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05/08/2012 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of May 8, 2012 1. CALL TO ORDER AND ROLL CALL Mayor Tim Matthes called the meeting to order at 7:00p.m. Mayor Pro-Tem Jerry Childs and Councilmembers Fred Chang, Jim Colebank, Cindy Lucarelli, Rob Putaansuu, Carolyn Powers and John Clauson were present and constituted a quorum. Public Works Director Dorsey, City Treasurer Martin, City Clerk Rinearson, City Attorney Jacoby, Police Commander Marti and Office Assistant II Dennison were also present. A. Pledge of Allegiance Police Commander Geoff Marti led the audience and Council m the Pledge of Allegiance. 2. CITIZENS COMMENT Teresa Osinski, Executive Vice President of the Home Builders Association (HBA) of Kitsap County, thanked the Council for their hard work, and encouraged them to contact her, or her executive committee board, with any questions or concerns that they think the HBA could guide or give assistance with. 3· APPROVAL OF AGENDA The following items were removed from the Consent Agenda and placed under Business Items: • Approval of Public Event Applications: Waterfront Art-Walk -Jingle Bell Run • Approval of Supplement Agreement No. 5 to Contract No. 071-09, N.L. Olson & Associates Inc., for the Bay Street Pedestrian Pathway Project; • Approval of Contract No. 034-12, Authorizing the Mayor to Execute an Agreement with Utility Services Associates, LLC for the 2012 Annual Water Mains Leak Detection; and • Approval of Contract No. 035-12, Authorizing the Mayor to Execute an Agreement with M & F Construction for Fabricating and Erecting a Metal Building for Public Works. Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion approving the Agenda, as amended. Upon vote, the motion passed unanimously. 4· APPROVAL OF CONSENT AGENDA Minutes of May 8, 2012 Page 2 of5 A. Approval of Claim Warrants Nos. 57515 through 57616 in the amount of $388,719.28; April's Payroll Warrant Nos. 144474 through 144527 in the amount of $520,633.25; and Treasurer's check book in the amount of $1,677,467.12 B. Approval of the April17, 2012, Work Study Session Meeting Minutes C. Approval of the April 24, 2012, Council Meeting Minutes D. Setting Meeting Date for Work Study Session to May 15, 2012, at 7:00p.m. at City Hall E. Approval of Publie E•;ent Applieations: "\Vaterfront 2'\rt "\'\Talk Jingle Bell Run F. } .. pproval of Supplement 2'\greement No. 5 to Contract No. 071 09, N.L. Olson & Associates Ine., for the Bay Street Pedestrian Pathway Project; G. l..pproval of Contraet No. 034 12:, Authorizing the Mayor to Execute an l..greement ·Nith Utility Services Associates, LLC for the 2:012: }..nnual V/ater Mains Leak Detection; and H. l\pproval of Contract No. 035 12:, Authorizing the Mayor to Execute an Agreement ·Nith M & F Construction for Fabricating and Erecting a Metal Building for Publie Vlorks. Councilmember Clauson MOVED and Councilmember Childs seconded the motion approving the Consent Agenda, as amended. Upon vote, the motion passed unanimously. 5· PRESENTATION A. Citizens Certificate of Merit Police Commander Marti presented a Certificate of Merit to Kathryn Bohannan, Heather Londo, Cory Cedar, and Kurt Bezoenik thanking them for their honorary actions during a recent graphic altercation on Bay Street and Bethel Avenue. In addition, Police Commander Marti recognized Reserve Police Officer Marum Scott for her experience she has brought and appreciates her dedication to the department. 6. PUBLIC HEARING There were no Public Hearings held. 7· BUSINESS ITEMS A. Approval of Public Event Applications: Waterfront Art-Walk and the Jingle Bell Run Minutes of May 8, 2012 Page 3 of 5 In response to Councilmember Clauson, Public Works Director Dorsey updated the Council stating the logistics of the Jingle Bell Run has been finalized and all parties needs have been addressed. Councilmember Clauson MOVED and Councilmember Childs seconded the motion approving the public event applications for the Waterfront Art-Walk and the Jingle Bell Run. Upon vote, the motion passed unanimously. B. Approval of Supplement Agreement No. 5 to Contract No. 071-09, N.L. Olson & Associates Inc., for the Bay Street Pedestrian Pathway Project Councilmember Putaansuu explained although the City has received some State funds for commencing the work and it was discussed at the Finance Committee; it was not a budgeted item and felt it should be discussed with the full Council. In addition, Public Works Director explained after meeting with the State regarding use and availability of funding, it was suggested the project should have something built by the end of the year. This would increase our chances of receiving additional funding from the State for future phases of the project. At 7:22 p.m. Councilmember Lucarelli recused herself from the meeting declaring a conflict of interest. Councilmember Putaansuu MOVED and Councilmember Clauson seconded the motion to authorize the Mayor to execute supplement agreement No. 5 to Contract No. 071-09, N.L. Olson & Associates, Inc. for the Bay Street Pedestrian Enhancement Pathway Project, thereby extending the completion date from June 30, 2012, to December 31, 2012, and adding $22,663 to ensure continuity during the entirety of the remainder of the project. Upon vote, the motion passed unanimously. Councilmember Lucarelli was recused. At 7:24 p.m. Councilmember Lucarelli returned to the meeting. C. Approval of Contract No. 034-12, Authorizing the Mayor to Execute an Agreement with Utility Services Associates, LLC for the 2012 Annual Water Mains Leak Detection In response to Councilmember Clauson, Public Works Director Dorsey stated that because of the water system, the City is required every year to capture the differential between what the City produces and what the City sells. The City will then report if there is any water loss. Councilmember Chang MOVED and Councilmember Childs seconded the motion to approve contract No. 034-12, authorizing the Mayor a contract with Utility Services Associates, LLC for the 2012 Annual Water Mains Leak Detection ordinary maintenance contract in an amount of $11,459.04 with the Minutes of May 8, 2012 Page4of 5 contract term beginning May 9, 2012, and ending November 15, 2012. Upon vote, the motion passed unanimously. D. Approval of Contract No. 035-12, Authorizing the Mayor to Execute an Agreement with M & F Construction for Fabricating and Erecting a Metal Building for Public Works In response to Councilmember Chang, Public Works Director stated that every year, Public Works will advertise for companies to add their information to the Work Roster list; and as projects come up, he will contact the companies for which the project is relating to and see if they would like to put in a bid. Not all companies will be interested in receiving the bid documents nor are they required to submit a bid; as there may be a workload issue or the company is unable to do the project at that time. Councilmember Chang MOVED and Councilmember Lucarelli seconded the motion to approve contract No. 035-12, authorizing the Mayor to execute an agreement with M & F Construction for the fabricating and erecting of the public works shop metal building carport, in an amount not to exceed $65,703.00, with the contract term beginning May 9, 2012, and ending November 15, 2012. Upon vote, the motion passed unanimously. 8. COMMITTEE REPORTS Councilmember Clauson reported the Finance Committee recommends delegating $so,ooo to the City's paving projects and to extend the City's lobbyist contract for an additional six months, with an option to renew for one year. Councilmember Childs reported the Economic Development and Tourism Committee meeting will be held on Wednesday, May 9, 2012, at 3:30p.m. at City Hall; and announced he met with the Morning Rotary Group, who expressed an interest in working on a possible partnership to develop City signs. Councilmember Lucarelli reported the South Kitsap High School marching band will be performing at the Festival of Chimes and Lights. Councilmember Putaansuu reported the Utility Committee meeting will be held on Friday, May 11, 2012, 7:30 p.m. at the Family Pancake House; and the Sewer Advisory Committee meeting will be held on Wednesday, May 16, 2012, 6:30p.m. at City Hall. Councilmember Powers reported the Public Property Committee met on Tuesday, May 8, 2012, with discussions that included; the McCormick Village Park; playground equipment at the Givens Active Club; private property set backs; date for Central Park opening ceremony; updates on pathways; metal building for public works; downtown bike racks; exploring the idea of a free shredding day for citizens; and using volunteers for City projects. The next Public Property Committee meeting will be held on Tuesday, June 12, Minutes of May 8, 2012 Pages of 5 2012 and the Kitsap Regional Coordinating Council Transportation Policy Committee and the Puget Sound Regional Coordinating Council Transportation Policy Committee will meet on Thursday, May 10, 2012. In response to Councilmember Powers, Councilmember Clauson reported Kitsap Transit does not have any bike racks available for the Public Properties Committee. 9· MAYOR'S REPORT Mayor Matthes shared a card he received from the citizens on Harrison and Taylor Streets, thanking him and the public works staff for their services. 10. REPORT OF DEPARTMENT DIRECTORS Public Works Director Dorsey reported the bid for the library roof project is proposed to be before the Council on June 12, 2012 and the Sedgwick paving project is currently $34,000 over budget, which includes all the work up to date; however the City saved $29, 265 on the South Kitsap Boulevard paving project. City Attorney Jacoby reported there will be a 15-minute Executive Session to discuss potential litigation; following the adjournment of the City Council meeting there will be a separate meeting to discuss union negotiation; and should a Councilmember be interested in sponsoring a Resolution regarding Citizens United he is available to help draft the resolution. City Clerk Rinearson announced that Rhiannon Fernandez, the new Deputy City Clerk, will begin work on Monday, May 14, 2012. 11. CITIZENS COMMENTS There were no citizen comments. 12. EXECUTIVE SESSION At 8:11 p.m., Mayor Matthes recessed the meeting for a 20-minute Executive Session regarding potential litigation in accordance with RCW 42.30.110(b). City Attorney Jacoby was invited to attend; and the Mayor announced that no action would be taken as a result of the Executive Session. 13. ADJOURNMENT