HomeMy WebLinkAbout05/31/95TAPE #1291
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
COUNCIL
APPROVED
JUN 14
MAY 31, 1995
#0011
#0030
The regular 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, May 31, 1995, at 5:30 P.M., with
Council President Sherril Huff-Menees presiding. Council members
present were Bob Winters, A1 Colvin, Morrie Dawkins, Carlos
Montgomery, John Law, David Farr and Lon Overson. Councilman
Richard Neville was absent. Also present were City Attorney Ian
Sievers and City Clerk Kathy McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Huff-Menees and Invocation given by Jim Bemis, Deacon
from Star Of The Sea Catholic Church.
CONSENT AGENDA
A. Minutes of Meeting - May 17, 1995
#AB95-116
M/S/C/U(Colvin/Montgomery) to approve Consent Agenda as presented.
CLAIMS/CHECK REGISTEP~8
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.
M/S/C/U(Colvin/Montgomery) on May 31, 1995, the Council does
approve for payment those vouchers included and further described
as follows: 18456, 18458, 18461, 184986 through 185139 in the
amount of $918,455.03; and Regular Payroll for the period ending
May 15, 1995, in the amount of $613,723.69.
President Huff-Menees announced Council will hold an Executive
Session on Wednesday, June 7, 5:00 - 5:20 P.M., in the Council
Conference Room - Topic of discussion: "Labor Negotiations".
COONCIL MEMBER REPORTS
Mr. Overson reported he thought Memorial weekend was one of the
best we've had in a number of years; and he particularly enjoyed
the Memorial Services held at Ivy Green Cemetery.
Mr. Farr reported on recent activity in District #6 - residents,
lead by Mary Sump, are organizing a clean up effort in the Anderson
Cove area as well as helping to clear a lot that is to be turned
into a playground. This group is seeking financial donations to
help develop the lot, which will provide a playground for children
in that area. He was pleased to see people helping each other and
TAPE #1291
City Council Reg. Mtg. Minutes
May 31, 1995
Page 2 of 9
helping to turn around a neglected area. Another issue the
residents are concerned about and fighting and that is crime. He
emphasized many of the properties in that area are rental
properties and many are in disrepair and need some attention by the
owners. He personally contacted one of the property management
firms, Anchor realty, who indicated they would provide some help
with maintenance and repairs. He extended an appeal to the
property owners of that area to come by and look at their
properties and see if an effort can be put into some maintenance
and renovation work to improve the neighborhood.
Mr. Montgomery reported Friday night he had the privilege of
attending Mary Ann Harris's Dinner Theater where he had an
excellent dinner and enjoyed the play "Private Lives". He highly
recommended that entertainment for a weekend evening. "Private
Lives" is scheduled to run from May 25 to June 24. He recommended
making reservations for the Dinner Theater early due to tickets
selling out quickly. On Memorial Day he attended ceremonies at
Retsil Veterans Home, Sunset Lanes and Ivy Green Cemetery. He
enjoyed all of the ceremonies and was pleased with the large
turnout at each event. He was concerned that only one things was
missing from the Ivy Green Ceremony - a live band to play the
National Anthem.
Mr. Dawkins reported he could not recall how many years it has been
since we've had such nice weather for so many days in a row. He
cautioned everyone to drive carefully now that school children will
be getting out school.
Mr. Colvin thanked Mayor Horton for the excellent report she gave
to the Bremerton Central Lions Club today. He congratulated all
those who organized the Memorial Ceremony at Ivy Green Cemetery.
He also congratulated Councilman David Farr for his idea of
absentee landowners giving some attention to their rental
properties to help improve neighborhoods throughout the City. On
Sunday, he was invited to a Kitsap Lake residence where he
encountered a situation involving a land dispute, but some people
are trying to make it a racial issue. He was told a City Police
Officer told one of the property owners in the dispute that if he
did not move the City could condemn his property and make him move.
He discussed that situation with Mayor Horton, who assured him the
City does not operate in that manner. Councilman Winters was also
informed of the land dispute issue and attended the same gathering.
At first Mr. Colvin was reluctant to go out into District #9 since
it was Mr. Winters' neighborhood, but as far as he is concerned a
Council members represent the whole City, not just their own
neighborhood.
Mr. Winters stated he also enjoyed the Memorial ceremonies at Ivy
TAPE #1291
City Council Reg. Mtg. Minutes
May 31, 1995
Page 3 of 9
Green Cemetery and was pleased the nice weather added to the
holiday weekend. On Sunday, he did stop by the Tortes' residence
and spoke with a number of people about the confrontational actions
that are being experienced in the neighborhood. What Mr. Boddie
and he determined, after walking through that neighborhood and
talking with the local residents, is that a few of the neighbors
have not even met one another and that was why there was a potluck
type picnic to offer them an opportunity to get better acquainted.
He felt his job, as a Councilman, was to go and listen to what was
being said by both sides of the dispute as well as the surrounding
neighbors. He believes tensions within that neighborhood could be
lessened if people would be more friendly to one another even if it
is just a wave of the hand or saying a "hello" to one another and
then let the courts decide the property boundary issue.
MAYOR,S REPORT
Mayor Lynn Hotton stated when she first learned about the dispute
Mr. Winters referenced it seemed like a rather low level but
contentious property boundarydispute. Issues like that are fairly
easy to deal with from a technical standpoint. But, when emotions
tends to get involved it becomes more heated. There are more than
one property disputes in the City of Bremerton and they tend to be
rather unpleasant. She emphasized if a member of her staff made a
statement that the City would condemn property because of a
neighborhood dispute, such a statement is erroneous. The City only
has certain ways that property can be condemned and the City must
show the municipal need in order to initiate such action. A
dispute between two neighbors does not qualify. We can't nor do we
have any intention to take someone's property away from them.
However, she believes the City can be of assistance in helping iron
out disputes and has offered to other neighbors in similar
circumstances a one-time dispute resolution session to try and
mediate the dispute. The City can make such an offer in this
situation, if needed. She also emphasized the need to de-escalate
the emotions involved from the initial dispute then maybe it can be
taken a step-at-a-time to resolve the problem.
Mayor Horton reported the City received two financial donations for
the Anderson Cove playground project, and she shared some of the
accompanying comments. She applauds Ms. Sumps for her efforts in
trying to provide a play area for their neighborhood children and
to improve the general appearance of the neighborhood.
Mayor Horton congratulated all of the organizers of the Memorial
Day Ceremonies. She felt it was fitting for this community to not
only recognize all of our dead, but specially our veterans.
Mayor Horton introduced Dave Peters, Recycling Coordinator for
Kitsap County. Mr. Peters announced recently Kitsap County
TAPE #1291
City Council Reg. Mtg. Minutes
May 31, 1995
Page 4 of 9
received an award from the Department of Ecology (DOE) - The Best
Western Washington Government Waste Reduction And Recycling
Program, the most coveted award in the state. This award would not
have been possible without the cooperation of the City Of Bremerton
and some of the leadership the City of Bremerton has shown in the
area of recycling over the years. He wants the City to share in
the award even though it was presented to Kitsap County. He
thanked Mayor Horton, former Council member Russ Johnson, Harry
Wilson, City representative on the County Solid Waste Advisory
Committee, Kathleen McCluskey, Director of Administrative Services,
Terrie O'Neill, Municipal Services Coordinator, and the citizens of
Bremerton. The County-wide recycling rate is 39.5%.
PUBLIC RECOGNITION
Robert Boddie, Director of P.O.W.E.R., stated the matter with the
Mr. & Mrs. Tortes was brought to his attention at one of the NAACP
and after meeting with Mr. Torres and his family, he took it upon
himself, along with some other organization (Blacks In Government,
National Coalition Of Malicious Harassment, NAACP, Kitsap County
Human Rights Council), to show community support and put together
a potluck/barbecue to try and take down some of the tension in the
neighborhood. When he canvassed the Torres' neighborhood he found
a lot of anger and hostility because people are looking at the
situation as "not in our neighborhood", and some commented they had
some Indian in them and they work with coloreds. He pointed out
the name "colored" has been out for a long time and in his opinion
that community does need some help. He emphasized not everyone in
that neighborhood are "racist", however, people perceive that
because a black man lives in the area the area could become violent
and an area that is inviting to gangs. No one should be judged by
the color of their skin or where they work or how much money they
make. Approximately 75-80 people attended the barbecue on Sunday
and those attending came as far away as Shelton and Bainbridge
Island. Kitsap County Commissioner Matt Ryan and Councilmen Colvin
and Winters also attended that gathering. Those attending were
from all races, cultures, adults as well as children. It also
upset him a great deal to hear that a Bremerton Police Officer
would say to an individual that they should move out of the area or
that the City could cause him to move out of the area. He stressed
the importance of people getting acquainted with one another and
communicating in a way that people know what is going on in a
particular area. He was pleased that people showed concern
throughout the whole County.
David Johnson, member of the Citizens Advisory Committee for the
Wastewater Treatment Plant Odor Control project, again asked the
question: "Is the City proposing to condemn the area north of the
wastewater treatment plant"? He wanted an answer, either way, so
that the residents in that area could be informed. He did receive
TAPE #1291
City Council Reg. Mtg. Minutes
May 31, 1995
Page 5 of 9
a response from Ian Sievers, City Attorney that stated: "He was
basically responding to Mr. Johnson's request at the City Council
meeting of May 17, 1995, requesting a formal cancellation of this
project, by the Mayor,.or a preparation of a SEPA checklist for the
project that the City plans on going forward". Mr. Johnson
emphasized that was not his request...his request was simply was
the condemnation of property a viable proposal. He and his
neighbors in the subject area would like to get on with their
lives, one way or another. Again, he requested a response.
7A - PROFESSIONAL SERVICE CONTRACTS FOR RETAINED COUNSEL: JEAN
SCHIEDLER-BROWN & ASSOCIATES~ AND CASEY & PRUZAN, #AB95-117
The 1995 Legal Department budget reallocated funding for two civil
assistant city attorney positions to professional services with the
objective to retain private counsel for claims and litigation
services beginning in May. The two staff positions have actually
been vacant since the beginning of the year.
A selection was conducted this spring beginning with a request for
proposals in three categories of related legal representation:
Lend Use/Environmental, Personnel/Labor, and General Tort/Contract.
With the assistance of affected departments, submittals were
screened for qualifications and proposals requested of those
qualified. Four to five firms submitting the best proposals were
interviewed by a selection team, with the Mayor, Council, and
interested departments participating.
The committee recommends the Casey & Pruzan firm to handle
litigation in the Land Use/Environmental and Tort/Contract areas,
and to provide research and consultation in these areas as
requested. The firm of Jean Schiedler-Brown & Associates is
recommended for the area of Personnel/Labor and research and
consultation in this area as requested. Both are two year
contracts terminable upon four months notice. The Casey & Pruzan
firm will bill at $100 per hour, and the Schiedler-Brown firm will
bill at $95 per hour.
Ian Sievers, City Attorney, pointed out a correction on the term of
the Schiedler-Brown contract... termination date of 1997 instead of
1995.
During the interview of the finalist, an issue was raised about
charging for travel between Bremerton and Seattle since both of
them are Seattle firms. An agreement has been reached with both
firms that they would not bill for time on the ferry traveling
between Seattle and Bremerton unless they were working on Bremerton
cases.
In response to being asked to comment on the number of local firms
TAPE #1291
City Council Reg. Mtg. Minutes
May 31, 1995
Page 6 of 9
submitting proposals, in the earlier Prosecution contract seven of
the nine firms that submitted proposal or qualifications were
Kitsap County firms. On the other three areas of civil litigation,
six of the 19 firms submitting qualifications or proposal were
Kitsap County firms. By the time the final interviews were set, 3-
4 Kitsap County firms were part of that group.
Mr. Sievers explained he included both contracts under a single
Agenda Bill since it is a single budgetaryprogram change, however,
However, two separate motions for approval are necessary.
Public comment - none.
Mr. Overson asked if there would be any more contract for legal
services coming to Council? Mr. Sievers stated these contracts
will be the last for outside retained counsel. He noted the only
caveat would be if some of the firms that have been retained by the
City in the past need adjustments. As he mentioned when presenting
the Carney Badly contract, that was a set of figures that would
probably need to be adjusted this calendar year if in fact we had
to continue paying them rather than having the insurance counsel
pick up that cost. Other than the Foster, Pepper & Shefelman
contracts, which may need amendments on amounts, this should
conclude hiring outside counsel services. Mr. Overson questioned
if an assessment was conducted on the applicants as to their
effectiveness in the areas of their expertise, and if he had a
measure for that data? Mr. Sievers stated the City requested a
specific proposal and once a review was made of their general
qualifications for the submittal in areas they thought they
qualified, in most cases the City received more specific background
from the firms that were finally interviewed. Also, the interviews
themselves did focus on those specific areas of legal services the
City was wanting covered (labor/personnel, general tort and
contract defense, land use and environmental law). In some cases,
a secondary conference call interview was conducted. Mr. Overson
stated Mr. Sievers will have a challenge as the manager of the
department budget to make it all fit in according to the estimates.
He asked Mr. Sievers if he felt comfortable with that aspect of
monitoring the contracts? Mr. Sievers agreed with Mr. Overson that
it will be a challenge. Many times attorneys grab onto to a case
and it is hard to wrestle it back within a budgetary parameter. He
felt if a fair amount of time was given to strategizing how the
defense will be handled, and ask for preliminary budgets and
revisions as they progress through a case, budgetarily it could be
contained and not over litigated. The firms will be asked to
submit their billings by individual claim or case so that a history
can be developed showing the kind of cases money is being spent on
and to provide better control.
TAPE #1291
City Council Reg. Mtg. Minutes
May 31, 1995
Page 7 of 9
Mr. Farr asked if he understood correctly that in coordinating the
contracts for this legal service that he will have some sort of an
understanding how much time would be involved in a particular case
before authorization is given to move forward on it? Mr. Sievers
stated yes, early on when the case is assigned or submitted to the
firm the first thing he will do is to develop a strategy outlining
their estimated cost through certain steps of the proceeding, and
if there was a way to shortcut some of the process, such as going
for early dispositive motions, joint defense, etc. If the City has
some large cases going with these two firms, the budgets submitted
on those cases may clearly reflect that those budgets may exceed
the department's budget for that year. If that happened, he would
bring the issue back to Council so they don't run up the
department's budget half way through the year. Mr. Farr stated it
was his hope that the City will end up with some detailed
documentation. He felt the only way to judge whether or not the
City was obtaining legal services for less money than to have it
totally in-house was to have detailed records to compare this
system with the old system. Mr. 8ievers stated he agreed and that
was why the history on the type of claim or litigation is
important. After a year or two, the City can make a determination
that predominate number of hours were spent on minor claims and
should be handled another way. The City previously contracted out
its unemployment claims, however, that was taken in-house in 1987-
88.
Mayor Lynn Horton stated one of the things that she tried to get a
handle on in 1994, was the fact the City had individual departments
contracting with their own attorneys and may or may not have been
coordinating through Mr. Sievers and his legal staff. This is an
attempt to do multiple things: (1) to provide the indepth expertise
that we don't have readily available; (2) help reduce costs, but
also to be able to identify and have a funneling conduit so that
Mr. Sievers, she and the City Council, will know what entities are
dealing with what attorneys on what matters. She sees this as a
comprehensive approach to get a handle on certain issues and
streamline the process while getting greater expertise.
Mr. Law asked if this will cause the City to have less expenses for
outside counsel and will they overlap into some of those areas
other firms were being retained? Mr. Sievers stated the outside
counsel on all of the contracts currently in place or in the past
are not at a flat rate, but on an hourly rate so they don't really
overlap. He is trying to maintain efficiencies with some of the
cases that have been handled by Foster, Pepper and Shefelman, i.e,
insurance coverage cases where they have experience with the City's
policies or cases they have been handling...those cases will not be
switched. With that in mind, new cases assigned to these firms
should not be redundant of other work that has been done. Mr. Law
questioned if some City departments have been paying legal fees out
#1400
TAPE #1291
City Council Reg. Mtg. Minutes
May 31, 1995
Page 8 of 9
of their budgets or have all legal fees been going through his
department? Mr. Sievers stated no, the Auditor discovered a
considerable amount of funds were being conduited through the
Personnel Department, principally on a lot of different kinds of
personnel matters. That department had a certain budget approved
by Council for consultants or outside help, but their budget was
supplemented with other departments' funds and was directed toward
additional legal services for one matter or another. Mr. Law asked
Mr. Sievers if he had any authority over the selection of
attorneys for those needs? Mr. Sievers stated no, and he did not
have an opportunity to review the billings on those matters.
Mr. Overson noted Mr. Sievers commented on a system within his
department to develop a data base to test the effectiveness of the
contracted counsel services as well as having the management
responsibility over said contracts. He questioned if there was
something institutionalized in his department that provides for
development of the data base and/or management of these contracts
if for some reason Mr. Sievers left City employment? Mr. Sievers
explained the department's Quarterly Reports contain data they have
used in the past to determine how much cases have cost the City to
settle. Again, that is one of the cost benefit factors he is
looking at in this program. The other factor is in the attorneys'
fees expenses, which are kept as a permanent record. He will be
developing a system of attaching a total fee amount per case and
will somehow build that into the Quarterly Reports or keep it as a
separate record? Mr. Overson questioned if for some reason the
City Attorney's position was vacant, who would assume the
responsibility for managing the department, and would it pass on to
the Mayor? Mr. Sievers stated the department would need someone
with some degree of understanding what the billings are referring
to...data in reports are charted in 1/10th of an hour and what the
brief descriptions of activities actually identify, so he did not
know if someone outside the legal field would be an appropriate
manager. In the instances where an insurance company provides
first dollar coverage or some level of higher defense costs, they
take on the job of administering the contract with defense counsel
and review the billing.
Mr. Colvin asked if Mr. Sievers was the only attorney currently
serving the City? Mr. Sievers stated at the beginning of the year
he hired a couple of temporary attorneys. He has some funds
available to retain those attorneys until he feels the
administrative work backlog has been caught up. Mr. Colvin asked
what would the City do if Mr. Sievers was no longer in his
position? Mr. Sievers explained the City would probably have to
hire an outside firm to serve as Acting City Attorney.
M/S/C/U(Overson/Colvin) to approve professional services agreement
#1410
#1448
TAPE #1291
City Council Reg. Mtg. Minutes
May 31, 1995
Page 9 of 9
between the City of Bremerton and Jean Schiedler-Brown &
Associates.
M/S/C/U(Overson/Montgomery) professional services agreement between
the City of Bremerton and Casey & Pruzan.
8A - ORDINANCE NO. 4515 (SECOND READING) PROVIDING SALARYAND OTHER
BENEFITS FOR HUMANRESOURCES ASSISTANTI AND AMENDING ORDINANCE NO.
4356, #A]395-080
M/S/C/U(Montgomery/Winters) to pass Ordinance No. 4515, on second
reading, providing salary and other benefits of the position of
Human Resources Assistant and amending Ordinance No. 4356.
With no further business meeting adjourned at 6:30 P.M.
S~F-~~S',~ouncil President
City of Bremerton
KLM/SH-M/me
cc: Normal Distribution
File/Vault