HomeMy WebLinkAbout07/22/87 TAPE #4?0 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
July 22, 1987
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, July 22,
1987, at 5:30 p.m. with Council President Spencer Homing
presiding. Council members present were Hank Waibel, A1
Colvin, Morrie Dawkins, Shirley Marry Crutcher, Russ Johnson
and Lon Overson, Mary Lou Long, C.R. "Tiny" Collins. Also
present were City Attorney Ian Sievers and Kathleen
McCluskey, City Clerk.
The meeting opened with the Pledge of Allegiance led by
Council President Spencer Homing with Reverend Tom
Duchemin of Hillcrest Assembly Church giving the Invocation.
CLAIMS/WAI~RANTS ~EGISTER
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 which has been made available to the
Council.
#0031 M/S/C/U(Colvin/Long) on July 22, 1987, the Council does
approve for payment those vouchers included and further
described as follows: Regular Warrants numbering 30601,
30602, 30603, and 30610 through 30710 in the total amount of
$117,907.27 and Regular Payroll in the amount of
$326,515.82.
COUNCIL MEMBER REPORTS
Mr. Johnson announced the hiring of Michael Bond as
Council's summer intern.
Mr. Colvin expressed the pleasure he had in giving a tour
of our City and many of its fine scenic and informative
areas to a visitor and re-emphasized the fact that the City
of Bremerton does have a lot to offer.
Mrs. Long stated how pleased she was to see citizen action
and activities planned for this weekend in the construction
of the covered area in the park next to City Hall and that
the Scalawag Fair Committee are to be commended for their
hard work and efforts to provide the funding for the new
structure.
Mr. Collins outlined some of the topics discussed at the
Operations Committee meeting, including: progress being made
on the implementation of the storm water program, land
acquisition near the airport and Twin Lakes, fish rearing
pond in Gorst which is a cooperative effort between City,
State and County, the Parks Board is developing a new set
of by-laws USS Nimitz crew has volunteered to clean up the
USS Missouri guns at Roosevelt Field, Phase II of the
Kitsap Lake Water Quality Study Plan is getting under way -
6 major areas of concern are - access, weed growth, water
retention, algae growth, bacterial growth and sediment
control, Parks Department working on enforcement efforts on
Kitsap Lake use, Kitsap Way construction to start soon and
Wheaton Way construction is under way, Department of Energy
has approved a call for bids to make improvements to the
Wastewater Plant, Kitsap Way businesses are concerned with
access, Downtown Urban Renewal Plan is available and in
Council boxes for review, there is a recommendation to re-
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City Council Reg. Mtg. Minutes
July 22, 1987
Page 2 of 9
write the City ordinance to reduce confusion on abatement,
Board of Appeals is being reactivated. Mr. Collins attended
the meeting of the caucus of Cities of the PSCOG and
reported that there will be a slight reduction in fees for
1988, for a total amount of $17,119.00, and that there are
plans to re-write the Constitution and By-Laws.
Mr. Homing expressed his recent involvement in the PSCOG
caucus of Cities and that sometime in the future the dues
will not be assessed on the population numbers which would
cut the City's assessment in half.
Mr. Crutcher announced a Block Grant meeting will be held
August 10, 6:00 PM, at the old Smith School and encouraged
everyone to attend. Also, thanks were extended to the City
Council, Mayor, Director of Parks Department, Mr. Baker of
the Engineering Department.and Police Department for their
involvement in working on ideas to help the handicapped and
senior citizens.
Mr. Dawkins invited everyone to drive by Second Street and
view the "tower" that is being built and plans call for
contracting service organizations regarding assistance in
landscaping the area around the tower.
PUBLIC RECOGNITION
Ms. McCluskey, City Clerk, read a letter into the record
from Mr. & Mrs. Kluver and Mr. a Mrs. Christensen,
residents of Halverson Avenue requesting that the alley on
Halverson Avenue from Sheridan Road to 32nd Street be paved
instead of being patched. The letter was accompanied by a
petition signed by 33 residence of that area.
Mayor Gene Lobe brought up before Council the need to
authorize payment of the second half of 1987 Puget Sound
Council of Government dues. Mr. Horninq requested that an
Agenda Bill should be prepared for the next City Council
Meeting to resolve this matter.
Mim Huess, Executive Director of Bremerton/Kitsap County
Visitor and Convention Bureau provided an update on what is
happening at the VCB which included, printing and
distribution of the "Tour Package to Bremerton and Kitsap
County" by the Ferry System and placement of a booth in the
Seattle Ferry Terminal where information can be given to
individuals inquiring about ferry trips to the peninsula,
KJR Radio advertising planned for a "Mystery Tour" which
will bring in 54 people plus a DJ from KJR for one day to
look for clues on a "Mystery Hunt" in Bremerton and Port
Orchard which will offer a variety of prizes from local
merchants, plans continue on the visitation of the tall
ships in September, the cycle event coming to Bremerton is a
National competition and the winners will then go on to the
International competition in Switzerland bringing about
3,000 spectators and about 500 participants; and convention
coordination includes working with the Democratic Women
Convention - 1988 planned for the Bayview, Puget Sound Swim
Meet which includes all of Western Washington and south into
Oregon, to be held at the South Kitsap School Pool bringing
in 600+ in this event. Also, Mim expressed her appreciation
for the use of the Access Channel and their success in
seeking volunteers to assist in the VBC office during this
busy season and special thanks was given to the cooperation
from the City Council and assistance from the Mayor in
obtaining the final package from the Ferry System and the
tall ships event.
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City Council Reg. Mtg. Minutes
July 22, 1987
Page $ of 9
Elizabeth Buell, 1722 High Street, stated that she liked the
name "Evergreen Park" but she also liked Art Morken and
suggested the name "Art Morken Evergreen Park" in place of
just "Evergreen Park". Also, she was not supportive of the
Council spending funds on televising meetings.
Ed Rollman, 1331 Elizabeth, requested, once again, the
City's support to invite character actor Howard Duff to
return to Bremerton and be honored by the citizens in some
way...parade, etc., acknowledging his having lived in
Bremerton during his early years. Mr. Rollman also
expressed his concern that something is not being done to
preserve homes that have some historical significance.
6A - OPERATIONS AND MAINTENANCE SERVICES BRENR-RTON
WASTEWATER TREATMENT PLANT AGREEMENT - METC&r.~ AND EDDY,
INC. ~AB87-211
The current contract as amended for the operation of the
City of Bremerton's Wastewater Treatment Plant and related
appurtenances expired on December S1, 1986.
The Utility following City Council authorization in December
1986, retained the services of Economic and Engineering
Services, Inc. (EESW) of Olympia to review the current scope
of operations of the Treatment Plant and related facilities,
provide for a 6-month extension of the existing agreement
and develop and negotiate a new contract for its operation.
The utility, following a Request for Statement of
Qualifications, solicited formal proposals from three
qualified firms. Proposals were received from three firms -
Metcalf & Eddy, Operations Management International and
Professional Services Group, Inc. - in response to the
Utility's request.
Following review of the proposals and a formal presentation
by each firm, a Selection Committee consisting of two City
staff managers and two outside personnel from other
disciplines ranked the candidates.
Metcalf & Eddy, Inc. (MAE) of Woburn, Massachusetts was
ranked as the No. i candidate[
The Utility, based on the selection, authorized EES to enter
into negotiations with M & E and develop a new contract for,..
operations of the Wastewater Treatment Plant and related
facilities.
The cost of operation is estimated to be approximately
$64,200 per month for an annual expense of $770,000 to be
paid from the Wastewater Utility 451 Operating Fund.
Bill Duffy, Utilities Director, stated that in 1984 the City
entered into a contract for maintenance and operations of
its Wastewater Treatment Plant facilities. The initial
contract was for 29 months which covered the operation of
the existing primary plants that were on line at that time
and start up of the new plant and continuation of operation
of the new plant. In anticipation to the contracts
expiration, the City Council requested a briefing from the
Utility at their November Study Session of options
available to the City. The options included operations by
in-house personnel, operations by Kitsap County, going out
for bids, negotiating with current contractor or developing
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City Council Reg. Mtg. Minutes
July 22, 1987
Page 4 of 9
a metro concept wherein a group or commission would manage
all plants in the area, or negotiating with the short listed
firms from the previous contract. The City Council's
desire was to pursue the open field concept and solicit
Statements of Qualification from existing firms that were
available to operate such a plant. Pursuant to the
Council's indicated direction, the Utility engaged the
services of Economic and Engineering Services, Inc., to
assist in the process. The Utility, along with the
consultant, met with Council President and the chairmen of
Council Committees to outline the scope of tasks to pursue
that goal. The scope included: (1) preparation of a 6-month
extension to the present contract; (2) review of existing
contract documents and outlining the various management
operations and contractual issues that needed to be
addressed; (3) review of new DOE regulations and investigate
the upgrade of existing plant classification from a Class 3
to Class 4; (4) review the historical operating documents;
(5) preparation of a RFQ; and (6) evaluation of RFQ and RFP
for proposals and assisting the City in that process. The
City received five statements - PSG, OMI, EEOS, M&E and
James Montgomery. The list was shortened to PSG, OMI and
M&E. These three firms were invited to submit proposals.
After review by the selection committee the firms were
ranked with Metcalf and Eddy, Inc., being ranked No. 1.
The proposed operations contract has four major elements:
management supervision of the wastewater facilities, process
control or operations of facilities to treat wastewater
sewage, repair and maintenance of facilities and capital
improvements. Contract costs come to approximately $64,000
per month and does include a repair budget of approximately
$36,000 and if unused a portion would be returned to the
City. Additionally, there are provisions for capital
improvements should the City have to make major
improvements to the Wastewater Treatment Plant.
David Armstrong, an Attorney representing PSG, stated that
he would talk about two genera/ things: (1) the selection
process and that it was unfair to PSG; (2) the contract that
has been presented. He stated that what he would ask of
the Council, after making his presentation, would not be re-
negotiating a contract with PSG, but that they get a fairer
hearing. Mr. Armstrong brought up the point that Council
had not been told, at least at this meeting what sort of job
PSG has been doing at the plant. PSG is aware that there
are rumors that they have not been doing a good job and
they have struggled to meet that criticism. Mr. Armstrong
cited State Department of Ecology reports dated Spring and
Fall of 1986, reflecting that the Wastewater Treatment Plant
is well operated and maintained and a report from an
independent engineer, Mr.Daniel Cortonova, who was hired by
the City, stated (summer 1986) that the contractor had
satisfied by both the letter and intent of the contract
provisions - in general the facility had been managed,
operated and maintained competently and that the contractor
had focused manpower and money in several areas not
specifically required under the contract to the benefit of
the City. After the selection interviews were held and PSG
was notified by the City that they were not No. I but No. 3,
PSG made a financial offer, to establish a fund in the
amount of $200,000.00 to upgrade and refurbish pump stations
in the city, if the City would reconsider extending their
contract. Mr. Armstrong stated that this offer was not an
attempt to buy off the City but to provide funding to fix
the system and an offer that they made previously. A
response from the City to this offer from PSG was never
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City Council Reg. Mtg. Minutes
July 22, 1987
Page 5 of 9
received. Mr. Armstrong questions the qualifications of the
individuals who made up the selection committee, the
criteria used during the interview process and the
involvement of Mr. Broughton, past City Attorney,
representing Metcalf and Eddy, Inc., and the possibility of
violation of the Attorney's code of ethics. In regard to
the contract itself, Mr. Armstronq questioned the
difference between the contract before Council and the
proposals sent out to the firms...specificall¥ the item
under "electrical power" costs and the portion that the City
will be responsible for. PSG stands behind their proposal
that it is no different than the contract being considered
on the direct cost. Mr. Armstron~ stated that PSG 3ust
wants a fair hearing and would be willing to fund
independent experts for a re-evaluation and if they lost
they would walk away and if it was a fair deal M&E would win
again.
Joel Merkel, Attorney representing Metcalf and Eddy, Inc.,
stated that in his opinion the actions by PSG, news releases
and the presentation 3ust made is a political ploy to put
pressure on the Council to delay approval of a contract that
was reached by an eminently fair process. MRE has completed
with PSG at least three times in this past year and M&E has
defeated them each time and what is apparent is that they
are attempting a last desperate effort to try and delay the
award of the contract. In reference to Mr. Broughton's
involvement - he has not represented M&E, he is a member of
the same law firm as Mr. Merkel and when the decision to
represent MRE was made Mr. Broughton called Mr. Duffy,
informed him that they were representing M&E and received a
response that he did not see a problem with that. As to the
question of a violation of the Code of Ethics, Mr. Armstrong
is not in a position to make that determination - that is
for the Bar Association to determine.
Mr. Crutcher pointed out that the number 2 company, OMI, had
not filed any statement of unfair process in the selection.
Mrs. Long raised the question as to the type of criteria
asked each applicant and if it was the same in all cases.
Mr. Wubbena briefly outlined the process and types of
information requested from the applicants, noting that the
minor differences was .... to the outside companies the
question posed was "Why should we hire you instead of PSG",
and to PSG..."Tell us why we should not change the
contract" Mrs. Long raised the question as to power
usage - was there any difference in questioning of the three
firms on power that would be provided by the contractor
verses the City? Mr. Wubbena explained the that in addition
to specific information requested to determine power usage
in the operation of the plant, each firm was requested to
outline ways to decrease power costs and the outcome of that
request took the form of different approaches taken by the
firms.
TAPE #471 Mr. Waibel questioned the City Attorney as to the City's
strong.position that the process was fair and legal. Mr.
Sievers stated that he did not believe there was any
material challenge that could be brought to the process.
Mr. Duffy and Mr. Wubbena were also asked if they supported
that the process was fair to all applicants. Mr. Duffy and
Mr. Wubbena responded in the affirmative.
Mr. Colvin questioned when the proponent learned that they
were "doing a poor job". Mr. Armstronq stated that after
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City Council Reg. Mtg. Minutes
July 22, 1987
Page 6 of 9
M&E was selected there was a meeting with the Mayor, PSG,
Mr. Duffy and Mr. Wubbena, at which time PSG expressed how
upset they were about not being selected and hadn't been
told the criteria and at that meeting Mr. Wubbena stated
"you guys were doing a poor job". Mr. Armstrong also stated
that the Council should ask Mr. Duffy and Mr. Wubbena where
the $200,000 reduction is in the proposed contract. Mr.
Wubbena stated that there is provision in the contract for
allocation $36,000 per year for repair of pump stations and
in the event it is not needed, refund would be made to the
City and the net result of that $200,000 offer was
negotiated within the contract. Comments made to Mr.
Wubbena regarding the $200,000 was that PSG would recover
that amount in time - so it was an issue of pay now or pay
later - now the City has the say so when the repairs will be
made, not the contractor.
Mr. Johnson pointed out that during the first contracting
process it was much more loose and informal due to the
City's inexperience with the new plant operations - however,
now that there is experience the process has been much more
formal which is more beneficial to the City.
Mrs. Long questioned exactly when the City received the
offer of $200,000 from PSG for repair and upgrading the pump
stations. Mr. Duffy stated that Mr. Robins made the
proposal at Council's November 1986 Study Session. Also,
it has not been determined that it will cost $200,000 to
make repairs and upgrade the pump stations. Mrs. Long
brought up the fact that during the planning for the
treatment plant not all elements were included in the
original proposal. Mr. Duffy stated that he is working
with the Department of Ecology to discuss working out
additional grant money in the amount of 8 million dollars
for those items that were not included in the original
proposal but were part of the overall improvement plan. In
addition, some of the CSO's and pump stations were not
addressed in the original pro3ect and a new working plan is
being developed to look at and reset priorities.
#0314 M/S/C/U(Collins/Waibel) to approve the Agreement between the
City of Bremerton and Metcalf and Eddy for the operation of
the Wastewater Treatment Plant and related facilities and
authorize the Mayor to execute said Agreement sub3ect to the
City's Administrative Policy and Procedures.
CONTINUATION OF PUBLIC RECOGNITION
Michael Lyman, 1015 Perry Avenue. President of the
Bremerton/Seattle Commuters Association, announced that they
had information that the Ferry System has admitted to the
ticketing discrepancy and that passenger counts are being
taken on the Express and during the month of May there was
19% more passengers on the Express than sold tickets. After
a review of the contract for construction of the interim
ferry terminal, the Association is greatly concerned in
several area, such as: the existing pedestrial walk way
from the building to the terminal will remain in place and
just be re- roofed and will be accessible via three flights
of stairs which is a real safety problem and size of
temporary passenger waiting area The Association has
invited DOT personnel to meet with them on Tuesday, July
28, and extended an invitation to Council members as both
members of the Association and concerned citizens.
TAPE #471
City Council Reg. Mtg. Minutes
July 22, 1987
Page 7 of 9
Mrs. Lonq brought up the point as to an elevator being
provided in the construction of the interim ferry terminal.
Ms. Lyman stated that the plans do show construction of an
elevator about the same size as the one in City Hall.
?A - ORDINANCE (FIRST REAl)INS) A~ENDING TwR CITY'S 1987
BUDGET, #AB87-212
Continuing changes in circumstances and actions taken by the
City require that certain changes be made to the budget so
that it continues to accurately reflect the City's financial
operating plan.
Rich Hanna, City Treasurer, stated that all of the budget
adjustment requests had been brought before Council Fiscal
and Budget Committee and included under the General Fund:
1. Funding for summer interns for Personnel Department,
Planning Department, City Attorney's Office - $5,743.00.
2 Personnel Department incorporating monies received from a
rebate from AWC to fund a wellness program - $5,340.00.
3. Personnel Department - monies to fund the Chief of
Police selection process which was recently completed and
to enhance the negotiations contract with Cabot Dow -
$16,510.00.
4 Police Department - monies to provide for the settlement
of an unfair labor practice relating to the jail situation -
$29,500.00.
5. Engineering Department - transferring funds between
Engineering and Communications Departments for sharing of
clerical position between the two departments - $6,355.00.
6. Communications Department - item that adjusts the line
item detail of that department - no affect on bottom line of
budget - $12,900.00.
7. Facilities - monies to provide for carpeting on second
floor of City Hall for new offices for City Attorneys and
Personnel and City Treasurer and City Clerk office area -
$8,510.00.
8. Facilities - monies to facilitate the move of the Patrol
Division to the old WSP building - $24,597.00..
9. Street Fund - monies for funding of the James Study
increases for the non-uniformed employees and payment of
actuarial liability to State Department Retirement for a
recently retired employee - $17,000.00.
10. Provide $4,000.00 to the Street Department from the
Real Estate Transfer Tax fund for the sidewalk cuts made for
planting of trees sponsored by the Bremerton Main Street
Association.
11. Parks Department - 3oint project between the City of
Bremerton and YMCA to purchase and install a sign to the
entry of Municipal Swim Pool and new Kitsap Family YMCA
facility - $2,000.00.
12. Block Grant Fund - re-appropriates excess funds from
series of closed out 1984 projects - $78,679.85
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City Council Reg. Mtg. Minutes
July 22, 1987
Page 8 of 9
13. Block Grant Funds -incorporates budgetary capacity for
all previously approved 1987 Block Grant projects -
$357,000.00
Mr. Johnson questioned if any of the summer intern positions
were funded in the respective budgets. Mr. Hanna stated yes
they were pursuant to SLI Section I, Category A #15 -
monies were set aside in the General Miscellaneous category
until those position were filled - $12,000 total with
$6,000.00 for Administration and $6,0000 for Legislative
uses. Mr. Johnson suggested appropriating $2,315 of the
Council's $6,000 to the City Attorney for a second intern
and the remaining $3,685 to the Council's budget. Mr.
Waibel pointed out that if Council desires to approve the
suggestion made by Mr. Johnson, the Council' BARS Code needs
to be included on the Budget Adjustment and this action can
be carried out by the City Treasurer. Rich Hanna, City
Treasurer stated that if Council approves this action, the
appropriate amendment will be made to the Agenda Bill when
it comes before Council next week.
Mr. Crutcher expressed his concern over the poor conditions
some of the City's sidewalks are in and the need to provide
funding so that the citizens will not be endangered. Mrs.
Long stated her desire to see some type of funding program
where by the City could repair sidewalks and then attach a
lien to the property for repayment at some future time. MT.
Waibel stated that the City does have a CIP process under
development at the present time to identify kinds of
projects and to get the proper perspective on their
priority.
Mr. Waibel pointed out that Mayor Lobe had not signed off on
the request by the Personnel Department to use the rebate
funds and suggested that it be obtained so that the records
will be complete.
#1276 M/S/C/U(Colvin/Crutcher) to approve Ordinance, on first
reading, amending Ordinance #4110 relating to the financial
budget for the Fiscal year 1987, including changing the
Budget Adjustment Request for summer interns to include
allocating $2,315.00 to the City Attorney for a second
summer intern and $3,685.00 to Council's budget.
?B - ORDINANCE {FIRST READIN6) REPEALING ALL ORDINANCES
SUPERSEDED BY ORDINANCE NOS. 4032, 4040 THROUGH 4048, #AB87-
213
The following Ordinances were passed by the City Council in
April 1986: 4032 - Temporary Merchants, 4040-Advertising
Matter, 4041-Hotel/Motels, 4042-Bowling Alleys, 4043-Skating
Rinks, 4044-Theaters, 4045-Public Dances, 4046-Public
Amusements, 404?-Amusement Devices, 4048-Shuttle and
Limousine Service. The language repealing all prior
ordinances was contained in the caption of each, but not in
the body of the ordinances. In order to be technically
correct, this ordinance is prepared to properly repeal all
prior ordinances.
Ian Sievers, City Attorney, stated that each ordinance was
reviewed and assessed for need to make changes as noted.
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City Council Reg. Mtg. Minutes
July 22, 1987
Page 9 Of 9
#1437 M/S/C/U(Crutcher/Dawkins) to approve Ordinance on first
reading, amending Title 5, Business Licenses and Regulations
and repealing ordinances superseded by recent enactments
regulating Temporary Merchants, Advertising Matters,
Hotels/Motels, bowling alleys, skating rinks, theatres,
public dances, public amusements, amusement devices, and
shuttle and limousine service.
?C - ORDINANCE ~4115 (SECOND READING) JENSEN WATER DISTRICT
AREA ANNEXATIONt #AB8?-20?
#1476 M/S/C/U(Dawkins/Long) to approve Ordinance #4115, on second
reading, providing for annexation of certain territory to
the City of Bremerton and incorporation the same within the
corporate limits.
?D - ORDINANCE #4116 (SECOND READING) RRZONE R-2 TO LP AT
1024 AND 1028 FOURTH STREETt APPLICANT: DAVID & INa WINGO,
#AB87-209
#1523 M/S/C/U(Overson/Colvin) to approve Ordinance #4116 on second
reading, amending the use of area maps of Ordinance 1792
upon application of rezone from R-2 to LP and subject to
various requirements and other applicable laws and
regulations (Wingo).
?E - R~SOLUTION ~2175, COUNCIL BUDGET GOALS, OBJECTIVES AND
SPECIAL ITEMS FOR FISCAL YEAR 1988, ~A~87-214
The City Council provides Goals and Objectives to guide and
assist the City Administration assembling a budget that will
support Bremerton's progress.
President Homing pointed out that the Mayor had not
reviewed the proposed Goals, Objectives and Special Items
and has requested additional time to review them with his
staff.
#1562 M/S/C/U(Johnson/Colvin) to continue this item for one week.
With no further business meeting adjourned at 8.07 p.m.
N~F, f 'resident
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