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TAPE #1770 UNAPPROVED DRAFTA?PR0VED
CITY COUNCIL MEETING MINUTES
May 23, 2001
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4t" Street, Bremerton, Washington, Wednesday, May 23, 2001, at 5:30 P.M.,
with Council Vice-President Mike Shepherd presiding. Council members present were Jim Reed,
Conrad Esser, Carol Arends, Eric Younger, Ed Rollman, and Wayne Olsen. Council President John
Law and Council Member Cecil McConnell were absent. Also present were Assistant City Attorney
David St. Pierre; Deputy City Clerk Paula Johnston; 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 Pastor Lar~_ Rodgers of Central Kitsap Christian Church.
Vice-President She_~herd made the following announcements:
1) A Pre-Council session to discuss general Council business was held prior to the Council Meeting;
2) Council will reconvene in the Council Conference Room immediately following the meeting for a
Study Session to discuss "COMPUTER HARDWARE AND SOFTWARE ACQUISITION";
3) A Study Session will be held on May 29, 2001 following the City Council Meeting to discuss
"UTILITY RATES";
4) The Meeting scheduled for Wednesday, May 30 has been changed to Tuesday, May 29th;
5) The City Council and Mayor will be participating in a "RETREAT" on Wednesday, May 30th from
12:00 P.M. to 8:00 P.M.; and
6) An Emergency Item has been added to the agenda and shall be heard as Item 11A- "Emergency
Ordinance No. 4763, Declaring an Emergency; Approving Purchase of Replacement Electrical
Control System for Wastewater Pump Station CW-f ; and Waiving Bid Procedures".
CONSENT AGENDA
A. Budget Adjustment No. 2001-9 for Equipment Rental Fund 510 (#AB01-108)
#0085 M/S/C/U (Arends/Younger) 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.
#0106 M/S/C/U (Esser/Arends) On May 23, 2001, the Council does approve for payment those
vouchers included and further described as follows: Checks 252347 through 252554 in the amount of
$466,647.32; and Regular Payroll in the amount of $791,688.49 for the period ending May 15, 2001.
COUNCIL MEMBER REPORTS
~ recognized all of the High School Seniors who will soon be graduating, but cautioned
and encouraged them not to drink and drive as part of their celebrating.
Carol Arends discussed a road closure at Callow & Burwell, and thanked everyone for their patience
during the construction. She was upset at having an intruder who pried off a window screen, and
stole some items off her desk. She cautioned others in the area to be careful.
Eric Younger announced that he and Carol would be holding a combined District 6 & 7
Neighborhood meeting on Thursday, May 31, 2001 beginning at 6:30 P.M. in the Boardroom at the
Bremerton School District Administration Building located at 134 N Marion Avenue. Detective Keith
Sargent and Sergeant Larry Hill from the Police Special Operations Unit will discuss
"Methamphetamine".
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City Council Reg. Mtg. Minutes
May 23, 2001
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Ed R~llman thanked Pat Wright and the volunteers involved with organizing the Armed Forces
Festival; and encouraged people to check out the historical display located at 4th and Pacific.
Wayne Olsen thanked Ray Ann Randall, Activities Director of Belmont Terrace Convalescent Center,
for inviting him to the Dedication Ceremony as part of the National Nursing Home Week which took
place May 13-19; congratulated Chief West of Central Kitsap Fire and Rescue on his retirement; and
thanked Pat Wright, Chairman of the Armed Forces Festival Committee for all of the hard work in
planning the Armed Forces Festival.
Mike She_~herd reported on the District 5 Neighborhood meeting held on May 17, 2001; commented
on the historical display now open to the public; asked that any individuals interested in volunteering
as a docent for the display to contact the Mayor's Office at 478-5266; and lastly, invited the public to
attend the next Art Walk on June 2 & 3.
COUNCIL COMMITTEE REPORTS:
Wayne Olsen. Ed Rollman. and Calrol Arends reported on the Charter Review Committee. A public
meeting may be held in July to receive input on the proposed changes.
Carol Arends reported on the KRCC Transportation Policy Board Meeting and discussion held on the
ferries.
MAYOR'S REPORT
On behalf of the Mayor, Mike She_Dherd invited the public to attend a Special Meeting of the City
Planning Commission on Tuesday, June 5, 2001 to comment on new draft development policies for
downtown as an amendment to the Bremerton Comprehensive Plan. These draft policies are
proposed by the Citizen Planning Advisory Committee, which started work on them last August. All
interested citizens are encouraged to attend the hearing and provide comment. Copies of the
proposal are available at the City Planning Department.
LEGISLATIVE REPORT - There was no report tonight.
PUBLIC RECOGNITION
Pat Wright, Chair of the Armed Forces Festival Committee, reported on the phenomenal success of
this year's events, and thanked the numerous volunteers for their efforts.
Police Chief Rob Forbes invited the Council and the public to attend the Kitsap County Law
Enforcement Memorial Service this Friday, May 25, 2001 at 1:00 P.M.
10A - INTER-LOCAL AGREEMENT BETWEEN KITSAP URBAN COUNTY AND THE CITY OF
BREMERTON TO FORM A HOME CONSORTIUM i'#AB01-109): Debbie Peavler-Stewart, of the
Department of Economic Development, summarized that the City of Bremerton entered into an
Interlocal Cooperation Agreement with Kitsap County in 1999 to form a HOME Consortium under the
National Affordable Housing Act. The agreement expired on January 31, 2001.
The Department of Housing and Urban Development (HUD) provides funds under the HOME
program to expand the supply of safe, sanitary and affordable housing for Iow-income persons. HUD
determines the amount that may be allocated to states and local government based on a formula that
considers the vacancy rate, condition and age of housing, and number of persons in poverty. Not all
localities directly receive funds. In fiscal years in which Congress appropriates 1.5 billion of HOME
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City Council Reg. Mtg. Minutes
May 23, 2001
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funds or more, a local government must meet a threshold of at least $750,000 to receive direct
funding. Those individuals that do not meet the threshold may apply for funding for projects to the
state or form consortiums with other entities. By forming a consortium with Kitsap County, the City
will increase the probability of receiving a direct HOME allocation.
The HOME Consortium Agreement is structured, as it was during previous years, to set aside 45.4%
of the total Consortium funds to the City with 5% of the funds being available to the County for
administration. The Kitsap County HOME Consortium received $1,068,000 in 2001 and the City
received a set-aside amount of $484,872 of those funds.
There were no comments from the public.
#0806 M/S/C/U (Olsen/Rollman) Move to authorize the Mayor to sign the Intedocal Agreement for the
HOME program years 2002-2004.
10B - SHELTER PLUS CARE PROGRAM RENEWAL (#AB01-110): Debbie Peavler-Stewart,
Department of Economic Development, reiterated that the City of Bremerton received a $596,400
grant in January of 1995 from the Department of Housing and Urban Development (HUD) under the
Shelter Plus Care Program to provide a continuum of alcohol/drug free housing for people who are
recovering from chemical/alcohol addiction. The non-profit organization, AGAPE is the sponsor of the
program. The Program has three components. One component, the project based assistance is a 10
year program and will continue until 2006. However, AGAPE is increasing the number of beds
available and plans to request additional funds from HUD. Two other components, the sponsor and
tenant based programs, originally were funded for 5 years and expired in 2000 then renewed for
2001, and now must be renewed annually. Barbara Day Miller, Founder & Executive Director of
AGAPE, provided a brief overview report of the AGAPE Program.
There were no comments from the public.
#1220 M/S/C/U (Arends/Reed) Move to authorize the Mayor to execute applications requesting
renewal of the sponsor and tenant based programs and additional funds for the project based
program.
10C - CONTRACT FOR LEGAL SERVICES WITH LANE POWELL SPEARS LUBERSKY LLP IN
BURLINGTON ENVIRONMENTAL. INC. V. CITY OF BREMERTON (#AB01-111): Paula Johnston,
Deputy City Clerk, stated that the City of Bremerton has been in litigation with Burlington
Environmental, Inc. regarding a Business/Occupation Tax dispute for utility taxes owed from 1996
through 2000. Burlington was prime contractor at PSNS for hazardous waste collection during this
time frame, generating about $6 million over the last four years. The City was successful in having
the case remanded back to the City for proper administrative review. Attorney Steve Reich has
withdrawn from this case. Ms. Ada Ko, of LANE POWELL SPEARS LUBERSKY, is a skilled tax
attorney who represented the City of Seattle for nine years in Business/Occupation Tax litigation
before joining LANE POWELL SPEARS LUBERSKY. Staff recommends that Ms. Ko be retained as
counsel to bring this tax case to a successful conclusion.
There were no comments from the public.
Mr. Esser expressed concerns over the lack of a legal opinion on this particular case, and asked if
the firm would consider taking on the case under a contingency fee basis. Mr. Reed requested if
there is no time-sensitivity, that this item be tabled for one-week so that Council could schedule an
Executive Session to continue discussion.
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City Council Reg. Mtg. Minutes
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Mr. Younger asked if an assessment has been made of the City's B&O Tax. Ms. Johnston stated
that an assessment has been made but a tax audit has not been done. It was explained that before a
tax audit can be performed, an attorney must be available to provide assistance in dealing with legal
matters and to craft the audit. She further stated that there was time-sensitivity involved due to
Statute of Limitations on Revenue Recognition. David St. Pierre clarified that even if provided a fully
staffed Legal Department, a tax attorney would still be required given the specific nature of this case.
Mr. Esser supported tabling this item for one week, scheduling an Executive Session, and locating
funds to adequately cover legal costs involved.
#1703 M/S/C/U (Reed/Olsen) Move to table this item for one week.
10D - BID AWARD RECOMMENDATION FOR GORST CREEK STREAM RESTORATION
PROJECT (#AB01-112): Bill McKinney, Forestry Manager, mentioned that the call for bids for the
above project was prepared, advertised, distributed, and received in accordance with City bid
procedures. Bidders were pre-qualified for in-stream work. Seven bids were received and Grade,
Inc. was the lowest responsive bidder with a bid of $323,503.93 including sales tax. This contract
provides for construction of a new functional stream channel with backwaters, partial demolition, and
filling of the existing concrete channel, and diversion of stream flow into the new channel in
accordance with contract specifications, hydraulic permit requirements, and bid schedule items 1
through 5. He noted this project was given very high priority of the Salmon Restoration List.
There were no comments from the public.
Mr. E$$er asked if this company has previous habitat restoration experience. Mr. McKinney
responded yes, and referenced other municipal entities that have used their services. It was added
that the Salmon Funding Recovery Board was providing $368,000.
#2070 M/S/C/U (Reed/Olsen) Move to accept bid in the amount of $323,503.93 for bid schedule
items 1 through 5, and authorize the Mayor to execute contract for Gorst Creek stream restoration
with Grade, Inc.
10E - COLLECTIVE BARGAINING AGREEMENT BETVVEEN THE CITY AND THE BREMERTON
POLICE OFFICER'S GUILD: AND BUDGET ADJUSTMENT NO. 2001-10 (#AB01-113): Carol
Conley, Human Resources Manager, announced that pursuant to RCW 41.56, negotiations have
concluded between representative of the City and Bremerton Police Officer Guild (BPOG) resulting in
the attached Collective Bargaining Agreement (CBA). These negotiations have been discussed with
Council in Executive Session. This CBA replaces the current agreement that expired on December
31, 2000. The new CBA's term is for two years, beginning on January 1, 2001 and ending December
31, 2002. The agreement has been ratified by the BPOG's membership on May 10, 2001. Council
approval is required to implement the agreement, and a budget adjustment will be necessary to fund
this agreement in an amount of $144,000.
There were no comments from the public.
Mr. Esser asked if the funds from the CBA are approximately the same as the last time the CBA was
approved. Ms. Conley responded that this year they are asking for approval of the Budget
Adjustment at the same time as approval of the Bargaining Agreement. She stated that in the past,
Council heard the Bargaining Agreement and Budget Adjustment at different times, so a difference in
amounts may have been possible.
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City Council Reg. Mtg. Minutes
May 23, 2001
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#2225 M/S/C/U (Arends/Reed) Move to approve the Collective Bargaining Agreement by and
between the City and the Bremerton Police Officer's Guild, January 1, 2001 through December 31,
2002, and make the necessary Budget Adjustment No. 2001-10.
11A- EMERGENCY ORDINANCE NO. 4763. DECLARING AN EMERGENCY: APPROVING
PURCHASE OF REPLACEMENT ELECTRICAL CONTROL SYSTEM FOR WASTEWATER PUMP
STATION CW-I: AND WAIVING BID PROCEDURES !#AB01-114): John Po_o~e. Wastewater
Manager, stated that a declaration of an emergency is required for the emergency replacement,
repair and clean-up of electrical control systems for the pumping system at Wastewater Pump Station
CW-1 due to electrical failure. The action before the City Council is approval of emergency Purchase
Orders for NorthCoast Electric Company in the amount not to exceed $20,000, for the replacement,
repair and clean up of failed electrical systems at Wastewater Pump Station CW-I. Staff
recommends approval of these emergency Purchase Orders and declaration of an emergency.
Passage of the emergency ordinance requires a vote of one more than a majority of the Council.
This structure fire occurred on May 21, 2001, and the system was down for approx. 5 hours.
There were no comments from the public.
#2344 M/S/C/U (Olsen/Reed) Move to pass on one reading Ordinance No. 4763, declaring an
emergency.
#2370 M/S/C/U (Arends/Reed) Move to approve an emergency Purchase Order for NorthCoast
Electric Company in an amount not to exceed $40,000.
#2395 M/S/C/U (Younger/Reed) Move to approve an emergency Purchase Order for Custom
Controls in an amount not exceed $20,000.
With no regular Council business, the meeting adjourned at 6:40 P.M. Council then reconvened in
the Conference Room for a Study Session to discuss "COMPUTER HARDWARE AND SOFTWARE
ACQUISITION".
Prepared and Submitted by:
L~r~ITH, Legislative Assis a~t
Attest: .×.~ ~,?/
P/~d~LA~)~I:IN~; Deputy 6ity Clerk
"JQF¢~ LAW~,, City~O~L~ncil F~es'd
.J(~ity of Bremert¢n
J L/PJ/Is/cge
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