HomeMy WebLinkAbout12/29/93TAPE #1162
UNAPPROVED DRAFT
Council Approved Jan 19, 1994
CITY COUNCIL MEETING MINUTES
DECEMBER 29, 1993
#0030
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 29, 1993, at 6:00 P.M.,
with Council President Eileen Fitz presiding. Council members
present were Richard Neville, Lynn Horton, C.R. "Tiny" Collins,
Morrie Dawkins, Russ Johnson, Lon Overson, Hank Waibel, and A1
Colvin. Also present were City Attorney Ian Sievers and City Clerk
Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Fitz and Invocation given by Reverend August Lubkeman of
Memorial Lutheran Church.
CONSENT AGENDA
None
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/Waibel) December 29, 1993, the Council does approve
for payment those vouchers included and further described as
follows: 171903-through 171905, 171930 through 172025 in the total
amount of $97,599.99; and Retirees Payroll for the period ending
12-15-93, in the amount of $94,723.98; and Regular Payroll for the
period ending 12-15-93, in the amount of $542,957.46.
COUNCIL MEMBER REPORTS
President Fitz announced this was the last City Council meeting for
Council members Horton, Waibel, Johnson and Collins. She extended
a personal "thank you" to each of them for their assistance to her
during her two years on the Council. Their knowledge, background,
thoughtfulness, and attention to detail helped her immensely during
her term as Council President this past year. She introduced
Merilynn Erhart, Council's Legislative Assistant, who has known and
worked with all of the Council members who are leaving, and asked
her to present each of the retiring Council members with a plaque.
Merilynn Erhart called each of the four Council members forward to
receive a plaque that reflected their significant contribution to
the City of Bremerton as a City Council member for the number of
years each of them served. Councilmen Horton and Waibel were also
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recognized for their tenure as City Council President and the
leadership they brought through that responsibility. She expressed
appreciation to each Council member in the form of a "verse" that
related to their special talents/gifts that they have given to the
citizens of Bremerton during their tenure.
Hank Waibel thanked everyone and stated it has been a rather
exciting eight years that included some sad and happy times along
with some frustrations. He extended a special "thank you" to his
family for sharing him with the public for those many years.
Lynn Hotton expressed her appreciation to her fellow Council
members, both present and past. She sincerely hopes the
relationship that she's had as a member of the Council will
continue on with the new and existing Council members. She is
looking forward to the exciting next four years and noted facing
Council from the Administration side does give one a different
perspective. She encouraged the new Council members to establish
early on their philosophies and then apply each situation to those
personal philosophies so that they then feel they have made the
best decision they could at the time, and then move on. She feels
strongly that there will be some hard decisions for both she as
Mayor and the Council in the coming year and on into the future,
however, her hope is to pull together and do what is best for the
City of Bremerton
Tiny Collins stated he had many thoughts he wished to pass on,
however, he would limit it to those he wished to pass on to the new
Council members and those Council members who will be carrying on
into the new year. It is important for the new Council members to
understand that the City is not a separate identity, not something
inanimate but the City is the people...each individual. Do not
think of City employees as a group, but think of them as
individuals and don't try to put them all together. In his
opinion, the hardest thing to learn is that when there is a
difference of opinion between you and your colleagues remember that
their opinion is as good and as valid as yours and don't let it
become a personal things as so often happens. He was tremendously
pleased with what has happened in Bremerton over the past 14 years,
six years he served on the City's Planning Commission and eight
years as a City Council member. He is constantly amazed over the
use of the boardwalk and the numbers of people on the boardwalk at
all times of the day and night. There are many things in Bremerton
to be proud of, especially the people. He thanked Mayor Mentor for
what he has accomplished during his tenure, and that it was a
pleasure working with Mayor Gene Lobe. He does not envy Mayor-
elect Horton because of future budget constraints. He thanked the
citizens and each City Council member for their help, understanding
and ability to let "tiny" get up on his soapbox once in awhile".
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Russ Johnson thanked the many citizens, hundreds of staff members,
all his fellow Council members going back to 1983, as well as the
Association Of Washington Cities staff, Municipal Research, State
Legislators and other elected officials from other others that are
willing to share their time and expertise. He has learned how to
disagree with someone over an issue, but still retain the ability
to be cooperative and stay friends. He found out through his
service as Councilman that one person can make a difference and he
urged citizens to try. He encouraged people to step forward and
run for public office. He signed off with "good night and good
luck".
President Fitz added a special note that Councilman Horton will not
be leaving public office and would return at the new year as Mayor
when she presents her plans for the City and continued running of
the government. She looks forward to serving with Mayor Horton and
appreciated her help and assistance during President Fitz's term as
Council President.
Mr. Overson stated he wished everyone a safe and happy New Year.
Mr. Neville thanked Russ, Tiny and Hank for all the help they gave
him during his time on the Council, and he is looking forward to
working with Mayor-elect Horton.
Mr. Dawkins thanked the out-going Council members for doing an
excellent job, as well as Mayor Mentor; and extended a welcome to
the Mayor-elect Horton. He reminded everyone that Council members
legislate the City, but the heart and soul of the City is the
uniform and non-uniformed employees, who do an excellent job in a
tough situation and everyone should be proud of them.
Mr. Colvin congratulated all of the out-going Council members and
Mayor-elect Horton. It pleased him that Mayor Mentor paid Mayor-
Elect Horton a compliment during the Bremerton Central Lions Club
meeting this date. He extended a Happy New Year wish to all the
citizens in District #1 and thanked them for all the kindness they
have shown him throughout the year.
Mr. Johnson extended a special "thank you" to his wife, Marty, for
her support during these many years.
president Fitz stated she enjoyed working with Mayor Mentor over
the past two years, especially during the time she has served as
Council president, and she will miss him.
PUBLIC RECOGNITION
Mayor Louis Mentor reported on:
1. December 28th, a ribbon cutting ceremony at Mary Ann Harris'
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Yesterday, Todays And Tomorrows.
2. Swearing In Ceremony on Thursday,
in the City Council Chambers.
December 30, 4:00 P.M,
3. December 30, 11:00 A.M., dedication of the Pat Carey Vista, a
new little park.
Mayor Mentor thanked his wife for all the help she has given him
over the past four years and he thanked the citizens for four great
years. He believes Bremerton is a better place to live and many
people view it as a much different town that it was in 1989. He
will miss the Council members and was sorry to see those leaving
who had served so many years. He reminded the Council that the
Mayor doesn't do anything without Council's support. He
appreciates his relationship with the Council that allowed the
accomplishment of the many things that have come about over the
past four years. The City staff, employees and citizen volunteers
have been tremendous and he hoped they will give the new Mayor and
City Council members as much support as they gave him. He wished
everyone a Happy New Year.
Gordy Byrd, P.O. Box 930, reported as of this date he had collected
$14,404.63 towards his shelter for the homeless.
Cecil McConne11, Almira Drive, expressed his appreciation to
Council members Johnson, Waibel, Collins and Horton for the job
they have done for the citizens of Bremerton.
Jim Strait, Kitsap Lake, thanked the three Council members, who are
leaving City Hall, for a job well done. He urged each of them to
let the succeeding Council member know their feelings on issues.
Lena Swanson, 2123 Snyder Avenue, expressed her appreciation of the
individualism of each of the outgoing City Council members. She is
looking forward to seeing how responsive Mayor Horton will be to
the citizens. She also expressed her appreciation to Mayor Mentor
for the street improvements around the City, but she did not have
much sympathy for the boardwalk and does not believe that it will
save the downtown. She is concerned about the safety of citizens
on City streets. She is saddened to see the loss of the tax base
inside the City.
Spencer Horning, Marine Drive, shared that there is "life after
serving on the City Council". He emphasized the money received as
a City Council member is just a stipend for the amount of effort
and expenses that elected officials have to endure. The many
things that have been done are appreciated, as are the times when
a difficult vote has to be taken. He thanked each of the outgoing
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Council members for the sacrifices they have made in order to serve
the citizens of Bremerton. To Mayor-elect Horton he cautioned
don't expect to much to soon from yourself, it will be difficult
but you will make decisions that will make Bremerton a better
place.
Roy McInnls, 2711 Maple Street, stated he has been attending City
Council almost as long as the Council/Mayor form of government was
formed. He's had chances to agree and disagree with some of Mr.
Johnson's decisions, however, as a gentlemen he is one of the
greatest and Mr. McInnis has a lot of respect for him. He and Mr.
Collins have shared a number of discussions on things that took
place during Council meetings. He wanted everyone to be aware that
he was attending and speaking at City Council meetings long before
those meetings were televised. To the incoming Mayor, he believes
with the help of the City Council tactics in the City will change.
A comment that has stuck with him for a number of years, that was
made by a Council member whom he respected, was "the people in the
City don't know what they want".
6A - INTERLOCAL AGREEMENT REGARDING EMERGENCY COMMUNICATIONS AND
OTHER SERVICES, #AB93-251
The attached Interlocal Agreement replaces the Agreement dated July
1990. Funding formulas were not changed. Major elements of change
include: 1) Changing the name of the governing body to "CENCOM
Policy Board" and adding the Sheriff as a voting member; (2)
Replacing the "CENCOM" Operations Board" with two advisory user
groups of the law enforcement and fire service agencies; and (3)
Realigning basic responsibilities and oversight with "the board".
The "edit" copy shows all added, deleted, and changed language.
Mrs. Horton related some of the dynamics that went into the
decision to add Sheriff Pat Jones to the policy board. She urged
Council members to ratify this interlocal agreement, which seems to
be working much better since they have the advantage of Sheriff
Jones' and the user groups technical input on the running of
CENCOM. She urged Council to approve the interlocal agreement as
presented. President Fitz concurred in Mrs. Horton's comments.
Public comment - none.
Mr. Waibel stated when the 1990 document was signed, the need for
the Sheriff's and user groups input was recognized and asked that
it be pursued. Mrs. Hotton noted the subject document is the fine
tuning of the document Mr. Waibel worked on in 1990.
Mr. Overson stated he was surprised that there was not a new
computation of fees included, and questioned if the current
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schedule was adequate? Mrs. Horton noted that was an issue that
was discussed, but' it was felt there needed to be a
separation...make the change to the Policy Board and then come up
with the reformulation of the fee structure.
M/S/C/U(Horton/Waibel) to approve the Interlocal Agreement and sign
the "signature" copy regarding emergency communications and other
services.
6B - LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND
BREMERTON POLICE MANAGEHENT A88OCIATION 1994 - 1996, #AB93-252
The attached Labor Agreement between the City and the Bremerton
Police Management Association has been negotiated in conformance
with Council direction and covers a three-year period beginning
January 1, 1994 and ending December 31, 1996. Changes to the
existingagreement are as follows:
PREAMBLE
ARTICLE 1.
ARTICLE 2.
ARTICLE 3.
ARTICLE 4.
No Changes
DISCRIMINATION ALLEGATIONS No Changes
RECOGNITION No Changes
ASSOCIATION ACCESS No Changes
WAGES Changes as follows:
January 1, 1994: 5% (3%=same as Sgts + 2% to spread
differential between top base Sgt/Cpt to 22%)
January 1, 1995: Same as Sgts + 1.5% to spread
differential between top base Sgt/Cpt to 23.5%
January 1, 1996: Same as Sgts + 1.5% to spread
differential between top base Sgt/Cpt to 25%
ARTICLE 5. HOURS OF WORK' No Changes
ARTICLE 6. VACATION LEAVE No Changes
ARTICLE 7. HOLIDAYS No Changes
ARTICLE 8. SICK LEAVE AND INDUSTRIAL DISABILITY No Changes
ARTICLE 9. OTHER PAID LEAVE No Changes
ARTICLE 10. RETIREMENT BENEFITS No Changes
ARTICLE 11. INSURANCE BENEFITS No Changes
ARTICLE 12. CLOTHING AND UNIFORM CLEANING ALLOWANCE No Changes
ARTICLE 13. PERSONNEL PRACTICES No Changes
ARTICLE 14. ACADEMIC INCENTIVE No Changes
ARTICLE 15. MANAGEMENT RIGHTS No Changes
ARTICLE 16. GRIEVANCE PROCEDURE No Changes
ARTICLE 17. SEVERABILITY No Changes
ARTICLE 18. ENTIRE AGREEMENT No Changes
ARTICLE 19. CONFLICTING PROVISIONS No Changes
ARTICLE 20. TERM January 1, 1994 - December 31, 1996
APPENDIX A. WAGE RATES (See Article 4)
APPENDIX B. POLICE OFFICERS BILL OF RIGHTS No Changes
Caroline Marshall, Personnel Director, noted Council had reviewed
the proposed changes to the labor agreement in Executive Session
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and the agreement was negotiated in accordance with City Council
direction. She recommended approval of the agreement as presented.
Public comment - none.
M/S/C(Collins/Colvin) to approve the Labor Agreement by and between
the City of Bremerton and the Bremerton Police Management
Association for the period January 1, 1994 through December 31,
1996.
Vote on motion:
Motion carried.
In Favor:
Opposed:
Overson, Waibel, Horton, Waibel,
Fitz, Collins, Dawkins, Colvin
Johnson
6C - AMENDING CONTRACT FOR CONFIDENTIAL EXECUTIVE SECRETARY, LEGAL
ASSISTANT, AND BENEFIT 8PECIALIST, #AB93-246
There are five confidential employees not represented by a
bargaining unit nor included in the Management Compensation Plan.
The Payroll Specialist received Counsel approval for the payment in
lieu of medical coverage provided for in the Management
Compensation Plan. The Legislative Assistant is similarly being
provided this benefit in her 1994 contract amendments. The
remaining three employees have requested this benefit be added to
their contracts. Proposed contract language is attached.
Kathleen McCluskey, City Clerk, stated at the previous Council
meeting a question was raised: "will Kitsap Physician Service
(KPS) reinstate, upon request, City employees wishing to return to
the KPS Plan, if they should lose their outside coverage?". KPS
answered "yes" and a letter will be forthcoming stipulating that
response. It is the employee's responsibility to let the City know
when and if their outside coverage lapses.
Public comment - none.
M/S/C/U(Johnson/Waibel) to approve amendments for payment in lieu
of medical plan contracts for Confidential Executive Secretary,
Legal Assistant, and Benefits Specialist.
7A - ONDINAMCE NO. 4441 (SECOND READING) AMENDING THE 1993 BUDGET,
#AB93-247
Public comment - none.
M/S/C(Johnson/Colvin) to pass Ordinance No. 4441, on second
reading, amending Ordinance No. 4433 relating to the budget of the
City of Bremerton for Fiscal Year 1993.
Vote on motion: In Favor: Overson, Neville, Horton, Fitz,
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Motion carried.
Abstain:
Collins, Dawkins, Colvin, Johnson
Waibel
7B - ORDINANCE NO. 4442 (SECOND READING) CHANGING UTILITY RATES,
CREATING A STORMWATER FUND, AND AUTHORIZING GENERAL STORMWATER
CHARGES, #AB93-248
Eddy Chu, Public Works and Utilities Director, stated in response
to a question that was raised at the previous Council meeting
regarding funding the settled lawsuit by either Utility rate
increase or tax levy, he prepared a memo that outlined the
advantages and disadvantages. His analysis resulted in the fact
that a tax levy assessment would be complicated to administer and
a public vote would be needed to authorize the City to implement
such a levy. And, in response to whether or not Ed Rollman
qualifies for low income disabled water rate and/or an appeals
process, he was pleased to report that Mr. Rollman has been
approved for the low income disabled rate as of December 14, which
was prior to the date he came before Council concerning his case.
Due to the bi-monthly billing, Mr. Rollman will not see a change in
his service until after January 1994. President Fitz questioned
who would the citizens contact to determine if they qualify for the
low income disabled rate? Mr. Chu stated inquiries can be made to
Customer Service 478-5318 or 5316. Mr. Colvin noted this seemed to
be a fiscal matter and should be addressed by the City Treasurer.
President Fitz noted the City Treasurer was on vacation. Kathleen
McCluskey, City Clerk, pointed out the City's consultant Tom Gould
could respond to financial concerns. Tom Gould, Economic and
Engineering Services, concurred with Mr. Chu's presentation on the
disadvantages and advantages of a property assessment. He believes
the revenue bonds are the most equitable from the customers'
standpoint. The reason he supports that position is the fact that
most of the funds needed will be going towards plant improvements
and from a users perspective you would want to share the cost over
the life of the plant with those using the plant. The
disadvantages that Mr. Chu pointed out if a G.O. type bond were
used are quite significant. The one concern he would have using a
G.O. bond is that the City does not have any property taxing
authority for customers outside the City and some type of
mechanism would have to be developed to deal with that situation.
Mr. Colvin wanted to know what is' best for the citizens of
Bremerton, who live inside the City. Mr. Gould stated he believed
the use of Revenue Bond were the most equitable approach and that
was why they recommended that approach in their study.
Mr. Collins commended The Sun on the most recent newspaper article
on the proposed rates.
The following individuals spoke on the issue of increased Utility
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rates:
Lena Swanson, 2122 Snyder Avenue: (1) cost of settlement of Utility
lawsuits do not have to come out of the Utility Fund. (2) That a
decision be postponed until new City Council members are brought on
to the City Council and given an opportunity to orient themselves
on this issue. (3) Navy needs to pay their fair share Considering
the fact that Navy Yard workers use City Streets and the Navy
contributes zero dollars as far as a tax base. (4) Sewer
improvements in the Warren Avenue and Callow Avenue basins should
be paid for by the people who benefit from those improvements. (5)
Odor protection was included in the initial design of the sewer
treatment and proper research by City staff should disclose that
point. If the design was included, why can't it be brought up at
this time and implemented? (6) If a vote by the Council is taken
at this time, a citizens initiative will be initiated so that it
comes before the vote of the people to deal with this issue in a
different manner. (7) Willing to work with the City Council to
find a better way to address Utility financial needs. (8)
Technical explanations should be in layman's terms so that it is
easily understood.
Mary Lou Long, Baymont Place: (1) problem with the wording in the
ordinance as to where the collected funds will be used (referenced
Item 3.4.42,010- Fund Created) and should be specifically stated
"for the construction of the system". (2) There are people in the
City who have already paid for stormwater separation, now they will
be asked to pay an additional rate added onto their wastewater
charges. (3) Doesn't the City know exactly how many Utility
customers there are? (4) Did not want 6% City tax tacked onto
utility rates. (5) Would vote for ULID instead of increased
Utility rates. (6) Give a breakdown of the $6.00 base charge.
(7) Newspaper articles on the issue of rates increases have been
confusing. (8) City spent funds on other property purchases that
could have been used to resolve odor problem at the sewer treatment
plant.
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Mark Fisher, new City resident: (1) City over taxing residents.
(2) Rate plan smells as bad as the sewer treatment plant. (3)
Employees only receive 2-3% annual pay increases...not 30+%. (4) If
citizens have to live within their means then the City should live
within its means.
Lori Muntford, 2224 Perry Avenue: (1) last sewer/water bill was in
the amount of $316.00/two months for a family of four. Normally,
her bill is $135.00 for a two month period. (2) Do not understand
what she is receiving for her money. (3) No one should get $25,000
for smelling something bad once in a while.
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Brian Mueller: (1) City Council is not doing a good job nor doing
what is right for the City. (2) When lawsuit with the Navy Yard
City residents was brought before the City Council how many on
Council wanted to settle the suit, wanted to work with the owners
/or wanted to take it to court? And, When the decision was made to
fight the lawsuit was it based on the advice by the City Attorney?
President Fits responded that the City did not go to court but did
go to mediation. Mr. Waibel stated at each point in this process
the City Council always tried to make the cost to the rate payers
the least. Ian 8ievers, City Attorney, stated before going to
mediation an offer was made to implement plant fixes and that
settlement proposal from the City was rejected. Mr. Mueller asked
if that was prior to contracting out with an outside law firm? Mr.
Sievers stated it was shortly after obtaining an outside legal
counsel. Mr. Mueller's comments continued: (3) Why did the City
hire an outside attorney to defend the City against the City
residents and what was the final bill for the outside law firm? Mr
Slevers responded the outside attorney's bill reflects the number
of hours during 1+ years that the City retained them . This case
was very complex and required a lot of hours in "discovery" and
they had a litigation team consisting of more than two attorneys,
who at times were working pretty much full time on this case. The
reason why the City sought outside counsel was due to the City not
having enough inside counsel to maintain the normal work load. The
City's cost for this outside counsel amounted to approximately
$500,000. Those attorneys are still under contract while they
research outside sources of restitution for the amount the City has
paid. Mr. Johnson pointed out there are larger costs of
improvements to be made that are mandated by the lawsuit filed by
the Puget Sound Alliance, implementation of the Stormwater Utility
and pursuing avenues whereby the City may have some resource to
recover funds from other people involved in the wastewater
treatment plant construction. (5) Question - has a second suit has
been filed by other members of the general area of Navy yard City?
Mr. Sievers responded "no". (6) If the proposed repairs to the
sewer plant don't work, will the City hire another outside counsel
plus be faced with additional lawsuits? Mr. Sievers responded in
the event of a second lawsuit over the odor from the sewer
treatment plant, the claims would be much smaller than the first
lawsuit because there is less at stake, discovery as to cause of
odor has already been completed, which would apply to any future
claims, and the statute of limitations would limit the number of
years for which the City would be exposed to claim for persons that
file in the future. (7) Does the City have a percentage required
for treatment of the Navy's generated sewer service and the
residents of Bremerton? (8) Do City residents pay equivalent to
what the Navy pays for sewer services. Mr. Chu responded currently
the Utility is working with the Navy for their share of
contribution. At this point, the current contract allows the City
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to collect 25% from the Navy for cost of improvements to the sewer
treatment plant. Also, the Navy's flow is about 1/3 of City
residents/businesses contribution to the treatment plant. (9) Three
weeks ago Mr. Mueller requested that the City request the Attorney
General's office to investigate the Utility's funding, operation of
the sewer treatment plant, liability of elected officials (past and
present). Has the City contacted the Washington State Attorney
General about doing an independent audit or investigation on
Bremerton's sewer plant and/or utility rates? Mr. Sievers stated
he was almost certain the Attorney General's office would decline
to accept the City's request to have that officer work on
evaluating potential claims this Municipal corporation has against
anyone. They are not funded to perform that task and they work for
the State Legislature and are an Agency of the State. Mr. Mueller
asked Mr. Sievers if he had any intention of calling the State
Attorney General? Mr. Sievers stated not unless it involved
misappropriations or violations of finance laws of the State then
the Attorney General's office would get involved through the State
Auditor. Mr. Waibel pointed out any citizen can ask the Attorney
General to investigate something, however, what Mr. Mueller is
wanting is not a task they will perform. Mrs. Horton explained in
this state the State Auditor and Attorney General function is to
investigate malfeasance in office. Malfeasance means that there
are laws that were broken in conduct of business. Someone gained
financially, there was graft, corruption, etc. Misfeasance is
simple on a level of incompetence or that a job was not carried out
properly. Mr. Mueller questioned if the Council members were
incompetent or willfully violating laws? Council's response was
"neither". Mrs. Horton explained that as a result of consultants
reviewing the operation of the sewertreatment plant, there is no
possible way to point at one thing or at one person and say that
caused the problem. Mr. Mueller stated he and many others are
concerned that many mistakes were made from the original design up
to today when everyone is trying to figure out how the citizens of
Bremerton will pay for those many mistakes. Mr. Horton emphasized
at the time decisions were made it was not construed as a
"mistake", the plant was designed specifically to have a long
conveyance system. If there had been some way to see into the
future that there would be odor problems associated with the long
conveyance system, then at that time shorter conveyance systems
could have been implemented. Mr. Mueller asked if anyone on the
City Council had reviewed the original sewer treatment plant plans
to see if the odor control devices were included and if not should
they now be included or that there never was odor control plans
included in the design? President Fitz stated she was not an
Engineer and would have no idea what to look for if she did review
them. Whether or not the odor control devices built into the
system were pertinent to today's technology is something that must
be addressed by engineers who have the expertise in that area. Mr.
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Mueller asked if Mr. Chu or anyone on his staff had been asked to
look at the original designs relating to odor control? Mr. Johnson
stated he has no recollection of deleting any odor control system
in the plant. If Mr. Mueller is asking that he prove a negative
proof, which is impossible, he has better things to do with his
time. Mr. Mueller asked that Council tell the people what was in
the plant at the time it was originally designed and built.
Cecil McConnell, Almira Drive: (1) Question: if the City had not
become self-insurance, would that previous insurance policy covered
any of the charges that are being assessed against the City through
the lawsuits? Mr. Sievers explained the City did have insurance
policies throughout the period of exposure after the plant was
built to the present time. During this period of time, insurance
companies were routinely writing in pollution exclusions in their
policies. All of the policies the City had since 1985 to the
present contained that exclusion in various forms. There may be
possibilities of finding coverage under some of these policies and
the City is investigating that possibility. Kathleen McCluskey,
City Clerk, assured Mr. McConnell that the City was never uninsured
in the liability exposure. Mr. McConnell questioned if the City
had a fund that would handle this kind of contingency? Ms.
McCluskey explained the City has an insurance reserve fund that is
established to handle those items that fall within the self-insured
retention for items, but it does not cover pollution and those
things excluded by the insurance companies. The City's self-
insurance fund is not dedicated to cover the kind of exposure due
to the treatment plant because there was no coverage for pollution
exposure. Mr. McConnell questioned the length of time the increase
in rates will last and will there be more increases in the future?
President Fitz stated there are no more increases planned. Mr.
Overson pointed out there has been pressure put on municipal
governments for filtration of drinking water and if that prevails,
it will cost the City millions of dollars, which is not a part of
this proposal. Mr. McConnell questioned if the City received grant
funding or funds from one of the entities involved, would that
reduce the rates being charged the rate payers? President Fitz
stated if the City received funds from such a source, serious
consideration would have to be given to the best way to utilize
those funds...pay it directly on to the bonds, buy another piece of
equipment, etc. Mr. McConnell questioned the source of funding to
cover the $300,000 approved by the City Council for the West Kitsap
Lake ULID? President Fitz stated the City will be going out for
bonds to cover the Utility's financial needs and that would be a
portion of the'bond request. Mr. McConnell stated he preferred
paying for the lawsuit settlement, not for the W. Kitsap Lake
project. In reference to the Stormwater Utility, he felt putting
in stormwater storage tanks would be cheaper and accomplish the job
as well. Not one drop of rainwater on his property goes into any
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December 29, 1993
Page 13 of 18
sewer line due his residence being located below the street level.
He questioned what good does it do for the public to come to a
Council Study Session if they are not allowed to give input? If
Council has retained that policy, then the public should not be
chastised for not attending those Study Sessions. President Fitz
stated that Mr. McConnell had asked questions and/or made comment
at Council Study Sessions. Mr. McConnell stated he interpreted a
Public Hearing as a time when the public can give their input on a
particular subject without Council taking a vote following public
comment. President Fitz stated she was sorry that when she spoke
earlier about three public hearings she really meant the public
would have three opportunities to comment on the rate change issue.
Del Knauss, Olympia Avenue: (1) requested Council to postpone this
item until a proper hearing could be held with the key players
present, such as Department Of Ecology/Kevin Fitzpatrick and Lori
Frickey, State Representatives Paul Zellinski, Tim Sheldon, Betti
Sheldon, etc., Congressman Norm Dicks, Senator Patty Murray.
(2) On December 22 the City council urged the public to contact
their State representatives and other officials. Mr. Knauss called
the DOE and talked with Kevin Fitzpatrick about the problems with
Bremerton's sewer treatment plant and sewer system. Mr.
Fitzpatrick stated the biggest problem at the sewer plant was
industrial waste. He also stated Bremerton is not truly separating
all stormwater from its wastewater; and Bremerton should be
eligible to receive Federal matching funds. Lori Frickey, DOE,
stated she thought Bremerton had applied for a grant to help fund
the improvements. Representative Tim Sheldon offered to look into
RCW's 90.48 and 90.70 to see if they caused undue problems for
Bremerton. Representative Paul Zellinski stated he would willing
to set down with local officials and discuss Bremerton's sewer
plant problems, if he was invited. Mr. Zellinski also noted that
recently when the legislators met with the City's elected officials
there was no discussion about sewer plant problems.
Ruth Davies, Park Avenue: (1) Soon she will be paying more in sewer
rates than her house payment. (2) Explain what the $6.00 base
charge will buy. Tom Gould, Rate Study consultant, stated the
recommended charge is $6.00 hi-month and would pay for the cost of
meter reading, billings, some administrative costs and a portion of
the debt service. Typically, those types of costs comes to $3.00
per customer per month. (3) Don't mix the lawsuit settlement with
improvements to the sewer plant and sewer system. (4) A statement
was made by Mrs. Horton that she would not follow the Puget Sound
Alliance Decree. Mrs. Horton stated for clarification that if it
was to the City's benefit, she would like to try and renegotiate
those Decent Decrees. There may be better and more cost effective
ways to attain the same goal and if that is the case, she would
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Page 14 of 18
like to look at those options through renegotiations. She will
comply with the Decree as it stands unless there is some way to
renegotiate to the benefit of the City. (5) Is it true that in
fall of 1992 there were approximately two millions dollars
available from one of the funding agencies, but due to the City
Council not acting promptly the funding was lost? President Fitz
noted the City applied for every available grant, however, the City
was turned down through that effort. Mr. Johnson noted he recalled
there was a grant, in the amount of $25,000, for some type of
beautification project. (6) Doesn't feel welcome at City Council
meetings and doesn't feel that anyone on the City Council
represents her. (7) Council members should have had meetings
within their districts to discuss the potential increase in utility
rates prior to it coming before Council for a vote.
Robin Henderson: (1) Not many people are showing their interest in
rates being raised by attending City Council meeting. (2) Through
body language and facial expression City Council members show lack
of interest in people speaking before them.
Jack Lefcoski, W. Kitsap Lake Road: (1) City Council is interested
in comments from the public, however, those speaking should provide
constructive comments.
Maz7 Lou Long, Baymont Place: (1) City Council should give the
citizens a fair shake and give them the opportunity to vote for or
against a ULID for stormwater separation. (2) If a ULID process
was used to pay Utility debt service, citizens could use that as a
tax write off. (3) How many full time attorneys could have been
hired for what the City paid out to outside counsel for the sewer
odor related lawsuit?
Ruth Reese: (1) recommended waiting 60 days before taking a vote on
this issue. (2) Why would anyone want to come to a Council Study
Session if they aren't allowed to give input?
Jack Lefcoski: (1) supported the proposal to postpone voting on
this issue, however, by delaying three of the City Council members
would no longer be serving on the Council. He noted the three new
elected City Council members were not present at this meeting. He
suggested that the outgoing Council members be drafted for a
Council Study Session and/or Executive Session to take part in the
discussions (not voting). Mrs. Horton stated Council and staff had
many discussion about how to formulate hearings on this issue and
had discussed the use of the three retiring Council members, but
they questioned why would they want to take more abuse. Mr. Waibel
pointed out his replacement, John Law, had attended the meetings on
this issue and Mr. Waibel offered to provide him any information he
could on this topic. If people attacked City Council members
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City Council Reg. Mtg. Minutes
December 29, 1993
Page 15 of 18
personally, he felt that was abuse and not the American way.
Eileen Anders-Newland stated if the citizens of Bremerton feel that
the City Council members are not doing their job correctly it is up
to them to speak out.
Brian Mueller: (1) It is not for each and every Council member to
make their choice, they should be voting the way the people in
their respective districts want them to vote. (2) Not one resident
has come before Council and requested them to vote for the rate
increase.
Mr. Colvinquestioned what would happen if Council postponed voting
on this issue for one more week? Mr. Sievers stated it may have a
financial impact but it is not a legal issue and Council would not
be violating any law. Mr. Colvln supported the idea of allowing
the citizens additional time for further review. Mr. Collins felt
further delay could have a very big impact on the City if it does
not address obtaining a source of funding for the monies needed.
He emphasized, for the public's edification, that the City has been
in litigation on this particular issue for over two years with
constant update information being provided by the City Attorney,
outside counsel and consultant engineers. He can recall that over
the past seven years Council has been provided information on how
the odor problem and sewer system needs were being addressed. Mr.
Mueller pointed out it wasn't until the sewer odor related lawsuit
was settled that the City came out with the dire need to raise more
funds to pay off the debt and to fix the CSO problems. All of the
problems identified and requiring financing have been known by the
City for several years. Mr. Waibel pointed out the City has been
in the process of making improvements to the sewer plant and sewer
system during the eight years he has served on Council. Mr. Mueller
asked what has been done to solve the odor problem .... the smell
still exists? Mrs. Horton explained at the time the Puget Sound
Alliance lawsuit came about the City had already adopted a CSO Plan
to start construction on the Warren Avenue Basin project in July of
1994, plus work had gone into the design of the Callow Avenue Basin
project. However, Puget Sound Alliance was not satisfied with what
the City had already completed, sued the City and the settlement
was the Decent Decree that lists what has to be done and dates by
which they must be completed. Although the City's CSO's are higher
than what the State allows, staff has been working with the
Department of Ecology to come up with a plan that could be
implemented. The City has very few options: (1)are the wastewater
costs passed on as a rate increase; or (2) is a ULID project
established?
TAPE #1164
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Mr. Waibel stated eight years ago the citizens were hit with a huge
increase to pay for a secondary treatment plant that the City was
mandated to build. At that time, Council did not want to increase
the rates again another 100% on top of what was already being
charged to address the other needs that are being addressed at this
time. If a mistake was made, it was probably not raising the rates
5-10% annually. No one seems to consider the relative rates...such
as rate increases for electricity. Sewer rates have been
artificially low in the City because Council didn't want to raise
them, but now the City is being forced to do it faster than they
had wanted.
David Boynton stated he believes there has been a communication
problem betweeh the City and City residents. He questioned if the
City Council could vote on a particular section of the ordinance to
cover the debt incurred by the sewer odor related lawsuit and hold
further discussion on the issue of "rates" for the next two weeks?
President Fitz questioned if the City Attorney felt the City would
be adversely impacted by delaying action on rates? Mr. Sievers
stated delaying would have an impact on borrowing needed funds and
he doubted it would be in the best interest of the City to borrow
a portion of what is actually needed. Mr. Collins mentioned if the
City falls behind on construction schedule on the air quality issue
PSAPCA, who is part of the Consent Decree, would issue daily fines.
There is a deadline on second payment of the lawsuit settlement
even though there is a three month flexibility, but the City is
charged interest if that first month's payment is not paid, which
would be unnecessary costs that could have been avoided by having
the bond issued now.
Mrs. Horton questioned the City Clerk how difficult a task would it
be for her staff to implement a ULID to cover the subject costs in
addition to development of a County rate for those residents
receiving City services but live outside the City limits? Kathleen
McCluskey, City Clerk, stated she believed it would be very
difficult to determine what the rate would be for Country residents
verses the ULID rate for City residents and accounting for the
separate rate structures. It would be far more difficult than a
usage based rate. Mr. Waibel pointed out before a ULID could be
formed it would have to be voted on by the City residents. Mr.
Overson brought up the possibility of approving the increased rate
now and converting it to a ULID later, if that was desired. Mr.
Sievers stated he believed that was a possibility and felt it could
be built into the bond issue. Tom Gould pointed out issuing a
Revenue Bond costs a significant amount of money and if six months
later the City decides to issue a GO Bond, those costs would also
be incurred, plus the cost of holding an election on the ULID
issue. He did not feel it was a wise .financial move for the City
to take such action. Mr. Johnson stated he felt it was totally
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City Council Reg. Mtg. Minutes
December 29, 1993
Page 17 of 18
inappropriate to use GO Bonds for a rate payer based utility,
particularly since the City's GO Bond capacity is already used up.
Mrs. Horton stated she felt Del Knauss had a good point about
gathering the involved agencies and State legislators together with
the citizens and City Administration/Legislative members to talk
about mandates being made on municipalities and how they impact the
citizens. She welcomed the opportunity for City residents to ask
the mandating agencies questions and she also sees the need of
better educating the public as a City responsibility. President
Fitz supported this idea and would make every effort to put
together such a meeting in February/March of 1994. She did discuss
funding needs with Congressman Norm Dicks, who offered his
assistance in looking at possible funding sources.
Mr. Neville stated he did not feel it would serve any purpose to
delay making a decision until the new Council members are seated on
this issue. He strongly supports conveying information back to the
residents through community meetings.
Mr. Overson referenced an earlier comment about people from outside
the City driving on City streets and how they don't maintain them.
To set the record straight, many streets within the City are
maintained by state and federal funds as opposed to City funds.
Mr. Colvin stated he was strongly in favor of delaying any action
because of the concerns and questions raised by the people during
this discussion. He was encouraged with earlier comments that
possibility something could be done later to ease the overall
impacts of the increased rates. Mrs. Horton noted in response to
Mr. Colvin's comment, she was not sure there was anything the City
could do considering Mr. Gould's comments that forming a ULID at a
later date would be more costly than just going ahead with a rate
increase. Mr. Colvin stated he was looking more towards obtaining
some kind of grant funding. Mr. Collins pointed out the City is
already in the process of looking for outside funding.
#1244
M/S/C(Collins/Johnson) to pass Ordinance No. 4442, on second
reading amending fees, rates, and charges for utility services;
establishing a separate Stormwater Operating Fund and separate
stormwater rates; and amending Ordinance No. 4319 and Title 15 of
the Bremerton Municipal Code.
Vote on motion:
Motion carried.
In favor: Overson, Neville, Horton, Fitz,
Collins, Dawkins, Colvin, Johnson
Abstain: Waibel
#1244 M/S/C(Collins/Overson) that within six months of the new
#1255
#1263
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administration a Utilities Board be established, if appropriate.
Mrs. Horton asked the City Attorney's opinion if six months was a
reasonable period of time to develop the necessary legislation.
Mr. Johnson called for a point of order on two points: (1) late in
the evening to engineering from the podium; (2) would this fall
into the category of things where one Council would be binding a
future Council to an action? Mr. Sievers explained it would be
just setting something on the agenda and his interpretationof the
motion is that it is desired to have it in place within six months.
M/S/C(Johnson/Waibel) to table this item for one week.
Vote on motion:
Motion carried.
In Favor: Overson, Neville, Horton, Waibel,
Fitz, Dawkins, Colvin, Johnson
Opposed: Collins
Item 7C: General discussion by Council revealed that a number of
unanswered questions about funding sources were not addressed in
the supporting documentation and could not be addressed at this
time due to the absence of the City Treasurer. The general
consensus of the Council was to delay action until the information
could be provided.
M/S/C(Horton/Johnson) to table items 7C and 7D for one week.
Vote on motion:
Motion carried.
In Favor: Overson, Neville, Horton, Waibel,
Fitz, Collins, Colvin, Johnson
Opposed: Dawkins
With no further business meeting adjourned at 9:52 P.M..
KATHLEEN McCLUSKEY, City Clerk
~EILEEN FITZ, Council President
City of Bremerton
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