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04/12/2011 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of April12, 2011 1. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7:00p.m. Mayor Pro-Tem John Clauson and Councilmembers Fred Chang, Jerry Childs, Rob Putaansuu, Jim Colebank, and Fred Olin were present and constituted a quorum. City Clerk Kirkpatrick, Public Works Director Dorsey, Treasurer Martin, Development Director Weaver, Deputy Clerk Rinearson, and City Attorney Jacoby were also present. Excused: Councilmember Powers A. Pledge of Allegiance Susan Whitford led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT In response to Gerry Harmon, Mr. Dorsey stated that $35,000 was budgeted for the demolition of the Prospect Street rentals of which included the asbestos abatement report and removal; hauling of demolition materials to the landfill; with the remainder of funds being applied to grading of the area for a gravel parking lot. 3· APPROVAL OF AGENDA Councilmember Olin MOVED and Councilmember Putaansuu seconded the motion approving the Agenda. Councilmember Childs MOVED and Councilmember Clauson seconded the motion to amend the agenda by moving Business Item: Acceptance of Lodging Tax Advisory Committee's Recommendation to the Council Regarding Special Funding Requests to the April 19, 2011, Council Work Study Session. Upon vote, the motion to amend passed unanimously. Councilmember Powers was absent. Upon vote, the main motion, as amended, passed unanimously. Councilmember Powers was absent. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 55318 through 55449 in the amount of $392,280.85; March's Payroll Warrant Nos. 143701 through 143754 in the amount of $499,056.02; and Treasurer's check book in the amount of $1,554,134.04 Minutes of April12, 2011 Page 2 of 11 B. Approval of the March 15,2011, Work Study Session Minutes C. Approval of the March 22, 2011, Council Meeting Minutes D. Setting Meeting for Work Study Session to April19, 2011, at 7:00p.m. at City Hall E. Approval of Public Event Application: Port Orchard Farmers Market F. Adoption of Resolution No. 009-11, Ratification by Council for Mayor to Execute Professional Services Contract No. 038-11, with Teresa D. Johnson, CPA, Inc. for Specialized Accounting G. Adoption of Resolution No. 010-11, Declaring Certain Personal Property as Surplus and Authorizing its Disposition H. Adoption of Resolution No. 011-11, Allowing the Hiring of an Additional Police Officer Councilmember Olin MOVED and Councilmember Colebank seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. Councilmember Powers was absent. 5· PRESENTATION A. State of the Port Orchard Library Kathleen Wilson, Branch Manager of the Port Orchard Library, reported on the following: • 2010 presented with many challenges including the annexation of the Port Orchard Library into the Kitsap Regional Library system; • The theft of 1,300 children's picture books; • Failure of the library levy initiative last November; • The closure of the Manchester Library, due to flooding left the Port Orchard Library as the sole library source for all of South Kitsap for 4-months; • 416,177 items were checked out during the year; • The first two months of 2011, shows an increase to the door count of 7% over 2010, which was attributed to Manchester patrons; • Will be expecting a decrease in the door count in 2011, as they had to close on Sundays due to budget cuts; • Held 326 programs for children and teens; • Partnered with the South Kitsap School District and the Port Orchard Kiwanis to ensure every 3rd grader in South Kit~,ap receives a library card and a free book; • Had a big increase in job seekers who are working on their resume and/ or searching for jobs; • Wi-Fi continues to be extremely popular; as do their e-books and downloadable audio; • Summer reading program continues to be a huge success and hundreds of teens will register to read 10 hours or more during the summer months; Minutes of April12, 2011 Page 3 of 11 • Focused on enhancing the users experience, as part of the Kitsap Regional Library initiative; • Modified the entry way of the Library to better suit the needs of the staff and users; • Looking forward to a new roof for the library and working with City staff to incorporate a building maintenance schedule for items such as painting; • Hoping to install an early literacy station in the children section; which will be loaded with many educational games; • Increase our budget for downloadable titles and decreased the budget for paper titles; • Can now use flash drives on all terminals and only charge 10 cents per page for printing; • Working on the local history section to have handouts for tourist to take with them; • Kitsap Regional Library received a Wal-Mart grant of $25,000, to help fund the teen program and teen technology; • Will be establishing a digital branch, including hiring a digital branch manager; • Partnership has been establish with local genealogy groups and at the Sylvan Way Library Branch to incorporate a Genealogy Center; and • Libraries as a whole are redefining themselves; as the user's needs change so are the libraries. 6. PUBLIC HEARING No Public Hearings were held. 7· BUSINESS ITEMS A. Adoption of Resolution No. 012-11, Authorizing an Inter-Fund Loan between the Cumulative Reserve for Municipal Facilities Fund and the Arterial Street Fund At 7:23p.m. Mayor Coppola and Councilmember Colebank recused themselves from the meeting. City Treasurer Martin presented the staff report, noting the City is acquiring right-of-way for the Tremont Street Widening project using grant proceeds and Arterial Street Fund revenues. A Department of Transportation (DOT) grant provides 86.5% of the funding with the remaining 13.5% being paid by the City. The City receives grant proceeds on a reimbursement basis approximately six weeks following a request to the DOT. Public Works and Finance have timed purchases to make sure adequate cash is on hand to pay property owners for their right-of-way. However, an upcoming purchase may cause the Arterial Street Fund to be short until the City is reimbursed. For this reason it is necessary to facilitate a temporary borrowing, in an amount not to exceed $3oo,ooo, for the City to Minutes of April12, 2011 Page 4 of 11 meet its right-of-way purchase obligations. The Cumulative Reserve for Municipal Facilities Fund has non-obligated funds in excess of $300,000 and may be used for a temporary inter-fund loan. There must be a reasonable rate of interest paid to the lending fund, which is currently invested in the Local Government Investment Pool, and is earning approximately .24%. The loan will be temporary in nature and will be paid back upon receipt of grant proceeds. In no case shall the loan exceed thirteen months from the date it is drawn upon. Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion to adopt Resolution No. 012-11, authorizing the City Treasurer to make an inter-fund loan transfer, as necessary, from the Cumulative Reserve for Municipal Facilities Fund to the Arterial Street Fund in an amount not to exceed $300,000 at a simple interest rate of .24% per annum. Upon vote, the motion passed unanimously. Councilmember Powers was absent. B. Approval of Final Change Order No. 12 to Contract No. 002-05, with Berger/ Abam Engineers, Inc. for the Tremont Widening Project Public Works Director Dorsey presented the staff report, noting the Plans, Specifications & Estimate (PS&E) for the Tremont Street Widening Project is currently at 95% completion with the Constructability Review of the PS&E now complete. At this point in the project, while right-of-way acquisition/certification is still the primary focus of the project and is anticipated to be completed within 2011, a search for construction funding and final review and approval by Washington State Department of Transportation (WSDOT) Local Program's (LP) is now on the critical path to "shelf ready" status. It has been determined that obtaining "shelf ready" status is the best plan of action to take at this time, given the uncertainty of future federal funding cycles. Shelf ready status means that Berger/ A bam will be providing the PS&E Submittal Checklist to WSDOT /LP for their final review and approval based upon the 2010 Standard Specifications. Berger/ Abam will then "seal" the PS&E and "mothball" any remaining funds until such time that construction funding is acquired. Once construction funding is identified and acquired, Berger/ A bam and WSDOT /LP will revise the PS&E to current standards, thereby establishing "shovel ready" status so that the construction funds can be obligated and the project advertised for bid. The project MUST START construction prior to 12/21/2018, pursuant to the maximum time frame allowed using FHWA funds. During the time that the project sits on the "shelf', it is imperative the Berger/ Abam and their environmental consultant continue to update the currently approved Environmental Classification Summary (ECS) for the project. Councilmember Chang announced a potential conflict as he is a Department of Transportation employee; however, he does not stand to gain financially from this contract. There were no voiced objections to his voting on this matter. Minutes of April12, 2011 Page 5 of 11 Councilmember Olin MOVED and Councilmember Putaansuu seconded the motion to approve Change Order No. 12 to Contract No. 002-05, with Berger/Abam Engineers, Inc. for the Tremont Widening Project, thereby extending the contract completion date from June 30, 2011 to December 21, 2018. Upon vote, the motion passed unanimously. Councilmember Powers was absent. At 7:42 p.m. Mayor Coppola and Councilmember Colebank returned to the meeting. C. Adoption of Resolution No. 013-11, Authorizing the Mayor to Execute an Interlocal Agreement Contract No. 039-11, with West Sound Utility District for Sharing aNew Water Tank on Bethel Public Works Director Dorsey presented the staff report, noting on March 5, 2008 the City of Port Orchard received a letter from West Sound Utility District (WSUD) requesting use of City-owned land adjacent to the existing 1-million gallon Sedgwick Water Reservoir (tax parcel 112301-1-045-2000) for a second water tank. At subsequent Utility Committee meetings, it was discussed and conveyed to WSUD that although "joint-use development" of the second tank site was feasible, the City had no immediate desire to commit to the construction of a new water tank. The City of Port Orchard and WSUD worked together over the past 3-years to develop an Interlocal agreement with terms and conditions for the mutual design and construction of a new water tank adjacent to the existing Sedgwick Water Reservoir that would serve both water distribution systems. Councilmember Colebank MOVED and Councilmember Clauson seconded the motion to adopt Resolution No. 013-11, thereby authorizing the Mayor to execute the Interlocal Agreement Contract No. 039-11, with West Sound Utility District for sharing a new water tank on Bethel Avenue. Upon vote, the motion passed unanimously. Councilmember Powers was absent. D. Approval of Contract No. 040-11, Authorizing the Mayor to Execute an Agreement with Grette Associations for Shoreline Planning Services Development Director Weaver presented the staff report, noting the City of Port Orchard is required to update the Shoreline Master Program and have a complete document to the Department of Ecology by 2012. The Department of Ecology provided a $125,000 Grant to the City of Port Orchard to conduct the Shoreline Master Program Update from 2010 to 2012. The majority of the work has been conducted by the Planning Department in-house with existing resources. WAC 173-26-186 requires a component of the Shoreline Master Program Update to include a completion of a Cumulative Impacts Analysis. The Cumulative Impact Analysis is a scientific evaluation, justifying the update goals, policies and regulations are consistent with the WAC provision of "no net loss". Given the legal importance and scientific complexity of this document, and the availability of Department Minutes of April12, 2011 Page 6 of11 resources, the best course of action for the City would be to hire a specialized consultant to complete the document. Grette Associates, LLC scored the highest and was the most qualified bidder in a Request for Qualifications and Interview process conducted by the Department with prospective consultant candidates. The proposed scope of services includes preparation of a Cumulative Impacts Analysis as well as assisting City staff with the Final Shoreline Master Program Update. The cost of these services will not exceed $25,000 and will be paid for using Ecology grant money. Councilmember Chang MOVED and Councilmember Putaansuu seconded the motion to approve Contract No. 040-11, authorizing the Mayor to execute an agreement with Grette Associates, LLC for Shoreline Planning Services. Upon vote, the motion passed unanimously. Councilmember Powers was absent. E. Approval of Contract No. 041-11, Authorizing the Mayor to Execute an Agreement with Pace Engineers, Inc. for Well No. 9 Treatment Pre-Design Public Works Director Dorsey presented the staff report, noting on April 8, 2005, PACE Engineers, Inc. was interviewed and selected to prepare the City of Port Orchard's Water System Plan, thereby establishing the City's Capital Improvement Plan (CIP) and maintaining the City's water system hydraulic model. Since that time, as the City's water system engineer, PACE Engineers, Inc. has provided exceptional professional engineering service to the City on a number of water system related projects. Therefore, given the outcome of the recent forensic study performed by the City in regards to the ongoing water quality issues within the Tremont Avenue corridor (being the lack of a treatment facility at existing Well #9 for Iron & Manganese), the proposed water system treatment facility improvement needed has been 1) identified in the City's Water System Plan CIP, 2) the Pre- Design Report as required by the Washington State Department of Health is scheduled for completion within 2012 and 3) the Final Design/Construction phase for the facility will be scheduled and budgeted for 2012. PACE Engineers, Inc. has provided a scope and budget of $66,ooo for this required activity and will also provide within the Pre-Design Report, an estimate for Final Design and Construction for inclusion within the 2011 Budget. Councilmember Childs MOVED and Councilmember Colebank seconded the motion to approve Contract No. 041-11, authorizing the Mayor to execute an agreement with PACE Engineers, Inc., in an amount not to exceed $66,ooo, for the Well No. 9 Pre-Design Report. Upon vote, the motion passed unanimously. Councilmember Powers was absent. F. Approval of Contract No. 042-11, Authorizing the Mayor to Execute an Agreement with Goldsmith and Associates, Inc. for the 2011 McCormick Woods STEP Conversion Design Minutes of April12, 2011 Page 7 of 11 Public Works Director Dorsey presented the staff report, noting on March 7, 2011, City of Port Orchard Public Works Department staff met with representatives of Hugh G. Goldsmith & Associates, Inc. (Goldsmith) to discuss the anticipated scope of work and design expectations associated with the 2011 McCormick Woods STEP System Conversion program as identified in the 2011 Budget. As you will recall, the STEP replacement program anticipates the conversion of approximately 6o-homesjyear over a 10-year period from Septic Tank Effluent Pumping (STEP) systems to Grinder Pump Systems. Goldsmith was selected by Public Works staff from the 2011 Professional Services Roster to provide the necessary professional engineering design services associated with the preparation of a prototypical replacement/pump installation Plan, Specification & Estimate (PS&E) for this project given their extensive history with the McCormick Woods development and their long standing record of providing quality and detailed engineering documents. Goldsmith has prepared a satisfactory scope of work and associated budget of $1o,ooo.oo to complete the design phase of this project. Upon PS&E approval, the City will then commence upon the next phase of work for this project, being the conversion of the first 6o-homes located within McCormick Woods (ULID No.6) STEP system. Councilmember Olin MOVED and Councilmember Clauson seconded the motion to approve Contract No. 042-11, authorizing the Mayor to execute an agreement with Hugh G. Goldsmith & Associates, Inc. in an amount not to exceed $1o,ooo, for the 2011 McCormick Woods STEP System Conversion Program PS&E. Upon vote, the motion passed unanimously. Councilmember Powers was absent. G. Approval of Change Order No. 2 to Contract No. 014-07, with the Washington State Department of Transportation for the Cedar Heights Junior High Sidewalk Project Public Works Director Dorsey presented the staff report, noting in 2005 the City of Port Orchard received Federal Highway Administration (FHW A) funding to install sidewalks on the west side of Pottery Avenue in front of Cedar Heights Junior High School. The City bid the project in early 2008, but all bids came in above the budgeted amount and were ultimately rejected. Since 2008 Staff has become aware of some design changes that need to take place to make the project function better for storm water and ingress/ egress. Unfortunately, the City obligated the funding to construction and now needs to move funding from construction to design in order to fund the design modifications needed. Additionally, the City has an opportunity to make future billings easier to complete with this supplement. If approved, this supplement would move $124,359 from construction funding to design funding to complete the design modifications needed. The funding is currently available until2017 for this project. Minutes of April12, 2011 Page 8 of 11 Councilmember Chang announced a potential conflict as he is a Department of Transportation employee; however, he does not stand to gain financially from this contract. There were no voiced objections to his voting on this matter. Councilmember Putaansuu MOVED and Councilmember Clauson seconded the motion to authorize the Mayor to execute Change Order No. 2 to Contract No. 014-07, with the Washington State Department of Transportation for the Cedar Heights Junior High Sidewalks to adjust funding from construction to design. Upon vote, the motion passed unanimously. Councilmember Powers was absent. H. Approval of Change Order No. 2 to Contract No. 027-09, Authorizing the Mayor to Amend Progressive Landscape Services' agreement for Parks Maintenance Public Works Director Dorsey presented the staff report, noting on April14, 2009, the City entered into a contract with Progressive Landscape Services to provide parks maintenance services. On March 23, 2010, the Council approved Change Order No.1, thereby extending the contract date to December 31, 2011. On March 8, 2011, the City and Port of Bremerton entered into a Memorandum of Agreement (MOA) regarding a parking swap along the City waterfront, which included the Port taking over the landscaping maintenance of the area commonly referred to as Lot 2, being the grassy area to the east of the Port's bathroom facility to the foot ferry entrance (Frederick to Sidney.) Additionally, the City will be removing the rental buildings located at 213/215 Prospect Street, further reducing the need for services of Progressive Landscape. Fred Music, owner of Progressive Landscape Services, agreed to reduce the remainder of his existing monthly contract price by $250 (plus tax) starting April thru December 2011, resulting in an overall savings of $2,443.50 Councilmember Childs MOVED and Councilmember Putaansuu seconded the motion to approve Change Order No. 2 to Contract No. 027-09, thereby authorizing the Mayor to reduce the parks maintenance contract current monthly amount by $250 (including tax) with Progressive Landscape Services for an overall savings of $2,250 to the City budget. After a brief discussion, Council directed staff to pursue finding other areas of the City that would benefit from Progressive Landscape Services rather than reducing their funding. The triangle area on Kitsap/Cline/Bay Street was discussed as a possible location and Public Works Director Dorsey advised he would speak with the owner of Progressive Landscape Services. Councilmember Olin MOVED and Councilmember Chang seconded the motion to postpone the Approval of Change Order No. 2 to Contract No. 027-09, Authorizing the Mayor to Amend Progressive Landscape Services' agreement Minutes of April12, 2011 Page 9 of11 for Parks Maintenance to the April 26, 2011, Council meeting to allow staff time to negotiate with Progressive regarding other areas of the City in need of landscaping. Upon vote, the motion to postpone passed unanimously. Councilmember Powers was absent. I. Acceptance of Lodging Tax Advisory Committee's Recommendation to the Council Regarding Special Funding Requests This item was remanded to the April19, 2011, Work Study Session for further discussion. 8. CITIZENS COMMENTS There were no citizen comments. 9· COMMITIEE REPORTS Councilmember Childs reported the Economic Development Tourism Committee meeting has been canceled for April's meeting and the next meeting will be held on Wednesday, May 11, 2011, at 5:30 p.m. at City Hall. Councilmember Putaansuu announced the next Utility's Committee will be held on Friday, April 22, 2011, at 7:30 a.m. at Myhre's. Councilmember Olin reported that the Public Property Committee will have information regarding the Skateboard Park at Van Zee Park at the next work study session; and noted the Bay Street lighting standards are in need of being updated. 10. MAYOR'S REPORT The Mayor Coppola reported on the following: • Attended the Kitsap Regional Coordinating Council Executive Board meeting; • Met with Kitsap Transit Executive Director, Dick Hayes regarding staff proposed changes; • Spoke at the Bethel Grange; • Attended the Kitsap Economic Development Alliance Executive Committee meeting; • Met with Mary Hancock, Executive Director of the Dispute Resolution Center; • Attended the Thunderbird Award Dinner for the Bremerton Chamber of Commerce; • Attended Kitsap Housing Authority Budget Board meeting; • Attended the PSNS farewell event for Caption Mark Olson; • Celebrated Wet Apple's 32 years of being in business; • Spoke at the Home Builders Association breakfast; • Attended the Finance Committee meeting; Minutes of April12, 2011 Page 10 of 11 • Presented 10 year Service Awards to Court Administrator Hunt and Judge Decker; • Gave the Key Note Address at the Navy ROTC Ball; • Attended the Kitsap Economic Development Alliance Annual meeting; • Will attend the AWC Mayors Exchange in Yakima; • Attended the Kitsap Visitors Convention Bureau's Annual meeting and Tourism Awards; • Will attend the Kitsap Visitors Convention Bureau's Tourism Roundtable; • Participated in the Legislative call-in with Senator Kilmer; • Met with proponents regarding building a YMCA in Port Orchard; and • Advised that the bill regarding the Planning Commission terms will be signed by the Governor; and should anyone be interested in attending, please contact the City Clerk. 11. REPORT OF DEPARTMENT DIRECTORS Development Director Weaver reported that the Bethel Annexation is still holding steady at approximately 26% of the 6o% needed by August; and should be hearing back soon on the results of the Boundary Review Board deliberation and decision on the McCormick Woods East annexation. City Treasurer reported that staff has been working on cross training for Payroll and it has gone successfully; and our IT person has ordered the budgeted equipment for additional electronic storage, which should hold for a two year period; and ordered 14 computer workstations that will start the rotation of updating the computers. City Attorney Jacoby reported that Legislation regarding the Medical Marijuana Bill is moving forward and the House and the Senate passed, but now they need to come to an agreement and as for the REET money the legislator has agreed to provide greater flexibility to City and Towns in the use of REET money, mainly for the use of Maintenance and Operations of Parks. 12. EXECUTIVE SESSION At 8:21 p.m. Mayor Coppola recessed the meeting for a 40-minute executive session regarding potential litigation in accordance with RCW 42.3o.no(B). City Attorney Jacoby, Development Director Weaver, and Public Works Director Dorsey were invited to attend and the Mayor announced that no action would be taken as a result of the executive session. At 8:45p.m. Mayor Coppola and Councilmember Colebank left the Executive Session and meeting. At g:o2 p.m. Mayor Pro-tem Clauson reconvened Council back into regular session. 13. ADJOURNMENT Minutes of April12, 2011 Page 11 of 11