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HomeMy WebLinkAbout02/24/93TAPE #1091 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES #0027 #0060 FEBRUARY 24, 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, February 24, 1993, at '5:30 p.m., with Council President Eileen Fitz presiding. Council members present were Lon Overson, Richard Neville, Lynn Horton, Hank Waibel, C. R. "Tiny" Collins, and Morris Dawkins. Councilmen A1 Colvin and Russ Johnson were absent. Also present were City Attorney Ian Sievers and Deputy City Clerk Gil Johnson. The meeting opened with the Pledge of Allegiance led by Council President Fitz and Invocation given by Reverend Ernie Grames, now retired. President Fitz announced Council would hold a Study Session on the "Bremerton-Gorst Connector Road Project" immediately following the Council meeting. CON8ENT AGENDA A. Minutes of Meeting - February 10, 1993, #AB93-036 Mr. Waibel noted under Item 7A (Page 18) his name was not listed as a "dissenting vote", and under Item 7B (Page 18) a typographical error was noted in the last line of his comment on that issue. M/S/C/U(Waibel/Collins) to approve Consent Agenda as amended. CLAIMS/WARRANT REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the council. M/S/C(Horton/Dawkins) February 24, 1993, the Council does approve for payment those vouchers included and further described as follows: 164000, 164002, 164026, 164028 through 164326 in the total amount of $755,434.29; and Regular Payroll for the period ending February 15, 1993, in the amount of $512,827.80; and Retirees Payroll for the period ending February 28, 1993, in the amount of $94,203.10. Vote on Motion: In Favor: Neville, Horton, Waibel, Fitz, TAPE #1091 City Council Reg. Mtg. Minutes February 24, 1993 Page 2 of 12 Abstain: Collins, Dawkins, Overson Motion carried. COUNCIL MEMBER REPORT8 Mr. Collins reported Kitsap Transit held two meetings on Tuesday, February 23, at the Transit facility regarding the use of buses by the commuters who park in the Charleston area. Kitsap Transit distributed over 200 flyers, one on each vehicle parked in the Charleston area that did not appear to be a local resident, as well as posting on telephone posts. The information provided on the flyers conveyed to the commuters that there are better ways of getting into town and the shipyard, by bus, van pool, etc., and to explain these various methods to the commuters. He found it amazing the small number of people (approximately 40) who attended those two meetings. And, the majority of those attending were residents of the Charleston area, not commuters. One of the incentives being offered by Kitsap Transit was one month free commute. Apparently, more work is needed on this issue. Mr. Collins learned that the City's Parking Committee is soon to be implemented and hopes that progress can be made through that group as well. Mrs. Horton reported today she attended a meeting of the Committee of the CENCOM Board. This committee has been meeting regularly for quite some time and serves as a formula committee for CENCOM. At that meeting, the Committee decided that until everyone is brought together, the Board Of Directors and user groups (Fire and Police Chiefs and Sheriff from various jurisdictions), to figure out the direction for CENCOM in the future, they will never put to rest how CENCOM is funded. On May 11 and 12 a Retreat will be held where a decision will be made as to where CENCOM needs to move into the future. They will be looking at various funding formulas, possibly making CENCOM a stand alone taxing entity with its own Board Of Directors, as well as making some fine tuning changes to the existing Board Of Directors. They also talked about the possibility of televising a forum on some of the things discussed during the Retreat because the public needs to be proactive on how 911 is managed and funded. She emphasized CENCOM is something that all of Kitsap County needs to recognize will be a major area for discussion, needing everyone to participate. Mr. Waibel stated during the past several weeks he became aware of a recreational vehicle parked in the right-of-way for almost a month, appearing to him to be a violation of the City's 72-hour ordinance. However, he discovered it is TAPE #1091 City Council Reg. IMtg. Minutes February 24, 1993 Page 3 of 12 ridiculously simple to circumvent the intent of that ordinance. In addition, this RV is in front of a home on a corner lot, which makes it difficult to see around even though it is parked a couple of inches over 30 feet from the corner. He supports moving ahead and cleaning up the language in the ordinance where proper and safe use of right-of-way can be addressed. Mrs. Herton noted the Traffic Safety Committee is reviewing that issue and will be forwarding onto Council their recommendations. Mr. Waibel noted previously Council was told that parking enforcers only respond to complaints. He found out it is very difficult to make such a complaint if not of an emergency nature. He has asked Mayor Mentor's assistance in developing information/process that would make it easier for the public to make complaints on such issues. Mrs. Fits reminded everyone Council will hold a Study Session following the Council meeting on the Bremerton-Gorst Connector Road project. She also reminded everyone of Councilman Colvin's neighborhood meeting scheduled for Thursday, February 25, 7:00 P.M., at the Sheridan Park Recreation Center. She noted Mayor Mentor would not have a report at this time due to his attending the AWC Legislative Conference in Olympia. PUBLIC RECOGNITION Robert Craig, 1221 Elizabeth, stated he did not understand the recycling issue. He asked if the mandatory recycling program will be gotten rid of. Mr. Dawkins stated regulations are coming from higher up...State and Federal mandates. Mr. Craig felt there had to be a better way than to charge the public for the recycling program whether or not they used the service. Mr. Overson suggested referring Mr. Craig's questions to Ms. McCluskey, Director Of Administrative Services, who could provide a written response. President Fitz explained the City did enter into a new garbage collection contract that does include recycling. She believed that a tactical error was made in allowing the use of the 20- gallon garbage cans as an incentive to decrease from a 30- gallon can to the smaller can prior to the recycling program coming on line. The cost for garbage pickup of a 20 gallon size can plus the recycling rate would be less than the rate for one 30 gallon can. Many people are unhappy over the recycling program and the City is trying to resolve some of those concerns. Mr. Craig emphasized he already recycles and when living in other states he experienced the opportunities to take recycables to a disposal area that was made available at no charge. Mr. Overson pointed out to Mr. Craig that he was misinformed that approving the contract was a Council decision. He explained the contract was proposed to Council by Mayor Mentor and his staff. Staff is responsible for TAPE #1091 City Council Reg. Mtg. Minutes February 24, 1993 Page 4 of 12 developing contracts and it is the Council's responsibility to pass or reject those agreements. Mrs. Hotton pointed out other cities have mandatory recycling programs and costs are, one way or another, passed on to either the user or the property owner, or the General Fund of the City reimburses the recycler for costs associated with the recycling program. When the State mandates that cities do curb side recycling, which is what happened, then the costs get passed on, either up front or covered up, to the people who live there. Council was put into the position to figure out what the best vehicle was to accomplish this and there are a lot of people unhappy over that decision. Gordy Byrd, P.O. Box 930, announced on Friday, February 26, a group of Bremerton High School students are holding a dance with the proceeds from that event being donated to his "Byrd's Nest" home for the homeless. As of today, he has collected $16,867.55 toward his homeless shelter. He extended a special "thank you" to Sally Sledge, who has written newspaper articles about his "Byrd's Nest" project. Sally's work with Gordy has been documented and submitted to the National Education Board in Washington, D.C., as a contender in a nation-wide contest. Sally has the potential to win a $5,000 prize. Betty Bus11 1722 High Avenue, reported she has had her recycling bins blow away and also stolen, which she reported to Brem-Air. It took a month to replace the two recycling bins and on top of that, she got charged the recycling fee for that month. She was disheartened that her two bins were once again blown away during the wind storm on February 23. 6A - APPOINTMENT OF DISABILITY ACTION COMMITTEE, GARY J. HOTTEN, CLYDE OSBORN, EDWARD BAKER, CAROLYNRUSSELL, STEVE R. GAULKE, AND DOUG CLELAND, #AB93-037 The City Council adopted an ADA grievance procedure which utilizes a Disability Action Committee as a hearing board for ADA grievances. This ordinance establishes the make up of the committee and outlines its duties and responsibilities. It is recommended the following be appointed to the Committee: Gary J. Hotten Clyde Osborn Edward Baker Carolyn Russell Steve R. Gaulke Doug Cleland Peggy Lessor, Risk Manager, stated as noted the Mayor is in Olympia and not able to make this presentation but he did want to bring confirmation of the above named individuals before #0860 TAPE #1091 City Council Reg. Mtg. Minutes February 24, 1993 Page 5 of 12 Council so that movement can be made in establishing the Disability Action Committee. As background information, Ms. Lessor noted Gary Hotten is an Employment Consultant, in Bremerton, and involved with the Navy League and Rotary; Clyde Osborn is a Nuclear Engineering Technician at PSNS and is involved with the Shriners Organization; Edward Baker is a Program Coordinator at Holly Ridge Center and involved in Kitsap County's Board For the Developmentally Disabled and with United Way; Carolyn Russell is a Program Supervisor for 50 developmentally disabled citizens and is also involved with Kitsap Peninsula Housing Authority and the Association For Retarded Citizens; Steve Gaulke is the Executive Director of Kitsap Peninsula Housing Authority and is a community advocate and an educator for mental health issues in the community and the needs for those with developmental disabilities as well; Doug Cleland is an Electronics. Supervisor at Keyport where he also chairs the advisory committee for employees with disabilities. She emphasized the City is pleased to have such qualified applicants. On behalf of Mayor Mentor, she urged Council to confirm the appointments of these individuals to the Disability Action Committee. Public comment - none. Mr. Waibel noted the ordinance that Council passed did require that certain individuals on this committee be members of the disability community themselves. He questioned if the City was meeting the guidelines of the ordinance through these individuals? Ms. Lessor stated yes, the ordinance that was passed did specifically require that two of the members represent the disabled community and one member representing an Advocacy group for the disabled. Mr. Collins stated he had worked with Mr. Osborn for several years and was somewhat concerned that Morrie Dawkins was used as a reference and he was not. Mr. Overson questioned if it was true that this Committee's first meeting was conducted in a room that was not accessible by the disabled? Me. Lessor stated no, that rumor is not true and in fact this group has not yet met. M/S/C/U(Waibel/Dawkins) to confirm the appointment of the above listed people to the Disability Action Committee. President Fits noted that Item 6B would be placed on the March 3, 1993, City Council Agenda. AMENDED PROFESSIONAL SERVICES AGREEMENT WITH R.W. BECK, TAPE #1091 City Council Reg. Mtg. Minutes February 24, 1993 Page 6 of 12 #AB93-039 The proposed contract is an amendment of the R.W. Beck & Associates contract for management consulting services approved by Council on November 24, 1992. Randy Witt, the newly hired City Engineer, is scheduled to begin work April 5, 1993. The original contract is amended to extend the term of the contract until April 12, 1993. The contract is also amended to provide additional compensation of $18,000.00 for the additional term of the contract. Dan Eisses, Acting Assistant City Engineer, stressed the welcome assistance of Gene Sampley in managing the Engineering Department. The Department is down several engineering personnel and any assistance they receive is greatly appreciated and helpful. He noted there are times it is difficult just "getting by" and it is very helpful having someone available to help coordinate things between the Engineering Department and Utility Department. At this point, Gene Sampley is knowledgeable of issues and projects and this would provide for a good transition when the new City Engineer comes on board. Kathleen Caha11, Utility Water Quality Manager, echoed the same sentiments as Dan Eisses. She noted the unexpected dismissal of the Utility Director in November was quite a shock to their department. At that time, the Utility was already short staffed and in the middle of several large projects. Gene Sampley has brought professionalism and a new perspective to the Utility and has been able to maintain operations and provide customer service for their customers. Most of the large Utility projects were able to stay on schedule, due largely in part to increased coordination between Departments that has been occurring lately. It is still difficult working in an environment of uncertainty, but Mr. Sampley is sensitive to their needs. She stressed the continuity of direction that he can provide the department is especially critical now as they complete the transition into the reorganization regardless of what formthat reorganization takes. Mr. Waibel stated he was not present during Council's Study Session on this proposal and questioned the length of the extended contract? President Fitz stated the contract would be extended to April 12, 1993. Public comment - none. Mrs. Hotton stated she was in a quandary on this item primarily because she knows that Mr. Sampley's assistance has i TAPE #1091 City Council Reg. Mtg. Minutes February 24, 1993 Page 7 of 12 helped a great deal, especially with staff members. She pointed out the Assistant City Engineer and Assistant Utility Director vacated their positions nearly nine months ago and before the removal of the Utility Director and City Engineer that was approximately six months, so people were not brought on board in that time period. With this expansion and the original contract the City will be paying, if approved, $61,000 for 4 1/2 months of work from Mr. Sampley. She believed something has gone wrong even though Mr. Sampley has done a great deal. She also feels the City has wasted $60,000 when people should have been hired to fill the vacated positions. The City has the history that when there are vacancies it takes nearly an "act of God" to get them filled, and we are paying $61,000 for that lack of movement on the part of the administration. Had those positions been filled, having the City Engineer and Utility Director leave would not have had such a severe blow. Mr. Overson stated it was too bad that the City Council has been put in this difficult position. If this proposal is not approved, it doesn't help the people in the departments who need the support. The report that the Council received basically states the only real problem is the need for staffing. He believes the City didn't need to pay such a high price to be told that and wished that people had been hired several months back. Mr. Waibel stated in looking at $18,000 for six weeks, which would amount to $162,000 per year, that was twice the amount per week that Mr. Sampley was being paid in the earlier agreement. He questioned why is the additional six weeks worth twice what the previous time cost the City? Ian Slevers, City Attorney, stated it was his understanding that the cost per hour would be the same as the earlier agreement. It may be that Mr. Sampley would be working more days per week than the previous agreement. Mr. Collins requested the City Treasurer to explain the proposal in the same way he presented this proposal to the Fiscal and Budget Committee. It was his understanding that the amount was designated as a "not to exceed" figure and could actually amount to a lessor amount. City Treasurer stated he could not address that point due to the fact that he has not seen the contract being proposed. Mr. Waibel stated any employment contract should not be a "not to exceed" figure, but should state the actual amount being paid to the person being contracted with. Overson stated correctly done this proposal should have TAPE #1091 City Council Reg. Mtg. Minutes February 24, 1993 Page 8 of 12 been accompanied by a budget adjustment, particularly in this case where the contract is paid by multiple departments. He questioned if that budget adjustment was available? Mr. Hanna stated that budget adjustment has not been prepared at this time. As was alluded to in the Study Session, there are a number of changes that need to be made in the very near future to the Utility Department's budget. #1207 M/(Overson/ ) that Council continue this item until next week at which time the staff will present a budget adjustment in accordance with the City policy so that we can have the information to make a decision. Motion died for lack of a second. Mr. Collins stated under normal conditions he would agree with Mr. Overson, however, the existing contract terminates on March 2, and the next City Council meeting is March 3. Mr. Overson questioned if Mr. Collins was allowing himself to be subjected to this coercion and make a decision that may not be correct? Mr. Collins stated he did view the situation in the same way as Mr. Overson. He believes Mr. Sampley and R.W. Beck Company have done an outstanding job of what they have been asked to do. He did not feel this contract should be allowed to expire because Mr. Sampley's services are needed as well as the other expertise of R.W. Beck for a months period. Mr. Walbel questioned the number of hours per week Mr. Sampley is expected to work during that six week period? Mr. Eisses explained the routine has been that Mr. Sampley worked three days per week, which would amount to 24 hours per week. He was not aware who developed the subject proposal, however, it was his understanding that the amount of time Mr. Sampley would work was the same as the earlier agreement. Mr. Dawkins stated he recognizes that funding is tight, but he is concerned about the staff who are working shorthanded and felt approving the proposal was something that had to be done. President Fitz stated she believed for the first time in a long time, since Mr. Sampley's arrival, there has been coordination between departments, which she views as very important. A new City Engineer has been hired and will be on board as of April 1, and he will need a weeks transition time to be caught up on all the projects that are on going in the City as well as being introduced to the departments. #1402 M/S/C(Collins/Dawkins) motion to approve proposed contract amendment. TAPE #1091 City Council Reg. Mtg. Minutes February 24, 1993 Page 9 of 12 Vote on motion: In Favor: Motion carried. Opposed: Abstain: Waibel, Collins, Dawkins, Fitz Neville Overson Horton 6D - CONSENT ORDER ON CSO'S, #AB93-021 Department of.Ecology has proposed a Consent Order setting a compliance schedule for reduction of combined sewer overflows. Ecology is charged with working with local governments to develop plans and compliance schedules designed to achieve the greatest reasonable reduction of combined sewer overflows at the earliest possible date. Such a schedule shall be a condition of any waste discharge permit. The "greatest reasonable reduction" has been defined in ecology regulation as an average of one untreated discharge per CSO per year. Bremerton has 16 CSO sites which exceed this standard. The "earliest possible date" is of course subject to differing views and a schedule has been negotiated as the central feature of the proposed consent order. Ian Sievers, City Attorney, stated following Council's Study Session on this issue, he did draft some language changes that seemed to have a tone that the City, through some inaction, was at fault currently in its ability to reduce the CSO's as quickly as reasonably possible. In reference to the Scope Of Work, the City again took some initiative proposing some scheduling during the later period (5-10 years) of the plan through the City's amended CSO Plans, which would then be approved by the Department Of Ecology (DOE). The re-opener emphasized that the City would have some rights to reopen the agreement and apply for those changes to Ecology and use the Dispute Resolution process if it was not approved by Ecology. There was one additional change that Ecology was not asked to consider but one which he felt Council should share in some of the discussions and may end up wanting to make such a change at this point. He referenced Sections XIII. EXTENSIONS OF DEADLINES, there was some thought that the City might define "good cause" after the first sentence and at least put a minimum definition of "good cause" giving the City the right to an extension. If such a change is done, he proposed the following sentence be inserted after the first sentence: "At a minimum good cause shall exist where delays are caused by lack of requested matching funds from Ecology or Public Works Trust Fund during a time when City rates are at a hardship level as defined bv WAC 173-95". It was felt that this minimum threshold was not necessary as Ecology itself defined "financial hardship levels" for rates in this Consent Order. It was felt that they had done that as a tool in judging their TAPE #1091 City Council Reg. Mtg. Minutes February 24, 1993 Page 10 of 12 own actions in requiring a reasonably quick compliance and that certainly if that situation did exist they would consider it "good cause". It was felt that perhaps including that language limited the City's rights to argue something less than hardship rates, for instance, we may be in the top quartile of cities in Washington as far as rate structure and could use that as an argument for delay until other cities experience the same level of rates. He thinks that threshold is so close to the City that any benefit received out of that argument would be limited and it might be best to include that cap so that rates weren't expected to just be increased to meet the funding required to stay on schedule. If Council wished to include such a change they could do so, however, it was not included in the changes submitted to Ecology. Ecology did approve the changes that were proposed. Mrs. Horton questioned if Mr. Sievers had stated previously that the City could not exhibit a hardship case based on current rates? Mr. Sievers stated he was not sure where the figures placed the City, but he felt they were fairly close according to our calculations and the City Treasurer is recalculating that data. Mr. Overson noted it depended on whose rates one is talking about. The citizens would give the impression that they are already at a hardship case, but Ecology may not share that same view. Mrs. Horton stated if that was subjective, she preferred closing that sentence not as a hardship case but saying we can be extended if we don't get a grant from Ecology or a loan from the Public Trust Fund thereby putting the onus on Ecology. In the opening statement it states: "Any conduct described herein by means of the words will, may or shall does not recreate a promise, or any legal duty on the part of Ecology". It seems to her that Ecology wants the City to play by the "will" rules, but they do not have to. If Council approves this proposal, the onus should be placed on Ecology to come up with matching funds to assist the City. Mr. Collins pointed out the City had its chance and "blew it". When the Department of Ecology was establishing their regulations, we could have gone to Olympia and testified at their hearings and possibly some of the "stiff" measures would not have been adopted. He referenced the similarity in the development of OSHA regulations. If we are going to continually keep getting in the bind on these things, we need to be smarter and get the message across what the State is doing to the cities. Our legislators don't know what they are doing to us if we don't tell them. He felt a better job is being done to inform the nine legislators that represent Kitsap County. He supported approving this proposal because at this time there is no way out. TAPE #1091 City Council Reg. Mtg. Minutes February 24, 1993 Page 11 of 12 Mrs. Hotton requested the City Attorney to read the statement he suggested Council consider. Mr. Sievers stated again he was addressing the City's extension of deadlines that are set forth in the Consent Order as follows and the language is intended to say that there is good cause for an extension when two things coincide: (1) the State has not funded enough money in the Public Works Trust Fund or Ecology's grant sources that allow the City to draw on when we make application; and (2) that the City's rates are at financial hardship level as determined by Ecology" The second sentence in that section would read: "At a minimum, good cause shall exist where delays are caused by lack of reauested matchina funds from Ecology or the Public Works Trust Fund at a time when City rates are a hardship level as defined by WAG 173.95". Kathleen Caha11, Water Quality Manager, pointed out the Consent Order just states what the City has told Ecology it will do in its CSO Reduction Plan. There is a possibility that the City would be given a Consent Order even if Council did not agree to the one presented, and that Order would not have input from the City. It is her understanding that Ecology has the right to issue such an order. She reminded Council that the deadline for grant applications is February 26. Staff has been very busy preparing grant applications and doing the analysis necessary to determine rates and hardship levels. If the City does not have the Consent Order signed, the application for the Warren Avenue project cannot be submitted. She stressed that the State does not have a lot of funding resources this year, but without the signed Consent Order the City will not be in competition for those funds. Mr. Collins questioned if the City doesn't get" in line" for funding this year will we next year? Ms. Cahall stated the City could get in line for funding next year but it will be a year from now to submit such a request. The Consent Order would give the City extra points in the grant application. Most importantly, with the Warren Avenue project, it buys the City time so that not all plans and specs have to be ready by February 26. Public comment - none. #1962 M/S/C/U(Horton/Dawkins) to approve the execution of the consent order.with the amendment to the order as stated by Mr. Sievers (highlighted in text). President Fitz reminded everyone these are very expensive rules and regulations, which the City will be paying for a long time and they will impact the City and rate payers. Mrs. Horton stated just like the gentlemen spoke at Public TAPE #1091 City Council Reg. Mtg. Minutes February 24, 1993 Page 12 of 12 Recognition and indicated it was "Council's" fault a contract was approved permitting mandatory curb side recycling. This is another issue where Council has very little choice because the State is saying "this is what you have to do". She noted it could be much worse, however, Council is trying to figure out the minimum that can be done and still try to fulfill environmental obligations. It is not probably going to be "if" but rather "when" rate increases come to the consumer and such an increase is being dictated by the State. She emphasized the City must stand up and say to the State start making environmental rules that make sense and won't kill us. With no further business meeting adjourned at 6:47 P.M. KATHLEEN L. McCLUSK~Y, City Clerk L~~EEN~~,~Con~rPresident City of Bremerton KLM/EF/me cc: Normal Distribution File/Vault