HomeMy WebLinkAbout10/10/01 COUNCIL
CITY COUNCIL MEETING MINUTES OCT 3
October 10, 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, October 10, 2001, at 5:30
P.M., with Council President John Law presiding. Council members present were Jim Reed, Will
Maupin, Carol Arends, Eric Younger, Mike Shepherd, Ed Rollman, Cecil McConnell, and Wayne
Olsen. Aisc present were Interim City Attorney Loren Combs; Acting City Clerk Rich Hanna, and
Legislative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConne//. followed
by the invocation provided by Reverend/:red Garry of Summit Avenue Presbyterian Church.
President Law made the following announcements:
1) A Pre-Council session was held to discuss general Council business;
2) A 20-minute Executive Session will be held immediately following the Council meeting tonight to
discuss "LITIGATION" and "PROPERTY ACQUISITION"; and
3) It was announced that the "WORK SESSION TO DELIBERATE PROPOSED AMENDMENTS TO THE
COMPREHENSIVE PLAN" originally scheduled to take place immediately following the Council meeting
tonight has been postponed.
CONSENT AGENDA
A. Minutes of Meeting- September 19, 2001 (#AB01-218)
B. Minutes of Meeting - September 26, 2001 (#AB01-219)
C. Professional Services Agreement - JOHNSON CHRISTIE ANDREWS & SKINNER (#AB01-220)
#0055 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 ROW 42.24.080, and those
expense reimbursement claims certified as required by ROW 42.24.090 have been recorded on a
listing that had been made available to the Council.
#0075 M/S/C/U (Reed/McConnell) On October 10, 2001, the Council does approve for payment those
vouchers included and further described as follows: Checks 256708, and 256736 through 256901 in
the amount of $672,279.72; and Regular Payroll in the amount of $931,234.63 for the pay period
ending September 30, 2001.
COUNCIL MEMBER REPORTS
Will Maupin announced that a District 8 meeting would be held on Thursday, October 18, 2001
beginning at 6:30 P.M. in the Conference Room of the Oyster Bay Public Works & Utility Building to
discuss "Downtown Development', the "Proposed "Conference Center;', and the "Westpark Master
Planning Process".
Carol Arends invited the public to attend the next Combined District 6 & 7 meeting to be held on
Thursday, October 1 t, 2001 beginning at 6:30 P.M. at the School District Administration Building in
the Curriculum Library located on 134 N. Marion Avenue. The topic will include a discussion on the
"Sexual Assault Investigation and Victim Services Program" with Detective Sue Shultz; and a visit
from "Quasar" a Police Dog with the K-9 unit of the Bremerton Police Department.
Eric Younger reiterated information about the Combined District 6 & 7 meeting, and noted these
meetings were an excellent opportunity for citizens to meet with Council members and to discuss any
issue of concern.
TAPES #1797 & #1798
City Council Reg. Mtg. Minutes
October 10, 2001
Page 2 of 7
Mike Shepherd encouraged the public to attend a book signing with local author Cynthia Galloway
on Monday, October 15, 2001 from 6:00 to 9:00 P.M. at the Coffee Oasis located on Burwell Street.
Ed Rollman reminded the public about the events taking place downtown this Saturday, October 13,
2001 to celebrate the City of Bremerton's 100th year as a city including the Bremerton Centennial
Photo Exhibit, which will remain open until Sunday, October 14, 2001.
Cecil McOonnell discussed the construction of the new Gold Mountain Golf Clubhouse, and noted it
should be completed on schedule by the beginning of November.
Wayne Olsen announced a number of upcoming events sponsored by the YWCA to honor "A Week
without Violence".
John Law announced a District 3 meeting was planned next Tuesday, October 16, 2001 from 7:00 to
9:00 P.M. at the Senior Center located at East 13th Street & Nipsic Avenue. Mayor candidates and
District 1 candidates have been invited to attend.
COUNCIL COMMITTEE REPORTS
Carol Arends reported on the Puget Sound Regional Council meeting she attended last week.
MAYOR'S REPORT - There was no report this evening.
LEGISLATIVE REPORT - There was no report this evening.
PUBLIC RECOGNITION
Charleen Burnette discussed the events scheduled to celebrate the City's 100th year as a City
including Opening Ceremonies at 11:00 A.M. at the Admiral Theater; the Cake Cutting event at the
corner of 4th & Pacific at noon; followed by the all-day street fair and celebration, concluding with a
fireworks display off the boardwalk at 7:00 P.M.
Bob Janacke provided T-shirts to the Council in honor of the City's Centennial Celebration.
The following item was moved out of order on the Agenda tonight...
11B - ORDINANCE NO. 4777 {SECOND READING) REGARDING TELECOMMUNICATIONS AND
MASTER PERMIT (#AB01-217): The first reading of this ordinance was heard at the Council meeting
on October 3, 2001.
There were no comments from the public.
#0552 M/S/C/U (Reed/Maupin) Move to pass Ordinance No. 4777 on second reading.
10A - GRANTING MASTER PERMIT TO KITSAP PUBLIC UTILITY DISTRICT (#AB01-221):
Kathleen McCluskey, Administrative Services Director, announced that the Kitsap Public Utilities
District (KPUD) plans to construct a fiber telecommunications system through Bremerton. This
Master Permit coupled with the Telecommunications Ordinance passed prior to this item will govern
the construction maintenance and operation in the public right-of-way.
There were no comments from the public.
#0665 M/S/C/U (Reed/Olsen) Move to approve granting of Master Permit to Kitsap Public Utilities
District.
TAPES #1797 & #1798
City Council Reg. Mtg. Minutes
October 10, 2001
Page 3 of 7
10B - PROFESSIONAL SERVICES AGREEMENT FOR LEGAL SERVICES WITH McGAVlCK
GRAVES. P.S. REGARDING BURLINGTON TAX CASE (#AB01-222): Kathleen McCluske_v,
Administrative Services Director, reported 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. We were successful in
having this case remanded back to the City for proper administrative review. Our attorney, Steve
Reich, has withdrawn from this case. Paul Alvasted of MCGAVlCK GRAVES is a skilled tax attorney
who would be head litigator on this case. Staff recommends retaining MCGAVlCK GRAVES, P.S. as
counsel to bring this tax case to a successful conclusion.
There were no comments from the public.
#0745 M/S/C/U (Arends/Reed) Move to approve Professional Services Agreement with MCGAVlCK
GRAVES, P.S. as retained counsel representing the City in Burlington Environmental Inc. vs. City of
Bremerton, and authorize the Mayor to execute the same.
10C- AGREEMENT WITH CITY OF SEATTLE FOR PERFORMANCE OF A TAX REVENUE
AUDIT (#AB01-223): Kathleen McCluskey, Administrative Services Director, pointed out that in
conjunction with retaining McGAVICK Graves, P.S. as legal counsel in the ongoing tax case,
Burlington Environmental Inc. v. City of Bremerton, staff is recommending that we retain the tax audit
services of the City of Seattle Tax & Licensing Department. Seattle tax auditors are specialists in
gross receipt tax auditing. Seattle has agreed to perform the Burlington audit including fieldwork and
audit findings, and will be available to testify in court if the need arises. Seattle will charge $150 per
hour with the total not to exceed $25,000 without further authorization.
Bob Janacke asked if any money was won in this litigation, would it come back to the taxpayers?
Ms. McCluskey responded that the money would come back to the taxpayers through City services
like fire, police, and streets. Mr. Maupin pointed out that the law firm has agreed to take a lower fee
amount if they do not win the case; and Mr. Reed pointed out that the City was under a legal
obligation to perform this audit.
#0970 M/S/C/U (Reed/Olsen) Move to approve retaining the tax audit services of the City of Seattle,
and authorize the Mayor to execute a letter of agreement.
10D - PROFESSIONAL SERVICES AGREEMENT AMENDMENT WITH RYAN SELLS
UPTEGRAFT, INC. (#AB01-224): Pegg,v Lesser, Risk Manager, stated that because the City wishes
to assign additional defense work to this firm, the Scope of Services and Compensation Provisions of
the original contract need to be amended.
There were no comments from the public.
#1035 M/S/C/U (Younger/Reed) Move to approve the amendment to the Professional Services
Agreement with RYAN SELLS UPTEGRAFT, INC.
10E - FINAL REPORT OF THE CLASSIFICATION AND COMPENSATION STUDY FOR
TEAMSTER POSITIONS BY PRIOR/MARTECH & ASSOCIATES (#AB01-225): Carol Conlev,
Human Resources Manager, stated that in order to formally conclude the Classification and
Compensation Study, it is the recommendation of the Classification and Compensation Committee
(CCC), that the results of the final report for the Teamsters bargaining unit positions, be adopted by
TAPES #1797 & #1798
City Council Reg. Mtg. Minutes
October 10, 2001
Page 4 of 7
the City Council. It was also pointed out that the Council was not being asked to approve the
implementation of the study. The implementation of the study will be considered as part of the overall
economic package, and is in the process of being negotiated between the City and the Teamster's
bargaining teams. Implementation will only occur upon formal ratification of a new labor agreement
by the City Council and the Teamsters upon conclusion of negotiations.
There were no comments from the public.
A lengthy discussion took place among the Council members, who believed this report to be flawed.
Council also inquired about the status of the Management portion of the study. Mayor Horton
reported that due to the complexity of this process, she felt it would be best to separate the
Manager's portion, which will be scheduled soon after this portion of the process is complete.
#1925 M/S/C (Shepherd/Reed) Move to adopt the results of the final report of the Classification and
Compensation study for Teamster positions.
Voted in favor of Motion: Reed, Shepherd, Younger, Arends, Maupin, and Law
Voted opposed to Motion: Olsen, McConnell, and Rollman
Motion carried: 6-Yes; and 3-No
10F - U.S. DEPARTMENT OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT (#AB01-
226): Tim Sholtis, Administrative Manager with the Police Department, said that the U.S.
Department of Justice awarded the City of Bremerton $79,502.00 through the LLEBG formula
program. The City has a cash-match of $8,834.00 over the grant period of October 1, 2000 to
September 30, 2002. The funding is for police vehicle purchases.
There were no comments from the public.
#2065 M/S/C/U (Reed/McConnell) Move to approve accepting this Local Law Enforcement Block
Grant, and comply with the special conditions according to grant administration.
10G - BUDGET ADJUSTMENT NO. 2001-16. MODIFYING THE BUDGETS OF THE CITY
COUNCIL. LEGAL. AND HUMAN RESOURCES DEPARTMENTS OF THE GENERAL FUND
(#AB01~227): Rich Hanna, City Treasurer, stated that this adjustment will move appropriations within
the General Fund to accommodate the changes associated with the use of outside Counsel in lieu of
staff attorneys. It was pointed out that this action is simply a reallocation of budget authority.
There were no comments from the public.
#2135 M/S/C/U (Reed/Olsen) Move to approve Budget Adjustment Request No. 2001-16.
11A - ORDINANCE NO. 4776 (SECOND READING) EXTENDING CASCADE NATURAL GAS
CORPORATION FRANCHISE FOR ONE-YEAR (#AB01-216): The first reading of this ordinance
was heard at the Council meeting on October 3, 2001.
There were no comments from the public.
#2262 M/S/C/U (Younger/Reed) Move to pass Ordinance No. 4776 on second reading granting a
one-year franchise to Cascade Natural Gas Corporation.
TAPES #1797 & #1798
City Council Reg. Mtg. Minutes
October 10, 2001
Page 5 of 7
11C -ORDINANCE (FIRST READING) CREATING AN ADMINISTRATIVE HEARING EXAMINER
POSITION {#AB01-228): Chris Hugo, Planning & Building Director, emphasized that the proposed
ordinance creates an Administrative Hearing Examiner position to achieve the following intents: 1) to
separate the land use regulatory function from the land use planning process; 2) to ensure procedural
due process and appearance of fairness in regulatory hearings and decisions; 3) to provide an
efficient and effective land use regulatory system which integrates the public hearing and decision-
making processes for land use matters; 4) to provide for consistency and predictability in decision
making and the application of policies and regulations adopted by the City; and 5) to provide a forum
for conducting public hearings required by Bremerton Municipal Code and handling appeals of
administrative matters as assigned. This function can only be added to the City administrative
structure by Council action to amend the Bremerton Municipal Code.
Michael Carpenter provided comments in support of the City hiring a Hearing Examiner.
#3025 M/S/C/U (Shepherd/Reed) Move to approve the Administrative Hearings Examiner Ordinance
on first reading.
12A - RESOLUTION NO. 2837. REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF
GARBAGE AND DEBRIS ON THE PROPERTY LOCATED AT 241 S. CAMBRIAN AVENUF
(#AB01-229): Janet Lunceford, Building Inspector, reiterated that on August 21, 2001, Public Works
removed garbage and debris from the property located at 241 S. Cambrian Avenue after the owner,
Gary Atnip, failed to do so as ordered. The legal requirements for notice were met. The cost of this
action, including the administrative fee, totaled $1,021.66. Council must now decide if the fees are
just and reasonable, and how the fees should be collected.
There were no comments from the public.
Mr. Mau_~in pointed out that is seems unfair to charge a property owner for the actions of another
party. Mr. Reed asked if there are supposed to be administrative fees for both the cleanup and the
weed abatement? Ms. Lunceford affirmed that the administrative fees are accounted- for in the total.
Ms. Arends stated that property owners have been held accountable in the past and that
accountability must be continued. Ms Lunceford also pointed out that if a violator is identified the
violator would be fined. When that is not the case, the property owner becomes responsible.
#3285 M/S/C/U (Arends/Reed) Move to pass Resolution No. 2837, to order that the fees in the
amount of $1,021.66 incurred for the abatement of garbage and debris located at 241 S. Cambrian
Avenue be collected as reasonable abatement costs and become a lien against the property.
12B- RESOLUTION NO. 2838. REGARDING RECOVERY OF FEES FOR RESECURING THF
RESIDENCE ON THE PROPERTY LOCATED AT 2133-11TM STREET (#AB01-230): Janet
Lunceford, Building Inspector, summarized that in November of 2000, the City of Bremerton ordered
the abatement and vacation of the structure located at 2133 11th Street after a broken sewer line
inside the house made it unsafe and uninhabitable. The occupants were vacated by the Bremerton
Police Department, and the doors and windows were boarded up by Public Works to prevent entry.
On August 21,2001, the City was forced to return to this address after neighbors reported that
vagrants had removed the boards at the rear of the building to access the house. The cost of this
action by Public Works totaled $173.05. Council must now decide if the fees are just and reasonable,
and how those fees should be collected.
TAPES #1797 & #1798
City Council Reg. Mtg. Minutes
October 10, 2001
Page 6 of 7
There were no comments from the pubfic.
#3465 M/S/C/U (Reed/Olsen) Move that Council, by Resolution No. 2838, order that the fees in the
amount of $173.05 incurred for re-securing the building at 2133-11th Street be collected as
reasonable abatement costs and become a lien against the property.
12C - RESOLUTION NO. 2839. AUTHORIZING AN INTER-FUND LOAN FOR FINANCING THF
COSTS OF ACQUIRING THE EAST PARK PROPERTY FROM THE NAVY; AND BUDGET
ADJUSTMENT NO. 2001-17 (#AB01-231): Kathy McCluskey, Administrative Services Director,
affirmed that the City is in the process of acquiring the East Park property from the Federal
government. While the government is offering to convey the property free of charge, the City will be
obligated to pay for an environmental assessment of the property and other closing costs. These
costs are not expected to exceed $100,000. it is anticipated that the City's costs will be recovered
when portions of the property not needed for municipal purposes are sold for private development.
However, the timing of such sale cannot be predicted at this point.
There were no comments from the public.
Mr. She_~herd asked why the cost for the assessment of the lot is so high. Ms. McCluskey
responded that the Navy requires the assessment before the property can be conveyed. The amount
provided is an estimate and any funds not spend shall be refunded.
#3'72,5 M/S/C/U (Rollman/Reed) Move to approve Budget Adjustment Request No. 2001-17.
TAPE #1798
#0015 M/S/C/U (Rollman/Reed) Move to approve Resolution No. 2839, authorizing an interfund loan.
12D - YEAR 2002 CITIZEN'S ADVISORY COMMITTEE RECOMMENDATIONS (#AB01-232):
Debbie Peavler-Stewart, Economic Development, stated that the City of Bremerton will receive an
estimated $550,000 in Community Development Block Grant Funds for year 2002 from HUD. The
City previously provided set-asides for the following activities: $90,000 for CDBG administration;
$100,000 for the City's housing program; and $50,000 for code enforcement. Applications for the
remaining $310,000 in funds were accepted on August 22. Staff received 18 applications totaling
$442,311 in requests. City staff reviewed the applications to determine if those applications met
threshold requirements and were consistent with HUD regulations. The Citizen's Advisory Committee
(Roy Mclnnis, Tina Davis, and Harry Combs) reviewed the applications, interviewed each applicant,
and rated the project in accordance with the approved action plan. The ratings were averaged and
funds were awarded to those receiving the highest average score. The Advisory Committee's
recommendations are attached to the Agenda Bill in the Council packet.
Susan Gower of the Sexual Assault Center thanked the Committee for their hard work and for their
recommendation to provide funds for this project. She encouraged the Council to approve their
recommendation.
#0145 M/S/C/U (Olsen/Reed) Move to approve the set asides and the Citizen Advisory Committee
recommendations as presented.
TAPES #1797 & #1798
City Council Reg. Mtg. Minutes
October 10, 2001
Page 7 of 7
At the conclusion of regular Council business, the Council reconvened in the Council Conference
room for a 20-minute Executive Session to discuss "LITIGATION" and "PROPERTY ACQUISITION". At the
conclusion of the Executive Session, the Council meeting was adjourned at 7:35 P.M.
Prepared and Submitted by:
LORI SMITH, Legislative Assistant
Attest: / .~/1~.~/.~
PAt~/~30-HN-§~N, D'ep~ty"City Clerk
.~'~HN LA~/~', City-Council President City of Bremerton
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