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HomeMy WebLinkAbout12/08/99 TAPES #4668 #4669 CITY COUNCIL MEETING MINUTES December 8, 1999 The weekly 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, December 8, 1999, at 5:30 P.M., with Council President Mike Shepherd presiding. Council members present were Jim Reed, Carlos Montgomery, Carel Arends, David Farr, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Also in attendance were City Attorney Glenna Malanca, Deputy City Clerk Paula Johnston, and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council President Shepherd, followed by the invocation, given by Reverend Scott Huff of St. Luke's United Methodist Church. Council President Shepherd made the following announcements: (1) City Council held a Pre-Council Session in the Council Conference Room, prior to the meeting tonight, to discuss general Council business; followed by two 10-minute Executive Sessions to discuss "Real Estate Acquisition" per Chapter 42.30.410(1 )(b) and "Litigation" per Chapter 42.30.410(1 )(i). CONSENT AGENDA A. Minutes of Meeting - November 17, 1999 #AB99-255 #0020 M/S/C/U (McConnel]/Montgomery) Motion to approve 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. #0040 M/S/C/U (Montgomery/Arends) On December 8, 1999, the Council does approve for payment those vouchers included and further described as follows: 236845 through 236978 in the amount of $312,553.i8; and Regular Payroll for the period ending November 30, 1999 in the amount of $902,526.59. COUNCIL MEMBER REPORTS David Farr reported he was happy to be back after spending three weeks in Portugal. Carol Arends welcomed David back, and also reported it was still raining outside! Mr. Reed arrived to the meeting at approximately 5:40 P.M. INFORMATION ITEM Warren E. Olson, Executive Director of the Economic Development Council (EDC) of Kitsap County, along with Sylvia Klatman, Director of Business Retention & Expansion with the EDC presented "An Economic Development Update for Kitsap County". Lon Overson arrived to the meeting at approximately 6:00 P.M. LEGISLATIVE REPORT - There was no report this evening. MAYOR'S REPORT Mayor Horton read a list of the numerous businesses participating in the window-decorating contest for holiday displays. TAPES #1668 & #1669 City Council Reg. Mtg. Minutes December 8, 1999 Page 2 of 7 PUBLIC RECOGNITION Miki Turowski announced the Grand Opening on Friday and Saturday, December 10 & 11, of her new business "The Embossible Dream", specializing in unique rubber art stamps 511 4th Street. Susan Brown looked forward to discussions on updating the "City Council Rules & Procedures". Don Larson, President of Kitsap Diving Association, encouraged the pursuit of an underwater park. Gordy Byrd announced that it has been 10 years since he first started the "Birds Nest" fund. Roy Mclnnis stated he was leaving the area for the holidays, and therefore would not be attending another Council meeting this year. He offered a suggestion to citizens that instead of coming to Council meetings with complaints, they help come up with more solutions to move this City forward. Karen Hoover suggested that Council refer to the abundance of information on the web to learn of the mistakes of other cities regarding environmental damage, so as not to repeat them. 10A - REAPPOINTMENT OF SHAWLEE LEE TO THE BREMERTON HOUSING AUTHORITY BOARD OF COMMISSIONERS, #AB99-256 Mayor Horton recommended that Ms. Shawlee Lee be re-appointed to the Bremerton Housing Authority Board of Commissioners for a full term of five years. Roy Mclnnis encouraged the Council to approve this re-appointment. Shawlee Lee stated that she has appreciated this appointment, and looks forward to the new year. #1755 M/S/C/U (Farr/Arends) Motion to confirm the re-appointment of Shawlee Lee to the Bremerton Housing Authority Board of Commissioners. 10B - CONTRACT WITH WESTSTAR ESCROW, INC. FOR BLOCK GRANT LOAN SERVICING, #AB99-257 Rich Hanna, City Treasurer, stated the City is currently collecting over 200 Community Development Block Grant Housing Rehabilitation Loans, The size of the portfolio has made it increasingly difficult to service these loans in-house. Westar provides this service to many banks and other entities. Contracting with Westar will improve customer service to our customers, improve efficiency, and free up staff time in both Community Development and the Treasurer's Office to work on other priorities. The cost of the contract is based on the number of loans serviced, which will be approximately $4,000 for the initial loan set-up, and $1,000 per month for servicing (rounded). There were no questions or comments from the public. Mr. Law questioned if the City has been paying itself during this time, as the funds for the administration has been paid by the HUD operation. Mr. Hanna responded the City's Department of Community Development employees who work directly in the Block Grant Program have been paid, but not the staff from the Treasurer's office. #1970 M/S/C (Montgomery/Law) Motion to approve the contract with Westar Escrow, Inc. Vote on Motion: In Favor: Farr, Arends, Montgomery, Reed, Olsen, McConnell, Law, Shepherd Abstain: Overson Motion carried. TAPES #1668 & #1669 City Council Reg. Mtg. Minutes December 8, 1999 Page 3 of 7 11A - ORDINANCE (FIRST READING) CREATING CHAPTER 2.18 OF THE BRFMERTON MUNICIPAL CODE TITLED "AUDIT COMMITTEE AND INTERNAL AUDITOR". #AB99-258 Michael Stephenson, Internal Auditor, summarized that the ordinance would create a new Chapter 2.18 Audit Committee and internal Auditor as created in the City of Bremerton Charter, Section 18, and would provide procedures, duties, and operations of the Audit Committee and Internal Auditor. There were no questions or comments from the public. #2170 M/S/C/U (Montgomery/McConnetl) Motion to approve on first reading the formalizing of the Audit Committee and Internal Auditor by Ordinance, with the addition of the wording "if a tie vote occurs" to the first sentence of Section 2.18.040 "VOTING & CONFLICT OF INTEREST". 11B - ORDINANCE (FIRST READING) UPDATING THE CITY'S PURCHASING POLICY. #AB99- 259 Michael Stephenson, Internal Auditor, mentioned that the City's purchasing policy has been in place since 1984. Since that time, no adjustment has been made to the dollar values at which the various procedures are required. The proposed ordinance will raise the threshold for formal bidding of general purchases from $10,000 to $20,000. It will also increase the thresholds for services as follows: letter agreement increased from $5,000 maximum to $10,000 maximum; contract with Mayor's approval increased from $10,000 maximum to $20,000 maximum; contracts exceeding $20,000 will require Council approval. There were no questions or comments from the public. Mr. Overson commented that he appreciated the work of the Internal Auditor. #2315 M/S/C/U (Montgomery/Farr) Motion to approve the ordinance on first reading, updating the City's purchasing policy. 11C - ORDINANCE (FIRST READING) ESTABLISHING A PUBLIC ACCESS TELEVISION FUND. #AB99-260 Kathleen McCluskey, Administrative Services Director, said that the City entered into an agreement with the County in 1988 to provide a county wide public access program. The County and City both commit pass through funds, remitted by the cable companies, as well as general government funds to this program. A special fund is necessary to account for the intergovernmental funds, and allow for year-end carry over of unexpended balances. There were no questions or comments from the public. Cecil McConnell asked if this fund would be given a number. Ms. McCluskey responded yes. #2405 M/S/C/U (McConnell/Montgomery) Motion to approve ordinance, creating a Public Access Television Fund on first reading. 11D - ORDINANCE (FIRST READING) ESTABLISHING A PROGRAM FOR ELIMINATION OF STORMWATER INFLOW TO THE WASTEWATER SYSTEM: AND AMENDING CHAPTERS 15.01, 15.04, 15.06, 11.02 OF THE BREMERTON MUNICIPAL CODE (BMC). #AB99-261 Gene Sampley, Public Works & Utilities Director, stated this item was presented during a Monthly Study Session held by the Council last week, and reiterated that this ordinance develops a program TAPES #1668 & #1669 City Council Reg. Mtg. Minutes December 8, 1999 Page 4 of 7 to eliminate stormwater inflow to the wastewater system. The ordinance adds a new section to existing BMC 15.01.020, "DEFINITIONS", adding a definition for inappropriate stormwater inflow; adds a new section, BMC 15.04.130,"ELIMINATION OF STORMWATER INFLOW TO THE WASTEWATER SYSTEM"; modifies BMC Chapter 11.20 "VACATION OF PUBLIC RIGHTS-OF- WAY" to allow a reduced Right-of-Way Permit fee for homeowners doing stormwater disconnection work in the curb and sidewalk areas of a street; and adds a new section to Chapter 15.06.050 "RATES, STORMWATER", establishing a fee for property owners who have an inappropriate stormwater discharge to the wastewater system. Additional detailed information on this program was provided as well as a summary the rates to be set by the ordinance to follow. Elizabeth Buell asked how this program would be monitored. It was also asked if the Wastewater Treatment Plant was designed to handle the capacity of flow being discussed. Mr. Sampley stated that a system of "smoke injecting" and use of dye at point of distribution would be used to monitor inflow. He clarified the wet water capacity of the plant is 4.5 to 5 million gallons, but precipitation has exceeded 40 million gallons during bad storms. He explained that the design of the wastewater treatment plant was based on the anticipated sanitary flow, along with a percentage of stormwater contribution. TAPE #1669 Mr. Law announced this program would be the topic of his next District #3 meeting on January 18, 2000. He asked why the work must be completed by the stated date of January 1, 2005, and what was the reason for the completion by this date. Ms. Malanca responded that the City Charter requires that all legislative action of Council be done by ordinance. The year 2005 for completion is necessary due to the effective date of the Federal requirements applicable to Bremerton on this issue. Mr. Farr asked for detailed information on what they are expecting from homeowners. Mr. Sampley stated they would begin with roof leaders and driveway drains to reduce flow to the sanitary system. Mr. McConnell asked why additional fees would be assessed if ratepayers are already paying $4.00 per month for "stormwater fees", and why is the City going to charge permit fees for work the City is requesting. Mr. Sampley clarified that these additional costs would be for a sanitary system, and that the $4.00 per month currently being charged is for management of the stormwater in a stormwater system. Mr. Montgomery stated that the City would work with the residents to assist them during the implementation of this program. He has observed that few of the homes involved will require any significant excavation. Mr. Sampley stated yes, the City will be working with the residents, and grants would also be available to property owners who may require assistance. He then encouraged the Council to approve funding for this program, and committed to the Council that this program is not intended to cause problems. #0700 M/S/C/U (Montgomery/Overson) Motion to approve the attached Ordinance, related to establishing a program for elimination of stormwater inflow to the wastewater system, upon first reading. TAPES #1668 & #1669 City Council Reg. Mtg. Minutes December 8, 1999 Page 5 of 7 Vote on Motion: In Favor: Reed, Olsen, Law, Overson, Arends, Montgomery, Shepherd Opposed: McConnell, Farr Motion carried. 11E - ORDINANCE (FIRST READING) SETTING FEES FOR STORMWATER INFLOW TO THE WASTEWATER SYSTEM. #AB99-262 Gene Sampley, Public Works & Utilities Director, presented an ordinance that would establish a fee structure for those properties that have an inappropriate stormwater connection to the wastewater system. The fees would provide funds for the Residential Disconnection Assistance Program and the cost associated with conveyance, storage, and treatment of stormwater inflow as part of the wastewater system. The fee is a flat rate based upon impervious surface units (ISU's) for a property as identified in the stormwater fee. It is a progressive rate, starting with 25% of the then current stormwater ISU fee ($1.00 per month, per household at the 1999 rate) on January 1, 2002, increasing to 100% of the then current stormwater ISU fee ($4.00 per month, per household at the 199 rate) in 2005. The fee will be applied only to those properties that have inappropriate stormwater inflow to the wastewater system. This fee will not be applied citywide. There were no comments made by the public. #0730 M/S/C (Montgomery/Olsen) Motion to approve the attached Ordinance, setting fees for stormwater inflows to the wastewater system upon first reading. Vote on Motion: In Favor: Reed, Olsen, Law, Overson, Arends, Montgomery, Shepherd Opposed: McConnell, Farr Motion carried. 11F - ORDINANCE (FIRST READING) AMENDING THE FY 2000 BUDGET. #AB99-263 Rich Hanna, City Treasurer, noted that with the passage of Initiative 695, along with other events, requires a mid-biennium adjustment so that the FY 2000 budget will accurately reflect the financial operating plans of the City. Mayor Horton requested a Citywide review of positions to determine what purpose each position serves and in what capacity each position serves whether to employees or public in order to adjust the budget. She is asking that Council approve what is being presented tonight, with a proviso to bring back Animal Control as a separate item, and to share with Council where she believes further cuts could be made. She clarified that the cuts being proposed to Fire and Police are positions that are not currently filled. The following citizens offered support for the Bremerton Animal Control Department, and encouraged the City to not cut the Department and contract out those services: Karla Smith, (representing the Kitsap Animal Response Team, presented a handout on "Facts & Pet Ownership"); Tina Roski; Chris Nordleaf; of Peninsula Dog Fanciers; Sandra Kay Fletcher, (representing the Fletcher Glen Raptor Center for wildlife rehabilitation, presented copies of newspaper articles showing the work of the Bremerton Animal Control Department, as well as a handout on "Why bother with Animals"); Melody Pugh, of Pet-Detectives.com, which offers assistance in finding lost pets; Karen Hoover; and Linda Colgan of P.A.W.S. Mr. Overson stated that the Animal Control department was a primary concern for the citizens, and should be addressed. He recommended that the Council pass the FY 2000 Budget as proposed, with Animal Control included and staffed at an appropriate level. He complimented Mr. Hanna and his staff. TAPES #1668 & #1669 City Council Reg. Mtg. Minutes December 8, 1999 Page 6 of 7 #2048 M/S/F (Montgomery/McConnell) Amending Motion to repeal funding of $20,000 for BKAT operations to facilitate funding for the Bremenon Animal Control Department. Vote on Motion: In Favor: Olsen, Montgomery, Shepherd Opposed: McConnell, Law, Overson, Farr, Arends, Reed Motion failed. #2060 M/S/C (Overson/Olsen) Main Motion to approve Ordinance amending the FY 2000 budget on first reading. Vote on Motion: In Favor: Law, Overson, Farr, Arends, Reed, Olsen, Shepherd Opposed: McConnell, Montgomery Motion carried. 12A - PUBLIC HEARING AND RESOLUTION NO. 2729. REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF A DANGEROUS BUILDING ON THE PROPERTY LOCATED AT 2306 15TM STREET. #AB99-264 Janet Lunceford, Building Specialist II, stated that on February 23, 1998, the Building Department issued a Notice and Order to Abate Unsafe Conditions on the property located at 2306 15th Street after a fire damaged the structure. The order required that repairs to the structure be completed by May 23, 1998. The owner of the property, Darrell Hatt, failed to comply with the abatement order and the property was vacated until it was demolished by City crews on October 22, 1999 at a total cost of $10,230.29, which includes an appraisal, asbestos testing and removal, and administrative fees. He asked Council to decide if the fees are just and how those fees should be collected. There were no questions or comments by the public. #2195 M/S/C/U (Montgomery/FarO Motion to pass Resolution No. 2729 and order the fees incurred for the abatement of the dangerous building located at 2306 15th Street be collected as reasonable abatement costs and become a personal judgement against the owner of the property. 12B - PUBLIC HEARING AND RESOLUTION NO. 2730, REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF GARBAGE AND DEBRIS ON THE PROPERTY LOCATED AT 2529 VELDEE AVENUE. #AB99-265 Janet Lunceford, Building Specialist II, stated that on September 287, 1999, the City issued an Order to Remove Refuse within 72 Hours for the property located at 2529 Veldee Avenue. The order required that the garbage and debris in the rear yard be removed by September 30,1999. The owner of the property, Countrywide Funding, failed to remove the garbage and debris as ordered, so it was removed by City crews on October 22, 1999. The cost of this action, including administrative fees, totaled $797.80. Council must now decide if the fees are just and reasonable and how they should be collected. There were no questions or comments by the public. #2325 M/S/C/U (Montgomery/Farr) Motion to pass Resolution No. 2730 and order that the fees incurred for the abatement of garbage and debris located at 2529 Veldee Avenue be collected as reasonable abatement costs TAPES #1668 & #1669 City Council Reg. Mtg. Minutes December 8, 1999 Page 7 of 7 With no further business meeting adjourned at 8:25 P.M. City of Bremerton P J/MS/Is C: Normal Distribution File