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12/10/2013 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of December 10, 2013 1. CALLTOORDERANDROLLCALL Mayor Tim Matthes called the meeting to order at 7:18p.m. Mayor Pro-Tem Fred Chang and Councilmembers Jerry Childs, John Clauson, Rob Putaansuu, Jeff Cartwright, and Cindy Lucarelli were present and constituted a quorum. City Clerk Rinearson, Police Chief Marti, Public Works Director Dorsey, City Treasurer Martin, Development Director Bond, Human Resources Coordinator Howard, Deputy City Clerk Fernandez, and City Attorney Jacoby were also present. Excused: Carolyn Powers A. Pledge of Allegiance Mayor Matthes led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Gil Michael read a letter addressed to Development Director Bond into the record regarding Business Item 7 A and the greenbelt amendment. He asked the Council to move to put the greenbelt amendment on the Planning Commission agenda for next year. Gary Anderson said the Kitsap County Association of Realtors supports the solution to allow the property owners, who are interested in developing their property, the opportunity to prove they have property that should be excluded from the greenbelt zoning. He asked the City· properly notify the property owners with enough time to allow for a sufficient response. They want the City to correct the matter of not notifying property owners when there are proposed changes to their property. He thanked Development Director Bond for creating a solution to this problem and for providing clarity and guidance to this important matter . . Randy Jones said he is for the bike path, but discussed other options for the path besides taking his property. He would like to invite Councilmembers to a meeting on Mitchell Point to discuss problems with the plan. He discussed the problems with the current plan and solutions to the problems. 3· APPROV AI.. OF AGENDA The following items were removed from the Consent Agenda and place under Business Items: • Consent Agenda Item No. 4B • Consent Agenda Item No. 4C Minutes of December 10, 2013 Page 2 of16 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 Checks Nos. 60862 through 60962 in the amount of $341,067.02, Payroll Check Nos. 145530 through 145576 in the amount of $560,186.93 & Treasurer's check book in the amount of $2,345,567.57 B. l ... doptioB of Ordifta:Bee No. 027 13, R:ef>ealiBg OrdiBanee No. 1~51 and l.nioptiBg the City of Port OrehaFd's 2013 Comprehensive Emergency Management Plan CEMP C. l ... ppro:r.tal of Contfaet No. 0~4 13, AuthoriziBg the Mayor to EKeeute a Lease Agpeement vlith Kelley Imaging Systems for Publie \<'loFl~s/ComiBUnity Development Copier D. Approval of Amendment No. 2 to Contract No. 076-13, Authorizing the Mayor to Execute an Interlocal Agreement with Kitsap County for Jail Services E. Approval of Police Department Full-Time Equivalent Count for Commissioned Law Enforcement Personnel F. Excuse Councilmember Powers from the December 12, 2013, Council Meeting ..... Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion approving the amended Consent Agenda. Upon vote, the motion passed unanimously. 5· PRESENTATION No presentations were held. 6. PUBLIC HEARING No Public Hearings were held. 7· BUSINESS ITEMS A. Adoption of Ordinance No. 028-13, Approving and Denying Proposed Amendments to the City's Comprehensive Plan Development Director Bond presented the staff report, noting the Planning Commission recommends the City Council act to approve four of the six amendments to the Port Orchard Comprehensive Plan as considered by the Planning Commission during the 2013 amendment cycle. The Planning Commission recommends approval of the following amendments: • Comprehensive Plan Amendment No. 1: The Gaudette Amendment • Comprehensive Plan Amendment No. 2: The GEM1 Amendment • Comprehensive Plan Amendment No. 4: The Capital Facilities Plan Amendment • Comprehensive Plan Amendment No. 6: The Appendix G Amendment Minutes of December 10, 2013 Page3 of16 The Planning Commission recommends denial of the following amendments: • Comprehensive Plan Amendment No. 3: The Greenbelt Amendment • Comprehensive Plan Amendment No. s: The Annexation Area Rezone Amendment All six amendments are summarized on the provided fact sheets. On November 26, 2013, the City Council took public testimony on the proposed amendments. With the exception of the Greenbelt Amendment, no one provided testimony at this meeting, which contradicted the Planning Commission's recommendation. The City Council may choose to approve or deny any of the six amendments; however if the City Council chooses to reverse any one of the Planning Commission's recommendation, the Council will need to identify the specific factual or legal grounds for its decision. Only the Greenbelt Amendment has proven to be controversial. The remaining five amendments, barring findings to the contrary, should be approved by Council. The Greenbelt Amendment cannot be approved by Council at this time as an Environmental Impact Statement (EIS) has not yet been written for the proposal and approving it would be in violation of the State Environmental Policy Act. The Council has three distinct options for handling the Greenbelt Amendment. 1. It could deny the Greenbelt amendment based on the findings and recommendation set forth in Planning Commission Resolution No. 03-13, and the supplemental findings contained in Ordinance No. 028-13. 2. It could neither approve nor deny the amendment but instead defer the matter to the 2014 Comprehensive Plan amendment cycle pending completion of the EIS in 2014. The cost for the EIS could run anywhere from $2o,ooo to $so,ooo depending on the level of detail required. Consistent with state law and Resolution No. 022-06, the cost of the EIS is the responsibility of the applicant. 3. It could deny the amendment as recommended by the Planning Commission and direct staff to inform concerned owners of Greenbelt properties that they retain the right to file site-specific rezone applications for their property, thus ensuring a focused review during the future Comprehensive Plan amendment cycles. In response to Councilmember Putaansuu, City Attorney Jacoby said there would be no impacts on adopting the changes in 2014. He reviewed the RCW, WACs, MRSC, and the Department of Commerce. No changes can be made the night of the meeting when it is adopted. There is a timing issue right now; the Department of Commerce takes 6o days to review it. The Planning Commission hearings were held up due to a lack of a quorum. In response to Councilmember Childs, Development Director Bond said Planner Jennifer Haro wrote the Capital Facilities Plan under the direction of Public Works Director Dorsey. The previous document was from the mid-1990s, and the one being adopted tonight is an entirely new document. Public Works Director Dorsey said the Capital Facilities Plan was vetted through the Planning Commission during three or four meetings. Minutes of December 10, 2013 Page4of16 Councilmember Childs said that when something new comes forward, he would like to know what it is and why. He has no reference to the past and he has not talked to the author of the document. Public Works Director Dorsey said that Planner Haro gave a presentation at Work Study and at a Council meeting. In response to Councilmember Childs, Development Director Bond explained the 2011 Parks Plan has been reviewed as well as the 2012 Shoreline Master Program, so the references needed to be updated. They are also adding the public art program that was implemented this year. Councilmember Cartwright thanked staff for working with Mr. Michael on a solution to the Greenbelt Amendment. Development Director Bond said his department is willing to put together mailers and notify the property owners of people who live in the greenbelt about applying for an amendment next year. In response to Councilmember Chang, Development Director Bond said the annexation area rezone amendment had property owners in the area who were concerned about being nonconforming and not being able to refinance. However, there was no testimony in support of the amendment because it would not address the nonconformity, and there was lot of testimony against it. They preferred to keep the commercial zoning. Councilmember Putaansuu said he supports staffs proposal for the greenbelt amendment, and agrees with Mr. Anderson's testimony. This item will be on the consent agenda in January. B. Adoption of Ordinance No. 026-13, Adopting the Amendments to the 2013 Budget City Treasurer Martin presented the staff report, noting the City Budget is written to capture revenue and expense over the fiscal year. During the year changes to the Budget in both revenue and expenditures need to be recognized by Budget Amendment. Traditionally the City has twice yearly considered Budget Amendments. Most recently, the Council passed Ordinance No. 010-13, on June 11, 2013, that reflected amendments for the first half of 2013. This Budget Amendment Ordinance recognizes amendments for the second half of the year. The Budget Amendment Ordinance reflects the following: 1. $62,816 to Current Expense Fund No. 001 from the Department of Labor and Industries Safety and Health Investment Project (SHIP) Grant. 2. $16,ooo to Current Expense Fund No. 001 from additional Marine Patrol Grant proceeds. 3· $3,300 to Current Expense Fund for increased sales and use tax revenue. 4· $1,000 from Cumulative Reserve for Equipment Replacement Fund No. 303 for additional expense incurred in outfitting a new police vehicle. Minutes of December 10, 2013 Page 5 of16 5. $3,300 from Current Expense Fund No. 001 to renovate planter boxes near DeKalb Pier. 6. $6,ooo transfer from Street Fund No. 002 to Current Expense Fund No. 001 for seasonal street workers reassigned to parks maintenance seasonal workers. 7. $70,500 from Storm Drainage Utility Fund No. 421 for drainage improvements along the Bethel corridor. 8. $10,000 from Storm Drainage Utility Fund No. 421 for Storm Drainage infrastructure repairs in conjunction with Bay Street pedestrian pathway segment 2 construction. 9. $58,ooo from Cumulative Reserve for Municipal Facilities Fund No. 302 for Dekalb Street Pier and Bay Street pedestrian pathway project expenses ineligible for grant reimbursement and unanticipated 2012 project expense carryover. 10.$70,000 from Water Sewer Utility Fund No. 401 for Well No.9 additional expenses and unanticipated 2012 project expense carryover. 11. $23,000 from Water Sewer Utility Fund No. 401 for water meters. 12. $158,000 transfer from Water Sewer Utility Fund No. 401 to Water Sewer Cumulative Reserve Fund No. 403 recognizing the Capital Facilities Fee collected as a portion of the Water Sewer rate. 13. $120,000 to Water Sewer Utility No. 401 additional revenues received and increase $120,000 for additional expenditures due to pump & lift station repairs and purchase of water for resale. 14. $61,630 reduction 2003 Limited Tax GO Ref Bond Fund No. 206 revenues and expenditures. In 2013, the City completed its transition of Water Sewer Utility QuickBooks accounting software to the Springbrook financial software, budget revisions are required to accommodate the change. Payments formerly budgeted as a transfer from Water Sewer Utility to 2003 Limited Tax GO Ref Bond Fund No. 206 will now be paid directly from the WS Operating fund. $61,630 is moved from WS operating transfers line item to the proper debt payment coding. City Attorney recommended allowing a public comment period for the budget amendment. No comments were received from the public. Councilmember Clauson MOVED and Councilmember Lucarelli seconded the motion to adopt Ordinance No. 026-13, amending the 2013 Budget for the City of Port Orchard. Upon vote, the motion passed unanimously. C. Adoption of Ordinance No. 029-13, Adopting the 2014 Budget City Treasurer Martin presented the staff report, noting the Mayor of Port Orchard completed and placed on file a proposed budget and estimate of the amount of the monies required to meet the public expense, bond retirement and interest, reserve funds, and expense of the government of the City for the fiscal year ending December 31, 2014. As required, the City Council held a public hearing on revenue sources for the coming year's budget, including consideration of possible increases in property tax revenue. The Finance Committee met independently to study the proposed budget, and held budget interviews Minutes of December 10, 2013 Page 6 of16 that required the presence of department heads. Input was sought from the full Council. A final hearing seeking public input on the proposed budget was held November 26, 2013. The 2014 Budget does not exceed the lawful limit of taxation allowed by law to be levied on the property within the City of Port Orchard for the purposes described in the 2014 Budget, and the estimated expenditures in each fund are all necessary to carry on the government of the City for fiscal year 2014. The 2014 Budget reflects department head requests, Mayor's priorities, citizen comment, Finance Committee, and City Council input and modifications. Councilmember Childs said he would vote in favor of the budget, but noted a couple of exceptions that he did not support raising Councilmembers salaries and the process of the lodging tax distribution. Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion to adopt Ordinance No. 029-13 adopting the 2014 budget. Upon vote, the motion passed unanimously. D. Adoption of Resolution No. 030-13, Designating the City Treasurer as the Authorized Official to Make Declarations of Official .Intent for Reimbursement of Expenditures with Bond Proceeds City Treasurer Martin presented the staff report, noting the 2014 Budget provides $840,000 from Water Sewer Fund 401 for final design and permitting for improvements to Well No. 10. The City is pursuing several loan programs that would spread the cost of the improvements over several years. At a recent work study session council members expressed the desire to start the design phase prior to determining whether or not to borrow money for the project, and prior to receiving loan proceeds. In which case the expenses incurred by the City would be reimbursed once loan proceeds were received. One loan option is issuing tax-exempt bonds. Staff contacted the City's bond attorney, Foster Pepper, PLLC to determine applicable federal tax laws to reimburse allocations made from tax-exempt bond proceeds of an issue to reimburse itself for prior expenditures paid With funds other than bond proceeds. The proposed Resolution designates the Treasurer, on behalf of the City, to make declarations of Official Intent to reimburse expenditures with proceeds of bonds that are issued in the future. The federal rules allow a second option to declare Official Intent whereby the Council would not designate an administrative officer to do so. In that case, the Council would make finance specific declarations. Designating the Treasurer provides "a belt and suspenders"' approach that allows a declaration within a 6o-day window once money is expended on a capital project. The declaration should be considered an administrative function, as an Official Intent needs to be made within the confines of Minutes of December 10, 2013 Page7of16 federal rules. This approach maintains the City's greatest flexibility in reimbursing itself, should the Council decide to do so. Only the legislative body may indebt the city by borrowing and the administrative action is merely a reflection of the Councils intent. An Official Intent does not obligate the City to issue bonds or borrow money. Councilmember Putaansuu MOVED and Councilmember Clauson seconded the motion to adopt Resolution No. 030-13 designating the Treasurer as the official authorized on behalf of the City to make Declarations of Official Intent to reimburse certain expenditures with proceeds of bonds to be issued by the City in the future. Upon vote, the motion passed unanimously. E. Adoption of Resolution No. 031-13, Acknowledging Budget Amendments to the South Kitsap Water Reclamation Facility (SKWRF) 2013-2014 Biennial Budget City Treasurer Martin presented the staff report, noting The South Kitsap Water Reclamation Facility (SKWRF) provides wastewater treatment facilities for the City of Port Orchard and West Sound Utility District with funding provided by the City and the District through an Equivalent Residential Unit charge to each entity. A SKWRF 2013-14 biennial budget was passed on December 3, 2012, to cover a two-year budget cycle with revenue and expenditures reviewed and approved by the Sewer Advisory Committee (SAC). SAC is comprised of three officials from each entity. Each budget and subsequent amendments are presented by the SAC to the City Council for ratification. At its November 26, 2013, Council meeting, members were presented budget amendments that serve as a midcourse adjustment to the 2013-14 SKWRF Budget. SKWRF administrative staff presented an overview of plant operations and offered to answer questions regarding budget amendments and further made themselves available to the public, elected officials, and City staff. The amendments presented were reviewed by the Sewer Advisory Committee members, who recognize the necessity of the changes. Councilmember Putaansuu MOVED and Councilmember Clauson seconded the motion to adopt Resolution No. 031-13, recognizing and accepting changes to the SKWRF 2013-14 biennial budget. Upon vote, the motion passed unanimously. F. Adoption of Resolution No. 032-13, Confirming Mayoral Appointments to Boards, Committees, and Commissions. City Clerk Rinearson presented the staff report, noting annually, the City Clerk advertises the qualifications and duties of each expiring term on the various boards, committees, and commissions that have open seats. This year, applications were due to the City Clerk's office Minutes of December 10, 2013 Page 8 of16 on December 6, 2013, and the following applications were received for the following Boards, Committees, and Commissions: Design Review Board David Fall John Charles Purves Planning Commission Building Board of Appeals Trish Tierney Matt Zawlocki John Charles Purves Sean Hoynes Nick Whittleton The Mayor has appointed the following persons to the Boards, Committees, and Commissions: • John Charles Purves and David Fall to the Design Review Board for a term expiring December 31, 2016. • Trish Tierney to the Planning Commission for a term to expire December 31,2017. • Matt Zawlocki to the Building Board of Appeals for a term expiring December 31, 2018 and Sean Hoynes to the Building Board of Appeals to an unexpired term of December 31,2017. In response to Councilmember Clauson, City Clerk Rinearson said the board position that Mr. Hoynes is filling requires the person to be a mechanical engineer. He comes highly recommended and is one of the few in the County. Councilmember Clauson said he was glad Mr. Hoynes is volunteering for the position. Councilmember Chang asked the Mayor look at the attendance of the Planning Commissioners, because there have been problems with a lack of a quorum at the meetings. Councilmember Childs would like to see a criteria for the public that are appointed to the Boards, they should have a skills set for each appointment. City Attorney Jacob said there are criteria outlined for the Building Board of Appeals and the Design Review Board; however, there are no specific requirements for the Planning Commission members. He said he is not aware of there being a problem over the years with the Planning Commission due to a lack of criteria for appointment. Councilmember Chang said the Planning Commission has been traditionally comprised of residents from the City who have had an interest in the community. He thinks it is nice to see that interest in neighborhood zoning. Councilmember Clauson is grateful and appreciative of these folks stepping forward and spending time on these committees. Councilmember Chang MOVED and Councilmember Putaansuu seconded the motion to adopt Resolution No. 032-13, confirming the Mayor's appointments to the Planning Commission, Design Review Board, and Building Board of Minutes of December 10, 2013 Pageg of16 Appeals as set forth in the Resolution. Upon vote, the motion passed unanimously. G. Adoption of Resolution No. 033-13, Repealing Resolution No. 041-12, and Establishing the Community Development-DCD Front Counter Clerk Human Resources Coordinator Howard presented the staff report, noting on December 11, 2012, the City Council approved Resolution No. 041-12, establishing a Full time Associate Planner-Job Share position with the removal the Assistant Planner and Temporary part time Associate Planner Positions. In recognition in that, administrative staff support is essential to maintain this level of operations within the Community Development Department. Staff is requesting Council approve the job description for the Community Development-DCD Front Counter Clerk. Councilmember Cartwright said an organizational chart would help in these discussions. City Treasurer Martin said the organization chart would be updated with the adoption of the budget. Councilmember Cartwright MOVED and Councilmember Chang seconded the motion to repeal Resolution No.041-12, and adopt Resolution No. 033-13, approving the job description of the DCD Front Counter Clerk Position. Upon vote, the motion passed unanimously. H. Adoption of Resolution No. 034-13, Repealing Resolution No. 040-12 and Establishing the Public Works-Parks Employee Position Human Resources Coordinator Howard presented the staff report, noting on December 11, 2012, the City Council approved Resolution No. 040-12, reassigning the Community Resource Program supervisor be back to his previous public works assignment as a Custodian Maintenance Worker, maintaining janitorial work for the buildings of the City. In contemplating changes to the City's janitorial services, the 2014 budget eliminated the need for a Custodian Maintenance Worker and provided for a new Public Works Park Employee position. Councilmember Cartwright MOVED and Councilmember Lucarelli seconded the motion to adopt Resolution No. 034-13, repealing Resolution No. 040-12 and approving the job description of the Public Works Parks Position. Upon vote, the motion passed unanimously. I. Approval of Contract No. 014-14, Authorizing the Mayor to Execute a Contract with Gordon Thomas Honeywell-Governmental Affairs for Lobbying Services Minutes of December 10, 2013 Page 10 of16 City Clerk Rinearson presented the staff report, noting for several years, the City has contracted with Gordon Thomas Honeywell Governmental Affairs (GTH-GA) to provide lobbying services for the City. Notable successes have included monies appropriated for the DeKalb pier project and for the Bay Street Pedestrian Pathway, as well as legislative changes relating to the Planning Commission. GTH -GA also provides regular updates to the Council and City staff regarding legislative issues. The current contract expires on December 31, 2013. GTH-GA's fee for 2014 is $3,150 per month and total expenses not to exceed $2,500 during the term of the contract. The proposal presented includes an increase of $150 per month, a 5% cost of living increase, and indemnification/insurance coverage language change to satisfy the City insurer's recommendations. Councilmember Childs said he would like to know how the contract compares with the 2014 budget. City Treasurer Martin said that the budgeted amount for 2014 is $40,300, which would cover the cost of the contract including expenses. Councilmember Putaansuu says it may seem like a lot of money, but this firm has brought in a hundreds of thousands of dollars for projects in the City. In response to Councilmember Childs, City Clerk Rinearson said Briahna Taylor has not indicated that she would not be working with the City. She has hired extra staff to help her. Councilmember Childs MOVED and Councilmember Putaansuu seconded the motion to approve Contract No. 014-14, and authorize the Mayor to execute a contract for lobbying services with Gordon Thomas Honeywell Governmental Affairs for the period of January 1, 2014 through December 31, 2014. Upon vote, the motion passed unanimously. J. Approval of Contract No. 015-14, Authorizing the Mayor to Execute a Contract with Kitsap Economic Development Alliance for Economic Development Services City Clerk Rinearson presented the staff report, noting annually, the City contracts with Kitsap Economic Development Alliance (KEDA) whose primary purpose is to promote Kitsap County's primary job base and to integrate its economy into the national and world economies. During the 2014 Preliminary Budget discussions, the Mayor requested the City's payment to KEDA be $8,ooo, and that amount was included in the 2014 budget. This is a one-year contract to be effective January 1, 2014 and expire on December 31, 2014. In response to Councilmembers Lucarelli and Cartwright, City Clerk Rinearson said that there is an additional $2,000 set aside for KADA that is not part of the proposed contract. Councilmember Lucarelli MOVED and Councilmember Putaansuu seconded the motion to approve Contract No. 015-14, authorizing the Mayor to execute a contract with Kitsap Economic Development effective January 1, 2014 to Minutes of December 10, 2013 Page 11 of16 December 31, 2014 for an amount of $8,ooo. Upon vote, the motion passed unanimously. K. Approval of Amendment No. 2 to Contract No. 057-12, Authorizing the Mayor to Execute an Agreement with West Sound Utility District for Facility Management City Treasurer Martin presented the staff report, noting in 1983, the Port Orchard City Council and the predecessors to the West Sound Utility District (Sewer District No. 5 of Kitsap County and the Annapolis Water District) entered into an Interlocal Agreement (ILA) for the "improvement of the existing wastewater transmission, treatment and discharge facilities" served by the City and the District (the "Wastewater Facilities Management Agreement" or "Agreement"). The duration of the Agreement was for 35 years from August 1, 1977 (August 1, 2012) or until any outstanding bonds were "provided for, secured and funded". While the Agreement contemplates that it will continue thereafter until terminated by the parties, the City and the District continued the Agreement until December 31, 2013 with their joint intent of reviewing the organizational structure of their Joint Facilities. The City and District are currently finalizing a new Agreement that is scheduled to be completed prior to March 1, 2014. The proposed amendment extends the Agreement until March 1, 2014, and is not intended to change any of the other provisions of the Agreement. Councilmember Putaansuu says he fully expects to have the final agreement for Council consideration at the January Council meeting. Councilmember Clauson clarified that the amendment would be extended until March 1, 2014. Councilmember Putaansuu MOVED and Councilmember Lucarelli seconded the motion to authorize the Mayor to execute Amendment No. 2 to Contract No. 057-12 with West Sound Utility District, thereby extending the Wastewater Facilities Management Agreement. Upon vote, the motion passed unanimously. L. Approval of Contract No. 016-14, Authorizing the Mayor to Execute an Agreement with ABM Janitorial Services for Janitorial Services Public Works Director Dorsey presented the staff report, noting as janitorial cleaning services are Purchased Services using an Ordinary Maintenance Contract and in consideration that the City has been extremely satisfied with the past performance of ABM Janitorial Services, staff is allowed and has requested and received a sole bid for the 2014 City Hall, Active Club, and Public Works Shop janitorial services from ABM in the amount of $60,777.60, plus the additional cost of limited supply items Oiners, hand soap, paper towels and toilet paper) as needed. Minutes of December 10,2013 Page 12 of16 In response to Councilmember Cartwright, Public Works Director Dorsey said the additional money in the budget for this line item is for the supplies. Councilmember Childs MOVED and Councilmember Putaansuu seconded the motion to authorize the Mayor to execute Contract No. 016-14 with ABM Janitorial Services in the amount of $60,777.60, plus the additional cost of limited supply items as needed. Upon vote, the motion passed unanimously. M. Approval of November 19, 2013, Work Study Session Meeting Minutes Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion to approve the November 19, 2013, Work Study Session meeting minutes. Upon vote, the motion passed unanimously. N. Approval of November 26, 2013, Council Meeting Minutes Councilmember Putaansuu MOVED and Councilmember Lucarelli seconded the motion to approve the November 26, 2013, Council meeting minutes. Upon vote, the motion passed unanimously. 0. Approval of Contract No. 094-13, Authorizing the Mayor to Execute a Lease Agreement with Kelley Imaging Systems for Public Works/Community Development Copier City Clerk Rinearson presented the staff report, noting on February 24, 2014, the Public Works/Community Development Department copier lease will expire. Unfortunately, it appears the machine may not last until the term of the lease. The Clerk's office requested quotes from two vendors off the Vendor Roster and received the following quotes: Kelley Imaging Systems Toshiba-e-Studio 5540CT 48 month lease KCDA Purchasing Cooperative $327 per month* Black & White per copy charge $0.0073 Color copy $0.0502 Excel Business Systems, Inc Cannon-imageRunnerC5255 48 month lease WSCA Contract $320.24 per month Black & White per copy charge $0.0074 Color per copy charge $0.0504 *Includes the payoff balance and shipping charges After a careful analysis, it is staffs recommendation the City enter into a lease with Kelley Imaging. With the monthly lease amount being diminutive, the areas of most concern were how quickly a new machine could be traded out and the level of customer support from the vendor. Minutes of December 10, 2013 Page 13 of16 Councilmember Clauson said it appears we have a current lease that we are going to walk away from because the machine is not performing. He thought it would be an obligation of the vendor to fix it. He also understood Excel Business Systems is a firm located in the City of Port Orchard and Kelley Imaging is not. If all else is equal, why isn't the City choosing the local business? City Clerk Rinearson gave some history on the current machine and lease. The lease is longer then she would usually recommend, however it is what we have because it was what the departments could afford in their budgets. The machine is overused based on the volume that was originally estimated for its use. Public Works/DCD staff wanted to move forward with a new machine, so she found out what the cost was to buy out the lease and incorporate that amount into the new lease. Councilmember Putaansuu feels the vendor should honor the contract and fix the machine that we have. He also said he supports buying locally whenever it is possible. Councilmember Clauson noted the local vendor was $7 a month cheaper, and without an analysis on the number of copies made in a month or a year, all he can go by is the monthly rate. City Clerk Rinearson noted there would be a cost to ship the copier back to the vendor if we do not renew our contract with them. She has read the contract and it is silent in regards to who pays the shipping cost. City Attorney Jacoby said he would review the contracts based on the action that is taken tonight. City Clerk Rinearson also said that if the City does not buy out the lease, and waits for the contract to end, the cost from Kelly Imaging would be $267.92 for a monthly lease rate versus $320.24 going locally with Excel Business Systems. Mr. Trenary with Excel Business Systems stated what he understood the State's contract to be. He said he believes the shipping in the State contract is covered in the price of the lease. He is not familiar with the KCDA program. Councilmember Cartwright reads the Kelley Imaging contract to state that we prepay in our monthly lease for a lease buy out and shipping. Councilmember Clauson clarified that the lease buy out and shipping would be $59.08 a month plus the price of the new lease rate. That would be a total of $2,835.84. Councilmember Putaansuu called for the question. Upon vote, the motion passed unanimously. Councilmember Clauson MOVED and Councilmember Childs seconded the motion to not approve Contract No. 094-13, authorizing the Mayor to execute Minutes of December 10, 2013 Page 14 of16 a lease agreement with Kelley Imaging Services for the Public Works/Community Development Department Copier. Upon vote, the motion passed unanimously. Councilmember Clauson MOVED and Councilmember Childs seconded the motion to direct staff to work with the lease of the Cannon ImageRunner C5255 from Excel Business Systems that has been quoted off the State contract. Upon vote, the motion passed unanimously. Councilmember Cl~uson asked City Attorney Jacoby to verify the shipping charges when returning the Toshiba copier at the end of the lease. P. Adoption of Ordinance No. 027-13, Repealing Ordinance No. 1951 and Adopting the City of Port Orchard's 2013 Comprehensive Emergency Management Plan (CEMP) Police Chief Marti presented the staff report, noting the Kitsap County Department of Emergency Management in conjunction with the Port Orchard Police Department has reviewed and revised the current Comprehensive Emergency Plan for the City of Port Orchard. This requires the signature of the Mayor as confirmation that the City has adopted this plan for the operation of the Emergency Operations Center. In response to Councilmember Lucarelli, Councilmember Cartwright said Attachment A was on the compact disc. Police Chief Marti said the basics of the old CEMP are there, the only changes are referring to responsibilities within the City, whom we may collaborate with, and how that is structured. In response to Councilmember Childs, City Clerk Rinearson said the local organization referred to in the Ordinance is the Kitsap County Department of Emergency Management (KCDEM). In response to Councilmember Clauson, Police Chief Marti said KCDEM requested that this be adopted before the first of the year. Councilmember Clauson said he did not receive a CD with the CEMP. Councilmember Lucarelli MOVED and Councilmember Childs seconded the motion to adopt Ordinance No. 027-13, repealing Ordinance No. 1951 and adopting the City of Port Orchard's 2013 Comprehensive Emergency Management Plan. Upon vote, the motion passed unanimously. Q. Paying Bills at the End of the Year Minutes of December 10, 2013 Page 15of16 Councilmember Putaansuu MOVED and Councilmember Clauson seconded the motion to authorize the Treasurer to pay the claims of the city and provide the claims register at our next council meeting in January. Upon vote, the motion passed unanimously. 8. COMMITIEE REPORTS Councilmember Clauson said he and Councilmember Putaansuu attended the exit conference with the State Auditor on December 5, 2013, and staff did an outstanding job once again. We received a good, clean audit. Next Finance Committee meeting is scheduled for the January 24, 2014, at 7:30a.m. at the Pancake House. Councilmember Lucarelli said the next Chimes & Lights Committee meeting is tomorrow at 3=30 p.m. at City Hall. It is going to be a debriefing of the Jingle Bell Run and Festival of Chimes & Lights. Councilmember Childs said the next ED/Tourism Committee meeting is January 15,2014. Councilmember Putaansuu said the Utility Committee meeting has not been set yet for January, but two important issues that will be on the agenda are water quality issues on Well No. 9, and finding a funding source for Well No. 10. Sewer Advisory Committee is scheduled for January 15, 2014. The only item is on the agenda is the WSUD ILA. Councilmember Chang reported the Public Properties Committee met this morning and discussed the VanZee Park lease, Ron Rider lease, and discussion of the graffiti email. Councilmember Cartwright reported KRCC Transpol will meet this Thursday at 2:30 p.m., and KEDA is scheduled for Thursday at the Norm Dicks Government Center at 3:30 p.m. 9· MAYOR'S REPORT The Mayor Matthes reported on the following: • Attended the Festival of Chimes & Lights, the Jingle Bell Run, and the Pooch & Purr Parade. He thanked the police department, public works staff, and volunteers for all of their help. • Town Hall Meeting scheduled December 12, 2013, at 6:30 p.m. 10. REPORT OF DEPARTMENT DIRECTORS Public Works Director Dorsey reminded the public that the logging contract is in place for the McCormick Village Park. Potentially in the next couple of weeks, chainsaws will start running in the park. His staff is also working to close out 2013 contracts. Development Director Bond extended an invitation to all Councilmembers to talk and better understand their priorities as it relates to his department. On January 31,2014, UW students will be on their first trip to Port Orchard. J Minutes of December 10, 2013 Page 16 of16 City Clerk Rinearson said the City's Facebook page launched last week and it has 346likes. Councilmember Chang asked to extend the period for people to submit photos of light displays/holiday decorations. The Council asked staff to extend the photo submissions to the end of the year. City Clerk Rinearson reminded the three recently elected Councilmembers to have their oaths administered between December 22nd and December 31st and return the signed forms to her. 11. CITIZENS COMMENTS Elissa Whittleton thanked everyone for all the energy and effort they put into our City. Chimes & Lights was wonderful and thanked the Mayor for the concert on Sunday that benefited the Helpline. Mayor Matthes recognized Trish Tierney for her commitment to the Planning Commission. Mayor Matthes recognized Sean Hoynes for his commitment to the Building Board of Appeals. 12. EXECUTIVE SESSION No executive session was held. 13. ADJOURNMENT atthes adjourned the meeting.