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PROVED
TAPES #1761 & &1762 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES HAY
April 4, 2001
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4'h Street, Bremerton, Washington, Wednesday, April 4, 2001, at 5:30 P.M.,
with Council President John Law presiding. Council members present were Jim Reed, Conrad Esser,
David Fart, Mike Shepherd, Ed Rollman, Cecil McConnell, and Wayne Olsen. Council member Carol
Arends was absent. Aisc present were Deputy City Clerk Paula Johnston; Assistant City Attorney
David St. Pierre; and Legislative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed
by the invocation given by Council President John Law.
President Law made the following announcements:
1) A Pre-Council Session was held in the Conference Room to discuss general Council business.
2) Item "118 - Resolution No. 2807. Calling for Good Governance and Scheduling Coun¢il Goals &
Priorities" was pulled for one-week.
CONSENT AGENDA
A. Minutes of Meeting - March 14, 2001 (#AB01-077)
#0023 M/S/C/U (McConnell/OIsen) 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.
#0043 M/S/C/U (EssedReed) On April 4, 2001, the Council does approve for payment those
vouchers included and further described as follows: Checks 250696 through 250891 in the amount of
$477,075.14; and Regular Payroll in the amount of $957,685.71 for the pay period ending 3/31/01.
COUNCIL MEMBER REPORTS
Conrad Esser encouraged the public to meet at the downtown boardwalk to participate in the
"Sinclair Inlet Clean-Up" event on Saturday, April 21, 2001 from 11:00 A.M. to 2:00 P.M.
David Farr stated that because he would no longer be a resident of District #6, he submitted his
resignation letter, officially resigning from his position as Council member of District #6. He offered a
few observations from his last seven years, and thanked the citizens of the City for allowing him to
serve. He then particularly encouraged women and persons of color to apply to fill his vacancy.
Mike,,Shepherd discussed the demand for the "Mudgie's" candy, made in honor of the City's
Centennial Celebration; and announced the official opening of the "Atfraverso L' Acqua Art Gallery
Studio" the night of the First Friday Art Walk. Artists interested in space may call 479-3163 at the
gallery located at 2207 East 11th Street in the Manette Business District.
Ed Rollman was pleased that Freddie Perry was included in a list of citizens nominated for the
Jefferson Award. She is a local historian nominated by Mr. Rollman, for her work in documenting the
past 100 years of Bremerton's history in a book that will be available this fall. He also discussed a
special photo display on Bremerton history at the Kitsap Historical Museum during the Armed Forces
celebration. He thanked David for his service to the City and echoed the encouragement for a
diversified group of citizens to apply for the District 6 Council member position.
TAPES #1761 & #1762
City Council Reg. Mtg. Minutes
April 4, 2001
Page 2 of 6
Cecil McConnell wished David good luck and best wishes.
Wayne Olsen also wished David good luck, and thanked him for his service. He noted that he has
talked to the Parks Department regarding complaints of the lights being left on at Lion's Field while no
activity is taking place on the field. It was explained that groups have signed up to use the field, and
then do not show up. The Parks Department is trying to correct the situation. Lastly, he encouraged
citizens to attend the meeting on the "Government Center'' on April 9 at 7:30 P.M. in the Bainbridge
Island Council Chambers.
John Law acknowledged the efforts of all those who participated in organizing the successful
Bremerton Centennial Dinner & Auction last Fdday night at the Admiral Theater, particularly Charlene
Burnette, and thanked all those who attended. He also discussed the process for filling the vacant
District 6 Council member position, and announced that applications would be available in the Council
office, and accepted until next Wednesday, April 11, at 4:30 P.M.
Vice-President She_oherd invited David Farr to the podium, where he was presented with a plaque,
"In Recognition of his Significant Contribution to the City of Bremerton as City Council Member for
District #6 for 7 Years, and as Council President for 2 Years in 1997 & 1998".
On behalf of the Mayor, a proclamation was read to proclaim April 1, 2001 as the 129th anniversary
celebration of "ARBOR DAY" in the City of Bremerton, and all citizens were urged to celebrate Arbor
Day and to support our efforts to protect our trees and woodlands.
LEGISLATIVE REPORT
Stated it has been a pleasure working with Council member David Farr for the past 7 years, and that
his service to the City would be missed.
PUBLIC RECOGNITION
Helen Miller, on behalf of the Mayor, who was unable to attend the meeting due to an illness,
thanked David Farr for his contributions to the community during his service as Council member of
District #6 for the past 7 years.
~[~3JJ.~Mg~.y reported on the phenomenally successful "Dinner & Silent Auction" fundraising
event, which netted $29,000 for the City's Centennial Celebration. She also announced the
Bremerton Area Chamber of Commerce sponsored "2001 Hyas Tyee Award Dinner" at the Kitsap
Golf & Country Club on Thursday, April 12, beginning with a 6:00 P.M. social hour. She too thanked
David Farr for his dedicated service to the City, and his help to the community.
Anna Laurie stated it was four years ago that she met David Farr at a City Council meeting, and was
so impressed, she married him 8 months later!
Lar Diry__~ expressed his deep respect for David Farr, and was sad to see him go.
Roy Mclnnis stated that due to the resignation of the previous pastor at Sinclair Missionary Baptist
Church in December, he announced that Rev. Melvin Day Hendricks, who is also serving as a
Chaplain at the Naval Hospital, would serve as the interim director until the position can be officially
filled. He too acknowledged David Fart for his service to the City.
TAPES #1761 & #1762
City Council Reg. Mtg. Minutes
April 4, 2001
Page 3 of 6
Patri~:k Romnaigh-CooDer, and other representatives of the Metro_Dolls Art Gallery_ invited the
Council and the public to attend the "Church of Sodium Chloride Rival Revival' during the First Friday
Art Walk on April 6 beginning at 7:00 P.M.
9A -BID AWARD TO TAURMAN PACIFIC INC FOR TRACYTON WATER SYSTEM (#AB01-078):
Public Works & Utilities Director Gene SamDley reported that the TracytQn Water System Upgrade
Proiect is part of the improvements required to bring the 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 Interlocal 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). 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.
~ asked why the City was involved with this project. Mr. Sampley responded that
due to the Tracyton Water System not having staff to do the work, the City entered into an agreement
to provide assistance; and ultimately, the City will own the system.
#1740 MISIClU (FardOIsen) Move to 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 a 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.
10A- ORDINANCE (FIRST READING) PROVIDING FOR ELECTED OFFICIALS' PERS
PARTICIPATION: AND PAYMENT BY CITY OF DISCRETIONARY CONTRIBUTIONS AND
INTEREST PAYMENTS (#AB01-079): Council President John Law pointed out that in 1994, the
State clarified elected officials' eligibility to elect membership in the Public Employee's Retirement
System (PERS). 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 City Council's action.
S n r Hornin asked that he be allowed to now apply for PERS benefits for his three-terms as a
Council member because he had asked to join while he was still a Council member, but was told by
lan Sievers, then City Attorney, that Council members were not allowed to join because they were
part-time. He stated that he has since talked to Mr. Sievers, who admitted he had made a "mistake",
and that he had a right to join, but was denied that right because of the incorrect information. He did
not understand why current Council members were eligible, but he was not.
Bert Gegner asked if there was a policy in place that stated how far back a Council member could
still ask for benefits, and what amount of money would need to be budgeted. Mr. Shepherd clarified
that when Mr. Homing first brought his request before Council, these very questions were asked, they
are simply waiting for answers, and Mr. Horning's request has not been denied.
TAPES #1761 & #1762
City Council Reg. Mtg. Minutes
April 4, 2001
Page 4 of 6
Mr. McGonnell pointed out that the City does not make the decision on whether or not a person can
join PERS, that is up to the Department of Retirement for the State of Washington. Mr. Homing
stated that was correct, and after contacting the department, he was informed that he was eligible,
and it was his understanding that the City was responsible for paying the City's portion of back dues
and interest. He voiced his concern that he approached the City 6-months ago, and has still not
received a response. Mr, McConnell referred to WAC 415-108-550, which spells out the criteria for
becoming a PERS member...a letter must be written to the department, and if accepted as a
member, it is the member who must agree to pay back the system -- the "Employer, at its discretion,
may pay their portion". He further asked if Mr. Horning could provide the City with a copy of the
response letter he received from the State. Mr, Homing stated that he could, along with letters from
the past Human Resources Director and City Attorney addressing his previous requests to join.
President Law reiterated that when the Council was originally approached with this request,
additional information was requested, but to-date has not yet been received.
Mr. Olsen established that Special Counsel has diligently researched this issue, and will be bringing
back an amended ordinance that will include past Council members. He stressed that it was wrong to
blame this Council for the 6-month waiting period because they had asked some hard questions, and
had not yet received any answers. Mr. Hornino reminded the Council that there was no way for him
to know what was coming next week.
~, Administrative Services Director, acknowledged this issue may have "fallen
between the cracks", but explained that letters were sent out to all past Council members to find out
who might be likely to join. She stated that not one other member showed any interest in joining.
#2590 M/S/C (Shepherd/Reed) Move to approve on first reading an ordinance, formalizing the City
Council 1997 determination to exercise its discretion to make employer contribution and interest
payments upon PERS membership of current Council Members, to the extent authorized by RCW
41.40.023 and WAC 415-108-550.
Voted in favor of motion: Shepherd, Esser, Reed, Olsen, McConnell, Rollman, and Law
Abstained: Farr
Motion carried: 7-Yes; l-Abstention
11A - RESOLUTION NO. 2808. TO PARTNER WITH THE UNIVERSITY OF WASHINGTON SEA
GRANT PROGRAM TO DEMONSTRATE THE EFFECTS OF AN EARTHQUAKE/TSUNAMI ON
THE WATERS OF KITSAP COUNTY (#AB01-080): Fire Chief Al Duke stated that 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 earthquake/tsunami hazards within Sinclair Inlet.
Once the hazard vulnerability is identified, mitigation or hazard reduction programs could be
developed.
Eliza hJ~e~__~&e_[Lencouraged the City to be prepared for future natural disasters.
#2770 M/S/C/U (Reed/Olsen) Move to pass Resolution No. 2808.
111= Dl:Qt'~ll I I'rlJ"~ikl Mi"~ ~)~t~"J' ~AI I Ilklt~- ~i~lr.J t~_iP~lr~rt ~"C-_~'~%/~=DldAINIJ'~' Alkll~ Qr~l.l~'r'tl II
~"'r'll Ikli"~ll ~'*~-~'*'~AI e A.I~II~ DDI~"IDITIC~ /~ADnd_n'~d~. Item was pulled for one-week.
TAPES #1761 ۢ
City Council Reg. Mtg. Minutes
April 4, 2001
Page 5 of 6
12A - PUBLIC HEARING ON SOLID WASTE COLLECTION REQUEST FOR BIDS (#AB01-081):
Administrative Services Director Kathleen McCluske_v reiterated that 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 5 years, commencing January 1, 2002.
The members of the Solid Waste Advisory Committee are Lyle Nelson (representing residents) Steve
McDaniel (representing commercial businesses), Council members John Law and Wayne Olsen, and
City staff members Kathleen McCluskey (Administrative Services Director), Gene Sampley (Public
Works & Utilities Director), and David St. Pierre (Assistant City Attorney).
The purpose of this public hearing is to present Committee recommendations, and to 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. It was noted that input would be taken from the public, and then passed
on to the Solid Waste Advisory Committee and the consultant. It is hoped that the contract would be
going out to bid in a few weeks.
TAPE #1762
~[,J~J~L~L~t~Y liked the changes to the proposed contract, but asked the Council to consider the
favorable service of the current provider, as well as their excellent contributions and participation in
many community events.
~ suggested service would be better if garbage cans were uniform in size, and
made available through the provider.
Bert Ge_~ner expressed the specific concerns that landowners have with liens placed on their
properties from tenants that do not pay their garbage bills. Alex Olsen. President of Puget Rental
Owners Association, elaborated further on that issue, and also asked for a copy of the draft contract.
S_oencer Hornino suggested that Council look closely at the mandatory garbage service for
commercial property owners. He suggested that owners should only be accountable for 1-can
service or the equivalent, not for the amount decided on by the renter.
Ms. McCluske_v addressed the mandatory garbage collection issue due to the high rental community
in the City, and the related problems when people stop paying. Because cutting-off service is not an
option, the collector would have to "eat the cost" of the bad debt, and would probably pass that cost
onto all of the citizens of Bremerton. The question then becomes, should the cost of the bad debt get
spread to all the citizens of Bremerton, or should the owner of the business or rental unit become
responsible? A system of notification is in place to notify property owners as soon as a problem is
discovered. Mr. Ge_oner established his belief that the person who "places the garbage out to be
collected" is the person who should be responsible to pay the bill, and that greater effort should be
made to see that they take care of their own bad debt, not the landlord or the commercial owner.
Dianna Rider related a story about a rental property she had just moved into that had a problem with
rats due to the large amount of garbage left from the previous renters, and hoped there was a way to
prevent a similar situation.
Roy Mclnnis noted that "who is responsible for the bad debt" has been a continuous debate for many
years, but believed that the property owner is the one who collects the rent, and therefore should hold
the responsibility.
TAPES #1761 & #1762
City Council Reg. Mtg. Minutes
April 4, 2001
Page 6 of 6
J.&EEyJ~iCJ~:~ pointed out the cost of garbage collection is usually reflected in the rent, and
supported the mandatory collection of garbage to prevent abatements and the related costs.
Terry_ Bickle, Brem-Air Disposal District Manager, stressed the reason many cities go for mandatory
garbage collection is to protect the citizens from uncollected garbage. He also addressed the issue of
liens, which he stated is used as a "last resort" because it is a very cumbersome, expensive process.
Elizabeth Buell commented that she received complaints after cleaning out her garage.
Mr. Reed understood the need for mandatory garbage collection, but asked if other options were
considered for mandatory recycling, such as monthly if pick-up was possible rather than bi-weekly.
Mr. Shepherd discussed how a community deals with its refuse is the difficult question.
Mr. Esser asked if there was a way for the landlord to use his discretion in requesting a business
owner or tenant to pay his or her own garbage service. He also asked if the effects of the mandatory
recycling could be lessened for citizens who utilize other ways of recycling.
Mr. RQIIman commended the members of the Solid Waste Advisory Committee for their efforts.
President Law stated that in conclusion, the next Solid Waste Advisory Committee would be
rescheduled to Monday, April 9, 2001 at 2:00 P.M. in the Council Conference Room to discuss the
issues raised tonight, and reiterated that members of PROA were welcome to attend.
This was a public hearing to receive comments therefore no official action by the Council is required.
With no further business, meeting concluded at 7:55 P.M.
Prepared and Submitted by:
LOEI'SMITH, Legislative Assistant
Attest:
PAL~.~ J~T-"~l~,,'E~ep~ty ~ity Clerk
/
.,/,cIOHI~ LAW, C~ty Council President ity of Bremerton
JL/PJ/Is/cge
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