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HomeMy WebLinkAbout08/26/98 TAPE #1564 CITY COUNCIL MEETING MINUTES AUGUST 26, 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, August 26, 1998, at 5:30 P.M., with Council President David Farr presiding. Council members present were Carlos Montgomery, Carol Arends, Mike Shepherd, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Councilman Jim Reed was absent. Also present were City Attorney Glenna Malanca and Assistant City Clerk Gil Johnson. The meeting opened with the Pledge of Allegiance led by Council President Farr and invocation given by Reverend Jeffery Pulse of Peace Lutheran Church. President Farr made the following announcements: (1) The City Council held a Study Session prior to the Council meeting, 5:00 - 5:25 P.M., to discuss "Street Lights/Purchase of Street Lights from Puget Sound Energy". (2) The City Council will hold a Study Session immediately following the Council meeting to discuss the "Capital Improvement Plan". CONSENT AGENDA A. Minutes-August 12, 1998 #AB98-187 B. Puget Sound Energy Easements #AB98-188 #0019 MISICIU(McConnell/Montgomery) Motion to approve the Consent Agenda as presented. 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 #0142 MISICIU(Montgomery/Arends) On August 26, 1998, the Council does approve for payment those vouchers included and further described as follows: EFT 4983 and 223025 in the amount of $323,569.49; and Retiree's Payroll in the amount of $199,585.47. COUNCIL MEMBER REPORTS Mr. Montgomery sadly reported that Mr. Russ Nickerson passed away earlier today. He was a prior Planning Commission member, the Chairman of the TAPE #1564 City Council Reg. Mtg. Minutes August 26, 1998 Page 2 of 8 Missouri on the Mainland Committee, and was also on the Board of Directors for the Naval Museum. Funeral arrangements will be announced soon. He also congratulated the Bremerton Housing Authority for receiving the 1998 Narrow Agency Award of Merit in Housing & Community Development. He also wanted to clarify that he did not make the quote stated in a recent Letter to the Editor. A rebuttal letter should appear shortly. Mrs. Arends also expressed her condolences to the family of Russ Nickerson. He was a member of the Hotel/Motel Tax Advisory Committee this year, and was a kind, pleasant, nice, good-humored man, and will be greatly missed. Mr. Shepherd announced the next District 5 "Neighborhood Meeting" will actually be a picnic to be held at Evergreen Park on Saturday, September 19. Mr. Overson wished Merilynn a formal farewell. Mr. Law also offered his condolences to the Nickerson family. Russ was recently the Chairman of the Naval Museum, and will be missed. He thanked Merilynn for all her help when he was Council President. He announced a reception in her honor to be held Friday, August 28 in the Council Chambers from 3:00 to 5:00 P.M. Mr. McConnell announced a combined District 1 & 2 Meeting to be held Thursday, September 17, 7:00 - 9:00 P.M. at the Sheridan Park Community Center. On schedule for the program that evening will be Police Chief Paul Du Fresne, City Attorney Glenna Malanca, and Municipal Judge James Docter. He acknowledged the recent work done by the Street Department on Cherry Avenue, which was re-paved, and is now re-open. He also said a formal goodbye to Merilynn. He asked the City Attorney to give a progress report on the Ethics Committee. Ms. Malanca stated this group has been amazing from the standpoint of their availability, meeting once a week to get through this process by way of an advisory code to the Council. Mr. Law questioned if these meetings were open to the public. Ms. Malanca stated no, but at some point the committee members may come to a Council meeting. Mr. Olsen stated he knew Russ for quite a few years, working with him on the Planning Commission. He was always willing to volunteer his time, and he will be missed by anyone who has worked with him. He feels the citizens of Bremerton have lost a good person. He will also miss Merilynn and wished her well. MAYOR'S REPORT Mayor Horton echoed the previous comments made about Merilynn, and that she personally has always appreciated Merilynn as being a conduit to the TAPE #1564 City Council Reg. Mtg. Minutes August 26, 1998 Page 3 of 8 Council. She has called on Medlynn in the past for her advice and opinion, and she will be greatly missed. She also expressed her condolences to the Nickerson family; to the family of Win Granlund, a long-time leader in Kitsap County; and also to the family of Marge Williams and the Bainbridge Island community. The Mayor also wanted to remind the public that school will be starting again on Wednesday, September 2, 1998, and to please be careful and take a little extra caution in watching for all the school children. PUBLIC RECOGNITION Chief Paul Du Fresne displayed a picture of seven classic Beanie Baby Teddy Bears in a basket that were donated to the Police Department by Teddy Bears To Go, a business right here in Bremerton. The basket will be raffled off at the Kitsap County Fair this week to raise money for the DARE program. Tickets will be available for $1.00 each. Paul Drnievic, Citizens for Safe Water, reported that a petition is currently being circulated to obtain signatures of citizens who would like to vote on the issue of fluoride being added to the water. For more information, citizens may call 479- 6652, 373-0723, or 373-6532. He would like the Initiative Petition sheets to be turned in tomorrow evening, 12:30 - 5:30 P.M. at the Sylvan Way Post Office, or the Pacific Avenue Post Office. The West Bremerton Safeway Store on Callow Avenue will accept the sheets from 10:00 A.M. - 4:00 P.M. He further stated that he could provide proof of comments made by Carlos Montgomery and Dr. Willa Fisher, and he would be happy to provide the tapes. Don Larson, President of Kitsap Diving Association, announced a series of events will be held during Washington Water Weeks from August 29 to October 4, 1998. Here in Bremerton, the Sinclair Inlet Clean-Up will take place September 19, 11:00 A.M. - 2:00 P.M. He appreciates all the volunteer help, and thanked Subway Sandwich Shop for their donation of a 6-foot sandwich, and tO the other businesses who made various donations. Don Atkinson, representing Falcon Cable, announced on Tuesday, September 01, 1998 at 4:00 P.M., a switch will be thrown in Port Orchard, that will officially meld the cable access systems of the City of Bremerton and Kitsap County. Bob Fox, invited the public to a Town Hall meeting to be held Sunday, September 6, 1998, 1:00 - 3:00 P.M. at the Manette Community Church. Candidates running for political office have been invited, giving the public an opportunity to get to know the candidates and to ask questions. TAPE #1564 City Council Reg. Mtg. Minutes August 26, 1998 Page 4 of 8 Tim Ryan, Admiral Theater, announced the theater is starting its second season with a list of programs to satisfy every taste. Tickets and brochures are available by calling the ticket office at 373-6743. Carol Atkinson, Bremerton Main Street Association, announced the Blackberry Festival will be held Labor Day weekend with free entertainment at the Main Stage and Children's Stage. A Fly In will be held at the Bremerton Airport, with free shuttle service provided by Kitsap Transit. Chalk Art, face painting, balloons, pony rides, moonwalk, are just some of the many activities that will be available. An unusual event added this year will be a wedding to be held at noon on Saturday with a couple who met at last year's Blackberry Festival. She also added her condolences for Russ Nickerson whom she will truly miss. Ruth Natividad, citizen opposed to fluoride, advised citizens that a meeting with the International Society for Fluoride Research will be held in Bellingham at Western Washington University this week. She encouraged anyone who would like the Internet address, to gather further information, to call her at 377-7206. Spencer Horning, stated he was on the very first City Council with the new form of government, and he remembers how much he relied on Gil Johnson, Kathy McCluskey, and Merilynn Erhart. He provided a little history, and talked about how much he depended on Merilynn, and how much he appreciated her. He wished her the very best. Mr. Drnievic returned to say kind words about Merilynn, and stated that he will miss the great service she provided. He was sorry to see her leave. LEGISLATIVE REPORT: August 19, 1998 City Council Meeting: Del Knauss raised several questions relating to the sale of Anderson Creek watershed land, and its transactions with Mr. Sciepko; how the City would provide water and sewer to the Port Blakely area; the status of the Memorandums of Understanding for Urban Growth Areas between the City and the County; and the Mayor's answers to earlier questions relating to the Council Pay Commission. RESPONSE: A copy of Mr. Kanuss' questions was delivered to Mayor Horton's office. A copy of a page from the July 22, 1998 Council meeting was sent to Mr. Knauss, which reflected the Mayor's response to his earlier questions addressing the Council Pay Commission. August 19, 1998 City Council Meeting: James Payne raised concerns with the Odor Easement Agreement as part of a sale of City land. TAPE #1564 City Council Reg. Mtg. Minutes August 26, 1998 Page 5 of 8 RESPONSE: A copy of Mr. Payne's questions was delivered to Glenna Malanca, City Attorney. Merilvnn Erhart, Legislative Assistant to the City Council, stated it was difficult for her to put into words, the opportunity that this Council, and every other City Council since 1983, afforded her. She stated it was a privilege to serve all of the Council members, as well as the citizens of Bremerton. She spoke of the early history, and the beginning struggles, but how wonderful the experience was for her. It was hard for her to break away, but she was leaving for a greater cause - to be with her husband in Kennewick. Mr. Farr added a brief history about how he came to be a Councilman at the suggestion of Merilynn's husband AI Erhart. He stated again that he will miss her. 8A - RESOLUTION NO. 2666 AMENDING THE LODGING TAX ADVISORY COMMITTEE TO INCLUDE ESTABLISHING CRITERIA FOR APPLICANTS, #AB98-189 The attached Resolution repeals Resolution No. 2663 by establishing criteria for applicants requesting Hotel/Motel Lodging Tax funds. The Lodging Tax Committee is recommending the inclusion of these criteria to ensure that the City Council is provided necessary information prior to distribution of Tax funds. The Committee also believes that the suggested information will enable the City Council to more effectively direct the use of the Tax funds to meet the City Council's objectives. This request includes approval of the attached procedures for applications and the review process for the Committee and City Council. Glenna Malanca, City Attorney, stated she is attempting to facilitate the Hotel/Motel Lodging Tax Committee in their desire to come before the Council. The problem is resolving the biennial budget process with this structure. She understands the wish of the Committee is to have an annual review. Mrs. Arends added that this year, the dates for submittals will remain as they have in the past, being handled by the Administrative Services Director. Louis Soriano, wanted to clarify if an annual budget is being requested. Ms. Malanca stated applicants will be applying annually, with a biennial system, but that will not impact this process. Council just needs to be aware they will be going into a two-year budget process. The applications for the Hotel/Motel Tax funding will be reviewed and determined on the same basis, as in years past, annually, if it is the wish of the Council. Mrs. Arends stated the Committee felt is was more workable to work with an annual review rather than a two year review. She pointed out that page 13 mentions what needs to be presented to the City Council when considerations are being made, which includes an itemized annual budget from the group. Anyone applying for funds would need to supply information on an annual basis. Ms. Malanca wanted to clarify that the City, for the first time this year, was looking at the possibility of a two year budget, but this TAPE #1564 City Council Reg. Mtg. Minutes August 26, 1998 Page 6 of 8 review will still occur annually. Mr. Soriano wanted to know if money would then be allocated at budget time, every two years, or annually, during the review?. Mrs. Arends believed it would happen annually, because it would be difficult to anticipate, on a two-year basis, what funds would be available. Mayor Horton stated that since this is the first go-around for a biennial budget, the plan is to have two separate one-year budgets, due to necessary software changes that would need to be made, as well as accounting procedures. Until it is known for certain that this process is acceptable, limited time and expenditure will be utilized setting it up. She will have staff look at longer-term needs for their departments and the City. However, she fully anticipates that at the end of that first year, a "mini" budget session will be held to take a look at the process. Mr. Soriano expressed his concerns, and also asked when a review of the membership for the Lodging Tax Advisory Committee will take place? He felt to get rid of the "conflict-of-interest", stated the Council should address the members on the current Committee. President Farr stated the membership was just recently reviewed, and put before the Council and Committee. Mrs. Arends pointed out that they were somewhat limited by State statute, that states there must be five members, including a Council member being appointed as Chairman, with two members from a recipient group, and the other two made up of Hotel Lodging Association members. This year, however, a decision was made to use three members from a recipient group and thrcc Hotel Lodging Association members. Any of the other groups mentioned by Mr. Soriano are free to make applications for funds, as they have in the past. Also, the meetings are open to the public, which are publicized through the Council office. She had the opportunity last month to hear a panel of experts on this subject, with a Legislature who helped write this bill in attendance. A video of this meeting is available in the Council office for anyone to check-out. Mr. McConnell referred to Section 3, Item B, where it states: "The Business Plan shall also include an on-going action plan to collect funds by charging admission...", and wanted to clarify the fact that it was his belief the City prohibited charging admission. Ms. Malanca stated she is hopeful the on-going action plan would lead to some form of independence, and pointed out the phrase "... or other means that wou/d contribute to the increasing independence" is included. There is no requirement that admission be charged by any of the recipients. Mr. McConnell questioned if the City could meet with the Navy to get that provision removed so the Naval Museum could raise additional funds by charging a small fee? Ms. Malanca stated there was an underlying agreement between the City and the Navy at the time the City took control over the artifacts which says we can not charge admission. She understands a fair amount of funding is received from donations. TAPE #1564 City Council Reg. Mtg. Minutes August 26, 1998 Page 7 of 8 Ms. Malanca clarified the modifications: (1) On page 13, Section 3, "bi" would be stricken from the word "biannually", so the criteria would be met annually by the applicants; (2)On page 15, paragraph 1 of Application and Review Procedures, all of the second sentence would be stricken. #2445 MISICIU(Arends/Montgomery) Motion to adopt Resolution No. 2666 repealing Resolution No. 2663 in its entirety, and creating a new resolution to establish a Lodging Tax Advisory Committee, appointing members thereto, and setting criteria for application and review by City Council and the Committee. 9A - SR304 TRANSPORTATION IMPROVEMENT PROJECT ASBESTOS REMOVAL NO. I - RESCIND BID AWARD AND AWARD TO NEXT LOW RESPONSIVE BIDDER. #AB98-190 The Asbestos Removal No. 1 contract was awarded to New Environment Contractors on August 19, 1998. This is the first phase for the removal and disposal of asbestos in structures located within the SR304 Transportation Improvement Project. This contract will remove and dispose of asbestos from six separate structures occupying public right-of-way. New Environment Contractors has informed staff that it may be unable to secure a performance bond for the work, and therefore unable to execute the contract. The City needs to be able to rescind the contract with New Environmental Contractors, and award it to the next lowest responsive bidder, as shown on the attached bid tabulation. If necessary, staff requests the authority to enter into a contract with the next lowest responsive bidder in the event New Environment Contractors is unable to execute the contract. The action before the City Council is to authorize the Mayor to rescind the contract with New Environment Contractors, and award the contract to the next lowest responsive bidder, if necessary. Gene Sampley, Public Works & Utilities Director, stated this item was before Council last week, with the bid award going to New Environment Contractors for asbestos removal. That Agenda Bill and authority did not include award to the next responsive bidder. Unfortunately, New Environment Contractors was having difficulty with the performance bond requirements, and will notify him tomorrow of the final results after further investigation. Rather than lose a full week in this process, which is already in a critical timing situation, they are seeking approval now for the next responsive bidder, should New Environmental Contractors be unable to execute the contract. Mr. Soriano questioned if the contractor couldn't get a performance bond, didn't the City require a bid bond, which carries a penalty. Mr. Sampley stated there was a 5% bid bond required with every bid that is received. The City is holding that bid bond. Mr. Soriano asked if the City contacted the company to see why they're not following through if they offered the bid bond? Mr. Sampley stated the City does not make a practice of intervening between the contractor and their TAPE #1564 City Council Reg. Mtg. Minutes August 26, 1998 Page 8 of 8 providers, unless there is a default, then through the City Attorney, an action would be initiated against the bond. Mr. Montgomery explained this job must be completed within a certain time- frame, and since the second bid is still within the budget, he supported approving this request. In addition, he also suggested all future bid awards include language that authorizes the Public Works Department to go to the next responsive bidder when the first bidder defaults, as long as the second bidder is within the budget. Mr. Shepherd agreed. Mr. Overson was not sure he agreed, especially since the City seldom comes up against this problem. He stated the Council's function is to authorize a contract, not to authorize this contract or that contract, or whatever someone else down the line would want to do. He felt it was appropriate to approve contract's one at a time, and to make sure the public interests are met correctly when a change has to be made. Mr. Law concurred with Mr. Overson's observations. #2902 MISICIU(Arends/Montgomery) Motion to authorize the Mayor to resdnd the contract with New Environment Contractors and enter into a contract with the next lowest responsive bidder should New Environmental Contractors be unable to execute the contract. President Farr thanked the TV camera crew for their services: Robert Neal, Director and Production Coordinator, along with volunteers Melody Zapata, Ryan Bentley, Gretchen EIliott, and Kristopher Knowles. With no further business meeting adjourned at 6:53 P.M. City of Bremerton PJ/DF/Is C: Normal Distribution File/Vault