HomeMy WebLinkAbout11/09/92TAPE #1070
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
NOVEMBER 9, 1992
NOV s 4
#0030
#0064
#0076
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, Monday, November 9,
1992, at 5:30 p.m., with Council President Lynn Horton
presiding. Council members present were Lon Overson, Richard
Neville, Eileen Fitz, C. R. "Tiny" Collins, Hank Waibel,
Morrie Dawkins, A1 Colvin and Russ Johnson. Also present were
City Attorney, Ian Sievers and City Clerk, Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by
Council President Horton and Invocation given by Council
Member A1 Colvin.
President Hotton announced that Item 7C was pulled until the
December 2, 1992 meeting and Item 7E was pulled indefinitely.
CONSENT AGENDA
A. Minutes of Meeting - October 28, 1992
#AB92-274
M/S/C/U (Waibel/Fitz) 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.
M/S/C/U (Colvin/Dawkins) on November 9, 1992, the Council does
approve for payment those vouchers included and further
described as follows: check numbers 159604 through159708, and
check number 159524 (for bottled water) in the total amount of
$144,236.82 and regular payroll ending 10/31/92 in amount of
$602,937.81.
President Hotton stated that unless the water is proven to be
undrinkable, Council will not approve payment for any more
bottled water bills.
COUNCIL MEMBER REPORTS
Mr. Johnson stated the bottled water bill they paid tonight
went to the golf course where there are no facilities for
drinking water. He also commented on the recent department
TAPE #1070
City Council Reg. Mtg. Minutes
November 9, 1992
Page 2 of 12
heads firings stating he didn't know if the firings were
merited, but found the process used to be embarrassing to be
on the same City government, and everyone needs to be treated
with dignity regardless of their job or position. He stated
people need to be told of their shortcomings, have that
documented, and then be given the opportunity to respond to
those shortcomings. He felt the manner in which this was
handled sends a bad message to the rest of City's department
heads.
#0113
Mr. Colvin reported that District #1 is having a meeting
Thursday, November 12, 1992 at 7 p.m. at Sheridan Park
Community Center. Subject of the meeting is "Neighbors
helping Neighbors" with Officer Jon Johnson discussing the
Block Watch Program. Mr. Colvin stated last Friday he
attended his first Growth Management seminar and it was
pointed out that the counties must take the lead. He
interpreted that to mean that cities and counties must start
talking to each other. A citizen called him about the Ad Hoc
Committee and discussed the citizen's concerns, namely length
of meetings, sketchy minutes and committee members objections
to the meetings being tape recorded and the recorder being
turned off at times. He expressed concern that the final
product be a worthwhile product.
#0203
Mr. Collins announced that at 2:30 a.m. his daughter provided
them with their second granddaughter. Concerning the recent
firings, Mr. Collins stated he will not comment on the
procedure, but feels the Mayor is in charge of personnel of
the City and feels the Mayor did what he did in the best
interest of the City.
#0240
Mr. Overson stated he agrees with Mr. Johnson. One day the
Mayor said there will be no pink slips and a couple days later
two senior managers are fired, which in his opinion is
inappropriate from a human standpoint and irresponsible from
the City's standpoint because severe damage has been done to
the people and the City.
#0261
Ms. Fitz reported last Friday she attended a meeting at the
Bremerton School District along with Council President Horton
and Mayor Mentor. The Gang and Drug Committee at the School
District has determined their goal for this year is to post
all schools in the Bremerton School District as Drug Free
zones. Each school will be posted within a 1,000 foot radius
and within that area anyone caught dealing drugs will not only
get the mandatory sentence, but 24 extra months and there will
be no plea bargaining. While it will not stop all drug
dealing in the City, it will keep it away from the schools and
TAPE #1070
City Council Reg. Mtg. Minutes
November 9, 1992
Page 3 of 12
if it doesn't, the penalty will be even greater. She
encouraged all citizens to get behind this effort. City parks
are also considered Drug Free zones, and those dealing drugs
within the parks face the same penalty. Soon, people will be
hearing about this and in the spring large yellow and black
signs will be erected around the schools that say "Drug Free
Zone". Cooperation is requested from the citizens as some
signs may be posted close to their property.
#0326
Mr. Waibel stated typically there is a week between meetings
and asked if Mr. Sievers had a response regarding the
landscaping on the school construction project? Ian Sievers
stated they are sending a letter to the School District
demanding they supplement their landscaping according to the
plans approved at the Planning Commission level. Mr. Walbel
stated his understanding that a lot of mud is going into the
water during the last couple of heavy rainfalls and asked if
they are complying with EPA and DOE? Mr. Sievers stated they
have not looked at that, but they are in violation of their
erosion onto the City streets and there's the potential for
future action if that happens again. Mr. Waibel felt it is
hypocritical of Council to direct the Mayor to "clean house"
before Council will let him do anything, and then when he does
"clean house" say he shouldn't have done it. Mr. Overson
stated Council never asked the Mayor to "clean house".
#0387
PUBLIC RECOGNITION
Mayor Mentor stated in relation to the firings, the easy thing
is to do nothing, he chose to do something which he believes
is the correct thing. Mayor Mentor discussed the Drug Free
Zone meeting with the School District and felt the citizens
are supportive of having Drug Free areas in the schools. He
also attended a meeting last Friday with representatives of
law enforcement offices in Kitsap County. The Mayor stated
there is concern that there is not enough communications
between various law enforcement agencies in the County and he
attended to discuss the levy just being passed, and to assure
all agencies that Bremerton is ready to cooperate in everyway
we can. This Thursday morning Main Street and the Chamber are
meeting at Melody Lane to discuss law enforcement concerns in
the downtown area. Mayor Mentor stated City Hall is closed
Wednesday due to Veteran's Day Holiday.
#0464
Cecil McConne11, member of Ad Hoc Committee, discussed minutes
of their meetings. He stated the meetings are public and
everyone is welcome to attend. After the last meeting they
decided they will go back to taping the meetings. They are
having trouble locating a tape sensitive enough to pick up
everything said. He stated the meetings are three hours long
#0579
#0607
TAPE #1070
City Council Reg. Mtg. Minutes
November 9, 1992
Page 4 of 12
but they don't feel that is too long. He asked Council to
direct them to use the tape if that is their desire.
M/S/C/U (Colvin/Collins) require the Ad Hoc Committee to tape
their meetings in their entirety. Abstain - Waibel
6A - INFORH~TION ITEM: STATUS REPORT REGARDING THE GOLD
MOUNTAIN GOLF COURSE N~INTEN~CE FACILITY, #~B92-275
Per City Council's request and the Ivary & Associates
professional services agreement scope of work, this agenda
item represents the first in a series of monthly status
reports regarding the Gold Mountain Golf Course Maintenance
Facility project.
Vicki Vanneman, Parks Director, stated this is the first of
many status reports on designing a new maintenance facility at
Gold Mountain, and designing it for future expansion if the
City decides to move forward with a 9 or 18 hole expansion.
She referenced documents contained in the agenda packet,
stating the site plan and project schedule are preliminary and
will be until they return to Council with cost estimates and
phasing recommendations. She stated Mr. Ivary will be making
that presentation in approximately two weeks. She discussed
the design phase and stated it is going quite well. A
systematic approach has been taken and the attention to detail
will ensure the City will have a quality facility and clear
specification for the contractor to follow. Ms. Vanneman
stated she has received excellent cooperation from the
Engineering Department and today the survey crew completed the
boundary survey, which is an important step in the progress.
Using detailed sketches, Ms. Vanneman explained details of the
grounds design and new facility buildings.
President Hotton stated according to the preliminaryschedule,
the bid process will start January 29, 1993. As they are
trying to put together a Public Works Complex and the
buildings are the same type or similar, she asked is it a
possibility they could go to a joint bid to take advantage of
a lower price to get more for their dollars; and, is it
possible to get the design of the Public Works buildings by
the end of January? MaYer Mentor stated the timing is about
the same, the design is not being done in-house. He stated he
will look into that to see what the possibilities are.
Mr. Overson asked if they are working on a ceiling for funds
as far as construction? The estimate for budget purposes for
1993 is $400,000 for this project. With the Golf Course
revenue they do have some latitude with the Golf Course
#1087
TAPE #1070
City Council Reg. Mtg. Minutes
November 9, 1992
Page 5 of 12
budget. If Council chooses to do the entire project and it is
more than $400,000, the Golf Course budget would allow for
that latitude. Ms. Vanneman stated they intend to give
Council cost estimates for the entire maintenance facility and
it's sized for 36 holes. At some point in time there will be
36 holes... it might be next year or 10 years, but that
project is going to be tackled and the maintenance building is
being designed with that in mind. PEesident HoEton stated
when Ms. Vanneman came to Council at the last study session
and discussed the maintenance facility they were looking at
golf course expansion in October, which has not come to pass.
She asked if Ms. Vanneman had an idea when she will come to
Council with a design or the next phase? Ms. Vanneman stated
now that the maintenance facility is underway, and following
discussion with the Mayor, she feels comfortable proceeding
with an RFQ to begin the design phase for the expansion.
Council should be hearing about that within the next month, at
least before the end of the year.
ME. Collins stated when they last discussed this, he asked for
a PERT diagram but the Minutes reflected it as being a PARK
diagram. He stated the initial and revised schedule is not
what he is interested in. He wants to see a PERT diagram.
This is a very involved project and it is a good project and
Ms. Vanneman has good ideas, but Mr. Collins felt they need a
better type of scheduling than what is shown here. Ms.
Vanneman stated she had talked to Mr. Ivary about a different
format for the next presentation to Council in the next two or
three weeks; cost estimates, phasing, and final site plan.
Ms. Vanneman concluded that she feels the format will be
satisfactory to Council.
7A - CHANGE ORDER NO. 4 (FINAL) OUIGG-BROS., MCDONALD, INC.
CONTRACT FOR CONSTRUCTION OF BREMERTON OVERWATER PARK, #AB92-
176
This change order (final) adds $6,614.61, including WSST 7.8%,
to the present contract and does not change the date of
substantial completion. The new contract amount is
$2,200,955.72.
Kathy McCluskey noted that according to the Treasurer, there
is a balance remaining in construction contingency of $8,217.
ME. SieveEs stated this is final change order on the
construction contract, allowing a final EPA grant application.
Public comment - none
#1280
TAPE #1070
City Council Reg. Mtg. Minutes
November 9, 1992
Page 6 of 12
Mr. Overson discussed the Overwater Park project totaling
$3,071,000 which is significantly different from the
$2,000,000 presented and asked if there is an easy
explanation. President Hotton stated the $2,000,000 is just
for the construction. Mr. Sievers stated this looks like the
mitigation total and that's in the reserve fund. Mr. Overson
asked if that means there are other changes in order?
President Hotton stated this is the final construction change
order. Mr. Overson stated the contract amount should read
$2,571,000. President Hotton stated the contract portion with
Quigg Bros. is $2,200,855.75, which excludes design,
mitigation or anything else.
M/S/C/U (Overson/Waibel) approve change order no. 4 to Quigg-
Bros., McDonald construction contract.
President Horton asked Mr. Sievers if he can check on the
Portico contract and see if there is a final amendment to that
contract. Mr. Sievers stated he believes that there are a
couple of items before closeout of that contract with an
estimated amount of $18,000. President Horton stated if that
is the case, the City Treasurer needs to prepare a budget
adjustment. Mr. Hanna stated according to the last
conversation with Mr. Baker, final amounts to Portico and Art
Anderson were open to negotiations. If they have been firmed
up, he will proceed with a budget adjustment request.
7B - LEASE AGREEMENT BETWEEN CITY OF BREMERTONAND NORTHWEST
COMMUNICATIONS/US WEST PAGING, INC., #AB92-277
The lease agreement with Northwest Communications/US West
Paging, Inc., (formerly Kelley Communications Co.) for
operation of a telecommunications system expired May 14, 1991.
Attached for City Council's consideration is a proposed
agreement to allow continuance of operation of tele-
communications equipment at the site known as CS-18 Coast
Guard Site, at Cheryl Street and Olympus Avenue in East
Bremerton, for an additional five years and to establish a
monthly site rental fee of $412.80 plus applicable leasehold
tax during the first year of the lease.
Mr. Sievers stated this is a continuation of the existing
lease and the term reflects cost of living (CPI) over the past
lease. Mr. Waibel asked how this can be a continuation when
the lease has expired? Mr. Sievers stated there has been a
carryover and they have been making lease payments.
Public comment - none
#1345 M/S/C/U (Dawkins/Colvin) approve the lease agreement between
#1372
TAPE #1070
City Council Reg. Mtg. Minutes
November 9, 1992
Page 7 of 12
the City and Northwest Communications/US West Paging, Inc. and
authorize the Mayor to execute the agreement subject to City
Administrative Policies and Procedures.
7D - AMENDMENT #l/CONTRACT #3413 - PROFESSIONAL SERVICES
AGREEMENT WITH PARAMETRIX, INC., #AB92-279
The Utility, in response to the request of residents of the
west side of Kitsap Lake for wastewater services, has a
requirement for professional services for the design of a
wastewater system to serve that area. This amendment provides
for design of the West Kitsap Lake Sewer project. Design
services include surveying of the improvement area,
preparation of plans and specifications for construction of a
wastewater pump station, collection and force mains, cost
estimates, and bidding services. The estimated cost of
professional services is $43,596.
Bill McKinney, Utility Forestry Supervisor, stated he will
answer questions and there are representatives from Parametrix
available as well.
Mr. Waibel stated it appears the overall contract is being
increased and inquired if this means they are coming in over
the original $50,0007 Mr. McKinney stated the additional
$43,000 cost is for surveying and other engineering for the
design. It is in addition to the original $50,000, there is
approximately a $13,000 carryover from the original contract.
Mr. Dawkins asked if there is a time element? Mr. McKinney
stated the plan and design must be into the DOE by the first
of the year for their approval.
Mr. Colvin asked what the consequences would be if the time
element is not met? Mr. McKinney stated 60% of the residents
have signed promissory notes for their portion of the cost of
the main. There is approximately $300,000 available from
Centennial State Funding. In response to an inquiry, he also
stated in the 1-1/2 hours he had to review six months of work,
he didn't see any problems. He stated it is part of the
comprehensive plan for sewer expansion and will fit in with
the rest of the system.
Mr. Johnson inquired if this schedule will permit meeting the
grants as planned. Walt Berschauer, Parametrix, stated the
reason for the time schedule is that the closing date for
applying for grants is February 21, and a set of plans must be
submitted to DOE 30 days in advance in order to be eligible
for grant funding. They are targeting for January 15 or
before.
#1630
#1732
TAPE #1070
City Council Reg. Mtg. Minutes
November 9, 1992
Page 8 of 12
Jack Lefcoski, Kitsap Lake resident, encouraged the City to
have Parametrix prepare all the grant papers. The City's
Utility Department is in transition now, and feels this should
be given to professionals to prepare.
M/S/C/U (Dawkins/Colvin) approve amendment #1 to Contract
#3413 for the preparation of design plans and specifications
associated with the proposed Kitsap Lake sewer system and
authorize the Mayor to execute the amendment subject to City
Administrative Policies and Procedures.
Mr. Overson was out of Chambers during the vote.
President Hotton stated there will be no budget study session
following the Council meeting. They will meet next Monday.
8A - RESOLUTION #2413 ADOPTING THE CITY OF BREMERTON COMBINED
SEWER OVERFLOW REDUCTION PLAN, #AB92-281
The Utility, pursuant to Washington State DOE regulations
promulgated under Washington Administrative Code 173-245, is
required to formally adopt a plan for the reduction of
combined sewer overflows into waters of the State. The City's
plan provides for characterization and analysis of CSO
facilities and control methods and sets forth a schedule of
projects for compliance with the Washington State DOE
regulatory requirements.
Kathleen Caha11, Water Quality Manager for Utilities
Department, stated the Utility has been working diligently in
the area of Combined Sewer Overflows (CSO). Although the
overflows are addressed in State permit for the treatment
plant, Bremerton is required, by State law, to develop a plan
of action to reduce overflows that occur during heavy rains.
Work on this CSO plan has been in progress for several years,
which has taken a great deal of planning and regulatory
review. Using a chart, Ms. Cahall discussed the plans for
water quality improvement for Dyes and Sinclair Inlets.
Mr. Johnson inquired if the City is responsible for CSO 17.
Ms. Caha11 responded in the affirmative. President Hotton
stated that is the one the Shipyard has asked the City to
move.
Public comments - none
Mr. Johnson inquired as to the difference between this plan
and the Consent Order from the Department of Ecology? Ms.
Cabal1 stated they have met with the DOE and they are in
agreement with how the City has prioritized their plan. The
TAPE #1070
City Council Reg. Mtg. Minutes
November 9, 1992
Page 9 of 12
Consent Order will formalize this Plan in that order. Mr.
Johnson asked what will this do to the average person paying
their sewer bill? Ms. Cabal1 stated each project has their
own financing, the Consent Order would just be following the
plan as it is outlined. Mr. Johnson stated his understanding
is that once this goes in, the City will adhere to that order,
grant money or not. Ms. Cabal1 responded yes.
Mr. Sievers expressed opinion that there is a contingency; if
something is infeasible and calls for grant money for a
portion of the plan, there would be a renegotiated Consent
Order. Ms. Cahall stated with the Consent Order it
potentially puts the City in a higher priority for grant
funds. Mr. Johnson stated the State is also having funding
problems with less and less funding available, and if the City
is tied to this by an agreement, he doesn't want the City in
the position of having astronomical rates. He stated the City
needs to adopt this plan, but when negotiating the Consent
Order to make sure there will be reasonable rates. ~r.
Sievers stated Council will address that at a future meeting.
Ms. Caha11 stated these two projects are in progress,
hopefully the City will be in a position in Februaryto apply
for grant monies. There is a push to get these going so they
can meet that window to apply for the grants.
Mr. Colvin inquired if there is any feeling on how this will
affect consumer rates. Ms. Cahall stated the plan doesn't
address that, but each individual project does. They won't
know until they get to each project, and whether or not they
can get grants or loans.
Susan Denis, CH2M Hill, stated it is difficult to answer the
question on what the impact will be due to the unknown
quantity of construction costs as well as the impacts of
grants and loans. In the past, Ecology has defined what they
call a hardship rate which is based on a medium income in the
community affected. Beyond a certain rate, DOE tends to
contribute more funds. Ms. Denis estimated the City would be
eligible for that funding. She also stated she felt the rates
to users need to be specifically addressed in the Consent
Order.
President Hotton asked Ms. Cahall if this is a wastewater
project? Ms. Cabal1 responded yes. President Hotton stated
State and Federal governments have said this will be a
priority, with cities to look at establishing a storm water
utility, either within the system or as a separate system.
She asked how, at that point, will this be segregated out for
#2250
TAPE #1070
City Council Reg. Mtg. Minutes
November 9, 1992
Page 10 of 12
storm water versus wastewater, in terms of projects, funds,
etc? Ms. Caha11 stated each basin is segregated out and it
depends on the options for each basin, whether it's separation
which would be two complete basins, storm water, wastewater,
sanitary flows. In that case, it would impact storm
water... it depends on what is chosen. Ms. Denis stated each
project is unique and the City has some latitude in assigning
a project to one utility or another. Mr. Colvin asked if the
goal in the future is to separate stormwater from wastewater?
Ms. Denis responded in the affirmative. She stated the CSO
reduction plan is that which will happen sometime beyond year
2000, but the immediate goal is to go after the largest CSO
problems first.
Mr. Overson asked if a portion of the bonds that were started
last week are going in the direction of solving some of these
problems? Ms. Denis stated it is her understanding a portion
of those bonds will be used to pay for engineering and staff
services. She also stated she was not aware of the
construction funds and where those will be derived from.
M/S/C/U (Collins/Waibel) to approve Resolution #2413, adopting
City of Bremerton Combined Sewer Overflow Reduction Plan and
authorize the Utility to implement said Plan subject to City
Administrative Policies and Procedures.
8B - RESOLUTION #2414 AUTHORIZING CONCURRENCE TO DYES INLET/
CLEAR CREEK WATERSHED ACTION PLAN, #AB92-282
The Puget Sound Water Quality Authority promulgated rules
pursuant to RCW 90.70 to develop and implement action plans
for watersheds in the Puget Sound Basin most in need of
corrective and preventive actions. Under the rules, a local
watershed management committee developed an action plan for
Dyes Inlet and Clear Creek Watershed. Each planning and
implementing agency in the area is required to issue a
statement of concurrence or non-concurrence with the Plan.
A statement of concurrence must indicate a jurisdiction's
intent to adopt implementing policies, ordinances and
programs. Non-concurrence should specify revisions to
sections of the plan which require that jurisdiction's
involvement. Two unresolved issues are described in the final
revised plan in chapter 6, page 104. These are: 1) a broad
ranging recommendation to direct commercial and high density
development and redevelopment to urban areas where services
are already available; and 2) a recommendation that Kitsap
County classify all land in the Chico Creek, Clear Creek and
Barker Creek basins that are managed for timber production as
"forest lands".
TAPE #1070
City Council Reg. Mtg. Minutes
November 9, 1992
Page 11 of 12
The final plan will be submitted to Ecology for approval.
Ecology may resolve remaining unresolved statements of non-
concurrence. The City must incorporate, subject to available
appropriated funds or other funding sources, the provisions of
the final approved plan in its planning, regulatory and
appeals actions.
This resolution authorizes the Mayor to execute a statement of
concurrence with the Action Plan elements involving City
action.
Mr. Sievers stated the County, who is the lead agency, is
pressing a deadline and must get this to DOE so they may
submit applications for funding, which funds many of the
actions addressed in the Plan.
Mr. Johnson asked if this is the same plan the County had
trouble with where they wouldn't protect the banks at Clear
Creek and Chico Creek? Mr. Sievers stated he wasn't involved
in the negotiating process with the regional committee, but it
appears those issues were placed on an unfinished agenda to be
resolved through the Growth Management process.
Public Comments - none
#2504
M/S/C/U (Johnson/Colvin) approve Resolution #2414 authorizing
statement of concurrence withDyes Inlet/Clear Creek Watershed
Action Plan.
8C - ORDINANCE #4395 PROVIDING SUPPLEMENTAL TERMS AND
CONDITIONS FOR ISSUANCE OF WATER/SEWER REVENUE BONDS AND
DECLARING AN EMERGENCY, #AB92-283
The City has been informed by bond counsel that the bond
insurer will require certain additional provisions beyond
those provided in Ordinance #4393. These additional
provisions will be necessary in order to obtain bond insurance
which is an essential element of the transaction, therefore,
emergency passage is requested.
Mr. Hanna, City Treasurer, characterized the changes as
"boiler plate" changes, and stated when the underwriters
attempted to execute the insurance contract it came to light
that these specific provisions would be required to be in
language of the Bond Ordinance, where the earlier assumption
had been that their inclusions in a contract for the provision
of insurance would be adequate. There is nothing in these
provisions that changes the structure or nature of this
transaction in any way. It just clarifies and adds some
TAPE #1070
City Council Reg. Mtg. Minutes
November 9, 1992
Page 12 of 12
specifics to the City's reporting requirements, as keeping the
provider of the bond insurance informed throughout the life of
the bond issue. The Underwriter and Bond Insurer assured Mr.
Hanna that there is nothing in this ordinance that will cause
a hardship to the Utility. Mr. Hanna also stated that since
the closing date for this transaction is coming up quickly,
there is emergency language in the ordinance which will
require unanimous passage.
Mr. Walbel stated there's a provision against the City using
anything other than a policy issued by the Bond Insurer, and
asked what other kinds of policies would the City think about
using? Mr. Hanna stated he discussed this with the
underwriter as they are trying to accomplish a single bond
insurance policy.
Dick King, Lehman Bros., the underwriter, stated the specific
provisions they were trying to cover is if the City should use
a surety bond in place of a cash investment to meet the debt
service requirement and to use some other type of bond
insurance for the bonds themselves.
Public comments - none.
M/S/C/U (Waibel/Fitz)
emergency basis.
to pass Ordinance No. 4395 on an
With no further business meeting adjourned at 7:05 P.M.
KATHLEEN L. McCLUSKEY, City Clerk
LY~~NHORT~N, Council President
City of Bremerton
KLM/LH/eh
cc: Normal Distribution
File/Vault