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Home My WebLink About12/04/02TAPES #1866 & #1867 CITY COUNCIL MEETING MINUTES DEC 2 3 Z002 December 4, 2002 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, December 4, 2002, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Council member Eric Younger was absent. Also present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Council Liaison Lori Smith. 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. CONSENT AGENDA- There were no Consent Agenda Items this week 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. #0031 M/S/C/U (McConnell/Olsen) On December 4, 2002 the Council approved payment for Check Numbers 276817 through 276917 in the amount of $230,687.06; and Retiree Payroll in the amount of $133,404.71 for the pay pedod ending November 30, 2002. COUNCIL ME~MBER REPORTS Ed Rollrnan announced on December 6 the First Friday Art Walk event would include the ardval of Santa Clause, Winter Fest, a book signing, and the showing of an independent film "The American Rhapsody" at 8:00 P.M. at the Admiral Theatre. Mike Shepherd announced a free showing of "Pearl Harbor" at the Charleston Cinema on Callow Avenue, which will also include an introduction and discussion lead by a Pearl Harbor survivor beginning at 5:00 P.M. on Friday, Saturday, and Sunday. He also mentioned that he expects conceptual drawings to be presented in January for the Police and Fire Facilities. Will Maupin reported on a number of meetings he attended (along with Council President Carol Arends and Council Member Mike Short), including the Kitsap Regional Coordinating Council (KRCC) Policy Board meeting, and meetings with the Kitsap County Health Board and Kitsap Transit Board. Mike Short also provided a briefing on the meetings previously mentioned by Council Member Maupin; in addition to the Emergency Management Board meeting. Carol Arends established her attendance at the meetings previously reported on by Council Members Maupin and Short. MAYOR'S REPORT Mayor Bozeman .... · Provided a progress report on the Bremerton Ice Rink; · Discussed a letter he received from the Department of the Navy regarding the $7-million gift for the acquisition of 44 acres in Eastpark; · Reported on his attendance at a 3-hour "Economy of the State" meeting in Senator Patty Murray's office, which included his appointment by Governor Locke to serve on a 20-member Committee as the representative for Kitsap County to study economic development; TAPES #1866 & #1867 City Council Reg. Mtg. Minutes December 4, 2002 Page 2 of 6 · Met with Puget Sound Energy regarding the negotiation of a 10-year franchise contract, including the continuing negotiations to upgrade the downtown capacity; · Announced the tentative 3-year agreement with the Bremerton Police Department; · Was pleased to announce the City received the $13-million EFT on the Public Safety Bond; and · Provided several comments in closing regarding all of the projects currently in progress. PUBLIC RECOGNITION Allen Shute presented a copy of a KIRO 7 Eyewitness News report on "Widespread Abuse of Parking Privilege for the Disabled" to support his views on this concern, and expressed his opposition to the proposed residential parking fee. Carol Atkinson of Bremerton Main Street Association and Marilyn Manskie of the West Sound Arts Council discussed the many activities planned for the First Friday Art Walk and Winter Fest events. Helen Miller thanked Council Member Mike Short for his assistance and follow-up in the repair of the broken water main under the Oyster Bay Channel. 9A- ORDINANCE NO. 4832 [SECOND READING] ESTABLISHING THE PUBLIC SAFETY PROJECTS FUND (#AB02-231): The first reading of the ordinance was heard on November 20, 2002. Helen Miller referred to the ordinance, and asked if Council would have authority to sign off each of the expenditures. Dick Saunders, Interim Finance Director, stated that periodic reports would be provided, and that staff would be accountable to the Council and to the public; and that all contracts would still require approval by the Council. RoRer Lubovich, City Attorney, clarified that Council is not expected to approve every cost from the fund. Eric Younger ardved at the meeting and was seated at 6:00 P.M. Allen Shute concurred with the concerns expressed by Ms. Miller. Mike Shepherd reminded the public that the process for spending the funds would also include involvement by several committees. Cecil McConnell and Mike Short expressed their views as to why they opposed this ordinance the way it was written, with language that included administrative and project management costs, which they believed should be separate action so that the costs can be clearly defined. Will Maupin requested clarification on the language regarding the use of the funds. Mr. Lubovich explained that the first part of the language was included as part of the ballot measure for the bond, but that the additional language was added to first address the acquisition of land for a Fire Station, then based on an opinion by the Bond Council, to also include flexibility to authorize by law expenditures for closing costs and discretionary incidental costs, including project management. Eric Younqer established that Council passed this ordinance last week on first reading without the last sentence added that states "and all incidental project management administrative costs allowed by law", and therefore suggested a "friendly amendment" to maintain the original language without the last sentence added - which was also not included in the ballot language. Mr. Olsen concurred. Mr. Saunders questioned if the proposed change would still allow the insurance payment for the bonds and the Bond Council, the Rating Agency, and related costs? Mr. Lubovich responded that these costs would all be authorized closing costs for the sale of the bonds. TAPES #1866 & #1867 City Council Reg. Mtg. Minutes December 4, 2002 Page 3 of 6 #1380 (Main Motion: Shepherd / Seconded: Short) Move to pass Ordinance No. 4832 on second reading, as amended creating the Public Safety Projects Fund. (Vote failed) #1415 ("Friendly Amendment" to Main Motion: Younger ! Seconded: Short) Move to pass Ordinance No. 4832 on second reading, creating the Public Safety Projects Fund; but striking a portion of the added language in SECTION 3 - USE OF FUNDS: "and ail incidental project management and administrative costs al/owed by law". (No vote taken due to non-acceptance by Mr. Shepherd) Prior to the vote, Mrr Shepherd questioned how management of the project would be paid if the last sentence was omitted as proposed. Mr, Saunders explained the administration would need to evaluate what other resources other than proceeds from the bond or interest from the bond would be available. Mr. Shepherd concluded that this was more than a "friendly amendment" and therefore did not accept it. #1525 (Amendment to Main Motion: McConnell / Seconded: Younger) Move to strike a portion of the added language in SECTION 3 - USE OF FUNDS: "and all incidental project management and administrative costs allowed by law". (Vote passed) Discussion continued prior to the vote... Mr. Younger noted that after researching the bond issuance, he discovered that one of the main duties listed in the Job Description for the "ADMINISTRATIVE SERVICES DIRECTOR" included "administering large contracts for the City", therefore concluded that the City already has a position to provide the task of managing the project. Mr, McConnell reiterated the suggestion made earlier for the Administration to bring the Council a separate, detailed proposal addressing the issue of project management. Mr. Saunders recommended "tabling" this issue for further discussion. Mayor Bozeman commented that he "couldn't imagine" doing a project of this size without identifying a Project Manager to assure good use of the funds. He further commented that it would be "irresponsible" on the part of the City to not have someone directly responsible for the management of this project. He agreed with Mr. Younger that the "incidental" term should be stricken, and agreed to bring Council a much more detailed budget on what the expenses are, and stressed that it was always their intention to provide a full review of this project to the Council as it moved along. Mrs. Arends summarized that the issue of contention was the inclusion of too many items under Section 3 of the Ordinance; not whether or not there would be a Project Manager, which the Council fully understood was necessary. Mr. McConnell offered to withdraw his first "Amendment to Main Motion", and suggested a second "Amendment to Motion" not to strike the added language, but to insert the words "as approved by separate Council action" as originally proposed by the City Attorney during the Pre-Council Session. #1898 following the discussion, the vote was taken on the first Amendment to the Main Motion]... Voted in favor of Amendment: McConnell, Rollman, Short, Younger, and Arends Voted opposed to Amendment: Nygren, Shepherd, Maupin, and Olsen Amendment carried: 5-Yes; and 4-No #1935 the vote was then taken on the original Main Motion as amended... Voted in favor of Main Motion: Nygren, Rollman, Maupin, and McConnell Voted opposed to Main Motion: Shepherd, Short, Younger, Olsen, and Arends Main Motion failed: 4-Yes; and 5-No Mayor Bozeman asked if the previous votes prevented the Administration from using proceeds from the Bond to provide Project Management. TAPES #1866 & #1867 City Council Reg. Mtg. Minutes December 4, 2002 Page 4 of 6 Mr. McConnell established that because the Main Motion failed, the fund was just eliminated, and would have to be brought back up for another vote. #2090 (Main Motion: Younger / Seconded: Short) Move to pass Ordinance No. 4832 on second reading creating the Public Safety Projects Fund as amended, striking a portion of the added language in SECTION 3 -- USE OF FUNDS: "and all incidental project management and administrative costs allowed by law". (Vote passed) #2388 after additional discussion, the vote was taken on the Main Motion... Voted in favor of Motion: Rollman, Younger, Short, McConnell, and Arends Voted opposed to Motion: Shepherd, Maupin, Olsen, and Nygren Motion carried: 5-Yes; 4-No 9B - ORDINANCE NO. 4833 [SECOND READING] ESTABLISHING THE DISCRETIONARY RESERVE FUND (#AB02-232): The first reading of the ordinance was heard on November 20, 2002. Dick Saunders, Interim Finance Director, reiterated details of this ordinance, and was available to answer questions. There were no comments from the public. #2488 M/S/C/U (Rollman/Short) Move to pass Ordinance No. 4833 on second reading. 9C -ORDINANCE NO. 4834 [SECOND READING] RELATING TO LID ASSESSMENTS (#AB02-233): The first reading of the ordinance was heard on November 20, 2002. Roller Lubovich, City Attorney, reiterated details of this ordinance, and was available to answer questions. There were no comments from the public. #2576 M/S/C/U (Short/Olsen) Move to pass Ordinance No. 4834 on second reading. Daren Nygren stepped out of the meeting at 6:50 P.M. 9D - ORDINANCE NO. 4835 [SECOND READING] AMENDING BREMERTON MUNICIPAL CODE CHAPTER 3.01 "RATES & FEES" TABLE FOR 2003 (#AB02-234): The first reading of this ordinance was heard on November 20, 2002. There were no comments from the public. #2633 M/S/C/U (McConnell/Olsen) Move to pass Ordinance No. 4835 on second reading. Council Member Daren Nygren was not available for this vote and returned to the meeting at 6:53 P.M. 9E - ORDINANCE NO. 4836 [SECOND READING1 RELATING TO HEARING EXAMINER APPLICATIONS AND APPEALS (#AB02-235): First reading of this ordinance was heard on November 20, 2002. There were no comments from the public. #2685 M/S/C/U (Olsen/McConnell) Move to pass Ordinance No, 4836 on second reading. TAPES #1866 & #1867 City Council Reg. Mtg. Minutes December 4, 2002 Page 5 of 6 9F - ORDINANCE NO. 4837 [SECOND READING1 CREATING UTILITY LOCAL IMPROVEMENT DISTRICT (#AB02-239): The first reading of this ordinance was heard on November 26, 2002. Michael Mecham, City Engineer, was available to answer questions. There were no comments from the public. #2745 M/S/C/U (Rollman/Maupin) Move to pass Ordinance No. 4837 on second reading. 9G - ORDINANCE [FIRST READING] AMENDING THE 2002 BUDGET (#AB02-240): Dick Saunders, Interim Finance Director, summarized that this amending ordinance will incorporate all of the changes which have been identified throughout 2002. Many of the changes are related to items that have been presented for Council's approval over the course of the year. Revenues received that are significantly greater than anticipated have been used to offset several expenditure items not included in the original appropriations. There were no comments from the public. Mr. Younger referred to Budget Adjustment No. 33, and asked for clarification on capital expenditures related to the bond issue. Mr. Saunders responded that the amount appropriated for expenditures may change and that the provided numbers were estimates. Cathy Johnson added that the amounts were provided to anticipate any costs as projects proceed. Ms. Johnson clarified for Mr. Shepherd that any money dedicated to project management would be available if project management were eliminated. #3085 M/S/C/U (Olsen/Rollman) Move to approve the ordinance amending the fiscal year 2002 budget on first reading. 9H - ORDINANCE [FIRST READING1 ADOPTING THE 2003 BUDGET (#AB02-241): Dick Saunders, Interim Director of Finance, summarized that this ordinance adopts the City's 2003 Budget at the fund level as described in the Mayor's preliminary budget. Mayor Bozeman expressed his appreciation for all the work done by Mr. Saunders, and then asked the Council for their direction in how to manage the Public Safety Bond. Helen Miller asked for the amount of the 2003 budget and deficit. Dick Saunders explained the budget was now balanced. Del Knauss reiterated his concern that the Mayor and City Council will be receiving their scheduled raises in light of the City's economic concerns. He also suggested that the City not charge residents for residential parking. TAPE #1867 Mr. McConnell proposed to re-title the Council Liaison to Legislative Assistant; and the Legislative/Internal Auditor Assistant to Council/Auditor Assistant. Mr. Rollman offered his support for the'proposed budget. Mr. Shepherd asked if the additional funds estimated from the proposed residential parking fees were included in this budget. Mr. Saunders answered yes, and clarified that the amount allocated in the budget was based on $1 per month fee. Ms. Arends pointed out that the issue of residential parking was scheduled for discussion on the agenda next week. TAPES #1866 & #1867 City Council Reg. Mtg. Minutes December 4, 2002 Page 6 of 6 #0010 M/SIC (Short/Nygren) Move to approve the ordinance adopting the 2003 Budget on first reading. Voted in favor of Motion: Rollman, Maupin, Short, Younger, Olsen, McConnell, Nygren, and Arends Voted opposed to Motion: Shepherd Motion carried: 8-Yes; and l-No #0025 (Amendment to Main Motion: Shepherd) Move that Account 354.0000 "Parking Infractions" be increased by the entire amount necessary ($25,000) to pay for the residential parking permit program. (Motion failed due to the lack of a Second) With no further regular business, the meeting adjourned at 7:23 P.M. The Council reconvened in the Council Conference Room to hold a Study Session on "Exempt Employee Policies and Procedures". P A JOH~I'O' , Deputy City Clerk / CAROL ARENDS, City Council President City of Bremerton Prepared and Submitted by: LORI SMITH Council Liaison CA/PJ/Is/cge c: Normal Distribution; File