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HomeMy WebLinkAbout08/11/93TAPE #1128 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES AUGUST 11, 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, August 11 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, Al Colvin and Russ Johnson. Councilman Lon Overson was absent. Also present were City Attorney Ian Sievers and City Clerk Kathy McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Fitz and Invocation given by Bernie Silva, Manager of Peace & Joy Book Center. CONSENT AGENDA A. Resolution # 2437 - Single Source Purchase Of A #AB93-157 Greens Mower For Gold Mountain Golf Course/Western Equipment Distributors, inc., in the amount of $14,450.00 Plus Sales Tax #0033 M/S/C/U(Waibel/Horton) to approve Consent Agenda as presented. CLAIMS/WARRANT REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the council. #0047 M/S/C/U(Colvin/Dawkins) August 11, 1993, the Council does approve for payment those vouchers included and further described as follows: 168449, 168466, 168470 through 168632 in the total amount of $216,519.11. COUNCIL MEMBER REPORT8 Mr. Colvin reported he enjoyed a presentation made by the Admiral Theater group to the Bremerton Central Lions Club this date. He noted the Admiral Theater group has a dream for Bremerton and he wished them much success on their renovation project. Mr. Waibel reported because he was out - of - town last week he had not commented on filings for District #3 Council position. TAPE #1128 City Council Reg. Mtg. Minutes August 11, 1993 Page 2 of 27 He was very gratified to see that people did apply for the District # 3 position and that there will be a bit of competition forthat position. Mrs. Horton reported on Tuesday, August 10, she attended a follow up workshop for CENCOM. As reported in The Sun, the County is facing an 18 year old system, whose life expectancy is approximately 10 years, as well as the FCC looking to reformulate things that have to do with radio waves. When someone calls 911, they are linked to CENCOM department through a wire to a telephone. When CENCOM dispatches calls to the field, message travels through radio waves and what is happening is the FCC is taking back everyone's radio waves and reducing them. What that means to Kitsap County is that CENCOM's equipment at this point is not only out of date but in 5 - 8 years the FCC will make current equipment totally obsolete. Updating needed equipment will be very expensive and all kinds of possibilities are being looked at, including joining Jefferson County, sharing resources with King County, Kitsap Transit, Bremerton School District, or any public works agency that might have a vested interest in going in on a regional system. The City of Seattle is in the process of going.to a 800 megahertz system and they are not only looking at governmental entities but their own City Power Company. This issue is very difficult and will impact everyone in Kitsap County in the future. She hopes everyone will take the time to read the newspaper article that was published on this issue. She expects more information will be available in the near future. Lastly, she attended the second POWER meeting, held August 5, which she felt was a good meeting with good discussion. She hopes subsequent meetings will be equally as fruitful as the past two. Mr. Neville reported he again enjoyed the Concert In The Park at Evergreen Park, the final concert for 1993 and concluding 42 years of entertainment in Evergreen Park. He thanked the Parks Department and all concert participants for their commitment of entertainment for the citizens of Bremerton. He also attended the second meetingof POWER, which he sees as a very viable organization. This group is coming up with some solutions to existing problems and they are looking for more people to become involved with that process. POWER's next meeting will be September 9, 7:00 P.M., at the Emmanual Apostolic Church located on 6th Street. Mrs. Fitz reported she also attended POWER's second meeting. On Thursday, August 12, she will attend a seminar sponsored by the Association Of Washington Cities on Municipal Budgeting. This seminar is very timely since the City will be starting TAPE #1128 City Council Reg. Mtg. Minutes August ll, 1993 Page 3 of 27 its budgeting process within the next two months. PUBLIC RECOGNITION Mayor Louis Mentor reported last spring a group. of free - lance journalists, who worked for travel magazines, visited Bremerton. He displayed a copy of Adventurer Northwest and pointed out an article titled "BREMERTON IS FULL OF SURPRISES". He received a note stating that three members of that group will be publishing articles about Bremerton in out - of - state magazines. He reported the last Concert On The Dock concludes on Thursday, August 12 - The Navy Jazz Band. This past week he met with a group of people who are interested in getting a skateboard facilities in Bremerton. He believes there is a good opportunity available to locate a skateboard facility in Bremerton that would provide challenges for both the beginner and advance skateboarder. On Saturday, he participated in a fund raising golf tournament that benefitted the Red Brown Foundation and Pendergast Regional Park project. His golf partner at that event was Hank Bower, a former New York Yankees player from 1948 - 1961. On Sunday another golf tournament was held, sponsored by Wendell and Betty Arnold, which raised funds for the D.A.R.E. program. Mayor Mentor explained the D.A.R.E. program is funded out of the Police Department's budget, however, they give away a lot of items...pens, pencils, sweat shirts, tee shirts, etc., which are not funded out of the City budget. It is through other fund raising activities that the D.A.R.E. program can supply the give away items. A new Sports Club opened in Bremerton last week. Uptown Auto Body Softball team won a State Championship in their division at the American Softball Association's State Championship game, held in Lynnwood this past weekend. The teams win record over the last four years has been five State Championships and one National Championship. On August 10 a presentation was made by the Market Consultants to 40 bankers from downtown Bremerton and Seattle. The presentation included information on what the Market Survey has identified for Bremerton's downtown over the next few years and the Regional Transportation Plaza. On the evening of August 10 that same presentation was made to downtown business and property owners. Robert Boddie, 4402C Arsenal Way, POWER INC., thanked Mayor Mentor, Police Chief Del McNeal and City Council members who attended POWER's last meeting. He felt that meeting was very productive, however, he is looking for more businesses to get involved to help provide training and offer opportunities for employment of youth in the community. POWER's next meeting is scheduled for September 2, 7:00 P.M., at Emanual Apostolic TAPE #1128 City Council Reg. Mtg. Minutes August 11, 1993 Page 4 of 27 Church. He also encouraged people to attend the Tuesday and Thursday evening basketball program (6:30/8:30 P.M.), that is being coordinated by Donnell Washington. He has observed some of the policies and procedures of the Bremerton Police Department within the community and one of the trouble stops identified is the new Texaco Station off of Auto Center Way and Werner Road. A drive by shooting has taken place in that area as well as other incidents that caused the cashier to push the armed robbery alarmbutton because they saw more than 4 - 5 people outside the store. He cautioned that the store owner needs to observe what activity is going on so that it does not escalate into a bigger problem. He announced rap sessions for youth of all communities will be starting August 22, at POWER's headquarters - 920 Park Avenue. Bill Enter, Puget Power, invited everyone to their annual Challenge Series for special handicapped youth. On Saturday, August 14, downtown Bremerton on 4th Street between Pacific Avenue and Park Avenue, Puget Power will host a "coaster race". Bernie Forte, POWER Inc., 920 Park Avenue, thanked City Council members, Mayor Mentor and Chief McNeal for attending the last POWER.meeting. As a result of that meeting, they are working on some solutions to existing problems. It is their hope to network all of the organizations that currently exist in helping to clean up the Bremerton community and to steer youth in the right direction. This past week he talked with TCI, who expressed interest in training some of the youth in an Internship Program in conjunction with POWER. Discussion has been underway with the City of Bremerton about the possibility of incorporating programs between the two organizations. It is his hope that the Mayor, City Council members and people from the community of Bremerton will attend POWER's next meeting - September 2. He stressed his main theme is for everyone to work together and sticking together as a community. Information may be obtained from POWER by calling 405 - 1359 or 762 - 0637. Gordy Byrd, P.O. Box 930, pointed out the Farmers Market was a good place where people help out one another. He reported as of this date he had collected $15,815.75 for his shelter for the homeless. He is a supporter of the D.A.R.E. program and believes groups like POWER can make a difference in the community. Don Atkinson, Executive Director Bremerton Main Street, announced the final Concert On The Dock will take place on August 12. During that same evening, a mini version of the TAPE #1128 City Council Reg. Mtg. Minutes August 11, 1993 Page 5 of 27 Sunday Farmers Market will be offering their wares from 4:00 - 8:00 P.M.. Mayor Mentor mentioned two presentations made on August 10th on the downtown design, which the City has invested in and in his opinion was money very well spent. He announced the Blackberry Festival will run for two days - September 4 - 5. Two major businesses have stepped up as sponsors of this event, and he was pleased to announce there will be lots of booths selling/serving blackberry products. 6A - BID AWARD, SHERMAN HEIGHTS DISTRIBUTION MAIN -- SOUND EXCAVATION, #AB93-158 Bids were opened for the Sherman Heights 8 inch Distribution Main on July 19, 1993. Three bids were received for the project. The low bidder was Sound Excavation in the amount of $343,055.00. The project budget is $300,000, and the total project cost is estimated to be $468,214.26 (see attached sheet). Additional funding in the amount of $170,000 for this project is recommended to be transferred from the 36 inch water transmission main, Gorst to Reservoir 4 project which has been deferred at this time. Randy Witt, City Engineer, stated the project was budgeted in the 1993 budget in the amount of $300,000, which is a shortfall of $168,000. He is requesting that $170,000 be reallocated from the 36" main project, which is also budgeted in the 1993 budget but has been deferred at this time. Mrs. Horton questioned why the 36" main project has been deferred and what benefit will this project be to Sherman Heights in as much there are a lot of complaints from people about lack of pressure in that area? Mr. Witt explained the 8 inch water line starts in the Gorst area on the other side of the train tracks and follows Sherman Heights all the way to Prospect Street with a stub running up Quarry Road. There have been some reasonable complaints about pressure and volume in that area. This project, by replacing the existing one and two inch lines, should address any pressure problems. Following installation of the 8 inch line, monitoring will be done and if needed a small booster pump will be considered for a future project. There is a transmission main that follows the same path as the proposed project and several services are taken off that line, which is not a good practice and allowing people to receive water before the transmission main has had its chlorine contact times, which runs into the Clean Water Drinking Act regulations. The reason the 36 inch main project has been deferred at this time is due to reduced funding resources. The 8 inch main will meet the immediate needs of the chlorine contact times and will meet them for the next 2 - 4 years. The 36 inch main's goal, in addition to the chlorine TAPE #1128 City Council Reg. Mtg. Minutes August 11, 1993 Page 6 of 27 contact time, is to phase out a line that it will parallel and increase water supply to Reservoir 4, which they anticipate some day may become a water treatment site. However, since McKenna Falls has been certified as a water treatment site, the City doesn't need it today. Lastly, the Gorst-Bremerton roadway project is key to the 36 inch main project. Mr. Dawkins questioned if the project will require blasting through rock to install the line? Mr. Witt stated typically the water line will be placed three feet in the ground and blasting will not be allowed on this project due to it paralleling another transmission main. Public comment - none. #0986 M/S/C/U(Horton/Colvin) to authorize and direct the Mayor to execute the contract for construction of the Sherman Heights 8 inch water distribution main with Sound Excavation in the amount of $343,055.00, and to transfer $170,000 from the 36 inch water transmission main, Gorst to Reservoir 4 project to the Sherman Heights 8 inch distribution main project. 6B - PROFESSIONAL SERVICES CONTRACT FOR SAFE STREETS COORDINATOR, #AB93-159 This professional services contract with Henry Mincey is for a Safe Streets Coordinator. Mr. Mincey will develop a community mobilization campaign and community prevention task forces in the areas of 1) community assessment and planning; 2) coalition building; 3) community mobilization; and 4) prevention strategies. The program is intended to assist individuals, families, neighborhoods, and community organizations in combating illegal drug use and youth crime. The Budget Adjustment represents funding for the period 8/15/93-12/31/93. Mayor Louis Mentor stated fighting crime, drugs and gangs has been a high priority for the City for several years and working with Chief of Police continue to develop new programs. In the last four years the City has: (1) increased the Police Department from 51 commissioned officers to 64, which includes the Drug and Gang Task Force; (2) expanded the Neighborhood Block Watch; (3) started the Westsound Special Operations Group involving Police Officers in Kitsap and Jefferson Counties working together to fight trafficking and illegal drugs; (4) implemented the Bike Patrol; (5) involvement with Crime Stoppers for Kitsap County; (6) started the DWI Task Force; (7) increased use of Police Reserves; (8) expanded D.A.R.E. program in schools; (9) developed evening basketball programs; (10) sponsor teen dances; (10) working with other TAPE #1128 City Council Reg. Mtg. Minutes August 11, 1993 Page 7 of 27 community organizations to start a Teen Center; (11) working with other others to encourage expanded availability of counseling and education; (12) established drug free zones around parks and schools; (13) working towards creating a skateboard park. Some of the above listed items have been funded through cost savings such as: home detention through electronic surveillance; video arraignment; and use of community service workers for clean up and beautification projects throughout the City. Following along these same lines, the City became aware of the Safe Streets program, which is used throughout the nation and is especially strong in the cities of Tacoma, Yakima, Puyallup and Seattle. All indicators from other cities using this program have been very positive. He felt very fortunate to have Henry Mincey, who served as youth coordinator for the Safe Street program in Tacoma from 1989 to the present. Mr. Mincey worked with the Jackson County, Missouri Sheriff's Department from 1971 to 1989. Mr. Mincey is interested in coming to work for the City under a Professional Services Agreement. Mayor Mentor stressed this was one more step toward reducing problems of society in the City of Bremerton. Mrs. Horton stated during the Pre - Council discussion on this item, she raised the point that presently the Police budget is $25,000 over budget. And, if approved the Budget Adjustment will put another $20,000 into the Budget, which at the end of the year unless things change would make the budget about $50,000 over budget. She asked Mayor Mentor to explain what caused the over budget condition. Mayor Mentor stated Police Chief Del McNeal could address that concern. Police Chief Del McNeal stated early in the year the Police Department purchases some supplies ahead, such as ammunition that alone costs the department $13-15,000. By ordering in larger quantities the City gets a better price. Also, his department has provided more training to his officers, thereby increasing his budget in that category. When looking at personnel expenses, they are below where he had anticipated to be at mid year. Mrs. Horton stated she would like the Police Chief to provide some kind of printout indicating the items purchased early in the year and training activity so that Council could see what Chief McNeal was basing his projection. Mr. Jehnson questioned if $13 - 15,000 wasn't a high cost for ammunition? Chief McMeal explained the City supplies each officer ammunition during the year and the majority of that ammunition is used for shooting practice on the firing range. He noted the spent cartridges are collected and traded back in. Don Atkinson, Executive Director Bremerton Main Street Association, explained about three weeks ago he had a very TAPE #1128 City Council Reg. Mtg. Minutes August 11, 1993 Page 8 of 27 concerned business person call and outline some activities that were happening in her many rentals in west and west central Bremerton. He directed that business person to meet with Mayor Mentor to discuss their concerns and if there .was something the City could provide that would help resolve her problems. During that discussion, Mayor Mentor brought up the Safe Street program, which he had been working on but at that point did not have a commitment from that individual nor had he brought the proposal before the City Council. Mr. Atkinson, as representative of the Bremerton business community, stated they are 100% in favor of this program, as they understand it. The most exciting thing about this program is that it will provide a mobilization out into the community, i.e., schools, educational community, churches, and all segments of the community, bringing them together in an effective arsenal against illegal and destructive activity. There have been other organizations within the community attempting to bring about this same result, but he doubted they could embrace the many things that Safe Streets can. He emphasized Bremerton Main Street is behind Safe Streets and he encourages others in the community to also stand behind it. He believed it was a good financial move because there are some major problems out in the community that need to be resolved. Bernie Forte, Executive Director POWER, stated he is in favor of the Safe Streets program, however, he was not pleased over the cost of the proposal. He suggested Mr. Mincey should be given a consultant fee to organize and implement the program and then have local organizations actually run the program from that point on. He believed local groups had the know - how and ingenuity to take on this task as well as being more familiar with the City. Karen Fisher, Rainier Properties, stated she had familiarized herself with the Safe Streets program and felt very strongly that such a program would benefit Bremerton greatly. She stressed real problems exist in Bremerton that have to do with guns, drugs, crime, etc. She pointed out Mr. Mincey is a professional and has done a wonderful job in the Tacoma area. She believes hiring Mr. Mincey is a wise move for the City and she volunteered to help in any way to make this program successful in Bremerton. Many people are moving out or putting their homes up for sale because they cannot rent them due to existing problems. She stressed this is a program that has proven to be successful in many areas. Gordv Byrd, P.O. Box 930, stated having a Safe Street program sounded great, but he questioned wouldn't it be better to have TAPE #1128 City Council Reg. Mtg. Minutes August 11, 1993 Page 9 of 27 a few volunteers to work on the program along with Mr. Mincey? He offered to volunteer to help in any way he could to help implement the program. Mayor Mentor explained Mr. Mincey will be seeking volunteers to help with this program. He has already received telephone calls from people interested in volunteering since the news article appeared on this proposal. He stressed that was what this program was all about...mobilizing the community. Roy McInnis, 2711 Maple Street, stated considering the budget crunch the City is predicting, he questioned where will the money come from to fund this program. He supports the idea of bringing organization to efforts and activities within the community. He also questioned will that consist of Mr. Mincey coming in and setting up this program, will it be a full time paid staff salary or will Mr. Mincey be sharing his time with other cities? Mr. McInnis volunteered to assist this program in any way he could, but he thought Mr. Forte had a good point in using Mr. Mincey as a consultant to set up a program. Mayor Mentor stated Mr. Mincey will serve as a consultant to the City and will not be a City employee. Mr. Mincey's responsibility will be to set the program up and he was not aware of any city running a program like this with just volunteers. And, Mr. Mincey will work full time for the City of Bremerton at a minimum of 40 hours per week. Robert Boddie stated he had no problem bringing Mr. Mincey in to develop a program, however, he did not like the idea of always bringing someone from outside the community to start programs. He believes there are already enough organizations and professionalism in Bremerton to know what is going on out in the streets. It does not take a lot of knowledge to write down a license plate number or to tell people in the community what they need to do if they are observing strange activity - to dial 911. Mr. Boddie lived in Tacoma and was familiar with Mr. Mincey's work through the Safe Streets program in that city. He emphasized this program will not stop all gang activity or violence and questioned why bring another outsider in to do something that could be done from within the Bremerton community? Mayor Mentor stated he did not have an answer for Mr. Boddie, however, the organizations already in Bremerton are doing a great job, but this is one more thing that needs to be done. He understands this program will not solve all of the problems, but it is one more step toward making Bremerton a more liveable community. Mrs. Horton stated she endorses the Safe Streets program and the Tacoma Hill Top area was an example of how this program can work. However, she is concerned with the way the proposed TAPE #1128 City Council Reg. Mtg. Minutes August 11, 1993 Page 10 of 27 contract is written: (1) she did not see where it specifically states Mr. Mincey will work for the City of Bremerton 40 hours per week. Mr. Sievers, City Attorney, explained that was not included in the contract because when it is included then it gets into issues of time off, vacations and appear more in the mode of a staff employee. The proposed contract is to pay a consultant fee to complete a program. Mrs. Horton stated when the City approves consultant fees, such as with R.W. Beck, it specified the number of hours they would be working for the City. Mr. Sievers explained the City had done it both ways and the City can go that way with an independent contractor and ask for reimbursement for actual hours at a determined hourly rate. Mrs. Horton stated she would feel much better if the Professional Services Contract delineated clearly what the City is getting in return for $40,750.00. She wants to ask the question at the end of the year: "what kind of project are we hoping to achieve"? And, she questioned is the idea Mr. Mincey will vacate at the end of the year and the City will carry on with this program through a group such as POWER? Mayor Mentor stated it was hard to say what will result from implementation of this program. There will be monthly reports and evaluation of the program will have to be done by Council, Police Department, citizens groups, etc. He cited the impact of the enhanced Block Watch program and how that has reduced the number of calls in neighborhoods. Mrs. Horton stated there must be something the Mayor hopes to achieve by the end of the contract. After reviewing Exhibit A and supporting documents, she was not clear what this person will actually be expected to do. The way the contract is written, it lacks something tangible and she felt it must be more clearly defined. She was not comfortable with Exhibit A or the terms of the contract. Mayor Mentor explained the proposed contract was drawn up using the contract from the City of Tacoma and as a model. Mr. Sievers stated the contract from Tacoma and what the City is proposing are basically the same. However, the Tacoma contract did not include Exhibit A and was drawn up by the consultant, followed by some amendments and modifications being made by the City. The intent of those amendments and modification was to make the contract more concrete. Mr. Waibel pointed out the contract may be a little fuzzy, however, there are three very specific objectives: (1) to do an assessment; (2) to set up a program; (3) to hold forums. The rest of the things in the contract are methods used to accomplish those objectives. He believes when the City contracts with a company on a Personal Services Contract to provide a service, it is appropriate to ask for hours from that company, however, the City cannot ask for hours from an individual or he becomes an employee under State law. Mrs. TAPE #1128 City Council Reg. Mtg. Minutes August 11, 1993 Page 11 of 27 Horton questioned how will the Administration and Council know whether this individual works and how can the contract be audited? Mr. Waibel stated all you can do is to decide what you want at the end of the contract and then decide if you have received it at the end of the contract term. Mr. Sievers pointed out monthly reports are built in trying again to achieve some kind of work product or progress on the program. If the City is not happy with how that is progressing, a termination clause has been included that could be acted upon. The process just described would be trying to address things as the terms of the contract goes on rather than waiting until the end of the year. Mr. Colvin stated he understood the concept, however, he questioned was it necessary to make it a full one year contract or could it be done incrementally? Mayor Mentor pointed out if done incrementally, Mr. Mincey would probably not want to give up his current employment with the Tacoma program. He doubted a fair test could be give in one - three months time. He believes it would take at least a year to see any results. Mr. Colvin questioned the end product or action plan from this proposal? Mayor Mentor explained Mr. Mincey is the Youth Coordinator for the Safe Streets program in Tacoma and in Exhibit A he provides a list of objectives to be accomplished. Mr. Neville stated he hoped the monthly service reports to the Mayor are passed on to Council. He wanted to make sure that this new program would not take the place of the Block Watch Program. Mayor Mentor assured Mr. Neville this program would be in addition to current City programs. Mr. Johnson stated he felt the contract was very "loosely" written and he believed there was no reason why the City could not require the contractor to come back within 30 days and provide the date of the first Neighborhood Task Force, when they will meet and how many other Task Forces he anticipates having by the end of the year. Mr. Johnson's prime question for Mr. Mincey is when will specific items be done?. Mayor Mentor pointed out such information will be provided in the monthly reports. Mr. Johnson stated he wanted a plan up front that stipulates" "by December two Neighborhood Task Forces in place". As it stands now, Mr. Mincey could come back and say "no one asked for a Task Force so he did not have any meetings, however he has a lot of people feeling good"; and the City is out $40,000. Mr. Neville pointed out Council should take into consideration the creditability of Mr. Mincey's work in Tacoma. TAPE #1128 ' City Council Reg. Mtg. Minutes August 11, 1993 Page 12 of 27 Mr. Collins noted on page one of the contract it states: "Coordinator and his personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind the City nor control employees of the City...". Then, on page 2, under 8. General Conditions - (a) Right of Review, it states: "The City or its designee shall have the right to review and monitor the financial and services components of this program by whatever means or deemed expedient by the City Auditor. Such review may occur with or without notice and may include but not limited to on site inspection by City agents or employees ....". To him, that meant the City had any kind of hammer it wanted once Mr. Mincey goes to work for the City. Mr. Johnson stated if there was some objective he would agree with Mr. Collins. If the City Auditor were to take Exhibit A, and to assume this contractor came aboard, spent some time in Bremerton and shook a few hands but accomplished little else, he didn't think the Auditor could prove that was not the intent of the contract. He just did not believe there was a set of standards or criteria to measure against what Mr. Mincey has outlined. He recommended including a clause in the contract that places some reasonable time lines on certain accomplishments. Mr. Colvln stated he agreed with Mr. Johnson except in order for Mr. Mincey to do all that Mr. Johnson wants him to do, he would have to have a crystal ball. He believes Mr. Mincey needs time to evaluate what he is getting into and that would take time to just find out the state of affairs in Bremerton. Mayor Mentor stated he was sure Mr. Mincey did not want to quit his job in Tacoma and come to Bremerton for just a couple of months. Mr. Johnson stressed he had no idea that was the case. He emphasized the proposed contract is a business contract and there is nothing wrong including business language. Mayor Mentor stressed the City could evoke the termination class at any time if Mr. Mincey was not performing adequately. Mr. Johnson stated what he is saying is this is an example of a very poor business document. The City is talking business and spending $40,000 of the taxpayers money and all he wants to do is to make sure that good practices are applied, which is not being overly restrictive, particularly when the contractor is asked to put together the criteria upon which to measure his performance. Mayor Mentor stated that was why the City is asking for reports every 30 days. Mr.. Waibel pointed out the first objective of this contract is to do what Mr. Johnson desires for free. Mr. Johnson questioned when will the City receive it? Mr. Waibel stated the contract documents states that the time line is the length of the contract. If Council wished to say that the assessment will be done and no further work will be done on it after 60 days - then let's say it. The first thing the City is asking Mr. TAPE #1128 City Council Reg. Mtg. Minutes August ll, 1993 Page 13 of 27 Mincey to do is to assess and find out what it takes to set up a task force, how many are needed, etc. Mrs. Horton stated under section 4. Relationship Of Parties it states: "Coordinator and his personnel shall act as independent ....". She questioned if that meant City personnel or Mr. Mincey's own personnel? Mr. Sievers explained that meant Mr. Mincey's personnel. If he chooses to hire people to assist him in the program, he is free to do that. Mrs. Horton questioned if Mr. Mincey would be responsible to additional help if he acts not as an individual contractor but as a business of his own? Mr. Sievers stated that was correct, the City would not be controlling the resources he needs to employ to get the job done if he found it necessary to hire some part time help. Mrs. Horton questioned if Mr. Mincey would pay for that part time help out of the proposed contract? Mr. Sievers stated that was correct. Mrs. Horton stated because Mr. Mincey has his own business then the City could ask for some sort of hourly figure in the contract. She felt strongly that an hourly arrangement needed to be included in the agreement. Mr. Slevers stated as part of the monthly reports, Mr. Mincey will have to report his hours spent on various activities. Mrs. Horton questioned if the contract specifically states that hourly work hours must be included in the monthly reports? Mr. Sievers states yes, and is identified under the "scope" section. If time lines are desired, again the objectives he calls forth to be filled throughout the term of the contract. Objectives are ultimate goals and he did not think those were the things Mr. Johnson wanted phased. Mr. Johnson stated he felt more comfortable having the assessment of problems in Bremerton done within the first quarter of the contract or even sooner. Mr. Sievers suggested inserting the assessing of problems in Bremerton as the first task and to add some language to the end of # 1 task on Exhibit "A" to read: "Perform an assessment of community needs and utilize existing support systems, and complete time lines which will be followed for remaining task, within 30 days. Mr. Johnson stated having specific time lines will give creditability to the listed objectives. #2709 M/S/C/U(Horton/Waibel) approve Professional Services contract for Safe Street Coordinator with the following amendments: (1) Section 1.Scope - second paragraph: "Coordinator shall submit Monthly Service Reports to the Mayor and City Council"; (2) under Exhibit "A" that the first objective - that a time frame and preliminary assessment and a plan of action and milestones will be provided within the 30 days of this contract along with time lines clearly stated for the conclusion of the contract a time frame and preliminary assessment shall be TAPE #1128 City Council Reg. Mtg. Minutes August 11, 1993 Page 14 of 27 done within the first 30 days of said contract with time delineations clearly stated inclusion of the whole contract. And approve Budget Adjustment transferring $19,282 from narcotics enforcement personnel to professional services. And that Chief McNeal is to bring forward to Council a written statement that outlines what things in his budget were expended up front so that there is assurance the City will have enough money in his department. 6C - APPROVAL OF INITIAL HIRING RATE FOR DANIEL EISSES AS A SENIOR ENGINEER, #AB93-160 The Senior Engineer is a newly created management position in the Public Works and Utilities Department. Mr. Eisses has been the Acting Assistant City Engineer for a little over a year. The position of Assistant City Engineer was eliminated with the re - organization and implementation of the Public Works and Utilities Department. As Acting Assistant City Engineer, Mr. Eisses performed the duties of the Senior Engineer classification and is well qualified for this position. Mr. Eisses has been offered and has accepted the position of Senior Engineer in the Public Works and Utilities Department.. Public comment - none. #2916 M/S/C/U(Johnson/Colvin) to authorize a hiring step of Band 6 Step 3 ($3,890/month) pursuant to the Management and Professional Staff Salary Plan BMC 2.50,032(a) for Daniel Eisses, Senior Engineer, effective August 4, 1993. President Fitz extended a special "thank you" to Mr. Eisses for his assistance over the past year at a time of great stress and that he did a wonderful job. Randv Witt, City Engineer, echoed President Fitz's comments about Mr. Eisses and the fact that he was an excellent candidate for this position. 7A - RESOLUTION NO. 2436 AUTHORIZING A BALLOT PROPOSITION PROVIDING FOR A RECLASSIFICATION FROM A FIRST CLASS CHARTER CITY TO A NON - CHARTER CODE CITY; A REORGANIZATION IN GOVERNMENT TO A COUNCIL - MANAGER PLAN OF GOVERNMENT, WITH ELECTION OF MAYOR - COUNCIL PRESIDENT AT LARGE RETAINING INITIATIVE AND REFERENDUM POWERS FOR THE CITIZENS, AND ADOPTION OF THE CIVIL SERVICE PROVISIONS OF THE CURRENT CHARTER, #AB93-161 This Resolution authorizes a ballot proposition providing for a reclassification from a first class charter city to a non - charter code city; and a reorganization in government to a TAPE #1128 City Council Reg. Mtg. Minutes August 11, 1993 Page 15 of 27 council - manager plan of government, with the election of a Mayor/Council President at large, initiative and referendum powers for the citizens and the adoption of the Civil Service provisions of the current Charter. Larry Stone, Chairman of VOTE, stated it was his privilege to present for the enactment the proposed resolution to let the voters of the City of Bremerton formally express their wishes relative to the form of government. As stated in their April report, the Ad Hoc Advisory Committee did not feel the change of government issue should be on the November ballot, but Council's proposal to place it on the ballot in an advisory capacity left the committee no alternative but the Initiative vote. The charge has been made that Ad Hoc Advisory Committee did not know what they wanted because so many changes have been made, however, that assumption is not supported by fact. Their original recommendation was that the City change to a non - charter Code city with a Council/Manager form of government. And, at the urging of a Council member they looked into the feasibility of updating the current City Charter and going to a Charter - Code city with a Council/Manager form of government. The committee's commitment to the City Manager form of government under the Optional Municipal Code has never wavered. It is his impression that Council views the VOTE movement as merely himself and a few other people who are political hobbyist or "gadflies", but even gadflies can be helpful. Webster defines a gadfly as a critical but often constructively provocative person. He believes it is important that Council understand the magnitude of their movement. Just 21 days of signature gathering has resulted in gathering the numbers needed. They will continue their signature gathering effort so that they will have a cushion in number of total signatures. At the risk of repetition, he repeated his charge of last week: "yours is the power tonight to freely grant or to deny the electors of this city the right to formally vote on this important issue". If for any reason VOTE fails to meet the very narrow window of time to make the November ballot, they will continue gathering signatures until they qualify. Council's denial at this point would result in additional unnecessary City expense from the special election that will inevitably follow, which was an expense the committee had hoped to avoid. He asked: "please give this resolution careful deliberate consideration it so strongly merits". TAPE #1129 Cecil McConnell, Almira Drive, member of VOTE, noted his committee had collected the necessary signatures on the initiative petition, but would continue gathering signature to TAPE #1129 City Council Reg. Mtg. Minutes August 11, 1993 Page 16 of 27 ensure a buffer to qualify and it will be going on the ballot. He felt Council would be remiss not voluntarily allowing the people to vote on this issue. Basically, all Council is being asked is to let the people of Bremerton make the decision on the form of government they desire. Del Knauss, Olympic Avenue, member of VOTE, stated if people are good enough every four years to elect Council members and a Mayor, they have the capability and knowledge to check out this proposal along with the help of VOTE, to voice their opinion if they wanta change in government. He urged putting the proposal on the ballot and let the people decide. Elizabeth Buell, High Avenue, acknowledged all the effort put out by the VOTE group to gather signatures and she supported allowing the proposal to be placed on the ballot. When the Council/Mayor form of government was presented to the voters, they didn't have any other choice, now, this opportunity will result in finding out if the voters want to continue to have 9 Council members or want a change. She also did not understand why the issue of freeholders was being proposed. If the freeholders process is desired, she questioned why did Council ask the Ad Hoc Committee to do all the work that they did. Clarence Land, 145 S. Lafayette, stated he was a former member of the Ad Hoc Advisory Committee on government review and at the onset he was worried about the formation of that committee. It seemed like it was to review the City Charter, but from the very first charge given by Councilman Horton to the committee, it seemed like it was more to look at a change in the government than at the City Charter. At that time, he felt it was a bad thing to do, especially in view of the fact that just a year before citizens of Bremerton had voted not to change the form of government. At that time, two options were given to the voters and both were rejected. He believed the Ad Hoc Advisory Committee started off with a goal in mind of over turning the election of the people. He agrees that voters are not dumb and they will recognize it as the same thing coming before them again. If enough citizens support the initiative petition that VOTE is circulating, he believes it should come forth and be placed on the ballot. He did not support the proposed resolution because in his mind its sole purpose was to circumvent the voters' prior response to changing the form of City government. He believes the gearing of the committee was to come up with that conclusion and he was not surprised that they did not come up with any other conclusion. He believes that he is an "informed" person because of his educational back group having obtained a Degree TAPE #1129 City Council Reg. Mtg. Minutes August 11, 1993 Page 17 of 27 in Political Science in 1988, specializing in American Politics and served one session working for the State Legislature in Olympia. He also is experienced in running political campaigns and writes political campaign literature. He did resign from the Ad Hoc committee in late November of 1992, because he felt the committee was going absolutely nowhere and only trying to prove what it was doing... to come up with a change in form of government and an election to get rid of an incumbent Mayor. He felt that was a bad thing to do. His main objection against the City Manager/Council form of government, as proposed, would be the deletion of checks and balances. Here today, we have seen checks and balances go on between the Executive branch and Legislative branch of City government. If a City Manager/Council form of government is approved, it will place the City Manager beholding to the City Council for their job and he believes those checks and balances would not exist. Roy McInnis, 2711 Maple Street, stated he did not have a good political background as the previous speaker. Mr. Land may not be aware of the distracting tactics that were used in the last election concerning a change in form of government. Mr. McInnis worked on the previous effort to change the government to a City Manager/Council form and is working on this one as well. Unlike Mr. Land, he feels the present form of government is not working and something needs to be done to change it. He was not sure where Mr. Land was when the Ad Hoc Committee made their presentations to the City Council, after he resigned, and each time Council made their desires know to the committee what they would like the committee to accomplish. If Council does not pass this resolution, it would appear to him that Council is afraid of what the citizens would say or they don't want to know. Mr. Johnson questioned if this resolution passes and the government is implemented, will the seven Council members be: (a) elected by districts; (b) elected at - large? Ian Sievers, City Attorney, stated seven Council members would be elected at - large. President Fitz explained there would be seven Council members, one of whom would serve as Mayor. Mr. Colvin questioned if Council members would serve full time rather than part time? Mr. Sievers stated he did not believe Title 35A mandated that point, but would be subject to the amount of budgeted time passed by the City Council in the annual budget. Mr. Waibel stated for clarification that Mr. Land was one of three people who resigned from the Ad Hoc Advisory Committee. All three of those individuals shared similar feelings as TAPE #1129 ' City Council Reg. Mtg. Minutes August 11, 1993 Page 18 of 27 shared by Mr. Land. He could not describe his sense of what went on any more clearly than Mr. Land's comments. He really did not think, as Mr. Stone stated, this issue should be mixed up in the general election. If Council approved this resolution, he felt it would be doing a disservice to the people who need to address this issue clearly and objectively without the cloudiness the campaigns for election produce. If in fact the people of Bremerton request through a petition method that this proposal goes on the ballot, that's the way it should be done. Mr. Johnson stated if there are seven Council members running at large in a normal election, each candidate could spend $10- 30,000 in campaign funds. It is possible to put a cap on campaign funds up to a specific amount, such as $5,000. Then, what you end up with are people with the most name familiarity, or local popular persons. He believes people are intimidated by campaign expenses and that does limit those who may be interested in becoming involved with local governments. During his tenure as a Council member, he has run unopposed as is the person who signed up for the next District # 9 election in November. He is very much in favor of the City Manager/Council form of government because City business has gotten much more complex since his coming on the Council. He believes management of the City needs professional leadership through a professionally trained manager. He would support legislation that would retain election of Council members by districts. Mr. Collins stated he did not believe the resolution as presented is the same as the petition being circulated by VOTE. He asked the City Attorney for a legal opinion on that point. Mr. Sievers stated two petitions are being circulated. One petition calls for a reclassification to a Title 35A Non - charter Code city, which is fairly straightforward. The second petition contains three ordinances, which are grouped together. Two of the referred ordinances, one dealing with Initiative/Referendum Powers and the other Civil Service provisions, which are currently in affect through the City's Charter; both are fairly identical to provisions in the resolution. The third ordinance calls for Council members to be selected by districts with the Mayor/Council President also elected at - large, which is not included in the proposed resolution. Based on his earlier opinion to Council, that would be inconsistent and not lawful under Title 35A. Mr. Johnson questioned what would happen if the second one passed? Mr. Sievers stated the petition calls for the Council to affect those ordinances. If it passed, it would be his opinion not to pass the one ordinance affecting districts for TAPE #1129 ' City Council Reg. Mtg. Minutes August 11, 1993 Page 19 of 27 Council members and an at - large Mayor, since they are tied together in the same ordinance. And, it was his opinion that Council could pass the other two ordinances, which would be one way to approach it to see if the City will be required to follow through on the ballot title requiring the City to pass an ordinance. He suggested Council could clarify things by bringing a declaratory judgement saying they were not obligated to follow that one ballot measure setting up districts and Mayor elected at-large. Mr. Colvin raised the point again whether or not the petition was the same as the proposed resolution. Mr. Sievers explained there are two petitions and taking them together they are like the resolution. If approved, the ballot could contain all the items except for the one addressing election of Council members by wards and the Mayor being elected at - large. Mrs. Horton questioned if the proposed resolution alluded to only the first petition? Mr. Sievers stated yes. Mr. Walbel stated for clarification the two petitions are similar to the resolution but have critical differences. Mr. Collins stated on the petition it states: "Therefore pursuant to the provisions of RCW 35A the electors of the City of Bremerton direct the Legislative body to submit to the voters of the City of Bremerton the following proposition: The City Of Bremerton does hereby pursuant to the Revised Code of Washington RCW Title 35A reorganize as a non - charter Code City". He questioned if that statement meant currently the City of Bremerton is a RCW 35 City and those are the rules Council would have to go by in order to change to a Code city? He questioned if the petition was in the realm of Title 35A or Title 35? Mr. Sievers explained the procedures for the form and number of signatures required for a petition to move to a 35A classification are set forth in RCW 35A itself. It directs how a city that is already incorporated under some other classification moves to a classification of a Code city. That is the specific provision in State law, so RCW 35A would control. Mr. Colvin questioned because the City is currently under RCW 35, wouldn't the City have to use the rules of RCW 35 to make a change. Mr. Sievers stated no, 35A sections specifically addresses that this transition, which is proposed, would control and would preempt the City's own Charter. If the City's Charter was more restrictive on getting rid of the Charter and going to RCW 35A, State law would not allow that and it would have the provisions of RCW 35A in control if they were more lenient. He noted that was the situation in that the City's Charter required more signatures on the petition and 35A said no, we don't want to make that tough, but 10% petition would be sufficient to put TAPE #1129 ' City Council Reg. Mtg. Minutes August ll, 1993 Page 20 of 27 it on the ballot. That question was cleared early on and discussed with Municipal Research. President Fitz questioned if the petitions were presented together and people signed one and then the other? Mr. Sievers stated he could not answer that question due to his not having first hand knowledge. President Fitz stated the wording on the second petition states that it will take place upon passage of the first petition, so she is assuming they were in that order. If this proposal does not pass at this time, could the VOTE group still use the petitions or would they be required to provide new ones since the people who signed the first petition were under the impression Council members would be elected by district or wards? Mr. Sievers stated it is difficult in that people could present testimony on representations that were made by people collecting signatures or how the two petitions were presented. But, on the face of the two documents they are clearly separated as two distinct petitions even though one says that these things will not go into effect without passage of another petition or another form of government. Again, that could be through petition or Council action. He believes the first petition could be presented on its own without the other having enough signatures. In fact, it does not state this and he did not know if it was clear to the people signing, but there are different numbers of signatures required for the two petitions for submittal. Mr. Stone explained members of VOTE have been getting two signatures on the two petitions and they do qualify under different signature requirements. Petition # 2 is not impacted by the Title 35 vote requirements and Charter requirements, so they are looking at totally different numbers there. He believes VOTE can qualify petition # 1 and quite possibly not meet the signature requirements for petition # 2, that is why they asked for Council's assistance. They also believe there is a possibility that the second petition could be challenged because there is a difference of opinion as to whether or not it is possible to have both ward elections and at-large under RCW 35A. That was one reason why the proposed resolution addresses the at - large issue and not the ward issue. #0809 M/S/C(Waibe1/Collins) that the City Council not pass Resolution #2436. Mrs. Horton stated in response to Mr. Johnson's comments, she believes his own comment about not abandoning districts also spoke in favor of abandoning districts. She has always been a proponent of "districts", but based on the fact that two out of five Council districts had several people file for TAPE #1129 ' ~ City Council Reg. Mtg. Minutes August 11, 1993 Page 21 of 27 positions and three had no opposition she was coming to a different conclusion. Bremerton is a community that has some very serious problems and if people out in the community want to point at this Council and even the Mayor saying they are responsible, then Council needs to take a hard look in the mirror and say the responsibility with good government begins with me. That means we need to look at getting more people involved and if the district method is not getting people involved, then we need to figure out what method will get people involved. Contrary to Mr. Land's statement, when Council discussed forming the Ad Hoc Advisory Committee they did not specify to only look at the Charter, this Council said to look at the Charter and City government and make a recommendation. The Committee worked long and diligently and did that, and she believes they came up with a good recommendation. Cecil McConnell stated he chaired the Ad Hoc committee and in response to Mr. Waibel's comments about the three individuals resigning, each of those three people attended exactly three meetings each and did not stay around long enough to even discover what the committee was going to look at. As far as the issues they looked at, they were directed to look at the City Charter, at the services provided by the City, the government of the City, and different forms of government and all aspects of City government. Contrary to what Mr. Land stated, there were no preconceived arguments in favor of any form of government. There was one form of government, which he was accused of not allowing to be discussed - the Commissioner form, which is an illegal form of government for a city the size of Bremerton. In one of the committee member's letter to Mr. Waibel it was stated that Mr. McConnell refused to allow discussion on that form of government. He was sorry Mr. Waibel placed so much emphasis on someone who attended three out of the 30+ meetings plus many telephone conversations with other cities. In answer to Mr. Johnson, his arguments were the same as his at the beginning of the discussions on "at - large"...the cost of running. As Councilman Horton stated, there are three districts with one candidate for the Council position and to him that means the territory needs to be spread out. Also, if the City goes to a non - charter Code form of government, wards can be formed and position # 1 can be designed as a Mayor and run at - large. Mr. Waibel stated he could interpret the results of the filings entirely the opposite way. In the district where only one person filing was the incumbent that could mean that people within that district feel they are being well represented. And, in the districts where the incumbent chose not to run, there are four people showing a lot of interest. TAPE #1129 City Council Reg. Mtg. Minutes August 11, 1993 Page 22 of 27 Mrs. Horton pointed out Mr. Johnson is not an incumbent and only one person applied for that position. Mr. Waibel stated that may be because Mr. Johnson served District 9 for a long time and they feel like whoever would file would do a good job. Mr. Colvin commended the Ad Hoc Committee for their diligent work and he believed them to be all honorable men and women. Today he received phone call in which someone stated "A1, you should vote for the change in government because this was a wonderful opportunity to get rid of Louis Mentor". He stated he did not believe that was the intent of the committee and that they were honest, sincere and forthright in what they were asked to do. He does not support having Council members running at - large because it is too much of an opportunity for them to be "bought". He would not be a Councilman today if the requirement was to run at - large as he would not have the financial means to pay for such a campaign. He questioned the number of meetings Mr. Land attended prior to his resigning from the Ad Hoc Committee? Mr. Land stated he recalled it was considerably more than three and he will provide a letter to Council identifying the number of meetings he attended prior to his resignation of November 22, 1992. Mr. Colvin questioned the reason why Mr. Land resigned from the committee? Mr. Land explained the Committee was not going any where and boiled down in minutia and interested having before them people telling them what kind of government they liked and if they liked or did not like the Mayor. The City Council members were all invited and he thought they should come if they wanted to. But, it was his feeling that experts in government should have been sought out to present options available. His suggestion at that time was to ask people from the University of Washington, University Of Puget Sound, and Pacific Lutheran University, who are scholars in this field, to speak before the committee and give them guidance. He was not successful in getting that sort of agenda into the committee. Mr. Colvin stated when he first joined the Council he was very supportive of a Manager/Council form of government and he still holds that opinion. But, in his little bit of wisdom it doesn't matter what label you put on the government, in the final analysis it is the people who are elected that make the real difference. He was sorry that the Ad Hoc Citizens Advisory Committee did not give Council the opportunity to follow up on their recommendations for improving the City's Charter and considering the form of government. He did not want to make hasty decisions that have long term affects. He felt the City would lose if Council members were elected at - large rather than by districts. TAPE #1129 City Council Reg. Mtg. Minutes August 11, 1993 Page 23 of 27 Mr. Johnson questioned if a change in government comes about with a seven member Council under 35A, can this Council then pass an ordinance that says there will be Council districts? Mr. Sievers stated yes. He quoted the following: "Elections to positions on the Council shall be by majority vote from the city at - large unless provision is made by charter or ordinance for election by wards". So, Council has the option, but the problem is there is another section that states a Mayor/Council President can only be selected at - large under a Manager form, in those cities where the Council members are elected at large. Mr. Johnson pointed out there are a lot of cities functioning very well having their Mayor elected out of their Council members. Mr. Sievers stated the default system if nothing else is stated and Title 35A is adopted, Council members would be elected at - large and the Mayor/Council President is elected from among those Council members who are elected for a two year term and then rotates. Council could have one or the other...if you want to have the Mayor/Council President elected at - large, you have to have all Council members be elected at - large. But, if Council is satisfied with electing the Mayor position from among Council members you can select by ordinance to have wards for Council members. This can be done by ordinance after this measure passes, it can be included on the ballot referred as an ordinance. Mr. Johnson stated he wished it was possible to keep the Mayor being elected at - large and Council members by district, but if it is all one or the other, he not did recall any debate as to whether it would be worse to have the Mayor elected by the Council, who would be elected by district, or the affects of having all of the Council members running by district. He acknowledged that he would not have signed up to run for a Council position if it would have required running at - large. If Council positions were elected at - large, he believes it could set up the situation where a Council member could become beholding to someone. And, those same people that were liable to donate that kind of money to a political campaign for 14 campaigns would probably be giving some of those funds to very needy charities within the community so that would be diverting a substantial amount of funds from charitable contribution or investment in the community to campaign buttons/signs. Mrs. Horton question could there be a proposition to adopt non - charter Code 35A status and a second one that says do you want wards and the Mayor/Council President elected from among the Council members or do you want to go to the at - large with the Mayor elected at - large"? Mr. Sievers stated yes, that would be a compound vote because it was not the total package asking to be voted up or down. But, you can say: "first of i TAPE #1129 City Council Reg.'Mtg. Minutes August 11, 1993 Page 24 of 27 all there will be a change in the form of government to 35A from a first class Charter city, then second, vote for one or the other - do you want wards and a Mayor from among Council members or do you want Council members at - large and a Mayor at - large elected to that one position for a term. president Fitz stated she felt this whole discussion just shows everyone how complicated it is and how many avenues there are that need to be looked at. Not everyone understands the issues the same way. Mr. Dawkins stated he probably has more indirect knowledge about City Managers because his daughter is the County Executive (City Manger equivalent) for Snohomish County. Prior to that position, she served as City Manager for the city of Mill Creek. She was asked and did speak before the Ad Hoc Advisory Committee. City Managers are required by their diplomas from the State and Colleges to upgrade their certification and average weeks for City Managers run 60 - 65 hours. He noted Bainbridge Island probably has the form of government that Bremerton should look at...a Mayor elected separately and sits on Council and the Council approves the City Manager. Of course, that would involve about $150,000 more per year...City Manager salaries range from $75 - 85,0000 for cities the size of Bremerton, plus other operational costs. If Bremerton was more affluent, that would probably be the easiest way to go. Such a form of government would keep a full time Mayor at the present salary and a City Manager who would be working more closely with the Council and the Mayor would sit on the Council. Mr. Colvin raised the question: "how much is this package going to cost the taxpayers". Mr. Sievers explained Council members would continue to earn what they current make until a Salary Ordinance is implemented and that can be changed from time - to - time with the proviso that you can't increase your own salary during your term, which is derived from the Constitution. A prediction or guess can be made of what will be needed to pay Council members. The Mayor's position, at least in the interim, is suppose to receive 25% of the Council's salary on top of that already received as a Council member for serving as a ceremonial Mayor. He has not conducted a Salary Survey for City Managers for a city the size of Bremerton. Mr. Stone stated from discussions he had with ICMA and the International City Managers.Association and Washington City Managers Association, the City could anticipate a salary range of $75 - 85,000. If we end up with the elected officials classification under 35A, there could bean annual savings of approximately $63,000. Putting those TAPE #1129 City Council Reg. Mtg. Minutes August 11, 1993 Page 25 of 27 figures together, it comes out to an increase of approximately $20,000 per year. Presumably, professional management should somehow produce an effective savings equal to that amount. Mr. Neville stated he did not believe this was an issue that Council could or should resolve, it should be taken to the voters either by an Advisory Ballot or by the petition method. Vote on motion: In Favor: Colvin, Johnson, Neville, Waibel, Collins, Fitz Opposed: Horton, Dawkins NOTE: THIS MOTION WAS WITH DRAWN BY MR. JOHNSON FOLLOWING DISCUSSION BY COUNCIL MEMBERS. #1509 M/S (Johnson/Horton) that Council pass a revised version of Resolution # 2436, which would add the proviso that a secondary ballot measure would be added to allow the people to decide whether or not it would be Council members and Mayor by Districts or Council members and Mayor at - large. Mr. Sievers stated no matter what that will look like, when that resolution comes back it would strike section # 2 from the ordinance being referred and would set up the secondary ballot measure asking for a choice on that issue. Mrs. Horton suggested holding the vote on this motion for one week so that the City Attorney could write such a resolution and then present it to Council. Mr. Johnson stated he had no problem holding the vote on this issue for one week. He emphasized constituents in his district strongly support having Council members elected by districts. If Mr. Sievers can provide a revised resolution for next week's agenda, he would withdraw his motion. Mr. Sievers stated he could support that. 7B - RESOLUTION NO. 2439 APPROVING ADVISORY BALLOT REGARDING CITY GOVERNMENT, #AB93-162 The attached Advisory questions to be placed on the November 2nd ballot were approved by the City Council on 5/26/93. The County Prosecutor has advised the County Auditor that a Resolution of the Council must be passed to place these issues on the ballot. The Resolution must be passed prior to September 17, 1993. Questions on Advisory Ballot are: Advisory Measure No. 1: Should the City of Bremerton adopt a City Manager form of TAPE #1129 ' City Council Reg. Mtg. Minutes August 11, 1993 Page 26 of 27 government? Advisory Measure No. 2: Should the City of Bremerton elect Council members by City - wide election instead of by district election? Advisory Measure No. 3: Should the size of the Bremerton City Council be reduced? Advisory Measure No. 4: Should an election be held'for the purpose of electing a board of fifteen freeholders who will prepare a new City charter for approval by the City voters? Cecil McConnell, Almira Drive, stated it appeared to him at this point about the best thing the City Council could do wouldbe to remove Agenda items 7A, 7B and 7C off the agenda. He agreed with earlier comments that the issues discussed on a change in form of government have become more confusing as time goes on. He quoted the following from RCW 35A.02.040: "Petition or resolution pending restriction and exception - while proceedings are pending under any petition or resolution relating to reclassification of a municipality or reorganization of the government thereof pursuant to this chapter, no resolution shall be passed for the purpose of initiating other such proceedings or submitting other such proposals". He referenced that statute because the Advisory questions could be construed to be initiating some other type of action and definitely the next issue on the agenda (7C) is initiating other such proceedings. Under 35A, once the petition is pending, and he is under the impressing it is pending now, the only other thing that can go on the same ballot is: "35A.02.090 Alternative plan of government - proposals for each of the plans for government authorized by this title may be placed on the ballot in the same election by timely petition as provided in this chapter. When the ballot contains alternative proposals for each of the plans of government the ballot should clearly state that the voters may vote for only one of the plans of government". Now, any other issue on the ballot has to be a 35A issue, according to RCW 35A.02.090. President Fitz stated she agreed with Mr. McConnell that continued discussion on these items only adds more confusion for the citizens. She questioned the process considering the fact Council previously voted on the Advisory Ballot Resolution some time ago before the issue of RCW 35A was TAPE #1129 City Council Reg. Mtg. Minutes August 11, 1993 Page 27 of 27 brought to Council? Mr. Sieves stated the Agenda Bill stated to formally place the advisory measures on the ballot Council needed to take the additional step, according to the County, is to pass the resolution conveying it to the County Auditor. There is nothing that has a binding affect which would force a series of steps to implement Chapter 35A form of government on the ballot or otherwise - no resolution has been passed nor has the City received any petition at this time. #1936 M/S/C(Horton/Johnson) to table this issue for one week. Vote on motion: In Favor: Johnson, Neville, Horton, Dawkins, Colvin Opposed: Waibel, Collins, Fitz Motion carried. 7C - RESOLUTION NO. 2438 AUTHORIZING A BALLOT PROPOSITION FOR THE ELECTION OF FREEHOLDERS, #AB93-163 The proposed Resolution requests the County Auditor to place on the November 1993 ballot the proposition providing for the election of 15 freeholders for the purpose of preparing a new City charter. The City Council is authorized to cause an election of a board of freeholders pursuant to RCW 35.22.140. #1990 M/S/C(Collins/Horton) to table this item for one week. Vote on motion: In Favor: Neville, Horton, Dawkins, Colvin, Johnson Opposed: Waibel, Collins, Fitz Motion carried. With no further business meeting adjourned at 8:22 P.M. KATHLEEN L. McCLUSKEY, City Clerk EILEEN FITZ, Council President City of Bremerton KLM/EF/me cc: Normal Distribution File/Vault