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HomeMy WebLinkAbout01/07/98 T APE #1517 CITY COUCIL MEETING MINUTES JANUARY 7, 1998 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 January 7, 1998, at 5:30 P.M., with Council President David Farr presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arerids, Mike Shepherd, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Also present were Assistant City Attorney Glenna Malanca and Deputy City Clerk Gil Johnson. The meeting opened with the Pledge of Allegiance led by Council President Farr and invocation given by Reverend Cleveland Williams of Ebenezer A.M.E. Church. ELECTION OF CITY COUNCIL OFFICERS Actin.e City clerk Gil Johnson read into the record the procedure to be used by the City Council to elect City Council Officers. President Farr opened nominations for City Council President/Mayor Pro Tern: Mr. Shepherd nominated David Farr. Mr. Olsen nominated Cecil McConnell President Farr closed the nominations. Vote: David Farr - 6 Votes (Montgomery, Arends, Farr, Shepherd, Overson, Reed) Vote: Cecil McConnell - 3 Votes (Law, McConnell, Olsen) David Farr was elected City Council President/Mayor Pro Tem. President Farr opened nominations for City Council Vice President. Mr. Olsen nominated Carlos Montgomery. Mr. Overson nominated Cecil McConnell; however Mr. McConnell declined the nomination. President Farr closed the nominations. Vote: Carlos Montgomery - 8 Votes (Reed, Montgomery, Arends, Shepherd, Farr, Overson, Law, Olsen) Abstain: McConnell Carlos Montgomery was elected City Council Vice President. CONSENT AGENDA A. Minutes of Meeting - December 23, 1997 #AB98-001 #0289 M/S/C/U(McConnell/Montgomery) Motion to approve the Consent Agenda as presented. TAPE #1517 City Council Reg. Mtg, Minutes January 7, 1998 Page 2 of 10 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 #0306 MISICIU(Montgomery/McConnell) On January 7, 1998, the Council does approve for payment those vouchers included and further described as follows: Regular Payroll for the period ending 12-31-1997, in the amount of $894,782.95. COUNCIL MEMBER REPORTS Mr. Law stated after receiving the vast majority of votes in District #3 in the last election, the message he was given was to continue his non-political representation and to communicate with his district. The next District #3 Neighborhood Meeting will be held January 20, 1998, 7:00 P.M., at the Senior Center. The program for that meeting will include an update on a water reservoir within the District, update on the new Manette Bridge project, and discuss current legislation that will come before the City Council. Mr. Overson wished everyone a "Happy New Year" and welcomed the newly seated City Council members. He believes this Council will be action oriented giving serious consideration to all Agenda items. He sees this new year as a turning point for the City and he anticipates a good year. He congratulated Mr. Montgomery on his being elected Council Vice President and his taking on a new leadership role. Mr. Shepherd thanked the dozens of people who attended the Swearing In Ceremony showing their support of the newly elected and re-elected City Council members and the Mayor for the coming year. District #5 will hold a Neighborhood Meeting on January 22, 1998, 6:30 P.M., at the Memorial Lutheran Church. The program for that meeting will include Mayor Lynn Horton, who will talk about the development of Sinclair Landing Project and her vision of the future for Bremerton, and Jim Spencer, Parks and Recreation Direction, who will speak on Evergreen Park, Haddon Park and Kiwanis Park. Mrs. Arends thanked the residents and drivers traveling through District #7 for their patience with the detour resulting from the CSO construction project. Mr. Montgomery announced on January 22, 1998, 7:00 P.M., he and Kitsap County Commissioner Charlotte Garido will host a Town Meeting regarding the isolation of Kitsap County by the State with proposed bridge tolls, ferry fare increases, etc. The intent of this meeting is to get input from the public on transportation issues. Lastly, he announced the next three weekends Kitsap Transit will run five buses between the Ferry Terminal and the Missouri Gate. TAPE #1517 City Council Reg. Mtg. Minutes January 7, 1998 Page 3 of 10 Mr. Reed thanked the City Council for their gracious words to the new Council members and the citizens of District 9 for putting their trust in him to represent their views accurately. He is looking forward to several exciting forward moving years for the City of Bremerton. Speaking to the business community, the City's doors are open and our hand is stretched out ready and willing to look at any and all new proposals that they may be interested in bringing into the Bremerton community. He believes the new Council members and existing Council members share the same views. Mr. Farr thanked the Council for extending to him the honor of serving as Council President and he will try to live up to their expectations. He extended a "welcome and congratulations' to the new and returning members of the Council. He is also hopeful that 1998 will be a turning point year for the City. He acknowledged some special people in the audience his daughter Kandace Klemetsrud and grandson Paul, who are visiting from North Dakota and his future wife Anna Laurie. MAYOR'S REPORT Mayor Lynn Horton congratulated Council President Farr and Council Vice President Montgomery and extended a "welcome" to the new City Council members. Mayor Horton announced the City prevailed in three Court cases: (1) West Park Retraining Order issue that was established to keep people out of that area who are known for their criminal activity and records. (2) Abatement Order of the site formally known as Natasha's on Arsenal Way, which will allow the site to be cleaned up. (3) Abatement Order at 1510 Snyder where the Police Department carried out a drug bust. She thanked City staff in the Legal Department, Police Department, and Department of Community Development for their efforts toward resolution of these problem areas. Mayor Horton read the following Proclamation: (1) January 19, 1998, MARTIN LUTHER KING JR. DAY, which was accepted by Reverend Cleveland Williams of the Ebenezer A.M.E. Church. Reverend VVilliams extended an open invitation to the public to attend the celebration titled "Lift Every Voice And Sing" on January 19, 10:30 P.M., at the Kitsap Pavilion. Mayor Horton reminded residents and those traveling through District #7 that over the next three weekends the Navy will hold Open House aboard the USS Missouri, which could create considerable traffic congestion. TAPE #1517 City Council Reg. Mtg. Minutes January 7, 1998 Page 4 of 10 Police Chief Paul Du Fresne introduced Henry Mincey, who has been selected as the City's Intedm Assistant Police Chief, and highlighted Mr. Mincey's professional background in law enforcement and the Safe Street Program. Bremerton Municipal Court Judge James Docter administered the OATH of Office to Mr. Mincey. Henry Mincev thanked Mayor Horton and Police Chief Du Fresne for having confidence in him to perform the duties they have identified for the Interim Assistant Police Chief for the City of Bremerton. He thanked the very fine officers in the Bremerton Police Department and he particularly appreciated the positive comments he has received from them. He thanked the City Council, as a whole, for their support and confidence in him over the past four years. Bremerton is truly at a crossroads and some may believe the trend is going backwards, but he sees that trend moving forward. He feels more comfortable now than he did a few weeks ago based on the enthusiasm shown by the City Council members. He acknowledged the publids support of his efforts over the past four yours. President Farr extended congratulations to Mr. Mincey. President Farr made the following announcements: (1) City Council held a Study Session immediately prior to the Council meeting, which included some instructions for the new City Council members. (2) The City Council will hold an Executive Session immediately following the Council meeting to discuss "litigation" and "contract negotiations". (3) The City Council will hold a Study Session to discuss Public Works and Utilities issues on January 12, 1998, 5:30 - 6:30 P.M., in the Council Conference room. (4) The City Council will hold a Study Session on January 14, 1998, 5:05 - 5:25 P.M., in the Council Conference Room. The topic of discussion will be "Update on design changes to Transit facility and process from this point forward". PUBLIC RECOGNITION Reverend Cleveland Williams, Ebenezer A.M. E Church, announced the 4th Annual Dr. Martin Luther King Jr. Celebration Program will be held on January 19, 1998, 10:30 AM - 1:00 P.M., at the Kitsap Pavilion. The young peoples' essays will be on display around the perimeter of the pavilion from 10:30 - 11:00 AM. The program for this event will include a 100-member community choir. Choir rehearsals will be held on January 9 and 16, 7:30 P.M., at the Ebenezer A.M.E. Church. Reverend Cleveland Willjams, Ebenezer A.M.E. Church, thanked all of the members of the Bremerton community who helped provide a Christmas Dinner for those in need. He was pleased to report that 118 meals were served on Christmas Day from 12:00 noon until 4:00 P.M., at the Sheridan Park and TAP E #1517 City Council Reg. Mtg. Minutes January 7, 1998 Page 5 of 10 Recreation Center. In addition, there were 48 volunteers, which included personnel from the USS Carl Vinson that assisted with this event. Bob Sauter, President Kitsap County Veterans Coalition, asked when he could expect to see the print of the USS Missouri, which he provided to the City, hung in City Hall. He pointed out the City was in receipt of the print 7-8 weeks ago. On another manner, due to some ethical influence on the part of the veterans, their Coalition was able to gain access to 1,000 tickets for the Open House on the USS Missouri, which were distributed equitably among the students of all the schools in Bremerton, Kitsap County, North Mason High, Sandhill Elementary and Belfair Elementary. He has received many comments from various military dignitaries that they will visit the Missouri even though they do not have tickets for the tour. Jack Lefcoski, Bremerton resident, expressed his concern that a free event, i.e. Open House aboard the Missouri, would require a ticket to gain entry. He announced a study will be conducted on Kitsap Lake, Kitsap Creek, Wildcat Creek, and Wildcat Lake, with the idea of learning how many and what kinds of fish come up and down the creeks into the lakes. This year Coho Salmon came into the lake, this raised the interest of the Suquamish Tribe to possibly making Kitsap Lake a Coho rearing lake. Since Kitsap Lake is a City owned/controlled recreational lake that is totally inhabited, he questioned if it was a good idea to make the lake into a salmon rearing pond. He noted 30-40,000 legal trout are planted each year in Kitsap Lake and there is possibly a population of 200-1,000 bass in the lake as well, which he believes would have an adverse affect on Coho Salmon eggs and young salmon, if planted in the lake. The Study also calls for the Department of Fish and Wildlife to reduce their legal plant from 35,000 down to 20,000. He doubted the fishing sportsman would want to see that happen. Another question raised was will the eggs successfully hatch in calm running waters; however, some people believe the they won't hatch in freshwater. He emphasized if that is true, then why go through the exercise. Mr. Reed asked Mr. Lefcoski if there was an option other than using Kitsap Lake as a rearing pen for Coho Salmon? Mr. Lefcoski stated there are four different options. Mr. Overson requested this discussion continue after the Council meeting based on the fact that Mr. Lefcoski had already exceeded the 3-minute time limit. Gordy Byrd congratulated the newly elected Council members. He also wanted to know how someone within the community could tour the Missouri without a ticket. He noted Councilman Law is highly thought of in the community. Lastly, he wanted to assure the public that he is still working on his dream to build a shelter for the homeless. TAPE #1517 City Council Reg. Mtg. Minutes January 7, 1998 Page 6 of 10 Susan Brown, Bremerton resident, summarized the history of her activity, for the benefit of the new Council members, on the formal complaint she filed with the City council that involved two City Council members. She went on to explain she had not lobbied any of the new Council members up to this point; however half of the Council members have contacted her either personally or by telephone and told her they support changes in the Code of Ethics. Therefore, she asked what is the next step to be taken. President Farr stated Council has already spent a great deal of time on this issue. He recalled that not too long ago the City Charter was revised and did address ethic issues, but did not recall getting any input on that issue during the revision process. It is not outside the realm of possibility that Council can look at the Ethics regulations, but at this time he would not promise Mrs. Brown that it is a highest priority item for the Council. He believes Council has been responsible in providing her the items she requested. Council can offer the suggestion that a response will be provided, but it may not be the response that she particularly desired. Mrs. Brown asked what response did she get? President Farr stated he would not get into a debate, he was explaining Council will consider her suggestions addressing the "Ethics" section. However, Mrs, Brown failed to mention that her husband was defeated for an elected office by President Farr's friend. Mrs. Brown stated that was irrelevant to this discussion. She asked if President Farr was using his position, as Council President, to say that no we are not going to follow this. President Fan' stated no, Mrs. Brown misunderstood what he said. Paul Drnievic, Citizens For Safe Water, stated on December 17, 1997, he presented the City council with a letter requesting several items. As of January 6, 1998, he had not received a response so he called the Council Office. Due to Council's staff being out of the office, he did not receive a call back until January 7, at which time he was informed he would need to fill out a Public Disclosure Request form to receive the items he requested. He felt that 3-weeks was not an appropriate length of time to receive a response to his request. He views the actions displayed toward him, Jack Lefcoski and Susan Brown were not indications of a truly open City Council. He would like to see more City Council meetings and business conducted at the Wednesday evening meetings in front of the public. He and others feel that too much business is conducted in Study Sessions or Executive Sessions where the public does not have the right to ask questions or give input. Mr. McConnell emphasized the fact that Study Sessions are used as informal discussions on issues, which are then brought before Council for formal action in a public meeting where public input is taken. He also reminded Mr. Dmjevic that Study Sessions are open to the public. Mr. Drnievic stated people do have the impression that most everything is decided before it ever comes on the Council floor. Mr. McConnell stated he had that same impression prior to his being seated on the Council and thanked Mr. Drnjevic for his concern. TAPE #1517 City Council Reg. Mtg. Minutes January 7, 1998 Page 7 of 10 Mr. MontGomery stated in order to have more time for the public to discuss issues during Council meetings, he recommended that the time for "Public Recognition" be moved to the end of the Council meeting thereby taking care of City business first. President Farr stated that will be an issue that will be discussed in an open Study Session. 8A - LEACHATE TREATMENT AGREEMENT WITH OLYMPIC VIEW SANITARY LANDFILL, #AB98-002 The Olympic View Sanitary Landfill (OVSL) has a need for a reliable disposal facility for secondary treatment and disposal of pretreated leachate generated at its landfill in Bremerton. As a result, OVSL would like to enter into a formal agreement with the City of Bremerton for the processing of its leachate at the City" wastewater Treatment Plant (WWTP). The WWTP has the treatment capacity. Should the City agree with the proposed agreement, OVSL will pay $0.01 per gallon of pretreated leachate delivered to the plant. Gene Sampler, Director of Public Works and utilities, stated on an emergency basis OVSL has hauled leachate to the WWPT and the City is knowledgeable how the plant reacts to this type of influent. Because of the size of the City's plant, there is no significant potential for a problem. OVSL operates on a Waste Discharge Permit issued by the Department of Ecology so all assurances are there that the City will have appropriate testing and that the material delivered to the WWTP will not adversely affect that process. Public comment - none. Mr. McConnell referenced Section 6.2 of the agreement and questioned if he understood correctly that the control of how much leachate is delivered is with the OVSL driver. Mr. Sampler stated OVSL is required by their permit to keep a log and would deliver the leachate to a point within the City that is outside the treatment plant for dilution. If the truck would have to be brought into the WWTP facility it would create some problems. There is a certain amount of trust; however the log that is kept is an official log, and he believes that is adequate. Mr. McConnell questioned the actual cost to the City to provide this service? Mr. Sampley stated it would cost a fraction of the $.01 per gallon the City will receive from OVSL. Mr. McConnell questioned if accepting the leachate will have any affect on the Puget Sound Alliance? Mr. Sampley stated no. Mr. MontGomery described a situation that he observed in 1997 whereby the OVSL leachate ponds were nearly overflowing and would have gone into the Union River. At that time, the City's Wastewater Department Manager, and staff gathered tanks from around the State and Canada to collect the leachate and shipped it to the WWTP; thereby preventing any seepage into the Union River. OVSL had a contract with the Port Orchard Sewage District, however, they were TAPE #1517 City Council Reg. Mtg. Minutes January 7, 1998 Page 8 of 10 not able to handle the load. When this incident took place, the City WWTP did not experience any overflows. He views this agreement as a "good deal" for Bremerton. Mr. Reed asked who measures what is delivered, i.e. the log of the driver or WWTP? Mr. Sampler explained OVSL keeps the official log and each tanker is assumed to be full. Mr. Reed questioned for clarification that this action would not impact the City's ability to have additional sewer hookups? Mr. Sampler stated no, it is virtually immeasurable when looking at the size of the WWTP and the amount OVSL will deliver. Mr. Shepherd stated this is an excellent opportunity to generate revenue for the Wastewater Utility and encouraged Mr. Sampley to look for other such options or organizations that need WWTP services for leachate. President Farr stated he assumed the $50,000 listed, as an estimate of revenues to be generated would be put back into the Wastewater Fund, and therefore is of benefit to the ratepayers. Mr. Sampler stated president Farr was correct. Mr. Montgomery stated it was his understanding that the WWTP has operated at as high as 40 million gallons in emergencies without any adverse affect. Mr. Sampler stated the WWTP has an official hydraulic capacity of 29.5 million gallons, a short-term ability to accommodate much greater flow, and it has exceeded 40 million gallons without any adverse affect. #2370 MISICIU(Montgomery/Shepherd) Motion to approve Leachate Treatment Agreement and authorize the Mayor to enter into the Agreement and sign the same subject to City Administrative Policies and Procedures. 9A - ORDINANCE #4620 (SECOND READING) VACATING UNOPENED STREETS IN PLAT OF PORT ORCHARD AND PLAT OF CHARLESTON BY OPERATION OF LAW, #AB97-279 John Beach. Porter Street resident, stated he views this proposal as a good way to get rid of unusable City property so that it can get cleaned up and used. He questioned the length of time before this action becomes final? In his circumstance, an alley is being vacated that contains a mess that was created by his neighbor. He questioned who is responsible for cleaning up the area? He also wanted to know what recourse did he need to take to get the other property owner to clean up the area that they have used as a dumping ground, as shown in the pictures he passed to the City Council? Glenna Malanca, Acting City Attorney, explained the first choice is to have the responsible party clean up the site, which would be the City's enforcement officer's first attempt. She anticipates the effective date of this action will be within 3-4 weeks. Mr. TAPE #1517 City Council Reg. Mtg. Minutes January 7, 1998 Page 9 of 10 Sampley stressed the importance of working together with the City Attorney's Office; however, technically this vacation occurred many years ago. This is a process by which the City officially disclaims ownership. In regard to cleaning of the property, the City has always attached the responsibility to the responsible party. Admiral Ross, Cottman Street resident, questioned where could he obtain formation on the procedures to be used to have an unopened street vacated under operation of law? Ms. Malanca stated she would mail that information to Mr. Ross. #2913 MISICIU(Arends/Montgomery) Motion to pass Ordinance #-4620, on second reading, vacating podions of Porter Street, Hartford Avenue, Farmgut Street and alleys within Blocks 3, 5, 6, 8, 9. 10, 12, 13, 14 and 15, all within the Plat of Port Orchard. 9B - ORDINANCE ff-4621 (SECOND READING) VACATING D, E, F, G, AND H STREETS WEST OF SR 3: AND BAYVIEW BETWEEN C AND E STREETS, #AB97-280 Public comment - none. #2986 MISIC(MontgomerylMcConnell) Motion to pass Ordinance #4621, on second reading, vacating those portions of D, E, F, G and H Streets west of SR3 and east of Oyster Bay Avenue, and Bayview Avenue between C and E Street. Vote on Motion: In Favor: Montgomery, Arends, Reed, Farr, Overson, Law, McConnell, Olsen Abstain: Shepherd Motion carried. ft President Farr thanked the TV camera crew for their services: Bob Neal, Doug Engebretson, Kelly Kehoe, David Chivis, Shannon Watson and Tim Schnitzer. With no further business meeting adjourned at 7:00 P.M. TAPE #1517 City Council Reg. Mtg. Minutes January 7, 1998 Page 10 of 10 DAVID FARR,~Ci~ C~Un~cil~ City of Bremerton PJ/DF/me Cc: Normal Distribution FileNault