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03/20/2012 - Work Study - MinutesCity of Port Orchard Council Meeting Minutes Work Study Session of March 20,2012 7:00p.m. Call to Order Mayor Matthes called the meeting to order at 7:01p.m. Mayor Pro-Tem Jerry Childs and Councilmembers Fred Chang, John Clauson, Cindy Lucarelli, Jim Colebank, Carolyn Powers and Rob Putaansuu were present. Public Works Director Mark Dorsey, City Treasurer Allan Martin, Human Resource Coordinator Deb Howard, Interim City Clerk Brandy Rinearson, Administrative Assistant Dennison and City Attorney Greg Jacoby were also present. Mayor Matthes led the audience in the Pledge of Allegiance. 1. Presentation: Realigning the Water/Sewer Utility Billing Treasurer Martin presented the realignment of the water/sewer utility billing to the Council, noting the following: • Why change the billing cycle: There are currently two cycles of meter reading; Cycle 1 which has 2, 319 customers and Cycle 2 which has 830 customers; and After the realignment, Cycle 1 will have 1,588 customers and Cycle 2 will have 1,562 customers which will smooth out the workflow. • Improvements so far-Gaining Staff Efficiencies: Standardized monthly deadline and cut off dates; Meter reading dates earlier in the month; New or replaced meters are touch read; Automatic Bill Pay option with payments automatically deducted from customers account; Online Bill Pay; and Use of credit cards. • How it will be implemented: Customer notifications in May and June; Press Release will be sent in July; Notification letters will be posted to the website; Power Point presentation will be posted on the website; A billing example in PowerPoint Presentation; and An August implementation will have the least impact on operations. • What's Next: Converting Utility Billing to BARS in Springbrook; Budget Billing; Helping Hands; New Billing Statements; and Outsource Billing. • This will improve operation productivity in the field and in the office; • Reallocation of existing full-time employee resources; • Defer meter reader staff increase; and • Maintain service levels. March 20, 2012, Work Study Session Minutes Page 2 of 5 Council Direction: No direction was given to staff. 2. Discussion: Citizens United Regarding Corporations City Attorney Jacoby provided background information on Citizens United, stating the following: • The case arose out of circumstances when 'Citizens United' were preparing to release a documentary film in 2008 critical of Hilary Clinton, which would be available on cable within 30 days of the primary election; • Citizens United argued that the federal statute was unconstitutional as applied to the film; • In 1819, the Supreme Court decided 'a corporation is an artificial being, invisible, intangible, and existing only in contemplation oflaw.' Under this view, corporations were routinely denied constitutional protections; • In 1886, the Supreme Court adapted an expanded theory of a corporation as a legal person that enjoys rights under the constitution; • Corporations are entitled to freedom of speech under the First Amendment, protection from unreasonable search and seizure under the Fourth Amendment, freedom from double jeopardy under the Fifth Amendment, counsel under the Sixth Amendment, jury trials in civil cases under the Seventh Amendment, and may not be deprived of property without due process of law under the Fourteenth Amendment; and • Like natural persons, corporations can own property, must pay taxes and can sue or be sued. In addition, City Attorney Jacoby noted that with respect to the First Amendment, large corporations and wealthy individuals have had enormous opportunities to spend funds to influence politics. Since 2007, corporations can also lawfully spend unlimited funds on advertising. In response to Councilmember Clauson, City Attorney Jacoby confirmed that supporting a resolution stating that corporations should not have the same rights as people, is not saying that corporations should not exist. In response to Councilmember Powers, City Attorney Jacoby agreed that a future Supreme Court could interpret this law differently. Aaron Smith, a former resident of Port Orchard, supports the Council passing a Resolution stating corporations are not people, as corporations are singularly motivated by profit. Don Manning, Port Orchard citizen, thanked the City Attorney for the work he did on this issue, and would support the passing of the Resolution, mentioning that the Constitution was not written for corporations; it was written for flesh and blood citizens. March 20, 2012, Work Study Session Minutes Page 3 of 5 Chris Henry, resident of Bremerton, mentioned the State of Washington in 2010, through the Senate, wrote a letter to the U.S. President in Congress stating the First Amendment to the Constitution was designed to protect the free speech of people and not corporations. He also informed the Council, that since there is no income tax in the State of Washington, there cannot be a corporate tax under the idea that corporations are people. Tim Kelley informed the Council that his new position will include observing and reporting on local governments and the actions of elected officials. He urged the Council to pass a Resolution taking a stand against Citizens United, stating it is having a negative effect on the Democratic process. Dick Davis, a resident of Port Orchard, stated he is a 45-year veteran of the private sector, mentioning that corporations have done many good things. He would like people to not lose sight of the positive aspects corporations bring to communities. Robert Christianson, a resident of Bremerton, thanked the Council for considering this issue. He believes there is a lack of transparency with Citizens United, and everyone is held accountable for what they say. Brian Petro asked the Council to pass this Resolution, stating corporations should not have more leverage than the average citizens. He also mentioned that international corporations own the political parties. Frank Wright stated you cannot put a corporation on the same level as a person who gets to vote. He urged the Council to think about "is it going to be the people who tell the corporations how we are going to live, or will it be the corporations telling the people how to live". Council Direction: No direction was given to Staff. 3· Discussion: Lodging Tax Funding/Ordinance Amendment Councilmember Chang proposed making the following changes to Port Orchard Municipal Code (POMC) 2.22 "Lodging Tax Advisory Committee"; • Having eight members, plus the Chair, serving on the Lodging Tax Advisory Committee; • Only one member of the City Council shall serve as Chair of the Lodging Tax Advisory Committee, rather than at least one; and • Reviewing the memberships of the Lodging Tax Advisory Committee will be no later than the last day of August. After a brief discussion, the majority of the Council agreed to update the City's code to coincide with the Revised Code of Washington (RCW). Council Direction: Council directed staff to place the amending of POMC 2.22 "Lodging Tax Advisory Tax Committee", on the March 27, 2012, Council meeting agenda. March 20, 2012, Work Study Session Minutes Page 4 of 5 4· Discussion: McCormick "STEP Regular Maintenance" Public Works Director Dorsey updated the Council on the current McCormick STEP System Maintenance stating that the City inherited the STEP system program, and in 2011 looked into instituting a STEP System Replacement Program with grinder pumps. However, after receiving the bids for this project and combined with other issues which needed review, the program was postponed to 2012. Historically the City has done 120 to 130 pump-outs per year as part of the STEP System; however the City would like to do 6o pump-outs per year, but also hoping to do 6o conversions. There are about 6oo which need to be converted over a 10 year period. The City has received 26 homeowner's permission who would like to continue with the program, while 34 homeowners are uncertain at this time. Public Works Director Dorsey stated that only 6o pump-outs were budgeted for the 2012 year. Council Direction: Council directed staff to move forward with the budget amendment for the pump-outs and to also move forward with receiving bids for the replacement program. 5· Discussion: Appointment of City Clerk Mayor Matthes mentioned he had approached the Finance Committee about restructuring the City Clerk's office, but has since reconsidered this option and he would like to continue to keep the same structure that the City Clerk's department has been for the past eight years. In addition stating there will be no salary changes or supervision changes for the advisory role of the City Clerk. Mayor Matthes noted that the reasons he would like Ms. Rinearson to be appointed to City Clerk are as follows: • Ms. Rinearson is very well qualified; • Ms. Rinearson is a Certified Municipal Clerk; • Ms. Rinearson has a lot of experience and has the support of the staff and directors; and • Ms. Rinearson has the Mayor's confidence; as since her role as Interim City Clerk she has done very well. Mayor Matthes stated that should he have felt the potential in-house candidate was not well qualified, he would have advertised to a larger group of people. He also reminded the Council that former Mayor's Coppola and Abel appointed their City Clerk's without soliciting resumes from the public, and from his knowledge did not receive any opposition from the Council. Mayor Matthes requested the Council put the appointment of Ms. Rinearson to City Clerk! Assistant to the Mayor on the March 27, 2012, agenda. March 20, 2012, Work Study Session Minutes Page 5 of 5 In re sponse to Counci lm ember C hild s, City Attorney Jacoby stated that in t he past , thi s has bee n an in-house appo intment, and the Council has deferred to the Mayor's recommendation, indicating that the Council could change the current process. In response to Councilmembe r Lucarelli , Ci ty Attorney Jacoby clarified that should the Council have specific questions relating to qualifications of a candidate, it s hou ld be brought to an executive session for di scu ss ion and/o r if the Council has questions relating to the process of an appointment of the Mayor, then those questions should be address in an open meeting. In response to Councilme mber C lau son , HR Coordinator Deborah Howard re sponded that w hen Ms. Rinearson became Interim City Clerk, she began at the entry leve l C ity Clerk salary, and if sh e does become C ity C lerk , her salary would not change. In addition , Ms. Howard mentioned the screenin g of thi s particular candidate h as b ee n co ndu cte d thr ough HR Department and urged the Counci l to confirm this appo intment. Council Direction: Council directed staff to place the appointment of Ms. Brandy Rinea rson, City Clerk/ Assistant to the Mayor, on the March 27, 2012, City Council meeting agenda. 6. Discussion: Change Order/Purchase Order/Contracts Authority Council Direction: Council directed staff to move this discussion to t he April17, 2012 , W ork Study Session. Next Work Study Session-Tuesday, Apri117, 2012 At 9:11p.m. the m eeting was adjourned. Brandy Rinearson, CMC, Interim City Clerk ~~tf?~~ Timothy C. Ma t h es, Mayor