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HomeMy WebLinkAbout03/13/96TAPE #1366 UNAPPROVED DRAFT COUNCIL APPROVED MAR 27 1996 CITY COUNCIL MEETING MINUTES MARCH 13, 2996 #0049 #0069 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, March 13, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were Bob Winters, A1 Colvin, Cecil McConnell, Carlos Montgomery, Sherril Huff-Menees, David Farr, and Lon Overson. Council member Richard Neville was absent. Also present were City Attorney Ian Sievers and Rich Hanna, Acting City Clerk. The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Chaplain Ben Belcher of Harrison Memorial Hospital. President Law announced an Executive Session was held prior to this City Council meeting tonight, and the topic discussed was "Litigation". CONSENT AGENUA A. Minutes -- February 21, 1996 #AB96-049 M/S/C/U(Montgomery/McConnell) presented. to approve Consent Agenda as 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/Winters) on March 13, 1996, the Council does approve for payment those vouchers included and further described as follows: 195864, 195875 through 196013 in the amount of $240,103.16. COUNCIL MEMBER REPORTS Mr. Colvin thanked Councilman McConnell for the invitation to his District #2 neighborhood meeting. Mr. McConne11 reported he recently toured the sewer plant and was pleased to find it odor free. Mr. Montgomery announced the City is holding a special meeting in District #8 on March 26, 7:00 P.M., at the Public Works Complex, TAPE #1366 City Council Reg. Mtg. Minutes March 13, 1996 Page 2 of 11 concerning the roadway improvements on Kitsap Way between Weslon Place and Auto Center Way. He encouraged residents of this area to attend, and to call 373-1300 if anyone had additional questions. Mr. Farr reported he attended an Anderson Cove Neighborhood meeting and was pleased to see the public interest shown from the people of that area. He complimented all those working to get this neighborhood "straitened out". A few problems have become apparent because some of the properties in the area are non-owner-occupied rental units. He is seeking help from the Puget Sound Renters Association and hopes to have someone from that organization attend the next neighborhood meeting. Mr. Law announced District #3 Neighborhood meeting will be held on March 19, 7:00 P.M. at the Senior Center located at East 13th & Nipsic, with Mr. Randy McGreal, Project Executive from Fletcher Wright making a presentation on the "Downtown Development". He pointed out that thanks to the Engineering Department, Street Department and Risk Manager, there is now a curb constructed at Wheaton Way and Winfield Avenue near 13th Street for pedestrian safety. Mr. Montgomery reported he accompanied Bob Tulp, Public Works Operations Manger, on a tour of the Street Department and saw the new "pothole repair" truck in operation. He was amazed at the amount of work that can be accomplished with the new repair equipment using only two men. He urged the public to have patience while the City tries to catch up with the pothole repair workload. What the City really needs is a second pothole truck. PUBLIC RECOGNITION eordy Byrd commented on the March 12th Neighborhood Information Network meeting. He questioned why the Executive Session was held before the City Council meeting, before the public had a chance for input. President Law explained the topic of the Executive Session was unrelated to any of the Agenda items. He further clarified why other meetings may be held before Council meeting. John Thomas asked the whereabouts of the fire boat, how long it had been out of the water and when will it be back in service.? Don Larson thanked the Bremerton Police Department and Fire Department for responding promptly, and for all the help received from them after he was involved in a serious auto accident. He reminded the public about the importance of using safety/seat belts, which can reduce the chance of serious injuries. Due to this experience, he recommended the Police Department carry copies of Washington State Accident Report Forms in their Patrol vehicles, and members of the public carry a copy in their own vehicles for TAPE #1366 City Council Reg. Mtg. Minutes March 13, 1996 Page 3 of 11 future use. Mr. Montgomery pointed out Accident forms are available on the first floor in City Hall. Mr. Larson explained the State Patrol Accident form must be filled out within 24 hours, and City Hall is locked up during evening hours and on the weekend. He announced the Bremerton Parks & Recreation Department is sponsoring events for Earth Day at Evergreen Park on April 15, at 10:00 A.M. The Sinclair Inlet CleanUp is scheduled for april 20, 12:00 noon. Carol Atkinson, Bremerton Mainstreet Association announced the following events: 5th Annual St. Patrick's Day Parade, March 16, 11:00 A.M., beginning at 5th Street & Pacific Avenue; and St. Patrick's Day Dinner at the Cloverleaf Tavern on March 17, at 6:00 P.M. De1 Knauss challenged the City Council over the use of the yellow "Request To Address The City Council" forms in that it violated RCW Chapter 42.30 Open Public Meetings Act. He observed the City's Fire Boat has been sitting uncovered up on block at the Port Orchard Boat Yard for several months. He questioned why is it still sitting out in the weather? Bob Tulp, Public Works Operations Manager, reported the Fire Boat should be back in service by the next weekend. Bonnie McDade thanked the City for the improvements at Forest Ridge Park. She announced the following event: 40's theme Dance on March 15, 8:00 P.M. to 12:00 midnight, at the Eagles Hall - Admission $25.00 per couple, $12.50 for singles. Gene Hart, 2015 Trenton Avenue, thanked the Mayor and City Council for wisely protecting and investing taxpayers resources; and complimented the City on the decision to use video arraignment in the Municipal Court, which results in a more efficient operation of the Court. 7A - INTERLOCAL AGREEMENT -- TRAFFIC CONTROL SIGNALS WITH THE CITY OF PORT ORCHARD, #AB96-050 Approval of agreement between the City of Bremerton and the City of Port Orchard to maintain traffic signals located within the City of Port Orchard. Bob Tulp, Public Works Operations, noted this is an on going contract with the City of Port Orchard to service two traffic signals for a term of 3-years. Public comment - none. Mr. Winters asked the number of years the City of Bremerton has had an agreement with the City of Port Orchard to provide this service? #0925 #1047 TAPE #1366 City Council Reg. Mtg. Minutes March 13, 1996 Page 4 of 11 Mr. TulD stated 5-6 years. M/S/C/U(Montgomery/Colvin) to approve Interlocal Agreement between City of Bremerton and City of Port Orchard to maintain traffic signals. 7B - INTERLOCAL AGREEMENT -- TRAFFIC CONTROL 8IGNALS WITH KITSAP COUNTY, #AB96-051 Approval of agreement between the City of Bremerton and Kitsap County to maintain traffic signals located within Kitsap County. Bob Tulp, Public Works Operations Manager, stated this is an on going contract with Kitsap County to service 32 traffic signals. The City has provided this service for well over 12 years and the terms of this agreement is 3-years. Gordy Byrd asked how are signal lights maintained? Mr. Tulp gave a brief description of the kinds of services they provide. Elizabeth Bue11, High Avenue, questioned why some traffic signals take so long to cycle on? President Law pointed out Mrs. Buell's question was not pertinent to the issue. Mr. Tulp offered to talk with Mrs. Buell at a later time. M/S/C/U(Colvin/Montgomery) to approve Interlocal Agreement between City of Bremerton and City of Port Orchard to maintain traffic signals in Kitsap County. 7C - OVERWATER PARK BIOLOGICAL MITIGATION MONITORING CONTRACT WITH FISH PRO, INC., #AB96-052 As part of the Overwater Park project, the beach immediately adjacent was rehabilitated as a condition of the permits to construct the Boardwalk. The permit also required the City to periodically monitor the biological activity on the beach. A consultant services agreement in the amount of $21,370 has been negotiated with Fish Pro, Inc. to determine the biological activity and document the activity to the permitting agencies. Additionally, a budget amendment is attached increasing the project budget by $4,100, from $19,200 to $23,300. This reflects the funds available for the 1996 mitigation monitoring. Mark 8ouza, Senior Engineer, explained Fish Pro Inc., performed other biological services related to the mitigation plan like those to be performed in years 4 and 2. The mitigation plan is for a period of five years and was developed by the Engineering Department and Fish Pro Inc. Mr. McConne11 asked if the budget amendment was just rolling out #1215 #1291 #1387 TAPE #1366 City Council Reg. Mtg. Minutes March 13, 1996 Page 5 of 11 the money out of the escrow account into an active fund so that it can be used for the mitigation project? Mr. Souza state yes. Gordy Byrd questioned for clarification what is an park"? Mrs. Huff-Menees pointed out it meant the boardwalk. "overwater Mr. Colvim asked for clarification the term "periodically" as stated in the document. Mr. Souza explained the mitigation plan covers a period of five years and the City must monitor the biological features of the beach in years 2, 4 and 5. The proposal before Council is for year-4. Mr. Winters asked since we are in the 4th year of the observation program, is the City in any violation? Mr. Souza stated it appears the fish are doing fine, but this testing will give a better evaluation of how well the new beach has performed. M/S/C/U(McConnell/Montgomery) to authorize and direct the Mayor to execute the attached agreement with Fish Pro, Inc. in the amount of $21,370 for the biological monitoring of the Overwater Park mitigation beach and to approve the budget amendment increasing the project budget by $4,100 to $23,300. 7D - KITSAP PHYSICIAN8 SERVICE CONTRACT FOR 1996, #AB96-053 This is the seventh year of our contract with KPS for employee medical services. Through the efforts of our consultant and the Insurance Benefits Committee, which represents all unions and management, we recommend a one year contract 1/01/96 to 12/31/96. We further recommend the stop loss be lowered to $100,000 from the $150,000 ISL in 1995. Rioh Hanna, Acting City Clerk, stated he would standby for questions. Public comment - none. M/S/C/U(Winters/Colvin) to approve one year contract with KPS for employee medical services and budget adjustment. 8A - ORDINANCE NO. 4547 (SECOND READING) REORGANIZING THE HEARING EXAMINER FUNCTION, #AB96-048 Gordv Byrd asked if someone could explain the intent of the issue in layman's language. Ian Sievers, City Attorney, gave a brief overview of the intent of the ordinance. M/S/C/U(Huff-Menees/Farr) to pass Ordinance No. 4547 on second reading, reorganizing the hearing examiner function as part of the Bremerton Municipal Court, and amending Chapters 2.62, 5.02, 6.04, TAPE #1366 City Council Reg. Mtg. Minutes March 13, 1996 Page 6 of 11 6.32, 7.07, 7.08, 10.11, 10.40, and 15.08 of the Bremerton Municipal Code. 8B - ORDINANCE (FIRST READING) SETTING STORMWATER I~TES, #1~B96-054 The proposed ordinance will increase the City's retail wastewater rates by an average of five percent. Staff analysis has demonstrated that an increase is necessary to allow the utility to pay for current operations and to implement the capital improvements which are mandated to meet environmental regulations. An increase in retail wastewater rates of five percent is proposed to take effect July 1, 1996. This rate increase is needed to compensate for the effects of inflation since rates were last set, to allow for continuing renewal and replacement of the wastewater system infrastructure and to finance capital improvements including the mandated separation of the stormand sanitary sewer systems and odor improvements to the wastewater plant. If current regulatory and economic conditions continue, additional rate increases of three percent will be requested each January 1 beginning in 1997 and continuing until 2007. These increases are expected to be approximately equal to inflation over that time span. Elizabeth Buell asked if the 5% increase was on the sewer part or on both the water and sewer? Mr. Hanna explained the proposed rate increase would only affect the wastewater portion. John Thomas, 2004 Perry Avenue, stated most local households are tied into the Federal Government and experience an annual raise of 2.5 - 3.5%. Even the labor contracts for City employees fall within this range, yet each year the City raises the budget 6% and now is proposing to increase sewer rates by 5% and in January of 1997 raise it another 3%. He did not believe anyone was opposed to paying for the operating costs of the sewer treatment plant or any other City service. He believes it is time to separate the capital expenditures for the sewer treatment plant from the operating and normal maintenance costs and present a bond issue to the taxpayers to pay for the capital expenditures, which would allow the them to use that cost as a tax deduction. He raised the following questions: (1) is there a law preventing the City from separating the capital expenses from the operating costs and presenting a bond issue to the residents for the capital expenditures and paid by property taxes? (2) If there is not such a law, when and will the City make it easier for the citizens to pay for the capital expenditures at the sewer treatment plant with an additional property tax? Brian Mueller, 1541 Park Avenue, stated 2 1/2 years ago when the City raised the rates by 30% he had specific questions about the division of rates and Puget Sound Naval Shipyards proportion, their use and their payment. During that time, the rate of the Shipyards TAPE #1366 City Council Reg. Mtg. Minutes March 13, 1996 Page 7 of 11 use was 30-35% and they were only paying 25% of the actual costs of the operation of the sewer treatment plant. Members of the City Council and the public were told that Shipyard's rate structure would be revisited and their rates increased. Two and one half years have passed and to his knowledge the Shipyard rates have not been increased and it was not revisited. There has been some change in upper management within the wastewater treatment plant, but that has not changed. As a member of the citizens committee for the sewer treatment plant upgrade project, he has tracked some of this information. Due to the recent separation of the two stormwater drainage systems, both the Callow Avenue and Warren Avenue basins, there should be less actual effluent coming into the plant, so the percentage of actual usage should increase for the Shipyard. Again, they are not paying their fair share. Now, the City is proposing to raise the rates of the average homeowner and businesses. It is not a fair and equitable rate because people are not being charged the same nor does the City monitor the rate of effluent coming from people's homes. He urged the City Council to remand this issue back to staff for further study. Mr. Hanna stated in answer to the question regarding the ability of the City to levy property taxes with which to retire bonds used for utility purposes, that is a viable financial alternative under Washington law. He did not know if such a proposal had ever been before the voters of the City prior to his tenure of the last 10 years, but it has not been used during the time he has been with the City. Mr. Mueller struck the point of that question - people who own significant amounts of property within the City are not likely to be pleased by that financial alternative. Whether that is more equitable than continuing with Revenue Bonds that are supported by wastewater rates is a question that could be debated by the Council, if they so desire. In response to the question about the Navy's rates, since rates were last raised in February 1994, the City has gone through a process of cost of service and rate analysis on the Navy accounts, which resulted in an increase of rates of slightly over 60% from the rates being paid at the time of the last retail adjustment. He emphasized that is a very recent development and Mr. Mueller may not have been aware of that action. Rich Hanna, Acting City Clerk, read a letter from Gloria L. Agas, 1522 Almira Court, into the record: "I am writing to you at this time to express my unhappiness about the proposed wastewater rate increase effective July 1996 and every January 1 thereafter. My unhappiness is not caused by the fact that I have to pay for the increase. Like almost everything else in this time and age, a rate increase is inevitable. If we want a service, in this case, processing of our sewage, we should be willing to pay for that service and since the City has the monopoly, we have to pay the rates it charges. My unhappiness stems from a number of things, TAPE #1366 City Council Reg. Mtg. Minutes March 13, 1996 Page 8 of 11 among them are: (1) The two newspaper articles (The Sun 2/1/96 and 3/13/96) and the City Council Agenda Bill mentioned that the proposed increase is 5%. Unless the City is basing this increase on something else other than the current rate, my calculation is showing an approximately 50% increase. (Single Family, Within City Limits, at $3.00/Acct increased to$4.49/acct = 49.6%). Please correct me if I am wrong and I apologize if I am in error. (2) Since this City Council action will affect the entire service area, the customers should be given more time and opportunity to ponder on the proposed rate increase and comment on it, instead of just two short newspaper articles which appeared on the same day that the issue will be taken up by the City Council. If there was a neighborhood meeting, specifically in my district (#2), to discuss this very important issue, I was not aware of it. There was no newspaper article or a mailed invitation to attend and I do not subscribe to Cable TV. (3) While it is beneficial to the City's objective, increasing the base charge does not encourage water conservation, especially since there is a movement on water conservation, nation-wide, if not world-wide, due to diminishing water supplies, stricter environmental regulations and higher costs for the development of new water supplies sources. If water conservation is practiced, there will be less sewage going through the treatment plant which will translate to lower maintenance and operations costs. After all, one of the tips given by the City during the neighborhood meetings held prior to the 30% rate increase in 1994 was water conservation. The recent change in the operations of the Wastewater Treatment Plant from contract operations to City staff should result in lower operating costs since the City will no longer have to pay mark-up costs. It might be a good idea to separate, as in the past, charges collected and earmarked for capital improvements (treatment plant and sewer mains) from operating costs and efforts made to establish a mechanism wherein we, the ratepayers, may have the ability to claim such payments as tax deductions. The City and the ratepayers can work together towards a user-friendly solution. There will be less stress between them - the ratepayers will put up less resistance and the City will have an easier task of collecting. Rate increases in smaller doses are easier to take; I am still recovering from the 30% rate increase in 1994. A huge rate increase causes further hardship to low-or one-income families. Their inability to pay, in a timely manner, if at all, results in TAPE #1366 City Council Reg. Mtg. Minutes March 13, 1996 Page 9 of 11 higher operating costs for Utility Billing/Customer Service and the Utilities meter crew who have to spend longer time talking with delinquent customers, printing delinquent/overdue utility bills, issuing promissory notes, hanging door knockers, disconnecting/reconnecting meters due to nonpayment, filing liens against the property of non-paying customers and at worst, complete loss of revenue due to non-paying customers leaving the area or write-off of uncollectible. A more equitable rate structure might be in order - that is generators of industrial wastes should be charged more than residential users. There are other reasons and comments worth mentioning but I will not burden you further. I am glad the City gave me a 2.9% cost of living increase effective January 1, 1996. At least, I know where it is going, although I still have to put out some of my limited savings stashed away for a "rainy day" to makeup for the difference. But how about those who are less fortunate than me?" President Law stated for clarification the City Council held a Study Session in February on the proposed rate increase and many questions were asked and alternatives were discussed. Mr. Overson stated he received a phone call from a citizens, Mark Fisher, who voiced his concern over the proposed sewer increase. Mr. Overson assured members of the public that Council has looked closely at this issue and validated the need. Whether to levy the rate by volume or by direct rate has been discussed extensively. Mr. Hanna provided detailed comparisons on several options and the end result indicated that if the City levied a tax it would mean a significant increase in monthly costs for many people throughout the City. One of the great values of the present volume system in that it allows people to control, to some degree, their costs. He used the example of retired individuals, who use a low amount of water, and often times are on a fixed income and not in a position to pay higher rates. The proposal to levy the increase on the base rate seems to be an excellent way to implement the increase because it gives a level income for the capital development that is necessary to improve the quality of the water in Puget Sound. Mr. McConne11 asked why the 1996 budget did not reflect the need for an increase in sewer rates? Mr. Hanna explained as discussed in the first of the two Study Sessions held on this issue, the financial projections reflected lacking this rate increase the City's Utility would not run out of money in 1996. However, what will happen is rates will be such that we are not contributing as much to the capital renewals and replacements to the system as should be. If we continue at the current rate, the reinvestments TAPE #1366 City Council Reg. Mtg. Minutes March 13, 1996 Page 10 of 11 diminish rather rapidly and actually become negative about the middle of 1997. Mr. McConnell's comment about'the 1996 budget is correct. Mr. McConne11 asked if money from the Wastewater Fund is being used to purchase property in the "condemnation" area near the sewer treatment plant and is it a mandated requirement? Mr. Hanna stated the acquisition of those properties is a part of the capital budget of the Wastewater Fund for 1996; however, there is no mandate and the City made that decision. Mr. Colvin called John Thomas to the podium and referenced a comment Mr. Thomas made that if the rate increase was placed as a property tax it would be tax deductible on his Federal Income Tax. Mr. Thomas stated as a bill, he could not deduct it from his Income Tax, but if it were a tax, he could deduct that portion from his Income Tax. Mr. Colvln asked the City Treasurer if Council had considered that point? Mr. Hanna restated his earlier comments that to his knowledge there has never been a formal presentation of that alternative. Mr. Montgomerv stated he seriously doubted the citizens of Bremerton would ever approve such an increase in property taxes for this purpose considering the 50-60% increase in property taxes in 1996. Mr. McConne11 stated in response to Ms. Agas's comment about information on the sewer increase was not put out to the residents, this issue was discussed at his District #2 Neighborhood Meeting, which was held on March 12. He stressed that the 5% increase was not being attached to volume, but rather being added to the base rate of $3.00 for residential accounts. Mr. Farr concurred with earlier comments about Council having opportunity on several occasions to discuses the proposed rate increase. During that discussion, data was brought in from other wastewater utilities, some of which indicated the majority of the Wastewater Utilities in the State don't base sewer charges on water usage. Personally, he favors another system that would not base it on water usage, but at this time to cover the cost of operating the plant by dividing it among the number of customers some would have raises that would be more unpleasant. The current billing system is based largely on volume and in effect what that does is for each extra gallon of water that is used you pay many times more than the price of the water because it runs up the sewer when in effect the cost of operating the sewer plant remains constant. The good news of all of the different proposals that were brought forth this time, the one before Council places the majority of this increase, although this increase is small, on the base rate verses the volume. The other side of the proposition is there is not a corresponding increase on charges on volume and the sewer bills should not reflect a greater than 5% increases and in many cases will be less than a 5% increase. In his opinion, the rate TAPE #1366 City Council Reg. Mtg. Minutes March 13, 1996 Page 11 of 11 structure is still skewed in favor of volume and this is the first step in getting it down to something more realistic. This proposal does not delude water conservation. President Law noted when the first discussions on this issue came to the Council in Study Sessions, the consultant did mention having the basic sewer charges on the property tax and they felt the expense and exposure for errors were so great they did not recommend using that method. Mr. Hanna explained there were two different discussions along those lines and as he recalled one was the use of property taxes as a portion of Utility funding and the other was a system-wide L.I.D. for improvements to the treatment plant. There is no perfect answer to Utility solutions and the alternatives were given serious consideration. #2512 M/S/C(Montgomery/Huff-Menees) to approve reading, amending rates and charges for services; and amending Ordinance No. 4529. ordinance on first municipal wastewater Vote on motion: In Favor: Overson, Farr, Huff-Menees, Law, Montgomery, Colvin Motion carried. Opposed: McConnell, Winters With no further business meeting adjourned at 6:50 P.M. KATHLEEN L. McCLUSKEY, City Clerk JO~ '/"/'~ Council President City of Bremerton KLM/JL/me cc: Normal Distribution File/Vault