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11/13/2018 - Regular - Packet City of Port Orchard Council Meeting Agenda November 13, 2018 6:30 p.m. 1. CALL TO ORDER A. Pledge of Allegiance 2. APPROVAL OF AGENDA 3. CITIZENS COMMENTS (Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a Public Hearing. When recognized by the Mayor, please state your name for the official record) 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A. Approval of Checks, Payroll, and Electronic Payments B. Adoption of an Ordinance Amending POMC Section 9.46.050 City Owned Docks and Piers, to Address the Continued Moorage Misuse of the Dekalb Street Pier (Dorsey) Page 3 C. Adoption of a Resolution Declaring Certain Personal Property as Surplus (Marti) Page 9 D. Ratification of Change Order No. 3-2018 to Contract No. 004-13 with Pacific Air Control for HVAC System Repairs (Dorsey) Page 13 E. Approval of the October 23, 2018, Council Meeting Minutes Page 17 F. Approval of the Joint Aquatic Resources Permit Application (JARPA) for Reauthorization of the Aquatic Lease for the Dekalb Street Pier Permit No. 20-A12074 (Dorsey) Page 21 5. PRESENTATION A. Fathoms O’ Fun Civil War Re-Enactors Group (Sharron King) 6. PUBLIC HEARING A. Public Hearing on the Proposed 2019-2020 Biennial Budget (Crocker) Page 39 7. BUSINESS ITEMS A. Adoption of a Resolution Approving a Contract with Tierra Right of Way Services, Ltd. for the Continuation of Bay Street Pedestrian Pathway Project Real Estate Professional Acquisition Services (Dorsey) Page 41 B. Approval of the October 16, 2018, Council Work Study Session Minutes Page 91 C. Discussion: Lodging Tax Advisory Committee’s Recommendation for 2019 Funding Allocation (Rinearson) Page 95 Mayor: Rob Putaansuu Administrative Official Councilmembers: Bek Ashby Chair: ED/Tourism/LT Committee Staff: Development Director Finance Committee KRCC / PSRC TransPol / KRCC TransPol KRCC PlanPol-alt / PRTPO Shawn Cucciardi Finance Committee Land Use Committee PSRC EDD-alt Fred Chang Utilities Committee Sewer Advisory Committee (SAC) Staff: Public Works Director Jay Rosapepe ED/Tourism/LT Committee Utilities Committee Chair: Lodging Tax Committee Sewer Advisory Committee (SAC) KRCC-alt / KRCC TransPol-alt Kitsap Transit-alt John Clauson Chair: Finance Committee Staff: Finance Director Kitsap Public Health District-alt KEDA/KADA-alt Cindy Lucarelli Chair: Utilities and SAC Committee Staff: Public Works Director Chair: Chimes and Lights Committee Staff: City Clerk KEDA/KADA Scott Diener (Mayor Pro-Tempore) Chair: Land Use Committee Staff: Development Director ED/Tourism/LT Committee PSRC Growth Mgmt-alt Department Directors: Nicholas Bond, AICP Development Director Mark Dorsey, P.E. Director of Public Works/City Engineer Tim Drury Municipal Court Judge Noah Crocker, M.B.A. Finance Director Geoffrey Marti Police Chief Brandy Rinearson, MMC, CPRO City Clerk Contact us: 216 Prospect Street Port Orchard, WA 98366 (360) 876-4407 Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City’s website at: www.cityofportorchard.us or by contacting the City Clerk’s office at (360) 876-4407. The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk’s office should you need special accommodations. November 13, 2018, Meeting Agenda Page 2 of 2 D. Discussion: Updating the “Destination Port Orchard” Video (Rinearson) Page 103 8. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR 10. REPORT OF DEPARTMENT HEADS 11. CITIZEN COMMENTS (Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state your name for the official record) 12. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 13. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Finance TBD City Hall Economic Development and Tourism December 10, 2018; 9:30am City Hall Utilities November 19, 2018; 9:30am City Hall Sewer Advisory November 14, 2018; 6:30pm City Hall Land Use December 3, 2018; 9:30am DCD* Lodging Tax Advisory TBD City Hall Festival of Chimes & Lights November 19, 2018, 3:30pm City Hall Outside Agency Committees Varies Varies **DCD, Department of Community Development, 720 Prospect Street, Port Orchard CITY COUNCIL GOOD OF THE ORDER City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4B Meeting Date: November 13, 2018 Subject: Adoption of an Ordinance Amending POMC Prepared by: Mark R. Dorsey, P.E. Section 9.46.050, City-Owned Docks and Public Works Director Piers, to Address the Continued Moorage Atty Routing No.: N/A Misuse of the Dekalb Street Pier Atty Review Date: N/A Summary: In 2017, the City of Port Orchard completed the Repair, Replacement and Renovation of the Dekalb Street Pier. During the course of the design process, in compliance with the Department of Natural Resources (DNR) Aquatic Lands Lease requirements, the City clearly established that it did NOT intend for the improved facility to become an overnight moorage facility and/or to operate as a marina. Unfortunately, the improved facility continues to be an attractive nuisance for transient live-aboard boaters that do not wish to reside within an established marina or as a depository for unwanted derelict vessels. Therefore, the City must now amend POMC 9.46.050 Violation - Penalty (see proposed redline changes attached) to allow for better enforcement by the Port Orchard Police Department. Relationship to Comprehensive Plan: None. Recommendation: Staff recommends the City Council adopt an Ordinance, thereby amending POMC 9.46.050 to address continue moorage misuse of the Dekalb Street Pier. Motion for consideration: I move that the City Council adopt an Ordinance, thereby amending POMC 9.46.050 to address continue moorage misuse of the Dekalb Street Pier. Fiscal Impact: None. Alternatives: Do not adopt. Attachments: Redline and Ordinance No. 034-18 Page 3 of 104 This Page Intentionally Left Blank Page 4 of 104 ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REGULATING ACTIVITIES ON CITY-OWNED PIERS AND DOCKS, AMENDING SECTION 9.46.050 OF THE PORT ORCHARD MUNICIPAL CODE AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Port Orchard has constructed piers, docks and ramps for public access to the water; and WHEREAS, the purpose of these improvements is to enhance the recreational use of Sinclair Inlet; and WHEREAS, the recent improvements to the Dekalb Street Pier have led to the unintended misuse of these city facilities and the City Council deems it in the best interest of the City of Port Orchard to update the applicable regulations; and WHEREAS, the City Council chose to codify the City-Owned Piers and Docks regulations in order to aid the public in its ability to access and review said regulations; and WHEREAS, the City Council last updated these regulations under Ordinance No. 003-17, adopted on January 10, 2017; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Section 9.46.050 of the Port Orchard Municipal Code is hereby amended to read as follows: 9.46.050 Violation – Penalty. Any person, firm or corporation violating any of the provisions of this chapter shall be issued a civil infraction and such violations shall be punishable by a fine not exceeding $100.00. SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, clause or phrase of this Ordinance. SECTION 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect five (5) days after publication, as required by law. Page 5 of 104 Ordinance No. ____ Page 2 of 2 PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 13th day of November, 2018. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: SPONSORED BY: Sharon Cates, City Attorney Scott Diener, Councilmember PUBLISHED: EFFECTIVE DATE: Page 6 of 104 ORDINANCE NO. 034-18 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REGULATING ACTIVITIES ON CITY-OWNED PIERS AND DOCKS, AMENDING SECTION 9.46.050 OF THE PORT ORCHARD MUNICIPAL CODE AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Port Orchard has constructed piers, docks and ramps for public access to the water; and WHEREAS, the purpose of these improvements is to enhance the recreational use of Sinclair Inlet; and WHEREAS, the recent improvements to the Dekalb Street Pier have led to the unintended misuse of these city facilities and the City Council deems it in the best interest of the City of Port Orchard to update the applicable regulations; and WHEREAS, the City Council chose to codify the City-Owned Piers and Docks regulations in order to aid the public in its ability to access and review said regulations; and WHEREAS, the City Council last updated these regulations under Ordinance No. 003-17, adopted on January 10, 2017; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Section 9.46.050 of the Port Orchard Municipal Code is hereby amended to read as follows: 9.46.050 Violation – Penalty. Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be guilty of a misdemeanor and be punished by a fine in any sum issued a civil infraction and such violations shall be punishable by a fine not exceeding $100.00. SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, clause or phrase of this Ordinance. SECTION 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. Page 7 of 104 Ordinance No. 034-18 Page 2 of 2 SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect five (5) days after publication, as required by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 13th day of November, 2018. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, CMC, City Clerk APPROVED AS TO FORM: SPONSORED BY: Sharon Cates, City Attorney Scott Diener, Councilmember PUBLISHED: EFFECTIVE DATE: Page 8 of 104 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4C Meeting Date: November 13, 2018 Subject: Adoption of a Resolution Declaring Certain Prepared by: Geoffrey C Marti Personal Property as Surplus Chief of Police Atty Routing No.: N/A Atty Review Date: N/A Summary: These vehicles have no further value to the Police Department. 1. 2006 Chevrolet Impala, WA. License 39594D, VIN# 2G1WS551169345130. 2. 2006 Chevrolet Impala, WA. License 50419D, VIN# 2G1WS581X69367378. 3. 2009 Chevrolet Impala, WA. License 50411D, VIN# 2G1WS57M791282206. Recommendation: Surplus these vehicles and send to auction. Relationship to Comprehensive Plan: None. Motion for consideration: I move to adopt a resolution authorizing the City to declare these vehicles as surplus and dispose in the best interest of the City. Fiscal Impact: Small monetary return to the City from the sale. Alternatives: None. Attachments: Resolution. Page 9 of 104 This Page Intentionally Left Blank Page 10 of 104 RESOLUTION NO. ___________ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON DECLARING CERTAIN PERSONAL PROPERTY AS SURPLUS AND AUTHORIZING THE DISPOSITION THEREOF. WHEREAS, certain personal property owned by the City of Port Orchard has become surplus; and WHEREAS, the City Council desires to dispose of said property in the best interest of the City; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE THE FOLLOWING: THAT: The property described below is declared as surplus. Staff is instructed to dispose of the item in a manner that reflects the best interest of the City: 1. 2006 Chevrolet Impala, WA. License 39594D, VIN# 2G1WS551169345130. 2. 2006 Chevrolet Impala, WA. License 50419D, VIN# 2G1WS581X69367378. 3. 2009 Chevrolet Impala, WA. License 50411D, VIN# 2G1WS57M791282206. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 13th day of November 2018. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk Page 11 of 104 This Page Intentionally Left Blank Page 12 of 104 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 ____ Agenda Staff Report Agenda Item No. Consent Agenda 4D Meeting Date: November 13, 2018 Subject: Ratification of Change Order No. 3 - 2018 Prepared by: Mark Dorsey, P.E. To Contract No. 004-13 with Pacific Air Public Works Director Control for HVAC System Repairs Atty Routing No: NA Atty Review Date: NA Summary: Pacific Air Control has identified an issue with the boilers that needs to be resolved in order for City Hall to be properly heated. As Public Works did not want to wait until the next council meeting to start this repair, for expediency the change order of $2,267.20 (tax included) was approved by the Public Works Director. The change order was over 10% of the contract and budgeted amount requiring council approval. Recommendation: Staff recommends that the City Council ratify Change Order No. 3 - 2018 to Contract No. C004-13 with Pacific Air Control Inc. in the amount of $2,267.20 for the HVAC repairs. Relationship to Comprehensive Plan: None Motion for Consideration: I move to ratify Change Order No. 3 - 2018 to Contract No. C004-13 with Pacific Air Control Inc. in the amount of $2,267.20 for the HVAC repairs. Fiscal Impact: $18,000 was allocated within the approved 2018 Budget (001.5.518.30.48). A budget amendment may be required. Alternatives: None. Attachments: Change Order No. 3 - 2018 to Contract No. C004-13. Page 13 of 104 This Page Intentionally Left Blank Page 14 of 104 U:\Staff Reports\2018\20181113\4D 02 Change Order 3-2018_PACIFIC AIR.doc Page 1 CITY OF PORT ORCHARD Authorization for Change Order No. 3-2018 Date: November 13th 2018 Contractor: Pacific Air Control, Inc. Project: HVAC Maintenance 1916 220th Street SE, M#101 Contract / Job # C004-13 – 2018 Extension Bothell, WA 98021 Amount Sales Tax Total Date Appvd by Original Contract $7,616.07 $685.45 $8,301.52 11-Dec-12 COUNCIL Contract Amendment $9,110.00 $819.90 $9,929.90 26-Sep-17 COUNCIL Change Order 1 - 2018 $6,586.00 $592.74 $7,178.74 09-Jan-18 COUNCIL Change Order 2 - 2018 $6,422.00 $462.15 $6,884.15 11-Sep-18 COUNCIL Change Order 3 - 2018 $2,080.00 $187.20 $2,267.20 13-Nov-18 COUNCIL Total Contract for 2018 $31,814.07 $2,747.44 $34,561.51 Contract History I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Contractor Approval Signature Public Works Director/City Engineer MARK R. DORSEY, P.E. Printed Name & Title Printed Name Approved: Mayor Attest: City Clerk Council Approval Date THIS CHANGE ORDER AUTHORIZES THE REPAIRS RECOMMENDED BY SERVICE TECHNICIAN (SEE ATTACHED PROPOSALS FROM CONTRACTOR) FOR PROPER FUNCTION OF HVAC SYSTEM. Change Orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract amount established by City Council can be approved by the Public Works Director. Change Orders that do not exceed 10%, with a maximum of $100,000, of either legally authorized budget limit or contract amount established by City Council are to be approved by the Mayor. Change Orders over $100,000 or exceed a total of 10% require Council Action. Page 15 of 104 Page 16 of 104 City of Port Orchard Council Meeting Minutes Regular Meeting of October 23, 2018 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Councilmember Ashby Present Councilmember Chang Present Councilmember Clauson Present Councilmember Cucciardi Present Councilmember Diener Present Councilmember Lucarelli Present Councilmember Rosapepe Present Mayor Putaansuu Present Staff present: Finance Director Crocker, City Attorney Cates, HR Coordinator Howard, City Clerk Rinearson, and Deputy City Clerk Floyd. A. PLEDGE OF ALLEGIANCE Boy Scout Webelo Troop Pack No. 4529 led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to approve the agenda as published. The motion carried. 3. CITIZENS COMMENTS There were no comments. 4. CONSENT AGENDA A. Approval of Check Nos. 75405 through 75479 totaling $272,897,77; and Bi-Weekly Payroll including Check Nos. 148061 through 148075 totaling $393,522,82. MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to approve the consent agenda as published. Page 17 of 104 Minutes of October 23, 2018 Page 2 of 4 The motion carried. 5. PRESENTATION A. SKWRF 2019 Annual Budget Randy Screws, General Manager of West Sound Utility District introduced Marti Grabill, the new South Kitsap Water Reclamation Facility (SKWRF) Plant Manager, and briefed Council on the 2019 SKWRF budget. 6. PUBLIC HEARING A. Revenue Sources and Property Tax Levy Current Expense Budget for 2019-2020 and Satisfying the Requirements of RCW 84.55.120 Mayor Putaansuu opened the public hearing at 6:41 p.m. Finance Director Crocker provided a presentation of the City’s 2019-2020 Revenue Sources. There being no more testimony, Mayor Putaansuu closed the public hearing at 6:56 p.m. 7. BUSINESS ITEMS A. Adoption of an Ordinance Establishing a Standardized Utility Fund Structure and Create New Enterprise Funds MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to adopt an Ordinance to establish a standardized enterprise fund structure and create new enterprise funds for the City. The motion carried. (Ordinance No. 031-18) B. Adoption of an Ordinance Amending the 2017-2018 Biennial Budget MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to adopt an Ordinance amending the 2017-2018 biennial Budget and increasing expenditure authority from Funds 303 Cumulative Reserve - Equipment Replacement, 402 Water-Sewer Equipment Replacement, and 422 Storm Drainage Equipment Replacement as proposed in the Ordinance. The motion carried. (Ordinance No. 032-18) Page 18 of 104 Minutes of October 23, 2018 Page 3 of 4 C. Adoption of an Ordinance Setting the Amount of Property Tax to be Levied for Year 2019 Pursuant to RCW 84.55.120 MOTION: By Councilmember Rosapepe, seconded by Councilmember Diener, to adopt an Ordinance setting the 2019 property tax levy and the amount of property taxes to be raised for the budget year of 2019. The motion carried. (Ordinance No. 033-18) D. Adoption of a Resolution Adopting the 2019-2021 Legislative Agenda MOTION: By Councilmember Lucarelli, seconded by Councilmember Cucciardi, to adopt a Resolution, thereby approving the 2019-2021 Legislative Agenda. The motion carried. (Resolution No. 048-18) E. Approval of the October 9, 2018 Council Meeting Minutes MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the minutes from October 9, 2018, Council meeting. The motion carried. Councilmember Cucciardi abstained. 8. REPORTS OF COUNCIL COMMITTEES Mayor Putaansuu reported the Finance Committee met with department directors last Friday [October 19th]. Councilmember Ashby reported the Economic Development and Tourism committee is scheduled to meet November 7th. Councilmember Lucarelli reported the Utilities committee is scheduled to meet November 19th, but she is waiting on confirmation from the director. The Sewer Advisory committee is scheduled to meet January 16th. The Festival of Chimes and Lights committee is scheduled to meet November 19th. Councilmember Diener reported the Land Use committee is scheduled to meet November 5th. Councilmember Rosapepe reported on the October 22nd Lodging Tax Advisory committee meeting. The next meeting is scheduled for November 5th. Page 19 of 104 Minutes of October 23, 2018 Page 4 of 4 Councilmember Clauson invited Councilmembers to the November 19th ribbon cutting for the start of Kingston ferry service. 9. REPORT OF MAYOR Mayor Putaansuu reported on the following: • County’s Grant Recommendation Committee appointments; • Well No. 13 bids; • Tremont updates; • Social media updates; and • Collective Bargaining session at the end of the meeting. 10. REPORT OF DEPARTMENT HEADS HR Coordinator Howard reported we have hired a Public Works Permit Clerk; police oral boards are scheduled for tomorrow; and the new Civil Engineer starts work on Monday. 11. CITIZENS COMMENTS Scott Kervan, Slaughter County Brewing Company, questions the Council’s support regarding keeping parking open along Etta Turner Park, and voiced his concerns with that decision. 12. EXECUTIVE SESSION No executive session was held. 13. ADJOURNMENT The meeting adjourned at 7:27 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 20 of 104 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4F Meeting Date: November 13, 2018 Subject: Approval of the Joint Aquatic Resources Prepared by: Mark R. Dorsey, P.E. Permit Application (JARPA) for Public Works Director Reauthorization of the Aquatic Lease for Atty Routing No: N/A The Dekalb Street Pier Waterway Permit Atty Review Date: N/A No. 20-A12074 Summary: On November 5, 1984, the City of Port Orchard entered into Washington State Department of Natural Resources (“DNR”) Permit No. 20-A12074 (“Waterway Permit”), being a 30-year Interagency Agreement for the use of State-Owned Aquatic Lands at the Dekalb Street Pier Waterway. The initial 30- year term expired on September 30, 2014. The subsequent 5-year term, approved on June 10, 2014 (Contract No. C059-14), had an associated termination date of September 30, 2019. Therefore, in compliance with WAC 332-30-31 (Permitted Uses) and the Terms and Conditions of the current Waterway Permit, a Joint Aquatic Resources Permit Application (JARPA) form needs to be submitted to the DNR prior to the issuance and subsequent City Council approval of the renewed 5-year term Waterway Permit in 2019. Relationship to Comprehensive Plan: Chapter 4 – Parks Recommendation: Staff recommends that the City Council authorize the Mayor to execute the JARPA form to commence the Re-Authorization of Dekalb Street Pier Waterway Permit No. 20-A12074 with the DNR for a 5-year term renewal, commencing on October 1, 2019 and terminating on September 30, 2024. Motion for Consideration: I move to authorize the Mayor to execute the JARPA form to commence the Re-Authorization of Dekalb Street Pier Waterway Permit No. 20-A12074 with the DNR for a 5-year term renewal, commencing on October 1, 2019 and terminating on September 30, 2024. Fiscal Impact: Waterway Permit fees owed to the State on an annual basis will be funded within the approved 2019-2020 Biennial Budget. Alternatives: None. Attachments: JARPA Form and Attachment E. Page 21 of 104 This Page Intentionally Left Blank Page 22 of 104 ORIA-16-011 Page 1 of 14 WASHINGTON STATE Joint Aquatic Resources Permit Application (JARPA) Form 1,2 [help] USE BLACK OR BLUE INK TO ENTER ANSWERS IN THE WHITE SPACES BELOW. Part 1–Project Identification 1. Project Name (A name for your project that you create. Examples: Smith’s Dock or Seabrook Lane Development) [help] Re-Authorization of Dekalb Street Pier Waterway Permit 20-A12074 Part 2–Applicant The person and/or organization responsible for the project. [help] 2a. Name (Last, First, Middle) Putaansuu, Robert Bryan (Mayor) 2b. Organization (If applicable) City of Port Orchard 2c. Mailing Address (Street or PO Box) 216 Prospect Street 2d. City, State, Zip Port Orchard, WA 98366 2e. Phone (1) 2f. Phone (2) 2g. Fax 2h. E-mail 360.876.4407 360.731.3223 360.895.9029 rputaansuu@cityofportorchard.us 1Additional forms may be required for the following permits: • If your project may qualify for Department of the Army authorization through a Regional General Permit (RGP), contact the U.S. Army Corps of Engineers for application information (206) 764-3495. • Not all cities and counties accept the JARPA for their local Shoreline permits. If you need a Shoreline permit, contact the appropriate city or county government to make sure they accept the JARPA. 2To access an online JARPA form with [help] screens, go to http://www.epermitting.wa.gov/site/alias__resourcecenter/jarpa_jarpa_form/9984/jarpa_form.aspx. For other help, contact the Governor’s Office for Regulatory Innovation and Assistance at (800) 917-0043 or help@oria.wa.gov. AGENCY USE ONLY Date received: Agency reference #: Tax Parcel #(s): Page 23 of 104 ORIA-16-011 Page 2 of 14 Part 3–Authorized Agent or Contact Person authorized to represent the applicant about the project. (Note: Authorized agent(s) must sign 11b of this application.) [help] 3a. Name (Last, First, Middle) Dorsey, Mark Robert 3b. Organization (If applicable) City of Port Orchard Public Works Department 3c. Mailing Address (Street or PO Box) 216 Prospect Street 3d. City, State, Zip Port Orchard, WA 98366 3e. Phone (1) 3f. Phone (2) 3g. Fax 3h. E-mail 360.867.4991 360.535.4016 360.876.4980 mdorsey@cityofportorchard.us Part 4–Property Owner(s) Contact information for people or organizations owning the property(ies) where the project will occur. Consider both upland and aquatic ownership because the upland owners may not own the adjacent aquatic land. [help] ☒ Same as applicant. (Skip to Part 5.) ☐ Repair or maintenance activities on existing rights-of-way or easements. (Skip to Part 5.) ☐ There are multiple upland property owners. Complete the section below and fill out JARPA Attachment A for each additional property owner. ☒ Your project is on Department of Natural Resources (DNR)-managed aquatic lands. If you don’t know, contact the DNR at (360) 902-1100 to determine aquatic land ownership. If yes, complete JARPA Attachment E to apply for the Aquatic Use Authorization. 4a. Name (Last, First, Middle) N/A 4b. Organization (If applicable) 4c. Mailing Address (Street or PO Box) 4d. City, State, Zip 4e. Phone (1) 4f. Phone (2) 4g. Fax 4h. E-mail Page 24 of 104 ORIA-16-011 Page 3 of 14 Part 5–Project Location(s) Identifying information about the property or properties where the project will occur. [help] ☐ There are multiple project locations (e.g. linear projects). Complete the section below and use JARPA Attachment B for each additional project location. 5a. Indicate the type of ownership of the property. (Check all that apply.) [help] ☐ Private ☐ Federal ☒ Publicly owned (state, county, city, special districts like schools, ports, etc.) ☐ Tribal ☐ Department of Natural Resources (DNR) – managed aquatic lands (Complete JARPA Attachment E) 5b. Street Address (Cannot be a PO Box. If there is no address, provide other location information in 5p.) [help] 475 Bay Street 5c. City, State, Zip (If the project is not in a city or town, provide the name of the nearest city or town.) [help] Port Orchard, WA 98366 5d. County [help] Kitsap 5e. Provide the section, township, and range for the project location. [help] ¼ Section Section Township Range 26 24N 1E 5f. Provide the latitude and longitude of the project location. [help] • Example: 47.03922 N lat. / -122.89142 W long. (Use decimal degrees - NAD 83) 47.540192 N lat. / 122.641442 W long. 5g. List the tax parcel number(s) for the project location. [help] • The local county assessor’s office can provide this information. N/A (located within street end, partially within ROW and water-ward side is designated public place. 5h. Contact information for all adjoining property owners. (If you need more space, use JARPA Attachment C.) [help] Name Mailing Address Tax Parcel # (if known) Kashi 201 Williams LLC 3509 Carpenter Rd. SE 4044-001-001-0007 Olympia, WA 98503 Tiernan Properties LLC 501 Bay Street 4650-004-001-0006 Port Orchard, WA 98366 DNR 1111 Washington Street, SE, PO Box 47000 State-owned Tidelands Olympia, WA 98504 City of Port Orchard 216 Prospect Street Public ROW Port Orchard, WA 98366 Page 25 of 104 ORIA-16-011 Page 4 of 14 5i. List all wetlands on or adjacent to the project location. [help] N/A 5j. List all waterbodies (other than wetlands) on or adjacent to the project location. [help] Sinclair Inlet / Puget Sound 5k. Is any part of the project area within a 100-year floodplain? [help] ☒ Yes ☐ No ☐ Don’t know 5l. Briefly describe the vegetation and habitat conditions on the property. [help] Site uplands include recent frontage improvements along Bay Street (curb/gutter, sidewalk, landscaping) at pier head. Existing slope to water is rip-rap with a small patch of salt tolerant grass/rush present in the SW corner. The beach material is course gravel/rocks, transitioning to sand and mud. There is no aquatic vegetation near shore. 5m. Describe how the property is currently used. [help] The Dekalb Street Pier with gangway and moorage floats are open to the public for daytime moorage only of boats, and other water oriented uses. 5n. Describe how the adjacent properties are currently used. [help] Adjacent to the east – an existing private marina. Adjacent to the west – an existing commercial property(restaurant currently closed) sold in 2016, pending mixed-use redevelopment. 5o. Describe the structures (above and below ground) on the property, including their purpose(s) and current condition. [help] The recently renovated Dekalb Street Pier consists of a public access pier with gangway and moorage floats and frontage improvements along Bay Street (curb/gutter, sidewalk, lighting, benches and landscaping.) 5p. Provide driving directions from the closest highway to the project location, and attach a map. [help] From I-5 in Tacoma: Take SR 16 west to the Tremont Street exit, travel east on Tremont Street to Port Orchard Boulevard and take a left at the signal. Travel north along Port Orchard Boulevard to Bay Street (SR 166.) The Dekalb Street Pier is straight ahead of you on the water. Page 26 of 104 ORIA-16-011 Page 5 of 14 Part 6–Project Description 6a. Briefly summarize the overall project. You can provide more detail in 6b. [help] N/A 6b. Describe the purpose of the project and why you want or need to perform it. [help] N/A 6c. Indicate the project category. (Check all that apply) [help] ☐ Commercial ☐ Residential ☐ Institutional ☐ Transportation ☒ Recreational ☐ Maintenance ☐ Environmental Enhancement N/A 6d. Indicate the major elements of your project. (Check all that apply) [help] ☐ Aquaculture ☐ Bank Stabilization ☐ Boat House ☐ Boat Launch ☐ Boat Lift ☐ Bridge ☐ Bulkhead ☐ Buoy ☐ Channel Modification ☐ Culvert ☐ Dam / Weir ☐ Dike / Levee / Jetty ☐ Ditch ☒ Dock / Pier ☐ Dredging ☐ Fence ☐ Ferry Terminal ☐ Fishway ☒ Float ☐ Floating Home ☐ Geotechnical Survey ☐ Land Clearing ☐ Marina / Moorage ☐ Mining ☐ Outfall Structure ☐ Piling/Dolphin ☐ Raft ☐ Retaining Wall (upland) ☐ Road ☐ Scientific Measurement Device ☐ Stairs ☐ Stormwater facility ☐ Swimming Pool ☐ Utility Line ☒ Other: N/A Page 27 of 104 ORIA-16-011 Page 6 of 14 6e. Describe how you plan to construct each project element checked in 6d. Include specific construction methods and equipment to be used. [help] • Identify where each element will occur in relation to the nearest waterbody. • Indicate which activities are within the 100-year floodplain. N/A 6f. What are the anticipated start and end dates for project construction? (Month/Year) [help] • If the project will be constructed in phases or stages, use JARPA Attachment D to list the start and end dates of each phase or stage. Start Date: N/A End Date: N/A ☐ See JARPA Attachment D 6g. Fair market value of the project, including materials, labor, machine rentals, etc. [help] N/A 6h. Will any portion of the project receive federal funding? [help] • If yes , list each agency providing funds. ☐ Yes ☐ No ☐ Don’t know Part 7–Wetlands: Impacts and Mitigation ☐ Check here if there are wetlands or wetland buffers on or adjacent to the project area. (If there are none, skip to Part 8.) [help] 7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. [help] ☒ Not applicable 7b. Will the project impact wetlands? [help] ☐ Yes ☐ No ☐ Don’t know 7c. Will the project impact wetland buffers? [help] ☐ Yes ☐ No ☐ Don’t know Page 28 of 104 ORIA-16-011 Page 7 of 14 7d. Has a wetland delineation report been prepared? [help] • If Yes, submit the report, including data sheets, with the JARPA package. ☐ Yes ☐ No 7e. Have the wetlands been rated using the Western Washington or Eastern Washington Wetland Rating System? [help] • If Yes, submit the wetland rating forms and figures with the JARPA package. ☐ Yes ☐ No ☐ Don’t know 7f. Have you prepared a mitigation plan to compensate for any adverse impacts to wetlands? [help] • If Yes, submit the plan with the JARPA package and answer 7g. • If No, or Not applicable, explain below why a mitigation plan should not be required. ☐ Yes ☐ No ☐ Don’t know 7g. Summarize what the mitigation plan is meant to accomplish, and describe how a watershed approach was used to design the plan. [help] N/A 7h. Use the table below to list the type and rating of each wetland impacted, the extent and duration of the impact, and the type and amount of mitigation proposed. Or if you are submitting a mitigation plan with a similar table, you can state (below) where we can find this information in the plan. [help] Activity (fill, drain, excavate, flood, etc.) Wetland Name1 Wetland type and rating category2 Impact area (sq. ft. or Acres) Duration of impact3 Proposed mitigation type4 Wetland mitigation area (sq. ft. or acres) 1 If no official name for the wetland exists, create a unique name (such as “Wetland 1”). The name should be consistent with other project documents, such as a wetland delineation report. 2 Ecology wetland category based on current Western Washington or Eastern Washington Wetland Rating System. Provide the wetland rating forms with the JARPA package. 3 Indicate the days, months or years the wetland will be measurably impacted by the activity. Enter “permanent” if applicable. 4 Creation (C), Re-establishment/Rehabilitation (R), Enhancement (E), Preservation (P), Mitigation Bank/In-lieu fee (B) Page number(s) for similar information in the mitigation plan, if available: N/A Page 29 of 104 ORIA-16-011 Page 8 of 14 7i. For all filling activities identified in 7h, describe the source and nature of the fill material, the amount in cubic yards that will be used, and how and where it will be placed into the wetland. [help] N/A 7j. For all excavating activities identified in 7h, describe the excavation method, type and amount of material in cubic yards you will remove, and where the material will be disposed. [help] N/A Part 8–Waterbodies (other than wetlands): Impacts and Mitigation In Part 8, “waterbodies” refers to non-wetland waterbodies. (See Part 7 for information related to wetlands.) [help] ☐ Check here if there are waterbodies on or adjacent to the project area. (If there are none, skip to Part 9.) 8a. Describe how the project is designed to avoid and minimize adverse impacts to the aquatic environment. [help] ☒ Not applicable 8b. Will your project impact a waterbody or the area around a waterbody? [help] ☐ Yes ☐ No Page 30 of 104 ORIA-16-011 Page 9 of 14 8c. Have you prepared a mitigation plan to compensate for the project’s adverse impacts to non-wetland waterbodies? [help] • If Yes, submit the plan with the JARPA package and answer 8d. • If No, or Not applicable, explain below why a mitigation plan should not be required. ☐ Yes ☐ No ☐ Don’t know N/A 8d. Summarize what the mitigation plan is meant to accomplish. Describe how a watershed approach was used to design the plan. • If you already completed 7g you do not need to restate your answer here. [help] N/A 8e. Summarize impact(s) to each waterbody in the table below. [help] Activity (clear, dredge, fill, pile drive, etc.) Waterbody name1 Impact location2 Duration of impact3 Amount of material (cubic yards) to be placed in or removed from waterbody Area (sq. ft. or linear ft.) of waterbody directly affected 1 If no official name for the waterbody exists, create a unique name (such as “Stream 1”) The name should be consistent with other documents provided. 2 Indicate whether the impact will occur in or adjacent to the waterbody. If adjacent, provide the distance between the impact and the waterbody and indicate whether the impact will occur within the 100-year flood plain. 3 Indicate the days, months or years the waterbody will be measurably impacted by the work. Enter “permanent” if applicable. 8f. For all activities identified in 8e, describe the source and nature of the fill material, amount (in cubic yards) you will use, and how and where it will be placed into the waterbody. [help] N/A Page 31 of 104 ORIA-16-011 Page 10 of 14 8g. For all excavating or dredging activities identified in 8e, describe the method for excavating or dredging, type and amount of material you will remove, and where the material will be disposed. [help] N/A Part 9–Additional Information Any additional information you can provide helps the reviewer(s) understand your project. Complete as much of this section as you can. It is ok if you cannot answer a question. 9a. If you have already worked with any government agencies on this project, list them below. [help] Agency Name Contact Name Phone Most Recent Date of Contact DNR Lindie Schmidt 206.949.1740 10.15.2018 9b. Are any of the wetlands or waterbodies identified in Part 7 or Part 8 of this JARPA on the Washington Department of Ecology’s 303(d) List? [help] • If Yes, list the parameter(s) below. • If you don’t know, use Washington Department of Ecology’s Water Quality Assessment tools at: https://ecology.wa.gov/Water- Shorelines/Water-quality/Water-improvement/Assessment-of-state-waters-303d. ☒ Yes ☐ No Temperature 9c. What U.S. Geological Survey Hydrological Unit Code (HUC) is the project in? [help] • Go to http://cfpub.epa.gov/surf/locate/index.cfm to help identify the HUC. 17110019 9d. What Water Resource Inventory Area Number (WRIA #) is the project in? [help] • Go to https://ecology.wa.gov/Water-Shorelines/Water-supply/Water-availability/Watershed-look-up to find the WRIA #. 15 Page 32 of 104 ORIA-16-011 Page 11 of 14 9e. Will the in-water construction work comply with the State of Washington water quality standards for turbidity? [help] • Go to https://ecology.wa.gov/Water-Shorelines/Water-quality/Freshwater/Surface-water-quality-standards/Criteria for the standards. ☐ Yes ☐ No ☒ Not applicable 9f. If the project is within the jurisdiction of the Shoreline Management Act, what is the local shoreline environment designation? [help] • If you don’t know, contact the local planning department. • For more information, go to: https://ecology.wa.gov/Water-Shorelines/Shoreline-coastal-management/Shoreline-coastal- planning/Shoreline-laws-rules-and-cases. ☐ Urban ☐ Natural ☐ Aquatic ☐ Conservancy ☒ Other: High Intensity 9g. What is the Washington Department of Natural Resources Water Type? [help] • Go to http://www.dnr.wa.gov/forest-practices-water-typing for the Forest Practices Water Typing System. ☒ Shoreline ☐ Fish ☐ Non-Fish Perennial ☐ Non-Fish Seasonal 9h. Will this project be designed to meet the Washington Department of Ecology’s most current stormwater manual? [help] • If No, provide the name of the manual your project is designed to meet. ☐ Yes ☐ No Name of manual: N/A 9i. Does the project site have known contaminated sediment? [help] • If Yes, please describe below. ☐ Yes ☐ No N/A 9j. If you know what the property was used for in the past, describe below. [help] After 1980, the area was a pier/float facility. Prior to 1980, the area was an open tide flat. See Cultural Resources Assessment prepared 2/2012 (ASM Affiliates) for more detail. 9k. Has a cultural resource (archaeological) survey been performed on the project area? [help] • If Yes, attach it to your JARPA package. ☐ Yes ☐ No Page 33 of 104 ORIA-16-011 Page 12 of 14 9l. Name each species listed under the federal Endangered Species Act that occurs in the vicinity of the project area or might be affected by the proposed work. [help] N/A 9m. Name each species or habitat on the Washington Department of Fish and Wildlife’s Priority Habitats and Species List that might be affected by the proposed work. [help] N/A Part 10–SEPA Compliance and Permits Use the resources and checklist below to identify the permits you are applying for. • Online Project Questionnaire at http://apps.oria.wa.gov/opas/. • Governor’s Office for Regulatory Innovation and Assistance at (800) 917-0043 or help@oria.wa.gov. • For a list of addresses to send your JARPA to, click on agency addresses for completed JARPA. 10a. Compliance with the State Environmental Policy Act (SEPA). (Check all that apply.) [help] • For more information about SEPA, go to https://ecology.wa.gov/regulations-permits/SEPA-environmental-review. ☐ A copy of the SEPA determination or letter of exemption is included with this application. ☐ A SEPA determination is pending with (lead agency). The expected decision date is . ☐ I am applying for a Fish Habitat Enhancement Exemption. (Check the box below in 10b.) [help] ☒ This project is exempt (choose type of exemption below). ☐ Categorical Exemption. Under what section of the SEPA administrative code (WAC) is it exempt? ☐ Other: ☐ SEPA is pre-empted by federal law. Page 34 of 104 ORIA-16-011 Page 13 of 14 10b. Indicate the permits you are applying for. (Check all that apply.) [help] LOCAL GOVERNMENT Local Government Shoreline permits: ☐ Substantial Development ☐ Conditional Use ☐ Variance ☐ Shoreline Exemption Type (explain): Other City/County permits: ☐ Floodplain Development Permit ☐ Critical Areas Ordinance STATE GOVERNMENT Washington Department of Fish and Wildlife: ☐ Hydraulic Project Approval (HPA) ☐ Fish Habitat Enhancement Exemption – Attach Exemption Form Washington Department of Natural Resources: ☒ Aquatic Use Authorization Complete JARPA Attachment E and submit a check for $25 payable to the Washington Department of Natural Resources. Do not send cash. Washington Department of Ecology: ☐ Section 401 Water Quality Certification FEDERAL AND TRIBAL GOVERNMENT United States Department of the Army (U.S. Army Corps of Engineers): ☐ Section 404 (discharges into waters of the U.S.) ☐ Section 10 (work in navigable waters) United States Coast Guard: ☐ General Bridge Act Permit ☐ Private Aids to Navigation (for non-bridge projects) United States Environmental Protection Agency: ☐ Section 401 Water Quality Certification (discharges into waters of the U.S.) on tribal lands where tribes do not have treatment as a state (TAS) Tribal Permits: (Check with the tribe to see if there are other tribal permits, e.g., Tribal Environmental Protection Act, Shoreline Permits, Hydraulic Project Permits, or other in addition to CWA Section 401 WQC) ☐ Section 401 W ater Quality Certification (discharges into waters of the U.S.) where the tribe has treatment as a state (TAS). Page 35 of 104 ORIA-16-011 Page 14 of 14 Part 11–Authorizing Signatures Signatures are required before submitting the JARPA package. The JARPA package includes the JARPA form, project plans, photos, etc. [help] 11a. Applicant Signature (required) [help] I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities, and I agree to start work only after I have received all necessary permits. I hereby authorize the agent named in Part 3 of this application to act on my behalf in matters related to this application. _______ (initial) By initialing here, I state that I have the authority to grant access to the property. I also give my consent to the permitting agencies entering the property where the project is located to inspect the project site or any work related to the project. ________ (initial) Robert B. Putaansuu Applicant Printed Name Applicant Signature Date 11b. Authorized Agent Signature [help] I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities and I agree to start work only after all necessary permits have been issued. Mark R. Dorsey, P.E. Authorized Agent Printed Name Authorized Agent Signature Date 11c. Property Owner Signature (if not applicant) [help] Not required if project is on existing rights-of-way or easements (provide copy of easement with JARPA). I consent to the permitting agencies entering the property where the project is located to inspect the project site or any work. These inspections shall occur at reasonable times and, if practical, with prior notice to the landowner. Robert B. Putaansuu Property Owner Printed Name Property Owner Signature Date 18 U.S.C §1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than 5 years or both. If you require this document in another format, contact the Governor’s Office for Regulatory Innovation and Assistance (ORIA) at (800) 917-0043. People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call (877) 833- 6341. ORIA publication number: ORIA-16-011 rev. 09/2018 Page 36 of 104 JARPA Attachment E Rev. 10/2016 Page 1 of 2 WASHINGTON STATE Joint Aquatic Resources Permit Application (JARPA) [help] Attachment E: Aquatic Use Authorization on Department of Natural Resources (DNR)-managed aquatic lands [help] Complete this attachment and submit it with the completed JARPA form only if you are applying for an Aquatic Use Authorization with DNR. Call (360) 902-1100 or visit http://www.dnr.wa.gov/programs-and- services/aquatics/leasing-and-land-transactions for more information. • DNR recommends you discuss your proposal with a DNR land manager before applying for regulatory permits. Contact your regional land manager for more information on potential permit and survey requirements. You can find your regional land manager by calling (360) 902-1100 or going to http://www.dnr.wa.gov/programs-and-services/aquatics/aquatic-districts-and-land-managers-map. [help] • The applicant may not begin work on DNR-managed aquatic lands until DNR grants an Aquatic Use Authorization. • Include a $25 non-refundable application processing fee, payable to the “W ashington Department of Natural Resources.” (Contact your Land Manager to determine if and when you are required to pay this fee.) [help] DNR may reject the application at any time prior to issuing the applicant an Aquatic Use Authorization. [help] Use black or blue ink to enter answers in white spaces below. 1. Applicant Name (Last, First, Middle) Putaansuu, Robert Bryan 2. Project Name (A name for your project that you create. Examples: Smith’s Dock or Seabrook Lane Development) [help] Re-Authorization of Dekalb Street Pier Waterway Permit 20-A12074 3. Phone Number and Email 360.876.4407 rputaansuu@cityofportorchard.us 4. Which of the following applies to Applicant? Check one and, if applicable, attach the written authority – bylaws, power of attorney, etc. [help] ☐ Corporation ☐ Limited Partnership ☐ General Partnership ☐ Limited Liability Company Home State of Registration: ☐ Individual ☐ Marital Community (Identify spouse): ☒ Government Agency ☐ Other (Please Explain): AGENCY USE ONLY Date received: ; ☐ Town ☐ Application Fee Received; ☐ Fee N/A ☐ New Application; ☐ Renewal Application Type/Prefix #:_____; NaturE Use Code: LM Initials & BP#: RE Assets Finance BP#: New Application Number: Trust(s):_______________; County: AQR Plate #(s): Gov Lot #(s): Tax Parcel #(s): Page 37 of 104 JARPA Attachment E Rev. 10/2016 Page 2 of 2 5. Washington UBI (Unified Business Identifier) number, if applicable: [help] 182-000-005 6. Are you aware of any existing or previously expired Aquatic Use Authorizations at the project location? ☒ Yes ☐ No ☐ Don’t know If Yes, Authorization number(s): __20-A12074_____________ 7. Do you intend to sublease the property to someone else? ☐ Yes ☒ No If Yes, contact your Land Manager to discuss subleasing. 8. If fill material was used previously on DNR-managed aquatic lands, describe below the type of fill material and the purpose for using it. [help] N/A To be completed by DNR and a copy returned to the applicant. Signature for projects on DNR-managed aquatic lands: Applicant must obtain the signature of DNR Aquatics District Manager OR Assistant Division Manager if the project is located on DNR-managed aquatic lands. I, a designated representative of the Dept. of Natural Resources, am aware that the project is being proposed on Dept. of Natural Resources-managed aquatic lands and agree that the applicant or his/her representative may pursue the necessary regulatory permits. My signature does not authorize the use of DNR-managed aquatic lands for this project. __________________________________ __________________________________ _______________ Printed Name Signature Date Dept. of Natural Resources Dept. of Natural Resources District Manager or Assistant Division Manager District Manager or Assistant Division Manager If you require this document in another format, contact the Governor’s Office for Regulatory Innovation and Assistance (ORIA) at (800) 917-0043. People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call (877) 833-6341. ORIA Publication ORIA-16-016 rev. 10/2016 Page 38 of 104 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Public Hearing 6A Meeting Date: November 13, 2018 Subject: Public Hearing on the Proposed 2019-2020 Prepared by: Noah Crocker Biennial Budget Finance Director Atty Routing No: N/A Atty Review Date: N/A Summary: A Public Hearing on the proposed 2019 – 2020 Biennial Budget is required on or before the first Monday of December. The hearing allows Council to hear public input, consider public comments and make any changes as indicated by the majority of the Council. Citizens and community organizations are encouraged to participate by providing the Council with their input for future infrastructure priorities, public safety enhancements, cultural and recreational opportunities, and other public services. Following citizen comments, the public hearing will be closed, and the Council may continue with its deliberations concerning the 2019 – 2020 Biennial Budget. If the Council has any additional changes, these should be conveyed to staff so that a final 2019 – 2020 Budget can be presented for adoption on November 27, 2018. Recommendation: Staff recommends opening the public hearing. Relationship to Comprehensive Plan: N/A Fiscal Impact: Process culminates in the adoption of a 2019 – 2020 Biennial Budget. Attachments: None. Page 39 of 104 This Page Intentionally Left Blank Page 40 of 104 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7A Meeting Date: November 13, 2018 Subject Adoption of a Resolution Approving a Prepared by: Mark Dorsey, P.E. Contract with Tierra Right of Way Public Works Director Services, Ltd. for the Continuation of Bay Atty Routing No: N/A Street Pedestrian Pathway Project Real Atty Review Date: N/A Estate Professional Acquisition Services Summary: In response to the 2016 Federal Single Audit, on May 4 and May 11, 2018, the City’s Public Works Department published a Request for Non-A&E Professional Services Qualifications for the continuation of the Bay Street Pedestrian Pathway Project - Real Estate Professional Acquisition Services. By the May 18, 2018 deadline, no Statements of Qualification (SOQ) were received. The City consulted with WSDOT Highway/Local Programs and were advised to 1) select a firm from the WSDOT Right of Way Consultant Roster, 2) develop a scope/budget and 3) submit a Sole Source Request to WSDOT for approval. Having followed the prescribed procedure, the City’s Public Works Department has selected Tierra Right of Way Services, Ltd. for the continuation of the Bay Street Pedestrian Pathway Project Real Estate Acquisition Services in the amount not to exceed $174,877.87. Relationship to Comprehensive Plan: Chapter 8 – Transportation (Off-Street Facilities). Recommendation: Staff recommends adoption of a Resolution, thereby approving a Contract with Tierra Right of Way Services, Ltd. for the continuation of the Bay Street Pedestrian Pathway Project – Real Estate Professional Acquisition Services in the amount not to exceed $174,877.87 and documenting the Professional Services procurement procedures. Motion for Consideration: I move to adopt a Resolution, thereby approving a Contract with Tierra Right of Way Services, Ltd. for the continuation of the Bay Street Pedestrian Pathway Project – Real Estate Professional Acquisition Services in the amount not to exceed $174,877.87 and documenting the Professional Services procurement procedures. Fiscal Impact: Funding allocated within Street Capital Projects Fund No. 304. Alternatives: N/A Attachments: Resolution and Agreement. Page 41 of 104 This Page Intentionally Left Blank Page 42 of 104 RESOLUTION NO. ___ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO C072-18 WITH TIERRA RIGHT OF WAY SERVICES, LTD. FOR THE CONTINUATION OF THE BAY STREET PEDESTRIAN PATHWAY REAL ESTATE PROFESSIONAL ACQUISITION SERVICES AND DOCUMENTING THE NON-ARCHITECTURAL & ENGINEERING SERVICES PROCUREMENT PROCEDURES. WHEREAS, on November 12, 2013, the Port Orchard City Council authorized the Mayor to execute Contract No. C088-13 with Universal Field Services, Inc, (UFS) for the Bay Street Pedestrian Pathway Project - Real Estate Acquisition Services; and WHEREAS, on September 14, 2017, as a function of the 2016 Federal Single Audit, a Procurement Procedure Finding was received by the City and as a result, UFS Contract No. C088-13 was terminated; and WHEREAS, on May 4 and May 11, 2018, the City of Port Orchard Public Works Department published a Request for Non-A&E Professional Services Qualification (RFQ) for the continuation of the Bay Street Pedestrian Pathway Project - Real Estate Services; and WHEREAS, by the May 18, 2018 deadline, the City’s Public Works Department received NO Statements of Qualification from qualified firms; and WHEREAS, on May 21, 2018, the City’s Public Works Department confirmed with WSDOT Highway & Local Programs the procurement process given that no responses to the Advertisement were received, whereby WSDOT HQ advised the City that direct contact with a qualified firm was acceptable, but that a Sole Source Request for Consultant Services must be made prior to hiring a firm; and WHEREAS, on May 22, 2018, upon review of the current WSDOT Right-of-Way Consultant Roster and solicited advice from the Kitsap County Real Estate Division, the City’s Public Works Department made contact with Tierra Right of Way Services, Ltd.; and WHEREAS, on September 13, 2018, having met previously to walk the project alignment and to develop a comprehensive project scope, the City received a Proposal from Tierra Right of Way Services, Ltd.; and WHEREAS, on September 17, 2018, having received an acceptable project scope and budget, the City’s Public Works Department submitted a Request for Sole Source Consultant Services; and WHEREAS, on October 18, 2018, WSDOT Highway & Local Programs approved the Request for Sole Source Consultant Services; and Page 43 of 104 Resolution No. ___ Page 2 of 2 WHEREAS, on October 25, 2018, Public Works Staff completed the Bidder Responsibility Checklist for Tierra Right of Way Services, Ltd.; and WHEREAS, on October 30, 2018, upon review and concurrence of the Tierra Right of Way Services, Ltd. Scope and Budget Proposal provided, WSDOT Highway and Local Programs approved the Local Agency Real Estate Professional Services Negotiated Hourly Rate Consultant Agreement; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor’s Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Port Orchard City Council approves Contract 072-18 (PW2018-023) with Tierra Right of Way Services, Ltd. for the continuation of the Bay Street Pedestrian Pathway – Real Estate Professional Services and adopts the “Whereas” statements contained herein, as findings in support of the City’s consultant selection procurement procedures. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 13th day of November 2018. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk Page 44 of 104 Page 45 of 104 Page 46 of 104 Page 47 of 104 Page 48 of 104 Page 49 of 104 Page 50 of 104 Page 51 of 104 Page 52 of 104 Page 53 of 104 Page 54 of 104 Page 55 of 104 Page 56 of 104 Page 57 of 104 Page 58 of 104 Page 59 of 104 Page 60 of 104 Page 61 of 104 Page 62 of 104 Page 63 of 104 Page 64 of 104 Page 65 of 104 Page 66 of 104 Page 67 of 104 Page 68 of 104 Page 69 of 104 Page 70 of 104 Page 71 of 104 Page 72 of 104 Page 73 of 104 Page 74 of 104 Page 75 of 104 Page 76 of 104 Page 77 of 104 Page 78 of 104 Page 79 of 104 Page 80 of 104 Page 81 of 104 Page 82 of 104 Page 83 of 104 Page 84 of 104 Page 85 of 104 Page 86 of 104 Page 87 of 104 Page 88 of 104 Page 89 of 104 This Page Intentionally Left Blank Page 90 of 104 City of Port Orchard Council Meeting Minutes Work Study Session Meeting of October 16, 2018 CALL TO ORDER AND ROLL CALL Mayor Robert Putaansuu called the meeting to order at 6:32 p.m. Roll call was taken by the City Clerk as follows: Councilmember Ashby Absent Councilmember Chang Present Councilmember Clauson Present Councilmember Cucciardi Present Mayor Pro-Tem Diener Present Councilmember Lucarelli Present Councilmember Rosapepe Present Mayor Putaansuu Present Staff present: Public Works Director Dorsey, Finance Director Crocker, Community Development Director Bond, City Attorney Cates, and Office Assistant Whisenant were also present. Pledge of Allegiance Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 1. Kitsap Economic Development Alliance Presentation Mayor Putaansuu stated this item has been removed from the agenda and will be reschedule for a future council meeting by the end of the year. Council Direction: No direction was given to staff. 2. 2019 Legislative Agenda Briahna Murphy and Trevor Justin with Gordon Thomas Honeywell provided their expectations of the 2019 Legislative Session, discussed possible ideas for the City’s 2019 Legislative agenda, outlined next steps for finalizing the legislative agenda to begin advocacy for the City. Expressed focus is on developing biennial Operating, Capital, and Transportation Budgets. Discussed policies and funding changes for mental health, increase housing options, and mandatory minimum densities where land use would have to readjust to accommodate transit stops. Page 91 of 104 Minutes of October 16, 2018 Page 2 of 4 Potential Legislative priority agenda items were listed as: • McCormick Lift Station #2 • State Investments in State Routes (emphasis on Sedgwick and Route 16 Corridor Study) • Economic Development Tools • Condominium Liability • Foster Pilot Program Public Works Director Dorsey expressed the need for public effort by contacting Legislative Representatives to support the City to move forward on State Investments in State Routes. Discussed the McCleary impacts to property tax and funds going to local districts. Briahna suggested that once election is determined, meetings will be setup with each member of delegation. Extended invitation to the Council to attend AWC City Action Days in February 2019. Trevor provided an update on the August primary results. Briahna expressed a possible Democratic wave with voter turnout, as there are four other items on the November ballot; carbon tax, gun control, use of deadly force, and preemption of local control on imposing sales tax on local groceries. Council Direction: No direction was given to staff. 3. Preliminary Biennial Budget Presentation Finance Director Crocker explained the layout of the preliminary budget book is sectioned out as Department Operations, Debt Service, Capital Projects and Equipment Rental & Revolving Funds. And summarized the handouts key points that determined the budget as; highlights of the Mayor’s budget, adjustments made, and list of identified mid-year review elements that were not funded in the budget. Mayor Putaansuu discussed his adjustments; recruitment needed for a new Police Chief, salary survey to be completed, Police Department requests an additional full-time employee (FTE) for evidence/counter staff, additional .6 employee for Public Works in park maintenance, and reorganization of front desk in Public Works which is creating a new position. Public Works Director Dorsey explained bridge management plan. Mayor explained some additional cost allocated to ADA sidewalk improvements, consultants, and stormwater repairs requiring purchase of equipment. Page 92 of 104 Minutes of October 16, 2018 Page 3 of 4 Finance Director Crocker explained that with the new developments within the city there will be additional staff time and training needed to properly operate and maintain. Also, went over the Fund Summary Table, which shows the impact of all funds and adjustments. Council Direction: No direction was given to staff. 4. Enterprise Fund Creation Presentation Finance Director Crocker gave the background on exploration of separating the water-sewer fund into multiple funds. Explained the objectives were to create transparency, financial sustainability, and capital planning. He said each enterprise fund would have its own operations, stabilization, capital constructions, and debt service funds. All funds will have the same structure throughout each summary. Next steps will be; adopt ordinance at next council meeting, adopt budget moving funds to new structure, and adopt budget with Enterprise Fund Expenditures in new fund structure. Council Direction: No direction was given to staff. 5. ER & R Transfer Presentation Finance Director Crocker explained the steps for the ER & R Transfer; adopted ordinance to create fund, adopted policies to manage the fund, and now proposing to bring forward a budget amendment to move the current cumulative Equipment Reserve to the ER & R Fund to manage fleet and replacement plan. Next steps will be; adopt budget amendments to move current cumulative Equipment Reserves to the ER & R Fund, adopt budget of rental payments, and adopt budget for capital purchases and vehicle replacements. Council Direction: No direction was given to staff. 6. Rockwell Pocket Park Final Design & Presentation of VE Options Public Works Director Dorsey explained the abbreviated version of the Rockwell Pocket Park project with the conceptual, 90% and at the 100% design options with the value engineering effort. The request is to go to ad based on the 90%, although it would be beyond current budget, and then add site furnishings later. Council Direction: Staff was directed to move forward with ad based on the 90% option. Page 93 of 104 Minutes of October 16, 2018 Page 4 of 4 OTHER ITEMS DISCUSSED: Mayor Putaansuu updated Council on the hindrance of rehanging the banner over Bay Street and said that once the sale of 640 Bay Street is completed there will no longer be an alternative location for display. Councilmember Diener asked to submit any outstanding questions regarding the proposed Plastic Bag Ban to either himself or Councilmember Ashby. Mayor stated the ban proposal will be brought to a Council meeting in December for discussion. Brief project updates were given on Bay Street Pedestrian Pathway and Tremont Street Widening. ADJOURNMENT The meeting adjourned at 7:58 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 94 of 104 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7C Meeting Date: November 13, 2018 Subject: Discussion: Lodging Tax Advisory Prepared by: Brandy Rinearson, MMC Committee’s Recommendation for the City Clerk 2019 Funding Allocation Atty Routing No.: N/A Atty Review Date: N/A Summary: On September 27, 2018, the Lodging Tax Advisory Committee heard presentations from applicants who requested funds for 2019, from the Hotel Motel Tax. On October 4, 2018, the Committee met to discuss the applications and to provide the Council with a recommendation of the allocations. On October 9, 2018, Council discussed the Committee’s recommendation of $125,000; which uses $25,000 of the fund balance/reserve. Council expressed concerns of cash flow, spending money we don’t have, allocating funds at this amount is not sustainable, and funds may not come in as anticipated. Therefore, remanded back to the Committee for them to only allocate $100,000. Should the Committee continue with the $125,000 allocation, it would be with the understanding that only $75,000 would be allocated in 2020. On October 22, 2018, the Committee met to discuss Council’s comments. The Committee didn’t want to risk the non-profits having less funds for the following year; and directed staff to reach out to them and get their input on their preference. On November 5, 2018, the Committee reconvened to discuss responses received from the applicants. At the recommendation of the non-profits, the committee reallocated the funds totally $100,000. They are as follows: 2019 Lodging Tax Applicants Request Recommendation Revised Visit Kitsap Peninsula-Tourism Marketing and Night-Life $24,000 $22,000 $16,918 Port Orchard Bay Street Association – Operation and Events $27,013 $20,000 $15,380 Port Orchard Bay Street Association – Tourism Marketing $10,925 $10,000 $7,690 Sidney Museum and Arts Association- Tourism Marketing $5,070 $5,070 $5,070 Fathoms O’ Fun Festivals-Events/Operations & Marketing $34,500 $28,000 $21,532 Kitsap Mustang Club-Mustangs on the Waterfront $2,500 $2,500 $2,500 Saints Car Club-The Cruz $2,400 $2,400 $2,400 Chamber of Commerce- Seagull Calling Festival; $30,203 $28,530 $22,010 Tourism & Visitor Marketing, and Visitor Center Operations City of Port Orchard-Summer Event Foot-Ferry Services $6,500 $6,500 $6,500 Totals: $143,111 $125,000 $100,000 Page 95 of 104 Business Item 7C Page 2 of 2 Staff is looking for direction from the Council as to, if they want to bring this item forward at the next Council meeting for adoption or bring this item to the next Council Work Study Session for further discussion. Recommendation: N/A Motion for consideration: N/A Fiscal Impact: $100,000 is the anticipated revenue to be collected in 2019. Alternatives: Reject the allocations and send back to Committee for further deliberation. Attachments: Spreadsheet of Recommended Allocations, October 22, 2018, LTAC Minutes, and November 5, 2018, LTAC Minutes. Page 96 of 104 Hotel/Motel Funding Requests & Allocations Organization/Event FY' 2019 Funds Requested Committee Recommendation 10/22/18 Committee Recommendation 11/5/18 FY' 2018 Funds Requested Funds Allocated FY' 2017 Funds Requested Funds Allocated FY' 2016 Funds Requested Funds Allocated FY' 2015 Funds Requested Funds Allocated FY’2014 Funds Requested Funds Allocated FY’2013 Funds Requested Funds Allocated Arthritis Foundation-Jingle Bell Run $0 $1,500 $814 $2,000 $2,000 $1,500 $1,000 Audubon's Great WA Birding Trail $0.00 Bremerton Historic Ships $0.00 $12,000 $0 $7,500 $500 Cedar Cove Association $0.00 $5,000 $0 $10,000 $1,000 City- Economic Development/Tourism Committee $0.00 $4,500 $0 $5,500 $1,550 City-Festival of Chimes and Lights $0.00 $12,000 $7,600 $5,500 $4,500 $15,000 $9,318 $13,500 $0 $11,000 $5,000 City-Foot Ferry Services $6,500 $6,500 $6,500 $8,000 $6,300 $9,500 $9,500 $9,000 $9,000 $11,500 $10,571 $6,500 $6,500 $7,700 $10,500 City- Police/PW OT $0.00 $14,931.63 $0 $9,300 $0 $10,000 $0 $10,000 $4,000 City - Wayfinding Signs $0.00 $20,000 $0 City- Waterfront Restrooms $0.00 Concerts by the Bay $0.00 $9,000 $7,750 $9,000 $3,500 $7,500 $6,250 Fathoms O’Fun Festival- Events/Marketing $34,500 $28,000 $21,532 $30,000 $20,814 $24,000 $22,000 $16,750 $12,000 $17,750 $15,916 $11,500 $10,000 $11,500 $7,620 Fathoms O’Fun Festival- Marketing $9,000 $6,500 Fathoms O’Fun Festival-Hydro Races $0.00 Withdrew $0 Explore Port Orchard $0.00 $21,550 $16,809 City-Media Kit N/A $5,000 $3,714 City- 125th Anniversary N/A $3,000 $2,571 City-Foot Ferry Kiosk Sign N/A $5,000 $0 N/A N/A City-Public Event Coordinator N/A $38,440 $0 Port of Bremerton - Boater Bags $0.00 $1,500 $1,250 Kitsap Harbor Festival $0.00 $4,500 $2,000 $6,500 $3,080 Kitsap Mustang Club $2,500 $2,500 $2,500 $1,500 $1,314 POBSA-Marketing/Events $27,013 $20,000 $15,380 $24,533 $13,814 $17,100 $15,100 $19,500 $11,400 $23,200 $17,200 $20,065 $8,500 $21,300 $16,460 POBSA-Events - Tourism Marketing $10,925 $10,000 $7,690 $10,533 $5,913 $0 $2,000 $5,800 $4,200 Port Orchard Chamber of Commerce - Tourism Marketing, Visitor Center Operations, Seagull Calling Festival $30,203 $28,530 $22,010 Port Orchard Chamber of Commerce-Explore Port Orchard Coalition - Tourism Marketing $18,995 $13,814 $24,515 $16,000 $23,925 $14,000 $10,350 $9,834 $15,640 $9,000 $17,216 $9,500 Port Orchard Chamber of Commerce-Seagull Calling Festival $3,200 $3,014 $2,000 $1,620 $2,000 $2,000 Port Orchard Chamber of Commerce-Visitor Center $8,463 $8,277 $11,432.61 $6,250 $7,810 $6,200 Saints Car Club ( The Cruz)$2,400 $2,400 $2,400 $2,300 $2,113 $1,850 $1,850 $1,875 $1,875 $1,918 $1,918 $2,100 $2,100 $1,970 $1,970 Sidney Museum & Arts Association-Marketing $5,070 $5,070 $5,070 $5,070 $2,813 $7,080 $5,080 $5,000 $4,400 $7,000 $6,714 $10,770 $6,000 $11,110 $5,720 Sidney Museum & Arts Association-Hwy Sign $700 $700 Visit Kitsap $24,000 $22,000 $16,918 $12,000 $12,000 $12,000 $12,000 $15,000 $6,225 $12,000 $5,685 $12,000 $12,000 $21,500 $6,600 Reserve $8,400 $0 $0 $12,000 $0 $4,400 Grand Total of Requests $143,111 $125,000 $100,000 $124,594 $90,186 $156,409 $99,000 $195,000 $83,000 $137,268 $120,000 $125,075 $64,000 $151,796 $81,000 FY' 2019 Projected Revenues: $100,000 FY's 2018 Remaining Revenues: $91,000 Page 97 of 104 Hotel/Motel Funding Requests & Allocations Organization/Event FY' 2019 Funds Requested Committee Recommendation 10/22/18 Committee Recommendation 11/5/18 FY' 2018 Funds Requested Funds Allocated FY' 2017 Funds Requested Funds Allocated FY' 2016 Funds Requested Funds Allocated FY' 2015 Funds Requested Funds Allocated FY’2014 Funds Requested Funds Allocated FY’2013 Funds Requested Funds Allocated FY'2017/2018 Projected Revenues: $190,000 (2017 Allocations- $101,000) FY'2016 Projected Revenues: $84,000 FY'2015 Projected Revenues: $76,000 FY'2014 Projected Revenues: $64,000 FY'2013 Projected Revenues: $87,000 FY’2012 Projected Revenues: $71,000 FY’2011 Projected Revenues: $71,000 FY’2010 Projected Revenues: $59,785 Page 98 of 104 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Lodging Tax Advisory Committee October 22, 2018; 5:00 p.m. at City Hall Committee members present: Chair Jay Rosapepe; Lorraine Olsen, Mrs. Howe’s Bed and Breakfast; Keith Woyshnis, Saints Car Club; Kathy Garcia, Port of Bremerton; Jack Edwards, Days Inn; and staff City Clerk Brandy Rinearson. Introductions/Roll Call - Chair Rosapepe introduced himself and so did each of the Committee members and staff. Chair Rosapepe provided a review of the Committee’s last meeting. Then shared the feedback from the Council meeting; saying the Council rejected the recommendation, primary due to funds may not come in as anticipated and spending them ahead of time. The Council asked the Committee to reconsider only allocating $100,000; however, should the Committee continue with the $125,000 allocation; then next year’s allocation will be $75,000, with a biennial budget they are looking to allocate $100,000 each year. The Council did stay that when the Committee is looking to cut or deciding what you would stay with, is to look at one-time items. Clerk Rinearson added, that another concern is they didn’t want to set a precedence that the $125,000 was sustainable and that the expectation is there will be more money each year. Chair Rosapepe added, with the fact we are not getting any more rooms; unless there is a tremendous increase in cost of the rooms, they do not anticipate the revenues coming in higher than what is being budgeted. Committee member Edwards added, during his attendance at the ED/Tourism Committee meeting he heard that too much money was given to weekend or onetime events, as their missions are to put on events, not heads into beds. Committee member Olsen shared she was able to watch the October 9, 2018, Council meeting video and that by not setting a precedence that we are underestimating our non-profits; and why not step outside the box. In listening to the Council, she was shocked to hear among the discussion that there was not a common knowledge among the Council of what the reserve meant. She questions why not show good faith to the non-profits working hard to bring these events; she feels the Council can do that but, falls into a pattern of being status quo. At that moment, she realized it is clear why it is important for the Lodging Tax Committee do what we do, and to be clear on what we do and why. She was pleased to hear that they are interested in creating a policy on the reserve funds. Clerk Rinearson explained, in response to Committee member Edwards, that the fund balance of $95,000 is just that, the balance of the account as of 1/1/2019. They expect to receive an additional revenue of $100,000 throughout 2019. In addition, fund balance helps with cash Page 99 of 104 October 22, 2018, Lodging Tax Advisory Committee Meeting Minutes Page 2 of 2 flow, in that if everyone submitted their reimbursement at the first of the year, cash would be an issue. Committee member Woyshnis said that historically the reserve, based on the sheet provided, has been at $70,000 for the last few years and using the additional $25,000 will maintain the reserve of $70,000. The extra funds could be used to help the organizations. Discussions continued around what is the extra money, a reserve or an escrow; and if those funds are truly available and just sitting in an account for use. Committee member Olsen reiterated that this is showing good faith to our non-profits. If we were to use the $25,000, that is in a reserve, and hasn’t been touched in years; it doesn’t lower the reserves lower than is has been in the last 6 or 7 years. Committee member Garcia said she appreciates the non-profits and what they are doing. It would be nice to see what they could do with the extra money and what they could bring in, but hesitates as she doesn’t want to risk them having less funds the following year. The Committee discussed when the funds could be reviewed by the Council, how the funds could be distributed if they came in higher than expected; and the possible effects on the non- profits. In addition, how the reserve built up to be so high and why weren’t funds allocated after the annual review of the account. The Committee didn’t feel comfortable making the decision to keep it at $125,000 or reduce to $100,000, without the input of the non-profits. The Committee agreed to meet again after they heard back from them. Follow Up– The Committee asked staff to reach out to the applicants and get their input as to if they would rather have more funds in 2019 and a chance of less funds in 2020, or have equal funds distributed for 2019 and 2020. There being no further business, Chair Rosapepe adjourned the meeting at 5:56 p.m. Audio- only, recording was successful. Next meeting: November 5, 2018; at 5PM c: Council/Mayor/Department Directors Page 100 of 104 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Lodging Tax Advisory Committee November 5, 2018; 5:00 p.m. at City Hall Committee Members present: Chair Jay Rosapepe; Lorraine Olsen, Mrs. Howe’s Bed and Breakfast; Keith Woyshnis, Saints Car Club; Kathy Garcia, Port of Bremerton; Jack Edwards, Days Inn; and staff City Clerk Brandy Rinearson. Chair Rosapepe recapped the previous meeting and reminded the Committee the outstanding questions asked to the non-profits their preference on the allocated amount options. Clerk Rinearson read the statements received in response to the question asking the non-profits and all preferred to keep the fund distribution consistent, meaning $100,000 allocated over the next two years. Committee member Woyshnis added, the Saints preferred the higher amount. Clerk Rinearson shared an email from Committee member Olsen asking what the City of Bremerton and Kitsap County does with their over projected/unspent funds and if the City ever specifically used the reserve. Clerk Rinearson said, in reviewing the City’s files she found a few times the Council did open the funds mid-year. Those times being for a marketing director in 2011, acceptance of the Saints Car Club application in 2013, and other applicants in 2000 and 2001. In addition, found a memo from the previous Treasurer defining what “surplus” funds meant. Kitsap County said they do have a little reserve, but they try not to keep any funds and include them in the next year’s allocation. They did share that they also charge their staff time to the account. Chair Rosapepe shared that in speaking with the Mayor, and some councilmembers, they agree that a policy needs to be in place and they would open the discussion for funds to be reviewed during mid- year. The Committee continued the discussion on the reserve amount, what it means, and how it would affect the non-profits if we kept the $125,000 allocation recommendation. In looking at the allocations, the Committee considered reducing or removing the foot-ferry. Asking; if this what the businesses are wanting, are the ridership counts consistent, what happens if lodging tax funds are not allocated, where would the funds come from, and could we increase the fares to help offset the costs? The Committee rated the applicants from 1-most likely to 3-not likely to put people in “heads in beds”, rating Visit Kitsap at a 1; Sidney Museum and foot-ferry at a 3; and all others rated a 2. Committee member Olsen arrived at the meeting. Committee member Olsen reminded the Committee that Visit Kitsap and the Chamber have bigger budgets and more resources. And know they have big plans for next year, but maybe financially this is not the year. Committee member Edwards added that based on it is Visit Kitsap’s only job to put “heads Page 101 of 104 November 5, 2018, Lodging Tax Advisory Committee Page 2 of 2 in beds” he fully supports them and reminded the Committee that the Council asked to look at who is putting “heads in beds”. Committee member Olsen responded that there hasn’t been any scientific evidence that supports any applicant is putting “heads in beds”. Some made the point that events do put us on the map, get people here, and possibly stay in the hotels. They also looked at what the applicants asked for in 2018 and what they were allocated. In readdressing the fund allocations for the foot-ferry, some felt the service should be funded by the government. Others felt it is used by some hotels and is getting people to Port Orchard for events. What tends to be missing, on if it is successful or not, is the data on the ridership because the schedules tend to be inconsistent from year-to-year. The Committee looked at the allocation as if they took the applicants ask and reduce by 23% to see were the allocations lay; with keeping the four smaller asks (Sidney, foot-ferry, Saints, and Mustang Club) at fully funded. In looking at the funding allocations, from last year to this year, the Chamber was the only one that still receives more than last year. Motion: Committee member Olsen made the motion and Committee member Woyshnis second the motion to accept the allocation as discussed. Upon vote, the motion failed as 2 in support and 2 in opposition. Committee members Garcia and Edwards were in opposition. Then they looked at what the numbers would be if all the applicants were reduced by 20%. In looking at the reduction across the board, it impacts the smaller asks more than the larger asks. And more asks are receiving less than last year. The consensus of the Committee was to allocation the following for 2019: 2019 Lodging Tax Applicants Request Recommendation Revised Visit Kitsap Peninsula-Tourism Marketing and Night-Life $24,000 $22,000 $16,918 Port Orchard Bay Street Association – Operation and Events $27,013 $20,000 $15,380 Port Orchard Bay Street Association – Tourism Marketing $10,925 $10,000 $7,690 Sidney Museum and Arts Association- Tourism Marketing $5,070 $5,070 $5,070 Fathoms O’ Fun Festivals-Events/Operations & Marketing $34,500 $28,000 $21,532 Kitsap Mustang Club-Mustangs on the Waterfront $2,500 $2,500 $2,500 Saints Car Club-The Cruz $2,400 $2,400 $2,400 Chamber of Commerce- Seagull Calling Festival; $30,203 $28,530 $22,010 Tourism & Visitor Marketing, and Visitor Center Operations City of Port Orchard-Summer Event Foot-Ferry Services $6,500 $6,500 $6,500 Totals: $143,111 $125,000 $100,000 There being no further business, Chair Rosapepe adjourned the meeting at 6:06 p.m. Audio-only, recording was successful. Next meeting: TBD cc: Council/Mayor/Committee Members Page 102 of 104 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7D Meeting Date: November 13, 2018 Subject: Discussion: Updating the “Destination Prepared by: Brandy Rinearson, MMC Port Orchard” Video City Clerk Atty Routing No.: N/A Atty Review Date: N/A Summary: At the June 11, 2018, Economic Development/Tourism Committee meeting, it was mentioned that the “Destination Port Orchard” video is outdated and should be updated. At the September 10, 2018, Economic Development/Tourism Committee meeting, the video was reviewed, and the Committee agreed that it needed to be updated. The committee asked the Mayor to bring a contract to Council in October for a consultant to prepare these revisions. The Mayor reached out to a video creator for a quote. That quote was provided to the Council at the October 9, 2018, Council meeting. Council directed the Mayor to reach out and seek information about creating a video which would include tourism, visitors, and economic opportunities; and seek other quotes. At the November 7, 2018, Economic Development/Tourism Committee meeting, three quotes were presented along with video samples of each of the consultants’ work. The bids are as follows: Hal Calbom $9,500 (not including tax) North Woods Productions $9,917.50 (not including tax) EVi Productions $5,975 (not including tax) In reviewing the quotes and videos, the committee felt that each of the consultants’ work were equally good. They didn’t feel that they could justify moving forward with the higher quotes, therefore, the committee recommend proceeding with the lowest bid. Recommendation: The Economic Development/Tourism Committee recommends City staff to move forward with a contract for EVi Productions services. Motion for consideration: I move to authorize the Mayor to enter into a contract with EVi Productions to produce videos promoting the City of Port Orchard. Fiscal Impact: $5,000 is allocated in the 2017/2018 Biennial budget, and $3,000 is projected to be allocated in the 2019/2020 Biennial Budget. Alternatives: Reject the bids and provide staff with further direction. Attachments: None. Page 103 of 104 This Page Intentionally Left Blank Page 104 of 104