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HomeMy WebLinkAbout06/29/94TAPE #1213 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES COUNCIL . DPROVED JUL 13 1994" JUNE 29, 1994 #0015 #0034 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, June 29, 1994, at 5:30 P.M., with Council President Sherril Huff-Menees presiding. Council members present were Morris Dawkins, Bob Winters, John Law, David Farr, Richard Neville, A1 Colvin, Eileen Fitz, and Lon Overson. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Huff-Menees and Invocation given .by Reverend Gordon Hanstad from Sylvan Way Baptist Church. CONSENT RGENDA A. Minutes of Meeting - June 15, 1994, #AB94-130 M/S/C/U(Dawkins/Colvin) to approve the Consent Agenda as presented. CLAIMS/WARRANT 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/Farr) on June 29, 1994, the Council does approve for payment those vouchers included and further described as follows: 176436 through 176441, 176443, 176459 through 176626 in the amount of $230,344.83; and Retirees' Payroll for the period ending June 30, 1994, in the amount of $86,460.35. President Huff-Menees announced immediately following the Council meeting Council will hold a Study Session to discuss "PSNS Parking Garage proposal/Kitsap Transit Executive Director Hayes' Letter"; and two Executive Session: ,,Litigation" per Chapter 42.30.110(1)(i), and ,'Personnel" per Chapter 42.30.110(g). She wished to remind everyone that the City's Fire Works Ordinance stipulates that fireworks are allowed only between 11:00 A.M. and 11:00 P.M., on July 4th. COUNCIL MEMBER REPORTS Mr. Winters wished everyone a "Happy and safe 4Th Of July". He is looking forward to attending the 25th Anniversary celebration of the placement of the Tomb of the Unknown Soldiers at Ivy Green Cemetery 11:00 A.M. on July 4th. TAPE #1213 City Council Reg. Mtg. Minutes June 29, 1994 Page 2 of 17 Mr. Colvin echoed Councilman Winters' wish for a "Happy 4th Of July". He acknowledged a group of District ~1 constituents, who he hoped were present to help him celebrate his 72nd birthday today. He introduced Dr. Wally Simpson, President of Olympic College, who made the following introduction: Olympic College has made a strong commitment for diversity and have been working toward that goal for a number of years. A nation-wide search was conducted for a Multicultural Center Director with long experience and a commitment toward diversity. After going through over 60 applicants from all over the country, three top candidates were recommended to him and from those three individuals he selected Jorge Ramirez. Mr. Ramirez came to Olympic College from a similar position at Seattle University and he also fits into this community very well with 20 years service in the U.S. Navy. Jorge Ramirez thanked the Council for inviting him to come before them and Dr. Simpson for his kind words. What has struck him most during his first nine days on the job is his ability to fit in with the community. He is looking forward to having more time to spend in the community and getting acquainted with everyone. Mr. Law stated he and his family attended the Concert in the Park, sponsored by th~ Bremerton Parks Department, which was outstanding. He encouraged people to take advantage of the opportunity on Tuesday evenings, 7:00 - 8:00 P.M.. When he read Mr. Hayes' letter in The Sun's article fighting a parking garage within Puget Sound Naval Shipyard he though he was reading something out of a San Francisco or Fort Ord area newspaper of several years. ago. The majority of the parking in such a parking garage would be for sailors on ships with a good number living within the shipyard and with some of those vehicles actually being stored in that facility while their ship is deployed. The City of Bremerton has three voting members on Mr. Hayes' Transit Board and they indicated surprise at his letter. As far back as he can remember, there has been a shortage of parking around the shipyard area. When we read that there is a shortage of military construction funds and they are looking for areas to cut and a letter like this shows up, it did not speak well of the positive relationship between the community and the Navy. Maybe the Navy will get Mr. Hayes' message and look for another homeport. Mr. Farr stated he also was very surprised and very concerned when he read the newspaper article stating Kitsap Transit had written a letter opposing construction of a parking garage. For at least the past 25 years, parking in the Bremerton area has been one of the real causes of the problems that prevent the City from functioning as it should. The parking problems are easily attributed to either the people who use the ferries to commute or employees of PSNS/Navy base. This is, to his recollection, the first time in 25 years that the Navy has taken steps to invest a large amount of money to help 1 TAPE #1213 City Council Reg. Mtg. Minutes June 29, 1994 Page 3 of 17 alleviate this problem and he believed we would all benefit from it greatly that was why he was amazed at the stance taken by Kitsap Transit. He urged members of the public to attend Council's Study Session, which will be held immediately following the City Council meeting. This is one area where public comment is.very important. He urged those who could not attend the Study Session to please let their elected official, someone in City government, or the Navy know their feelings on whether or not they support the Navy's efforts to provide a 2,000 car parking structure to be built and used or if you would like see it not built and use the alternative of bus ridership and car pooling to take its place. He agreed there is a necessity to eliminate the number of single occupancy vehicles that enter the city and we need to look closely at ways to eliminate gridlock and parking problems, but he does not think an appropriate answer is to eliminate the possibility of a parking garage. He could not think of an opportunity greater for Bremerton to move ahead than the construction of this parking garage and could not imagine anything more ridiculous than to try and get it discouraged. Mr. Overson reported on the dedication of the Public Works Complex on Tuesday. He also does not feel Kitsap Transit represents the City or the area well with the letter Mr. Hayes issued regarding the PSNS proposed parking garage. Mr. Hayes represents the Transit policy and repeated the "book" to the Navy, but he did not think in this case it applies and at the Study Session it needs to be decided how to indicate to the Navy that the City and the area does need this particular parking garage. MAYOR'S REPORT Mayor Lynn Horton started part of her report this evening was to help celebrate Mr. Colvin's birthday by presenting Certificates Of Appreciation to several membersof District #1, who have assisted Mr. Colvin with their District .#1 Neighborhood meetings. The following individuals were introduced: Evleen Avery, Nancy Buck, Hazel Colvin, Dorothy Cookston, Jean Emmery, Betty Griggs, Eleanora Holland, Jack Riggs, Alison Johns, Richard Weld, Merilynn Erhart and Lori Smith. Merilynn Erhart, Council Legislative Assistant, extended a special "thank you" to all of the volunteers in District #1 Neighborhood meeting group and encouraged other Districts to work toward establishing similar core groups to assist their Council representatives. Nancy Buck thanked all the citizens of District #1 for attending District #1 Neighborhood meetings and helping whenever and wherever they could. And, she thanked Councilman Colvin for being the great leader that he is and for his generous and sincere attitude that he puts into his work. Mr.. Colvin stated he has served on the Council for nine years and this is the first time his wife has. attended a City Council meeting. He extended special thanks to Mayor Horton, Lori Smith and Merilynn TAPE #1213 City Council Reg. Mtg. Minutes June 29, 1994 Page 4 of 17 Erhart for assisting him in making these presentations. Mayor Hotton noted that if there was more participation from citizens like those in District #1, we would all be better off. Mayor Hotton announced this evening at 7:00 P.M., at the Knights Of Columbus Hall, Burwell and Montgomery Avenue, a neighborhood meeting will be held with Police Chief Del McNeal and several members of his staff letting the neighborhood know what the Police will be doing in connection with the shooting that occurred in that area over the past weekend. With great pleasure, Mayor Horton displayed a symbolic check in the amount of $1,000,000 from the Kitsap County Commissioners for the Pendergast Regional Park project. On Monday, June 27th she picked up a "real" check in the amount of one million dollars from Kitsap County for their share of the sports complex project. She thanked the County Commissioners for their support of this project. Bids for the sports complex project were opened today and the first response that she was given was "they look very good". Mayor Hotton provided a comprehensive summary report of the Bremerton Policy Maker Summit, held June 16, at Olympic Collage, which involved approximately 113 individuals representing Government, Recreation, Law Enforcement, Social Services, Educational Issues, Community Churches, and Jobs and Employment (copy of summary statements attached to Minutes as Exhibit "A"). Mayor Horton plans to hold a second summit on this issue in the fall. She was very enthusiastic over the focus and commitment of the participants at the summit and expects to see some "action items" happening over the summer months. Mayor Hotton read the following Proclamation: (1) JULY 3 - 9, 1994, As UNKNOWN SOLDIER WEEK. Richard Chrisinger accepted the Proclamation and gave a brief history of the placement of the Tomb of the Unknown Soldier at Ivy Green Cemetery. He extended an open invitation to attend ceremonies on July 4, 11:00 A.M., at Ivy Green Cemetery. PUBLIC RECOGNITION Jack Lefcoski stated he supported Councilmen Farr, Law and Overson's opinion about needing the proposed PSNS parking garage, contrary to Mr. Hayes' opinion. When aircraft carriers come into the shipyard their flight decks and hanger bays are full of vehicles, which represent families and the ship represents salaries that are spent in retail services of all kinds, which supports the City. Those vehicles probably came from a "military parker friendly" city. He does not think Bremerton is a "military parking friendly" city due to not having adequate parking space. He urged the three City representatives on the Transit Board to oppose Mr. TAPE #1213 City Council Reg. Mtg. Minutes June 29, 1994 Page 5 of 17 Hayes on the position he took as it relates to the proposed PSNS parking garage. He was not in favor of the shipyard being allowed to store nuclear waste on a long term basis. He emphasized we don't want that stuff in our city and we do not want it at sea level. If a major nuclear leak should happen and contaminate Puget Sound, we would lose it. He noted Mr. Hayes is doing a good job in his position...being very innovative and industrial, but what galls him about the transit system is during certain time frames there are many empty buses driving around town, at other time frames they are overloaded. He suggested that during the time when buses are running around town with few riders, let the people get into a taxi cab, have the cab driver give them a coupon that they can turn in at the bus barn for a 1/2 price rebate and get those empty buses off the streets. Mary Sump expressed her concern that children in her neighborhood do not have a place to play and asked that the City look into the possibility of purchasing a vacant lot in their neighborhood to turn into a park. She was also concerned that the City no longer allows parents to take their children into Ivy Green Cemetery to play in the open, unused area. also, she did not understand why the City had not purchased the old Hadden School site for a City park, which they .desperately need in that area. When she took her children to participate in the City's Playground Express program, due to lack of signage they almost missed seeing the Playground Express personnel. She urged the City to provide some type of "banner" sign so that neighborhood children will know when the Playground Express has arrived at local parks. Lenny Meder, co-founder and Executive Director of the Ethnic Unity Coalition of Kitsap County (EUC), extended an invitation to the City Council members and general public to attend Summerfest '94, the first multicultural celebration in Kitsap County. She gave a brief overview of the EUC mission and events sponsored by that organization since September 21, 1991. Summerfest '94 will include exhibits and performances at the Bremerton High School, 7:00 - 9:30 P.M., on July 9th. On July 10th the celebration will move to the Bremerton waterfront boardwalk where there will be musical performances, ethnic foods and wares and different non-profit groups providing information on their services. Frank Ray, President of the Bremerton Symphony, announced the Symphony's 1994-1995 season begins in the fall and promises to be a great season. Currently, they are in the process of a search for a new music director/conductor to replace Harry Davidson, who left to go to Akron, Ohio. The second process they have underway is their Spring Subscription Drive, ending midnight June 30th, in which they are offering discount tickets for the new season. Mr. Colvin noted he believes the Bremerton Symphony was the best kept TAPE #1213 City Council Reg. Mtg. Minutes June 29, 1994 Page 6 of 17 secret in the city of Bremerton. He encouraged the Symphony organization to advertise more so the public can become better acquainted with their contribution to the community. Mary Lou Long stated, as a follow on to Mayor Horton's comments on having the community work with youth in the City to help resolve some problems we have as a society, if young adults spent the majority of their 24 hour day in a manner in which it fully occupied them they would have relatively small amount of free time to get into trouble. She was most interested in the fact that Kitsap County donated one million dollars towards a semi- professional sport complex that the City is engaged in promoting and working on. It concerned her that someone like Mary Sump came before Council pleading for a park for children living in the area of the old Hadden School site. She bought property in Bremerton 21 years ago and her children attended Haddon School, which involved many community activities. Since Haddon School was demolished, the site has been fenced off thereby making it inaccessible to anyone. She felt it was a shame that the City didn't pick up the site some time ago rather than push for a sports complex that no child could possibly walk to in order to engage in some good, free, quality sporting activity, community projects, or good clean fun. She supports Mary Sump and her neighbors in their efforts to get the City to turn that school property into a good park for Bremerton. She invited the people in that district, if they don't get any kind of response from the City to pursue such a project, to contact her. eordv Byrd stated if the parents, teachers and students would get together and teach each other self-respect, it would build up their self esteem. He extended a special "Happy Birthday" to Councilman' Colvin. The recent Harrison Hospital Annexation blood drive attracted 30 participants, which was less than their previous blood drive. In regard to Kitsap Transit, someone has complained that he is a "bus hopper", and he questioned if they don't want people to ride the system why have it? 7A - BID AWARD RECOMMENDATION FOR JANITORIAL SERVICES -- GOLDEN GLOBE JANITORIAL SERVICES, #AB94-131 Call for bids were prepared, advertised, distributed, and received in accordance with accepted call for bid procedures for a two (2) year contract to provide janitorial services in City owned buildings. Bids were received from five firms and recorded as follows: JRR Concrete Golden Globe American Building Maintenance Peninsula Services $6,070.00 per month 6,478.24 " " 7,127.40 " " 8,114.52 " " TAPE #1213 City Council Reg. Mtg. Minutes June 29, 1994 Page 7 of 17 True Service 8,664.72 " " Review of qualification and references reflects that VK is not qualified to perform the work involved or to the extent of the bid. This firm presently has no janitorial services under contract. Recommend that JRR Concrete Services be disqualified from further consideration for reasons cited. Incumbent contractor is American Building Maintenance, $6,675.00 per month. Mrs. Fitz questioned, for the benefit of the public, why the lowest bid was not selected. Gil Johnson, Purchasing Agent, explained the lowest bidder, JRRConcrete, at the present time and previously had not held any janitorial services contract and was therefore determined to be without qualifications to provide the services. Mr. Colvln asked if that provision was mentioned when the bid was posted? Mr. Johnson stated yes, the basis of the bid award was as to qualification to perform the services and low bid response to that qualification. John Ross, owner of JRR Concrete, stated it did not matter to him whether or not he received the bid. However, he is experienced and he emphasized you cannot confuse experience with references. The references he provided had to do with concrete work. He commented on a concrete construction job he completed at below estimated cost at Westpark, which reflected the kind of "quality" work his firm is known for and a cost savings. of $35,000 to the City and HUD. He would not bid on a job that he didn't believe he could provide the services. He emphasized today. conditions are changing and contractors are diversifying to make the cost to the consumer less. He pointed out the difference between his bid and the next higher bidder amounts to $16,000 over a two year period. He offered a price that was reasonable and he is capable of accomplishing the required work. He suggested the City stay with their current janitorial contractor since the next lowest bidder was an "unknown" firm and the City would be better off staying with the firm it is familiar with considering there is only a $400 difference. Lydia Milling, John Ross's sister, stated the City was provided a list of names of people, who would be working for JRR Concrete, identifying quite a bit of experience in janitorial service. She urged Council to review that piece of information as well. TAPE #1214 Bob Lawrence, Vice President/General Manager of Golden Globe Janitorial Services, stated experience is important. Between the people involved in his firm, they have over 40 years experience in janitorial services. Mr. Gil Johnson can attest that he checked on references from the Federal government to private enterprise to TAPE #1214 City Council Reg. Mtg. Minutes June 29, 1994 Page 8 of 17 check out Global's references. These are not just people they know, but people they hold contracts with. There is a cost to the City if someone is hired who does not know what they are doing. Mar~ Lou Long stated tonight the City is accepting or rejecting a proposal deliberated or studied by staff members of bids for contracted work. From her observation, staff has recommended a higher proposal for the same kind of work. She asked Council to use their best judgement keeping in mind trying to save the citizens money. Since the City has received a bid that is guaranteed at a lower price, and it is within Council's realm to make the decision as representatives of the citizens to do the work in the best way for the citizens, she preferred Council accept the low bid than to spend more money. Mayor Hotton raised the following question: since the bid document explicitly said there needed to be experience in the field of janitorial services and if the City approved the low bidder, who lacked that experience, could the second place bidder contest the award because the City did not follow the bid parameters? Ian Sievers, City Attorney, stated none of the bidders have standing to sue or challenge Council's decision one way or another. If the second lowest bid is taken based on what the City feels is lack of qualifications of the lowest bidder, they could not sue the City and vice versa. These bidders have no standing and bid laws are there to protect the public's interest. Mr. Winters questioned how often does the City award a janitorial services contract? Mr. Johnson stated every two years. Mr. Winters asked in that two year period what is the City's option if they are not satisfied with that contractor's performance? Mr. Johnson explained if performance is not met, there is a 30-day cancellation clause. Mr. Winters questioned what would it take for JRR Concrete to qualify in the future? Mr. Johnson stated it was recommended to JRR Concrete that they should make efforts to get some janitorial services contracts. Mrs. Fitz asked which City buildings are included in the proposed contract? Mr. Johnson noted this contract includes all City office buildings. Mr. Overson asked if the City ever had problems with janitorial services in the past and if so, did they come into that contract contending they could handle the job? Mr. Johnson stated yes, in the past the City has had problems with janitorial services and those same services contended they could handle the responsibility. Mr. Overson asked if Mr. Johnson had found going to the work experience has resolved some of those kinds of concerns? Mr. Johnson stated yes. #0302 TAPE #1214 City Council Reg. Mtg. Minutes June 29, 1994 Page 9 of 17 Mr. Colvln questioned if Mr. Johnson checked the references given by JRR Concrete? Mr. Johnson stated references for both JRR Concrete and Golden Globe Janitorial Services were checked. As a point of clarification, the references provided by JRRConcrete and the work they provided was for the Bremerton Housing Authority and in talking with those people referenced, he learned JRR Concrete was given a very strong endorsement for their performance in concrete work and their management skills. Several days ago he learned Golden Globe Janitorial Service is a minority disadvantaged business enterprise as well. Mr. Farr referenced a section of the documentation provided that addressed Disqualification Of Bidders, and asked if the "," items were meant to indicate that due to the lack of documenting any experience pertinent to janitorial work that was a disqualification? Mr. Johnson stated Mr. Farr was correct. Mr. Farr referenced another section titled "References" Section I-A that specifically stated "Bidders shall submit, with their proposal, a resume of corporate experience and qualifications relative to performance of janitorial services". He questioned if Mr. Ross failed to provide any references? Mr. Johnson noted Mr. Ross provided references, but none of them were experience in janitorial services. Mr. Overson pointed out the City did receive four qualified bids and he felt staff had done an excellent job working through the details. He trusts that JRR Concrete will do well and if they get into janitorial services there is a good change in the future this city will be looking favorable at them as well. Mr. Colvin asked if the City was required to accept the lowest bidder? Mr. Sievers stated no, it is always qualified by the lowest responsible bidder. M/S/C/U(Overson/Fitz) to award a two (2) year contract for janitorial services as to specifications and low bid responsive to specifications to Golden Globe Janitorial Servicesin the amount of $6,478.24 per month. Councilman Neville joined the Council meeting at 7:22 P.M. 8A - ORDINANCE NO. 4471, (SECOND READING) AMENDING THE 1994 BUDGET: (a) ADOPTS STORMWATER FUND BUDGET; (b) ADDS FIVE POSITIONS, DELETES TWO; and (c) RECLAGSIFIES FIVE EXISTING POSITIONS, #AB94-129 Eddy Chu, Public Works and Utilities Director, noted he had nothing further to add except to correct a typographical error on page 26 of the documentation showing the Net Change as $95,754 rather than $75,164. Mr. Winters questioned if there would be a change to the budget? Mr. Chu stated there would be some change to the budget, TAPE #1214 City Council Reg. Mtg. Minutes June 29, 1994 Page 10 of 17 which is addressed in the budget Adjustment. Mr. Colvin asked if Mr. Chu had budgeted $75,164 or $95,7547 Mr. Chu stated the amount budgeted was $95,754. #0637 Mary Lou Long pointed out at the time she entered the City Council Chambers there were no copies of the Agenda available for her to pick up. Therefore, she had no idea what was listed on the Agenda and she has no idea what was presented to Council on this issue as far as budgetary changes or dollar figures. She heard Mr. Chu comment on something having to do with an adjustment to the water, stormwater and wastewater portion of the budget and raised the following question: "if the $4.00/month stormwater charges are suppose to go into a stormwater management fund, how do they in any way change the budgetary figures in water or the wastewater funds in the budget?". Mr. Chu stated it was unfortunate Mrs. Long was not present when he made the formal presentation on this issue at the previous Council meeting. He proceeded to briefly outline the three elements involved in this proposal. Mr. Overson stated what the Department Head has done is to distribute the funds to efficiently use the monies being received to control the stormwater program. M/S/C/U(Law/Colvin) to pass Ordinance No. 4471 on second reading, reclassifying two management and professional staff positions in the Department of Public Works & Utilities; and amending the 1994 Budget. Vote on motion: Motion carried. In Favor: Neville: Fitz, Dawkins, Colvin, Winters, Overson Farr, Huff-Menees, Law Abstain 8B - ORDINANCE (FIRST READING) CABLE COMMUNICATIONS ADVISORY COMMITTEE (CCAC) MEMBERSHIP, #AB94-132 The Cable Communications Advisory Committee (CCAC) has requested that the membership of the committee be expanded to provide for broader representation and more members to share the workload and perform sub-committee work. The prior committee had 5 members and this ordinance proposes 8. Mrs. Fitz questioned the need for 8 members as opposed to five? Gil Johnson, CCAC Committee member, stated the current committee make up consists of three citizens at-large, a Council representative appointed by Council and a staff person appointed by the Mayor. There is a substantial amount of work to be done by the committee and it is difficult to commit the time of Council members and staff to solely work with committee business. Also, the three committee members at-large have committee responsibilities as well. By increasing the size of the committee it is hoped that some sub- #0781 TAPE #1214 City Council Reg. Mtg. Minutes June 29, 1994 Page 11 of 17 committees can be set up to spread out the work load. Mr. Neville noted the City is. coming into the refranchising stage for the Cable contract and there is a tremendous amount of work to be done. The three citizens serving on the committee are to be commended for what they are doing and will continue to do, but there is need for assistance committee-wide. Mr. Colvin pointed out the citizens serving on this committee volunteer their time and talent. Mr. Farr referenced a lined out section (one member shall represent public access, educational and institutional uses of the system). He questioned if the intent was to delete that section? Mr. Johnson stated that section was deleted because the Bremerton Community Access Television was going to set up an advisory committee, however, it did not work that well and they were concerned about what appearance.it might get since the City is partially supporting the work performed by this group. They opted to have a youth representative on the committee. Public comment - none. Mr. Overson stated he believes the CCAC has done an excellent job presenting their proposal and he supports their efforts. He pointed out to Mr. Colvin that there are rewards other than financial for these kinds of participation and one of them is that we, as Americans, still enjoy the ability to somewhat control our destiny and that is one of the values of participating in this and other kinds of activities. M/S/C/U(Colvin/Fitz) to approve ordinance, on first amending the membership of the Cable Communications committee and Bremerton Municipal Code 2.100.010. reading, Advisory 8C - ORDINANCE (FIRST READING) ELECTION OF MUNICIPAL COURT JUDGE, #AB94-133 As a result of the 1993 Legislative Session, the office of the Municipal Court Judge shall be elected rather than appointed. The statute does not require residency in Bremerton. Only Bremerton residents will vote for the position. Kathleen MoCluskey, City Clerk, stated this change in law was the result of the 1993 Legislative session and is effective January 1, 1995, which means the election for the Municipal Court Judge must take place this year. Filing for this position is the last week of July and prior to filing this ordinance and the following ordinance, which sets the Judge's salary, need to be in place. Mr. Farr asked if there are any options other than to pass this .ordinance? Mrs. McCluskeV stated no. #0919 TAPE #1214 City Council Reg. Mtg. Minutes June 29, 1994 Page 12 of 17 Mr. Winters questioned who appointed the previous judges? Mrs,. McCluskey stated the Mayor made the appointments with Council confirmation for a 4-year term. Public comment - none. M/S/C/U(Eileen/Farr) to approve ordinance, on first reading, amending the filling of the Municipal Court judge position, and amending Section 2.62.020 of the Bremerton Municipal Code. 8D - ORDINANCE (FIRST READING) SETTING MUNICIPAL COURT JUDGEtS SALARY, #AB94-134 The salary for the Municipal Court Judge must be set in advance of filing for the position for the four year term January 1, 1995 to December 31, 1998. The current salary is $65,276.00. The attached ordinance proposes a 3% increase for 1995 ($67,235.00) and adjustments annually after 1995 for cost of living increases as provided to management employees. The ordinance also provides for continuation of benefits to the Judge. Section 3 clarifies that a judge pro-tem will receive the hourly salary of the Judge. This would be $32.32 in 1995. Mr. Farr questioned for clarification the statement made under "Impact On Non-Passage": We would be in violation of State Law. Filing fee based upon salary. Kathleen McCluskey, City Clerk, stated the proposed salary is given as staff's recommendation, however, Council may set the salary at any level they choose. Mr. Farr questioned what determined the proposed salary? Mrs. McCluskeV explained the current salary, at the time Judge Martin was appointed, was established by the Personnel Direction based on other like salaries and increased annually on a cost- of-living basis. For this proposal, they took the current salary and added 3%, which was the same cost-of-living increase given to the bargaining units and relates to the most current cost-of-living CPI. She did review other Judge's salaries for two cities that are similar in size and case filings to Bremerton to see what their judges are making. Olympia's judge's salary is slightly under $61,000 and the Renton Judge has a pay scale that ranges from $58,000 - $71,000 over a five year period. Judge Martin's salary is appropriate for an individual who has been working as a Judge for a couple of'years and falls within the same ranges as the other two cities. She emphasized if the City had a District Court Judge, they would be tied to a percentage of the Superior Court Judges and that salary is now in excess of $90,000. Because the City of Bremerton is organized .under RCW 3.50 of the Municipal Court System, the City Council has the authority to set the City's Judge's salary. #1140 TAPE #1214 City Council Reg. Mtg. Minutes June 29, 1994 Page 13 of 17 Mr. Farr questioned if he understood correctly that the salary proposed is based on a judge that has been in the job a couple of years when in fact the salary could apply to a newly elected person who has not served in that capacity for that length of time? Mrs. McCluskey stated that was possible. She emphasized whether a new Judge is elected or the existing Judge is elected, you want to set the salary at a level that will entice qualified candidates to run for the position. Elizabeth Buell asked if the City had the money to spend? M/S/C(Neville/Colvin) to approve ordinance, on first reading, setting the Municipal Court Judge's Salary and Benefits, the Judge Pro Tempore salary, repealing Ordinance No. 4438 and amending Section 2.62.040 of the Bremerton Municipal Code. Vote on Motion: In Favor: Overson, Neville, Law, Fitz, Dawkins, Colvin, Huff-Menees Opposed: Winters, Farr Motion carried. 8E - RESOLUTION NO. 2471, ESTABLISHING PROCEDURES FOR GRANT APPLICATION AND ACCEPTANCE, #AB94-135 The City administration is actively seeking grants in a variety of areas. The intent of this resolution is to streamline the process so that Fiscal & Budget Committee provides preliminary approval to submit an application and the full Council approves acceptance of a grant. This will allow staff to more effectively meet grant application deadlines. Mayor Lynn Horton stated the present procedure is rather cumbersome and sometimes the grant applications need to be done in a timely manner. Some grants, such as Federal and Community Development Block grants do need to come before the City Council for approval of submission. The intent of this proposal is to streamline the process. Grants that were awarded to the City would be brought before Council for acceptance or rejection. As part of the proposed process, a list of grants being applied for would be brought before Council's Fiscal and Budget Committee. Mr. Farr stated since his short time on the City Council, he has heard criticism aimed at the City's less than effective manner of obtaining grants. He sees this proposal as an additional step in addition to those already taken, such as hiring a grants writer and reports that have been generated. He wholeheartedly supports this proposal and believes the citizens of Bremerton will benefit from it. TAPE #1214 City Council Reg. Mtg. Minutes June. 29, 1994 Page 14 of 17 Mary Lou Long asked that the Resolution be read in its entirety. Kathleen McCluskey, City Clerk, read the Resolution. Mrs. Long noted Mayor Horton alluded to the fact that the grant application process is currently cumbersome and she would like to know what Mayor Horton meant by "cumbersome". From the Resolution, it looked to her like grant applications would have to go before the Fiscal and Budget Committee, which is made up of four members of the City Council and then it would have.to go before the full Council for public hearings, additional review and acceptance prior to its getting to the application process of an agency. She questioned where did this proposal streamline the process? Mayor Horton stated the present Resolution requires that prior to a grant being submitted it must be brought before the full City Council for their approval. And, in addition those applications are reviewed by the. Fiscal and Budget Committee and Operations Committee prior to being placed on the Council's Agenda. This proposal would eliminate having to go before' the Operations Committee and the full Council deliberation prior to submittal. Mr. Farr asked how long has the current system been in use? Mrs. McCluskey stated since 1985. Mrs. Long asked if that process was established by resolution? Mrs. McCluskeV stated yes. Mrs. Long suggested making presentations to the full Council so that it could be properly discussed among them so they would know the input and recommendation, thereby eliminating the steps of having to go before the Fiscal and Budget Committee. Mayor Hotton stated generally what happens at Council committee meetings is the dialogue is less formal and the item can be placed on the Committee agenda with just a few days notice. If an issue was of a greater magnitude that needed to be brought before the full Council, she believed Fiscal and Budget Committee could make that recommendation or she could make such a recommendation. Mrs. Long felt strongly that it was more cumbersome going before a partial group of Council members through the Committee process. Mayor Hotton explained Agendas are issued for both Council committees so that if any Council member or the public is concerned about an issue, they can attend that meeting or obtain the information from her staff. Jack Lefcoski stated he supported having the members of the Fiscal and Budget Committee have the responsibility to review the list of grants being submitted. Me has asked numerous time how much grant funding has come in and what grants have been applied for. President Huff-Menees pointed out at the previous Council meeting Mayor Horton provided a complete listing of grants that have been applied for and grant funds received. She will make sure Mr. Lefcoski receives a copy of that information. Mrs. Long questioned if the grants writer salary comes from the grants successfully obtained or are they on a payroll? President Huff-Menees stated this resolution does not call for the Council to #2471 TAPE #1214 City Council Reg. Mtg. Minutes June 29, 1994 Page 15 of 17 be involved in the preliminary process of grant application, but does require upon award of grant funds the City Council shall act to accept such funds. Mayor Horton stated for clarification that the grants writer is not fully salaried by the City of Bremerton, but is a contracted business so that he gets paid for what he writes. Byrd supported the proposal as presented. Mayor Hotton made the following recommended resolution: under Item #2 add ...An approved forwarded to full Council. addition to the listing will be M/S/C/U(Law/Winters) to approve Resolution No. 2471, as amended, establishing the procedures for approval and allocation of intergovernmental grants and repealing Resolution No. 2073. 8F - RESOLUTION NO. 2472, FINAL PLAT APPROVAL -- OYSTER BAY ESTATES SUBDIVISION; APPLICANT: CHAFFEY CORPORATION, #AB94-136 The Preliminary Plat for Oyster Bay Estates, a fifteen lot subdivision, was approved by the City Council on October 30, 1991 subject to 17 conditions (see Exhibit III). Improvements necessary for road access, utilities, and fire protection have been constructed in compliance with the conditions of the preliminary plat approval. 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. RCW 58.17 Boundaries and Plats requires Final Plat approval by the City Council. Mr. Law stated several Council members were not on the Council at the time the Preliminary Plat was approved for this project. He questioned if they were qualified to vote on this issue? Ian Sievers, City Attorney, stated Mr. Law's concern is not a problem. This hearing is to judge compliance with preset conditions. He stressed Council could not go back and reassess those conditions at this point. Jack Allingham, Current Planning,'provided a vicinity map showing the Oyster Bay Subdivision as a 4.88 acre tract of land located on the southeast corner of Oyster Bay, just south at the east terminus of Sundown Drive. The plat was originally proposed as a 16 lot subdivision, however, with further design of the plat between preliminary and final it was modified to a 15 lot subdivision. The plat has been constructed and the lots have been staked. A new road, which is dedicated to the City (Oyster Bay Court) has been constructed to City standards...paved, curbs, gutters and sidewalks. The plat also has two other smaller private roads - #2599 TAPE #1214 City Council Reg. Mtg. Minutes June 29, 1994 Page 16 of 17 Shorecliff Drive, which gives access to lots 13, 14, and 15; and a Cross Harbor Lane, which gives access to lots 1, 2 and 3. One of the major issues during the Preliminary Plat approval of the subdivision was that it had a shoreline location and the City's adopted Comprehensive Plan, as amended by its Waterfront Access Plan, was seeking to get a dedicated public access to the shoreline. During the preliminary plat hearings, there was substantial testimony from surrounding property owners that they did not want a dedicated public shoreline access element to the plat so the opportunity of providing a fee in lieu of dedication for public access to the shoreline was granted. The developer has paid the City a fee of slightly over $9,000 for that dedication, which would be equivalent to obtaining an easement to the shoreline and construction necessary improvements...pavement for walkway and beach access stairway. The Final Plat conforms to the conditions of the Preliminary Plat and is ready to be recorded with the Kitsap County Auditor and the lots sold. Mr. Neville noted that 17 conditions were imposed upon this proposal. He questioned to Mr. Allingham's knowledge have all 17 conditions been met? Mr. A11in~ham stated yes. Mr. Neville suggested providing a specific list of the imposed conditions the next time such a proposal is brought before Council on a similar issue. Mr. Allingham reviewed the 17 conditions imposed on this project. Jack Lefcoski stated he thought it was illegal to build an inaccessible lot, such as lot #13. Mr. Overson pointed out if Mr. Lefcoski studied the map he could see that specific lot is accessible. He emphasized the designer of the project did design a lot that has a buildable area on it. Mr. Colvin questioned if the private road was built to City standards? Mr. A11ingham stated the private road was reviewed and approved by the City Engineer. M/S/C/U(Farr/Winters) to approve Resolution No. 2472 accepting the Final Plat of the Oyster Bay Estates Subdivision. TAPE #1214 City Council Reg. Mtg. Minutes June 29, 1994 Page 17 of 17 With no further business meeting adjourned at 8:45 P.M. ~ Q~ CQ~S~ KATHLEEN L. McCLU , City Clerk KLM/SH-M/me cc: Normal Distribution File/Vault