HomeMy WebLinkAbout02/24/93TAPE #1091
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
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#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,
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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
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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
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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
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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,
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#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
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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
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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.
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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
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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.
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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
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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
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