HomeMy WebLinkAbout09/25/91TAPE #956
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UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
OCT :]- 0 198i
#0061
#0076
SEPTEMBER 25, 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
25, 1991, at 5:30 p.m., with Council President Lynn Horton
presiding. Council members present: Lon Overson, Wayne Estes,
Hank Waibel, C. R. "Tiny"Collins, Morrie Dawkins, and A1
Colvin. Councilmen Spencer Horning and Russ Johnson were
absent. Also present were Assistant City Attorney Jim
McNamara and Deputy City Clerk Gil Johnson.
The meeting opened with the Pledge of Allegiance led by
Council President Horton and Invocation given by Deacon Jim
Bemis of Star Of The Sea Church.
President Horton announced the addition of Item 6H - Brem-Air
Disposal, Inc., Garbage Collection Contract Extension; and
Item 8A - Heeter Rezone - had been pulled off Agenda for 30
days. Lastly, Council will hold a Study Session immediately
following Council meeting to discuss "County-wide Block Grant
Program".
CONSENT AGENDA
A. Minutes Of Meeting - September 11, 1991, #AB91-237
Bid Award Recommendation - Timber Sale 1-91, Awarded to
Cascade Pole Company In The Amount Of $108,459 #AB91-238
Bid Award Recommendation - Timber Sale 2-91, Awarded to
Cascade Pole Company In The Amount Of $47,244, #AB91-239
M/S/C/U(Waibel/Estes) 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 25, 1991, the Council
does approve for payment those vouchers included and further
described as follows: 136640 through 136790 in the total
amount of $190,964.40 and Regular Payroll for the period
ending September 15, 1991, in the amount of $410,539.00.
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COUNCIL MEMBER REPORTS
Mr. Colvin announced Voter Registrar training will be held
Thursday, September 26, 7:00 PM, at the Kitsap Regional
Library. He participated as a panel member on a KBRO program
discussing a Pre-release Facility. He received a
recommendation for parking from one of his constituents, which
he then recommended be reviewed by the City. He congratulated
Judge Roy Rainey on his Award from the Washington State Bar
Association. He apologized for not attending Judge Rainey's
reception.
Mr. Dawkins announced the Bremerton Area Chamber Of Commerce's
Installation Of new Officers will be Thursday, September 26,
with Jerry Reid of Reid Realty being installed as President.
Mr. Collins attended the Council Coalition dinner meeting on
Tuesday evening. The guest speaker for the evening was a
representative from the Association Of Washington Cities
(AWC), who explained the Growth Management Act. Mr. Collins
pointed out the whole issue of growth management was very
complex and wished there was some way more citizens could
become aware of growth management and how it will affect them.
Mr. Overson also attended the Council Coalition meeting. One
of the main points he picked up was that the State, through
the Growth Management Act, has not mandated municipalities,
cities and Counties, but rather empowered the cities .and
counties to take charge of their own development and to work
together with surrounding areas. He was glad to hear about a
parking recommendation as he received a call from one irate
constituent about a parking problem at Olympic College.
Mr. Estes attended the Council Coalition meeting and found it
to be very informative. The message he came away with from
that meeting was that if the cities and counties do what they
are suppose to do the State will not intervene. He pointed
out Seattle has received lots of media attention on a recent
apartment building fire and he commended Fire Chief Chet Meigs
and his department for pushing for sprinkler systems in
buildings constructed in Bremerton. The KBRO Radio program on
the Pre-release Facility will be rebroadcast Sunday evening at
10:00 PM.
Mrs. Horton reported she attended the Chamber Of Commerce
Retreat, along with Mayor Mentor, which was a very informative
session. This group received a briefing from the County on a
proposal for a County-wide Open Space Bond Initiative. At
that meeting, they had the opportunity to view one of the new
Geological Information System (G.I.S) maps, which identified
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wetlands, steep sloops, undeveloped DNR lands, etc. This date
she attended a CenCom meeting to work on the 1992 Cencom
budget. She noted there will be some very hard issues to
discuss on that budget relating to appropriate shares to the
various municipalities. She expected Bremerton will see an
increase in their assessed fees.
PUBLIC RECOGNITION
Mayor Louis Mentor read a Proclamation acknowledging the
recent annexation of the Plat of Bremerton Heights and
welcomed the residents and property owners as new citizens of
Bremerton effective September 25, 1991. Terrie Hartson,
Municipal Services Coordinator, accepted the Proclamation on
behalf of Mildred Somers, who was excited about becoming a
resident of Bremerton. Mayor Mentor thanked Ms. Hartson for
her effort in completing this annexation.
Mayor Mentor reported on several events held this past
weekend: Suquamish Zucchini Festival, Bremerton Central Lions
Club Seafood Dinner/Auction, Judge Rainey's appreciation
party. Early in the week approximately 200 members of the
Association of Washington Activity Directors from Nursing
Homes held a conference in Bremerton. This date he attended
a meeting of the Economic Development District, the group that
provided $893,000 for the boardwalk project, and had the
opportunity to thank them for their generous grant. Also this
date, the Visitor & Convention Bureau sponsored a Downtown
Revitalization meeting. This meeting had representation from
30-40 people involved in organizations such as the Chamber Of
Commerce, Bremerton Main Street, etc. Mayor Mentor displayed
a public relations brochure, designed by Mike Stevens, that is
available for distribution. He reminded everyone of the
"Pop's Concert" scheduled for this weekend at the Kitsap
Pavilion.
Cecil McConnell, Almira Drive, raised a point of challenge to
a response made by the City Attorney, in behalf of the
Council, regarding the appropriateness of retaining Attorney
Guy Beckett to assist with defending the suit against
condemnation of Roosevelt Field. It was Mr. McConnell's
feeling that the City Attorney, Ian Sievers, had more of a
conflict due to his working for a Mayor who had agreed to
trade Roosevelt Field for other property, and the City
Council, of which three members negotiated the trade proposal
and 8 of the 9 Council members voted in favor of such trade.
He raised issue with the appointment of two non-City
residents to a committee to write statements against
Propositions 1 and 2. He referenced Section 40 of the City
Charter that states all members of boards and commissions
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established by charter or ordinance must be residents of the
City unless otherwise provided by ordinance or Charter. Also,
he found a problem with the proposed Ballot titles for
Propositions 1 and 2. He felt they were misleading and
confusing and urged Council to direct the City Attorney to
change the wording for greater clarity. President Hotton
directed the Assistant City Attorney to contact Mr. Sievers
and have him respond to Mr. McConnell's comments.
Bill Amo, 6625 Lake Drive, expressed concern over the number
of delays on the Heeter rezone request, which were brought
about by Mr. Heeter. He noted the only benefit of such delays
was the fact that Mr. Heeter cleaned up his property prior to
each scheduled hearing. He stated he believes in the current
form of government and was greatly concerned over the way the
City Attorney had developed the ballot wording for
Propositions 1 and 2. If the ballot is printed as submitted,
he believed the form of government would change for the
following reason: (1) if 49% of the people vote to retain the
current form of government and 52% voting against and then
those voting against the currently form split into two pots,
Proposition 1 and 2, actually 26% of the vote could install
the next government. He understood there was State law that
requires dividing the ballot, which he felt was unfortunate.
He stressed the least that could be done would be to make sure
citizens could understand the ballot. He found the wording
for Proposition 1 to be fairly clear, however, it did not
reflect that Council members would be elected at-large.
Proposition 2 actually is a "Commissioner" form of government
with five instead of three Commissioners. He felt that if it
is a Commissioner form of government then the ballot should
reflect that fact. He urged Council to urge the City Attorney
to use the latitude he has available to change the wording on
the ballot. President Hotton stated according to the City
Attorney, the wording on the lower portion of the ballot issue
was taken directly from State statute. If there is a problem
with that wording it is because the State, in their wisdom,
has seen fit to muddle the issue. She suggested having the
City Attorney explain his process in developing the ballot
titles at next weeks Council meeting. Mr. Amo emphasized the
City Attorney did have latitude in developing the ballot title
and he viewed what has been proposed to be very "safe" without
the City attorney taking any latitude. He felt the wording
was not intended for a City election but a State-wide issue.
Donald R. Green, 4024 Country Lane, referenced a recent Kitsap
County hearing on the development of a 38-unit apartment
complex in his neighborhood. At that hearing he testified,
after obtaining information from the Bremerton Utility
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Department, that adding a 38 unit apartment complex would be
adding too much for this "at capacity or near capacity" sewer
system. The developer of the project testified that the
Bremerton Unity Department had given their ok that the sewer
system was adequate for such a project. Mr. Green was
concerned over the conflicting information given out by the
Utility Department on this proposed development. President
Hotton requested Mr. Duffy be notified to respond to Mr.
Green's concern.
Don Atkinson, Bremerton Main Street Association, reported on
the Economic Development seminar held this date at the VCB
office. Attendance at this meeting involved 36 individuals
representing the City, Main Street, retailers, Chamber of
Commerce, Flagship, VCB, individual merchants and local
citizens. Ken Saunderson, formerly with the Downtown Seattle
Association and presently with Gilmore Research, was the main
speaker. This session was sponsored by Bremerton Main Street
Association and Washington State Division of Tourism. This
group will meet again on October 30 for another five hour work
session. President Morton apologized to Mr. Atkinson for not
attending this meeting as previously planned due to her
involvement in the Cencom meeting held that same date. Mr.
Atkinson hoped Mrs. Horton could be available for the October
30 meeting.
E. L. Sturdivant, 3231 Halverson, expressed his concern over
the wording of Ballot title for Proposition 1 and 2. He noted
he was not in favor of either of these proposals but the last
thing he wanted to see is for the people of Bremerton to go to
the polls and be confused and not know for sure what they are
voting for. He pointed out in 1983 the current form of
government was installed and it was not an easy process for
the first several years. Now, after eight years the wheels
are in motion and it has come to fruition and he did not know
why the people of Bremerton would want to fix something that
is not broken.
Jim Adrian, 621 Washington Avenue, expressed concern over the
City Attorney's proposed wording of the ballot measure for
Proposition 1 and 2. He believed the language chosen by the
City Attorney was not applicable to this situation. He felt
the proposed wording created a dangerous situation and that
the City Attorney failed conservatively, not in the literal
sense, but that he fell back on the only thing that was
available. He referenced RCW Chapter 29.27.060, which states:
"that the essential features thereof in the language expressed
in such a manner as to clearly identify the proposition to be
voted upon .... ". Because he is very concerned about this
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situation, "CPR" (Citizens For Professional Reform) is in the
process of preparing some proceedings, which will be filedin
Superior Court, to have a Judge clarify the language proposed
for the ballot. He also supported the previous statement by
Mr. Amo that Proposition 2 should stated that it is a
"Commissioner" form of government. No where in the State of
Washington is the term "supervisors" used when there is a mix
of administrative and legislative responsibilities, rather the
term used is "commissioners". He believed strongly that fact
needed to be stated in the ballot wording. When~the issue of
wording of the ballot measure comes before the Judge, he hoped
the City Attorney could respond in a non-argumentative manner,
but agree that it is confusing as presented. The main problem
is that the State Legislature did not recognize the
possibility of two competing measures that are totally
incompatible in changing local government. Even in Municipal
Research's research on this issue, this particular situation
had never happened in Washington State history. Mr. Adrian
also addressed the issue of Council's confirming appointment
of Don Large and Chuck Hazelwood to a Statement Writing
Committee as it relates to Proposition 1 and Proposition 2
ballot measures. He felt it was a clear violation of Section
40 of the City Charter, which requires residency for all such
appointments unless otherwise provided by ordinance. At this
time there has been no such ordinance passed exempting these
two individuals from the Charter provisions. He emphasized
Mr. Large and Mr. Hazelwood do not reside nor vote within the
City limits. Both Mr. Large and Mr. Hazelwood have made
substantial contributions to the Bremerton community through
their successful businesses and this should not go
unrecognized, however, that is not the issue. The issue is
the compliance with the City Charter as approved by the voters
in 1988. He respectfully requested the City Council to
rescind the appointment of Mr. Large and Mr. Hazelwood due to
their being non-residents of the City of Bremerton. President
Morton emphasized the City Council approved the names to be
passed on the County Auditor and it was her belief that those
voting to take such action were doing so as a pass through
action only. Mr. Waibel pointed out this was not a City
Committee but a requirement relating to the Voters' Pamphlet.
Mr. Collins stated if this committee was an appointed body of
the City he did not know if he had anything to do with that
appointment. Mr. Adrian stated he had provided the
information to Mr. Sievers earlier and was not sure if he was
prepared to respond at this time. Mr. Collins stated he had
received a letter, involving Mr. Large and Mr. Hazelwood, that
stated at the bottom of the letter that group is a PDC
registered body. Mr. Adrian stated that was a different group
- that particular group is soliciting funds to oppose
#1375
#1420
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Proposition 1 and 2. They are a political action committee
and are required to report to the Public Disclosure Commission
(PDC), which they have done. What is being discussed is the
formation of a committee of people, pursuant to a County
Ordinance, appointed by the Legislative body of the City to
write pro and con statements for the Ballot measures. Mr.
Overson stated representing his constituents, they would
prefer that City residents deal with these issues. He
believed intent of the Charter needs to be met. Mr. Adrian
reviewed the previous Agenda Bill presented to and approved by
the Council on September 18. His group (CPR), believe Council
made two erroneous appointments because they do not meet the
residency requirement of the City Charter.
6A - REAPPOINTMENT TO HOUSING AUTHORITY BOARD - ROBERT D.
KENNEDY, #AB91-240
The term of Housing Authority Board Commissioner Robert D.
Kennedy expired on July 16, 1991. It is recommended he be
reappointed to this board.
MaYor Mentor pointed out Mr. Kennedy was not a City resident,
but under the terms of his appoint that was not a requirement.
He urged Council's confirmation for reappointment of Mr.
Kennedy and noted he had served the City well.
Public comment - none.
M/S/C/U(Colvin/Waibel) to confirm the reappointment of Robert
D. Kennedy to the Housing Authority Board.
6B - REAPPOINTMENT TO THE CIVIL SERVICE COMMISSION - MICHAEL
LIEBERT,JACQUELINE BRIGHT, LAWRENCE WALEY, #AB91-241
The. terms of three Civil Service Commissioners have expired:
Michael Liebert, Jacqueline'Bright and Lawrence Waley. It is
recommended they be reappointed to the Civil Service
Commission.
Mayor Mentor noted these three individuals had all served on
the Civil Service Commission and had done an outstanding job.
He urged Council's reappointment of all three members as
presented.
Public comment - none.
M/S/C/U(Waibel/Colvin) to confirmthe reappointment of Michael
Liebert, Jacqueline Bright and Lawrence Whaley to the Civil
Service Commission.
6C - CONDEMNATION OF 20 ACRE PARCEL OF PROPERTY - UTILITY
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DEPARTMENT, #AB91-242
The proposed ordinance approves the condemnation of a 20 acre
parcel of property located adjacent to the City's watershed.
The property is needed for sewage/sludge disposal, and
attempts by the City to otherwise purchase the property has
been unsuccessful. The parcel has been appraised at $32,000.
The cost of the condemnation would be paid from the City's
Utility Land Account.
Bill Duffy, Utilities Manager, provided a map showing the
subject property location as being north of the Industrial
Park. This action will complete the property purchases in
that area for the sludge program.
Public comment - none.
Mr. Waibel stated he was in favor of acquiring this parcel of
land but he was surprised action could be taken, such as
condemnation of land, without a hearing. Jim McNamara,
Assistant City Attorney, stated there was no procedural
requirement that a hearing be given at this point. The public
will be getting notice as the condemnation procedure begins.
Mr. Duffy stated he was hopeful acquisition of this land could
be accomplished without having to go through the condemnation
process. They had been in correspondence with the property
owners for over a year and Mr. Duffy felt this next step was
needed. President Hotton questioned if at some point there
would be a public hearing? Mr. McNamara stated this Council
action does not condemn the property but allows the City to
proceed with the condemnation process. President Hotton
questioned if this Council would see this subject in a public
hearing or will it go to the Court? Mr. McNamara no, Council
would not be part of a public hearing.
Mr. Overson questioned if this was included in the Utility's
Comprehensive Plan? Mr. Duffy stated yes, with regard to
disposal of sludge. The Utility has acquired five other
parcels of property as part of the overall plan. Mr. Overson
questioned if the appraisal was conservative and was it
supportable in the process? Mr. Duffy stated yes, based on
the properties the Utility acquired immediately north of the
site the appraised value was consistent with those properties.
#1600
M/S/C(Overson/Estes) to approve Ordinance, on first reading,
relating to the expenditure of Utility funds with which to pay
the cost of acquiring land through condemnation, the land to
be used for the purpose of sewage/sludge disposal, and
approving the condemnation of the property.
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Vote:
In Favor:
Abstain:
Overson, Estes, Horton, Collins, Colvin,
Dawkins
Waibel
President Morton announced a request was made by Councilman
Overson to add under New Business item 6I relating to the
committee selected to write the statements for the voters
pamphlet.
6D - U.8. NAVY WATER SERVICE CONTRACT #N62474-85-C-6913,
#AB91-243
The Utilities, in order to secure funding for current and
future infrastructure improvements projects, has been
negotiating with the U.S. Navy with respect to their financial
participation in those projects which serve their facilities.
Attached for Council consideration is a service contract
between the City of Bremerton and the U.S. Navy, which
provides for participation by the U.S. Navy in Utilities'
projects.
These projects include, as noted in Exhibit "A", (1) the
Anderson Creek Pump Station Replacement Project, (2) six
transmission mains replacement projects, (3) replacement wells
at Anderson Creek, and (4) allied costs associated with design
and construction management of these projects.
The calculated participation by the U.S. Navy for all
components is $5,934,519 and is based on their use of the
respective facilities.
Gil Johnson, Deputy City Clerk, explained staff presentation
for Items 6D and 6E would be made jointly.
Bill Duffy, Utility Director, stated the service contracts
between the City and the U.S. Navy for utility services
provide for the Navy's participation in capital improvements
based on their shared use of these facilities. As noted,
there are a number of projects that have been completed, in
the process of completing or intend to complete over the next
several years, which will benefit the Navy. These two Agenda
items provide amendment to our overall Navy contract for
reimbursement for these fees.
Public comment - none.
Mr. Overson noted recently Council was informed that the
Utility user rates could go sky rocketing shortly and some of
his constituents were concerned over this. Now, he views this
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proposal as income and did not see a budgeted expenditure. He
felt maybe these dollar amounts should be brought before the
Fiscal and Budget committee to determined what should happen
with them, i.e., invested in capital, used to forlay loans,
etc. He did not see where the 1991 budget provided for the
expenditure of this income. Mr. Dully explained these items
date back into the early 1980's and have been a part of the
annual budgets for a number of years, i.e, Gorst projects and
the Central Bremerton project have been before Council and
the Fiscal and Budget Committee. Part of the packages that
were presented provided or laid out the funding mechanisms and
reimbursement by various entities for these projects. Some of
those entities were the U.S. Navy, some Referendum 39 funds,
some central fees and citizen participation. Therefore, all
of these items have been before Council that have been
completed to date. These projects were funded and the City is
collecting finance costs from the Navy to reimburse the City's
cost of their share of the projects. Mr. Overson stated he
noted that, however, the question still stands the potential
of using these funds to pay for developments in the Park
Avenue area as opposed to raising the rates of the rate
payers. Mr. Duffy explained the City has to pay back the
loans on the money borrowed to construct the original project.
With regard to Park Avenue and some of those issues, those
will be addressed in the upcoming Sewer Comprehensive Plan
during Council's Study Session on October 9. With regard to
financing new projects, there are other vehicles to be
discussed, particularly in the Callow Avenue basin, such as
Public Works Trust Fund, Centennial Clean Water funds, State
revolving funds as well as rates, etc. Mr. Overson questioned
how would the subject funds be repaid, overtime, one lump sum,
etc.? Mr. Dully explained the Navy proposes to pay 1/2
million dollar each with respect to contracts for a total of
not less than one million dollars per year, however, if they
do have some excess funds they will pay the whole amount off.
Mr. Overson requested Mr. Duffy to discuss, during the
October 9 Study Session, how this assists the City in other
areas.
#1794
M/S/C/U(Waibel/Colvin) to approve Contract #N62474-85-C-6913
for funding of various Utility projects and authorize the
Mayor to execute said agreement subject to City Administrative
Policies and procedures and formal approval by the U.S. Navy.
6E - CONTRACT AMENDMENT U.S. NAVY WASTEWATER SERVICE CONTRACT
#N62474-83-0-9720, #AB91-244
The Utility, in order to secure funding for current and future
infrastructure improvement projects, has been negotiating with
the U.S. Navy with respect to their financial participation in
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those projects, which serve their facilities.
Attached for Council's consideration is an amended service
contract between the City of Bremerton and the U.S. Navy,
which provides for participation by the U.S. Navy in
Utilities' projects.
These projects include, as noted in Exhibit "A", (a) the
Central Bremerton Wastewater Facilities Improvements, (b) the
Sludge Management and Disposal Program, (c) Improvements to
the Oyster Bay Pumping and Transmission Facilities; and (d)
allied costs associated with design and construction
management of these projects.
The calculated participation by the U.S. Navy for all
components is $4,771.954 and is based on their use of the
respective facilities.
(See Mr. Duffy's comments under Item 6D.)
Public comment - none.
(See discussion under Item 6D.)
#1991
M/S/C/U(Waibel/Colvin) to approve the modification to Contract
#N62474-83-C9720 for funding of various Utility projects and
authorize the Mayor to execute said agreement subject to City
Administrative Policies and Procedures and formal approval by
the U.S. Navy.
6F - CONTRACT EXTENSION CONTRACT #3073 UNIFORMRENTAL/LAUNDRY
SERVICE, #AB91-245
The incumbent contractor, Superior Linen Company, has
requested an 18 month extension to its contract with the City
for providing uniform rental and laundry service. Superior
Linen acquired City Hand Laundry in 1984. A two year contract
was awarded to another firm in 1987. Their product and
service was less than satisfactory. In 1989, the contract was
re-bid and awarded to Superior Linen. Their service and
product has been satisfactory.
Superior Linen proposes to extend its contract for 18 months,
during which time they will reduce current contract pricing by
10% (approximately $3,100/yr.) and provide continuation of
garment replacement and any color changes approved by the
City.
Public comment - none.
Mr. Overson expressed concern that the linen service was not
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located in the City. Gil Johnson, Deputy City Clerk, stated
their headquarters is located in Tacoma, however, they service
many accounts within the City. The last three bids processes
for linen services brought no response from any uniform
rental/laundry services within the City for this service.
Superior Linen acquired City Hand Laundry in 1984. Mr.
Oversonquestioned if the City would be looking to renegotiate
a new contract at the end of the proposed contract? Mr.
Johnson stated yes, at the end of this contract period it
would be appropriate to go for new bids. Because of the kind
of investments made in buying the uniforms the normal term of
such a contract is 2-3 years.
#2074
M/S/C/U(Colvin/Dawkins) to extend Contract #3073 with Superior
Linen Service Company through 6/30/93 and to reduce contract
pricing by ten (10%) percent.
6G - PUGET POWER EASEMENT, #AB91-246
Puget Power is proposing to underground the overhead
electrical facilities in the alley between Fourth and Burwell
behind City Hall. An easement is requested for the
installation.
Rich Barrutia, Puget Power, requested Council approve the
easement across the alley directly behind City Hall in order
to install an underground project for the power system. It is
proposed to take the aerial lines in the alley and upgrade the
system to a more improved power system to handle the growth in
the region.
Public comment - none.
Mr. Dawkins questioned if all the poles would be removed in
the alley as part of this project? Mr. Barrutia stated they
are proposing to remove as many poles as possible. There may
be some cases where a single pole would be required against
the building to provide service to the buildings. The
underground portion would be located in the parking lot, flush
mounted equipment with highway loading lifts. After the
project is completed, vehicles will be allowed to park on top
of it.
President Hotton questioned how many parking spaces would this
remove and how long would the project last? Mr. Barrutia
stated it would affect 6-12 parking stalls over a period of
six weeks. They would be coordinating the work schedule with
local tenants to make sure an agreement could be reached for
the period of impact.
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Mr. Waibel questioned if there was any way to expand this
easement to the entire downtown Bremerton area? Mr.
Barrutia stated this project was due to some renovation they
are doing in the area and probably will not be expanded
throughout the downtown area, but on a case-by-case basis.
Mr. Waibel pointed out it has been Council's position that
whenever possible utility lines be placed underground.
Mr. Overson stated we do appkaud such undergrounding activity
and the area affected appears to be from the alley at the end
of City Hall to Pacific Avenue. He questioned who was
financing this project? Mr. Barruita stated this particular
project would be funded by their corporation. Mr. Overson
stated he had some constituents interested in effecting this
type of project in residential areas and questioned if they
should deal with Mr. Barruita in planning such a project? Mr.
Barrutia stated their Engineering Department was the
appropriate department to contact, and they could counsel what
options are available. He explained that this project is a
very liberal case because they had another improvement project
in the region.
M/S/C/U(Waibel/Estes) to approve easement for underground
electrical service.
6H - CONTRACT EXTENSION - BREM-AIR DISPOSAL INC.: GARBAGE
COLLECTION AND DISPOSAL, #AB91-248
The contract with Brem-Air Disposal, Inc., for garbage
collection and disposal is currently on extension through
September 30, 1991. To provide continuation of services
during negotiations for a new contract, it is necessary to
extend the contract through October 31, 1991.
There are no changes to other terms or conditions of the
contract.
Gil Johnson, Deputy City Clerk, stated it was his
understanding that all of the major issues of the contract
negotiations have been resolved, However the major players,
Kathleen McCluskey, Councilman Johnson and Russ Houge with the
consultants had pre-planned vacations so there was not an
opportunity to get the contract documents prepared and
presented to Council at this time. Therefore, the request to
extend this contract for one month is presented.
Public comment - none.
Mr. Waibel stated he was not sure if the City had an option
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but he did not believe the City had this option as proposed.
He pointed out the current contract covers a 10 year period
and he did not believe the City Charter allowed to extend
contracts beyond that period. Jim McBamara, Assistant City
Attorney, stated the proposal is to extend the current
contract for a one month period while the City is in
negotiation and as long as the termwas less than one year the
City had the right to extend it.
M/S/C(Collins/Colvin) that the contract with Brem-Air
Disposal, Inc., for garbage collection and disposal be
extended through October 31, 1991.
Vote:
In Favor:
Abstain:
Overson, Estes, Horton, Collins, Dawkins,
Colvin
Waibel
President Hotton questioned when would the new contract be
ready for presentation? Mr. McNamara stated the contract was
being reviewed by Brem-Air's attorney at this point. He
anticipated it would be to Council within the next 2-3 weeks.
6I - VOTER'8 PAMPHLET, #AB91-249
Gil Johnson, Deputy City Clerk, read into the record the
Agenda Bill summary, which was presented to Council on
September 18, relating to the appointment of committee members
to write statements for Proposition 1 and 2. The City Council
approved appointment of the members presented on September 18,
1991.
Mayor Mentor stated it did not make any difference who wrote
statements for or against the ballot measures. This is not a
board or commission being appointed, just simply a committee
to write the required statements. He raised the issue of two
members of the Council that would have a conflict of interest
due to their involvement on the Committee sponsoring
Proposition 1, and that fact needed to be taken into
consideration.
Cecil McConnell, Almira Drive, cited Section 40 of the City
Charter as it relates to the residency requirement for
appointments to City boards and commissions. He referenced
dictionary definitions for a board and a commission and was of
the opinion that they clearly defined the relationship between
the members of such boards and commissions and the City.
Therefore, he felt that the Council had no other recourse but
to follow Section 40 of the Charter. He felt Council needed
to give serious consideration to this issue.
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Mayor Mentor pointed out as Mr. McConnell stated, any board or
commission that is provided for in an ordinance or in the
charter - this particular appointment is not provided in any
ordinance of the City or the Charter of the City. This
committee is required only by Kitsap County Elections Board.
He stressed that Council was well within their rights to make
the previous appointments.
Mr. McConne11 stated the intent of Section 40 of the City
Charter is very clear. Citizens of Bremerton want to govern
themselves.
President Horton announced Councilman Estes feels he has a
conflict on this issue and is stepping down from this vote.
She noted if there is a motion changing the configuration of
that grouping she asked that the maker of the motion input
that it will only be done if there is enough time prior to the
County's publishing deadline.
Mr. Colvin questioned what would constitute a conflict of
interest for being seated on this issue? Mr. McNamara stated
where a member is already a member of the committee sponsoring
a ballot measure. The conflict would only come on voting on
who should sit on the committee to write statements for the
ballot measures. Mr. Overson questioned if the conflict
question was raised at the time the original vote was taken.
If not, then it was his belief that would have been the time
that a conflict would have occurred. Mr. McNamara stated the
appearance of fairness would apply whether someone raises the
question of appearance of fairness or not. A conflict of
interest would arise whether or not a challenge was made. Mr.
Colvln stated his only concern was that Council do what is
legal and proper. Mr. McNamara stated he believed the Mayor
was correct in his statement that the boards and commissions
identified in the Charter are those bodies established by
ordinance or Charter. His opinion on this issue is that non-
citizens are eligible to sit on this type of "ad hoc"
committee. President Hotton stated if voting members of this
Council feel that the intention of the public and voters, who
voted the residency requirement into being, wanted Bremerton
City residents to speak for Bremerton City residents then it
would be up to the individual members to vote whether or not
to include non-City residents. She did not believe anything
legally bound Council one way or the other.
Mr. Collins stated he believes there are City boards that do
not have City resident members. Mr. McNamara stated the
Charter states that they must be residents unless otherwise
provided by ordinance or Charter. In the ordinance that sets
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up the Planning Commission, it states a member can be a City
resident, business owner or a property owner.
Mr. Waibel stressed under the County Ordinance establishing
the rules and regulations for the Voters Pamphlet, this
Council could put anyone they wish on that committee, even
Saddam Hussein. Council should not be in the position to even
discuss this issue.
Mr. Overson stated the statement is "established by ordinance"
but does not say "established by City ordinance" so what we
have is a committee established to discuss a City issue. He
believes the people presenting the point are trying to
demonstrate the intent of the ordinance passed last year that
City residents serve on City Boards and Commissions. Mr.
Waibel stated no matter who is selected to be on such a
committee they could ask for input from anyone regardless of
where they reside.
M/S/C(Overson/Dawkins) that we rescind the portion that
approved non-city residents.
Vote: In Favor:
Opposed:
Abstain:
Motion carried.
Dawkins, Colvin, Overson, Horton
Collins
Waibel
Councilman Estes returned to the Council meeting.
7A - ORDINANCE #4342 (SECOND READING) .CASCADE NATURAL GAS
CORP. FRANCHISE, #AB91-229
Public comment - none.
M/S/C/U(Waibel/Estes) to pass Ordinance #4342, on second
reading, granting to Cascade Natural Gas Corporation, a
Washington corporation, its successors or assigns, the right
and privilege to use and occupy the public streets, avenues,
lanes, alleys, highways of the City of Bremerton, State of
Washington, for the purpose of supplying, distributing and
selling gas to the inhabitants of the City, and elsewhere; and
the right and privilege of constructing, and thereafter
maintaining a gas works, mains, service pipes and other
necessary equipment in said City, for the distribution of gas
for light, fuel, power, heat and other purposes, and repealing
Ordinance #3574.
President Hotton announced a "thank you" celebration for Jim
Brontoli, who was leaving the Cable Access Program, would be
held immediately following the Council meeting. She publicly
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thanked him for his contribution to the City's Cable TV Access
Program and extended Council's best wishes on his recent
promotion. Mr. Waibel added his appreciation to Jim for his
integrating the access program into the community. Cecil
McOonnell, Almira Drive, stated as a viewer of Channel 29 he
also wanted to thank Jim for a job well done and to let Jim
and the TV crew know the public does appreciate their efforts.
With no further business meeting adjourned at 7:26 p.m.
KATHLEEN L. McCLUSKEY, City Clerk
< ~ ~ President
L~RTON, Council
City of Bremerton
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