HomeMy WebLinkAbout12/30/91TAPE #982
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
DECEMBER 30 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, Monday, December 30,
1991, at 5:30 p.m., with Council President Lynn Horton
presiding. Council members present: Lon Overson, Spencer
Horning, Hank Waibel, C. R. "Tiny"Collins, Morrie Dawkins, A1
Colvin and Russ Johnson. Councilman Wayne Estes was absent.
Also present were City Attorney Ian Sievers and City Clerk
Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by
Council President Horton and Invocation given by Navy Chaplain
Morita of Jackson Park.
President Hotton announced a "Swearing In" ceremony for
continuing Council members, new City Council member and
Municipal Court Judge will take place following the Council
meeting.
CONSENT AGENDA None
#0059
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/Waibel) on December 30, 1991, the Council does
approve for payment those vouchers included and further
described as follows: 141830 through 141834 and 141843 through
141978 in the amount of $132,446.06 and Retirees Payroll for
the period ending December 31, 1991, in the amount of
$55,886.98.
COUNCIL MEMBER REPORTS
Mr. Waibel stated he had a wonderful and enjoyable Christmas
holiday and was looking forward to the new year. He cautioned
everyone to "drive safe".
Mr. Colvin wished Mayor Mentor, staff and all City employees
a very prosperous new year. And, that he had enjoyed working
with his fellow Council members this past year.
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Mr. Dawkins wished everyone a "Happy New Year" and "Go-
Washington".
Mr. Collins wished a "Happy New Year" to all.
note, he had a wonderful Christmas.
On a personal
Mrs. Hotton wished everyone a "Happy New Year" and cautioned
please don't "drink and drive". And, she congratulated City
Attorney Ian Sievers and his wife on the birth of their son,
Brent.
PUBLIC RECOGNITION
Mayor Mentor wished everyone a "Happy New Year" and reflecting
on 1991, he found it very "interesting".
Bill Broughton, Attorney 9230 Bayshore Drive, reflected on
Spencer Horning's and other past Council members service to
the City. He noted Councilman Horning had always been a
credit to the City and he hated to see him leave that
position. He presented Mr. Horning with a parting "farewell"
gift.
Phil Drouin, Bremerton resident and past City Council member,
stated there was only one thing that would bring him down to
the City Council meeting on this night and that was the
retirement of Councilman Spencer Horning from the City
Council. He commended Councilman Horning on his nine years of
dedicated service to the City as Councilman of District #8.
Don Hansford, 182J Russell Road, read a Certificate of
Appreciation honoring Spencer Horning, in appreciation for
loyal and valued service to West Park and Bremerton citizens.
6A - CONTRACT FOR 8OLID WA8TE COLLECTION, RECYCLING AND
DISPOSITION, #AB91-318
The City negotiating team, with our consultant, Matrix
Management Inc., has spent the last nine months negotiating a
ten (10) year solid waste contract with Brem-Air, Inc. The
full text of the proposed agreement was distributed to Council
members, SWAC members, the County and the press on 12/20/91.
The City Attorney's office is currently rewriting Section 6.04
Garbage and Refuse of the Code. Those areas not addressed in
this contract, such as enforcement, hearings examiner and City
taxes will be contained in that ordinance, which will be
before you shortly.
Kathleen McCluskey, City Clerk, stated over the past 10 days,
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when the contract was sent out, a number of comments had been
received requesting that other aspects be looked at. A list
of "other issues" was sent to Brem-Air and in a recent letter,
dated December 30 from Mr. Houge, it listed items that were
agreed upon to be incorporated into the new contract, at the
request of the City. Those items are as follows:
Paragraph 5.2.6 - has been changed to delete references to the
"tipping fee". This clarified that there is a County Tax and
a "tipping fee". The paragraph now speaks in terms of a
County imposed tax and imposes no obligation to the City for
disposal costs in 1992. Ms. McCluskey stated the previously
handed out copy of the contract did include a "deferred"
obligation and that obligation has been eliminated.
Paragraph 5.7 - concerning drop off facilities, has now been
changed to authorize the City to make its own provisions for
drop off facilities should Olympic View Sanitary Landfill
cease to provide such services and should the City and the
contractor be unable to agree on a fair price. Ms. McCluskeV
explained previous documentation stated that Brem-Air would
provide drop off services and this change gives the City
expanded ability to provide its own.
Paragraph 6.5 - has been amended to provide for an adjustment
in the recycling rate should frequency of material pick up be
altered. Ms. M~Cluskey explained previously there was an
adjustment for changing materials picked up but did not adjust
for frequency and if frequency changed, it would be a
reduction in price.
Paragraph 6.6 - has been expanded to clarify that the
contractor will not charge for recycling services until the
curbside program is implemented.
Paragraph 6.10 - requested language change to define days as
,'calendar" days.
Paragraph 7.2.6 - amends Table D to delete the increase
previously set forth. There was an increase in the Table for
sanitizing and washing, which was not initially reviewed
closely. Ms. McCluske~ noted when this item was reviewed,
Brem-Air reduced the amount back to 1991 rates.
Paragraph 7.3.1 - requested changes were included, in addition
a definition of Transfer Facility has been provided at
paragraph 4.19. Furthermore, the requested 25% rate
differential has been included. This item has to do with the
place of disposal. Ms. McCluskey stated the City requested
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language be included that if the City went to another disposal
site, Brem-Air would transport to whatever location the City
chose, which might be a transfer station for the new disposal
site. Previously, this paragraph had a 30% differential if
the City went to another site and the City felt this was too
high.
Paragraph 7.3.4.d - a new paragraph regarding tipping fees has
been added. Ms. McCluskey stated this item now reads that
tipping fees charged for City waste will in no way exceed
those charged for other municipal controlled waste streams.
Paragraph 7.4.5 - the percentage adjustment to recycling rates
has been amended downward to 83%, which was previously set at
87%.
Paragraph 8.5.3 - has been added to provide that the
contractor will indemnify and hold the City harmless for any
liability resulting from its efforts to enforce liens. Ms.
McCluskey noted Brem-Air enforces liens for collection and the
City simply wanted a "hold harmless" clause included.
Paragraph 8.14 - requested language concerning the City's
ability to verify performance of the contract. Ms. McCluskey
stated previously there was language regarding verification of
payment of proper tax and the City wanted to expand that to
contract compliance language that allows the City to verify
any of the information Brem-Air is mandated to provide the
City on performance, tonnages, etc.
Paragraph 8.15.1 - corrected some language that referenced a
section that did not exist.
Paragraph 8.16 - City requested that the words "strike and
fine" be deleted. Ms. M~CluskeV stated "strike and fine" were
listed in acts of Gods, wars, etc., as a reason to cease the
contract rather than a default and that was removed at the
City's request.
Paragraph 8.16.1 - City requested this language be made
mutual. Ms. McCluskey explained in the current contract it
now states that if one of those kinds of catastrophic things
happens and within 14 days cannot be corrected, within seven
days the contractor can give the City notice of termination.
The City requested the addition of a clause that the City
could also provide notice of termination.
Paragraph 8.16 - again, the word "strike" was removed.
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MS. McCluskey pointed out all of the above listed changes are
favorable to the City. The new rates will go into effect
February 1, 1992, excluding "recycling", which will not go
into effect until December 1992, or at such time recycling
starts. Mini-cans may be used as of February 1 by those who
are recycling on their own. Brem-Air will be providing
information to their customers on the new rates in January and
the City will also be providing some public notification on
the subject changes.
Mr. Johnson extended a special thanks to everyone who had been
involved in development of this contract, i.e., Brem-Air Inc.,
members of the Bremerton Solid Waste Advisory Committee,
Kitsap County Solid Waste Advisory Committee, Department Of
Ecology, WUTC, etc. In the last two months they managed to
work through several tough points and in the last ten days
additional input was received, which was addressed and
resulted in some minor changes. He re-emphasized the point
on the recycling rate that the City never intended to charge
a recycling rate prior to implementation of such service.
There will be a transition process, including educational and
information items coming from Brem-Air, the City and the
Master Recyclers of Kitsap County. There has been some
concern expressed about availability of a "mini-can" garbage
can. It is intended to work with local retailers to promote
the sales and availability of the various type cans.
Russ Houge, Attorney representing Brem-Air Disposal Inc.,
stated the negotiation process did not end but rather tapered
off. He thanked City staff for being available, over the
holidays, to continue discussions on points of the contract.
He was pleased with the outcome of the long negotiation
process and from his professional standpoint feels it
represents serious, committed negotiations on both parties
parts and that it is fair from their standpoint and hoped the
City would also find it fair as it goes into effect.
Art Anderson, 1712 Ohio Avenue, stated his main concern was
over inclusion of a "CPI", in the proposed contract, for
automatic increases. In previous years, when he served on the
City Council, he found having a "cost of living increase"
happening automatically each year was not in the best interest
of the citizens of Bremerton. And, he had hoped that after
the previous 10 year contract had expired, a different
approach would be taken. He believed Brem-Air could afford to
be as good as they are in helping the public mostly due to the
cost of living increases they received over the past 10 years.
He also was not in favor of the section of the proposed
contract that relates to uncollected garbage collection liens
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against "homeowners". He questioned where was any mention of
the tenant relationship and their being responsible for
garbage collection fees. He did not like the idea of
"babysitting adults" and did not feel this section was fair to
the rental industry.
Mr. Houg~ stated it should be known that the proposed rates
represent an across- the- board reduction from current rates.
Brem-Air has cut 3 1/2% from all collection/hauling rate
components (commercial and residential). Moreover, they are
foregoing the CPI increase on the single family residential
rates and those are defined as customers providing their own
garbage cans and would include some duplexes and other small
multi-family units for 1992. Customers using containers
provided by Brem-Air, commercial customers, residential and
non-residential, will have no increase at all until 1994.
Moreover, the CPI Index itself was the subject of much
discussion in the negotiations and the City's financial
consultant of CCA proposed the Index that is incorporated in
the proposed contract. This Index is specifically targeted
for cities of this size in the West Coast region and is the
most closely tailored to fit this municipality. The Index is
capped at 6% and there is provision for Brem-Air to petition
the City if costs for service exceeded the CPI cap. They
would be required to have 2 or 3 years exceeding the 6% before
they could even come to the City and ask for some escape from
that. The virtue for having a CPI for a hauler and for the
City is that things like cost of transportation, labor, and
simple overhead items will be adjusted annually in a fair way
without taking the City's time or the contractor's time to
present annual petitions. The negotiation team ventilated
quite well Council's and citizens' dissatisfaction with the
old system and it was his opinion that the proposed document
meets that concern.
Contrary to Mr. Anderson's interpretation, the garbage hauler
does not get "two bites of the apple", there are alternative
ways to address the concerns that are inherent in the disposal
of solid waste. They are in a heavily regulated environment
and that regulatory environment changes every time the
Legislature comes into session (State and Federal). The
contract provides two ways they may come before Council to
adjust those fees as it may be necessary to respond to changes
within the environment. First, they will simply come before
Council and request an amendment; and moreover, in the
contract they have agreed to pay the cost of the City's
consultant in verifying the information used to base their
request. Secondly, as an alternative, if one of the other
Brem-Air companies, which are subject to the Utilities
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Transportation Commission (UTC), receives a rate increase
through the UTC, then the City is agreeing to abide by that.
That will pursuant to a UTC audit of all questions asked and
answered before the increase would be implemented. He
stressed Brem-Air had examined the document and they have
given considerable concessions and did reduce their rates. In
reference to the "lien" component of the contract, that is a
provision of State law, which was reiterated in the contract
so that there will be no questions they are reserving the
option to proceed pursuant to State law if someone does not
pay their garbage collection fees. He recalled the only
instance where this component was used was where a commercial
enterprize (restaurant) went bankrupt and left a bill of
approximately $10,000 and they needed to do something to
collect that outstanding debt through a legal procedure.
Practically speaking, they will not be invoking this provision
to force garbage bills of the kind Mr. Anderson was concerned
about.
Mr. Overson thanked Councilman Johnson, Ms. McCluskey and
members of the negotiating team for their effort in developing
this contract. He felt it was an excellent contract without
destroying the contractor.
M/S/C/U(Johnson/Colvin) to approve the contract with Brem-Air
Disposal Inc., for solid waste collection, recycling and
disposal with the changes as indicated/referenced in Mr.
Hauge's letter dated December 30, 1991, including setting up
"public information" programming with TCI Cable Access.
Mr. Collins stated he believed the proposed document was an
excellent proposal, however, he felt there was quite a bit
lacking from the standpoint of what does the community know
about its content and how it effects every household in the
City. He proposed that, as a part of the motion to adopt this
contract, the City use the facilities of TCI to put on a
definitive 1-2-3 hour program that explains the various parts
of this contract. Ms. McCluskey stated she would look into
the possibility of setting something up with TCI. Mr. Johnson
stated he would accept adding such language to his motion,
which was also concurred in by Mr. Colvin, who seconded the
motion. Also, he emphasized the need to look at somewhere in
the City to identify "solid waste management and environmental
issues.
Mr. Walbel stated he viewed this document as fair and hoped
everyone realized it was not a "reasonable" document...there
is nothing reasonable about garbage. If we don't change how
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we deal with it, we'll be buried in it and the intent of this
document is to make it "unreasonable" to continue to generate
garbage the way we have.
President Hotton stated this is not simply a continuation of
the old garbage contract, but rather a solid waste contract.
She had the opportunity to sit in on one of the rounds of
negotiations and found it to be "tough". If people compare
the prices of garbage collection in other areas, this is a
very fair contract and does provide incentives to do what we
must do to meet those challenges. She stressed that it will
be incumbent upon each individual to reduce their own garbage
collection bill, not the City and not Brem-Air.
Vote on motion:
Motion carried.
a unanimous vote was cast.
6B - LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTONAND
GENERAL TEAMSTERS LOCALUNION NO. 589, JANUARY 1, 1992 THROUGH
DECEMBER 31, 1994, #AB91-319
The attached Labor Agreement between the City of Bremerton and
the General Teamsters Local Union No. 589 has been negotiated
pursuant to the provisions of RCW Chapter 41.56, the public
employees collective bargaining statute of the State of
Washington, for the purpose of setting forth the wages, hours
and working conditions which are to be in effect during the
term of the agreement for all employees included in the
general employees bargaining unit which is represented by the
Union. The agreement replaces the existing agreement,
expiring on December 31, 1991 and provides for changes as
listed in detail on the Agenda Bill.
Mayor Mentor stated work on this contract had been underway
for several months and felt it was a good contract. He noted
it was based on 90% of the C.P.I. this year and covering a
three year period. This settlement is on the low end of other
settlements in other cities. The Teamster's Union has agreed,
this year, to defer 2% of that raise for the next two years,
i.e., 4% 1992, 1% 1993 and 1% in 1994, which will be a cost
savings to the City. He pointed out that if this contract is
approved at this time, it will be the first time in the
history of the Teamsters's Union affiliation with the City
that a settlement will have been reached that was not
retroactive. He urged Council to act favorably on this
proposal.
Public Comment - none.
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Mr. Overson stated he was uncomfortable with some of the
statements in the contract and being a Federal worker they
look at less than 4% increase every year and felt this
proposal was very generous. He wondered if the City was being
"to nice" considering the long term impact this contract will
have on the City's budget.
Mr. Collins stated it was his understanding that the
anticipated C.P.I. for our area is 3%, which would be very
reasonable with this particular formula. He felt the City had
many advantages with this 3-year contract, both from the
standpoint of staff, the people it covers and the citizens who
are having the work done for them. He felt this was a "good
contract" and that Council should honor it.
Mr. Colvin stated he agreed with Mr. Collins and had one
question - would our projected income support the increase and
was he correct that the City had a way to deal with the
situation if it does not? President Hotton stated when
expenditures exceed revenues generally what happens is cutting
of personnel.
President Hotton stated she would reluctantly support this
contract based on information provided to her just prior to
the Council meeting. She stated her confidence in the City
Treasurer's abilities and conservative projection that the
1993 CPI would be favorable for the City. However, she
emphasized if expenditures exceed revenues then personnel
would need to be cut.
#1893
M/S/C(Collins/Colvin) to approve the agreement by and between
the City of Bremerton and the General Teamsters Local Union
No. 589 for the period January 1, 1992 through December 31,
1994.
Vote:
In Favor: Horning, Horton, Collins, Dawkins, Colvin
Opposed: Johnson, Overson
Abstained: Waibel
6C - ADDENDUM TO EXISTING CONTRACT WITH KITSAP
COUNTY/SHERIFF'S DEPARTMENT FOR THE INCARCERATION OF
PRISONERS, #AB91-320
The City of Bremerton/Police Department has been contracting
with the Kitsap County Sheriff's Department, specifically the
Corrections Division, for the incarceration of those
arrested/detained by this department.
This is merely an addendum to the existing agreement,
reflecting the 1991 increase in Jail Services from the present
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$42.00/day to $46.00/day. Further, during the 1992 budget
process, the City Council was made aware of this proposed
increase to allow adequate funding be placed into the account
responsible for housing prisoners.
Justification by the County is contained in the attached
cover letter. All other provisions as set forth in the
Interlocal Agreement, shall remain the same and in full force
and effect.
Police Chief Del McNeal stated this is the contract the City
has with Kitsap County for housing prisoners and each year the
City faces increased costs.
Public comment - none.
Mr. Johnson stated he did not doubt costs were going up in
this area, however his main concern was that the County was
asked to provide some justification. What was received from
the County reflected that their salary\benefits were
increasing, a substantial cost increases in food and
substances in daily preparation of meals, increase in prisoner
medical area and increase in replacement of inmate uniforms,
shoes, towels, sheets and blankets. He pointed out the
projected increase was greater than the C.P.I., and if he did
not get a description of a better justification for such cost
increases, he would not support this proposal.
Mr. Homing stated in this instance he wished there was an
automatic C.P.I, which would have better served the City than
the County dictating an overall higher cost much above a
C.P.I. He emphasized the City had no choice on this issue due
to the State closing down the City's jail several years ago.
He challenged the citizens of Bremerton and fellow Council
members to look to other places to house prisoners in the
future.
Mr. Colvin questioned what would happen if Council did not
pass the agreement as presented? Chief McNeal stated if that
happened, the County could refuse accepting Bremerton
prisoners, or charge the City any amount they wanted to. He
emphasized the County had assured him they were giving the
City a "good deal" and that they do not charge the City for
all of the things they could. He noted Mr. Johnson had a
point that there were not specific items going up in cost.
Approximately one year ago, the City Auditor was tasked with
reviewing jail costs and that review option is open this year,
if desired. The County's 1991 budget for the jail was
$2,960,000 and their 1992 budget is $3,200,000, reflecting a
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$300,000 increase in costs in those items listed by the
County.
Mr. Waibel noted the County's 1992 jail budget had an 8%
increase over 1991, however, they have requested the City to
pay a 9.6% increase in fees for services in 1992. He pointed
out the original contract talked about "as the cost goes up
the City's cost would increase". He could not understand the
County's justification for the higher percentage. He felt the
City needed to receive justification or the contract was not
being followed.
Mr. Dawkins pointed out the solution to such a problem as this
was for the City to work toward getting its own jail.
Mr. Overson stated he felt the City should follow on with
further review by the City Auditor because costs were raising
rapidly and may be near one million dollars annually. Chief
McNeal stated for clarification that the cost for jail
services for 1992 amounted to approximately $340,000.
#2254
M/S/C(Overson/Dawkins) to approve the contract between the
City of Bremerton and Kitsap County Sheriff's Department for
jail services, including a review by the City Auditor.
Vote:
In Favor: Overson, Horning, Collins, Dawkins, Colvin
Opposed: Johnson, Waibel, Horton
President Hotton noted this issue will be discussed at a City
Council Study Session.
7A - ORDINANCE NO. 4352 (SECOND READING) AMENDING THE CITY'S
1991 BUDGET, #AB91-309
Public comment - none.
#2304
M/S/C/U(Waibel/Horning) to pass Ordinance #4352, on second
reading, amending Ordinance #4336 relating to the budget of
the City of Bremerton for Fiscal Year 1991.
7B - ORDINANCE NO. 4353 (SECOND READING) AMENDING THE LAND USE
TABLES OF THE ZONING ORDINANCE TO ADD EIGHT USES TO THE
"PROFESSIONAL OFFICE (PO)" ZONE, #AB91-317
Public comment - none.
#2340
M/S/C/U(Horning/Colvin) to pass Ordinance #4353, on second
reading, amending the Land Use Tables of Chapter V of the
Bremerton Zoning Ordinance to add specific uses to the
"Professional Office (PO)" zoning district.
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With no further business meeting adjourned at 6:49 p.m.
Following the Council meeting, President Horton presented
Councilman Horning with an Appreciation Plaque for his nine
years of service as a member of the Bremerton City Council.
Each Council member then bid Mr. Horning farewell. Councilman
Horning reflected on his nine years as District 8
representative and expressed his thanks to City staff -
managers/employees for their assistance during his terms of
office.
Swearing-In Ceremony: District Court Judge Steve Alexander
gave the Oath Of Office to Mr. Overson, Mr. Dawkins, Mrs.
Horton, who were reelected to their Council positions and to
Eileen Fitz, newly elected Councilman for District 8.
city clerk
HORTON, Council President
City of Bremerton
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