HomeMy WebLinkAbout08/11/99
T APE s #1639 #1640
CITY COUNCIL MEETING MINUTES
August 11, 1999
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 11, 1999, at 5:30
P.M., with Council Vice-President Carol Arends presiding. Council members present were Carlos
Montgomery, David Farr, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Council
member Jim Reed and Council President Mike Shepherd were absent. Also present were City
Attorney Glenna Malanca, Deputy Clerk Paula Johnston, and Legislative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Vice-President Arends, and
invocation given by Reverend Shirley Herrmance of Ebenezer African Methodist Episcopal Church.
Council Vice-President Arends made the following announcements:
(1) City Council held a Study Session prior to the meeting to discuss general Council business;
(2) City Council will hold a 10-minute Executive Session if time allows during a break, or
immediately following the City Council meeting to discuss "Potential Litigation"; and
(3) The public was reassured that the Study Session, which was held in place of a regular
business meeting last Wednesday on August 4, 1999, was "legal" since the meeting was open
to the public, and proper notice provided.
CONSENT AGENDA
A. Minutes of Meeting - July 14, 1999 #AB99-150
#0055 M/S/C/U (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.
#0075 M/S/C/U (Montgomery/Farr) On August 11, 1999, the Council does approve for payment those
vouchers included and further described as follows: 233154, 233346 through 233414 in the amount of
$445,682.38; and Regular Payroll for the period ending July 31, 1999 in the amount of $937,782.05.
COUNCIL MEMBER REPORTS
Mr. MontclomerV acknowledged the efforts of the Wastewater Treatment Plant staff in keeping the
grounds clean and well-trimmed, and announced that the next District 8 meeting will be held on
Thursday, August 19, 7:00 P.M. at the Bremerton Administration Office.
Mr. Farr also invited citizens to attend the District 6-7-8 Meeting in the Curriculum Library.
Mr. Overson mentioned that the next District 4 meeting would be held on Thursday, September 9,
7:00 P.M. at the Washington Mutual Building, with special guest Police Chief Robert Forbes. He also
reported an expedient response from the Fire Department to a recent fire in the Manette area.
Mr. Law announced that the next District 3 meeting would be held on Tuesday, September 21,7:00
P.M. He was pleased with the paving projects in the vicinity of Perry Avenue.
TAPES #1639 & #1640
City Council Reg. Mtg. Minutes
August 11, 1999
Page 2 of 8
Mr. McConnell invited citizens to the next District 2 meeting on Thursday, September 2 at 7:00 P.M.
at the Parks and Recreation Office located on Lebo Boulevard, with special guest Cris Gears, the
City's new Parks & Recreation Director.
Vice-President Arends also encouraged attendance at the District 6-7-8 Meeting, and also
congratulated the Art Guild on their 50th Anniversary.
MAYORS REPORT
A Proclamation was read by Vice-President Arends in the absence of the Mayor, proclaiming
Sunday, August 15, 1999 as "SIBLING DAY", which was received by AI Glaser.
Vice-President Arends commended Bob & Claudette Tulp, and Marylyn Waibel for their efforts in
bringing the World Changers Project to Bremerton.
Jo Webster, Manager with AT&T Cable Services, formerly TCI, provided an update on the
installation of the fiber optic system, and answered questions from the Council.
LEGISLATIVE REPORT
A response was provided to Mr. Stvron, who wrote a letter to the Editor of The SUN, voicing his
concerns over the expiration of the City Hall elevator permit. It as explained to Mr. Styron that
inspection and permitting procedures are handled by the Washington State Department of Labor &
Industries, however, he was assured that due to the City's monthly maintenance and service, the City
is confident of the elevator's safety.
PUBLIC RECOGNITION
Larry Dickerson urged the City to enforce the Resolution to clean up prostitution.
John Stanley introduced two visitors from Russia, who have been visiting Bremerton for the last
several weeks.
Gordy Byrd asked for a response to his question "what gives the City a legal right to omit the public
from any legal action taken by the Council?."
Elizabeth Buell voiced concerns over panhandling in the city.
Don Larson provided copies of the "Washington Water Weeks Activity Guide" with various upcoming
events, and asked for City support. He also encouraged to City to develop an underwater park. Mr.
MontqomerV stated he talked with Norm Dicks, who also would support this type of park.
Carol Atkinson invited the public to attend the last Concert on the Boardwalk to hear 'Payday Daddy'
Friday evening at 6:00, and provided an update on the Blackberry Festival.
Susan Brown referred to an article printed in The SUN regarding a citizen's problems with parking in
the City, stated the City must be consistent with its policies, and asked the City to identify any other
non-compliance areas.
Vice-President Arends announced that item 9(A) would be delayed until the Mayor's arrival.
TAPES #1639 & #1640
City Council Reg. Mtg. Minutes
August 11, 1999
Page 3 of 8
9B - EXERCISE OPTION TO PURCHASE PROPERTY FROM PUGET SOUND ENERGY, #AB99-
152
Jodi Wroblewski, Assistant Parks & Recreation Director, has requested that the City exercise its
option to purchase property from Puget Sound Energy, Inc. as provided in the Option Agreement in
Lieu of Condemnation, section 3, executed August 19, 1997 (copy attached). The purchase price is
One Dollar ($1.00), and will benefit the Evergreen Park Expansion Project.
Don Larson, Kitsap Diving Association, supported Council's approval of this action.
#1370 M/S/C/U (Overson/Montgomery) Motion for City of Bremerton to exercise its right to purchase
property from Puget Sound Energy, Inc. pursuant to the parties' Option Agreement in Lieu of
Condemnation dated August 19, 1997.
9C - HOME FUNDING FOR HOMEOWNERSHIP, #AB99-153
Debbie Peavler-Stewart, Administrative Analyst, reported that as a member of the Kitsap County
HOME Consortium, the City of Bremerton receives approximately $400,000 in HOME funds annually
to expand the supply of safe, sanitary, and affordable housing for low and moderate-income persons.
The City has set the following priorities for the use of HOME funds: 1 ) Funds will primarily be used for
projects that promote homeownership; and 2) Projects that promote rehabilitation and renovation of
existing buildings will be preferred over projects that promote construction on vacant sites.
The Department of Economic & Community Development is requesting $350,264 in HOME funds be
set aside to purchase and potentially demolish vacant properties, particularly in the Anderson Cove
area. The City will work with organizations to rehabilitate the existing property or construct a new
home(s) on the property to provide homeownership opportunities for low and moderate-income
persons. It is anticipated that 5-8 properties could be purchased and demolished with the funds.
Construction or rehabilitation of the property must begin within 12 months of purchase.
There were no comments or questions by the public.
David Farr stated that he is very excited about the changes this program will bring to the Anderson
Cove community, which he believes will improve the area immensely.
#1638 M/S/C/U (Farr/Montgomery) Motion to approve allocation of $350,624 in HOME funds to
purchase and potentially demolish properties that will be rehabilitated or reconstructed to provide
homeownership opportunities.
9D - AMEND $15,000 FROM REVOLVING LOAN PROGRAM TO SMALL BUSINESS
DEVELOPMENT CENTER (SBDC) ACTIVITY, #AB99-154
Debbie Peavler-Stewart, Administrative Analysis, reported that last year the City conducted a survey
of small businesses to identify approaches to assist in the development and growth of small
businesses in Bremerton. Many businesses indicated they needed technical assistance to maintain
or grow their business. The City has worked with Olympic College, EDC, and the Chamber of
Commerce over the last year to develop a Small Business Development Center. The Center will be
located in downtown Bremerton. The SBDC Coordinator will provide individualized technical
assistance to owners of businesses.
TAPES #1639 & #1640
City Council Reg. Mtg. Minutes
August 11, 1999
Page 4 of 8
In order to support the salary of the coordinator, the Department of Economic & Community
Development requests $15,000 in funds be reallocated from the City's Housing Rehabilitation
Revolving Loan Program to the developing Small Business Development Center (SBDC) activity, and
that the CDBG Action Plan be amended to reflect this change.
Funds will be provided to Olympic College for a portion of the salary of a Small Business
Development Specialist who will provide training and technical assistance to micro enterprises (small
businesses with 5 or few employees) in the City of Bremerton.
Bonnie McDade provided a brief background on the development of this program.
There were no comments or questions by the public.
#2015 M/S/C/U (Montgomery/McConnell) Motion to approve reallocation of $15,000 in funds from the
City's Housing Rehabilitation Revolving Loan Program to the developing Small Business
Development Center.
9A - CONFIRMATION OF ROBERT FORBES TO CHIEF OF POLICE, #AB99-151
Mayor Horton discussed the lengthy experience of Interim Chief Robert Forbes, and feels confident
that he will perform well in this position.
Gordy Byrd asked how many years are provided under this contract. Mayor Horton stated that
there is no term set for this position.
Mr. Law expressed his support for Mr. Forbes, however asked for assurance that this was a Civil
Service position, and that it would stay that way. He was distressed to see the employee's contract
as part of the requirement, and believed the appointment should be made without the contract. He
further stated the Civil Service Commission should have held a meeting to resolve this issue. Mayor
Horton explained that currently, the Interim Human Resources Director is a City staff member who
has other responsibilities. She assured the Council that once a permanent Civil Service Officer was
in place, these issues would be addressed.
Mr. Farr expressed his support for Robert Forbes, and was impressed with a recent response to a
constituent's concern, which was handled professionally and expeditiously.
#2555 M/S/C/U (Montgomery/Olsen) Motion to confirm Robert Forbes as Chief of Police.
Mayor Horton invited everyone to attend the reception confirming the appointment of Robert Forbes
as Chief of Police to be held tomorrow, in the Council Chambers beginning at 3:00 P.M. Chief
Robert Forbes offered his thanks and appreciation.
Mr. Farr stepped out of the meeting at approximately 7:00 P.M.
9E - PURCHASE ORDER REQUEST FOR RAILROAD FLATCAR BRIDGE DECK, #AB99-155
Bill McKinney, Forestry Manager, reported that due to poor condition, the existing Log Bridge that
provides access to the base of Casad Dam and its control structure requires replacement. This
stream crossing provides the only access for essential water supply operations and maintenance. It
has been determined that the most efficient and cost-effective replacement structure for this site
TAPES #1639 & #1640
City Council Reg. Mtg. Minutes
August 11, 1999
Page 5 of 8
would be a reconditioned steel railroad flatcar. This is a common practice for forest access roads.
Based on available information, there is only one source for this type structure. Skip Gibbs Company
of Redwood, CA, provides this type of structure, fabricated to engineered specifications.
There were no comments or questions by the public.
#3035 M/S/C/U (Montgomery/Olsen) Motion to approve and authorize the Mayor to sign a purchase
order for sole source purchase, in the amount not to exceed $35,000 to Skip Gibbs Company for the
purchase of a steel railroad flatcar bridge deck per specifications.
Mr. Farr stepped back into the meeting at approximately 7:15 P.M.
9F - INTERLOCAL AGREEMENT WITH DEPARTMENT OF CORRECTIONS FOR JAIL BEDS,
#AB99-156
Judqe James N. Docter, Municipal Court, reported that the attached Intergovernmental Agreement
with the Department of Corrections provides for approximately 10 beds in the Departments
Work/Training Release Facility located in Port Orchard at the rate of $57.00 per day. This will provide
the Bremerton Municipal Court with back-up jail space.
There were no comments or questions by the public.
TAPE #1640
Mr. Olsen asked if money was provided in the budget, or would there be a Budget Adjustment from
the General Fund. Judcle Docter responded if the money was not in the budget, then it was "under
budgeted".
Mr. Montgomery asked whether this was actually a "work release" program, where they would not be
under "lock & key". Judqe Docter clarified that this program is for "pre-released" prisoners, who do
not generally have jobs.
Mr. McConnell asked for clarification that the City would only be charged $57.00 per bed if an
offender was assigned to it. Judge Docter responded yes.
#0255 M/S/C/U (Farr/Montgomery) Motion to approve Intergovernmental Contract with the
Department of Corrections.
9G - CHANGE ORDER NO. 4 FOR CORROSION CONTROL FACILITY, #AB99-157
Tom Knuckey, Senior Engineer, stated that during the project closeout, the Contractor (TEK
Construction) presented the City with a claim consisting of 28 individual items totaling $161,341.72,
(including sales tax). Staff has negotiated this settlement which compensates the Contractor for six
items totaling $42,414,40 (including sales tax). The Change Order additionally adjusts the contract
amount to correct a clerical error regarding sales tax, and also includes an increase due to a sales tax
increase, which took affect on April 1, 1999, The total value of the Change Order is $42,386.63,
(including sales tax). Mr. Knuckey provided further detail on the associated costs.
There were no comments or questions by the public.
TAPES #1639 & #1640
City Council Reg. Mtg. Minutes
August 11, 1999
Page 6 of 8
Mr. Farr expressed concern over the cost of the piping and possible manipulation of the bidding.
Mr. Overson complimented the Engineering Department for reducing costs.
Mr. McConnell asked what was the impact of not completing the Reservoir 4 Cover Project until the
year 2000. Mr. Knuckey responded that there would be no financial impact in the delay of that
project.
Mr. Olsen asked if the contractor was responsible for any of the errors. Mr. Knuckey stated that the
contractor was not responsible for the errors, and that there was no increase in the actual project
costs. Rand,/Witt, City Engineer, explained that the piping was not designed "wrong", it was just not
designed as well as it could have been. He believes the price fair.
#0744 M/S/C/U (Montgomery/Overson) Motion to approve a final Change Order for $42,386.63
(including sales tax) for the Corrosion Control Facility Project, and authorize the Mayor to execute the
same.
Vote on motion: In favor: Overson, Law, McConnell, Olsen, Montgomery, Arends
Opposed: Farr
Motion carried.
The following items were heard out of order from the original Agenda...
12B - PUBLIC HEARING AND RESOLUTION NO. 2721, RECOVERY OF FEES FOR GARBAGE
ABATEMENT AT 1216 PARK AVENUE, #AB99-164
Janet Lunceford, Building Development Specialist II, reported that on March 30, 1999, an Order to
Remove Refuse within 72 Hours was posted on the property located at 1216 Park Avenue, due to the
placement of furniture, garbage, and debris in the yard of the site. The order was mailed to the
owner, Helen Higgin by both regular and certified mail; Helen Higgin signed for the certified mail copy
on April 8, 1999. Mrs. Higgin took no action, and Public Works was scheduled to remove the debris
when a fire occurred. Household belongings were thrown out of the house into the yard during the
fire fighting efforts. On June 16, 1999, another Order to Remove Refuse within 72 Hours was posted
on the Property, detailing the additional items which were now in the yard. A copy was hand-
delivered and explained to Helen Higgen at her home, and another copy mailed by certified mail.
Helen Higgin received the certified mail copy on June 17, 1999. On June 29,1999, the debris was
removed by Public Works, The fees charged by Public Works amounted to $1,153.07, and are
detailed on the attached interfund transfer. With the addition of the administrative fees for garbage
abatements, the total amount for which lien approval is $1,737.07,
Steve Fagan was here to speak for Mrs. Helen Higgin, and began by stating they did not receive the
itemized list by the City, and felt the amount charged for two hours work was excessive. He did not
contest that the property was unsightly, however, he did not believe that it was the fault of Mrs.
Higgin, and that most of time, she was taken advantage of.
H. Emily Moshay contested the statements made by Mrs. Higgin, and provided pictures to show that
this property has been consistently unsightly for approximately 9 years. Larry Dickerson concurred
with these statements about the unsightly property.
TAPES #1639 & #1640
City Council Reg. Mtg. Minutes
August 11, 1999
Page 7 of 8
A letter from Steven J. Gardner was read into the record, stating that if the property owner was held
accountable, it may prevent similar circumstances in the future.
Mrs. Higgin provided a history of past tenants of her rental homes, but also stated that some of the
circumstances were not as bad as complainants had expressed, and added that she has made
efforts to clean up the property.
#1470 M/S/C/U (Montgomery/McConnell) Motion to pass Resolution No. 2721, and order that the
fees incurred for the abatement of garbage and debris located at 1216 Park Avenue be collected as
reasonable abatement costs and become a lien against the property.
12A - PUBLIC HEARING AND RESOLUTION NO. 2720, RECOVERY OF FEES FOR REMOVAL
OF VEGETATION AT THE LISTED ADDRESSES, #AB99-163
Janet Lunceford, Building Development Specialist II, reported that Ordinance #4584 declares that it
is unlawful and a nuisance to allow, continue, or maintain grass and weeds exceeding twelve (12)
inches in height, shrubs, brush, vines or trees which constitute a fire hazard or provide a harborage
for rats, rodents or horticultural pests, or noxious and poisonous plants. The listed properties are
currently in violation of the ordinance and pursuant to Section 9.14 of the Bremerton Municipal Code,
Council is asked to approve the removal of the nuisance vegetation on the property and collection of
the costs incurred by personal judgement against the owner and a lien against the property. Ms.
Lunceford clarified several properties were removed from this abatement list, while pictures were
shown of properties still applicable.
There were no comments or questions by the public.
#1750 M/S/C/U (Farr/Montgomery) Motion to pass Resolution No. 2720, and order that the nuisance
vegetation on the properties identified by the attached listing be removed by the City with fees
incurred collected as reasonable abatement costs, which shall become a personal judgement against
the owner and a lien against the property.
10A - ORDINANCE (FIRST READING) REPEALING B.M.C. CHAPTER 2.80, "RULE-MAKING
PROCEDURES" IN ITS ENTIRETY, #AB99-158
Glenna Malanca City Attorney, stated this was an Ordinance repealing the Rulemakinq Procedures.
This ordinance would be repealed due to the lack of need for procedures for rulemaking. This is a
housekeeping measure to eliminate an outdated ordinance, which jeopardizes current practices.
Chapter 2.80 would be repealed in its entirety.
There were no comments or questions by the public.
Mr. McConnell asked if this "jeopardizes current practices" why was this not presented as an
"emergency" ordinance? Ms. Malanca stated that was an excellent observation, however, she
preferred to save the "emergency" process for true emergencies.
#1880 M/S/C/U (Montgomery/OIsen) Motion to approve Ordinance on first reading.
TAPES #1639 & #1640
City Council Reg. Mtg. Minutes
August 11, 1999
Page 8 of 8
10B - ORDINANCE (FIRST READING) AND SUMMARY RELATING TO VACATION OF PUBLIC
RIGHTS-OF-WAY (B.M.C. CHAPTER 11.20); AND AMENDING B.M.C. CHAPTER 21.02.850,
#AB99-159
Randy Witt, City Engineer, reported that City staff has prepared a new ordinance on the vacation of
public rights-of-way. This ordinance streamlines and simplifies the vacation procedure, and brings it
in conformity with State Law. The new ordinance repeals the existing BMC Chapter 11.20, Street and
Alley Vacation Procedure, in its entirety replacing it with a new Chapter 11.20, Vacation of Public
Right-of-Way, and removes rights-of-way vacations from the Type Ill City Council Decisions in BMC
21.02.850. A Summary Ordinance for publication has been prepared. Staff recommends passage of
the ordinance.
There were no comments or questions by the public.
#2280 M/S/C/U (Montgomery/Olsen) Motion to approve Ordinance on first reading.
10C - ORDINANCE (FIRST READING) SETTING FEES FOR VACATION OF PUBLIC RIGHTS-OF-
WAY, #AB99-160
Randy Witt, City Engineer, reported that City staff presented to the City Council a new ordinance on
the vacation of public rights-of-way. This companion ordinance establishes a fee structure for
processing the applications for vacation under the new ordinance. It sets an application fee of
$517.00, which is the existing fee. it allows for automatic annual adjustments based upon the Seattle
Area Consumer Price Index. Staff recommends passage of the ordinance.
There were no comments or questions by the public,
Mr. McConnell referred to Section 1, paragraph 2, and stated that each increase should be
individually approved, rather than placing an "automatic fee increase". Mr. Witt explained the City
wanted to remain consistent with other City departments.
#2485 M/S/C/U (Montgomery/Olsen) Motion to approve Ordinance on first reading.
Vote on motion: In favor: Olsen, Law, Overson, Montgomery, Farr, Arends
Opposed: McConnell
Motion carried.
With no further business meeting adjourned at 8:45 P.M.
CAROL ARENDS, Council Vice-President
City of Bremerton
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