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08/09/2004 - Regular - MinutesPRESENT: KIM E. ABEL, MAYOR COUNCILMEMBERS: John Clauson Todd Cramer (Absent) Robert Geiger Rita Dilenno Carolyn Powers Ron Rider City of Port Orchard Council Meeting Minutes Regular Meeting of August 9, 2004 Rick Wyatt, Mayor Protem ALSO PRESENT: City Clerk Etgen, Police Chief Townsend, and City Attorney Combs. 6:30 P.M. CALL TO ORDER Mr. Goss led the audience and Council in the Pledge of Allegiance. APPROVAL OF AGENDA Mayor Abel reported that the agenda item regarding the presentation regarding the law enforcement sales tax initiative has been postponed to the meeting of August 23'ct; the public hearing on the view exemption was cancelled by the applicant, and the two remaining public hearings were renoticed to different hearing dates. Consent Agenda Item No. A (Minutes of the June 28, 2004 City Council Meeting), No. B (Minutes of the July 26, 2004 City Council Meeting), and No. E (Approval of the City Hall Janitorial Services Contract Extension) were all moved to Business. Council Member Dilenno moved and Council Member Rider seconded a motion to approve the agenda as modified. Motion carried. Council Member Dilenno moved and Council Member Rider seconded a motion to go into executive session to discuss potential litigation matters before moving into the public meeting. Motion carried. COUNCIL MEMBER ABSENCE Council Member Wyatt moved and Council Member Rider seconded a motion to excuse Council Member Cramer. Motion carried. Minutes of August 9, 2004 Page 2 of 6 AUDIENCE COMMENTS FOR ITEMS NOT LISTED ON AGENDA Patrick Lukas, citizen, referring to page 13 of the Comprehensive Plan, asked what the City's intentions were in regard to installing street lighting at Flower Meadows. Mr. Lukas referred to the same page of the Comprehensive Plan and asked about the programs the City has developed to improve the quality of housing units, along with questioning if the City has sought funding for renovation of run-down housing, and how residents would apply for such funding. He stated he was aware of City residents who could use such funding to repair their roofs. Jake Holloway, citizen, stated he would be interested in working on the restoration of the historic schedule of the Horluck ferry. Dennis Goss, citizen, addressed Council regarding his concern for the lack of youth activities in the City of Port Orchard. EXECUTIVE SESSION The Council went into executive session at 6:44 p.m. to discuss potential litigation and came back into regular session at 6:53 p.m. PUBLIC MEETING TO HEAR TESTIMONY REGARDING HARBORSIDE BAR & GRILL LIOUOR LICENSE Upon the advice of City Attorney Combs, Council Member Rider excused himself from this public meeting due to a potential conflict of interest. City Attorney Combs clarified that the Council had no authority to take action regarding the award of a liquor license to the Harborside Bar and Grill; he stated the proper venue for this matter is with the Washington State Liquor Control Board. He advised Council they did have the ability to take public input about the matter, but could take no follow up action. Mayor Abel gave a description of the events leading up to this public meeting, stating that the Liquor Control Board had contacted her and reported they were going to pull the provisional permit for the Harborside. A written request was made of the Liquor Control Board to extend the provisional license in order to have time to work with the Harborside. After three weeks of working with Mr. Hlinka, owner of the Harborside, and with continuing public disturbance reports to the Police Department by the public, the Mayor sent a letter to the Liquor Control Board opposing the granting of a liquor license to the Harborside. Minutes of August 9, 2004 Page 3 of 6 Scott Hlinka, owner of the Harborside, turned in a petition he stated was signed by 600 people asking that the liquor license be granted. Ryan Cooper, Raymond Miller, Larry Jones, Michael Gonzales, Michaela Hafner, Jeff Hailey, David Jaeger, Richard Kirkpatrick, Robert Blanton, Jenny Doig and Dennis Goss, Kitsap County residents, all testified that they supported the granting of a liquor license for the Harborside Bar and Grill. Carol Nelson, Tina Crouch, Fred Chang, Larry Nelson, Gary Campbell, Dianna McConnaghy, Port Orchard residents, all testified against the granting of a liquor license to the Harborside Bar and Grill, citing the problems they had witnessed resulting from the business and its patrons. A recess was taken at 7:34p.m. Council reconvened into regular session at 7:45 p.m. CONSENT AGENDA Councilmember Dilenno moved and Councilmember Wyatt seconded a motion approving the Consent Agenda as modified. Motion carried. A. P4iAutes ef the JuAe 28, 2004 City CeuAcil P4eetiAg -Moved to Business B. P4iAutes ef the Jul·t 26, 2004 City CeuAcil P4eetiAg -Moved to Business c. Approval of Claim Warrants #41736-41813 in the amount of $239,044.97 and July Payroll, warrant #138357-138460 and Direct Deposit amount $456,731.36 D. Approval of the Police Officers Collective Bargaining Agreement E. Ap13reval ef the City llall JaAiterial Services CeAtract ExteAsieA -Moved to Business F. Adoption of Resolution No. 2083 -Designation of a Shoreline Administrator G. Authorization for Mayor to Sign Interlocal Agreement for Building Official Services BUSINESS ITEMS Acceptance of the Bilateral Compliance Agreement to Prepare the Water System Plan Council Member Geiger moved and Council Member Wyatt seconded a motion to approve the Bilateral Compliance Agreement to Prepare the Water System Plan. Motion carried. Authorization for Mayor to Sign the Renewal Interlocal to Form Consortium Under the National Affordable Housing Act Council Member Geiger moved and Council Member Wyatt seconded a motion to authorize the Mayor to sign the renewal of the Interlocal to form a consortium under the Affordable Housing Act. Motion carried. Minutes of August 9, 2004 Page 4 of 6 Authorization for the Mayor to Sign Contract for Interim Public Works Director/City Engineer Council Member Diienno moved and Council Member Wyatt seconded a motion to authorize the Mayor to sign a contract with an employment firm to provide an Interim Public Works Director for an amount not to exceed the equivalent of 173 hours per month at $60.00 per hour. Motion carried. Authorization for Mayor to Sign Contract with RH2 for Construction Administration of Phase 2 Expansion of the Wastewater Treatment Facility (Continued from Meeting of July 26, 2004) Motion from Council Meeting of July 26, 2004-continued to this meeting: Council Member Cramer moved and Council Member Dilenno seconded a motion to deny authorization for the Mayor to sign a contract with RH2 for the construction administration of Phase 2 of the expansion of the Wastewater Treatment Facility. Dick Warren of Prothman Company stated he had reviewed the contract as proposed by RH2 to see if it met industry standards in the tasks and associated costs. He noted that with the bids for Phase II scheduled to be opened next week, that hiring the City's own staff would require cancellation of the bid opening. He stated a review of the contract showed the City does have control over the contract with the range of work to be performed, and that it may be best to determine a dollar cost not to be exceeded in keeping with the general contract. In meeting with the consultant and Larry Curies, it appeared there were no major problems with the contract, and if managed correctly there could be some savings. Mr. Warren stated the City should have a manager overseeing the consultant to ensure record keeping is performed properly and invoices are checked regularly. He stated it would take time to find the people with the skill to perform the work the consultant was proposing to perform, and that there was a possibility some savings could occur, but that if the new Public Works Director could find time to oversee the project, that would have the biggest impact on the amount of dollars saved. He estimated it would take at least 90 days to put a staff into place, and even then the quality of the staff would not be guaranteed. Mr. Warren expressed his opinion that going to another consultant would simply create more delays and that it would take someone extremely familiar with building this type of facility to save any money, if even possible. Another possibility, Mr. Warren stated, was to authorize the contract with a lower limit and have the City Attorney take the lead with in-house staff to manage the project and Minutes of August 9, 2004 Page 5 of 6 consultants. This would have to be performed quickly, however, he stated, noting that contractors love delays, because it means more money for them. A recess was taken at 8:19p.m. Council reconvened into regular session at 8:27p.m. Upon vote, motion failed with Council Member Wyatt casting the only affirmative vote. Council Member Wyatt moved and Council Member Diienno seconded a motion to authorize the Mayor to sign a contract with RH2 not to exceed $400,000, and when the contract expenditures reach $300,000, the contract is to be brought back to Council for review. Motion carried. Council Member Geiger moved and Council Member Clauson seconded a motion to authorize the payment of invoices associated with Amendment 15 for those tasks already performed, subject to the review by and approval of the City Attorney. Motion carried. Approval of Salarv for Newly Created Director of Planning Position Council Member Geiger moved and Council Member Wyatt seconded a motion to approve the salary range for the newly created position of Director of Planning as $55,000 to $75,000 on an annual basis. Motion carried. Discussion Regarding Role of Council and the Mayor While Working with Other Governmental Entities Council Member Dilenno expressed her desire for Council to look at how Council Members and the Mayor represent Port Orchard when sitting on other boards and commissions, such as the KRCC. She stated encouraged Council Members and the Mayor to ensure items were brought to Council in a timely manner to allow for adequate discussion. Minutes of the June 28. 2004 City Council Meeting and Minutes of the July 26. 2004 City Council Meeting The minutes of June 28th and July 26th will be presented to Council for approval at the meeting of August 23, 2004, in order for the Clerk to redline proposed changes. Authorize the Mayor to Sign the Contract Extension with E&J Janitorial Service Council Member Powers moved and Council Member Geiger seconded a motion to authorize the Mayor to Sign the Contract Extension with E&J Minutes of August 9, 2004 Page 6 of 6 Janitorial Service subject to proof of the firm's compliance with legal requirements for payment of prevailing wages to their employees being provided to the City. Motion carried. COUNCILIMAYOR & STAFF REPORT Council Member Diienno reported on progress with the Port Orchard Revitalization Team (PORT) and that the City might be eligible for some federal tax incentive programs. She also noted that local banks had dedicated funds for building owners at reduced interest rates. Chief Townsend reported that the Sheriff would be discussing the proposed sales tax initiative at the Silverdale substation on August 11, 2004 at 2:00 p.m. City Clerk Etgen reported that the Planning Director interviews were scheduled for the 1ih of August, with four candidates to be interviewed. The following committee meetings were set during the Council meeting: Finance, Insurance & Negotiations-September 1, 2004-7:30 a.m. -City Hall Sewer Advisory Committee-August 17, 2004-Karcher Creek-6:00p.m. Public Property Committee-August 11, 2004, 7:30 a.m. -JA Michaels Meeting Continuation Past Adjournment Time Council Member Wyatt moved and Council Member Rider seconded a motion to extend the Council meeting for an additional 10 minutes past the 9:30 p.m. adjournment time. Motion carried with Council Members Geiger and Clauson casting the two dissenting votes. EXECUTIVE SESSION The Council went into executive session at 9:20 p.m. to discuss bargaining unit negotiations, reconvening into regular session at 9:45 p.m. ADJOURNMENT At 9:45 p.m. Mayor Abel adjourned the meeting. Kim E. Abel, Mayor