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Home My WebLink About03/22/00 TAPE #4694 CITY COUNCIL MEETING MINUTES March 22, 2000 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4m Street, Bremerton, Washington, Wednesday, March 22, 2000, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Jim Reed, Conrad Esser, David Farr, Mike Shepherd, Ed Rollman, John Law, Cecil McConnell, and Wayne Olsen. Also present were City Attorney Glenna Malanca, 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 Deacon Roy Mclnnis of Sinclair Missionary Baptist Church. President Arends made the following announcements: (1) Council held a Pre-Council Session to discuss general Council business in the Council Conference Room; followed by a 15-minute Executive Session to discuss "Litigation" per RCW Chapter 42.30.110(1 )(I); and a 5-minute Executive Session to discuss a "Real Estate Transaction" per RCW 42.30.110(1 )(c). (2) City Council will hold a Closed Deliberation Session immediately following the Council Meeting tonight, in the Council Conference Room, to deliberate their decision and supporting findings and conclusions for the "CLOSED RECORD HEARING Appeal of Planning Commission Decision to allow a Shoreline Conditional Use Permit (CUP) for a U.S. Navy/PSNS Navigational Dredging and Pier Replacement Project; Appellant: The Suquamish Tribe". CONSENT AGENDA A. Minutes of Meeting - March 15, 2000 (#AB00-077) #0035 M/S/C/U (McConnell/Farr) Motion to approve Consent Agenda as presented. Voted in Favor of Motion: McConnell, Law, Rollman, Farr, Esser, Reed, Arends Absent from Vote: Shepherd, Olsen 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. #0050 M/S/C/U (Law/McConnell) On March 22, 2000, the Council does approve for payment those vouchers included and further described as follows: 239669 through 239894 in the amount of $330,386.63; and Regular Payroll in the amount of $756,406.67 for the pay period ending 3/15/00. Voted in Favor of Motion: Olsen, McConnell, Law, Rollman, Farr, Esser, Reed, Arends Absent from Vote: Shepherd COUNCIL MEMBER REPORTS David Farr commented on the low turnout for the District 6-7-8 meeting held Monday night, where Cris Gears and members of "Y2R" lead a discussion on the proposed community center, and Bob Duprie from Diamond Parking was available to answer questions regarding downtown parking. He thanked those who did attend, and asked his constituents to call the City Council office with any ideas they may have to increase attendance. TAPE #1694 City Council Reg. Mtg. Minutes March 22, 2000 Page 2 of 4 Ed Rollman congratulated local citizens Fred Schoneman, Larry Dickerson, and Don Larson on their recent nominations for the "Jefferson Award" in recognition for their service to the community. He also reported on the first meeting of the Mayor's Parking Committee, which was formed to resolve some parking issues in the downtown area. Lastly, he provided an update on the 11th Street Sewer Repair Project, which should be completed by March 24 and new striping completed by March 27. Mike Shepherd arrived at the meeting approximately 5:40 P.M. John Law reported on the very good turnout for the District 3 meeting held last evening, and voiced his appreciation for the input and the exchange of ideas from those who attended. President Carol Arends was also disappointed in the low turnout at the District 6-7-8 meeting, which she felt may have been affected by the last-minute change for the meeting date. She asked citizens from these districts to advise which night of the week they preferred, as well as any other comments. MAYOR'S REPORT Mayor Horton had an opportunity to serve as a Judge at the Crown Hill Elementary School's Science Fair, and applauded the students and school administration for their efforts. She announced a Free Public Concert by Navy Band Northwest "Cascade" tonight at the Bremerton High School Performing Arts Center beginning at 7:00 P.M. Lastly, she sadly reported on the death of a 6-year old boy over the weekend, which the Police now believe may have been due to child abuse. She urged people in the community to report any known or suspected incidents. LEGISLATIVE REPORT - There was no report this evening. It was announced that the official ballot title for the Parks & Recreation Bond was submitted to the County Auditor on Monday, therefore, Public Comment will not be allowed on this subject. PUBLIC RECOGNITION Elizabeth Buell attended a recent presentation on the proposed recreation center, which she found very impressive, and encouraged citizens to support the project. Gordy Byrd expressed his love for everyone, and reminded people to appreciate each other. John Lyle, representing West Sound Arts Council, encouraged attendance at three upcoming events, "An Affair to Remember' on April 7; Spring Tea & Fashion Show of Vintage Clothing on April 8; and an vignette exhibit celebrating the "Traditions of Serving Tea" on April 8. As the President and Co-Chair for Evergreen Children's Theater, he also invited the public to attend a performance of "Lazer Vaudeville" this Saturday at 2:00 P.M. at the Admiral Theater. The following item (9E) was moved up on the Agenda, and will be the first NEW BUSINESS item: 9E - LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND THE BREMERTON POLICE OFFICER'S GUILD, #AB00-082: Human Resources Director Carol Conley reported that pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the Bremerton Police Officer's Guild resulting in the attached Labor Agreement. These negotiations have been discussed with Council in Executive Session. This Labor Agreement replaces the current one, which expired on December 31, 1999. The new Labor Agreement's term is January 1, 2000 through December 31, 2000, and has been ratified by the Union's membership. Council approval is recommended, and required to implement the new agreement. Police Chief Rob Forbes TAPE #1694 City Council Reg. Mtg. Minutes March 22, 2000 Page 3 of 4 discussed other changes, including a 50-hour cap imposed on comp-time, and what he considered to be one of the most important achievements in negotiating this contract for management from a non- economic viewpoint, the obtainment of flexibility in work hours for Specialty Unit employees such as Bike Patrol, Traffic, and Canine. There were no comments from the public. #067'7 M/S/C/U (McConnell/Olsen) Move to approve the Labor Agreement by and between the City of Bremerton and the Bremerton Police Officer's Guild January 1, 2000 through December 31, 2000, and make the necessary administrative amendments to the 2000 budget. 9A - EXTENSION OF PROFESSIONAL SERVICES AGREEMENT WITH MARTEN & BROWN. #AB00-078: City Attorney Glenna Malanca reported that the City has retained counsel to provide legal services in areas of expertise. Upon occasion a new law firm is asked to extend their services for additional time or compensation when the City is satisfied with the current services being received and are in litigation. Marten & Brown is representing the City in the Tal Price/A&K Trust Lawsuit regarding Shellfish harvesting in Dyes Inlet. Marten & Brown will be asked to provide additional services for sum not to exceed an additional Fifty-Thousand Dollars ($50,000). Ms. Malanca further noted that this matter is currently before the Court on a "Motion for Summary Judgement", and because there are multiple judgements by both the plaintiffs and the defendants, it is hoped there will soon be a conclusion on this case, and she will not have to return for additional authorization. There were no comments from the public. #0737 M/SIC (Reed/McConnell) Motion to approve the amendment to the Professional Services agreement with Marten & Brown, and to increase compensation not-to-exceed an additional Fifty Thousand Dollars ($50,000), for a total contract amount of $125,000. Voted in Favor of Motion: Rollman, Shepherd, Esser, Reed, Olsen, McConnell, Law, Arends Abstained on Motion: Farr 9B - BID AWARD FOR SR304 TRANSPORTATION IMPROVEMENT PROJECT. GATEWAY PHASE, PORTER STREET TO MONTGOMERY AVENUE, #AB00-079: Project Manager Lynn Price stated that bids were opened for the SR 304 Transportation Improvement Project, Gateway Phase contract on March 8, 2000. This contract provides for the realignment and construction of the SR 304 roadway from Porter Street and Cambrian Avenue to Burwell Street and Montgomery Avenue. The contract work includes removing existing streets and alleys and constructing new roads, sidewalks, storm drainage, ornamental street lighting, traffic signals, permanent signing, fencing, landscaping, and irrigation. Two bids for this project were received. Stan Palmer Construction, Inc. was the lowest responsive bidder with a bid of $4,243,253.28. The Engineer's estimate for the project is $4,694,296.14. The action before the City Council is approval of the contract with Stan Palmer Construction for the SR 304 Transportation Improvement Project, Gateway Phase contract. It was verified that funding authorization has been received from the Federal Highway Administration, and the Transportation Improvement Board. There were no comments from the public. #0850 M/S/C/U (Farr/OIsen) Move to approve award of $4,243,253.28 bid with Stan Palmer Construction, Inc. for the SR 304 Transportation Improvement, Gateway Phase contract, and authorize the Mayor to execute the same. TAPE #1694 City Council Reg. Mtg. Minutes March 22, 2000 Page 4 of 4 9C - CONTRACT CHANGE ORDER AUTHORIZATION FOR SR304 TRANSPORTATION IMPROVEMENT PROJECT. GATEWAY PHASE. #AB00-080: Project Manager Lynn Price stated the contract bid from Stan Palmer Construction, inc. for the SR 304 Transportation improvement Project, Gateway Phase, is $4,243,253.28. Staff requests, in accordance with BMC Chapter 2.76.500(b)(2), that the City Council provide the Mayor with $250,000 of change order authority. BMC Chapter 2.76.500(a)(4) only allows for an increase of 20% of the contract price, or $30,000, whichever is less, which is inadequate for a contract of this size and complexity. The requested $250,000 of change order authority is less than 6% of the contract bid amount. This additional change order authority will allow for the expedient processing of change orders during the construction of the roadway. Council was assured that detailed updates on the status of change orders in process would be provided in the Department's Monthly Update Report. There were no comments from the public. Mr. McConnell made a suggestion for City Council to review and possibly make a change to BMC Chapter 2.76.500, so that Council approval is not required for every necessary change order. #1002 M/S/C/U (McConnell/Law) Motion to authorize the Mayor to execute change orders on the SR 304 Transportation Improvement Project, Gateway Phase contract to a limit of $250,000 for a total contract amount not to exceed $4,493,253.00 in accordance with BMC Chapter 2.76.500(b)(2). 9D - PROFESSIONAL SERVICES AGREEMENT WITH WASHINGTON TIMBERLAND MANAGEMENT FOR HARVEST MANAGEMENT AND MARKETING. #AB00-081: Gene Sampley, Director of Public Works & Utilities, stated that Washington Timberland Management (WTM) will assist in completing Forest Practices applications, conduct field marking, provide logging plans, operations management, and marketing for highest value, on selected growth timber stands within Water Utility forest land as specified by the Forestry Manager. Harvest operations will consist of both even-age and uneven-age types. The Forestry Manager will determine residual stocking and leave- tree selection. This action will further the overall goals of the Forest Management Plan and will substantially contribute to the Water Utility's revenue for 2000. WTM has been under contract with the City on prior occasions for special logging operations, and have successfully managed timber harvest. This year, a thinning approach will be used on approximately 350 acres of timberland, with a residual of approximately 120 trees per acre. Because this is "selective harvesting", on-site supervision is needed. WTM is excellent at marketing timber, and even with their 9% fee, the value of timber revenue to the City is estimated at approximately $700,000. There were no comments from the public. #1180 M/S/C/U (McConnell/Law) Move to authorize the Mayor to execute the attached Professional Services agreement. With no further business, meeting adjourned at 6:20 P.M. CAROL ARENDS, City Council President City of Bremerton P J/CNIs/cg C: Normal Distribution, File