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10/27/2009 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of October 27, 2009 1. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7: oo p.m. Councilmembers Mayor Pro-Tern Carolyn Powers, Fred Chang, Jerry Childs, John Clauson, Jim Colebank, Fred Olin, and Rob Putaansuu were present and constituted a quorum. Public Works Director Dorsey, Assistant City Engineer Archer, City Clerk Kirkpatrick, Deputy Clerk Rinearson, Development Director Weaver, City Treasurer Martin, Assistant City Attorney Luxenberg, and City Attorney Jacoby were also present. A. Pledge of Allegiance Brian Petro led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Jesus Monteria and Wayne Patterson voiced their concerns with the newly installed ''no parking on street" signs placed along the north 350' of Advantage Avenue, which arc located in their front their neighborhood. Both had spoken with staff regarding this issue and were advised to bring forward to the Council for their consideration. The Mayor advised that he would meet with both gentlemen as well as staff next week to find a solution to the problem. Nicolai Vaught voiced her concerns with water sediment problems in her neighborhood; and urged the Council to reconsider its decision regarding roundabouts in a residential neighborhood. Diane Hubert urged the Council to keep safety of pedestrians in mind as they widen Tremont Boulevard. 3. APPROVALOFAGENDA The following items were moved from Consent to Business Items: • Approval of Public Event Application: Festival of Chimes and Lights • Adoption of Resolution No. 099-09, Authorizing the Mayor to Execute a Contract to Provide Sound System during the Festival of Chimes and Lights with Gordon Sound Production The follm,fog items were moved to the start of Business Items: • Adoption of Resolution No. 106-09, Authorizing the Mayor to Execute a Collective Bargaining Agreement with Teamsters Local No. 589 for Public Works Employees • Adoption of Resolution No. 107-09, Authorizing the Mayor to Execute a Collective Bargaining Agreement with Teamsters Local No. 589 for Municipal Court Employees The following items were removed from the Agenda: • Adoption of Resolution No. 100-09, Extending Interim Zoning and Comprehensive Designations for 2009 Annexations Minutes of,October 27, 2009 Pa e 2 of 8 • Adoption of Resolution No. 108-09, Authorizing the Mayor to Execute a Collective Bargaining Agreement with Teamsters Local No. 589 for Police Support Staff Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion approving the Agenda as amended. Upon vote, the motion passed unanimously. 4. APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 52493 through 52563 in the amount of $74,859.83 B. Approval of the October 6, 2009, Special Work Study Session Minutes C. Approval of the October 13, 2009, Council Meeting Minutes D. Approval of the October 13, 2009, Special Work Study Session Minutes E. Setting Meeting for Work Study Session to November 17, 2009, at 7:00 p.m. at City Hall F. Af)prsval of Publie Evettt ,<\pplieatiott: Festival of Chimes attd Lights G. Adoptiott of ResolutioH No. O<:)<:J O<:), Authorizittg tbe Mayor to E](eeute a Cotttraet to Provide Souttd System darittg the Festival of Chimes attd Lights ,,vith Cordott 8ot1Hd Prodaetion Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion approving the Consent Agenda as amended. Upon vote, the motion passed unanimously. 5. PRESENTATION A. Employee of the Fourth Quarter Mayor Coppola announced that Deputy Clerk Brandy Rinearson was the Employee of the Fourth Quarter, noting her positive attitude and willingness to take on new challenges make her an exemplary employee. B. Update: Ferry Service Review and Concerns -Representative Seaquist Representative Seaquist spoke to the struggling ferry systems, noting the gas tax receipts continue to decline, which affects paying for roads and ferries. The legislators plan to take review the entire transportation strategy of the state including roads, ferry, transit services, and how to fund the necessary and needed improvements whether it is through tolls, bonds, etc. He stressed how important ferries were to the community as a whole and that all communities needed to work together to find ways to pay for continuing services. 6. PUBLIC HEARING A. Anticipated 2010 City Budget Revenue Sources City Treasurer Martin reviewed the statutory property tax levy rates and how the rates have decreased with the one percent levy limit. The City's 2010 levy rate is approximately $2.1551. City Treasurer Martin explained that the amount of property tax Cities with a population over 10,000 can collect is limited by law to an annual increase of one-percent or the rate of inflation, whichever is less. This year the negative rate of inflation is the limiting factor, which is 0.848%, which would Minutes of October 27, 2009 Pa e 2 of 8 • Adoption of Resolution No. 108-09, Authorizing the Mayor to Execute a Collective Bargaining Agreement with Teamsters Local No. 589 for Police Support Staff Councilmember Clauson MOVED and Councilmembcr Putaansuu seconded the motion approving the Agenda as amended. Upon vote, the motion passed unanimously. 4. APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants, Payroll & Treasurer's check book B. Approval of the October 6, 2009, Special Work Study Session Minutes C. Approval of the October 13, 2009, Council Meeting Minutes D. Approval of the October 13, 2009, Special Work Study Session Minutes E. Setting Meeting for Work Study Session to November 17, 2009, at 7:00 p.m. at City Hall F. Approval of Publie Eveflt-Applieation: Festival of Chimes and Lights G. Adoption of Resohtion No. 099 09, Authorizing the Mayor to Exeeate-n-C-fHttffiet to Provide Sound 81·stem daring the Festival of Chimes and Lights with Gordon 80und--Produetiett Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion approving the Consent Agenda as amended. Upon vote, the motion passed unaniniously. 5. PRESENTATION A. Employee of the Fourth Quarter Mayor Coppola announced that Deputy Clerk Brandy Rinearson was the Employee of the Fourth Quarter, noting her positive attitude and willingness to take on new challenges make her an exemplary employee. B. Update: Ferry Service Review and Concerns -Representative Seaquist Representative Seaquist spoke to the struggling ferry systems, noting the gas tax receipts continue to decline, which affects paying for roads and ferries. The legislators plan to take review the entire transportation strategy of the state including roads, ferry, transit services, and how to fund the necessary and needed improvements whether it is through tolls, bonds, etc. He stressed how important ferries were to the commnnity as a whole and that all communities needed to work together to find ways to pay for continuing services. 6. PUBLIC HEARING A. Anticipated 2010 City Budget Revenue Sources City Treasurer Martin reviewed the statutory property tax levy rates and how the rates have decreased with the one percent levy limit. The City's 2010 levy rate is approximately $2.1551. City Treasurer Martin explained that the amount of property tax Cities with a population over 10,000 can collect is limited by law to an annual increase of one-percent or the rate of inflation, whichever is less. This year the negative rate of inflation is the limiting factor, which is 0.848%, which would Minutes of October 27, 2009 Pa e of 8 normally mean that property taxes would not increase. However, the City may pass an ordinance declaring a Substantial Need for a one-percent increase. A substantial need ordinance will be brought forward for Council consideration at the November 10th meeting. The current economic conditions warrant the declaration of substantial need in order to maintain City services at their current levels. City Treasurer Martin provided an overview of current expense and street budgets and sales tax collection through September 2009. Other revenue sources included licenses and permits, state- shared revenues such as grants and boat registration fees; charges for services such as land-use, plan review, court probation and law enforcement services; fines and forfeits and miscellaneous fees such as interest and earnings and parking fees. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:09 p.m. 7. EXECUTIVE SESSION At 8:35 p.m. Mayor Coppola recessed the meeting for a ten-minute executive session regarding personnel matters: collective bargaining agreements, in accordance with RCW 42.30.110(1)(a). City Attorney Jacoby and Public Works Director Dorsey were invited to attend and the Mayor announced that action would be taken as a result of the executive session. At 8:45 p.m. Mayor Coppola reconvened the meeting. 8. BUSINESS ITEMS A. Adoption of Resolution No. 106-09, Authorizing the Mayor to Execute a Collective Bargaining Agreen1ent with Teamsters Local No. 589 for Puhlie Works Employees Assistant City Attorney Luxenberg reported that the City's Public Works Employees and the Teamsters Local 589 have reached an agreement and recommended the Council adopt Resolution No. 106-09. Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to adopt Resolution No. 106-09, authorizing the Mayor to execute-a Collective Bargaining Agreement with Teamsters Local 589 for Public Works Employees. Upon vote, the motion passed unanimously. B. Adoption of Resolution No. 107-09, Authorizing the Mayor to Execute a Collective Bargaining Agreement with Teamsters Local No. 589 for Municipal Court Employees Assistant City Attorney Luxenberg reported that the City's Public Works Employees and the Teamsters Local 589 have reached an agreement and recommended the Council adopt Resolution No. 106-09. Minutes of October 27, 2009 Pa e of 8 Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to adopt Resolution No. 107-09, authorizing the Mayor to execute a Collective Bargaining Agreement with Teamsters Local 589 for Municipal Court Employees. Upon vote, the motion passed unanimously. C. Adoption of Resolution No. 098-09, Authorizing the Mayor to Execute a Contract for City Hall, Library, Public Works Shop, and Active Club Janitor Services with ABM Janitorial At the October 13, 2009, meeting, staff was directed to contact Susan Perry, Representative for ABM Janitorial, about extending the 2009 contract from October 31, 2009 to December 31, 2009, at the current contract monthly price. Ms. Perry has agreed to extend the 2009 contract as outlined above and to start the new contract effective January 1, 2010 and expiring December 31, 2010. This will allow the Council adequate time to incorporate any funding increases into future annual budgets. Staff recommends the Council postpone the adoption of Resolution No. 098-09, authorizing the Mayor to execute a contract with ABM Janitorial to the December 8, 2009, meeting. Councilmcmbcr Powers MOVED and Councilmember Colebank seconded the motion to postpone Resolution No. 098-09, authorizing the Mayor to execute a contract for Janitorial Services with ABM Janitorial Services to the December 8, 2009, City Council meeting. Upon vote, the motion passed unanimously. D. Adoption of Resolution No. 101-09, Authorizing the Mayor to Execute a Contract for the Mosquito Fleet Trail Bay Street Enhance1nent Project ·with N.L. Olson & Associates, Inc. On August 21, 2009, the City of Port Orchard Public Works Department issued the Request for Proposal (RFP) for the Bay Street Pedestrian Enhancement Project STPE-0166 (008) Plans, Specifications & Estimate (PS&E) and Permitting. On September 17, 2009, the Public Works Department held interviews with three (3) consulting firms which had submitted Requests for Proposals (RFP's). The firms interviewed were HDR Engineering, Inc., KPFF Consulting Engineers, and N.L. Olson & Associates, Inc. The contract is for plans, specifications, cost estimate, and environmental permitting of a one-mile segment of pedestrian path adjacent to Sinclair Inlet. The Interview Committee ranked the three firms based on qualifications from both the RFP and interviews and selected N.L. Olson & Associates, Inc. On September 21, 2009 City Staff obtained approval from Washington State Department of Transportation (WSDOT) Highway's and Local Program's Office to proceed with a contract for the design and permitting with N.L. Olson & Associates. Public Works Staff then met with N.L. Olson & Associates on September 30, 2009 to define project scope and budget. Staff recommends that the City Council authorize the Mayor to execute a contract with N.L. Olson & Associates, Inc. in an amount not to exceed $287,701.17 for the Mosquito Fleet Trail Bay Street Pedestrian Enhancement Project. Councilmember Olin MOVED and Councilmember Childs seconded the motion to adopt Resolution No. 101-09, authorizing the Mayor to execute a contract for the Mosquito Fleet Trail Bay Street Pedestrian Enhancement Project with N.L. Olson & Minutes of October 27, 2009 Pa e of 8 Associates, Inc. in an amount not to exceed $287,701.17. Upon vote, the ,notion passed unanimously. E. Adoption of Resolution No. 102-09, Authorizing the Mayor to Execute a Contract for the Well No. 8 Chlorination System Replacement/Upgrade Project with Whitney Equipment Co. The City of Port Orchard Public Works Department selected two (2) qualified contractors from the 2009 Small Works Roster and requested proposals from each company for the needed replacement/upgrade to the Well No. 8 Chlorination System. The project will replace the old B-6 unit with a new T-6 unit, similar to what was recently installed at Well No. 9. The following bids were submitted: Whitney Equipment Co. $19,932-44 (incl. tax) Pump Tech, Inc. $32,362.80 (incl. tax) Upon review by staff, it was determined that Whitney Equipment Co. was the lowest qualified bidder, with a bid of $19,932.44 (including tax). Staff recommends that the City Council adopt Resolution No. 102-09, thereby authorizing the Mayor to execute a contract with Whitney Equipment Co. in an amount not to exceed $19,932-44, for the replacement/upgrade project to the Well No. 8 Chlorination System. Councilmember Childs MOVED and Councilmember Putaansuu seconded the 1notion to adopt Resolution No. 102-09, thereby authorizing the Mayor to execute a contract for the replacement/upgrade project to the Well No. 8 Chlorination Syste1n with Whitney Equipment Co. in an amount not to exceed $19,932.44. Upon vote, the motion passed unanimously. F. Adoption of Resolution No. 103-09, Authorizing the Mayor to Execute Contract An1endment No. 2 for Janitorial Services with ABM Janitorial At the October 13, 2009, meeting, staff was directed to contact Susan Perry, Representative for ABM Janitorial, about extending the 2008-2009 contract expiration dates from October 31, 2009 to December 31, 2009. Ms. Perry has agreed to extend the contract expiration date as noted above. Contract Amendment No. 1, dated September 24, 2008, extended the contract one year; and all terms and conditions set forth in the original contract dated October 31, 2007, between the parties, shall remain in full force and effect until the expiration date of December 31, 2009. Staff recommends the Council adopt Resolution No. 103-09, authorizing the Mayor to execute Contract Amendment No. 2 extending the contract expiration date to December 31, 2009, with ABM Janitorial Services. Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to adopt Resolution No. 103-09, authorizing the Mayor to execute Contract Amendment No. 2 extending the eontraet expiration date to December 31, 2009, with ABM Janitorial Services. Upon vote, the motion passed unanimously. Minutes of October 27, 2009 Pa e 6 of 8 G. Adoption of Resolution No. 105-09, Authorizing the Mayor to Execute an Interlocal Agreement for Reimbursable Work Performed with Kitsap County Department of Public Works In June of 1995, the City entered into an Interlocal Agreement with Kitsap County for reimbursable work performed by the County's public works department. The purpose of the Inter local Agreement is to allow the City to request that certain work be performed by the County's Public Works Department. For instance, the City has in the past contracted ,vith the County to provide road striping on certain City streets. The proposed agreement is essentially the same; however, there are minor differences -the most notable is the City is no longer allowed to obtain the use of equipment from Kitsap County Public Works Department for specific projects and that the County will perform the requested work at their convenience. The Public Works Director has reviewed the above noted differences and would request the Mayor be authorized to enter into an Interlocal Agreement for reimbursable work performed by Kitsap County Public Works. Staff recommends adoption of Resolution No. 105-09, authorizing the Mayor to execute an Interlocal agreement for reimbursable work performed by Kitsap County Public Works. Councilmember Colebank MOVED and Councihne1nber Putaansuu seconded the motion to adopt Resolution No. 105-09, authorizing the Mayor to execute an Interlocal agreement for reimbursable work perfor1ucd by Kitsap County Public Works Department in a form approved by the City Attorney. Upon vote, the motion passed unanimously. H. Approval of Public Event Application: Festival of Chimes and Lights City Clerk Kirkpatrick presented the staff report, noting that the Festival of Chimes and Lights is in its eleventh year of ringing in the holiday season. With the help of numerous organizations, the Committee successfully plans a family event for residents and visitors alike in downtown Port Orchard. This year the Festival will be held on Saturday, December 5, 2009, from 4:00 p.m. to 8:oo p.m. Events, closures, set-up and takedown v.>ill be coordinated with Public Works and Police Departments. Councihnember Clauson MOVED and Councilmember Colebank seconded the n-iotion to approve the application for Public Event for the Festival of Chimes and Lights. Upon vote, the motion passed unanimously. I. Adoption of Resolution No. 099-09, Authorizing the Mayor to Execute a Contract to Provide Sound System during the Festival of Chimes and Lights with Gordon Sound Production City Clerk Kirkpatrick presented the staff report, noting Gordon Sound Production has provided the sound system for the Tree Lighting Ceremony and the various choirs during the Festival of Chimes and Lights. Councilmcmbcr Childs MOVED and Councilmember Powers seconded the motion to adopt Resolution No. 099-09, authorizing the Mayor to execute a contract to provide the sound system during the Festival of Chimes and Lights to be held on Saturday, Minutes of October 27, 2009 Pa e of 8 December 5, 2009, with Gordon Sound Production in an amount not to exceed $600. Upon vote, the motion passed unanimously. J, Discussion: Storm Utility Penalty for Reimbursement Public Works Director Dorsey explained that the Utility Committee recommended staff bring forward a request to Council to waive penalties related to seven storm utility accounts. Councihnember Putaansuu MOVED and Councilmember Powers seconded the motion to waive penalties for seven accounts with credit for penalties to be applied to future stormwater utility billing and for staff to bring forward a resolution at the November 10, 2009, meeting. Upon vote, the motion passed unanimously. 10. COMMITTEE REPORTS Councilmember Powers reported the Public Property Committee met to discuss a street vacation request and leaning trees at Givens. Councilmember Childs reported on the Tourism Committee, noting that they are working on the Festival of Chimes and Lights, which is moving right along. Councilmember Colebank reported the South Kitsap Skate Park Association will hold a fundraiser on October 30 and 31, 2009, at Moon Dogs II to raise funds for the skate park at Jackson and Lund. He also filled in for the Mayor at the Sidney Glen Elementary School for their after school program. 11. MAYOR'S REPORT Mayor Coppola thanked the Department Directors for their hard work on their respective budgets, noting they all did a great job. He reported on the following: • Attended meetings with Kitsap County Consolidated Housing Authority's search committee for new Executive Director; • Attended a meeting in Olympia with Christina Reeves from Senator Murray's office regarding funding for parking garage, with Development Director Weaver; and • Had lunch with Kris Tompkins, former City Treasurer, regarding her final perfect audit. 12. REPORT OF DEPARTMENT HEADS Public Works Director Dorsey reported the pre-design for Well No. 10 is near completion and working to get NEPA approval for the Bay Street Seawall for start of construction in 2010. 9. CITIZENS COMMENTS Gerry Harmon voiced her concerns with the expense of a new parking garage, noting that a different location where the garage could be above ground would be less expensive to the City and its residents. ) Minutes of October 27, 2009 Pa e 8 of 8 13. ADJOURNMENT oppola adjourned the m ee ting. )