11/12/2014 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of November 12, 2014
1. CALL TO ORDER AND ROLL CALL
Mayor Tim Matthes called the meeting to order at 7:00 p.m. Pro-Tern Cindy Lucarelli and
Councilmembers Bek Ashby, Jeff Cartwright, Fred Chang, Jerry Childs, John Clauson, and
Rob Putaansuu were present and constituted a quorum. City Clerk Rinearson, Police Chief
Marti, Public Works Director Dorsey, City Treasurer Martin, Development Director Bond,
Deputy City Clerk Fernandez, and Interim City Attorney Morris were also present.
A. Pledge of Allegiance
Mayor Matthes led the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
Mrs. Dee Coppola spoke about the Wayfinding System Project. She felt $55,000 was too
much money to spend on logo design, and it should have been done locally. She feels this
should have been on the Small Works Roster, but her company was not contacted. She
requested the Council table this project until it can be fully researched and vetted, and then
put it out to bid with extra points being given to local companies.
Ms. Kathryn Simpson spoke about the Wayfinding System Project. She is dismayed to
see $55000 for signagejlogo work, and that it wasn't on the small works roster. She
referenced the March 25, 2014, staff report, and questioned what criteria was used for that
competition and what was the criteria for not looking local? She would like an explanation
from the City as to why 1) this wasn't put out to bid locally, 2) why it costs $55,000, which
seems to be an exorbitant amount of money for artwork and logo work, and 3) what is the
City going to do in the future to improve this process so that our local artists have an
opportunity to earn their way to these contracts?
Mrs. Elissa Whittleton said she is a local artist, and she is okay with the decision for the
Wayfinding System Project, because it was put before the people in March, with discussions
being held several times before the decision was made. Businesses can join the professional
service roster to bid on projects. She said if there had been particular desires regarding the
design, those concerns should have been mentioned at the beginning of the project. She has
not found any color requirements in the Downtown Overlay District. City Hall, the library,
and the Port buildings tie in with the committee's suggested color palette, not to mention
the water and mountains. It is discouraging to see things stymied. She would hate to see it
stopped now and cost us extra dollars down the way.
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In addition, she thanked Mr. Clauson for bringing the Finance Committee meeting to City
Hall. At the Finance Committee meeting, the committee focused on the reaction of the HBA
to proposed impact fees. Mr. Putaansuu stated this issue would be brought to Executive
Session. She does not understand what RCW would allow this discussion to happen in
Executive Session. She feels the HBA is encouraging the Council to adopt their views in
keeping the fees low; however, as the public experiences fees to support their own impact
and use of infrastructure, it is only fair that new construction do the same. She questioned
why the HBA's opinion is so heavily weighted and wondered if the Council would consider
giving equal billing to a citizen's advisory board, which she believes could be arranged.
Lastly, she thanked everyone that showed up for the Finance Budget talks today, that was a
lot of work on everybody's part and she appreciates their efforts.
Mrs. Nicole Vaught referenced a Port Orchard Independent article that stated
Councilmembers wanted to know who is doing what in order to answer the public. That is
new for her, because last year the Council had to use the lawyer to engage the citizens. She
is annoyed by the statement in the article that Councilmember Childs wants to keep public
comments to 20 minutes. She said the Council is working for the public, and sometimes
they have important things to say. Some people are not fluent in English. The public has to
have the opportunity to express what they want or don't want. She said the public comment
timer infuriates her, and the $1,500 spent on the timer was a waste of tax money. She
referenced the Washington State Constitution: ARTICLE I, SETION 1 POLITICAL POWER:
All political power is inherent in the people, and governments derive their just powers
from the consent of the governed, and are established to protect and maintain individual
rights.
Mr. Nick .whittleton said he attended the Finance Committee on Monday, and thanked
Mr. Clauson for holding the meeting at City Hall. During the meeting there was discussion
regarding transportation impact fees. The purpose of these fees was to offset the impact of
development on our City street infrastructure. The Committee's first expressed concern was
how the Home Builders Association was going to react. There is an impact from adding cars
to streets, and the person(s) creating and profiting from that impact should share in the
burden. He understands that may cut into the profit margin, but that is a business decision.
Expecting the citizens of Port Orchard to pick up the tab to maintain a profit margin for
HBA members is not right and it does not represent the best interest of the people of Port
Orchard.
Regarding the wayfinding sign issue, he felt a couple of elected officials and community
members is a well-formed committee for decision making regarding aesthetic issues. In the
end, some will not be happy, but that is what results from a committee. Form, fit, and
function are the key elements that must be looked at. In this case, form and function are
met, fit is a concern of a few people. The Committee provided three options regarding an
aesthetic issue for the entire City, not just the Downtown Overlay District. It is not the
Council's job to decide what color to paint the proverbial fence; it is only the Council's job to
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decide if it needs painting and how to pay for it. If the Council chooses to delay this project
at an additional cost to the citizens, the Council alone is responsible for that cost overrun, as
the intent of the project has been met.
Clerk Rinearson requested to read an email into the record as requested by a citizen.
Councilmember Ashby said as a point of order, she did not believe the end of the email was
appropriate to read.
Councilmember Putaansuu questioned if this is a practice the Council wishes to continue --
to read letters into the record. He felt the letters should be provided to the Council, but if
someone wanted something stated at the podium, that they would be present to state that.
He felt public hearings should be the exception, but as a practice, he can see a half a dozen
letters read at every council meeting. He wants to hear from citizens, but he wants to hear
from them at the microphone, or they can send him a letter.
The Council decided to have the letter distributed to the Council and Mayor.
Councilmember Ashby asked that an explanation regarding the wayfinding system be sent
to the two citizens that expressed their concerns regarding the process at tonight's meeting.
Councilmember Chang would like the letter response read at a council meeting so people
who are watching the video can learn what the answer is.
Councilmember Ashby says she knows Mr. Bond has outlined the process the City took and
that should be shared with the two citizens that commented tonight.
Councilmember Childs agreed with Councilmember Ashby.
Mayor Matthes said it would be provided to those who testified tonight, and anyone else
who requests it.
3· APPROVAL OF AGENDA
Councilmember Putaansuu MOVED and Councilmember Clauson seconded
the motion approving the Agenda. Upon vote, the motion passed
unanimously.
4· APPROVAL OF CONSENT AGENDA
A. Approval of Check No. 62943 through 63004 totaling $612,520.56;
October Payroll totaling $564,422.48, & Treasurer's Check Book totaling
$1,836,676.42
B. Approval of Setting theN ovember Work Study Session Meeting Date
C. Approval of the October 21, 2014, Work Study Session Meeting Minutes
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D. Approval of the October 28, 2014, Council Meeting Minutes
E. Approval of a Contract Authorizing the Mayor to Execute an Agreement
with Gordon Sound/GS Events! for the 2014 Festival of Chimes and
Lights Sound System Services
F. Approval of a Contract Authorizing the Mayor to Execute an Interagency
Agreement IAA15209 for Interpreter Funding Reimbursement
Councilmember Clauson MOVED and Councilmember Childs seconded the
motion approving the Consent Agenda as distributed. Upon vote, the motion
passed unanimously.
5· PRESENTATION
A. Pancreatic Cancer Month Presentation & Proclamation
Mayor Matthes read the Pancreatic Cancer Month proclamation into the record and
presented it to Ms. Joan Mabbutt, who thanked the Mayor and Council for their continued
support. Ms. Mabbutt gave a presentation on the Wage Hope campaign.
B. KEDA Presentation
Presentation was not held.
6. PUBLIC HEARING
No public hearings were held.
7· BUSINESS ITEMS
Mayor Matthes requested Business Item 7F be heard first.
F. Adoption of a Resolution Adopting the Job Descriptions and Establishing a
Step System Schedule for the Position of Public Works Employee -Water
System Coordinator
Human Resources Coordinator Howard presented the staff report, noting on November 27,
2014, Public Works employee Ray Petty will be retiring. With his retirement, the City will
be losing 42 years of knowledge and skills in the daily operations and maintenance of the
City's water systems. The City will need to fill this gap by hiring a knowledgeable Water
System Coordinator to manage the City's water systems. A new job description was created
with a salary step schedule from a comparable with PUD 1, Silverdale Water Distinct, West
Sound Utilities, and AWC cities. This position would retain the duties of a Public Works
employee but would also require 5 years of experience and the certifications for a Water
Distribution Manager 2. This position will be a valuable asset to cross train current Public
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Works employees in the maintenance of the City's water systems. At the November 10,
2014, Finance Committee meeting, the Committee recommended approval of this job
description and salary step schedule within the Public Works/Engineering Department.
Councilmember Clauson said the Finance Committee agreed with this approach of
modifying the existing position to provide for this level of expertise.
Councilmember Putaansuu added the Committee wanted to get the job posted sooner
versus later due to the retirement at the end of November. By tweaking the job description,
they are changing the org chart, which needs Council approval.
Councilmember Clauson MOVED and Councilmember Putaansuu seconded
the motion to adopt a Resolution approving the job description and salary step
schedule for a Public Works Water System Coordinator position in the Public
Works/Engineering Department. Upon vote, the motion passed unanimously.
A. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter
1.18 Public Records Requests
City Clerk Rinearson presented the staff report, noting staff has reviewed Port Orchard
Municipal Code Chapter 1.18, Public Records Requests and recommends the following
changes:
1) Correct grammar errors.
2) Remove language that the City will not accept public records requests by email. This is
inconsistent with RCW 42.56.
3) Add the statement, if records are immediately available, no requirement to fill out the
public records request form. The records can be immediately inspected and/ or copied.
4) Include language that references the option to provide an internet link, if the
requested records are on the City's website. This option was added to RCW 42.56.520,
·back in 2010.
5) Clarify what records are exempt from disclosure and include the items that should be
on a privilege log.
6) Change the number of copies that are free from 10 to 15 copies. Add language to
include up to 2 discs per request at no charge.
7) Add language for an alternative dispute resolution.
Council discussed the proposed Ordinance change at the August Work Study Session. No
recommended changes were addressed to staff at that time.
Councilmember Chang thanked Clerk Rinearson for clarifying that the City accepts public
record requests by email.
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Councilmember Ashby MOVED and Councilmember Childs seconded the
motion to adopt an Ordinance amending Port Orchard Municipal Code
Chapter 1.18 Public Records Requests, as presented. Upon vote, the motion
passed unanimously.
B. Adoption of a Resolution Adopting Policies and Procedures for Processing
Public Records Requests.
City Clerk Rinearson presented the staff report, noting over the past few years, the City has
seen an increase of public records request. Not only has the number of requests increased,
but the complexity of requests has also increased. As citizens get more involved in their
local government, they tend to ask for records requiring significant research, email
correspondence, and audio recordings and/ or videos.
Prior to 2012, the City Clerk's office spent approximately four hours per week (3.5%) of
their time coordinating the City's responses to and fulfilling records requests. For the past
three years, there has been an increase of public records requests. This year the Clerk's
office has been spending approximately 22 hours per week (20%) responding, coordinating,
and fulfilling records request. In addition, other departments have been called upon to
devote significant staff resources to the increasing workload associated with records
requests.
While some may suggest the condition is temporary, staff is inclined to believe that is not
entirely the case. The diversity of requests that are being received, together with the
experiences of other local governments throughout the State, suggests that the City must
put in place a framework that will enable it to respond to the demands of the public and the
law, while maintaining a reasonable deployment and allocation of its staff resources and
budget.
Therefore, staff has prepared a Policies and Procedures for Processing Public Records
Requests. The key processes are as follows:
• Defining routine and non-routine requests;
• Defining the reasonable amount of time to spend on processing requests;
• Defining the responsibilities of each employee;
• Defining the process for responding to requests; and
• Providing a list of the most common public records that are exempt.
Council discussed the draft policy at the August Work Study Session. The comments from
that meeting have been addressed in the policy. In addition, staff has had AWC and the
interim City attorney review the policy. Their comments have been incorporated.
Councilmember Chang noted he recently attended a W APRO conference with the Clerk and
Deputy Clerk, and learned there is no insurance to cover penalties for public records act
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violations. He shared horror stories of fines other jurisdictions have paid. He is struck by
the fact that there is no insurance. He feels the City is fortunate to have to at least two
experts in public record requests working at the City
Councilmember Chang MOVED and Councilmember Lucarelli seconded the
motion to adopt a Resolution adopting the Policies and Procedures for
Processing Public Records Requests, as presented. Upon vote, the motion
passed unanimously.
C. Adoption of a Resolution Setting the Amount of Property Taxes to be Levied
for the Year 2015 Pursuant to RCW 84.55.120
City Treasurer Martin presented the staff report, noting on October 14, 2014, a public
hearing on revenue sources for the current expense (general fund) budget was held. The
hearing included a discussion on property tax being considered for collection in 2015.
Below is a comparison of next year's levy amount to this year's levy amount.
2014levy $2,240,898 2015levy $2,240,898
1% increase -0-.44625% increase 10,000
New construction -0-New construction 28,839
Annexation -0-Annexation -0-
Total Taxes 2,240,898 Total Taxes $2,279,737
Refunds -0-Refunds 46,458
Total2014 $2,240,898 Total2014 $2,326,195
State law (RCW 84.52.043) establishes maximum levy rates for the various types of taxing
districts (the state, counties, cities, and towns, fire districts, library districts, and the like).
Total 2015 levy amount is estimated to be $2,326,195 based upon an estimated maximum
$1.725 per thousand of assessed valuation. The 2015levy annexation amount is estimated
until the final levy calculation is completed by the Kitsap County Assessor.
Projected 2015 levy rate of $1.725 calculates a tax of $345.00 on a house assessed value of
$200,000.
Councilmember Childs is not fine with the increase. He thinks there are other ways to come
up with that.
Councilmember Putaansuu MOVED and Councilmember Ashby seconded the
motion to adopt a Resolution to set the 2015 property tax levy and the amount
of property taxes to be raised for the budget year of 2015. Upon vote, the
motion passed with five affirmative votes and two dissenting votes.
Councilmembers Lucarelli and Childs cast the dissenting votes.
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D. Approval of a Contract Authorizing the Mayor to Execute an Agreement
with Aspect Consulting, LLC for the 2015-2019 Marina MartfVlist Property
Environmental Services
Public Works Director Dorsey presented the staff report, noting pursuant to the Scope of
Work identified within the Morris Law P.C. Memorandum dated October 14, 2014, the City
of Port Orchard Public Works Department requested Professional Service Proposals from
two qualified environmental consulting firms listed on the City's (MRSC) Professional
Services Roster. Only one proposal was received, that being a Proposal for Environmental
Services-Marina Mart/Vlist Property, 514 Bay Street from Aspect Consulting, LLC. The
requested proposal provides for a 5-year maximum (2015-2019) contract, whereby year one
(2015) provides for residual source evaluation and initial groundwater sampling and
reporting ($7,788). Subsequent years (2016-2019) provide for the continued groundwater
sampling and reporting ($4,715/year) as needed until test result support a No Further
Action (NFA) determination by the Department of Ecology (Ecology). The Public Works
Department has confirmed 1) that the Professional Services Proposal process was followed
and 2) that the proposal will be funded in both the 2015 General Fund of the approved
budget and subsequent budgets until the NFA determination is received by Ecology.
Councilmember Putaansuu said the reason the first year is so large is this is a task the City
should have been doing, and the City has to catch up with monitoring the property, which
the City's responsibility.
Councilmember Putaansuu MOVED and Councilmember Clauson seconded
the motion to authorize the Mayor to execute a Contract with Aspect
Consulting, LLC for the 2015-2019 Marina MartfVlist Property Environmental
Services in an amount not to exceed $7,788.00 in 2015 and $4,715.00/year for
a maximum of four additional years as needed. Upon vote, the motion passed
unanimously.
E. Discussion: KRCC-ART Committee Restructure
Councilmember Putaansuu said this was a continuation from Work Study. He is looking for
some direction from the Council in what they are willing to support, so he can take it back
to the ART Committee on Friday.
Councilmember Ashby read into the record an email she wrote regarding the
recommendations. She accepts the concept of KRCC as an independent agency. The
financial element of the plan defines sustainability. Her bias is to tighten the scope of the
KRCC activities and the expenses in order to create a balanced budget. She would favor
using the formula of 1 percent of the general fund, and no more than 1-1.5 percent of future
transportation awards. Increasing the dependency of transportation awards may create
problems in the future. A more consistent source of revenue is needed for the basic services.
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Councilmember Childs said he has a problem with the surcharge; the City has huge projects
coming forward. This could have the City spending more than other jurisdictions.
Councilmember Putaansuu said if the way this agency is funded is not changed, the request
will come from the general fund. KRCC is trying to get away from general fund
contributions and say those who get awards that come from transportation funds pay for it.
Councilmember Ashby said the award could not be given to KRCC; it would be a direct
expense to the City. The surcharge would have to be budgeted for.
Councilmember Putaansuu said the expense would be due once a project has been
obligated.
Councilmember Ashby said that other jurisdictions want equality due to their general fund
budgets being structured differently.
Councilmember Clauson suggested that grants the City has already been awarded not be
impacted with the proposed new surcharge. The City put in requests for funding, without
having this potential additional obligation to budget for.
Councilmember Lucarelli asked if there is going to be a limit on reserves and if the
surcharge would be reduced at some point. It should not be endless.
Councilmember Ashby said the monies that would be collected in 2015 as part of the
transportation surcharge would be to build up the reserves. When looking at the budget of
the new entity, this is where they need to make sure they understand the scope and the
activities of that. They need that funding annually for their projected budget. They have
provided a couple of different alternatives of what their scope of work would be. There is a
onetime revenue cost transportation project surcharge for prior cycles unobligated. In one
of the alternatives, they are putting in for prior cycle unobligated surcharges.
Public Works Director Dorsey said that would affect Tremont and that would be a
significant number.
Councilmember Chang agrees with the continuity of KRCC. He 1s confused why the
proposed dues are considered equitable.
Councilmember Ashby said the dues in the past have been based on the combination of
property values and population. They are moving away from that to a percentage of general
fund money.
Councilmember Chang said that does not benefit the City of Port Orchard. Why is that
change in formula considered a better formula for the City?
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Councilmember Putaansuu said the City of Port Orchard Council does not control this, the
KRCC Policy Board does. He needs to know if the Council supports the concept of an
independent agency and is the council comfortable with shifting to awards-based
surcharge.
The Council supports the concept of an independent agency and are comfortable with
shifting to an awards based surcharge, but the Council prefers it begins with funding
requests that start in 2018 with the applications that are due in 2017, the start of the new
funding cycle.
8. COMMIITEE REPORTS
Councilmember Clauson reported the Finance Committee met today and held budget
interviews.
Councilmember Ashby reported the Economic Development/Tourism Committee met
Monday and discussed how to proceed with the wayfinding system project. At the October
27th meeting, they discussed the foot ferry ridership and talked about the economic
development element of the comprehensive plan and survey results. ·
Councilmember Putaansuu reported the Utility Committee would meet this Friday at 7:30
am. The Sewer Advisory Committee meeting discussed budget and the water reuse
program/membrane system. The next SAC meeting is November 19th.
Councilmember Cartwright reported the Public Property Committee discussed park rules
and Paul Powers Park improvements. The next meeting is scheduled for December 8th at
8:30 am in the Council Chambers.
Councilmember Lucarelli reported the Chimes & Lights Committee is taking care of last
minute details. The brochure is available and is being distributed. The tree lighting is
5:30 pm. The honorary tree lighters are Cindy & Mark Sparks from Omahundra.
Councilmember Ashby said she will be attending the PSRC meeting tomorrow, and at
KRCC, they discussed the restructuring.
9· MAYOR'S REPORT
Mayor Matthes read a letter they received about the Police Department's work on a dog
attack at McCormick Village Park. He announced there is a Town Hall Meeting tomorrow
night, and the Points of Light Awards and Christmas program is scheduled for December
sth, 6:oopm at the Christian Life Center.
10. REPORT OF DEPARTMENT DIRECfORS
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Public Works Director Dorsey said de-icer has been sprayed on the roads, and advised
citizens to check the website to look at the snowplow route map when snow falls; the
Vanzee lights are very close to being done; sand bags are available to the public up at the
Public Works Shop if flooding occurs, and some bags have been distributed to areas that
experience flooding during heavy rain/high tide events.
City Treasurer Martin said the budget discussions today were productive. There will be a
discussion on the budget at next week's Work Study session.
City Clerk Rinearson thanked the Council for adopting the Policies & Procedures for Public
Record Requests and for the new phone system. She said the installation went well. She
wanted to see what process the Council wanted to use for the Good Neighbor Awards. She
will bring this up for discussion on December 9.
11. CITIZENS COMMENTS
Mr. Nick Whittleton asked if the work for storm water should be done by City staff or be
contracted. The Health District does some fecal sampling throughout the County, including
five specific points in the City of Port Orchard. The City pays dues into the regional
stormwater monitoring plan, which fulfills its S-8 monitoring and assessment requirements
of the NPDES permit. He wanted to know how many samples the new employee would be
taking and how often. He questioned if we need to add the cost of another employee to
perform this function. He would like specific answers before agreeing to the increases.
Mrs. Elissa Whittleton said last year people were hesitant about submitting their own
homes for the Good Neighbor Awards. She has also been telling people if they are unable to
come to a Council meeting they can email their comments to the City Clerk to have them
read into the record. She said it is helpful for the public to know what other people are
saying, and not everyone can make it to the meetings. She is in favor of having them read in
to the record, for at least three minutes.
Mrs. Nicole Vaught agreed with Mrs. Whittleton. She watches all the videos at home. She
thanked the Council for bringing the Finance Committee meetings to City Hall so they can
hear the audio more easily. She said it is very important that a citizen know what is going on
with their local government. She said if someone had a comment, but did not have the time
to come to the meeting, it would be great if it was read by the Clerk so everyone else could
hear it as well.
12. EXECUfiVE SESSION
No executive session was held.
13. ADJOURNMENT
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