HomeMy WebLinkAbout11/07/01 CITY COUNCIL MEETING MINUTES
November 7, 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, November 7, 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 Greg Amann; Deputy City Clerk Paula Johnston; and
Council Assistant Christine Grenier Ellingson.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed
by the invocation provided by Pastor Rick Bodrie of Calvary Chapel.
President Law made the following announcements:
1) A 15-minute Executive Session was held from 4:45 to 5:00 P.M. prior to the Pre-Council Session
to discuss "LABOR NEGOTIATIONS" per RCW Chapter 42.30.140 (4) (b);
2) The regular Pre-Council Session was held to discuss general Council business;
3) Two Study Sessions are scheduled to take place immediately following the Council meeting to
discuss an "UPDATE ON THE SR303 CORRIDOR PROJECT" with officials from the Washington State
Department of Transportation (WSDOT); followed by a second Study Session to discuss the
"CHESTER MANOR PURCHASE WITH HOME FUNDS"; and
4) Item 9E has been pulled from the agenda.
CONSENT AGENDA
A. Minutes of Meeting - October 30, 2001 (#AB01-253)
#0050 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.
#0085 M/S/C/U (Reed/McConnell) On November 7, 2001, the Council does approve for payment
those vouchers included and further described as follows: Checks 257498 through 257502 and
257570 through 257691 in the amount of $325,573.68; and Regular Payroll for the period ending
October 31, 2001 in the amount of $1,030,431.08.
COUNCIL MEMBER REPORTS
Cecil McConnell congratulated newly elected Council Members.
Ed Rollman congratulated and commended all those elected and those who sought office. He also
announced the Smile Mobile would be in Bremerton until November 16th, and citizens can call 377-
0053, ext. 334 for more information.
Mike Shepherd enjoyed this months First Friday Art Walk; spoke of the well-attended Halloween
party held at Sheridan Park Center; reminded citizens to support local businesses; and lastly,
congratulated newly elected officials.
Carol Arends reiterated information about the public meeting scheduled at the Engineering Office,
tomorrow night, Thursday, November 8 starting at 6:00 P.M. to provide local businesses a chance to
hear the proposal for night construction on the Callow Priority-5 storm sewer project, which is planned
TAPES #1803 & #1804
City Council Reg. Mtg. Minutes
November 7, 2001
Page 2 of 6
to begin in the spring of 2002. If there are further questions about this meeting, citizens are
encouraged to call 478-5270 during regular business hours. She also reported on her attendance at
the First Friday Art Walk which she enjoyed very much.
Will Maupin congratulated all newly elected officials.
Jim Reed thanked the citizens for voting, and congratulated newly elected officials.
John Law announced the next District 3 meeting would be held at the Senior Center from 7:00 to
9:00 P.M. on Tuesday, November 20 to discuss updated plans for the new Manette Bridge.
COUNCIL COMMITTEE REPORTS
Mike Shepherd reported that with respect to recent meetings with the KRCC Policy Board and Kitsap
County Health Board, plans are being formed to contend with possible biological terrorism and to
improve communicable disease preparedness; and with respect to his attendance at the Kitsap
Transit Board meetings, transit rider ship has increased and more busses are now available.
Carol Arends pointed out that funding concerns regarding transportation would be discussed at
future Transportation Policy Board meetings.
Jim Reed/eR the meet~rig at 5:55 P.M. and returned at 6.'00 P.M.
MAYOR'S REPORT
_Mayor Horton congratulated the newly elected officials and expressed her desire to meet with
Mayor-Elect Cary Bozeman to ensure a smooth transition. She also discussed possible property
acquisition of businesses on Pacific Avenue by Puget Sound Naval Shipyard for security purposes.
LEGISLATIVE REPORT - There was no report this evening.
PUBLIC RECOGNITION
_Joe Murphy. Kitsap Labor Council, was frustrated with dealings with the City and unions. He asked
that Council be involved in the contract deliberation process so there would be money saved.
Dianne Robinson congratulated all newly elected officials, and specifically thanked her campaign
manager, District 6 voters, and Eric Younger on his victory. She stated that she would be available
and would remain active in that district.
_Natacha Sesko congratulated the newly elected officials and asked that the Council support the
"American Dream". She also wanted to confirm that Council received the documents she distributed
prior to the meeting. Bill Sesko congratulated the newly elected officials and asked if appealed land
use decisions have gone to City Council. Greg ,Amann summarized the process, and confirmed that
the question should be answered at a later time because the question is not related to the business
on the Agenda.
Shannon Kitchen pointed out that City offices told him not to deal with Mr. Sesko, so he has
maintained business in Kirkland. Mr. Reed responded by denouncing this type of staff conduct, and
apologized if there was such an occurrence.
Jim Payne emphasized that if enforcement of property use is not possible, then he could not do
business here, and will conduct business elsewhere. He suggested that corrections need to be made
to the Zoning Code. John Law clarified that the property in question is zoned "business park" which
is not consistent with that zoning designation, hence the court ruling.
TAPES #1803 & #1804
City Council Reg. Mtg. Minutes
November 7, 2001
Page 3 of 6
8A - PROFESSIONAL SERVICES AGREEMENT WITH PARAMETRIX, INC. FOR EVERGREEN
PARK PHASE I[ CONSTRUCTION MANAGEMENT AND CONTRACT ADMINISTRATION (#AB01-
254): Be. cky Lorber, Recreation Coordinator ][[, pointed out that Evergreen Park Phase
construction is approximately 80% complete. The primary tasks remaining are completion of the
shoreline work around Smith Cove and the tracking; closure of punch list items. As a result of the
resignation of the City Project Manager, crucial engineering support in the areas of construction
management and contract administration are required in order to complete the task. The consultants,
Parametrix, Inc. who did the park design and several facets of Evergreen Park development, has
agreed to perform the aforementioned tasks through the completion of the park construction.
Parametrix, Inc. shall oversee final permit requirements and the 4th quarter groundwater monitoring,
for a total of $31,791.57.
There were no comments from the pubfic.
#1200 M/S/C/U (Shepherd/Reed) Move to approve this Professional Services Agreement with
Parametrix, Inc. in the amount of $31,791.57, to ensure that final construction components are
completed and closure of the construction contract for Evergreen Park Phase
88 - BID AWARD TO BUCKLEY RECYCLING CENTER, INC., FOR THE SESKO PROPERTY
NUISANCE ABATEMENT PROJECT LOCATED AT 3536 ARSENAL WAY AND 1701
PENNSYLVANIA AVENUE; AND ASSOCIATED BUDGET ADJUSTMENT NO. 2001-20 (#AB01-
~: Janet Lunceford, Building Inspector, summarized that on October 18, 2001, bids were opened
for the Sesko Property Nuisance Abatement Project located at 3536 Arsenal Way and 1701
Pennsylvania Avenue, owned by Bill & Natacha Sesko. This action is a result of a Kitsap County
Superior Court judgement granting injunctive relief to the City of Bremerton, which authorized the City
to remove all objects, vehicles and boats on the two properties. Eight bids for this project were
received, and Buckley Recycling Center, Inc. was the lowest responsive bidder with a bid of
$158,571.69. The action before the City Council is approval of a contract with Buckley Recycling
Center, Inc. for the Sesko Property Abatement Project. A budget adjustment of $275,000 is also
required, which is the estimated amount of the final costs for this project. Photographs of both sites
were provided.
President Law emphasized that the bid award was sole concern for the item, which was confirmed
by Interim City Attorney Greg Amann.
Joe Murphy expressed his concern over the amount of money being spent. President Law
discussed the abatement process, and explained that the City has a line of credit with the bank, so
the bank would loan the money to the City to be used for the abatement. When the settlement is
made either by the owner or by sale of the property in three years, the bank gets the money back, as
well as the interest - therefore, City taxpayer money is not used.
Natacha Sesko questioned the bid process. Ms, Lunceford briefly reported on the process, and
indicated that the next court date is set for November 16th at which time it would be decided if the
tagged items are the correct items to be removed. Bill Sesko then asked that Council delay the bid
award until the November 16th court date.
Clayton Loncjnecker, Attorney Representing Mr. & Mrs. Bill Sesko, spoke on the Sesko's behalf, and
also advised the Council to delay this issue until after November 16th SO the nature of the items to be
removed could be specified, and moved by Mr. Sesko, which could potentially lower the cost, as well
as the environmental liability to the City. Ms. Lunceford pointed out that a Final Judgement was
TAPES #1803 & #1804
City Council Reg. Mtg. Minutes
November 7, 2001
Page 4 of 6
established almost a year ago, in January 2001, so there has been more than sufficient time to
contend with the issue of removal of items on the property. She also noted that only recently, has Mr.
Sesko made any attempts to remove items from the property.
Agnes Fagnue expressed her support for the Sesko's situation.
Mr. Sesko stated that before items falling within his property lines could be identified, the question
over property line boundaries required additional investigation prior to awarding the bid. Ms.
Lunceford commented that boats fall under his property line on Iow water tide line.
Mrs. Arend$ and _Ms. Lunceford discussed the amounts of the bidders and it was determined that
the amount was fair when compared to current rates, and any action would be taken after November
16th.
Mr. Younger asked if the contract amount would be amended if it were found there is less removal
required. Peter Maxwell, Parametrix, answered that the firm would present any changes to the City
Council, and amounts would be negotiated at the appropriate time. The amount as listed on the bid
would be the maximum amount allowed under the contract.
Mr. Younger asked about the City's exposure to liability with respect to environmental clean up.
Mr. Amann affirmed that if procedures are followed as set out by the Model Toxins Control Act, there
is an exception to liability exposure for current property owners who take back property through
foreclosure as long as the owner does not contribute to the hazard and can not manage the property.
Mr. Shepherd asked who would then pay for clean-ups? Mr. Amann responded that the prior owner,
or whoever contributed to release of the hazardous material would be responsible.
Mr. Maupin pointed out that with any contract, there might be change orders as the project goes on,
and there may be monetary savings towards the lien if the bid is awarded.
Mr. Reed discussed the long history of this particular site, and encouraged this clean-up effort to
proceed.
Mr. Shepherd stated those following good-will efforts, there might be little to clean up, and the
contract amount would reflect that effort. Mr. Law also recalled how long the issue has progressed.
#2575 M/S/C/U (McConnell/Reed) Move to approve award of the bid of $158,571.69 to Buckley
Recycling Center, Inc. for the Sesko Property Nuisance Abatement project and authorize the Mayor
to execute the same.
#2650 M/S/C/U (McConnell/Reed) Move approve Budget Adjustment No. 2001-20 in the amount of
$275,OOO.
TAPE #1804
8C - PROFESSIONAL SERVICES AGREEMENT BETWEEN PARAMETRIX, INC. AND THE CITY
OF BREMERTON FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE SESKO
PROPERTY NUISANCE ABATEMENT PROJECT LOCATED AT 3536 ARSENAL WAY AND 1701
PENNSYLVANIA AVENUE (#AB01-256): Janet Lunceford, Building Inspector, announced that the
City of Bremerton will soon enter into a contract to perform the Superior Court mandated nuisance
abatement of the Sesko properties, located at 3536 Arsenal Way and 1701 Pennsylvania Avenue.
Parametrix, Inc. has been asked to provide construction management services for the project, which
will include observing contractor performance, processing contractor requests for payment,
TAPES #1803 & #1804
City Council Reg. Mtg. Minutes
November 7, 2001
Page 5 of 6
negotiating change orders, and assisting the City with final project inspection and contract close-out.
Parametrix has estimated the costs of these activities at $35,146.39.
Lenny Metier suggested that people be more aware of the requirements of the Nuisance Ordinance
so further abatement issues may be averted. Mr. Law clarified that the ordinance ts not the issue to
be discussed.
#0025 M/S/C/U (Arends/Reed) Move to approve the Professional Services Agreement with
Parametrix, Inc. in the amount of $35,146.39 for the purpose of construction management of the
Sesko nuisance abatement project.
9A- PUBLIC HEARING AND ORDINANCE NO, 4779 (SECOND READING} AMENDING
CHAPTER 2.18 OF THE BREMERTON MUNICIPAL CODE REGARDING THE AUDIT COMMITTEE
AND INTERNAL AUDITOR (#AB01-246): The first reading of this ordinance was heard on October
24, 2001.
There were no comments from the pubfic.
#2220 M/S/C (McConnell/Rollman) Move to pass Ordinance No. 4779 on second reading, amending
Chapter 2.18 of the Bremerton Municipal Code.
Voted in favor of Motion: Maupin, Olsen, McConnell, Rollman, Younger, and Law
Voted opposed to Motion: Arends and Shepherd
Motion carried: 7-Yes; and 2-No
9B- PUBLIC HEARING AND ORDINANCE NO. 4780 (SECOND READING} AMENDING
CHAPTER 6,32,110 OF THE BREMERTON MUNICIPAL CODE REGARDING PUBLIC
DISTURBANCE NOISES (#AB01-252): The first reading of this ordinance was heard on October 30,
2001.
There were no comments from the public.
#0350 M/S/C (Shepherd/Rollman) Move to pass Ordinance No. 4780 on second reading as amended
to include new section," Section 2: The operation of bells, chimes, or carillons, shall be exempt from
provisions of this chapter".
9C - PUBLIC HEARING ON REVENUE SOURCES FOR THE 2002 BUDGET (#AB01-257_): Rich
Hanna, City Treasurer, summarized that the City is required by RCW 84.55.120 to hold a public
hearing on revenue sources of the General Fund. This hearing must be held prior to consideration of
the City's property tax levy and must include discussion of possible increases in property tax revenue.
There were no comments from the public.
No action is required at this time by City Council. City Council Members engaged Mr. Hanna in a
discussion on budget issues.
Jim Reed asked for clarification on revenue sources. Rich Hanna emphasized that information is
available in budget and packet.
Mike Shepherd asked for a projection of the effects of passage of 1-747 for 2002. Rich Hanna
answered that growth may be limited and the actual General Fund impact will be approximately
$55,000.
TAPES #1803 & #1804
City Council Reg. Mtg. Minutes
November 7, 2001
Page 6 of 6
Eric Younger asked if a recession does occur, will numbers require adjustment. Rich Hanna
responded that an adjustment might be a possibility.
Wayne Olsen left the meeting at 7:20 P.M. and returned to the meeting at 7:27 P.M.
9D - PUBLIC HEARING AND ORDINANCE (FIRST READING) LEVYING PROPERTY TAXES FOR
COLLECTION IN 2002 (#AB01-258): Rich Hanna, City Treasurer, stated the City's property taxes
are levied on an annual basis through passage of an ordinance. The proposed ordinance will
implement a general property tax levy and a voted EMS levy at the statutory rate limit as well as a
bond redemption levy at a rate adequate to provide funds necessary to meet debt service obligations.
The language of the ordinance has been structured in order to comply with the provision of
Referendum 47. Initiative 747 which was passed by voters, means that the percentage increase in
sections 1 and 2 of the ordinance will be changed from 1.89% to 1% as provided in the initiative.
There were no comments from the public.
#0785 M/S/C/U (Shepherd/McConnell) Move to approve the ordinance on first reading, levying
property taxes for collection in 2002.
Item 9E was pulled from the Agenda.
LEa. rY. PROPERTY TAXES AT RATE !N EXCESS OF THE RATE OF INFLATIOH FOR POSS)BLF
USE Ikl 1.2'1 ITl IDr'' Vr'^~
At the conclusion of regular Council business, the Council meeting was adjourned at 7:29 P.M.
A Study Session was then held in the Council Chambers to discuss AN "UPDATE ON THE SR303
CORRIDOR PROJECT" with officials from the Washington State Department of Transportation; followed
by a second Study Session in the Council Conference Room to discuss the "CHESTER MANOR
PURCHASE WITH HOME FUNDS".
Prepared and Submitted by:
LO~,I ~MITH, Legislative Assistant
Attes;~,~~
pA'/8~_A-,~0~H~N~_,~)-N, D~puty City Clerk
City of Bremerton
J L/PJ/Is/cge
c: Normal Distribution; File