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HomeMy WebLinkAbout09/25/91TAPE #956 i 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. TAPE #956 City Council Reg. Mtg. Minutes September 25, 1991 Page 2 of 17 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 TAPE #956 City Council Reg. Mtg. Minutes September 25, 1991 Page 3 of 17 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 TAPE #956 City Council Reg. Mtg. Minutes September 25, 1991 Page 4 of 17 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 TAPE #956I City Council Reg. Mtg. Minutes September 25, 1991 Page 5 of 17 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 TAPE #956 City Council Reg. Mtg. Minutes September 25, 1991 Page 6 of 17 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 TAPE #956 City Council Reg. Mtg. Minutes September 25, 1991 Page 7 of 17 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 TAPE #956 City Council Reg. Mtg. Minutes September 25, 1991 Page 8 of 17 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. TAPE #956 City Council Reg. Mtg. Minutes September 25, 1991 Page 9 of 17 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 TAPE #956 City Council Reg. Mtg. Minutes Septenlber 25, 1991 Page 10 of 17 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 TAPE #956 City Council Reg. Mtg. Minutes September 25, 1991 Page 11 of 17 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 TAPE #956 City Council Reg. Mtg. Minutes September 25, 1991 Page 12 of 17 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. #2316 TAPE #956 City Council Reg. Mtg. Minutes September 25, 1991 Page 13 of 17 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 #2747 TAPE #956 City Council Reg. Mtg. Minutes September 25, 1991 Page 14 of 17 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. TAPE #956 City Council Reg. Mtg. Minutes September 25, 1991 Page 15 of 17 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 TAPE #957 #0140 #0218 TAPE #956 City Council Reg. Mtg. Minutes September 25, 1991 Page 16 of 17 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 TAPE #957 City Council Reg. Mtg. Minuts September 25, 1991 Page 17 of 17 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 KLM/LH/me cc: Normal Distribution ~ File/Vault