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HomeMy WebLinkAbout04/04/01 AGENDA CITY COUNCIL MEETING AGENDA APRIL 4, 2001 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. Minutes of Meeting - March 14, 2001 (#AB01-077) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION - (Comments limited to 3-minutes) 9. NEW BUSINESS A. Bid Award to Taurman Pacific, Inc. for Tracyton Water System (#AB01-078) 10. ORDINANACES A. Ordinance (First Reading) Providing for Elected Officials' PERS Participation; and Payment by City of Discretionary Contributions and Interest Payments (#AB01-079) 11. RESOLUTIONS A. Resolution No. 2808, to Partner with the University of Washington Sea Grant Program Demonstrate the Effects of an Earthquake/Tsunami on the Waters of Kitsap County (#AB01-080) B. Re~ulution No. 2807, Callin-'~vernance; and S_.c_h~du!!ng Ccu,qc!! GoaL& --P-ciedty Determlnat',oi-,s (#AD01-O.76)- ~¢utI(¢_~ ~n6- 12. PUBLIC HEARING Public Hearing on Solid Waste Collection Request for Bids (#AB01-081) A. 13. ADJOURNMENT OF MEETING Whereas, In 1872 J. Ste~ling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and Whereas, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife, and Whereas, trees in our city increase property values, enhance the economic vitality of bussiness areas, and beautify our community, and Whereas, Bremerton has been named a Tree City USA by the National Arbor Foundation for the 5th straight year, and Whereas, in honor of Arbor Day, a Prairie Fire Crab Apple Tree is being planted at Kiwanis Park by third grade students from Star of the Sea School. Now, Therefore, I, Lynn Horton, Mayor of the City of Bremerton, do hereby proclaim April 1,2001 as the 129th anniversary celebration of Arbor Day in the City of Bremerton, and I urge all citizens to celebrate Arbor Day and to support our efforts to protect our trees and woodlands. ~/.~? :~-~ ~ Dated this / ~ ~' day of ) DAVID D. FARR, COUNCILMAN Gateway to the Olympics and Home of the Puget Sound Naval Shipyard April 4, 2001 Bremerton City Council and Mayor Fellow Council members and Mayor; My primary residence will no longer be in Bremerton council district #6; therefore I submit to you my resignation as CiW Councilman for District #6 My resignation shall be effective as of April 5, 2001 David D. Farr 2394TH STREET · BREMERTON, WA 98310 · (206) 478-5280 An F~qual Opparlunity Employer AGENDA BILL BREMERTON CITY COUNCIL I. SUBJECT: FOR AGENDA OF: APRIL b,, 2001 ORIGINATING DEPT.: CITY COUNCIL MINUTES OF MEETING-- MARCH 1~,, 2001 ORIGINATOR: JOHN E. LAW, PRESIDENT DATE SUBMITTED: HARCH 16, 2001 -~. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ENDORSEMENT ['1 INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: vlAYOR COUNCIL PRESIDE., ~.:~,~. ~.,...~--~¢¥ ~ 1. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION ::'ULLED []TABLED FI APPROVED r'l DISAPPROVED ri AMENDED [] DATE: 4 ,~ ~'OUNCIL DIRECTIVE: 11. AGENDA BILL NO.: 0/ - ? ? (OVER) 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (CONTINUED): 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: TAPES #1757 & 1758 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES March 14, 2001 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, March 14, 2001, at 5:30 P.M., with Council President John Law presiding. Council members present were Jim Reed, Conrad Esser, Carol Arends, David Farr, Mike Shepherd, Ed Rollman, Cecil McConnell, and Wayne Olsen. Also present were Deputy City Clerk Paula Johnston; Special Counsel Glenna Malanca; and Council Assistant Christine Grenier Ellingson. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation given by Deacon Roy Mclnnis of the Sinclair Missionary Baptist Church. P~made the following announcements: 1) A Pre-Council Session was held in the Conference Room to discuss general Council business. 2) The Study Session scheduled immediately following the Council Meeting in the Council Conference Room to discuss the "Bremedon Fire Department" has been cancelled; 3) Next week there will be a Study Session to discuss "Street Maintenance" and "Engineering Results of a Paving Study"; and 4) An additional PUBLIC HEARING was added to the Agenda, Item 11-C, "Approval of Settlement of Mayor/Counc# Dispute", which will be heard following a brief recess. Information regarding this item was available to the public at the table located at the back of the Council Chambers. CONSENT AGENDA A. Bid Acceptance for Purchase of 2 Infield Grooming Machines - (#AB01-061) B. Inter-local Purchasing Agreement with the City of Everett- (#AB01-062) C. Aquatic Weed Management Fund Grant Agreement - (#AB01-063) #0075 M/S/C/U (McConnell/Olsen) Move to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0'105 M/S/C/U (Esser/McConnell) On March 14, 2001, the Council does approve for payment those vouchers included and further described as follows: Checks 249949, and 249976 through 250221 in the amount of $648,487.03. COUNCIL MEMBER REPORTS Wayne Olsen asked the people to attend the next Combined District 1 & 2 Meeting on March 20th at 7:00 P.M. at Sheridan Park Community Center to discuss "Subjects of Interest". Cecil McConnell invited the public to contribute ideas towards positive changes to the City Charter. Ed Rollman announced the St. Patrick's Day Parade to be held on Saturday at 11:00 A.M, and noted the public was welcome to participate if registered by 10:30 A.M. He referred to a positive meeting held with business owners and potential investors he recently attended. Mike Shepherd invited the public to attend the District 5 Meeting scheduled for Thursday, March 15, 2001 at the Memorial Lutheran Church located at 10th & Veneta Avenue to discuss "The Proposed Merger of Central Kitsap & Bremerton Fire Districts". He also reported on emergency management meetings he has attended, as well as his trip to Washington D.C. where he was encouraged by discussions with legislators over transportation and fuel issues. TAPES #1757 & #1758 City Council Reg. Mtg. Minutes March 14, 2001 Page 2 of 6 Carol Arends commented that the Charleston Business District is considering ways to beautify the Gateway area. ~j~r~;!~,~,~,r, along with Jim Reed thanked citizens for their attendance at the recent District 8 & 9 Meeting, and reminded citizens that a Study Session scheduled next week would include a discussion on road maintenance and repair. John Law announced that the next District 3 Meeting would be held March 20th to discuss the "Manette Plan: What Comes Next?." beginning at 7:00 P.M. at the Senior Center located at the corner of East 13th Street and Nipsic Avenue. MAYOR'S REPORT Mayor Horton commented on concerns over earthquake preparedness like road closures and traffic. LEGISLATIVE REPORT - There was no report this evening. PUBLIC RECOGNITION Carlos Montgomery commented on last week's Study Session regarding the "Hearing Examiner" issue. He stated that the Comprehensive Plan needed to be updated, and urged that an advisory committee be appointed to address this issue. Carol Atkin$on, Bremerton Main Street Association, announced the 10th Annual St. Patrick's Parade to be held this Saturday. She asked that anyone interested in participating in the parade register by 10:30 A.M. at the U. S. Bank parking lot. Information can be obtained by calling (360) 377-3041. Larry_ Dicker$on thanked the Mayor for her involvement in alleviating concerns over remarks made by West Sound Park Commission members. Steve Corda announced a new online newspaper can be found at http://dmz.bremerton.wa.us. Gordy Byrd commented on the limited bus access that may impact access to emergency services. Bob Jaenicke admonished behavior of both citizens and Council Members; asked for clarification on the Albertson's building permit with respect to construction, parking and traffic impacts, and impact statement. Paul Drn_ievic commented on the ongoing dispute and was encouraged by Council President Law to review the settlement agreement item that would be heard later in the meeting. 9A- U.S. DEPARTMENT OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT (#AB01- 064): Tim Sholtis, Police Department Administrative Support Manager, stated that Bremerton was awarded $62,699.00 from the U.S. Department of Justice through the LLEBG formula program. The funding is for police vehicle purchases. The City has a cash match of $6,967.00 over the grant period of October 1, 2000 to September 2002. Funding would be applied towards new police cars. Bob Jaenicke asked if the grant must be repaid. Mr. Sholti$ replied that the grant would not need to be repaid, and that the grant is matched by funds from the City. Gordy Byrd asked how many police vehicles would be purchased with the grant funds. Mr. Sholtis answered that the funds would purchase approximately 1.5 cars. TAPES #1757 & #1758 City Council Reg. Mtg. Minutes March 14, 2001 Page 3 of 6 #1130 M/S/C/U (Farr/McConnell) Move to approve accepting this Local Law Enforcement Block Grant, and comply with the special conditions to grant administration. 10A- ORDINANCE NO, 4760 (SECOND READING) APPROVING AN INTERLOCAL AGREEMENT WITH THE TRACYTON WATER DISTRICT: AND WAIVING THE PROVISIONS OF BMC 15.02,040 (#AB01-060): The first reading of this ordinance was heard at the Council meeting on March 7, 2001. There were no comments from the public. #1160 M/S/C/U (Reed/Rollman) Move that City Council approve Ordinance No. 4760 on second reading, adopting the Interlocal Agreement between the City of Bremerton and the Tracyton Water District, waiving the provisions of BMC 15.02.040 as it applies to that Agreement, and directing the Mayor to execute the attached Agreement. 11A - PUBLIC HEARING AND RESOLUTION NO. 2804, REGARDING RECOVERY OF DEMOLITION FEES FOR THE ABATEMENT OF A DANGEROUS BUILDING ON THE PROPERTY LOCATED AT 808-1/= CHESTER AVENUE (#AB01-065): Janet Lunceford, Building Specialist ]'T, established that in December of 2000, the City demolished a dangerous structure located on the property at 808-½ Chester Avenue after the owner, Equity Enterprises, failed to do so as ordered by the Building Official. The cost of this action, including administrative fees, totaled $6,528.33. Council must now decide if the costs are just and reasonable and how they should be collected. There were no comments from the public. #1240 M/S/C/U (Arends/Reed) Move that Council by Resolution No. 2804, order that the fees incurred for the abatement of a dangerous structure located at 808-¼ Chester Avenue be collected as reasonable abatement costs and become a lien against your property. 11B - PUBLIC HEARING AND RESOLUTION NO, 2805. REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF GARBAGE AND DEBRIS ON THE PROPERTY LOCATED AT 108 N. CAMBRIAN AVENUE (#AB01-066): Janet Lunceford, Building Specialist ]~]', reported that on January 8, 2001, Public Works removed garbage and debris from the property located at 108 N. Cambrian Avenue after the owner, William Smokoff, failed to do so as ordered by the Building Official. The cost of the action, including administrative fees, totaled $770.00. Council must now decide if the fees are just and reasonable and how the fees should be collected. It was confirmed that all means were attempted to contact the property owner. There were no comments from the public. Mrs. Arends asked if this location has had repeat problems. Mrs. Lunceford answered yes, that there have been past abatements at this property. Mr. Esser asked for specific amounts regarding the administrative fees. Mrs. Lunceford pointed out that in this particular abatement the garbage removal itself was $170 and the administrative fee was $600. It was reiterated that the Administrative Fee for Garbage and Weed Abatement during 2001 is $618 and Dangerous Building Abatement during 2001 is $865. Mr. Shepherd asked if the Department had considered notifying an individual if liens exceed the value of the property. Mrs. Lunceford stated that the County would foreclose on the property if there were no payment made by the fourth year of liens being accumulated. #1485 M/S/C/U (Farr/McConnell) Move that Council, by Resolution No. 2805, order that the fees incurred for the abatement of garbage and debris located at 108 N. Cambrian Avenue be collected as reasonable abatement costs and become a lien against the property. TAPES #1757 & #1758 City Council Reg. Mtg. Minutes March 14, 2001 Page 4 of 6 Cit_v Council recessed at 6:20 P.M. to allow time for review of documents for the foIIowin~l agenda item...the Cit_v Council Meeting reconvened at 6:40 P.M. 11C - APPROVAL OF SETTLEMENT OF MAYOR/COUNCIL DISPUTE OVER CITY ATTORNEY RESIGNATION (#AB01-067): It was summarized that the Council President and Mayor have entered in a tentative settlement of all issues relating to the City Attorney. Provision is made for the recruitment and hiring of a new City Attorney; provision for part-time Special Counsel until January of 2002; an ordinance clarifying Council/Mayor authorities relating to resignation of City Attorneys; release from liability and collateral agreement; suspension of all litigation costs and dismissal of the Council Complaint for Declaratory Action; a Study Session to consider changes to the Charter; and facilitation of the Council/Mayor working relationship. A City Attorney is to be hired as a funded position. Settlement provides for Special Counsel to be part-time subsequent to March 31, 2001. An amended contract and funding for the part-time position will follow at a later date. The proposed settlement reduces litigation expenses and contemplates dismissal of the City Council Complaint for Declaratory Action upon passage of the proposed ordinance relating to City Attorney resignations. President Law commented that the motions would address the ordinance, the settlement agreement, and release from liability and collateral agreement. Mr. Farr asked the public to address only the four items in their comments. Mr. She.oherd asked for point of order and requested that the issues be clarified prior to submitting to public comment. Mayor Horton stated that this document has required a great deal of negotiation. She supported moving forward and approving this settlement agreement; but added that there are additional issues to be addressed in the City Charter besides the resignation verbiage. In conclusion, she thanked all the individuals involved in this process. The following are summarized comments from citizens who s.~oke on this issue: Dr. Richard Grant stated that the citizen's did not approve a change in the City's form of government at the last election because they desired a "strong Mayor" form of government. He was now concerned that this agreement would "weaken the Mayor", and change how this City is run. Gordy Byrd was concerned over the idea presented in the settlement agreement that would remove agenda items from public comment. Mr. McConnell and President Law clarified that the settlement agreement is addressing items that could potentially be submitted by Council members for an Agenda, it is not addressing items that are actually on an Agenda, which still allow for comments from the public. Richard Neville asked how many attorneys the City would have, given this agreement, and what would Special Counsel's workload be; requested Council to consider fiscal responsibility; pointed out that there are many needs to be filled and that there are vacant jobs. Darren McDermott read a statement to the Council; asked that the issue be resolved quickly but not at the expense of the taxpayer; and asked for the resignations from Glenna Malanca, John Law, Ed Rollman, and Conrad Esser. Don Bollman advised that the Assistant City Attorney be appointed as City Attorney. TAPES #1757 & #1758 City Council Reg. Mtg. Minutes March 14, 2001 Page 5 of 6 ~ commented that the current events are bad for the City's image; asked for a "No Confidence Vote" for City-wide elected officials during the May 15 election. Paul Drn_ievic read a statement summarized as follows: 1) The problem stemmed from action with Bill Palmer and duties that arose from the Planning Department legal issues which led to the resignation; 2) Pointed out that this is actually a "vendetta", and that decisions made during a Study Session should not be allowed; and 3) He asked that he be allowed to comment upon additional comments made during the meeting. Elizab..e,.tb_~L~!~ supported the City Council's action in resolving the issue. Roy Mclnnis supported the proposed documents and affirmed that an agreement must be made, and agreed that the City Charter must be reviewed. Larry_ Dicker$on stated that changes must be made; and asked for a vote of "No Confidence" to be presented. John Lyell pointed out the cost that the dispute has brought upon investors and resulting loss of business; and asked for a vote of no confidence. Council comments and discussion: Mrs, Arends reiterated that the issue has involved a lot of compromise and that the Council will abide by the agreement. She also asked the citizens to consider the added cost for a Special Election when requesting the "No Confidence" vote. Mr. She.oherd promoted positive communication; and asked the Mayor to address what fund will the money come from to pay the attorneys; and why can't the Assistant City Attorney take over the work of the City Attorney. TAPE #1758 Mayor Horton responded that the possibility of the Assistant City Attorney being appointed as City Attorney was considered, however the qualifications and experience level listed in the current "City Attorney Job Description" may not be met. She also clarified that although she has not yet talked to the City Treasurer on this issue, it is probable that unused funds in the Legal Department due to the vacant City Attorney position would be transferred to the Council budget. A resulting Budget Adjustment would likely be presented next week. Mr. Rollman referred to a City Trends Report provided by the Association of Washington Cities, which showed that when a dispute occurs between a Mayor and a City Council, there is a negative impact on City business. Mr. Olsen stated that changes to the Charter must be placed on the ballot for a vote although Council can make recommendations; added that 5 Council Members are up for election and 1 Council Member may step down; specified that the cost of the special election would be $17,000; pointed out that following the agreement the Council would attend to the City's business. Mr. McConnell commended the Mayor for bringing this agreement forward. Mr. Farr hoped that any losses would be recouped following this agreement; and made recommendations for a possible amendment regarding Item 5 in the agreement. TAPES #1757 & #1758 City Council Reg. Mtg. Minutes March 14, 2001 Page 6 of 6 Mr, Reed apologized to the realtors for any loss in business given this situation; clarified that the agreement entails following the rules of the City; and the intent of the Council was to abide by those rules in interpreting the Charter and given responsibilities. #0600 Main Motion MIS/C/U (Shepherd/Esser) Move to approve the proposed Settlement Agreement between the Mayor and City Council, resolving all issues relating to the City Attorney. Motion carried unanimously. #0715 Amending Motion M/SIC (FardMcConnell) Move to approve the proposed Settlement Agreement between the Mayor and City Council, resolving all issues relating to the City Attorney, and striking the following from Item 5 "All current agenda items not for the positive good of the City will be removecf'. Voted in favor of the motion: Olsen, McConnell, Farr, Arends, and Reed Voted opposed to the motion: Rollman, Shepherd, Esser, and Law Amending Motion carried: 5-Yes; 4-No #0735 MISIClU (Shepherd/Farr) Move to approve release from liability and collateral agreement. Motion carried unanimously. #0745 M/SIC (Shepherd/Reed) Move to approve ordinance on first reading adding a new section to Chapter 2.06. Voted in favor of the motion: Olsen, McConnell, Rollman, Shepherd, Arends, Esser, Reed, and Law Voted opposed to the motion: Farr Motion carried: 8-Yes; l-No With no further business, meeting concluded at 7:40 P.M. Prepared and Submitted by: LORI SMITH, Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk JOHN LAW, City Council President City of Bremerton ' JL/PJ/Is/cge c: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: TRACYTON WATER SYSTEM FOR AGENDA OF: April 4, 2001 UPGRADE: BID AWARD ORIGINATING DEPT: PW&U Engineering Div/'),.., ORIGINATOR: Jennifer Strehler, City EngineerS/~ DATE SUBMITTED: March 27, 2001 CLEARANCES: (comment on back/J~9~s~,~-,, ~ 3. EXHIBITS 2. · . Director, Public Works/Utilities _~ *'2~. ~ ~ A. Bid Tabulation ~9~ City Attorney ~ ['~~ B. Location Map ,/--/ City Treasurer ~.~C~~ *,,abKPurchasing Agent ~ ~ , Council Budget & Finance Committee k.),D~~'~/ Operations Committee ENDO} S m T. 2( ImO TION aVPROV D BY COUN n ENT FOP,.SUB nTT U_ MAYORk~3,,~ ~7.-,~L ' COUNCILPRESID~Z~__~,~,,r...._~..~_~'~,,_.~,_/.../'/"~ 4. SI_IMMARY STATEMENT AND REQUIREMENT FOR CO~UNCIL ACTI/ON: The Tracyton Water System Upgrade project is part of the improvements required to bring Tracyton Water System into compliance with DePartment of Health requirements. Tracyton Water District has retained the City to act as engineer on the project through an Inteflocal Agreement. The District will fund all work necessary for the construction of these improvements to their system in accordance with the agreement. Bids for construction of these improvements were opened on March 22, 2001. The Engineer's estimate was $2,188,000. A total of 9 bids were received. Taurman Pacific Inc. submitted the lowest bid of $1,664,552 and Mid-Mountain Contractors submitted the second lowest bid of $1,793,372 (All bids include applicable tax). (Continued on Page 2) 8. RECOMMENDATION: The City Council award a contract for $1,664,552 (including taxes) to Taurman Pacific Inc. for construction of Tracyton Water System Upgrade project and, in the event that Taurman Pacific Inc. does not enter into the contract, award a contract to Mid-Mountain Contractors, the second lowest bidder, for $1,793,372 (including taxes) for the same project and authorize the Mayor to execute the .same in accordance with City policies and procedures. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE 11. AGENDA BILL NO: O{ - 67~ 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT - Continued: The recommended action before the City Council is award of a contract with Taurman Pacific Inc. for construction of Tracyton Water System Upgrade project, for $1,664,552 and, in the event that Taurman Pacific Inc. does not enter into the contract, that the City Council award a contract to Mid-Mountain Contractors for $1,793,372, for construction of the same project. 5. IMPACT ON NON-PASSAGE: The Tracyton Water District will not receive the improvements necessary to provide a viable water system and fire protection in the area. 6. IMPACT ON STAFFING, BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Staffing: No impact. City staff have been allocated for the construction administration and inspection. Budget: No impact. This project is financed through interlocal agreement by Tracyton Water District. Facilities/Equipment: No impact. 7. RESEARCH SOURCES [0 CITY OF BREMERTON BID TABULATION DATE OPENED: 3 ~¢ o~ TIME OPENED: &'co RECORDED BY .................... ~: ............... BIDDER ~EC'D ITEM 1 ITEM 2 ITEM 3 ITEM 4 ITEM 5 NET BID TAX TOTAL TRACYTON SERVICE AREA TRACYTON WATER DISTRICT DISTRICT & SERVICE AREA BOUNDARIES SERVICE AREA BOUNDARY ~~, WATER DISTRICT BOUNDARY AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Elected Officials' PERS FOR AGENDA: April .~ 2001 participation, and payment by City of ORiGiNATiNG DEPT: City Council discretionary contribtuions and interest payments ORiGINATOR: John Law, Council President DATE SUBMITTED: March 28, 2001 2. CLEARANCES:~(Comment onback if necessary) 3. EXHIBITS: ~~TIONS COMMITT/EE )~,~c~~. ,~y WAC 415-108-550 "'- ~ Ordinance No. Agenda Bill 97-106 FIS~3~I~ & BUDGET COMMITTEE ENDORSEMENT~ INFORMATION [] 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: In 1994 the State clarified elected officials' eligibility to elect membership in the Public Employee's Retirement System. The City was also granted the discretion to make employer contribution and interest payments for current elected officials for their current terms and any qualifying previous terms of office. On May 21, 1997, the Council exercised its discretion as indicated in Agenda Bill 97-106. It is now recommended that the City Council consider formalizing the 1997 action as an ordinance, providing direction and clarity to City Staff in the implementation of the Council's action. 5. RECOMMENDATION: Move to approve on 1st reading Ordinance No. , formalizing the City Council 1997 determination to exercise its discretion to make employer contribution & interest payments upon PERS membership of current Council members, to the extent authorized by RCW 41.40.023 and WAC 415-108-550. Move to pass on 2nd reading Ordinance No.__ 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIA L: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: 8. AGENDA BILL NO.: 01 - 07~ 9. IN.!PACT OF NON-PASSAGE: The 1997 action of the City Council to exercise its discretion to make payments for current elected officials obtaining membership in the State's Public Employee Retirement System would not be affirmed and clarified for implementation by City Staff 10. IMPACT ON STAFFING~ BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES: Varied and based upon elected officials' years of service with the City, as well as the number of elected officials seeking membership in PERS. 11. RESEARCH SOURCES: WAC 415-108-550 and RCW 41.40.023 To: City Council; Mayor Horton; CC: Citizen's Council Salary Commission, Kathy McCluskey ~:rom: Cilenna Malanca, Special Counsel Dat~: 4/4/2001 Re: Council Membership in State Retirement System Due to a recent expressed interest by a current Com~cil member in the State Public Employees' Retirement System, I had occasion to review the Legal Department's file regarding this legal issue. Additionally, on November 21, 2000, the Council requested a legal opinion in regards to a request from a previous Council member, serving from 1983 to 1991. Being currently employed by a different employer in a PERS eligible position, the request was made to the City Council for the City to pay the employer contributions and interest necessary for the purchase of back service credit. CONCLUSION: A current Council member's request for payment by the CiD' of the discretionary emplo~ver contribution and interest payments for current and previous terms of office is authorized by the May 21, 1997 action of the City Council On May 21, 1997, the City Council committed to pay the discretionary amoms upon a current Council member's establishment of membership. Any requests by current Council members should therefore be granted upon establishing member~daip, and the appropriate budget adjustment processed. The applicable State law and WAC does not so clearly anthorize the employer contributions and interest payments by the City for Council members not currently in office, even if the)' are currently employed by another employer in a PERS eligible position. Prior to 1994, some confusion existed regarding elected officials' eligibility for membership in PERS, as well as the appropriateness of the City's contribution as employer upon a Council member' s election of membership. Effective June 23, 1994, WAC 415-108-550 provides that elected officials may apply for membership for their current term of elected office, and establish membership and service credit retroactive to the first day of any previous term or terms of elected office. The City was also authorized to pay the required employer contributions, with interest on those contributions. The City payments on the employer contributions and interest are discretionary. On May 21, 1997, the City Council approved the payment of the employer's contribution, plus interest on that contribution, by action reflected oa Agenda Bill No. 97-106. It appears thal the relevant WAC allows this option only to current City Council members, and does not authorize payments by the City for any portion of the employees' (Council members) required contribution or interest thereon. Likewise, under the WAC the City's option to pay employer contributions and interest for previous terms of office is limited to payment for current elected officials. A Council member no longer serving on the Council, but employed in another eligible position under a different employer, would not automatically be eligible for the City of Bremerton discretionary employer contribution and interest payments. The Council can consider requests from former Council members WAC 415-108-550 Elected officials--Eligibility and application for retirement service membership. 415108550 (1/ For purposes of this section and WAC 415-108-570, and pursuant to RCW 41.40.023, 41.40.010 '(25) (b), 41.40.010 (9} {a) and 41.40.035, "elected" officials means individuals elected to any state, local or political subdivision office or individuals appointed to any vacant elective office. (2) Pursuant to RCW 41.40.023 (3) (a), elected officials are exempted from retirement system membership but may apply for membership during the official's current term of elected .office. To apply for membership, the official shall submit a written application directly to the department. If the department approves the application, the elected official is entitled to establish membership and service credit retroactive to the first day of the official's current term of elected service. To establish such membership, the official shall pay the required employee contributions for the official's current term of elected service with interest as determined by.the department. (3) Upon establishing membership for the official's current term of elected office, the official is entitled to establish membership and service credit retroactive to the first day of any previous elected term or terms of office. To exercise this option, the official shall apply to the department pursuant to subsection (2) of this section. If the department approves the application, the official shal~: (a) Pay the required employee contributions for such previous term or terms of elected service with interest as determined by the department; and (b) Pay the required employer contributions for such previous term or terms of elected service with interest as determined by the department. The employer may, at its discretion, pay the required employer contributions plus interest in lieu of ~h~ employee making pa~ent of this amount. (4) If an official is employed in an eligible position at the time of election to office and will hold multiple positions concurrently, the official may: (a) Apply to the department to participate in membership pursuant to the official's elected position as provided in subsection (3) of this section; or (b) Choose not to participate pursuant to the official's elected position while continuing membership through the nonelected position. (5) Except as provided under RCW 41.40.023 (3) (b), once an elected official has exercised the option of becoming a member of the retirement system the official shall be a member until the official separates from all eligible public employment pursuant to RCW 41.40.150. An official does not separate from public employment when that official's term of office ends and the official commences another term of .../fastweb.exe?getdo c+~ew2+wac+36941 +0++%20and%20%28WAC%20415-108-550¥o29~03/28/2001 office in the same or a different position for the same employer without a break in service. An official does not separate from service if the official resigns from the official's elected position and is later reappointed to the same position during the same term. (6) This section codifies the department's long-standing administrative practice in relation to elected officials. The department will apply this section to service by elected officials which occurred prior to the effective date of this section. [Statutory Authority: RCW 41.50.050. 94-12-014, 415-108-550, filed 5/23/94, effective 6/23/94.] .../fastweb.exe?getdoc+view2+wac+36941 +0++%20and%20%28WAC%20415-108-550%29 03/28/2001 AGENDA BHJ~ BREMERTON CITY COUNCI~ 1. SUBJECT: Policy approving employer FOR AGENDA OF: May 21 , 1997 contribution for council member PERS ORIGINATING DEPT: Council service credit. ORIGINATOR: I. Sievers, City Attorney DATE SUBMITTED'~t3/97 2. CLEARANCES: (Comment on back if necessary) 3. EX]R'IBIT$: //~.~/~.~ WAC 415-108-5~0  t~a~Resources Manager Treasurer ~_.~~ -~/t~ ~2.x_ FASC. & Budg. C(~IL/2~M~T~EES /~_~~ Operations ENDORSEMENT~INFORMATION [] APPROVED BY COUNCIL PRESIDEqWT FOR~SUBMITTAL: - 7 4. $1d-MMARY $.TATEMENT AND REQUIREMENT FOR COUNCIL A~FION: As elected officials, council members have the option of participating in the Public Employees Retirement System. Members may elect to join for their current term by paying past employee contributions plus interest with the Ci~ paying the employer's contributions. Council members may also elect to establish membership and service credit from the beginning of any previous term ser~,ed. The employer's contribution for these previous terms may be paid by the City.. To date the council has not exercised its discretion on paying the employer's contribution for prior terms. The motion approves City payrnent for years of service prior to the current term of office and directs the Council President to approve a written policy to this affect. 8. RECOMMENDATION: Motion: Approve City payment of employer's contribution and interest required for council members to establish PERS membership and service credit for all years in office, and direct a written policy be executed to that affect. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED ~ DISAPPROVED [] AMENDED [j DATE: (~OUNCIL DIRECTIVE: ll. AGENDA BILL NO.: qT- 10¢ iq 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: Council members could still qualify for additional years of service credit in PERS by paying the employer' s conthbution and interest. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMEtNrl' OR OTHER RESOURCES: 1997 budget: Council member Colvin has established membership and if he elects to extend membership to 1986, the Ci .ty's discretionary, contribution would be appro.'dmately $5,000. No additional approriation is needed. 7. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE Providing for the City of Bremerton's Exercise of its Discretion in Making Contribution and Interest Payments to the State of Washington Public Employees Retirement System on Behalf of City Elected Officials Electing to Establish Membership; Affirming and Clarifying the May 21, 1997 Action of the City Council Taken Under the Authority of State Law. WHEREAS, in 1994 the State adopted WAC 415-108-550, under the authority of RCW 41.50.050, providing for the inclusion of certain elected officials in the State Public Employees Retirement System, and authorizing current elected officials to buy back service credits in the System to the first day of previous terms served; and WHEREAS, by Council action on May 21, 1997, the City Council exercised its discretion, authorized under RCW 41.40.023 and WAC 415-108-550, to pay the employer's contribution, plus interest on that contribution, toward the PERS accounts of current elected officials establishing membership in the System; and WHEREAS, the City Council now desires to formalize and cladfy its May 21, 1997 action; Therefore THE CITY OF BREMERTON DOES HEREBY ORDAIN: CITY CONTRIBUTION TO ELECTED OFFICIALS' ESTABLISHED PERS ACCOUNTS SECTION 1. The City Council hereby exercises its discretion, authorized pursuant to WAC 415-108-550 and RCW 41.40.023, to pay employer contributions and interest thereon on established PERS accounts of qualified City elected officials. SECTION 2. A qualified City elected official making application for membership in the Public Employees Retirement System dudng their term of office, and upon establishing membership, shall be entitled to employer contributions, plus interest, payable by the City, authorized by WAC 415-108-550 and RCW 41.40.023 as those provisions now exist, or are hereafter amended. SECTION 3. Former elected officials must make a request to the City Council for City payment of employer contributions and interest, for Council consideration and determination. Upon establishing PERS membership, and a determination by the City Attorney that such employer contributions and interest could be lawfully paid by the City, the Council shall render a decision upon the request. In the event that no City Attorney is serving at the time of the request, Municipal Research Service Center may be requested to render a legal opinion relating to the legality of the City contributions and interest thereon, specific to the former Council member's request. SECTION 4. The City Council action of May 21, 1997, reflected on Agenda Bill 97-106, is hereby affirmed. SECTION 5. EFFECTIVE DATE. This ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council on the first reading this ~ day of ,2001. PASSED by the City Council of the City of Bremerton this __ day of ,2001. JOHN LAW Council President APPROVED this __ day of ,2001. LYNN S. HORTON Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk AGENDA BILL IBREMERTON CITY COUNCIL 1. SUBJECT: ,Aide, 2.~<D ~ FOR AGENDA OF: 04/04/2001 A resolution to partner with the University of ORIGINATING DEPT: Fire Washinton Sea Grant Program to d~emonstrate ORIGINATOR: Al Duke, Fire Chief the effects of an earthquake/tsunami on the DATE SUBMITTED: 03/27/2001 waters of Kitsap County. 2. CLEARANCES: Comment'of back if necessary) 3. EXHIBITS: Operations ~~..d~~~-~ Resolution ,~. ~ (D ~ Finance \'- -'~ / Assistant City Attorney ~"'~-.-J~ ~ (~ l ~ This resolution is an invitation to partner with the Port of Bremerton, City of Port Orchard and Kitsap County to demonstrate the potential impacts of the effects of an earthquakeltsunami hazards within Sinclair inlet. Once the hazard vulnerablity are identified, mitigation or hazard reduction programs could be developed. 8. RECOMMENDATION: A motion to pass Resolution # 2- ~OcL"~ o 9. RESPONSIBLE OFFICIAL: Al Duke, Fire Chief ENFORCEMENT OFFICIAL: , EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION COUNCIL DIRECTIVE: 11. AGENDA BILL NO: 0 [ -- C)~O 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Would not realize the impacts of a tsunami on the Sinclair inlet. 6. IMPACT ON STAFFING, BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES: There are no financial impacts to this resolution, only staff time, 7. RESEARCH SOURCES: RESOLUTION NO. ~-.80~ A RESOLUTION to partner with the communities of Kitsap County and Kitsap Count), Emergency Management Council in support of an earthquake/tsunami hazards demonstration progra~ sponsored by the University of Washington Sea Grant Program. WHEREAS, the Sea Grant programs in Washington and Oregon have proposed to work with west coast ports and waterfront communities to help plan actions that would reduce their vulnerability to earthquake and tsunami hazards, and ~fltEREAS, Kitsap County has experienced earthquakes in the past, and scientific evidence indicates Sinclair Inlet is particularly vulnerable to earthquakes and tsunamis generated on the Seattle fault, and WHEREAS, earthquake and tsunami hazard information and models and local Geographic Information System (GIS) data to help assess our communities' vulnerability are available for Sinclair Inlet, and WHEREAS, the land and water uses around Sinclair Inlet are representative of many port and harbor communities around Puget Sound, and the presence of community-wide support for undertaking a demonstration project augers well for success, and WHEREAS, the Washington Sea Grant Program, University of Washington, has identified the Sinclair Inlet port and harbor community, comprising the Cities of Bremerton and Port Orchard, the Port of Bremerton and Kitsap County, as representing the best opportunity for a successful earthquake/tsunami hazards reduction demonstration project partnership in western Washington. NOW, THEREFORE BE IT RESOLVED by the Bremerton City Council to accept the Washington Sea Grant Program invitation to partner with Kitsap County and the City of Port Orchard, within the Sinclair Inlet port and harbor community to undertake this demonstration project and encourage its members to provide adequate stafftime to support this partnership effort. PASSED by the City Council of the City of Bremerton on this 4th day of April, 2001. JOHN LAW, Council President AGENDA BILL COUnCiL 1. SUBJECT: Resolution calling for Good FOR AGENDA: ~,.ai-c., 2g, .... Goverance and Scheduling Council Goal and ORIGINATING DEPT: City Council Priority Determinations ORIGINATOR: Council Member Ed Roliman DATE SUBMITTED: March 21, 2001 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: HEARD AT COt4HITTEE 3/21/01 Resolution No. 2807' COUNCIL OPERATIONS COMMITTEE HEARD AT CObibllTTEE 3/21/01 FISCAL & BUDGET COMMITTEE ENDORSEMENT I"-] INFORMATION [] APPROVED FOR SUBMITTAL: MAYOR ....~'~ .~ ~ ~.~ COUNCIL PRESIDEN~~-~'~' .~-~% ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: A Resolution calling for an end to all discord and accusatory conduct within City government; seeking expedient movement towards facilitation with the Mayor; and scheduling the Council's determination of the City's goals and priorities for 2001 for submittal to and implementation by the Mayor. 5. RECOMMENDATION: Move to pass Resolution No. 28o7 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: PULLED [] TABLED ~] APPROVED [-] DISAPPROVED []--] AMEND~i~ ~ ~ll~: Ill:5 COUNCIL DIRECTIVE: 8. AGENDA BILL NO.: 0 1 "- 9. IMPACT OF NON-PASSAGE: The Council will not have expressed its commitment to bettering the government of the City of Bremerton and calling for an end to all counter-productive and negative actions within the government. Additionally, important policy-making determinations of the Council will not be scheduled for immediate consideration and action. 10. IMPACT ON STAFFING~ BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Council action is needed to prioritize the use and allocation of all City resources. 11. RESEARCH SOURCES: RESOLUTION NO. 2807 A RESOLUTION OF THE BREMERTON CITY COUNCIL CALLING FOR A UNIFIED AND AMICABLE EFFORT TO EXPEDITE COMPLIANCE WITH THE TERMS AND SPIRIT OF THE MARCH 14, 2001 SETTLEMENT OF THE ON- GOING DISPUTE BETWEEN THE MAYOR AND CITY COUNCIL; SEEK FACILITATION OF THE WORKING RELATIONSHIP BETWEEN THE MAYOR AND CITY COUNCIL; CONTINUE TO FOCUS ON THE IMPORTANT BUSINESS OF THE CITY, INCLUDING THE COMMITMENT TO SET GOALS AND PRIOITIES FOR THE CITY; AND REJECT ALL DERISIVE COMMENTS AND PROPOSED ACTIONS THAT UNDERMINE THE SPIRIT OF THIS RESOLUTION. WHEREAS, the Bremerton City Council and Mayor Lynn Horton entered into a settlement agreement on March 14, 2001 with a view and commitment to end the four- month dispute over their respective powers and authorities as granted by the City Charter; and WHEREAS, the settlement agreement provides a mechanism for forward movement of the City and its business through facilitation of the parties' working relationships; and WHEREAS, the settlement agreement as proposed included a provision for the elimination of all motions and actions coming before the City Council that are not for the good of the City in the conduct of its business; and WHEREAS, the provision was unfortunately removed by Council from the terms and conditions of the settlement agreement prior to March 14 adoption of the agreement; and WHEREAS, the City of Bremerton now faces immediate challenges and opportunities which require all parties to focus and expend fruitful efforts in the best interest of the City; and WHEREAS, under Section 12 of the City Charter, it is within the powers of the City Council to set the goals and priorities for the City, and to forward them to the Mayor for implementation; Therefore: BE IT RESOLVED BY THE BREMERTON CITY COUNCIL 1. That the City Council seek and encourage speedy implementation of the March 14, 2001 settlement agreement between the Mayor and City Council in an effort to finally resolve all issues underlying the dispute between the City Council and Mayor; and 2. That every possible effort be made to respect each other's differing opinions with no recourse to attempts to embarrass, belittle or engage in other counter-productive allegations or charges as to all parties involved. 3. That the City Council commit to the formulation of goals and priorities for the City government, and forward them to the Mayor no later than April __ for implementation during 2001. 4. That the City Council embrace facilitation with the Mayor to be scheduled at the earliest opportunity; and that each Council member commit to place the best interest of the City above past differences; and to continue our on-going efforts to address the City's serious business, which has been entrusted to us by those who possess the ultimate and final authority, the voters. PASSED, by the City Council of the City of Bremerton this day of April 2001. JOHN LAW Council President ATTEST: KATHLEEN McCLUSKEY, City Clerk AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing- Solid Waste FOR AGENDA OF: April 4, 2001 Collection Request for Bids ORIGINATING DEPT: Administration ORIGINATOR: Kathleen McCluskey  DATE SUBMITTED: March 29, 2001 2. CLEARANCES: (Comment on back if necessary) } 3. EXHIBITS: '~.. irector of Administrative Service-'~'- ----~-4__x.__~ ~ · Summary of Proposed Solid Waste Services 'Operations Committee STUDy SESSION 3/21 Fiscal & Budget Comm. STUDY SESSION 3/21'/01 ENDORSEMENT ,X INFORMATION~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: / 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCI TION: The City of Bremerton, through its Solid Waste Advisory Committee, is in the process of developing a Request for Bids (RFB) for Solid Waste Collection Services for a minimum period of five years commencing January 1, 2002. The purpose of this public hearing is to present Committee recommendations and take input from Bremerton citizens regarding the terms and conditions for garbage, recycling, yard waste, and other special waste collection services to be included in the RFB. Staff will consider the input in finalizing the provisions of the RFB. No official action is required of the City Council. 8. RECOMMENDATION: No official action is required of the City Council. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: T2~ 11. AGENDA BILL NO: bi - 0/~ 1 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: No action is required of the Council. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES. EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: /\970122_1 .ab} SUMMARY OF PROPOSED SOLID WASTE SERVICES Single Family: Four units or less Multi-family: Five units or above Residential and Multi-Family Recycling: · Collection schedule Base Bid: Every,. other week cart Residential - 64 gallon · Bid alternatives for Residential: weekly cart; every other week 3 bins, and weekly 3 bins. · · Weekly cart/container - Multi-F .amiI.' y (five units or above) Recyclables: · Aluminum cans and foil · Corrugated cardboard - two feet by three feet, flattened, bundled · Glass containers - brown, green or clear jars and bottles · Mixed paper · Newspaper · Plastic containers - # 1 and #6 bottles, jugs and mbs · Polycoated cartons and boxes - plastic coated · Scrap metal- must meet size requirements · Tin cans - food and beverage cans · Motor Oil -placed in. one gallon plastic milk jug with secure lid: (This service will not be provided for multi-family dwellings.) Yard Debris: leaves, grass, clippings of woody as well as fleshy plants. · Collection schedule: ever2 other week_ d_uring the months of March through November and monthly aurmg the months ot Decemt)er, Januaw and k ebruary. 96-gallon cart. This is a stibscription service. Miscellaneous: · Contractor must offer level of service that is comparable to that previously offered by the prior contractor. · Collections between 6:30 a.m. and 5:00 p.m. residential · Collections between 6:00 a.m. and 5:00 p.m. 6ommercial · Carry out service for disabled at no extra charge · Garbage, residential recyclables and yard debris collection on same regularly scheduled day of the week for single family residential. On termination of contract all recycling cans, yard debris carts and mukifamily recycling containers become the property of the ~ity, at our option Once each year, on a week specified by the City, the contractor shall collect bulky wastes fi.om all single-family residential customers within the service area. Limited to one cubic yard, sixty pounds in weight, 3 V2 feet in length and shall exclude tires and large scrap metal items such as appliances and bicycles. · Free service to all city facilities, parks and sidewalk litter containers · Payment of Administrative fee by contractor to City (amount?) · Term five years with two two-year extensions at City option · Annual increase based upon 60% of CPI for the Seattle-Everett- Bremerton Metropolitan Area for Urban Wage Earners and Clerical Works, all items. · Contract can be adjusted for increase/decrease in Kitsap County disposal fee. 33 APRIL 4, 2001 ~Rii',~i~TC)~ CiTY COUNCIL 2~ 4th Takinm their recyclin~ material to the ~rop off station is an option available to County Residents, Out ~e as residents of the City of Bremerton ~o not have that option available to us. '~e are required co use Curb ~i~]e Jervice. ~emior Citizens, ',~ho are eligible for Property Tax Relief & live in the County have the option for recyclin~ exemption, but ~enior Citizens ~ho are elisibie for Property Tax ~elief g- live in ~he City of Bremerton do not have that option available to them. '~e are bein~ pena!ize~R for living in t~ne City of Bremerton. Ve hope these options viii be available to City Residents in the ne.v Stem-Air Disposal Contract. THANK YOU. RALPH & 2STTY F7fCHS 3800 Nome Drive Bremerton, WA 98310 March 26, 2001 The Honorable Lynn Horton, Mayor City of Bremerton R ~IIC~I VaD city Hall Bremerton, WA 98337 .~AR ~ !~ ~001 Re: Trash service D T. OF PUS WKS. & JU ES Dear HayoT Horton: [~ve been on you side in the Ha[lenca affair. But regarding the trash service . . . it's great as is~ and the price is Tight. [ stTongIy object to any changes. The thought of'having a 64 gaZ- [oR garbage canp~cked up every t~o ~eeks is horrible, in the sum- mer ~hen [[ gets hot~ think ho~ it is going to stink and attract vaTmints. There's ~othing ~ a[~ ~rong ~i~h the t~o b[ue recycZe bins. ThiRgs are neat sRd ordeT[y instead of be[ng ali thrown together ~s ~ ho~Tibie~ disgusting mess. I am disabled and ~a[k ~[zh a cane~ but Z have been able to ~heeZ the g~rbage can and the recycle bins out to the curb using a that Z have. The yard ~as~e is something e[se. [ have to have some one hau~ it out to the curb for me. Nith the change~ [~[ have to have someone hsuZ the garbage can and Tecycie bin out ~o the curb. The ~y it is no~, Z keep the garbage can end the t~o' b[ue recyc[e biRs ~ the garage ~here ~hey are convenient for disposing of garbage and recyc[ab[es. No~ they ~ be out in the yard those t~o big bins. I [ike an attactive yard and spend a lot to keep [t tha~ ~sy. b~d enough to have the yard ~aste bin sitting out among the shrubs. No~, ~ith this ne~ proposal, we~[[ have t~o more of the ugly things s[~[[ng ou~ [n the yard. [ ~[~ not be able ~o porvide space for t~o big bins iR mY gaTage~ so I~d have to go out into the weather to put stuff in these bins. Have mercy[ Please don~t go along ~ith this lousy scheme[ Yours truly, ALMEDA ~I LSO~