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HomeMy WebLinkAbout12/18/96TAPE #1429 , UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES COUNCIL APPROVED .JAN 8 1997 DECEMBER 18, 1996 #0013 #0033 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, December 18, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees, David Farr, Richard Neville, Lon Overson, Cecil McConnell, and A1 Colvin. Also present City Attorney Ian Sievers and Acting City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Reverend Scott Shaw of the Bremerton Church of the Nazarene. CONSENT AGENDA A. Minutes of Meeting - December 4, 1996 #AB96-286 M/S/C/U(Farr/Montgomery) 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. M/S/C/U(Colvin/Montgomery) on December 18, 1996, the Council does approve for payment those vouchers included and further described as follows: 204297 through 104531 in the amount of $322,089.82 COUNCIL MEMBER REPORTS Mr. Colvin noted the recent passing of a long standing friend, Floyd Williams, and extended his sympathy to the Williams family. He congratulated Mr. and Mrs. James Walker on their being named by the Martin Luther King Scholarship Fund as "Citizens Of The Century". Mr. McConne11 reported he attended the December 17th Open House meeting on the replacement of the Manette Bridge, which was hosted by the State Department of Transportation and Council Districts #1, 2 and 3. He was pleased to report over 70 people attended that meeting. Mr. Winters wished everyone a very Merry Christmas and Happy Holiday Season. One of his constituents pointed out a recent newspaper article about some of the more unique looking Christmas lighting arrangements, particular on Mapleview Drive. He and his TAPE #1429 City Council Reg. Mtg. Minutes December 18, 1996 Page 2 of 12 son enjoyed driving around the City and seeing the many lighting displays. Again, he encouraged everyone to support local fund raising efforts. Mr. Law echoed Mr. McConnell's comments regarding the Open House meeting and the input given at that meeting was appreciated. He thanked Councilman Neville for filling in as presiding President at the December llth City Council meeting in his absence. MAYOR'S REPORT Mayor Lynn Horton announced starting on December 17 and continuing to December 20, the City is hosting a Reader's Digest reporter, whose mission is to interview people within the Bremerton community. It appears a national survey named Bremerton as one of the top cities in the United States to raise a family. A follow up article will appear in a summer edition of Reader's Digest. She noted many people are experiencing the flu and cold viruses and cautioned everyone to take it seriously and to give themselves time to recover fully before taking up work or other activities. PUBLIC RECOGNITION Kal Leichtman, Bremerton resident, thanked the City Council for providing him with a report based on a request he made at a previous Council meeting; however he could not accept the information provided. The reason he rejected the information was that the information he requested was on liability due to parking strips and the report he received seems to lump in sidewalk and planting strip defects. In his opinion, the report he received just "muddied the waters"...trees and vegetation cause damage to sidewalks and what he wants to know is what damage do automobiles or other vehicles cause to parking strips. Therefore, he asked that he be provided liability information relating strictly to parking strips. Larry Dickerson, Bremerton resident, commended the Bremerton Police Department for their actions in handling problems with drug dealing, prostitution, etc.. He also commended the City Attorney's Office and the Fire Department for their assistance with a problem regarding smoking in public meetings. On a negative note, he did not appreciate the cold/icy way he was treated by a staff person in the City Attorney's office today and was told if he called again, he should call the Fire Department, not their office. Because he believed he was within his rights, he was not intimidated by such a response and it only invoked his competitive spirit. His expectation is that City employees will treat the public in a friendly manner. Patricia Mathis complimented the City on the newly paved portion of Veneta Avenue and the fact the beautiful trees have been saved. TAPE #1429 City Council Reg. Mtg. Minutes December 18, 1996 Page 3 of 12 Gordy Byrd commented on the Christmas decorations and lighting displays throughout the City and wished everyone a Merry Christmas and Happy New Year. John Thomas, Bremerton resident, thanked Council for the response he received to his previous questions having to do with handicap parking spaces. The information provided to him included the fact that between February through November of this year 57 parking tickets were issued for illegal parking in handicap parking spaces on public thoroughfares, which should have netted the City approximately $9,975.00, if they were charged at the full $175.00 penalty. He was pleased to report the City would be painting the $175.00 penalty on handicap parking signs. He wished the owners and managers of private parking lots would request the City patrol their parking areas in order to identify illegal use of handicap parking spaces. If his wife, who is handicapped, cannot find a handicap parking space at Bremerton businesses, she will shop in Silverdale. Charlie Brown, Bremerton resident, stated in response to earlier comments at this meeting and at previous Council meetings about how people are treated by City employees, he feels City employees need to take a sensitivity class in dealing with the public. 7A - 1997 AMBULANCE RATES -- APPROVAL FOR 911 BLS AID CALLS, #AB96- 287 Pursuant to the ambulance regulatory ordinance, ambulance rates charged for 911 BLS aid calls must be approved by Council. Both local companies, Olympic, and Bremerton have submitted requests for rate increases for 911 BLS calls, to be effective January 1, 1997. Clerk staff has surveyed regional ambulance companies for comparable rates. All surveyed companies have raised their rates since 1995 for BLS, ALS, and the array of products and services they provide. Paul Johnston, Tax and License Inspector, stated her staff was involved in the rate comparison between Shannon Ambulance out of Lynnwood and American Medtrans operating in the Tacoma and Seattle areas. Representatives from Bremerton Ambulance and Olympic Ambulance are available to explain their proposals. Fire Chief Mick McKinley stated they have analyzed the proposed rates, which have increased, but are in line with other regional carriers. What is being seen in the industry is various carriers being bought up by larger companies and the rates becoming more uniform across the State and nation. He noted the rates proposed for the Bremerton area are lower than other carriers in neighboring communities. TAPE #1429 City Council Reg. Mtg. Minutes December 18, 1996 Page 4 of 12 Larry Dickerson, Bremerton resident, stated having been the recipient on numerous occasions of the Bremerton Fire Department transporting him to Harrison Hospital, he views the proposed rates as reasonable. Mr. Farr referenced a letter from Olympic Ambulance to the City where they discussed a change in billing policy that lumps the incidental charges and combines them into the basic rate. He noted the discounted BLS rate in 1996 was $205.00 and the proposed rate for 1997 is $255.00, which he views as a significant increase. The explanation given for the billing policy change at the Fiscal and Budget Committee meeting was that it would allow the ambulance company to align themselves with industry billing practices. Sharon Tucker, Olympic Ambulance, stated over the past year Medicare has given them incentives and encouraged companies to go to all inclusive billing. Most of the patients Olympic Ambulance transport are on the Medicare Program and the Medicare billing forms make it much easier to bill the all inclusive rate. Most patients being transported by the Bremerton Fire Department would use oxygen, but the all inclusive rate would not include: sit up, second patient, second attend attendant. A cost comparison was prepared showing the cost if line items were billed separately, which resulted in a considerable lower rate than any other ambulance company within the State. It is not planned that their company become part of the larger consortiums. She noted some patients would not use all of the items/equipment listed, but on the average it does work out to their benefit. Also, additional time and expense is required by their company, if some of the employees in the Medicare and Medicaid Billing Offices are not medically trained and deny charges that should not be denied. Mr. Farr asked what the basic rate would be if the auxiliary items were not included into that rate? Ms. Tucker stated $292.00, if the patient used oxygen. If a patient used the cannula/mask, a C-collar, which is most commonly used when there is a NBA and backboard or spinal immobilization, the rate would be $292.00. Mr. Farr questioned wouldn't people needing those types of items require ALS support services verses BLS? He pointed out Ms. Tucker did not actually answer his question. He noted the 1996 basic rate was $205.00 and the proposed rate is $255.00. Ms. Tucker stated her company was requested to provide a second rate proposal, which she believed was delivered to the City on December 17. If Olympic Ambulance went with a straight percentage increase, it would amount to $215.25. Mr. Colvin noted when he had need of ambulance services he was charged for oxygen, which he did not use. When he inquired about the charge for the oxygen, he was told he was paying for the availability of the oxygen, if needed. Ms. Tucker stated that was not standard and should not have happened. TAPE #1429 City Council Reg. Mtg. Minutes December 18, 1996 Page 5 of 12 Mr. Montgomer~ stated he did not support the requested rate increase; however he could support a cost of living (COLA) increase. Mr. McConnell asked why examples of other comparisons that bill in the same manner were not provided? The two comparison companies itemized all of the items? Ms. Johnston stated she had a difficult time finding other companies because of the bigger companies buying up smaller ambulance businesses. The two comparison areas were chosen due to their comparable environments. She did not try to locate one that had the supply rate built into the base rate. Ms. Tucker pointed out even with their all inclusive rate it is less than what the other two companies charge for their base rate plus additional charges. Ms. Johnston stated her office did not receive a copy of the second proposal identified by Ms. Tucker. Ms. Tucker provided Council with a copy of her second proposal. President Law noted the addresses for Bremerton Ambulance and Olympic Ambulance are at the same location - 2515 Cherry Place. He asked if the two companies are owned separately? Ms. Tucker stated yes. Mr. Overson stated this whole process has been a sore point with several Council members for some time because the ordinance requires Council's approval, but does not get the opportunity to do a cost benefit analysis and determine what is really an appropriate rate. He can find no basis for the increase except the ambulance companies think they deserve an increase. Possibly the ordinance needs to be revisited to add some requirements for reviewing such documentation. He questioned the basis behind the City adopting an ordinance regulating ambulance rates? Ian Sievers, City attorney, stated the City has the power to regulate ambulances and must show a need before taking over ALS service, which was done two years ago. Mr. Overson noted most of the rates are essentially going up at the COLA rates except for the two-patient charge, which leaped forward and he suspected was somewhat tied with the increase .of discounted and undiscounted rates to take over all the ancillary products. Ms. Tucker pointed out the Medical COLA is about 4%. Mr. Neville referenced Ms. Tucker's second proposal and noted it looked like the top line was reduced but added in more equipment needed, such as gloves and masks. Ms. Tucker stated the second proposal increased 5% straight across the board. Mr. Neville asked if the charges for dressings, gloves, cervical collars, etc., are actual costs that are charged to the ambulance company and proposed to be increased by 5%? Ms. Tucker stated obviously anyone in business does not sell things at their costs, there is a built in cost to cover operating expenses. Mr. Neville noted the #1246 TAPE #1429 City Council Reg. Mtg. Minutes December 18, 1996 Page 6 of 12 documentation states the proposed rate will help Kitsap County Emergency Service Council. He asked how many agencies are part of that organization? Ms. Tucker stated all of the Fire agencies, Harrison Hospital, Bainbridge Ambulance, and Olympic Ambulance. Efforts are underway to get several Federal departments involved as well. Mr. Colvin asked, based on the expense ratio to the amount received, what percent increase is this proposal? Ms. Tucker stated she did not know. Mr. Farr stated he personally liked the billing that one paid for what was used, which has been in affect for quite some time. He was uncomfortable with the second proposal provided by Olympic Ambulance because City staff had not reviewed it in order to provide a recommendation to Council. He suggested delaying Council's decision for one week while staff had an opportunity to review the backup rate proposal. M/S/C(Farr/McConnell) to table this item for one week. Vote on motion: Motion carried. In Favor: McConnell, Colvin, Winters, Huff-Menees, Farr, Neville, Overson, Law Opposed: Montgomery Mr. Farr requested Chief McKinley provide a recommendation from the Fire Department on the second proposal from Olympic Ambulance. 7B - WARREN AVENUE BASIN CSO REDUCTION PROJECT -- CHANGE ORDER #5 WITH PAPE & 8ON8 CONSTRUCTION, INC., #AB96-288 Change Order #5 consists of two items totaling $14,566.66. Item 1, in the amount of $12,566.66 was negotiated for additional work related to installation of the 48-inch stormwater outfall. The total amount originally claimed by the contractor after the work was complete was $29,671.48. Item 2, in the amount of $2,000.00~is for extra paving to properly restore 6th Street between Chester and Broadway Avenues at the request of the City. The cost of Item 2 will be reimbursed to the project through an inter-fund transfer from the Street Department. The construction cost with a 15% construction contingency was used to establish a construction budget of $3,739,377.00 at contract award. The total contract amount, including Change Order #5 is $3,602,566.66, and is within the construction amount established for this project. Change orders to date for this project exceed the Mayor's change order authority. Therefore, the action before the City Council is approval of Change Order #5. TAPE #1429 City Council Reg. Mtg. Minutes December 18, 1996 Page 7 of 12 Tim Richard, Senior Engineer, stated Change Order #5 consists of two components: (1) $12,566.66 for extra work claimed by the contractor relating to the installation of the 48" outfall at Smith Cove. The claims consisted of two components: (1) additional work due to what the contractor claimed was change of conditions during excavation and dredging of the outfall underneath a telephone cable, which amounted to approximately $13,000 of the $29,671.28 of the claim. The City believes that work was included in the contract and could have been expected by the contractor, which staff recommends be denied. The remaining approximate $16,000 was cost related to delays from the Department Of Natural Resources Lease acquisition. The contractor had mobilized their equipment and had begun construction of the outfall when it was learned the City would not receive DNR lease before the Department of Fish and Wildlife's fishery window with stoppage of work in the water effective March 15. As a result, the contractor had to demobilize his equipment and then re-mobilize after the fisheries window, as well as doing some resurvey work and cleaning out the end of the pipe that had been installed. The total amount of that work was approximately $16,000. Staff recommends that $12,566.00 be paid and that approximately $5,000 was related to cleaning out the end of the pipe, which the contractor should have notified the City prior to their doing that work since the City could have performed the work at a cost of $1,500.00; therefore they recommending denying paying the remaining $3,500.00. (2) The second item of the change order is $2,000 for extra paving to properly restore 6th Street where they matched the lane line and resulted in a rough ride. The contractor felt he could not restore the surface properly without paving both lanes and offered to do that at the cost of materials plus the cost of grinding and all traffic control as well as paying for the costs associated with repairing the original patch. That proposal was discussed with Bob Tulp, Public Works Operations Manager, who concurred with the proposed work, which was completed by the contractor. Public comment - none. Mr. Overson complimented those who worked on management of the project to keep the costs within budget. He asked if this was the last change order on the project? Mr. Richard stated yes, and a lot of credit should go to Bob Earl, Construction Manager on the project. Mr. Montgomery asked if in Mr. Richard's professional opinion could the contractor achieved a smooth ride if only the outside lane had been paved? Mr. Richard stated no. Mr. Meville asked if there was anything left to complete on this project? Mr. Richard stated the final act is approval of this #1599 TAPE #1429 City Council Reg. Mtg. Minutes December 18, 1996 Page 8 of 12 Change Order. M/S/C/(Colvin/Huff-Menees) to approve Change Order #5 to the Warren Avenue Basin CSO Reduction Project Contract and authorize the Mayor to execute the same, subject to City Administrative Policies and Procedures. Vote on motion: Motion carried. In Favor: Montgomery, Huff-Menees, Farr, Law, Neville, Overson, McConnell, Colvin Opposed: Winters 8A - RESOLUTION #2575 IN SUPPORT OF THE MISSOURI ON THE MAINLAND COMMITTEE (MUM) EFFORTS TO RETAIN THE US8 MISSOURI IN THE CONTINENTAL UNITED STATES, #AB96-289 The Bremerton City Council recognizes the historical significance of the USS Missouri to the American public, and supports the local effort to locate the ship within the continental United States. Mr. Montgomery stated the Council disagreed with the Secretary Of The Navy's recommendation to relocate the USS Missouri to Hawaii rather than keep it in the continental United States. Another disappointment was the fact there was a change in the application process without proper notification to all of the applicants. Our purpose is to get postcards sent to every member of Congress asking them to reconsider keeping the USS Missouri on the mainland. Veterans Organization throughout the country are supporting this effort as well. Charlie Brown, Bremerton resident, stated his support of MUM and their effort to keep the USS Missouri on the mainland. He believes if the Missouri is moved to Hawaii it will open the access to the Japanese thereby increasing visitors to Hawaii. John Thomas, Bremerton resident, agrees with this proposal. Some of the alternatives named in article in The Sun leave lots of questions, i.e. who is paying to move the USS Missouri from Bremerton to Hawaii, someone will be paying to move the USS New Jersey from Bremerton to New Jersey and then the alternative for Bremerton is to pay for moving a ship from Philadelphia to Bremerton? He supports keeping the Missouri on the mainland, preferably on the west coast. Mr. Winters acknowledged Mr. Montgomery's efforts in maximizing his heartfelt desire to make sure the USS Missouri stays on the mainland. He agreed with Mr. Brown that there are 250 million Americans and if one tenth of them sent in a postcard in support of this proposal he believed there would be a change. #1884 #2091 TAPE #1429 City Council Reg. Mtg. Minutes December 18, 1996 Page 9 of 12 Mr. Montgomery pointed out it is estimated that over 80% of the American people living in the continental United States would never be able to visit the USS Missouri in Hawaii. However, by locating the ship in Hawaii the tourism of foreign visitors coming into Hawaii is not that significant; although they do have 100+% increase in Asians visiting Hawaii for vacations. Mr. Colvin commended Mr. Montgomery on his efforts and asked what effort is being made to alert other City Councils throughout the United States to in this effort to keep the USS Missouri stateside? Mr. Montgomery stated there is a group of people contacting their relatives in various states requesting their participation in this effort. M/S/C/U(Montgomery/Winters) to adopt Resolution #2575, in support of the Missouri on the Mainland (MOM) Committee's efforts to keep the USS Missouri within the continental United States. 10A - PUBLIC HEARING - RESOLUTION NO. 2577, REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF THE PROPERTY AT 321 S. LAFAYETTE AVENUE, #AB96-291 On October 28, 1996, the City removed garbage and debris from the property located at 321 S. Lafayette Avenue, after the owner, Beneficial Mortgage, failed to do so as ordered by the Building Official. The cost charged to the revolving abatement fund for this action totaled $291.66. Council must now decide if the fees are just and reasonable and how they should be collected. Janet Lunceford, Building Department, stated on October 11, 1996, she received a call from the Health Department regarding their attempt to get the owner of the subject site to clean up the garbage. The owner let the mortgage company foreclose on the property and when the City finally got involved the mortgage company owned the site. Ms. Lunceford posted a 72-hour notice because the Health Department had already taken some action, but had no response. The mortgage company requested an extension of time, which was granted for a period of one week; however, at the end of that time there was no resolution to the garbage problem and the Street Department was called in to remove the garbage on October 28, 1996. Public comment - none. M/S/C/U(Montgomery/Huff-Menees) to adopt Resolution No. 2577, order that the fees incurred for the abatement of garbage and debris located at 321 S. Lafayette be collected as reasonable abatement costs and become a personal judgment against the owner, which if not paid within 30 days will become a lien against the property. TAPE #1429 City Council Reg. Mtg. Minutes December 18, 1996 Page 10 of 12 8B - RESOLUTION #2576, APPROVING FINAL PLAT FOR SIX LOT SINGLE- FAMILY RESIDENTIAL SUBDIVISION (PARR'S CORNER); APPLICATION: CHARLES PARR/GERRY VERGEER; LOCATION: NORTHWEST CORNER OF McCLAIN AVENUE AND SHERIDAN ROAD (628 SHERIDAN ROAD), #AB96-290 The Preliminary PLAT for Parr's Corner, a 6-lot subdivision allowing relatively large lots, was approved by the City Council on July 24, 1996, subject to conditions (see Exhibit C with statements of compliance). Improvements necessary for compliance with the preliminary plat approval (sidewalks, utilities, and stormwater) have been bonded to ensure their construction. Now, a plat map prepared by a licensed surveyor has been submitted for Council approval. If approved, the plat will be recorded with the County Auditor. Title 58 RCW Boundaries and Plats allows for bonding of plat improvements in order to obtain final plat approval. Final plats require approval by the City Council. President Law asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated after Mr. Farr disclosed that a few years ago he sold a piece of property to Mr. Vergeer, which he did not feel compromised his ability to act on this item. James Coombs, Land use Division of the Department of Community Development, identified the Plat's location in a Single Family 3 neighborhood. At the time of application, the required lot size was 4,800 sq. ft.. The preliminary Plat was approved by the City Council on July 24, 1996, and the applicant has met all conditions of the Final Plat including: completion of the bonding for sidewalks, utilities, stormwater disposal and pole mounted yard lights. Public comment - none. Mr. Montgomery asked if all of the concerns previously raised by residents on the east side of the street had been met? One area of concern had to do with lighting. Mr. Coombs stated notice was given for the Final Plat approval and no one responded. The plan proposes pole mounted yard lights on each lot consistent with the existing lighting. Mr. Overson questioned who established the conditions? Mr. Coombs stated staff from various departments of the City identified several conditions that must be met. Mr. Overson asked if the conditions had to be met before the Building Permit is issued? Mr. Coombs stated they must be completed or bonded. In this case, much of it is bonded. Mr. Overson stated this site appears to be a very vertically challenged and questioned the drop over the last four lots? Mr. Coombs stated he did not know the exact figures; #2512 #2572 #2617 TAPE #1429 City Council Reg. Mtg. Minutes December 18, 1996 Page 11 of 12 however, he did have photographs showing the entire property. Mr. Overson stated this project is a good test of the City's environmental control procedure to ensure this project does not get out of hand. Mr. Coombs pointed out an Environmental Check List was submitted as part of the application process and a determination of Non-significance was issued by Jack Allingham, Senior Planner for Environmental Services. Mr. Colvin stated he supports this proposal as presented based on the adjacent quality constructed project completed by the applicant. Mr. Neville read the conditions listed on the blue prints for the public's benefit. He also noted the large lot size for an in-city lot. M/S/C/U(Colvin/Montgomery) to adopt Resolution #2576, accepting the Final Plat of "Parr's Corner", located adjacent to and northwest of McClain Avenue and Sheridan Road, Bremerton, Kitsap County, Washington. 9A - ORDINANCE #4580 #AB96-282 Public comment - none. (SECOND READING) AMENDING THE 1996 BUDGET, M/S/C(Huff-Menees/Montgomery) to pass Ordinance No. 4580 on second reading, amending the 1996 Budget. Vote on motion: Motion carried. In Favor: Winters, Montgomery, Huff-Menees, Farr, Neville, Overson, McConnell, Colvin, Abstain: Law 9B - ORDINANCE NO. 4581 (SECOND READING) ANNEXING ANAREA KNOWNAS THE WERNER ROAD AREA AND FIXING THE EFFECTIVE DATE OF ANNEXATION, #AB96-aS3 Paula Johnston, Acting City Clerk, stated the City Attorney requested this item be tabled for one week for procedural revision. M/S/C/U(Overson/Huff-Menees) to table this item to December 23, 1996. President Law thanked the TV camera crew for their services: Rupe, Patricia Mathis and Roy Sahali. Rob TAPE #1429 City Council Reg. Mtg. Minutes December 18, 1996 Page 12 of 12 With no further business meeting adjourned at 6:55 P.M. ~" ~.~McC~City Clerk KATHLEEN ~M~ E. LAW, Council President City of Bremerton KLM/JL/me cc: Normal Distribution File/Vault