KITSAP TRANSIT BOARD OF COMMISSIONERS MEETING MINUTES OF APRIL 17, 2018

Transcription

1 KITSAP TRANSIT BOARD OF COMMISSIONERS MEETING MINUTES OF APRIL 17, 2018 Board of Commissioners Present: Daugs, Leslie, City of Bremerton Council Member Erickson, Becky, Mayor, City of Poulsbo, Vice Chair Fuller, Mark, Teamsters Local No. 589, non-voting member Garrido, Charlotte, Kitsap County Commissioner Gelder, Robert, Kitsap County Commissioner, Chair Medina, Kol, Mayor, City of Bainbridge Island Putaansuu, Rob, Mayor, City of Port Orchard Stern, Ed, City of Poulsbo Council Member Wheeler, Greg, Mayor, City of Bremerton Wolfe, Edward, Kitsap County Commissioner Staff Present: Jill Boltz, Clerk of the Board; Darrell Bryan, Marine Services Director; Jeff Cartwright, Human Resources Director; John Clauson, Executive Director; Ellen Gustafson, Operations Director; Steffani Lillie, Service & Capital Development Director; Charlotte Sampson, Executive Assistant/Deputy Clerk of the Board; Hayward Seymore, Facilities and Maintenance Director; Paul Shinners, Finance Director. Also Present: Ron Templeton, Legal Counsel 1. CALL TO ORDER: Chairperson Gelder called the meeting of the Kitsap Transit Board of Commissioners to order at 8:30AM. 2. AGENDA REVIEW No changes. 3. CHAIRPERSON'S COMMENTS No Comments 4. PUBLIC COMMENT Michael Williams, Bremerton, spoke regarding transfer slips. Williams commented on Mayor Erickson's pay increase, bonding of Rich Passage 2 & 3, Governor Inslee's fuel cost measure slowing Washington State Ferries and the 28-minute crossing of the Rich Passage 1. Minutes of April17, 2018 Board Meeting 1

2 5. FULL DISCUSSION/ACTION ITEM: a. Approval of April 3, 2018 Board Meeting Minutes Commissioner Garrido moved and Commissioner Erickson seconded the motion to approve the minutes of the April 3, 2018 Board Meeting. Motion approved unanimously. b. Resolution No , Port of Kingston Facilities & Amenities Lease Agreement Executive Director Clauson reported on the lease agreement for use of the float and gangway in Kingston for the passenger-only ferry program. Clauson complimented the Port of Kingston for being open and willing to reach a compromise during the negotiations. The agreement is for 50 years and contributes $1.3 million up front in the form of a prepaid lease for improvements such as putting the float into dry dock in preparation for the daily service, improvements to the gangway, extending the fuel system to the float, and bringing out adequate power for operations. The agreement will be in front of the Port of Kingston Commissioners today. Commissioner Daugs arrived at 8:35AM. Chairperson Gelder stated he is glad the agreement is finished and questioned the timing for the improvements prior to the start of operation. Clauson noted that the fuel is not as time sensitive; however, the Port is confident the float will be repaired and back in place, and improvements have begun to the gangway. Commissioner Wolfe asked if a 50-year lease is common. Legal Counsel Templeton explained that they started negotiations with a 35-year lease and the statute allows for up to 50 years. The agreement also includes a 30 year extension. Wolfe asked if there is a termination clause for Kitsap Transit. Templeton stated there is a right to terminate for convenience. Commissioner Stern moved and Commissioner Garrido seconded the motion to adopt Resolution No , authorizing staff to enter into a lease agreement with the Port of Kingston for use of pier facilities and amenities to support passenger-only ferry service from Kingston to Seattle. Discussion: Commissioner Erickson noted one of the attachments references that the Port of Kingston cannot enter into any encumbrances without the Department of Natural Resources (DNR) signing off and questioned whether it has been run past DNR. Executive Director Clauson stated he will confirm with the Port of Kingston. Commissioner Putaansuu spoke in support of the agreement and pointed out this is a water-dependent use and DNR will most likely not have issue with this agreement. Medina congratulated all involved with the agreement, and questioned why it is such a great deal. Clauson spoke to the Port's support of the program, benefit to the community, and fuel sales to Kitsap Transit. Chairperson Gelder stated the Port is approaching this from their mission of supporting economic development and supporting the passenger-only ferry program is a way of facilitating and supporting other economic development opportunities in the community. Medina noted page 26 (of the agenda Minutes of April17, 2018 Board Meeting 2

3 packet) Section 3.3A refers to an inflation adjustment during the 35-year term rather than 50 years. Templeton clarified that after 35 years, the rates would be renegotiated in their entirety. Medina noted and asked for clarification on page 30 (of the agenda packet) Section 4.3.2, referring to Kitsap Transit's right to review and approve bid documents and the reimbursing the lessor for the cost of the capital improvements. Clauson explained that if Kitsap Transit were to require something in addition to the bid documents, we would pay for those additions. Medina noted there is no termination clause for the Port. Templeton explained that was taken out of the agreement. Gelder noted this provides Kitsap Transit with a higher level of certainty. Clauson added that Kitsap Transit will be paying up front for the capital improvements and if the Port were to terminate the agreement, there would be an expectation that some of funding would be returned. In lieu of returning some of the funding, they gave up on their right to cancel. Commissioner Stern echoed Chairman Gelder's comments and spoke to the economic development charge of the port districts. Motion passed unanimously. c. Discussion: Bond Percentage Determination & Board Approval Executive Director Clauson explained this is a follow-up to the previous discussion on bond percentage determinations. Finance Director Shinners has spoken with Washington State Ferries (WSF) and learned they rarely go above 15 percent and in some cases are as low as 5 percent. Finance Director Shinners added that it is for selective contract and the percentages are split between payment and performance bonds. Clauson clarified that we pay for the cost of the bond through the price of the bid. If the bonding requirement is reduced, it is a savings the builder or contractor realizes and that is reflected in the bid price. Legal Counsel Templeton added that every entity pays the cost of the bonds. The builder will not procure the bond without covering the cost. Templeton discussed the Public Works payment bond and performance bond including the project risk mitigation factors in consideration of setting the bonding percentage. Executive Director Clauson mentioned that the next agenda item is for the bow loaders, which is a design-build contract. The bidder will design the vessel based on Kitsap Transit's specified needs. The design must be reviewed and approved by the Coast Guard before the vessel can be built. Prior to delivery of the vessel, the specifications will be verified to ensure they have been met. Staff is comfortable with recommending the bonding at 50 percent, knowing that through the progress payment process, the financial exposure would not exceed that level. Finance Director Shinners stated that the intent is to identify the risk and match that with a level of bonding or insurance. Based on the nature of sequential manufacturing, liquidated damages, and taking title to the progress of the work and materials of the manufacturer, staff felt it was Minutes of April17, 2018 Board Meeting 3

4 something less than 100 percent and is comfortable with 50 percent. The estimated cost saving is between $200, ,000 for the contract. Executive Director Clauson noted that the contract will be structured for two vessels with an option for a third due to the economy, the shipyards and the concern for the cost of the vessels. Commissioner Wheeler questioned how Kitsap Transit makes payments on a project. Clauson stated payments are typically made monthly. Clauson added that an owner's representative is on site verifying that the vessel is constructed to our specifications and quality along with the Coast Guard inspections. Commissioner Putaansuu stated that staff is analyzing the process on the front side, treating the bidders equally and assuming the bidders will meet our requirements. Commissioner Erickson stated that she sent an to several board members, including Commissioners Gelder and Wolfe, stating her rationale on this subject. Her was forwarded on to the Kitsap County Risk Assessment Manager who agreed with her. Erickson stated that one of the reasons WSF may agree to a lesser performance bond is because of Washington law requiring boats be built in the state of Washington, providing close proximity and regional knowledge of and about the quality and character of the manufacturers and boat builders. Erickson gave an example of a fishing vessel built in Anacortes that is unusable because of a piece of steel that did not comply with the Jones Act. Erickson stated she is not as concerned about boats but more concerned with other on-land construction projects. Commissioner Wheeler spoke to the importance of contract management, and is comfortable that staff can manage the exposure and leverage but as a board member will be asking questions as we move forward with dirt projects such as park and rides. Chairperson Gelder questioned whether the bid has been structured with geographic constraints. Clauson stated, of the five vetted bids, three are from Washington, one from the gulf and one from San Diego who is partnered with a state vendor. Clauson stated that staff is providing information for the Board to make a decision but is very sensitive to the issue of having inspections, either in-house or through a contractor. Commissioner Erickson explained that bonding is set by an underwriter and based on capacity and their prior performance. The level of bonding decreases if, there have been performance issues. Chairperson Gelder asked what other clauses are in place during development of the bid document and is there an element of the scoring to look back at performance to balance with the bidders' capabilities. Service and Capital Development Director Lillie added that, in the case of the bow-loaders, staff Minutes of April17, 2018 Board Meeting 4

5 established a two-phase bid process. Staff selected qualified bidders, verified past performance and checked references to narrow the list to the five bidders. The second phase includes working on the amendment to include the bonding and the remainder of specifications for the vessels. The bidders will then come back with more detailed plans and a final bid. Because this purchase is federalized, the next phase will include a more in-depth look at the shipyard to ensure it is the best shipyard and we reserve the right to not go with the lowest but rather the best qualified. Commissioner Putaansuu reiterated that these requests would be considered on a case by case basis. The earth and facility contracts will be different and may not have the same conclusion but is comfortable with the vessels. d. Resolution No , Performance and Payment Bonds for Bow Loading POF Vessel Design Build See discussion from previous agenda item. Commissioner Putaansuu moved and Commissioner Daugs seconded the motion to adopt Resolution No , approving fifty percent (50%) performance and payment bonds for the solicitation of the bow loading passenger-only ferry vessel design build. Discussion: None. Motion passed. No: Erickson e. Presentation: 4h Quarter 2017 Financial Report Transit Fund Finance Director Shinners presented Transit Fund year to date through December 2017 with operating revenue from fare income, parking, advertising and lease income making up 12 percent of the revenue base. Revenues are close to budget at about 1 percent greater than budget. Operating Expenses are approximately 5 percent under the budget. Both Routed and ACCESS are under budget primarily due to operator wages and benefits and conservative budgeting. In comparison, last year KT was paying overtime as a result of the operator shortage. Passenger Ferry is under budget due to no necessary, significant repairs. Vehicle Maintenance is under budget due to repairs and fuel and Service Development is under budget due to contractual service and ORCA. Non-Operating Income (Expense) is approximately 4 percent greater than budget. Ferry Fund Shinners noted that the budgeting for the Ferry Fund is a bit more difficult because there is not the experience to budget from and will experience greater variances until there is a feel for revenue and expenses for the program. Fast Ferry fare revenue was budgeted based on the Passenger-Only Ferry Plan and the experience was a little less due to the ORCA pass realization and slightly lower ridership. Maintenance was under budget due to fuel. Minutes of April17, 2018 Board Meeting 5

6 Shinners presented the charts and graphs depicting [Transit Fund] Total Revenue, Total Net Expenditures and Unrestricted Reserves. Commissioner Erickson asked about the increase in operating expenditures between 2012 and Shinners stated that wages and benefits will be a large portion of the increase but will get back to the Board with more information. Total Revenues and Expenditures assumptions are four percent sales tax revenue growth, five percent growth in operating expense year over year, and $2.50 for fuel. In 2017, the Capital Program was smaller; however, in 2018 there are a number of large projects including Wheaton Way, Silverdale and ORCA Next Generation program. The increase in 2018 is anticipated to be $5 million dollars with $3-$4 million anticipated in Commissioner Stern questioned how we balance the opportunity of economic expansion and building a rainy day fund versus trying to make every project come to fruition. Shinners shared the graph depicting the effect of one percent increase or decrease in sales tax revenue, minimum reserve levels of two months average operations and 25 percent of average depreciation. f Presentation: Hiring & Employee Turnover Human Resources Director Cartwright provided an update on the hiring statistics and employee turnover including the employee referral program, non-operator recruitments, and marketing efforts. Cartwright noted the primary cause of driver turnover is testing requirements and work schedule; however, the attrition rate for routed drivers has dropped five percent. Commissioner Erickson asked whether there has been an increase in drug testing incidents for marijuana. Cartwright stated they saw the first positive marijuana pre-employment drug test in the last six months, where they had not seen one in the prior two years. Erickson asked if these numbers have been compared to other agencies. Cartwright stated he has not, but has looked at historic numbers within the agency. Commissioners Erickson and Wheeler commended Human Resources Cartwright for the report. g. Presentation: Doublefv1ap Operations Director Gustafson introduced and thanked Scheduler/Dispatcher Kimberly Ruiz for her work on this project along with Administrative Associate Lindsay Bailey. Ruiz shared the features of the application available for both Android and Apple devices including the ability to sign up for notifications, viewing of specific routes, color coded routes for easy identification, list of stops with associated routes, ability to save "favorites/' ability to find stops near your current location and when the bus will arrive at the stop. Minutes of April17, 2018 Board Meeting 6

7 h. Presentation: Public Dashboard for POF Performance Data Public Information Officer Bhatt shared the fast ferry performance dashboard that includes ridership, reliability and cancellations of the program. The page will be live on the Kitsap Transit website this afternoon. i. Worker/Driver Program Update Moved to a future meeting. 6. OTHER PUBLIC COMMENTS Commissioner Gelder asked for additional public comment with a limit of two minutes. Jerry McDonald, Bremerton, spoke to the need for marketing to help Kitsap Transit and the communities. McDonald reminded the Board that, in June or July, construction will begin on the hotel and apartment complex putting more cars on the street and suggested a local bus service in Bremerton. McDonald stated that Kitsap Transit, Bremerton and the Shipyard need to sit down together to talk about the Worker/Driver Program. Michael Williams, Bremerton, spoke to having time and money spent somewhere else such as Sunday service and parking issues. 7. FOR THE GOOD OF THE ORDER: Chairperson Gelder asked if there were any comments. 8. CLOSED SESSION: Pursuant to RCW (4)(a) for the purpose of discussing collective bargaining proceedings -10 minutes. At!0:20AM Chairperson Gelder adjourned the regular meeting into Closed Session for 10- minutes pursuant to RCW (4)(a) for the purpose of discussing collective bargaining proceedings. The meeting will be automatically adjourned at the conclusion of the Executive Session. No action will be taken. 9. ADJOURN: Meeting automatically adjourned at!0:30am. ADOPTED by the Board of Commissioners held on the 1st day of May, Clerk of the Board Minutes of April17, 2018 Board Meeting 7