HomeMy WebLinkAbout04/21/04 TAP E # 1946
CITY COUNCIL MEETING MINUTES ~1~1~¥
Wednesday, April 21, 2004
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, April 21, 2004, at 5:30
P.M., with Council President Daren Nygren presiding. Council members present were Mike Short,
Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell and
Brad Gehring. Also present were City Attorney Roger Lubovich; Interim 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 provided by Council Member Dianne Robinson.
President Ny.qren made the following announcements:
1. The Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM;
2. Item 3D under the CONSENT AGENDA has been pulled and placed as Item 6B under NEW
BUSINESS; and
3. Council will convene in the Conference Room for an Executive Session immediately following
the regular business of the Council Meeting to discuss "LITIGATION" per R.C.W. Chapter
42.30.110(1 )(i).
CONSENT AGENDA
A. Minutes of City Council Meeting - March 31,2004 (#AB04-065)
B. Affiliation Agreement between the City of Bremerton and Tacoma Community College
allowing the Bremerton Fire Department to be a Training Site for Paramedic Students
(#AB04-066)
C. Professional Services Agreement between the City of Bremerton and SYSTEMS DESIGN
for Ambulance Billing (#AB04-067)
~,-,,-I 15 ''''~ *h~. oran.4 r,~l ........ + ~,..,., D,.... (#.A. BO4 n~ Item p lied, and placed as
Item 6B under NEW BUSINESS...
#0050 M/S/C (PriestYArends) Move to approve the Consent Agenda as presented.
Voted in favor of Motion: Gehring, Priest, Shepherd, Robinson, Arends, Maupin, Short, Nygren
Voted opposed to Motion: McConnell
Motion carried: 8-Yes; and 1-No
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.
#0075 M/S/C/U (McConnell/Short) On April 21, 2004, the Council approved payment of Check
numbers 289736 through 289946; and EFT-8139 through EFT-8152 in the amount of
$2,205,361.72 on the Master Check Register; Regular Payroll in the amount of $1,273,780.91 for
the pay period ending March 31, 2004; and Retiree Payroll in the amount of $152,937.39 for the
pay period ending March 31,2004.
MAYOR'S REPORT - Mayor Bozeman... · Endorsed the Council's proposed Resolution to bring a NASCAR facility to Bremerton;
· Expressed his frustration that the members of the Bremerton Housing Authority Board were
not working quicker to alleviate the sub-standard Iow-income housing at Westpark;
· Congratulated the Chrey's for their efforts to make improvements to the DIETZ BUILDING;
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· Announced the contract has been let for street improvements at Burwell and Washington;
· Asked the Community Development and Legal Departments to look at updating City codes
to control the appearance and location of newspaper boxes placed on City sidewalks;
· Hoped to have an update report next week regarding the library restoration project;
· City of Bremerton residents are encouraged to drop off yard waste for "Spring Clean-Up"
during the week of April 26th to May 1st from 8:00 A.M. to 5:30 P.M. at the Public Works &
Utilities Facility located on Oyster Bay Drive;
· Reminded the Council that the Armed Forces Day Parade is coming up on Saturday, May
15th starting at 1 0:00 A.M. downtown;
· Assigned staff to explored the possibility of a joint Maintenance Facility with the Bremerton
School District and the City's Parks Department; and
· Was pleased to announce that Crownhill Elementary Principal Gail Sackman will become
the principal of Naval Avenue Elementary School next year; and Dianne Robinson will
serve as a member of the school's PTA.
6A -APPROVAL TO HIRE DIRECTOR OF PUBLIC WORKS & UTILITIES ABOVE RATE t (AT
RATE 7 OF PAY BAND 22) OF THE 2004 MANAGEMENT SALARY PLAN; AND TO CONFIRM
APPOINTMENT OF PHIL H. WILLIAMS TO THE POSITION (#AB04-069): Mayor Bozeman
explained that BMC Chapter 2.50, Section 2.50.032 (a) requires Council confirmation for the
appointment of a Department Director and approval for an initial salary rate which exceeds Rate 1.
Council confirmation and approval is requested to hire Phil H. Williams as Director of Public Works
& Utilities at Pay Rate 7 of Band 22. Mr. William's exemplary career spans 29 years in both public
and private sectors, 12 years of which were the City of Spokane as Public Works Director, Director
of Environmental Programs, and Executive Director of Spokane Regional Solid Waste System.
Most recently he has been serving as interim Director of Public Works for the City of Marysville.
Private Sector experience includes 5 years with Kaiser Aluminum as an Environmental Engineer
and 5 years as a consultant with CH2MHilI, primarily working with local governments in WA, ID,
OR, and NV to develop water, wastewater, and transportation projects to design or design/build
Mr. Williams received only the highest of recommendations from his former employers.
There were no comments from the public.
Mr. McConnell revealed that he had concerns which would dictate his vote. Mr. Maupin and Mr.
Short provided comments in support of appointing Mr. Williams; and Mr. Shepherd commented
that his decision would be based on the facts and not on information provided through the media.
#0430 M/S/C (Arends/Maupin) Move to confirm and approve the hiring of Phil H. Williams as
Director of Public Works & Utilities at Pay Rate 7 of Band 22.
Voted in favor of Motion: Priest, Shepherd, Robinson, Arends, Maupin, Short, Gehring, Nygren
Voted opposed to Motion: McConnell
Motion carried: 8-Yes; and 1-No
6B - SALARY INCREASE FOR JIM SVENSSON~ DEVELOPMENT MANAGERT FROM RATE ?
TO RATE 6 ON BAND 15 OF THE 2004 MANAGEMENT SALARY PLAN (#AB04-068): Chris
Hu,qo, Community Development Director, explained that the position of Development Manager
was created by Council action effective October 10, 2002. At that time, the duties of this new
position were considered to be slightly subordinate to the duties of Planning Manager (a position
that was created in Jury 2002). Since that time, however, the two positions have held similar levels
of management responsibility and authority in practice. Currently, the Development Manager
supervises one more employee than the Planning Manager. The proposed adjustment from Rate
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2 to Rate 6, Band 15, recognizes the parity in these two positions, and credits the incumbent
Development Manager with years of employment since original hire in October 2001.
There were no comments from the public.
Mr. McConnell questioned if this position was included in the recent salary survey; and if this item
was budgeted for, were there any other line items that the Council should review. Mr. HuRo
believed the pay was similar to other positions in the region, and therefore believed that his
request to make the salary comparable was valid; he also confirmed that this request had been
budgeted (the only addition to DCD staff), but there were delays in bringing it to Council. Mr.
Gehrin~ asked if full-time benefits would be provided if the position was only 3/4-time. Mr. Hugo
replied that the benefits were adjusted according to his compensation.
#0715 MISICIU (Arends/Priest) Move to approve the salary increase for Development Manager
from Rate 2 to Rate 6 of Band 15.
7A - ORDINANCE NO. 4891 [SECOND READING] AMENDING SECTION 6.32.010 OF THF
BREMERTON MUNICIPAL CODE RELATING TO NOISE CONTROL DISTRICTS TO INCLUDF
THE DW [DOWNTOWN) AND DC (DOWNTOWN CORE) ZONES (#AB04-061): First reading of
this ordinance was heard on April 14, 2004. RoRer Lubovich, City Attorney, stated that in
response to a suggestion to identify the meaning of "DW" and "DC" in the ordinance, an
amendment was made to add the words "downtown waterfront" after "DW" and "downtown core"
after "DC".
Gordy Byrd asked for the areas to be defined. Mr. Lubovich explained that "downtown
waterfront" was designated from Washington Avenue to the water, up to 5th or 6th Street; and
"downtown core" was the area from Washington to about one-third of the way up Pacific Avenue.
#0805 M/S/C/U (McConnell/Arends) Move to pass Ordinance No. 4891, as amended, on second
reading.
7B - ORDINANCE NO. 4892 [SECOND READING] AMENDING SECTIONS 11.08.100 AND
11.08.130 OF THE BREMERTON MUNICIPAL CODE RELATING TO PERMIT AND INSURANCF
REQUIREMENTS FOR SIDEWALK CONSTRUCTION~ RECONSTRUCTION~ AND REPAIR
[#AB04-062): The first reading of this ordinance was heard on April 14, 2004.
There were no comments from the public.
#0845 M/S/C/U (Arends/Priest) Move to pass Ordinance No. 4892 on second reading.
7C - ORDINANCE NO. 4893 [SECOND READING] REPEALING AND REPLACING CHAPTER
2.78 OF THE BREMERTON MUNICIPAL CODE RELATING TO REAL PROPERTY
TRANSACTIONS (#AB04-063): The first reading of the ordinance was heard on April 14, 2004.
There were no comments from the public.
#0885 M/S/C/U (Short/McConnell) Move to pass Ordinance No. 4893 on second reading.
7D - ORDINANCE [FIRST READING] AMENDING CHAPTER 2.13 OF THE BREMERTON
MUNICIPAL CODE RELATED TO FILINGS AND APPEALS FEES REGARDING PROCEEDING-~
BEFORE THE ADMINISTRATIVE HEARING EXAMINER (#AB04-070): RoRer Lubovich, City
Attorney, pointed out that the current provisions of Chapter 2.13 of the Bremedon Municipal Code
needs to be clarified regarding the location for filing applications and appeals to the Administrative
Hearing Examiner, and to further provide a refund of appeal filing fees when the appellant is the
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substantially prevailing party. The filing fee for an appeal is $175. The proposed ordinance makes
these changes to Chapter 2.13.
There were no comments from the public.
#0985 M/S/C/U (McConnell/Arends) Move to approve the proposed ordinance on first reading.
7E - ORDINANCE [FIRST READING] AMENDING CHAPTERS 3.86 AND 3.50 OF THF
BREMERTON MUNICIPAL CODE RELATING TO UTILI'F~ TAXES (#AB04-07'I): Roger
Lubovich., City Attorney, reasoned that the current provisions of Chapter 3.86 of the Bremerton
Municipal Code (BMC) relating to apportionment of taxes of multiple taxing jurisdictions are vague.
Additionally, the current definition of "gross income" in BMC Chapter 3.50 is not consistent with the
Washington Administrative Code definition and that chapter needs further clarification as to when
the tax imposed is due. The proposed ordinance clarifies the provisions of BMC Chapter 3.86
relating to apportionment of taxes and further updates BMC Chapter 3.50 to update the definition
of "gross income" and clarify when the tax is due.
There were no comments from the public.
#1091 MISICIU (Priest/McConnell) Move to approve the proposed ordinance on first reading.
7F - RESOLUTION NO. 2924, APPROVING CITY OF BREMERTON POLICY NO. 2-10-02~
LOSS OF PUBLIC FUNDS OR ASSETS (#AB04-072): Gary Nystul, City Auditor, stated that the
City of Bremerton Audit Committee has amended City Policy No. 2-10-02, Loss OF PUBLIC FUNDS
OR ASSETS in order to update the procedures for reporting and investigating loss, suspected loss,
or misappropriation of public funds or assets. The proposed resolution approves the policy.
There were no comments from the public.
#1174 M/S/C/U (Shepherd/McConnell) Move to pass Resolution No. 2924 approving the
amendment of City Policy 2-10-02 relating to loss of public funds or assets.
PUBLIC RECOGNITION
Allen Shute was concerned that he has still not received a copy of the Job Description for Bob
Duprie as he requested at the last Council meeting; and expressed his opinion that homeless
people should be allowed to park on the City's Streets.
Gordy Byrd was pleased to invite members of the Council to his wedding at the Neighborhood
Christian Center at 3:00 P.M. on Sunday, July 4, 2003
Jim Tewsberry invited the public to attend the "Festival of Music for Food" to benefit the
Bremerton Food Line on Saturday, May 22, with shows at 2:00 and 6:00 PM at the Emmanuel
Lutheran Church. Suggested donation is $10 or $10 (or more) worth of food.
COUNCIL MEMBER REPORTS
Brad Gehrinq announced a "CD Release Party" for the Bremerton band The Toneblasters at the
Manette Saloon on Friday; and encouraged citizens to participate in the courtesy "Furniture
Amnesty Day" on Sunday, April 25 at the Olympic View Transfer Station and/or "Spring Clean Up"
for yard waste all next week at the Public Works & Utility Operations facility located on Oyster Bay.
Mike Shepherd reported that he and Council President Nygren participated in the Sinclair Inlet
Clean-Up event last Saturday.
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Dianne Robinson announced a District 6 Neighborhood Meeting to be held in the Commons area
of Bremerton High School on Monday, April 26 from 6:30 to 8:00 P.M. to discuss neighborhood
concerns and plan a float for entry in the Armed Forces Day Parade in May.
Carol Arends provided a briefing on the Land Use hearing for the proposed Homeless Shelter
held on Tuesday, and noted that the Hearing Examiner will study the issue for the next lO-days.
Will Maupin reported on the dedication ceremony for the H.O. "WHITEY" DOMSTAD VIEWSCAPE in
honor of former City of Bremerton Mayor and also his father-in-law; and on his attendance at a
meeting of the Bremerton Housing Authority, where he felt that contrary to the Mayor's comments,
the Bremerton Housing Authority Board members were making progress on future housing plans.
Mike Short reiterated information on then Kitsap Lake Neighborhood Association meeting to be
held at Camp McKean on Monday, April 26 with a representative from the SEATTLE OUTBOARD
ASSOCIATION.
Daren N¥,qren added that he and his wife Lynn participated in the Sinclair Inlet Clean-Up event,
and were pleased to have 9 caring teenagers join them as they collected 9 bags of garbage; and
attended the Kitsap County Sheriff's Awards & Promotional Ceremony last night, and in particular
congratulated Deputy Jim Rye for being nominated by his peers for Deputy of the Year.
Council reconvened in the Council Conference Room to hold a 20-minute Executive Session to
discuss "LITIGATION" per R.C.W. Chapter 42.30.110(1)(i) from 6:35 to 6:55 P.M.
#2060 MISICIU (Maupin/McConnell) Move to authorize the City Attorney's office to settle PAPE &
SONS CONSTRUCTION vs. DRAKE CONSTRUCTION COMPANY, INC. & City of Bremerton, Kitsap County
Cause No. 98-2-03255-5 for $125,000, with $90,000 paid by INSURANCE COMPANY OF THE WEST
and $35,000 paid from the wastewater fund.
With no further business, the meeting of the City Council was adjourned at 7:00 P.M.
Prepared and Submitted by:
LO'Ri SMITH
Legislative Assistant
PAULA~(~I-I~S'I~O~, Interir:n City Clerk
City of Bremerton
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