HomeMy WebLinkAbout09/04/91TAPE #951
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
1991
#0037
#0048
SEPTEMBER 4, 1991
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, September 4,
1991, at 5:30 p.m., with Council President Lynn Horton
presiding. Council members present: Lon Overson, Wayne Estes,
Spencer Horning, Hank Waibel, C. R. "Tiny"Collins, Morrie
Dawkins, A1 Colvin and Russ Johnson. Also present were City
Attorney Ian Sievers and City Clerk, Kathleen L. McCluskey.
The meeting opened with the Pledge of Allegiance led by
Council President Horton and Invocation given by Reverend Jim
Hill of Neighborhood Christian Center.
President Horton announced Council would hold an Executive
Session immediately following the Council meeting to discuss
"litigation", per Chapter 42.30,110(1)(i).
CONSENT AGENDA
A. Minutes Of Meeting - August 21, 1991, #AB91-222
B. Bid Award Recommendation - Ductile Iron Pipe - Awarded To
Pacific States Cast Iron Pipe For The Amount Of
$56,864.47, #AB91-223
M/S/C/U(Waibel/Dawkins) 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 September 4, 1991, the Council does
approve for payment those vouchers included and further
described as follows: 135727 through 135840 in the total
amount of $86,476.99.
COUNCIL MEMBER REPORTS
Mr. Johnson reported he and his wife will be expanding their
recycling activities to include "worms" to dispose of "wet"
garbage. He noted the County Recycling Coordinator has
available free plans for making a worm box and worms are
TAPE #951
City Council Reg. Mtg. Minutes
September 4, 1991
Page 2 of 18
available in the County. He was recently informed that
several local service organizations, such as Goodwill, VFW,
Lions Clubs, were having problems keeping their locations for
recycling containers at commercial shopping areas. A number
of these organizations have been asked to move out of those
areas. He urged local businesses or landowners, who would be
willing to work with such organizations, to call the Council
office and he would coordinate matching them up.
Mr. Colvin reported on a recent visit to Mobile, Alabama and
New Orleans, which was prompted by an invitation to
participate in his son-in-law's family reunion. His son-in-
law is the youngest of 16 children, who were raised in a very
poor farming community. He was pleased to announce that this
family produced many professional individuals and that it
showed what could happen when such determination is put in
motion. He attended a Mobile City Council meeting and
presented a #1 pin to the Mayor of that city. He also shared
ideas with this group as well as their local citizens. He
received a commemorative plate from the Mayor of Mobile.
During his visit, he toured the USS Alabama, which is located
in a park that attracts 300,000 tourist a year. Upon
returning to Bremerton he learned that the USS Missouri would
be coming back to Bremerton. He viewed this as another
positive step in attracting more tourist to this area. He
enjoyed the Blackberry Festival and particularly enjoyed
riding in the parade. On that day, he also visited the
Farmers' Market for the first time. He announced Kitsap
County Auditor Karen Flynn will conduct training for Deputy
Voter Registrars on September 26, 1991, 7:00 PM, at the Kitsap
Regional Library. Anyone interested in participating in this
training or obtain additional information may call 377-7218.
Mr. Dawklns reported he had a very good time at the Blackberry
Festival. The weather was outstanding for this event as well
as for the ribbon cutting ceremony for the overwater park
project on Tuesday.
Mr. Collins found the Blackberry Festival's many food booths
to be tempting and was pleased with the large crowd that
gathered for this event. He announced Puget Sound Air
Pollution Control Agency (PSAPCA) will hold a televised public
hearing on September 12, 9:30 AM, in the City Council
Chambers. Another PSAPCA public hearing is scheduled for
September 26, Room A Center House at the Seattle Center.
Discussion on burn ban areas and wood stoves will be held
during the public hearings. He announced Animal Control's
Hotline phone number is 478-5366.
TAPE #951
City Council Reg. Mtg. Minutes
September 4, 1991
Page 3 of 18
Mr. Overson reported on Tuesday, September 3, the City
officially kicked off the construction of the overwater park.
He pointed out the Farmers' Market will continue to be located
on the waterfront even though there will be construction going
on.
Mr. Estes reported on Tuesday, September 3, he conducted his
third tour of the Pre-Release Facility and those participating
on that tour were: Mike Phillips, Editor of The Sun, three
Council candidates - Jeff Asher, Roger Oraker and Chuck
Laubach. He offered to schedule additional tours of the Pre-
Release Facility, even on Sunday, if anyone is interested.
Mr. Morning reported on the following actions/information
obtained during the Executive Planning Council meeting this
date: (1) Kitsap Transit is preparing to go out for bids for
Paratransit Services (copy of document to be in Council
office). (2) Kitsap Regional Planning Council discussed the
Transportation Improvement Plan (TIP) programs that have been
scheduled for the cities within Kitsap County and the County.
The TIP will include three projects in the City of Bremerton,
two on Kitsap Way and repair of Manette Bridge. (3) Burn
Bans - an information sheet was provided which ~id show that
Kitsap County was included in the burn ban area. (4) Kitsap
County did receive some growth management funds, which will
provide funding for the Regional Council in months and years
to come. He noted unfortunately the requirements that go
along with growth management are significantly higher than
grant funds received. (5) Mayor Mentor brought before the
Executive Planning Council a recommended change to membership
representation relating to a procedure of replacing a
representative who became incapacitated and had to vacate
their seat on the Planing Council. The Council's response to
that proposal was of a positive nature. Mr. Johnson
questioned if Kitsap County was in a burn ban right now? Mr.
Collins stated no - the press release states that public input
is sought during two County meetings of the PSAPCA Board on
whether the bans should apply only to densely populated areas
and areas prone to smoke build up or to whole counties as in
the past years. The map that Mr. Horning referred to was
similar to the map that PSAPCA staff started working from, but
it is not set as to whether all of Kitsap County will be in
any kind of a burn ban when one is called. Mr. Morning noted
that Governor Gardner had recommended that Kitsap County, as
a whole, be included in such a ban. Mr. Collins emphasized
that the PSAPCA Board would make the final decision on that
issue. Mr. Johnson questioned if the Executive Planning
Council discussed growth management as it related to urban
boundaries, etc.? President Morton stated there was a
TAPE #951
City Council Reg. Mtg. Minutes
September 4, 1991
Page 4 of 18
separate committee appointed this date (Mr. Horsley, Mr.
Granato, Mr. Mitchusson and Mrs. Horton) to develop an
overview of what the policy for growth management should
include. This would be the first step in achieving that
goal. Mr. Johnson noted he was very skeptical about the
process and felt that those policies needed a lot of staff
input and public discussion. President Morton reported there
was also discussion by a representative of the League Of
Women's Voters that their organization would be studying the
growth management issue and public meetings would be held to
inform the public. Mr. Johnson questioned if this committee
would be replacing any negotiations between the City and
County? President Hotton stated no. Mr. Homing noted the
newly appointed committee would be making recommendations how
to go forth to get it out for public discussion. Because
regional issues were difficult to handle in a once a month
meeting, they will now be meeting two days each month starting
in November.
Mr. Waibel also attended the Blackberry Festival and he and
his daughter Holly tried to uphold the Council's #1 position
in the children and Parents' Obstacle Race, however, they only
came in 2nd place. He found it surprising that not only the
downtown was full of people but the Farmers' Market was as
well on that day.
President Horton reported she also attended the Executive
Planning Council meeting this date and the Board of Health
discussed the Dyes Inlet Action Plan for the clean up of Dyes
Inlet. Council will be scheduling a Study Session on this
issue as part of the regular October Study Session. At that
time, a member of Kitsap County will speak on the action
program and a copy of the action plan will be left in the
Council office for review. The emergency management of CenCom
Board Of Directors met and discussed the upcoming 1992 budget.
A copy of that budget will be routed to Council members and
she requested any comments be made to her, Mr. Horning or
Mayor Mentor by next Tuesday. The proposed budget is calling
for additional staffing provided there is an additional
console installed. If another console is approved, it would
require another frequency because the currently frequency is
already used up. On the September 17 Ballot, Proposition #1
to continue Enhanced 911 in Kitsap County will be before the
voters. This is not a new tax.
PUBLIC RECOGNITION
Mayor Louis Mentor announced a news article headline: "Pop's
Inn" took 3rd place at Nationals. It was thought to be the
TAPE #951
City Council Reg. Mtg. Minutes
September 4, 1991
Page 5 of 18
highest finish ever by an adult league Bremerton softball
team. The ground breaking ceremony for the overwater park
went very well with good representation from many elected
officials. On Tuesday, September 3, he attended the United Way
Kick-off, which is being chaired. by his wife, Paulette. In
reference to the Blackberry festival, he was pleased with its
success, including the excellent attendance at the Farmers'
Market on that same day. He acknowledged the assistance of
crewmen off the USS Carl Vinson and USS California for helping
set up and take down equipment for the festival.
Del Knauss, Olympic Avenue, stated he felt it was arrogant of
Councilman Estes to go out and solicit the location of a Pre-
Release Prison facility when that was not the Council's job.
He expressed concern that he had not received answers to
questions he had previously posed to Mr. Estes. He did not
feel he was adequately responded to by the City Attorney in
regard to the nine questions he had posed to the Mayor and
Council relating to Roosevelt Field/Olympic College. He again
stated those questions and made personal comments relating to
each question. In reference to the Mayor's proposed new
entrance into Bremerton, Mr. Knauss expressed concern that the
Mayor had lead everyone to believe the State was pushing for
this new roadway. He stressed this was not true and that it
was actually Mayor Mentor who was pushing the new entrance.
President Morton announced Council will be holding'a Study
Session on September 9, and a portion of that meeting will be
set aside to discuss the new proposed entrance into Bremerton.
6A - AUTHORIZATION TO SIGN GRANT AWARD CONTRACT WITH FEMA TO
PROVIDE A RESIDENTIAL FIRE SPRINKLING TRAILER DEMONSTRATION
PROGRAM, #AB91-224
The Federal Emergency Management Agency has awarded the City
of Bremerton Fire Department a Residential Fire Sprinkler
Trailer for demonstration and educational purposes. This
contract provides $10,000 to develop and implement programs
with the trailer. Council authorization is required for
contract signature.
Connie DevaneV, Grants writer, pointed out the grant was in
the sum of $10,000 and would provide funding for the City's
Fire Prevention Officers to go out into the public and put on
demonstrations for education and prevention, sharing the
benefits to installing residential sprinkler systems.
Public comment - none
Mr. Johnson questioned how much additional labor will be
required to fund this program? Ms. Devaney stated there is
TAPE #951
City Council Reg. Mtg. Minutes
September 4, 1991
Page 6 of 18
already a staff person available to work in this area. Also,
it was her understanding that at the time of demonstrations
there needs to be a fire truck available as a back up in the
event something goes wrong with the demonstration. Mr.
Johnson questioned if the Fire Department budget would
increase just because the City has acquired the trailer and
does the City have something other than a Fire truck to pull
the trailer? Lori Jones, Fire Prevention Specialist,
explained the trailer will be pulled by a Fire Department
pickup truck and she will be taking on the responsibility of
running the demonstration. At the time of the actual
demonstration, she would call in a Fire truck to standby until
the demonstration was concluded.
Mr. Estes questioned where would the demonstrations be held,
in parking lots or neighborhoods? Ms. Jones explained part of
the grant funding will go to remodel the trailer, making the
demonstration more visible from the outside. In this way if
someone did not want to sit inside the trailer while it was
being demonstration they could watch the activities from the
outside. Once the trailer is remodeled it will be available
for neighborhood demonstrations and anyone can call her office
(478-5393) to schedule such a demonstration.
#1570
M/S/C/U(Waibel/Estes) to authorize signature of attached
contract.
6B - INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN CITY OF
BREMERTONAND CITY OF ENUMCLAW FOR THE PURCHASE OF A BACKHOE,
#AB91-225
The approved Utility budget for 1991 provided for the purchase
of a backhoe for infrastructure improvements and maintenance
activities within the Utility's service area.
Attached for Council Consideration is an Intergovernmental
Cooperative Agreement between the City of Enumclaw and the
City of Bremerton for the purchase of a backhoe utilizing the'
City of Enumclaw's purchasing contract.
Public comment - none.
Bill Duffy, Utilities Director, explained the existing backhoe
had over 4,000 hours of use and it will be semi-retired to the
watershed and used to replace roads, etc. The new equipment
will be used to install water mains, etc., in the City.
Mr. Overson questioned why the backhoe was not purchased
earlier in the year since it was already in the 1991 budget?
Mr. DuffV stated generally on their major purchases he
#1734
TAPE #951
City Council Reg. Mtg. Minutes
September 4, 1991
Page 7 of 18
monitors the water sales to see how revenues are coming in to
fund such purchases. If for some reason funds were short then
he could choose to delay such a purchase.
President Horton questioned if there was some sort of network
where cities published when they were building perspectus for
equipment? Mr. Duffy stated it was mostly by word-of-mouth
and generally he purchased equipment off the State Bid List
and the City's Purchasing Agent receives copies of that list
each year. This list includes vehicles, lighter vehicles and
equipment, etc. There are three or four suppliers of heavy
equipment and usually he would contact them to find out if
they had bid on items for other cities.
M/S/C/U(Dawkins/Colvin) to approve the Intergovernmental
Cooperative Agreement between the City of Enumclaw and the
City of Bremerton for the purchase of a backhoe for
infrastructure improvements and maintenance activities and
authorize the Mayor to execute said agreement subject to City
Administrative Policies and Procedures.
6C - PORTICO CONTRACT AMENDMENT - CONSTRUCTION MANAGEMENT OF
OVERWATER PARK PROJECT, #AB91-226
With work beginning on the Overwater Park there is a need for
construction management on a full time basis and continuing
design/re-design, as needed to satisfy local, state and
federal requirements. The proposed contract with the Portico
Group will provide, as needed, professional services of
architects, structural, civil, electrical and geo-technical
engineers as well as a materials testing laboratory.
This contract amendment adds $195,000 to the existing contract
for $92,964 for a total of $297,964.
Dave Baker, City Engineer, stated this is an amendment to the
Portico Contract to provide for administrative services during
the project, which include but not limited to: testing
(concrete and pile), geo-technical services, review by
Architect and Structural Engineer for design of any changes
deemed necessary. This amendment is an extension of the
existing Portico contract, which was for design of the
project. The project was designed and did go out for bid,
which included some changes to their design necessitated by
the Department Of Fisheries requirement and there are also
administrative costs that will be incurred.
Public comment - none.
Mr. Estes stated a few weeks ago Council passed a contract
TAPE #951
City Council Reg. Mtg. Minutes
September 4, 1991
Page 8 of 18
amounting to approximately two million dollars on this project
and at that time he remembered Mr. Baker stating no additional
funds would be required and did not understand why Mr. Baker
was back asking for additional funding. Mr. Baker explained
the contract approved a few weeks ago was for a contractor's
contract for the construction of the project. At this time,
there is a need for inspection services, geo-technical
services, etc., that go on during the contract and would come
under an amendment to the existing Portico contract. Mr.
Estes stated it was his belief that Council had been getting
false start of construction information from the Mayor; and he
learned the City was not keeping on top of getting the proper
permits in a timely manner for the project. He believes
Council should be kept up-to-date on the major construction
projects.
Mayor Mentor explained Council approved a total funding
package in the amount of approximately 2 million dollars and
out of that total package came construction, design,
inspection, etc. The funding being requested is all within
the originally approved funding of the project. This request
will not change the total cost of the project as previously
approved.
Mr. Johnson questioned what experience did Portico have in
construction/project management? Mr. Baker stated Portico has
a good background in construction project management. They
have done a number of similar type projects overwater and on
land. Mr. Johnson questioned the location of previous projects
managed by Portico? Mr. Baker stated Portico had constructed
projects in many northwest locations, including Kirkland and
Seattle. And, as the City Engineer, it is his job to determine
whether or not Portico qualified for this type project. Mr.
Johnson stated he had some real reservations as to Portico's
qualifications...construction drawing were promised June of
1990 and as of the latest minutes of the pre-construction
meeting location of the Harbor Master facility had not been
determined. Mr. Baker stated for clarification that Portico
was not designing the Harbor Master building nor the Turner
Joy gift shop. Mr. Johnson expressed great concern that due to
delays the Turner Joy has no access to the shoreline and PSNS
has no place for placement of their commemorative statue for
their Centennial celebration; and now the administration was
looking to expand Portico's contract for management of the
project. Don Pratt, Director of Community Development, stated
he is the Project Manager during the design of the overwater
park project. Portico was not hired to design the Harbor
Master's office nor the Turner Joy gift shop. They did design
a piece of the Centennial project but were not hired to do it
TAPE #951
City Council Reg. Mtg. Minutes
September 4, 1991
Page 9 of 18
all. Those three outside contractors coming in and doing their
design on top of the platformthat Portico designed was one of
the reasons for some lingering design coordination that has to
take place. The City has asked Portico to work with the
separate contractors designing separate projects and
coordinate interface staff, Which was not in the scope of the
original design contract. Mr. Johnson stated he firmly
believed that the delays had little to do with obtaining
permits and more likely due to the 18 months it took to come
up with a design. He found it totally frustrating trying to
get the project completed. Apparently the last step to be
done on the project will be the access to the Turner Joy.
Mayor Mentor explained if the boardwalk was built today, no
tourist would be able to board the Turner Joy, because the
preparation process is not complete. He emphasized how much
he wanted this project to be on schedule, however, there was
nothing he could look back on that he'd wished the City had
done differently. Mr. Johnson stated maybe if Council had
frozen the design that was drawn two years ago the project
would have been done. Mayor Mentor noted the project was not
started until March of 1991.
Mr. Overson expressed concern as to the exact amount of
compensation being requested considering the use of t~o
different amounts in the supporting information. And, it was
his understanding that any redesign of the project was
included in the original contract. Mr. Pratt stated the
original Portico design explicitly left off construction
management and he recalled discussing that issue with
Council's Operation Committee. The original contract called
for Portico to bring the project within the estimated funding
set forth by the City and there was at least one full redesign
at the schematic phase and several partial redesigns beyond
the schematic phase when estimates were received that came in
higher than funding available. The design was done and the
project was bid out, with the project coming in under the
amount of money Portico designed it to. The redesign in the
amendment to the contract is based on the need to coordinate
some of the externally designed projects and some of the
lingering permit work that has to go on now.
Mr. Colvin questioned the wording "additional compensation",
and if additional funds will be sought in the future? Mr.
Baker stated no, what that means is that the City is simply
identifying the approximate estimated cost that it will cost
for testing laboratory work and geo-technical people. He
emphasized he would rather come before Council and request too
much funding at the beginning and return any unused portion
than to have to come two or three times and request additional
TAPE #951
City Council Reg. Mtg. Minutes
September 4, 1991
Page 10 of 18
funding.
Mr. Dawkins questioned if he was correct in his understanding
that Mr. Baker would oversee this project for the City? Mr.
Baker stated yes.
Mr. Waibel stated in reviewing the compensating and adding the
figures there is a $3,200 difference and questioned if there
was a reason for that difference? Mr. Baker stated yes, the
first figure, $95,000, was an estimate and the figures in the
document have been revised with the contract. Mr. Waibel
questioned for clarification if the $291,164.00 is actually
what is being requested at this time. Mr. Baker stated yes.
Mr. Morning noted this project started in excess of three
years ago, which shows how difficult government can be when it
deals with itself. He will support this request and he
believes it will greatly enhance the waterfront and he was
sorry it didn't happen earlier.
Mr. Estesquestioned what were the lingering permits Mr. Pratt
referred to? Mr. Pratt stated the City does have all the
necessary permit, however, there are lingering design
coordination that needs to take place. Permits are in place
for the Harbor Master's office and the Turner Joy gift shop in
a "guest form" configuration. There is some reconsideration
of the Harbor Master's office as to what it will look like and
if it is not built in the exact design, Council may see a
revised Shoreline Permit. The gift shop has not been designed
yet, there was only a guess as to what it may look like and if
the final design turned out differently than previously
thought, there may be the need for a revised Shoreline Permit
for that project. Mr. Estes questioned if this project would
involve the Federal government in any way and was it possible
to by- pass the State? Mr. Pratt stated there are some design
options that may involve the Corps Of Engineer Permit. There
are four or five projects happening on the waterfront. The
boardwalk is under way and what is being requested for
approval at this time would be funding for the management of
the boardwalk project. What the Port of Bremerton chooses to
do with the Harbor Master's office or Historic Ships chooses
to do with the gift shop the City has very little control
over. Mr. Estes questioned if there were any more obstacles?
Mr. Pratt stated the City has the budget, permits and
contractor on site and he believed the project is under way.
Mr. Collins pointed. out Congressman Norm Dicks did a lot to
TAPE #951
City Council Reg. Mtg. Minutes
September 4, 1991
Page 11 of 18
"uncork" any hold up in Washington, D.C..
President Hotton stated many months ago she talked about
hiring a Project Manager for the City. She felt had the City
hired someone in that capacity, the $195,000 could have
covered the annual salary of that person for three years. She
suggested getting a Project Manager position funded in the
1992 budget and once they were employed to possibly hand- off
this project to that person at that time. She has requested
Mayor Mentor to provide staff updates, on a regular b~sis, on
the progress of time frames and budgetary aspects of all major
projects in the City. She concurred with Mr. Estes that
Council needs to be kept more informed on projects of this
magnitude.
Mr. Johnson stated he did not feel comfortable awarding this
expanded contract to the contractor, but if approved, he
requested regular performance updates on their performance.
If the City hired a Project Manager, he would not hesitate to
turn over the waterfront project from Portico if that project
was not moving along in a timely manner. He did not want to
go through another summer season or Armed Forces celebration
without the facilities. Mayor Mentor stated Council would be
provided a flow chart showing the progress of the project. He
noted for clarification the Harbor Master's Office would not
be placed on the pier. President Hotton questioned if the
Mayor had any idea when the location of the Harbor Master's
office would be nailed down? Mr. Pratt explained where the
Harbor Master's office will be constructed does not affect the
construction of the boardwalk. Mr. Johnson pointed out it
would affect the use of the marina. Mr. Pratt stated the
boardwalk would be completed so that the Marina could be
hooked up some time in February. President Hotton pointed out
that the project encompasses more than just the boardwalk ...
there is also a park on the shore side, which was supposed to
have been considered as all one project. Council has strived
continuously to make sure that there is not just a concrete
and wooden boardwalk on the waterfront. Someone from the Port
of Bremerton needs to make a final decision so that the City's
project can move forward. Mr. Pratt stated the City is
building a boardwalk and included in that is a grass area
called inner harbor park, which will be constructed. There is
a foot print the size of a Harbor Master's office in the
center of that park. If at some point the Port decides to
abandon that site, the City will issue a change order to the
Contractor to continue the landscaping over that foot print.
The Harbor Master's office is not a City project, however, the
Port does control the property and the City is in a sublease
situation to them. And, the Port cannot re-position that
TAPE #951
City Council Reg. Mtg. Minutes
September 4, 1991
Page 12 of 18
facility without going through the City's Shoreline Permit
process, including a design review process. Mayor Mentor
reassured Council that the Port of Bremerton was very anxious
to get the Harbor Master's office built in the right location
and for the right cost.
TAPE #952
Mr. Baker stated in response to the issue of hiring a Project
Manager - the City does have a Project Manager on the City
staff. President Morton stated what she was referring to was
a Project Manager outside of present staffing, who would
dedicate their entire time to overseeing the major projects,
i.e., boardwalk, sports complex, public works complex, etc.
Mr. Baker explained for clarification that he currently serves
as the City's Project Manager. He is not an inspector, geo-
technical engineer, surveyor, mechanical engineer, testing
laboratory, which are required in order to do these project.
That is the type of project management listed on the requested
contract expansion. He will be the go between for the City
and he does manager all of the projects, but he does not do
those individual technical tasks on every project. President
Morton questioned if Portico was doing any project managing
other than those areas already identified? Mr. Baker stated
Portico will be doing all of the paperwork that relates to
Federal, State and local money contributions, inspector logs
will be verifying payments to the contractor and certifying
that the work is done according to the specifications.
President Morton stated it was that element that she would
like handled by someone hired on staff. to do that function for
all of the projects now and in the near future. Mr. Baker
emphasized to do all of those functions that person would have
to be a dozen people. Portico is providing a Structural
Engineer, technical laboratory people, etc., - not one person
but many people.
Mr. Johnson stated Bremerton will have more projects in the
next three years than its seen in a decade and Council is
feeling City staffing needs to be increased to handle that
responsibility.
President Morton pointed out she was not criticizing Mr.
Baker's performance in any way, but rather trying to find some
assistance for the Engineering Department, Planning Department
and Parks Department.
Mr. Waibel noted there is a discrepancy between the ending
date of term on the original contract and the date on the
amendment. He questioned if the second date was a guarantee
that the work would be done by the end of the year? Mr. Baker
indicated the ending date should be June, 1992. Ian Sievers,
TAPE #952
City Council Reg. Mtg. Minutes
September 4, 1991
Page 13 of 18
City Attorney, stated the termination date had been amended to
June of 1992.
Mr. Estes thanked Mr. Baker and Mr. Pratt and Mayor Mentor for
finally informing Council on this issue and looked forward to
additional updates as the projects progress.
#2357
Mr. Colvin questioned if he was correct in that if Mr. Baker,
Mr. Pratt or Ms. Vanneman needed help that they would request
it? Mr. Baker stated that was correct from his point of view.
M/S/C/U(Dawkins/Collins) approval for the Mayor to execute the
Professional Services contact with the Portico Group.
7A - ORDINANCE (FIRST READING) CASCADE NATURAL GAS CORPORATION
FRANCHISE, #AB91-227
The proposed Franchise Ordinance gives Cascade Natural Gas
Corp., the right~ to use and occupy public streets, avenues,
lanes, alleys and highways for the purpose of supplying,
distributing and selling natural gas to the inhabitants of the
City of Bremerton.
The 5% Utility Tax is contained in the Tax and License Code
rather than the Franchise Ordinance and is at the maximum rate
allowable by State Law without voter approval.
City Charter requires 15 days between readings.
Councilman Horning stepped down from hearing this issue due to
his believing there would be a conflict.
Kathleen McCluskey, City Clerk, explained that the Franchise
had expired last year. The City had been operating without a
Franchise, however, that did not pose any problem as the City
does have an ordinance that covers use of right-of-ways and
all such requirements, as well as the Taxing Code in place so
the City was receiving the Franchise fee.
Following is an overview of the changes in the Franchise:
Section I Definitions - major change is that old franchise
stated "public places" - this franchise limits to streets,
avenues, lanes, alleys, highways.
Section 2 Tariffs - this was patterned after last years Puget
Power Franchise - allows City to reopen negotiations if there
is a conflict.
Section 4 Noninterference of Facilities - Cascade will not
interfere with traffic passage, drainage, water or sewer
TAPE #952
City Council Reg. Mtg. Minutes
September 4, 1991
Page 14 of 18
pipes.
Section 5 Relocation Of Facilities - City does not pay if
relocation is for benefit of the City, private
parties/property pay, relocation at no cost on
waterfront/boardwalk area.
Section 6 Indemnification - standard clause.
Section 7 Moving Buildings - 14 days notice to Cascade for
approval.
Section 8 Default - 60 days if not in compliance with
franchise.
Section 9 Nonexclusive Franchise - franchise is not exclusive.
Section 10 Term - 10 years.
Section 11 Assignment - Cascade needs permission of City to
assign franchise.
Section 12 Location Of Facilities - Cascade must provide City
with location of facilities and many future plans upon
request.
Section 13 Excavation - must get permit from City.
Section 14 Shared Use Of Excavations - Cascade must allow
joint use by City of excavations when reasonable.
Section 15 Restoration After Construction - Cascade must
restore area to its original condition.
Section 16 Charge For Administrative Costs - City may charge
Cascade fees for inspection etc., or work.
Section 17 Miscellaneous - any provision found to be invalid
does not affect remainder of agreement.
Amended only by agreement of both parties.
Cascade shall be taxed.
Subject to all other laws.
Prevailing party in lawsuit will recover attorney fees.
Don Kuhns, Manager of Governmental Affairs For Cascade Natural
TAPE #952
City Council Reg. Mtg. Minutes
September 4, 1991
Page 15 of 18
Gas, stated Ms. McCluskey had covered the major issues and
Cascade concurs with the Franchise as worked out. He urged
Council to approve the Franchise Agreement as presented.
Public comment - none.
Mr. Johnson questioned if there was any discussion held on the
possibility of any kind of earthquake shutoff valves? Jack
Randall, Cascade Natural Gas District Manager, stated
earthquake valves had been studied extensively since the San
Francisco quake. The industry is really not looking at
earthquake valves per say that are on the market. There is
nothing on the market that could do a proper job and the Gas
Company could not hire enough people to maintain the
earthquake values that are on the market. The Gas Company
does have an Emergency Shut Down System that control plants.
They can isolate, within a very short period of time, any
section of the system. In the event of an earthquake, he felt
this area would become isolated already due to the location of
the transmission line coming into the area. Mr. Johnson
referenced a section in the Cable Television Franchise
relating to when a certain percentage of the community in the
regional area upgrade to a certain level of service there is
a trigger in the contract that says the local Cable company
must improve their services up to that level. He questioned
if something like this could be included in this Franchise?
Mr. Randall stated he believed Cascade Gas Company would keep
up with that long before it would come to the consumer. Their
concern and interest in safety has'to as great or greater than
the public's. Mr. Kuhns stated the earthquake valves on the
market today are more detrimental than a positive due to their
sensitivity. He related several years ago there was some
problems in the midwest, which were difficult to remedy due to
the fact that their systems were very old and very costly to
upgrade. As far as the innovations in the industry, they are
now not only controlled by the Washington Utilities and
Transportation Commission (WUTC) but also Federal Energy
Regulatory Commission and the National Transportation
Commission. The added Federal regulatory agencies' standards
are much higher than the State Utility and Transportation
Commission requirements. Safety is the number one issue as
far as the Federal regulatory agencies are concerned.
Mr. Johnson questioned Cascade's service extension plans? He
was of the opinion that the use of natural gas should be
promoted because of its long-term resource and economically
more reasonable than other type fuels. And, he had wanted
something included in the Franchise that provided universal
natural gas availability for the citizens of Bremerton and
TAPE #952
City Council Reg. Mtg. Minutes
September 4, 1991
Page 16 of 18
making it mandatory for all new developments. Mr. Randall
explained construction costs has a great deal to do with
future expansion. There are rules laid down by the Utility's
Commission, which they cannot vary from. Those rules provide
a specific guideline of what feasibility they can do. Mr.
Johnson questioned if he was correct in understanding that the
WUTC was stopping expansion of natural gas lines in Bremerton?
Mr. Randall stated the WUTC was not responsible for stopping
it, the gas company will run lines in any locations whether or
not it is feasible or not feasible, but the City/citizens may
have to share in the cost. The only way he can acquire
revenue is through the rate base. If he raises rates to
extend the service to unserved areas, then the current
customers will complain that it was unfair that they had to
pay for someone's extension. He emphasized the WUTC's
limitations for expansion and last December he ran one
contractor off because he was pricing the gas company out of
feasibility. Later, he resubmitted about 90% of the
extensions that previously had been refused because they did
not meet the WUTC's requirements and he was able to get those
approved. If someone submitted a request for extension of
service prior to January 1, 1991, he
would like to reinitiate it and see what response he get. He
obtained a drastic cost drop in contractors by going to
another competitive company. Mr. Kuhns stated electric and
water is necessary and in most cases telephone, but natural
gas is a fuel of choice. They would like to see it become
mandatory that people use natural gas, however, they must
operate under a feasibility basis. They have one rate
throughout the State of Washington and that rate is based on
their operation of service, cost and depreciation. They have
an investment of over 14 million dollars in the City of
Bremerton, which took place since 1952.
Mr. Colvin questioned if there was such a thing as expansion
joints in the piping? Mr. Randall stated yes.
Mr. Collins stated as one of Board of Directors of Puget Sound
Air Pollution Control Agency (PSAPCA), they have been working
diligently with gas companies trying to get people to convert,
however, they cannot get any public relations or information
to help people understand that natural gas is a better fuel
than any of the others available. He referenced the storm
window and insulation programs that Puget Power offers as an
example of such promotions. He related a recent incident at
the local Cascade Gas office when he was seeking information
on gas furnaces and the lack of assistance. It was his
feeling that the gas companies should offer some type of
incentive type programs to encourage the use of natural gas
#0888
#1130
TAPE #952
City Council Reg. Mtg. Minutes
September 4, 1991
Page 17 of 18
fuel. He did acknowledge that Cascade Gas had a loan program
that is 2% more than he could get straight interest. It was
his opinion that Cascade was selling gas but not doing the
"PR" with selling gas and he felt this was definitely needed.
Mr. Randall stated he does have three consumer representatives
that do answer questions and are knowledgeable about services
available. In years past the head of the company decided that
Cascade Natural Gas Company would not be an equipment
installation company and run competition with competing
contractors. They do use those contractors for PR, so if you
are getting information from them, most likely they received
that information through training schools provided by the gas
company. Mr. Kuhns stated Cascade Natural Gas does not
merchandise. Other gas companies are in all kinds of
merchandising schemes, such as storm windows, insulation, etc.
Cascade is a private utility and whatever they do must come
from their stockholders. In the electric industry, much of
the money is washed through Bonneville and. other such
agencies.
M/S/C/U(Waibel/Dawkins) to approve Franchise Ordinance, on
first reading,
7B - ORDINANCE #4340 (SECOND READING) VACATING PORTIONS OF
FIRST STREET ABUTTING BLOCK #1 OF BREMERTON HEIGHTS PLAT,
#AB91-220
Public Comment - none
M/S/C/U(Waibel/Colvin) to pass Ordinance #4340, on second
reading, vacating portions of First Street abutting Block #1
of the Bremerton Heights Plat.
7C - ORDINANCE #4341 (SECOND READING) ANNEXING APPROXIMATELY
8.12 ACRE BREMERTON HEIGHTS, #AB91-221
Terrie Hartson, Municipal Services Coordinator, noted the
Annexation Area contained 27 people, who are anxiously a
waiting the services of City's Fire and Police and 17 absentee
owners will be able to say that they have a piece of the #2
City in the United States.
Public comment - none.
#1170
M/S/C/U(Waibel/Estes) to pass Ordinance #4341, on second
reading, annexing approximately 8.12 acres described as Block
One Plat Of Bremerton Heights into the City of Bremerton and
fixing the effective date of the annexation; and welcomed the
new citizens of Bremerton.
City Council Reg. Mtg. Minutes
September 4, 1991
Page 18 of 18
With no further business meeting adjourned at 7:52 p.m.
KATHLEEN McCLUSKEY, City Clerk
LYNN HORTON, Council President
City of Bremerton
KLM/LH/me
cc: Normal Distribution
File/Vault-