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HomeMy WebLinkAbout01/22/97 TAPE #1435 CITY COUNCIL MEETING MINUTES JANUARY 22, 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, January 22, 1997, at 5:30 P.M., with Council President David Farr presiding. Council members present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees, Richard Neville, Lon Overson, John Law, Cecil McConnell, and Al Colvin. Also present were City Attorney Ian Sievers and Acting City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and Invocation given by Major LaVergne Nickerson of the Salvation Amy. CONSENT AGENDA A. Minutes -- January 8, 1997 #AB97-011 #0030 M/S/C/U(Neville/Montgomery) 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. #0053 M/S/C/U(Colvin/Montgomery) on January 22, 1997, the Council does approve for payment those vouchers included and further described as follows: 204699, 204749, 205101, 205102, 205111 through 205282 in the amount of $451,218.22; and Regular Payroll for the period ending January 15, 1997, in the amount of $743,546.04. COUNCIL MEMBER REPORTS Mr. Colvin added his belated welcome to the Officers and crew of the USS Carl Vinson. He congratulated Reverend Cleveland Williams, EbenezerAME Church, Mayor Horton, Kitsap County Commissioners and all participants in the Martin Luther King Jr. birthday celebration. He congratulated all City employees for observing the Martin Luther King Jr.'s birthday. He believes observing that day brings everyone closer to the concept of one nation under God. Martin Luther King Jr., was the youngest person ever to receive the Noble Price, not because of his color, but in spite of it. Mr. Colvin extended a "thank you" to Wayne Olsen for his help with District #1 work. Recently, he met Jim Rothgeb, a newspaper reporter, in person for the first time and as a result of that meeting, a newspaper article was printed asking people to contact TAPE #1435 City Council Reg. Mtg. Minutes January 22, 1997 Page 2 of 14 Mr. Colvin, through the City Council Office, to offer suggestions and/or help for replanting the area at the north end of the Warren Avenue Bridge where the Scotch broom was removed. Since that article appeared, he has received a number of calls offering suggestions and support for such a project. Lastly, he extended congratulations to Jim and Lillian Walker for their courage and perseverance in staying in BREMERTON in spite of the discrimination they encountered when they came to BREMERTON; and since that time it has changed. Mr. Law reported District #3's Neighborhood meeting on January 21 was good and informative. Bob Tulp, Public works Operations Manager, and Assistant Fire Chief Al Duke reported on the challenges of the New Years day storm and the lessons learned. Mr. Tulp also discussed the lighting of Manette Bridge. Police Sgt. Kevin Long and Sgt. Tom Pratt also provided an update at that meeting, including Sgt. Pratt's trip aboard the USS Carl Vinson from California to Washington. The welcoming of the USS Carl Vinson was enthusiastic and well organized in spite of the rainy weather. The welcoming committee was the most energetic and innovative that he has seen in his 35 years experience working on such events. He credits the "welcoming" success on the committee and particularly John Gordon, PSNS Public Affairs Officer. He encouraged everyone to extend a special welcome to the USS Vinson crew and their families. Mr. Overson reported he attended the BREMERTON Planning Commission meeting on January 21, where the Sinclair Landing Project was discussed. Many people attended that meeting (standing room only in the Council Chambers) and lots of questions were asked and were answered well, with some needing further research. The audience showed support for the project. Mr. Neville announced the Central Sound Ferry Advisory Committee's annual meeting will be held on January 27, 1997, 6:30 - 8:30 P.M.. The topic of discussion at that meeting will be the future use of the ferry system and the population and job growth projections for this area, as well as King County, Pierce County and Snohomish County. Their projects through the years 2020 shows Kitsap County's population growing around 57.6% and an increase in jobs around 25.9%. He encouraged attendance at that meeting and pointed out it will be televised over TCI Channel 12. Mrs. Huff-Menees reported she also attended the Planning Commission meeting where many concerns were expressed regarding the interruption or fear of interruption of ferry service when construction begins on the Sinclair Landing project. She also encouraged members of the public to attend the Ferry Advisory Committee meeting because those issues need to be addressed with TAPE #1435 City Council Reg. Mtg. Minutes January 22, 1997 Page 3 of 14 representatives from the ferry service. Mr. Montgomery reported he was a member of the crowd on the boardwalk for the welcoming of the USS Carl Vinson and observed that the crew members were very happy to arrive in BREMERTON in spite of the rain and no one on the boardwalk complained about the inclement weather, they were just happy to see the ship arrive. He hopes the Navy continues their probe to homeport two more carriers in BREMERTON. Such action would benefit both the City and the Navy. Mr. Winters read the following statement: "I would like to see the City, and he hopefully will be the one, to lead the rebirth of the discontinued Cable Committee into the future of a Telecommunications Citizens Advisory Board also to discuss the topics that relate to cable view concerns, ideas and recommendations and the future of telecommunications, which is here and now. In the City of BREMERTON we need to create, discuss and organize drafting a Telecommunications Ordinance that will insure the protection of revenues and right-of-ways. He needs to have the citizens involvement committee along with himself be in a proactive position in creating and drafting this information to send on to the Mayor's office and then on to the Council for their approval. Mr. Winters will be attending the "Wireless Buildout Conference" on February 24, which will be held at Seatac. He read the following quote from the conference flyer: "As someone who is struggling desperately to get a draft ordinance before an eagerly anticipating City Council and City Manager, I would heartily recommend attending the Wireless Buildout Conference for insight, education, and an opportunity to converse with industry representatives, carriers, providers, property owners, federal, state and local government representatives, in order to create good regulations that work for everyone." He offered his assistance to Councilman Colvin in the replanting project. He noted prior to the Council meeting Assistant Fire Chief Al Duke circulated pictures of the damaging results of the recent snow storm (Dec. 26-29); and he believes the City should extend a hand to help those, such as the Albertson Store, to rebuilt. Mr. Farr reported he was fortunate to attend the Martin Luther King Jr. Scholarship Fund Luncheon on January 19. He noted part of the program was to "roast" Jim and Lillian Walker; however, they have done so many wonderful things that the comments about their service were all very complimentary. He again extended "congratulations" to the Walkers for their many years of community service. PUBLIC RECOGNITION Police Chief Paul Du Fresne, representing the East BREMERTON Rotary Club, announced an upcoming International Auction, sponsored by the TAPE #1435 City Council Reg. Mtg. Minutes January 22, 1997 Page 4 of 14 Rotary Club, on February 8, 1997, starting at 6:00 P.M., at the Admiral Theater. Tickets are available at a cost of $40.00 each. Reverend Cleveland Williams, EbenezerAME Church and Martin Luther King Jr., 3rd annual celebration thanked everyone who attended or participated in the 3rd annual Martin Luther King Jr., celebration event held on January 20. He emphasized this event was not about one person or one group of people, it is about enhancing the quality of life for all of Kitsap County. Lillian Walker stated she was humbled by the recent notoriety that she and her husband received when named "Citizens Of The Century" and honored at the Martin Luther King Jr. Scholarship Fund Luncheon. She thanked everyone for their many kind words and congratulations. During the festivities she shared the following statement: "If someone saw a problem and didn't help, then they were part of the problem. She put out the challenge to go forth and make our community a better place to live, not just for yourself, but for everyone." Kal Leitchman, BREMERTON resident, thanked the City for taking care of the damaged sidewalk on State Street. Tom Dotton, BREMERTON resident, stated at the previous Council meeting he asked each Council members to drive through a specific area to observe the flow of traffic on streets where parking was removed from planting strips and where vehicles were parked on planting strips. He, along with approximately 70 people attended the neighborhood meeting on January 21, where the issue of parking on planting strips was discussed. At that meeting, Councilman Neville stated he would come forth with his own position paper on this issue. He emphasized not one person spoke in favor of removing parking from planting strips. President Farr stated he believed there was interest on the Council regarding this issue and there would be further discussion at a future Council Study Session. Julius Whitinger, Sylvan Way Baptist Church, complimented Mayor Horton on her presentation before a senior citizens group (Anchors) on January 21. The group was particularly impressed with the Mayor ability to speak, without notes, on her desires and aspirations, her future for the City, its needs and the direction the City is being lead. They are hopeful Mayor Horton will make her appearance before this group into an annual event. Roy McInnis, BREMERTON resident, echoed comments made by Reverend Cleveland Williams regarding the Martin Luther King Jr., Birthday Celebration event on January 20. He was amazed with the diversity of talent performed at that event. He is very appreciative of the TAPE #1435 City Council Reg. Mtg. Minutes January 22, 1997 Page 5 of 14 efforts of people like the Walkers to bring about change within the community. He related an incident he experienced in BREMERTON in 1957, when he was subjected to discrimination at a local business. He was happy to report there has been much improvement in the relationship of the entire population over the years between 1956 and 1997. He believes if everyone continues to work together in a united way in Kitsap County, it can become the best place to live in the United States. Bill Camp, BREMERTON resident, stated because this is an election year he respectfully asked Council, during the course of the year, to make decisions on highly charted issues based on practicality and principal and for the people and not on politics. Over the past three months he believes there have been some horrendous decisions made by Council that show no act of vision and did not garner the support of residents when asked for their input. Mr. Knauss, BREMERTON resident, stated he sought an Attorney General's opinion, through Senator Bob Oke, on the City's charging an 18% refuse tax on garbage collection. The "Brief Answer" in the opinion paper stated: Legislation enacted in 1986 (Chapter 282, Laws of 1996) which removed refuse collection business activities from the imposition of the state public utility tax created an inference that, in so doing, the Legislature has limited the rate of tax that can now be imposed by cities on the revenues derived from the conduct of such business activities. There is a reasonable possibility that a court would conclude that current law now imposes such a tax limitation, if the matter was litigated." Mr. Knauss stated Council has been on notice since 1995 and the State Legislature has been on notice prior to that date. He went on to further quote: "As a general rule, judicial interpretation, unambiguous language in a statute will be given effect in accordance with its plain meaning. The court will not engage in judicial construction to find some other intent." "Admittedly, in the absence of evidence or obvious explanation as a matter of policy for the subjection of refuse collection businesses to the local tax limitations from which they were previously immune, one maV logically conclude that such a result was attributed to an inadvertent omission on the Dart of the Legislature. However, on repeated occasions the courts have expressed their extreme reluctance to supply omissions which may have resulted from Legislative oversight." He referenced another section of the opinion where if they try to go in an amend the law to correct it and if it appears they are trying to grandfather or cover up the mistake, it could lead to further legal fights. Mr. Knauss hopes this issue does not have to be litigated, but if it does then it will be. He stressed the residents are being charged too much and he tried to warn the City in 1995, but no one would listen. He hopes someone will take note now and do something. TAPE #1435 City Council Reg. Mtg. Minutes January 22, 1997 Page 6 of 14 Elizabeth Buell, BREMERTON resident, agreed with prior speakers that residents should be allowed to park their vehicles along the street even if two of their wheels are on the sidewalk so that there is adequate distance in lanes for two vehicles to pass on a two way street without one having to stop and wait while the other passes. Lillian Walker, BREMERTON resident, offered the services of the West BREMERTON Garden Club for the replanting project at the north end of the Warren Avenue Bridge. 7A - 1997 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FINAL AWARD ALLOCATION, #AB97-012 The City of BREMERTON has been notified from HUD that our actual 1997 CDBG Allocation is $600,000.00. In late summer, we began the 1997 CDBG allocation process with the application, interviews, and Advisory Committee recommendations. On October 30, 1996, the City Council approved the Advisory Committee funding recommendations for $552,500.00. We are here tonight to allocate the additional dollars. We have an additional $47,500.00 from 1997 CDBG and $9,500.00 from unspent 1996 dollars. Marylyn Waibel, Department Of Community Development, pointed out an additional $10,000 was awarded in the Planning and Administration category and the recommendation is to award that amount to "Administration"; an additional $14,500 was awarded to the Human Services category and the recommendation is to award $4,500 to the Parks Department "Playground Express"; and $10.00 be award to KCAP Housing Services. An additional $32,500 was awarded in the Housing category and the recommendation is to award an additional $8,125 to the BREMERTON Housing Rehab Program, KCAP Weatherization Program, Kitsap Mental Health Housing Program and Shelter America - BREMERTON Gardens Project. Public comment - none. Mr. McConnell stated he was please to see the recommendation for additional funds being awarded to KCAP Housing services and the Playground Express. Mr. Overson stated he was not aware of the Housing For Teens Program and questioned if it was new? Mrs. Waibel explained Kitsap Mental Health is purchasing a house on Burwell Street to house teens. Kitsap Mental Health was awarded funds in 1996; however that funding was not sufficient to accomplish the project. The 1997 allotment they will allow the project to be completed. Mr. Overson asked for clarification of the Shelter America project? Mrs. Waibel stated she believed this was the first time BREMERTON Gardens had received funding through the City. The Shelter America TAPE #1435 City Council Reg. Mtg. Minutes January 22, 1997 Page 7 of 14 project is a small piece of a 13 million project. The Shelter America Corporation is located in Bellevue and they have been involved in several projects with Kitsap County Consolidated Housing Authority. This organization works mainly getting tax credit dollars for developers. Mr. Overson asked if the 1998 CDBG program will be handled the same as this year, i.e., with the committee or will all the presentations be made to the Council and they in turn will make the final recommendations? Mrs. Waibel stated that would be up to the City Council. She was under the assumption the same process would be used for the coming year as in the past year; however, she is open to change. Mr. Overson stated he believed it would be an excellent education as well as experience for all Council members to observe the presentations by the CDBG funding applicants. Mr. Colvin asked if this information had been presented before the Council committees? Mrs. Waibel stated yes. #1432 M/S/C/U(Huff-Menees/Montgomery) to approve additional funding recommendations. 7B - CONTRACT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES WITH THE BREMERTON HOUSING AUTHORITY, #AB97-013 Request approval for the Mayor to sign the 1997 contract for Supplemental Law Enforcement Services with the Housing Authority of the City of BREMERTON. Police Chief Paul Du Fresne stated he was pleased to bring to Council the renewal of the contract that was approved in March of 1996, which will be in place until March 31, 1997. Because it is desired to put this contract in line with the City's fiscal year and because the reports from the City's efforts at the housing project have been so good, the Housing Authority staff asked if the contract could be renegotiated as of January 1, 1997. He urged Council to authorize the Mayor to sign the contract thereby extending it another year. The only changes in the contract are the addition of an inflationary rate for the additional expenses the City might incur in servicing the contract as well as some documents outlining the procedures for assisting in security checks, as required by Federal law, for applicants to live in subsidized housing. He believes the contract with the Housing Authority has been of benefit to the residents of Westpark, Housing Authority and the City. Bill Camp, BREMERTON resident, commented on Police Department statistics relating to crime levels throughout the City, including Westpark, which has 600 households that represent nearly 1,500 people. He pointed out crime statistics reveal there was less crimes being committed in Westpark than in some parts of the City TAPE #1435 City Council Reg. Mtg. Minutes January 22, 1997 Page 8 of 14 and he believed that could be attributed to the presence of the BREMERTON Police Department within the Westpark complex. In reviewing Attachment A, he did not support the idea of requiring the Duty Officer to clean up the Westpark development, including removal of graffiti, trash and debris. He also challenged the requirement that the Duty Officer make presentations and speeches to resident organizations and groups. It was his opinion that the Duty Officer would be placed in the position where he would have to prepare for such presentations on his own time without receiving compensation. He referenced item 31 in Attachment A, which says the Duty Officer will further the BREMERTON Housing Authority's mission and objectives that is not restricted by legal or Police Department policy. He felt a clearer definition was needed because in his estimation the Housing Authority's mission is to provide housing for the disenfranchised, under privileged and people out of work. He felt that responsibility had nothing to do with what a law enforcement official should be involved in. He has always held the opinion that the BREMERTON Housing Authority is a problem that needs to be solved, not that the BREMERTON Housing Authority is an agency that solves problems. He asked if the BREMERTON Housing Authority will now have access to the Police Department's criminal computers to research prospective rental applicants? If that is new, he wanted to know where this service would be cut off or would it be made available for background checks to independent landlords, property owners, store keepers, etc.? Chief Du Fresne stated in regard to background checks, discussions were held with the Housing Authority, including in all cases those people who would be responsible for the particular task, i.e. Officer Emm, Housing Authority clerical staff. He believes Westpark is a safe neighborhood and the turn over of residents is extremely low; therefore, he expects to see very few requests and those could only be for local background checks. Criminal history through a computer can only be obtained when a set of fingerprints is submitted and a fee attached. Without this cooperation and willingness on the part of Westpark to review with the Police Department some potential tenants, they have found themselves with residents that only after moving in became critical problems for that community. In the past year the Police Department assisted the Housing Authority to remove and evict people that were involved in crimes and drugs. The possible cost to the Department for the background checks is estimated to be minimal on a monthly basis. The data they would be providing is public information, which could be obtained by anyone. He anticipates their reviewing this procedure after it has been in operation for six months to see what financial affect it may have within the Department. The Housing Authority, through Mr. Wallace, was agreeable to renegotiation if the expense becomes too big a burden. In regard to Mr. Camp's concern about the Duty Officer picking up TAPE #1435 City Council Reg. Mtg. Minutes January 22, 1997 Page 9 of 14 letter or responding to a police call for assistance, direction by policy is very clear when an officer responds to a call for back up assistance. The Housing Authority understands the primary responsibility of the Police Officer. In the case of graffiti, it is important that the Officer be actively seen as the first person to identify and request removal of the graffiti, trash and litter within Westpark. Westpark is a well kept facility, which is not always the case in public housing projects, but maintaining that standard speaks a lot to the level of commitment of the Housing Authority and the residents. He emphasized the Officer on duty would be assigned and funded through federal funds through the Housing Authority, not City tax dollars. Some of the more unusual aspects of the assignment do include the officer making presentations to community groups. Schedules for such meetings and the preparation time required are monitored so that the officer is paid appropriately according to the Fair Labor Standards Act. Chief Du Fresne pointed out Officer Steve Emm is well prepared for such presentations since he has been trained as a D.A.R.E. Officer as well as having other skills. Mr. Oversen stated when this item was presented to the Fiscal and Budget committee he was under the impression that the proposed contract was essentially a continuation of an existing contract. And, he also understood that it had been reviewed and concurred in by the Housing Authority and Police Union within the Police Department. Chief Du FEesme stated it was not routine to submit contracts for services to the collective bargaining representatives for their approval. Any problems arising with the Housing Authority contract that conflict with the collective bargaining unit would have been brought to their attention, which have been few. He was pleased to report that a number of Police Officers, who are active in the collective bargaining unit, were interested in pursuing the position in Westpark. Mr. Overson questioned if the only change being presented to Council is the additional 3% funding to the City? Chief Du Fresne stated yes, and clarification of procedures used for checking local backgrounds of prospective Westpark tenants. Mr. Overson noted Mr. Camp's concerns were possibly legitimate if viewed from a certain prospective; however, based on their intent there is no problem and even if there is a problem, it can be negotiated. Chief Du Fresne stated Mr. Overson was correct and to date there have not been any problems with those same duties as prescribed. The only changes to the contact were the start and stop date, the inclusion of a 3% increase for real costs and agreeing to a procedure for checking the Police Department's records for criminal background information. Mr. MontgomerY stated as Council representative for Westpark he has been attending the Housing Authority's monthly meeting. At those meetings, he hears how well the City's Police Officer is performing TAPE #1435 City Council Reg. Mtg. Minutes January 22, 1997 Page 10 of 14 his duties and the positive change in criminal activity in that area. He urged Council to approve the contract as presented. Mr. McConnell stressed the fact that the item listed in Attachment A regarding the picking up of litters and erasing graffiti does not mean the Duty Officer would be actually the work. Chief Du Fresne explained the officer is instructed to watch for those kinds of conditions and bring them quickly to the attention of Westpark Maintenance, Westpark Housing Council and Westpark management. Mr. Colvin asked if the approval of the contract will require hiring additional Police officers? Chief Du Fresne explained the contract will continue with one full time Police Officer assigned for supplemental patrol plus over time hours available for weekend patrols based on the needs of Westpark. Mr. Colvim asked if Westpark was getting more police service than other BREMERTON residents? Chief Du Fresne stated only the additional service that Westpark is funding. The City provides Westpark with the same base line of service as other areas. If this contract were not in place, they would be part of one "Police Beat". The proposed contract gives Westpark a Police Officer on site at least 8-hours per day. Mr. Colvim asked if any neighborhood would suffer because of the Officer being assigned to Westpark? Chief Du Fresne stated no, actually other neighborhoods may receive some benefit because it gives the officer in the regular beat to focus their attention on the areas outside of Westpark during the eight hours that Officer Emm is at Westpark as well as over the weekends when that area is being covered by Officers being paid overtime by the Housing Authority. Mr. Colvin asked if there was anything illegal about the Police Department providing background checks on potential Westpark residents? Ian Sievers, City Attorney, pointed out the contract clearly states that any criminal history record provided to the Housing Authority is the same public dissemination or disclosure that can be provided to any landlord, except it would be provided at no charge. Mr. Colvin stated he believes this contracted service improves the liveability in Westpark. Chief Du Fresne stated he has received comments from members of the resident council and others that they feel safer and know that their neighborhood is being policed by someone who cares about them. Mr. Law stated he had attended several functions at Westpark and over the past two years has been impressed with the response of residents that their quality of life has improved. He encouraged the endorsement of every request within the contract. Mr. Winters stated he appreciated Mr. Camp's interest in this issue and questioning the facts written into the contract. He asked if the proposed contract was prepared by the City? Chief Du Fresne stated the original contract was negotiated between the Housing TAPE #1435 City Council Reg. Mtg. Minutes January 22, 1997 Page 11 of 14 Authority and the City. Drafts of that contract were circulated between Attorney offices, his office, through the Patrol Supervisors, Administrative Captains and eventually presented to Council in April of 1996. The subject contract was created in basically the same fashion. Mr. Winters pointed out an important item listed, i.e. "Maintain a professional decorum and attitude in all dealings with residents, visitors, superiors and other department personnel; conduct personal life in a manner that sets a positive example for residents, especially youth". He also pointed out Officer Emm works with youth in the North Mason County area and often observes him jogging through Westpark and parts of District #9. He would like to hear directly from Westpark residents on how well this contract is working for them in their neighborhood. TAPE #1436 #0011 M/S/C/U(Montgomery/McConnell) to approve recommendation for 1997 Contract for Supplemental Law Enforcement Services with the BREMERTON Housing Authority. 7C - BID AWARD TO STELLAR CONSTRUCTION FOR PUBLIC WORKS & UTILITIES OPERATIONS CENTER WAREHOUSE/STORAGE BUILDING, #AB97-014 Bids were opened for the Public Works Warehouse/Storage Building on December 12, 1996. Eight (8) bids were received for the project (see attached Bid Opening List). The apparent low bidder, MDM, Inc. withdrew their bid proposal due to a material bid tabulation error. As a result, the second low bidder, Stellar Construction, Inc. is recommended for award for the base bid amount of $225,791.00. The recommendation before City Council is approval of the' base bid contract to Stellar Construction, Inc. for the base bid amount of $225,791.00. Dan Miller, Project Manager, stated with the award of this contract there are sufficient funds to fiance the construction of the new facility. Upon City Council's approval, the construction of this facility will further the consolidation of the Public Works Utility Division operations that is presently divided between Oyster Bay facility and the Olympus Drive facility. In addition, the relocation process will allow the Fire Department to take over the vacated warehouse on Olympus Drive for consolidation of their fire equipment at Fire Station #3. Public comment - none. #0118 M/S/C/U(Montgomery/Colvin) to authorize and direct the Mayor to execute the contract for the construction of the Public Works & Utilities Warehouse/Storage Building with Stellar Construction, Inc. for the base bid in the amount of $225,791.00 subject to City Administrative Policies and Procedures. TAPE #1436 City Council Reg. Mtg. Minutes January 22, 1997 Page 12 of 14 Mr. Winters questioned the funding amount allocated for the Mezzanine improvements at the Oyster Bay Facility, which are being deferred to this project? Mr. Miller explained the Mezzanine improvements in the 1997 budget was $105,000. Due to the fact that this project is over the anticipated budget developed in 1996 ($200,000), the Mezzanine project ($105,000) is being deferring and those funds are being utilized to finalize the budget for the storage facility budget ($275,000). Mr. Winters questioned the future finishing of the Mezzanine project? Mr. Miller stated the Mezzanine project would be included in the 1998 budget. Mr. Overson stated the justification for the project talks about the need to continue storage, not about whether the City has too much storage or not. He has heard that the City stores things they should not be storing and if significant time and effort was spent on an inventory control program, the City's storage needs could be considerably reduced. He asked Mr. Miller if he was aware of an Inventory Control Program in the City? Mr. Miller stated he could not answer that question; however, he believes there is action underway where inventories are being reduced. He pointed out this proposal will allow the consolidation of operations. Mr. Law question if the City retains the Bid Bond when a bid is withdrawn? Mr. Miller stated it was his understanding that under State statute when there is a bid tabulation error in regards to materials or labor the contractor has the opportunity to withdraw from the bid within a short time after the bid opening. Mr. Sievers stated some of the City's bid invitation specs vary with some of them setting forth procedures for recision, but regardless of what the bid specifications state, there is a court form rule with various tests involved for recision that allows the contractor to not forfeit the bid bond. Mr. Colvin noted it wouldn't make sense to hold a contractor to a low bid that they would not make any profit and possibly not do a good job for the City. Mr. Sievers stated that would be an Engineering decision and if there isn't some kind of profit margin for the contractor, they can be difficult to work with. On the other hand, if the error was poor judgement the City would probably go after the Bid Bond. Mr. Miller added the City conducts reference checks on contractors. Mr. Colvin questioned the urgency of this project? Mr. Miller stated speaking for the Utilities Division, they feel it is very necessary. He is also echoing the direction of the Public Works Director, which is the consolidation of operations onto one site, which is the primary reason for development of the Public Works Complex. TAPE #1436 City Council Reg. Mtg. Minutes January 22, 1997 Page 13 of 14 Vote on motion: Passed unanimously. 7D - LABOR AGREEMENT BY AND BEtweEN THE CITY OF BREMERTON AND THE BREMERTON POLICE MANAGEMENT ASSOCIATION, #AB97-015 Pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the BREMERTON Police Management Association, resulting in the attached Labor Agreement. This Labor Agreement replaces the current one which expired December 31, 1996. The new Labor Agreement's term is January 1, 1997 through December 31, 1999. It has been ratified by the Association's membership. Council approval is required to implement the new agreement. Jim Meith, Human resources Manager, pointed out this unit is comprised of a Police Management group..Captains and Lieutenants. The Agenda documentation contains a summary of the changes in the labor agreement. Public comment - none. Mr. Overson noted the comparison of wages provided show BREMERTON Police Officers compare well with other areas within our region. Mr. Meith pointed out the percentages Mr. Overson referenced are the spreads between the various positions, i.e., Police Officer, Sergeant, Lieutenant, Captain, Commander. The purpose of supplying this data was to show how they arrived at the 13% and 15% spread. President Farr asked for clarification on the Deferred Compensation contribution up to 2% of the employees base monthly salary rate? Mr. Meith stated the City participates in a program whereby an employee can contribute part of their salary that is not taxed until their separation from the City. Under this agreement, if a member of this unit elects to contribute some of their salary toward that program, the City will match that contribution up to a maximum of 2%. President Farr asked if that program is available to all City employees? Mr. Meith stated all City employees can contribute to the Deferred Compensation Program; however, only the Management group, Police rank and file; Fire rank and file and the subject group, if Council ratifies the contract, are eligible for 2% matching funds. President Farr questioned the cost to the City if all members within this group takes advantage of the Deferred Compensation Program? Mr. Meith stated if everyone member of this unit participated it would cost the City $5,000 annually. Mr. Winters commented that if you pay for quality, you get quality. He complimented all those involved with the development of this proposal. #0414 M/S/C/U(Montgomery/Colvin) to approve the Labor Agreement By and TAPE #1436 City Council Reg. Mtg. Minutes January 22, 1997 Page 14 of 14 Between the City of BREMERTON and the BREMERTON Police Management Association January 1, 1997 through December 31, 1999. 8A.- ORDINANCE NO. 4582 (SECOND READING) AUTHORIZING THE ISSUE OF A $1,250,000 TAX ANTICIPATION NOTE, ACCEPTING THE PURCHASE OFFER OF SEAFIRST BANK, #AB97-009 Rich Hanna, Treasurer, introduced Jane Towery, representing SEAFIRST Bank. He referred the Purchase Offer from SEAFIRST and noted the bonds were priced by SEAFIRST this morning with a coupon of 3.85%. SEAFIRST felt comfortable that even though the bonds did not immediately sell out, indicating that coupon was to large, they also were able to move enough product to sell the balance of the bonds at that level. At this point in time, the bonds are virtually all sold and approximately 1/3 were sold at the retail level through local branches. The underwriting spread, as indicated in the Purchase Offer, is $3.50 per bond, which is the same price offered the two previous times this procedure was used. Public comment - none. #0634 M/S/C/U(McConnell/Montgomery) to pass Ordinance No. 4582 on second reading, authorizing the issuance of tax anticipation notes for the purpose of paying City expenses pending the receipt of general City taxes; creating a note redemption fund; providing for the sale of those notes to Bank of America NT&SA, doing business as SEAFIRST Bank of Seattle, Washington. President Farr thanked the TV camera crew for their services: Rob'Rupe, Mike Peebles and Jammie Campbell. With no further business meeting adjourned at 7:23 P.M. City of BREMERTON KLM/DDF/me cc: Normal Distribution File/Vault