HomeMy WebLinkAbout11/17/93TAPE #1151
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
NOVEMBER 17, 1993
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, November 17,
1993, at 5:30 P.M., with Council President Eileen Fitz
presiding. Council members present were Richard Neville, Lynn
Horton, Hank Waibel, C.R. "Tiny" Collins, Morrie Dawkins, Lon
Overson, and Al Colvin. Councilman Russ Johnson was absent.
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 A.L.
Baunsgard of Hillcrest Assembly of God.
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.
#0018
M/S/C/U(Colvin/Waibel) On November 17, 1993, the Council does
approve for payment those vouchers included and further
described as follows: 171020 through 171140 in the total
amount of $322,674.16.
COUNCIL MEMBER REPORTS
Mr. Colvln stated he invited a representative from NARFE to
explain the services of that organization, which assist
retired Federal and non-Federal employees. Margaret Jensen,
Service Officer for NARFE (National Association of retired
Federal Employees), stated Chapter 181 in Bremerton consists
of over 3,000 members and is the second largest chapter in the
United States. As a result of that, they have a great deal of
input from this locality that includes PSNS, Bangor, Retired
Navy personnel, Keyport, U.S. Postal workers and any other
Federal organization that they service. They are dedicated
volunteers and currently staff an office located on First
Street in Bremerton on Tuesdays and Thursdays 12:30 P.M. to
2:30 P.M. Ms. Jensen viewed the benefits of the organization
as they relate to publications and memberships. she also
TAPE #1151
City Council Reg. Mtg. Minutes
November 17, 1993
Page 2 of 10
emphasized their lobbying capabilities through the large
number of members and their active participation in
legislative affairs. This lobbying effort keeps the needs of
retired employees highlighted and provides a conduit for
information to flow back and forth between the membership and
the Federal government. NARFE volunteers assist people with
the retirement process as well as those who must pursue death
benefits when a spouse passes away. She emphasized their
appreciation of PSNS for their providing office space and
supplies to carry out their work. The membership fee to join
NARFE is $15.00 per year. Mr. Colvin noted his wife decided
to join NARFE because of the information that can be obtained
through them. Lastly, he congratulated the Mayor on the 4th
Street project and how beautiful it will be during spring time
when the bulbs and flowers are blooming.
Council member Lynn Horton jointed the City Council meeting at
5:45 P.M.
Mr. Collins stated a person asked him about the city's sale of
the Meadowdale land and asked the City Attorney to give an
update on action taken relating to that site. Ian Sievers,
City Attorney, stated he did not have enough information at
this time to give Mr. Collins an answer. He would look into
the matter and provide Mr. Collins a written response.
Mrs. Fitz stated she attended the Kitsap Regional Council
meeting on November 16, where CDBG Block Grants were awarded
to the different social service agencies and municipalities
for projects. She was please to report $625,000 grant funds
were approved to renovate the Elks Building, $215,000
Weatherization grant was awarded KCAP to assist low income
people weatherize their homes. Along with that $215,000 grant
are State matching funds, which double the size of the
weatherization grant. A grant of $50,000 was awarded to the
Economic Development Council and $90,000 was awarded to the
Admiral Theater restoration project. She noted the CDBG
Block Grant awards process was difficult due to the large
number of applicants and the limit of funds available. She
applauded the committee that made the selections from the
submitted applications.
PUBLIC RECOGNITION
Mayor Louis Mentor reported the ribbon cutting ceremony for
the 4th Street project was held Tuesday, November 16, at 4:00
P.M. He was pleased with a fairly large crowd for this event
and the weather cooperated with a beautiful day. On December
4th a tree lighting ceremony will take place on 4th Street in
front of City Hall. He had the opportunity to participate in
TAPE #1151
City Council Reg. Mtg. Minutes
November 17, 1993
Page 3 of 10
a conference, held in Bremerton, that brought groups similar
to Kitsap Community Action Program to this area. That
conference brought approximately 60 people in to the Bremerton
area to view KCAP's program and to see what was happening in
the Bremerton area. In reference to the Block Grant funding
award, he noted the Elks Building project was actually awarded
$300,000, which is part of a 4.5 million dollar project that
would save one of the last real old brick buildings located in
the County. He was pleased to report the City received
$30,000 in CDBG Block Grant funds for amenities on the 4th
Street project, which will include a Kiosk, street clock,
drinking water fountain. Also, additional individual
contributions have been received for the 4th Street project,
which is coming in under budget. Between coming in under
budget and receiving the $30,000 grant and getting individual
and civic organizations contributions, the possibility of
getting a real water fountain is getting closer. A final item
that he hopes can be funded for the 4th Street amenities is a
portal at 4th and Washington Avenue, which would draw people
from the waterfront up to the downtown core. Other grant
recipients were $90,000 to the Admiral Theater, a $215,000
Weatherization grant to KCAP and $32,500 to the Warren Avenue
play field to put in handicapped equipment for kids to play
on. Also, the City received an $18,500 grant for
accessibility projects in City Hall. The following human
services also received grant funding: Chuck Wagon, Bremerton
Food Line, YWCA, Youth Care, Kitsap Youth Services, Big
Brothers, Big Sisters, Community Clinic, Sexual Assault,
Kitsap Mental Health Services, Tenant Assistance from KCAP
Homeless Management, Literacy Council, Helpline House,
Peninsula Services for job development, AGAPE for counseling
and Skills Center for Blacks In Government, etc. He pointed
out Bremerton received a good portion of the grant funds, as
it should, since many low income City residents require
assistance from the social service organizations. He
encouraged everyone to enjoy the new 4th Street.
Gordy Byrd, P.O. Box 930, reported as of this date he has
collected $14,415.32 towards his shelter for the homeless. He
related an incident that happened to him at Harrison Hospital
when he tried to visit a friend of his who was a patient
there. He felt he was treated very inappropriately and even
though he received an apology, he expected much more from
Harrison Hospital Administrative staff.
Don Larson, President Washington Scuba Alliance, reported in
September, a 114 ft. Coast Guard vessel that was privately
owned sunk in Phinney Bay and several diving groups explored
it. He contacted the owner of that vessel, who indicated they
i
TAPE #1151
City Council Reg. Mtg. Minutes
November 17, 1993
Page 4 of 10
were interested in donating the vessel to the State or non-
profit organization just to get out from under the ownership.
Senator Bob Oke has written to the Department of Natural
Resources (DNR) and State Parks to see if they would accept
that vessel as an underwater park. He did note that a buoy
was needed to mark the site. He also noted the DNR was
thinking about having that vessel moved from that location
because it could be a navigation hazard at low tide. He has
been in contact with Congressman Norm Dicks and Senator Slade
Gorton and both of them have reassured him that they will try
to assist in securing a naval vessel for an underwater park.
He received a letter from the Chief of Naval Operations in
response to Congressman Norm Dicks' letter stating it was
highly unlikely that a submarine would be offered as an
underwater park due to environmental and security concerns.
When the question was asked if part of a submarine could be
donated, they indicated no, however, they referred him to the
Department Of Transportation Maritime Administration. Senator
Oke also sent a letter to the Chief Of Naval Operations
explaining his background in working with the Underwater Parks
bill and asked if another naval vessel could be obtained. Mr.
Larson emphasized because Bremerton is such a Navy town it
would be a real asset to have a naval vessel. Previously,
Council asked him to provide some statistics on the value of
having an underwater park. He is preparing a package of
material that will include some data developed by Tourism
B.C., who estimated the value to tourism between 1-2 million
dollars per year from scuba drivers coming to their area to
dive at the underwater ship sites. Information from Dade
County, Florida reflects the value of their underwater vessel
wrecks at 17-128 million dollars.
Robert Ackerman, 3706 Arsenal Way, stated he was glad the 4th
Street project is complete so he doesn't have so far to walk
to City Hall. He was hoping the City will find funds in the
1994 budget to fix some of the potholes on Callow Avenue and
several other west Bremerton streets.
Shannon Cook, 256 Burwell, Apt. 202, stated it was good having
Mr. Waibel back this week. And, she loves the way 4th Street
looks now that the construction project is finished. She and
a friend took a ride in the open horse drawn carriage and it
only cost them $5.00 per person.
President Fitz acknowledge the presence of Boy Scout Troop
1505 from the Manette area.
6A - PUBLIC DEFENDER CONTRACT - W. DAVID ROVANG, #AB93-215
Staff recommends approval of a professional services contract
TAPE #1151
City Council Reg. Mtg. Minutes
November 17, 1993
Page 5 of 10
with the law office of W. David Rovang for public defender
services for the period 1994 - 1996. The 1994 fee is $110,000
based upon an average 1,140 cases per year (95 per month). In
addition, we would pay one-half of one-time start up costs in
the amount of $2,350. The contract is for a period of three
years commencing 2/01/94 and terminating 12/31/96.
Compensation is re-negotiated annually based upon: a) cost of
living factors; b) past agreements of the parties for
comparable work performed; c) comparison to reasonable cost
projections by the City of provision of in-house public
defender services; and d) overhead and expense of attorney in
rendering the services. The current public defender contract
cost the City $146,576 in 1992 and is estimated to cost
$145,908 for 1993. Cost of in-house public defender in 1994
is estimated to be $113,351, not including overhead for
management, office space, utilities, etc.
1.5 Attorneys $ 47,188
25,779
i Clerical 29.084
$102,051
Office/Operating Supplies $2,500
Phone 1,000
Travel/Miscellaneous 1.500
$5,000
SUB-TOTAL: $107,051
One time capital desks
chairs, computers,
typewriter, calculator $ 6,300
TOTAL: $113,351
COMPUTERS OFFICE
1500 (436) 2Desks
1500 (436) 2 Chairs
400 Printer Typewriter
265 (x2) WP Calculator
325 ( 1 ) Lotus Miscellaneous
$4,300 $2,000
Kathleen McCluskey, City Clerk, stated she included in
Council's packet an estimate of cost for in-house public
defender services, detailed as to what would be needed to
provide it as a staff person; and also showed the numbers of
cases and cost provided by the prior contractor for the prior
TAPE #1151
City Council Reg. Mtg. Minutes
November 17, 1993
Page 6 of 10
two years. The current contract will expire the end of
January 1994. She noted if this proposal is approved, the
contract time would be one month short of three years. Mr.
Rovang would standby for any questions Council may have.
During the pre-Council meeting she provided a handout that
included a paragraph that the City Attorney wished to include.
The language added is an arbitration clause in the event the
City and Mr. Rovang could not reach a negotiated agreement
considering the contract is renegotiated each year. Because
the number of cases varied from year-to-year, the contract was
left open so it could adjust upward or downward depending on
the case load.
Mrs. Horton questioned if the City's Risk Manager concurred
with the $300,000 figure? Ms. McCluskey stated yes and the
amount shown is the same as in the prior contract.
Mr. Overson noted in the documentation Ms. McCluskey lists
some computers that will be procured and questioned the
numbers shownin the left hand column? Ms. McCluskey stated
that information would apply if the City provided in-house
services, not under Mr. Rovang providing the services. A
letter from Mr. Rovang is included in the packet and it shows
the equipment he is providing with the City paying 1/2 the
cost. Mr. Overson noted this proposal budgets $112,500 per
year and the intent is that it will cover the total cost. He
felt there was some confusion between the City's estimate,
which did not cover overhead management, and Mr. Rovang's
estimate. Ms. McCluskey explained the City's estimate for an
in-house Public Defender program included just the fixed
costs. She pointed out there will be no overhead in
management of the Rovang contract. The note that says this
figure does not include overhead and management for in-house
was just a comparison note. Mr. Overson stated without a
figure it is no comparison. Ms. McCluskey explained if the
City provided in-house Public Defender Service there would be
full time staff and they would not be able to function in the
in-and-out space that is currently provided to the outside
contractor. The reason she did not go further with the
comparison figures was the fixed cost for in-house would be
$113,000, which is a higher cost than Mr. Rovang's service.
If an overhead cost is desired, she estimated that figure
could come to approximately $7,000 per year, which does not
include a law library. Mr. Overson stated figures such as
those were important to him and helpful in making a decision
based on comparative costs. Mr. Overson stated he believed
the City went into the previous years contract with an
"unfuzzy" understanding and it turned out "fuzzy". Ms.
McCluskey stated she thought the previous contract was
TAPE #1151
City Council Reg. Mtg. Minutes
November 17, 1993
Page 7 of 10
somewhat fussy because it was written differently than this
contract. She believed an in-house Public Defender Program
would cost approximately $120,000 per year verses the proposed
contract of $112,000. Mr. Overson questioned if the contract
stipulated that the amount of the contract was at a fixed cost
of $112,000. Ms. McCluskey stated yes, under the Section 3A,
which addresses Compensation for the first year. She pointed
out the first year of the contract actually is an 11 month
year.
Mr. Colvin questioned for clarification if it would cost more
to hire an in-house attorney rather than contracting out such
services? Ms. McCluskey stated yes. Mr. Colvin questioned
for clarification the term of the contract? Ms. McCluskey
explained the contract covered three years, however, the
payment is fixed for the first year only and renegotiable for
years 2 and 3 with the criteria laid out in Section 3D of the
contract. With the addition of the language adding binding
arbitration, renegotiation must be completed by October 1994
to cover the 1995 service contract. She assured Mr. Colvin
that the contract would come back before Council approving
years 2 and 3 compensation.
Public comment - none.
#1490
Mrs. Horton questioned since the City is helping with some of
the start up costs, if at the end of the three years the
contract is not renewed in some fashion, will the City receive
any compensation for the funded equipment? Ms. McCluskey
explained the starting point of the negotiations on the
contract was not at $112,000, but somewhere considerably
higher. She felt that because the City was getting a good
contract compared to what the City had received for past
services, she wanted to keep the contract as low as possible
until the next stage of negotiations. There was a trade off
in capital and the base contract. Mr. Waibel pointed out with
the depreciation factor the City probably wouldn't want the
equipment.
M/S/C/U (Waibel/Dawkins)City Council approves the public
defender contract with W.David Rovang for the period of
2/01/94 - 12/31/96.
6B - CONFIRMATION OF MAYORAL APPOINTMENT -- MUNICIPAL COURT
JUDGE -- BRUCE MARTIN, #AB93-216
The current Municipal Court Judge was appointed for a two year
period, 1/01/92 to 12/31/93. The State Legislature by SHB
1545 has mandated the election of Municipal Court Judges
effective 1/01/95. It is recommended that Judge Martin be
TAPE #1151
City Council Reg. Mtg. Minutes
November 17, 1993
Page 8 of 10
appointed for the one year period 1/01/94 - 12/31/94. State
law requires that a judge be appointed no later than December
1 of the year preceding the beginning of the term. Under the
provisions of Article IV - 19 of the City Charter, the
Municipal Court Judge is to be appointed by the Mayor with the
consent of the Council.
Mayor Louis Mentor stated two years ago he interviewed and
searched for a judge, which brought out quite a few
applicants. Following that interview process, Judge Martin
was selected and he believes Judge Martin has done an
outstanding job. He believes Judge Martin has brought a lot
of dignity and tranquility to the Court resulting in improving
the moral of the Court personnel through this leadership.
Also, Judge Martin has been very helpful in initiating new
ideas, cost saving methods and open to looking at ways to do
things for the betterment of the City. He highly recommended
City Council's confirming the reappoint of Judge Martin for
one year.
Mr. Colvin stated he was pleased to have Judge Martin serve
the City and supported his reappointment.
Public comment - none.
#1637
M/S/C/U(Waibel/Horton) The City Council consents to the
appointment of Bruce Martin to Municipal Court Judge for the
period 1/01/94 - 12/31/94.
Judge Bruce Martin thanked the City Council and Mayor Mentor
for their support and encouragement during the past two years.
He noted Bremerton is the sixth largest Municipal Court in the
State and the case load in 1992 was about 40,000 with a
revenue figure of $962,000. The number of cases filed in the
District Courts in Kitsap County for that same period of time
was 28,000, which generated revenue in the amount of 1.5
million dollars. He noted the City's staffing level for
Municipal Court is 10 people and one Judge and in the County
there are three Judges and 25.8 staff people. He thanked the
Municipal Court staff, who were lead by Penny Hill, Court
Service Manager. He thanked Kathleen McCluskey, who has been
very help in handling Administrative oversight and detail.
President Fitz noted those statistics are very interesting and
kind of surprising.
7A - PUBLIC HEARING: 1994 BUDGET HEARING, #AB93-217
This hearing is held to give the public the opportunity to
provide input regarding the 1994 budget.
TAPE #1151
City Council Reg. Mtg. Minutes
November 17, 1993
Page 9 of 10
Kathleen McCluskey, City Clerk, stated the City Council had
spent several evenings in Study Sessions reviewing the
proposed budget. For purposes of this hearing she wanted to
mention that the 1994 proposed General Fund Budget is
$19,598,342.00, which is 2.93% higher than 1993. The total
budget of all funds is $56,351,483.00, which is 5.56% higher
than 1993 and does includes the Utilities, Special Funds and
Debt Service Funds. She emphasized the proposed 1994 budget
is almost a no-growth budget, particularly the General Fund.
There are no new programs and there is nothing presented
different from the operating budget in 1993. In the area of
staffing, the General Fund staffing goes up 1.26 people, which
is an odd number of persons due to the fact one fire fighter
will not be hired until the third month of the year. That
increase includes a grants writer and a small increase in a
personnel position. In the other funds, Streets, Parking
System and Utility staffing actually is reduced by one person.
Mim Heuss, Director of Bremerton/Kitsap County Visitor And
Convention Bureau, handed out packets with additional
information about the Visitor and Convention Bureau. The VCB
did ask for an increase in their funding out of the
Hotel/Motel Tax. They are able to maintain the level of their
current staffing with the visitor industry, however they are
unable to take advantage of some new opportunities because of
their budget constraints. She expressed the VCB's
appreciation of the funding level that Council does support
their program through the Hotel/Motel Tax.
Mr. Overson asked if Ms. Heuss could explain the significant
decrease in income from the hotel/motel tax side? Ms. Heuss
stated at the end of 1992 income was down by only $6,000 and
the end amount is not known for 1993 due to the State being
four months behind in distribution of the Hotel/Motel Tax.
What is reported for a two month period of time then takes two
months for the State to compile. If we are looking at the
heavy months of June/July and/August, they do not come in
until January 1. Therefore, it is hard to say income is down
20% at this time. The $6,000 that it was down in 1992 she
felt was due 100% to closure of Oyster Bay Hotel. They
actually anticipate some increase in 1993 due to higher
occupancy rates in several hotels. She expects to see a sharp
increase in hotel/motel tax income in 1995 due to the number
of heavy projects going on in the community at that time.
TAPE #1151
City Council Reg. Mtg. Minutes
November 17, 1993
Page 10 of 10
With no further business meeting adjourned at 6:35 P.M.
KATHLEEN L. McCLUSKEY, City Clerk
EILEEN FITZ, Council President
City of Bremerton
KLM/EF/me
cc: Normal Distribution
File/Vault
President