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HomeMy WebLinkAbout11/12/97 TAPE # 15 0 2 CITY COUCIL MEETING MINUTES NOVEMBER 12, 1997 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, November 12, 1997, at 5:30 P.M., with Council President David Farr presiding. Council members present were Cados Montgomery, Bob Winters, Sherril Huff-Menees, Richard Neville, John Law, Cecil McConnell, and Al Colvin. Councilman Lon Overson was absent. Also present were City Attorney lan Sievers and Deputy City Clerk Paula Johnston. 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. President Farr made the following announcements: (1) The City Council held a Study Session prior to the Council meeting. The topic of that meeting was a presentation by the Grace A Bremerton Fireflghter Group (demonstration of life saving equipment), which will also be presented on Inside Bremerton and broadcast over TCI Channel 12. (2) The City Council will hold Study Sessions, starting at 5:30 P.M., to discuss the proposed 1998 Budget on November 17, 18, 20, and 24. CONSENT AGENDA A. Minutes of Meeting - October 15, 1997 #AB97-231 #0037 MISICIU(Neville/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 #0054 M/S/C/U(Colvin/Montgomery) On November 12, 1997, the Council does approve for payment those vouchers included and further described as follows: 214372 through 214437 in the amount of $171,515.20. COUNCIL MEMBER REPORTS Mr. Winters quoted from the Bremerton-Kitsap County Health District Press Release issued on October 21, 1997, wherein it alerted the public that the blue/green algae bloom at Kitsap Lake has been determined to not be toxic and TAPE/11502 City Council Reg. Mtg. Minutes November 12, 1997 Page 2 of 11 recommended that swimmers, water skiers, etc., shower with soap after leaving the water as the algae breaks down and the by-products may be irritating to the skin. To determine if algae is present one should examine a clear container of water and if there is any green coloration or if small green dots are visible, algae is present. To report algae bloom in Kitsap County lakes contact Bremerton- Kitsap County Health District Monday-Friday between 8:00 AM and 4:30 PM at (360) 692-3611. Information on toxic blue-green algae is available and will be mailed if requested. Additional information on Kitsap County lakes are available by calling 1-800-TO BE WELL Hotline and the Internet homepage located at www,W.A. GOV/KitsapHealth. Mr. Montgomery reported on November 7, 1997, he attended the first meeting of the SR-16 Project. The sole purpose of the Committee he is serving on is to determine the voting boundaries to determine whether or not there will be tolls on whatever the Department of Transportation selects for that corridor. On November 9, 1997, he attended the Veterans Day Ceremony at Retsil, which was well attended. Mrs. Huff-Menees reported on November 6 the Bremerton-Kitsap Health Department celebrated their 50th Anniversary. Although members of the City Council were not able to attend that event due to a Budget Study Session, it was well attended and one that bears recognition within the community. Mr. Law announced the next District #3 Neighborhood Meeting will be held November 18, 1997, 7:00 P.M., at the Senior Center. This meeting will be an Open Forum format and Mayor Lynn Horton will be in attendance. Mr. McConnell reported Councilman Al Colvin gave an excellent program at the Bremerton Central Lions Club meeting this date, which included a shortened version of the Tuskegee Airmen movie. Having come from that same era, he believed the video was quite indicative of the hardships encountered by members of the Black community. He encouraged members of the public to view the full-length feature, which is still being shown on local TV stations. Mr. Colvin reported on the large number of boats impacting the area where the whales are feeding in Dyes Inlet. He would like to hear from the Department of Fisheries about the adverse impacts on the whales brought about by the concentration of boats. In regard to the Scotch broom replacement beautification project, he is aware that people have contributed towards this project. He announced Councilman-elect Wayne OIsen will hold a reception honoring Mr. Colvin on December 4, 1997, 7:00 P.M., and at that same time Mr. Colvin will be introducing Wayne Olsen to the citizens of District #1 and the City of Bremerton. He extended an open invitation to the public to attend that event. He also announced he had a tape of the Tuskegee Airmen movie available for viewing. TAPE #1502 City Council Reg. Mtg. Minutes November 12, 1997 Page 3 of 11 President Farr thanked the TV crew: Robert Noel, Kelly Gardner, Juanita Belcher and Shawn Dority. He also reported that the City Council meeting will be broadcast for the first time over new fiber optic lines, which should improve the transmission quality. MAYOR'S REPORT In the absence of the Mayor, Merilynn Erhart, City Council Legislative Assistant, read the following Proclamation: (1) November 16, 1997, as EBENEZER A.M.E. CHURCH 85TM ANNIVERSARY, which was accepted by Reverend Cleveland Williams and members of the congregation. Reverend Cleveland Williams invited the public to attend their celebration on November 16 at 4:00 P.M. PUBLIC RECOGNITION Susan Brown, Bremerton resident, announced she filed a formal complaint involving Council members David Fart and Sherril Huff-Menees with the City Council Office on November 10. President Farr acknowledged receipt of Mrs. Brown's complaint and noted the Bremerton Municipal Code includes warnings about confidentiality in such cases. He asked the City Attorney too address that issue. Mrs. Brown agreed with President's Farr statement about confidentiality regarding the complaint; however, she did not believe it applied to what she was doing, lan Sievers, City Attorney, stated Mrs. Brown could talk about the fact of filing a complaint, but not its substance or merits. Mrs. Brown stated at this point, according to the enforcement section of the Code of Ethics, all remaining elected officials shall sit on a committee of the whole to make a determination if a violation has occurred. She believes the City Attorney's objectivity has been compromised by his involvement to this point. She questioned what Council will be doing for legal advice from an impartial party? She will continue to research the issue of ethics. Since she will not be able to keep the issue visible at City Council meetings, she urged Council to act on her complaint immediately and not let it appear that it is being "swept under the rug" with no action taken. Reverend Cleveland Williams, on behalf of the Ebenezer A.M.E. Church, thanked all of the members and citizens of Kitsap County and City of Bremerton for being kind and gracious enough to allow their church to continue to serve this community for 85 years. Deputy City Clerk Paul Johnston read the following letter addressed to President David Farr, CounCil members and Bremerton voters, into the record: "1 would like to congratulate the newly elected and re-elected Council persons and Mayor Herren. So, the election is over, yet there is a lingering issue that I believe has been misrepresented by a few individuals and voters deserve a clarification. Because several Council members chose to endorse Mr. Law's opponent, this action has been construed by a few individuals as somehow being unethical and unfair. This is absolutely untrue. Ever since the implementation of the Council TAPE #1502 City Council Reg. Mtg. Minutes November 12, 1997 Page 4 of 11 form of government in Bremerton, City Council members have publicly endorsed Council candidates and Council members seeking other office. I have observed these processes over time, and the Council more often than not has been divided about whom they as individuals would endorse. I think Mr. Winters is perhaps the only candidate for whom the endorsement issue was unanimous; that is, none of his colleagues chose to endorse him. The point I am trying to make is that in each City election, there has been division of the Council resulting in disagreement and acrimony, which ultimately ends up in the local newspaper. People who serve in public office are expected to take positions on issues and candidates affecting the community. There are no prohibitions against endorsements. I have seen nothing unethical, unprecedented or unfair in the recent elections. Council members don't have to like each other - but it is essential that they work respectfully together for the betterment of Bremerton. Signed Beverly Kincaid, 9357 Gravelly Lane SW, Port Orchard, WA 98366." 8A - PROFESSIONAL SERVICES AGREEMENT WITH R. W. BECK FOR AMENDMENT NO. 11 TO THE WASTEWATER TREATMENT PLANT ODOR CONTROL PROJECT~ #AB97-240 Amendment No. 11 to the Professional Services Agreement with R. W. Beck for construction administration services on the Wastewater Treatment Plant Odor Control Project is required for: (1) protracted negotiations with the Contractor to reach a settlement on the construction contract work, costs and time extension; (2) negotiations with the Contractor and U.S. Filter/Envirex to reach a settlement for the replacement of the grit collection system's chain; (3) extending the certification period for the dechlorination facilities; and (4) preparation of record drawings. This amend will also delete Phase V support services and the $10,000.00 for these services, which were approved by Amendment No. 6 to the basic contract. This Amendment will increase the contract by $71,392.21 to a total amount of the contract to $2,219,538.08. Randy Witt, City Engineer, stated this concludes the work and largely covers the extended work on warranty issues by the Contractor past their contract time. He noted the City had a liquidated damages clause and assessed the contractor 109 days of late charges, which amounted to $54,500. Those funds were deducted from the contract and will substantially cover the work outlined in this amendment. Public comment - none. #0902 MISlCIU(Montgomery/Huff-Menees) Motion to authorize and direct the Mayor to execute Amendment No. 11 to the Professional Services Agreement with R. W. Beck for the Wastewater Treatment Plant Odor Control Project. 8B - PUBLIC WORKS EMERGENCY RESPONSE MUTUAL AID AGREEMENT, #AB97-241 TAPE #1502 City Council Reg. Mtg. Minutes November 12, 1997 Page 5 of 11 The proposal is an agreement between several Public Works organizations within the State to allow for mutual aid during serious, emergency or major disaster situations. The agreement has been approved through the State Attorney General's Office for format and content and provisions are included which allow for each organization to add or delete items to suit their unique needs. Paul Lucas, Public Works and utilities Department, stated this agreement will allow the City of Bremerton to draw on assets from other organizations and municipalities throughout the State in times of emergency or disaster and at the same time allow them to draw upon the City's assets under such circumstances. He noted this kind of agreement was developed through statewide effort through the Department of Transportation. Language is included that will allow the City to make arrangements outside of the agreement to cover the risk management side for equipment and personnel. Public comment - None Mr. Neville referenced the list of Emergency Response - Mutual Aid Agreement Task Force members and questioned the definition of the term "CRAB". Mr. Lucas stated CRAB stands for County Road Administration Board. Mr. Colvin commended the Public Works Department for saving the City money through cooperative efforts with other agencies and municipalities. #0978 M/S/C/U(Winters/Montgomery) Motion to approve the City's Department of Public Works and Utilities to enter into this agreement with other similar organizations within the State and authorize the Mayor to sign the agreement for the City. 8C - TELECOMMUNICATIONS TOWER LEASE WITH PAGENET OF SEATTLE, #AB97-242 PageNet of Seattle has proposed locating paging equipment and antenna on the City owned tower located at Cheryl Street at the site vacated by the Coast Guard, which is on Utility property. The proposed lease is for three years with one additional three-year option. Lease compensation would start at $550 per month with provisions for increases if PageNet expands capacity. Kathleen McCluskey, Director of Administrative Services, explained the Coast Guard originally built the site and the City took over ownership under the agreement with them when they vacated the site. This tower has a great deal of capacity within the equipment room and tower. If the proposed lease is approved, PageNet will join the current tenant - AT&T Wireless. The proposed lease has many of the provisions that were included in the Telecommunication Ordinance that is being developed. Specific provisions provide for a pre- TAPE #1502 City Council Reg. Mtg. Minutes November 12, 1997 Page 6 of 11 application and payment of $500.00, which was received; a 3-year lease and renewal with an application; compensation - $550.00 per month and $50.00 per month for each antenna added to the tower over the next couple of years; payment of Leasehold Tax and an annual C.P.I on the contract; Any changes beyond the additional antenna hook ups that involve equipment in the equipment room would be subject to renegotiation of the lease (Ms. McCluskey noted a revised Section 15 was handed out to Council members prior to the meeting). Council was provided a copy a Compensation Survey that was conducted in April 1997, by Hedges & Roth Engineering Inc., which shows Bremerton is near the top for three leases and in the middle for a number of other leases. The City hired a consultant, Denise Lorenz, to assist with negotiating this lease as well as two others that will be coming to Council in the future. Public comment - none. Mr. McConnell pointed out currently TCI Channels 19 and 20 experience interference by a paging company. He questioned if installation of additional antennas will increase the interference in that area to local television sets, and if so how can they avoid that situation? John Stave explained there are standards set by both the FCC and Washington State regarding interference. As a general rule, the tower tenant is responsible to make sure there is no interference from any of their equipment when it is installed. PageNet is currently using all of the latest and greatest equipment, i.e. internal circulators, which isolate the signals and a process that also cleans the signal being sent out. Interference is something that must be addressed on a case-by-case issue because of the number of variables involved. Mr. Winters questioned the locations currently being used by PageNet in cities similar in size to Bremerton in the State of Washington? Mr. Stave stated PageNet has approximately 80 sites throughout Washington, Northern Idaho, and Alaska. Mr. Winters questioned if the subject contract was similar to other contracts with other municipalities? Mr. Stave stated it was very competitive, but slightly higher than what he was use to paying. Mr. Colvin asked if any interference from a paging company imposes a liability on the City if this contract is approved? Mr. Sievers explained any liability created by interference would be assumed by the leasee under the terms of the contract. Mr. Law questioned the cost of the consultant ? Ms. McCluskey explained The consultant is working on a contract at $45.00 per hour for negotiations and marketing services to the City. Per Ms. Lorenz, she has spent less than 10 hours on this particular contract. Her contract is not to exceed $10,000.00, which would cover additional contract negotiations as directed by the City. TAPE #1502 City Council Reg. Mtg. Minutes November 12, 1997 Page 7 of 11 Mr. Neville questioned the actual number of antennas on the tower, as shown on the Agenda packet information? Ms. McCluskey stated the information shown on the tower sheet identifies other antennas owned by other companies. It is her understanding that PageNet will be installing 1-% terminals in the equipment room and two antennas. #1273 M/S/C/U(Montgomery/McConnell) Motion to approve a three-year lease with PageNet to locate on the City tower at Cheryl Street. 9A - ORDINANCE (FIRST READING) AUTHORIZING THE ISSUE OF 1997 UTGO REFUNDING BONDS AND ACCEPTING THE PURCHASE OFFER OF SEAFIRST BANK, #AB97-243 The City currently has outstanding $1,430,000 from an original issue of $1,850,000 voter-approved General Obligation Bonds, which were originally issued in 1991. Due to recent declines in interest rates, the City can achieve savings of approximately $65,000 or 4.5% of the outstanding bonds by refinancing this debt. The savings are calculated on a net present value basis and will be realized over life of the bond issue, which runs until 2006. Rich Hanna, City Treasurer, pointed out UTGO stands for Unlimited Tax General Obligation, which are bonds that have been approved by the voters and are paid off by excess property tax levies over and above the City's M&O levy. Since these bonds were sold, interest rates have declined, particularily within the last few months. Under present market conditions, a savings of approximately $65,000 can be realized, which is not an enormous amount of money, but is well worth taking this action. It represents approximately 5% of the outstanding bonds to be refinanced under this proposal. A 5% savings is a very reasonable basis for undertaking the cost associated with this action. The proposed ordinance was prepared by the City's Bond Counsel and the critical items, i.e. interest rates are represented by blanks in the draft ordinance as is the usual practice by the Council to not do debt issues utilizing Emergency Ordinances. By necessity, Council is shown the form of the Bond Ordinance and assuming Council approves it on first reading, he will proceed with a pricing of the bonds on November 18 and 19, and based on that a conditional commitment will be made to the bank conditioned upon passage of the ordinance on second ready. Public comment - none. Mr. Law asked if Mr. Hanna was reviewing the City's bond portfolio or was this the only one being handled in this manner?. Mr. Hanna stated he has already looked at all of the outstanding bonds and under the current market conditions this is the only issue that pencils out to the City's advantage. Mr. Law questioned the reasoning behind the City going for an "A' rather than "AAA' TAPE 4/1502 City Council Reg. Mtg. Minutes November 12, 1997 Page 8 of 11 rating? Mr. Hanna stated he and Mayor Horton will be discussing that issue with the Ratings Analyst for Moody's Investment Service confirming that will result in an "A2", which is a very good bond rating. #1746 MISICIU(Montgomery/Winters) Motion to approve Ordinance, on first reading, authorizing the issue of 1997 UTGO Refunding Bonds. Councilman Winters left the City Council Chambers at 6:30 P.M. 9B - ORDINANCE NO. 4604 (SECOND READING) ESTABLISHING AREA RESTRICTIONS FOR PERSONS ARRESTED OR CONVICTED OF PROSTITUTION, #AB97-236 Public comment - none. #1783 M/S/C/U(Montgomery/Neville) to pass Ordinance #4504, on second reading, establishing area restrictions for persons arrested or convicted of prostitution. 9C - ORDINANCE NO. 4612 (SECOND READING) REDUCING THE B&O TAX ON GARBAGE AND REFUSE BUSINESS~ #AB97-237 Mayor Lynn Horton understands there is the desire to ramp this tax down even greater than proposed; however, for every percent it equates to approximately $45,000. 1997 has been an extremely tight budget year and there is not any residual money and if the tax was ramped down an additional percent she did not have a good answer as to what could be done to balance the budget. Across the State there are many communities that have a higher tax than Bremerton. Effort is being made to lower the tax to a reasonable rate over a number of years and she urged Council to continue that path. Public comment - none. Mr. McConnell stated originally his interest was in ramping the tax down to 6%; however, the Mayor is correct in that the City is at its limits financially as far as income revenue. He would hope that in 1998 there would a consideration to ramp down the tax by 2% #1940 M/S/C/U(McConnell/Montgomery) Motion to pass Ordinance #-4612, on second reading, reducing B&0 Tax on refuse businesses. 9D- ORDINANCE NO. 4613 (SECOND READING) LEVYING PROPERTY TAXES FOR COLLECTION IN 1998, #AB97-238 Bob Long, Bremerton resident, questioned the reasoning behind the proposed tax increase when there was a State general election where an initiative was presented to get property taxes under control; and how much will the taxes amount to? He pointed out he did not receive one piece of political campaign TAPE #1502 City Council Reg. Mtg. Minutes November 12, 1997 Page 9 of 11 literature during the recent election pedod that stated someone was working to raise property taxes. Rich Hanna, City Treasurer, stated a lengthy discussion was held regarding Referendum 47 as well as the EMS measure, both relating to property taxes, - one state wide and the other limited to the City of Bremerton. Both of those measures were on the ballot and both were approved by the voters. It appears there is some conflicting actions whereby the voters state wide approved Referendum 47 lowering the State's tax levy and putting some additional constraints on local City Councils and commissions to levy property taxes and at the same time the voters approved the EMS measure increasing that levy from 25 cents to 50 cents per thousand. He noted with the proposed tax increase, the City would be levying the virtually identical rate that was levied in 1997. Because of increases in the assessed valuation, which is a function of home construction and inflation on existing property, the overall property tax revenue to the City will increase. The rate of increase in that revenue is approximately 2.4%. The rate of increase in the City's tax levy on the M&O is approximately 1/10th of one percent, the Fire Bond is currently budgeted to the levy rate - 1 ¼ % greater than what was levied in 1997, which was approved by the voters in 1979 and 1991. He pointed out that does not include the savings represented by the Agenda Bill that was dealt with earlier in this meeting. Mr, Long stated that explanation sounded logical, but it does not make sense to him. His property taxes are going up; however, as a property owner he is tapped out financially. His annual income does not increase at a rate where he could meet the increased property taxes; it will mean a considerable strain on his budget. He strongly urged Council to consider his concern on this issue. Mr. Montgomery stated the Council does not have much control over the valuation of property and the proposed tax rates are identical to what was levied in 1997. If people want taxes lowered, he questioned which services did they want eliminated? He urged Mr. Long to talk with the County Assessor about their raising his assessed valuation. Mr. Colvin stated many senior citizens on fixed incomes are concerned that they will be taxed out of their homes. He did not have the solution to the problem and he assured the public that point is taken into consideration. President Farr stated he sympathized with Mr. Long and as a retired property owner everyone is feeling the pinch of taxes. The City is trying to stimulate some growth and revitalization downtown to increase the tax base, which would take the pressure off property tax and generate some B&O and sales tax. #2263 M/S/C/U(Montgomery/Huff-Menees) Motion to pass Ordinance No. 4613, on second reading, levying taxes for collection in 1998. TAPE #1502 City Council Reg. Mtg. Minutes November 12, 1997 Page 10 of 11 10A- PUBLIC HEARING - RESOLUTION NO. 2632 REGARDING RECOVER OF FEES FOR THE ABATEMENT OF THE PROPERTY LOCATED AT 1018 BURWELL STREET, #AB97-244 On 9/5/97, the City abated and vacated the building on the property located at 1018 Burwell Street, after it was determined that the building was unsafe. The abatement order required that the building be secured to prevent entry by 9/8/97. On 9/10/97, the City secured the building after the owner, Betty Mahan, failed to do so as ordered by the Building Official. The cost incurred by the City for this action totaled $1,258.86. Council must now decide if the fees are just and reasonable and how they should be collected. Judy Johnson, Department Of Community Development, handed out photographs of the subject site and pointed out this structure has been before Council previously, but starting in September the City identified a number of issues that deemed the immediate need to vacate the structure. Staff worked with various community organizations to relocate the tenants prior to the City taking action to board up the building. The photographs did not show all of the unlivable conditions due to insects and hot water was not available for over a month. The cost of abatement is $483.00 for boarding up the structure plus the $775.00 Administrative Fee that was previously approved by Council. She urged Council to approve the fees as presented. Public comment none. Mr. Law asked if the City would be taking further action on this site? Ms. Johnson stated it would be to have the building removed by the owner and/or mortgage company or a proposal from them. The City did not receive any proposal to repair the structure. The Police Department has been notified that vandals have entered the building since it was boarded up. Mr. Law questioned the time frame for removal of the building? Ms. Johnson stated she anticipated it would be removed within 90-days. #2494 MISICIU(Montgomery/Huff-Menees) to pass Resolution #2632, ordering that the fees incurred for securing the building located at 1018 Burwell Street be collected as reasonable abatement costs and become a lien against the property. With no further business meeth g adjourned at 6:50 P.M. TAPE #1502 City Council Reg. Mt& Minutes November 12, 1997 Page 11 of 11 DAVID FAI~, City Council President City of Bremerton P J/DF/me Cc: Normal Distribution FileNault