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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