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10/12/2010 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of October 12, 2010 1. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7=00 p.m. Mayor Pro-Tem Rob Putaansuu and Councilmembers Fred Chang, Jerry Childs, John Clauson, Fred Olin, and Carolyn Powers were present and constituted a quorum. City Clerk Kirkpatrick, Public Works Director Dorsey, Treasurer Mattin, Human Resource Coordinator Howard, Deputy Clerk Rinearson, and City Attorney Jacoby were also present. Excused: Councilmember Colebank A. Pledge of Allegiance Kiera Cline led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Sheila Cline, Kiera Cline, and Kinsey Cline urged the Councils support to help bring awareness to World Arthritis Day. Ms. Cline announced that she is holding a Jingle Bell Boutique during the Festival of Chimes and Lights on December 4, 2010; and in 2011 will be having the Jingle Bell Run in P01t Orchard to raise money and awareness for the Arthritis Foundation. 3· APPROVAL OF AGENDA Councilmember Putaansuu MOVED and Councilmember Olin seconded the motion approving the Agenda. Upon vote, the motion passed unanimously. Councilmembe1• Colebank was absent. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 54326 through 54411 in the amount of $542,622.04; September's Payroll Warrant Nos. 143338 through 143400 in the amount of $470,283.18; and Treasurer's check book in the amount of $1,345,497.26. · B. Approval of the September 21, 2010, Work Study Session Minutes C. Approval of the September 28, 2010, Council Meeting Minutes D. Adoption of Ordinance No. 020-10, Re-Adopting the 2009 Comprehensive Sanitaty Sewer Plan Update as Approved by the Washington State Department of Ecology E. Approval of Public Event Application: Festival of Chimes and Lights Councilmember Olin MOVED and Councilmember Putaansuu seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. Councilmember Colebank was absent. Minutes of October 12, 2010 Page 2 of? 5· PRESENTATION A. Employee of the Fourth Quarter Mayor Coppola announced that Officer Maureen Wheeler was the Employee of the Fourth Quarter, noting her daily contributions to the City include maintaining order and security in the courtroom in a highly professional and courteous manner. She is an integral member of the court team and contributes to the efficiency and orderliness of the court proceedings. Her willingness to volunteer, identify and solve problems and achieve spectacular results, make her a huge asset to the Port Orchard Police Department and the City of Port Orchard. B. Presentation: City Clerk Kirkpatrick, MMC Mayor Coppola announced that City Clerk Kirkpatrick has earned the designation of Master Municipal Clerk (MMC), which is awarded by the International Institute of Municipal Clerks (IIMC), Inc. The MMC designation is given to those municipal clerks who complete demanding education requirements; and who have a record of significant contributions to their local government, their community and state. 6. PUBLIC HEARING No Public Hearings were held. 7· BUSINESS ITEMS A. Adoption of Resolution No. 034-10, Repealing Resolution No. 1872 and Establishing Revised Personnel Policies for Union and Non-Union Represented Employees Classified as FLSA Executive Exempt and Not Exempt Human Resource Coordinator Howard presented the staff report, noting the City of Port Orchard maintains a Personnel Policies and Procedures Manual as a general informational guide of the City's current employment policies, which sets forth operational practices and procedures. The existing personnel policies were adopted on September 27, 1999. Since this date, State and Federal employment rules and laws have been adopted making it necessary to bring the City's personnel policies into compliance. Attorney Dave Luxenberg has worked with staff in the revision of these policies in accordance with mandated employment laws and regulations. These personnel policies shall continue be used as the guide, unless the City has a duty to bargain. Councilmember Childs MOVED and Councilmember Putaansuu seconded the motion to adopt Resolution No. 034-10, approving the revised Personnel Minutes of October 12, 2010 Page 3 of7 Policies. Upon vote, the motion passed unanimously. Councilmember Colebank was absent. B. Approval of Change Order No. 1 to Contract No. 031-09, for the Bay Street Seawall Safety Upgrade Repairs with N .L. Olson and Associates, Inc. Public Works Director Dorsey presented the staff report, noting on April 28, 2009, the Pmt Orchard City Council authorized the Mayor to sign Contract No. 031-09, with N.L. Olson & Associates, Inc. for the 2009 Bay Street Seawall Safety Upgrade Plans, Specifications and Estimate (PS&E) and Permitting in an amount not to exceed $50,712.50. On April 27, 2010, the Port Orchard City Council authorized the execution of Contract No. 026-10, with Henderson Partners LLC for the construction of the seawall safety upgrade repairs. On May 21, 2010, a substantial change in field conditions was realized and a revision to the final design PS&E from the Engineer of Record was required. The design revision was implemented, construction continued and the project was able to be completed on schedule. Councilmember Clauson MOVED and Councilmember Childs seconded the motion to authorize the Mayor to execute Change Order No.1 to the N.L. Olson and Associates, Inc. Contract No. 031-09, in an amount not to exceed $5,962.50 for a revised total contract amount not to exceed $56,675. Upon vote, the motion passed unanimously. Councilmember Colebank was absent. C. Approval of Change Order No. 1 to Contract No. 026-10, With Henderson Partners, LLC for the Bay Street Seawall Safety Upgrade Repairs Public Works Director Dorsey presented the staff repo1t, noting on April 27, 2010, the City awarded the construction contract for the Bay Street Seawall Safety Upgrade Repairs (STPUS-6601 (001)) to Henderson Partners, LLC in an amount not to exceed $102,980.58. Construction began on May 17, 2010. On May 21, 2010, the construction crew discovered the sanitary sewer force main to be 2-feet north from its' marked and pre-design location. The City worked with the Engineer of Record (N.L. Olson & Associates, Inc.) and redesigned around the existing sanitary sewer force main location by installing five (5) helical anchors under the roadway. This work, being a change in condition, was outside the original scope of work and requires a Change Order in the amount of $13,831.76. It was noted that the revised contract amount would be $116,812.34. However, after completing the final invoice with the Contractor, the City realized the final construction cost would be less at $104,012-49. Therefore, this will result in a final change to the original contract amount by $1,031.91. It was noted that WSDOT requested additional safety improvements (impact attenuation) at the east end. Councilmember Putaansuu MOVED and Councilmember Powers seconded the motion to authorize the Mayor to execute Change Order No.1 to Contract No. 026-10, with Henderson Partners, LLC for the construction of the Bay Street Minutes of October 12, 2010 Page 4 of7 Seawall Safety Upgrades Project in an amount not to exceed $13,831.76. Upon vote, the motion passed unanimously. Councilmember Colebank was absent. D. Approval of Contract No. 062-10, Authorizing the Mayor to Execute an Agreement for Telephone Service with Qwest Communications City Clerk Kirkpatrick presented the staff report, noting at the September 21, 2010, Work Study Session staff presented the Council with the cost savings for telephone services, should the City enter into a 3-year contract with Qwest. At that meeting staff was directed to not pursue a 3-year contract, as Council was unsure of the City's needs for future phone services. Since that discussion, it has come to the City Clerk's attention that should the City not enter into a 3-year contract with Qwest for the PRI T-1 truck lines, which is the City's main voice lines for employees to make and receive direct calls, it will conve1t to a month-to-month tariff rate, as the current contract expired back in February of 2009. This would result in a higher cost to the City. Qwest provided the City with the following options: 1. A 3-year contract for a monthly reduction of $100 per month, or reduce from $6oo to $sao per month (governmental discount rate); 2. A one-year contract for an additional $200 per month, or the rate increases from $6oo to $8oo per month (tariff based public rate); or 3. Revert the account back to a month to month rate, which is an additional cost of $8oo for a total monthly invoice of $1.400 (tariff based public rate). Quest has indicated that the City will have a need for the PRI T-1 truck lines regardless if the City chooses to convert to Voice Over Internet Protocol (VOIP). Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion to approve Contract No. 062-10, authorizing the mayor to execute a 3-year contract with Qwest for telephone services on our PRJ T-1 lines in an amount not to exceed $500 per month, plus tax, with an expiration date of October 12, 2013. Council briefly discussed the merits of moving forward with the 3-year contract versus a 1- year contract. Councilmember Putaansuu voiced his opposition to the 1-year contract as he felt the City was not ready to expend funds to incorporate a VOIP system. Councilmember Olin MOVED and Councilmember Clauson seconded the motion to amend Contract No. 062-10, for a 1-year contract with Qwest for telephone services on the City's PRJ T-1lines in an amount not to exceed $8oo per month, plus tax, with an expiration date of October 12, 2011. Upon vote, the motion passed with four affirmative votes and two dissenting votes. Minutes of October 12, 2010 Page 5 of7 Councilmembers Childs and Putaansuu cast the dissenting votes. Councilmember Colebank was absent. Upon vote, the main motion as amended passed with five affirmative votes and one dissenting vote. Councilmember Childs cast the dissenting vote. Councilmember Colebank was absent. E. Receiving the Lodging Tax Advisory Committee's Recommendations for Distribution of 2011 Hotel/Motel Tax Funds City Clerk Kirkpatrick presented the staff report, noting the Lodging Tax Advisory Committee (LTAC) met on September 16, 2010 and September 23, 2010, to review and make recommendations for the 2011 Hotel/Motel tax revenues. The Committee is appointed by the Mayor and confirmed by the Council and is comprised of three hoteliers and three funding recipients. The City Treasurer projected 2011 Hotel/Motel tax revenues to be at $71,000, which is slightly higher than the 2010 projection of $62,000. The Committee, after careful consideration and based upon the proposed allocated funding, chose to provide funding to all recipients. A copy of the Lodging Tax Advisory Committee's recommendation is attached for your review. Further, she explained that the Council would not be making any decisions tonight as to the approval of the funding recommendations as that would be done during the budget process. Rather, the action tonight was to just acknowledge receipt of the Lodging Tax Advisory Committee's recommendation. Councilmember Powers MOVED and Councilmember Childs seconded the motion to accept receipt of the Lodging Tax Advisory Committee's recommendation for distribution of 2011 Hotel/Motel tax funds. Upon vote, the motion passed unanimously. Councilmember Colebank was absent. 8. CITIZENS COMMENTS Patrick Lucus voiced his appreciation of the Council's candidness regarding City business use on personal computers. 9· COMMITTEE REPORTS Councilmember Olin reported the Public Properties will meet with the Kitsap Regional Library District regarding the City's Library after the November Elections on the Levy and they are continuing to update City parks. Councilmember Putaansuu repOtted the Utilities Committee meeting for October had been canceled and they will next meet on November 24, 2010, at 7:30a.m. at Myhre's. Minutes of October 12, 2010 Page 6 of? Councilmember Childs announced the Economic Development Tourism Committee meeting \Viii be held on Wednesday, October 13, 2010, at 5:30 p.m. at City Hall regarding the Festival of Chimes and Lights preparation. 10. MAYOR'S REPORT Mayor Coppola reported on the following: • Met with City Clerk Kirkpatrick and Lary Seaquist regarding the City's legislative priorities; • Met with department directors regarding their budget; • Met with Puget Sound Energy regarding electrical vehicles; • Attended the Port Orchard Chamber of Commerce Insulation Banquet; • Gave the "State of the City" speech to the Senior Action Committee; • Attended the Kitsap Regional Coordinating Council meeting; • Attended the Mayor's Exchange; • Met with AWC lobbyist and the City Clerk regarding the City's legislative priorities; • Attended the Washington Cash 10-year anniversary; • Met with Mayor Erickson of the City of Poulsbo regarding upcoming issues with the Puget Sound Regional Council; • Met with the State Auditors regarding the City's annual audit; • Attended the Housing Kitsap Board Retreat; • Served as a Kitsap Leadership panelist; • Attended the Kitsap Economic Development Alliance Executive Committee meeting; • Attended the Port Orchard Farmer Market's last weekend; • Reconciled the 2011 budget with the City Treasurer; and • Attended the Olympic College luncheon. 11. REPORT OF DEPARTMENT DIRECTORS Public Works Director Dorsey provided an update on the Tremont Widening project noting that the City has closed two more right-of-way acquisitions and based on that the consensus is to take the PS&E to 100% and submit to the Washington Department of Transpo1tation by November and he will bring back to Council in December for a time extension to allow the contractors to finish in 2011; the Bay Street Seawall project is complete and is in the audit process and staff will address the impact in the east end before the audit is complete. City Treasurer Ma1tin reported that he and the Mayor will present the 2011 budget to the Finance Committee on Wednesday, October 13, 2010. City Attorney Jacoby reported on the recent public records decision handed down from the Supreme Court on O'Neill vs. City of Shoreline, which related to the metadata of all electronic documents including email. He indicated that the Council should not be using Minutes of October 12, 2010 Page 7 of7 personal computers to access City email and/ or save any City business onto their personal computers as it may result into public disclosure of their personal computer hard-drives. City Clerk Kirkpatrick announced the Decision Maker's breakfast is being held on Friday, October 22, 2010 in Poulsbo; AWC Regional meeting will be on Thursday, October 28, 2010, in Breme1ton; and the Kitsap Regional Coordinating Council Legislative Dinner is being held on Thursday, December 16, 2010, at Amy's on the Bay; and requested Councilmembers contact the City Clerk's office regarding registration and attendance at any of the above events. 12. ADJOURNMENT At 8 :1 0p.m. Mayo Coppola adjourned the meeting .