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Home My WebLink About07/01/87TAPE #463 UNAPPROVED DRAFT #0032 #O055 CITY COUNCIL HEETING HINUTES July 1, 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 1, 1987, at 5:30 p.m. with Council Vice President Hank Waibel presiding. Council members present were A1 Colvin, Morris Dawkins, Shirley Marry Crutcher, Russ Johnson-and Lon Overson. Absent were Councilmen Mary Lou Long, Spencer Morning and C.R. "Tiny" Collins. Also present were City Attorney Ian Slavers and Gil Johnson, Deputy City Clerk. The meeting opened with the Pledge of Allegiance led by Council Vice President Waibel with Reverend Win Swanson, Interim Pastor of the Church of the Nazarene giving the Invocation. CONSENT AGENDA A. Minutes of Meeting Held June 24, 1987, #AB87-186 M/S/C/U(Crutcher/Colvin) presented. to approve Consent Agenda as CLAIMS/WARRANTS REGISTER 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. -- M/S/C/U(Colvin/Crutcher) on Julyl, 1987, the Council does approve for payment those vouchers included and further described as follows: Regular Warrants numbering 30170, 30171, 30178 through 30370 in the total amount of $81,817.26 and Retirees Payroll in the amount of $46,382.78. COUNCIL MEMBER REPORTS Mr. Johnson expressed his continued concern that there appeared to be no progress being made in resolving the land use issue involving the logging operation and fruit stand off of Kitsap Way. City Attorney Ian Slavers reported that a citation had been issued and an attorney representing the owner has entered an appearance contesting the citation; and the City is working with the owner to try to resolve some of the underlying zoning and building code problems so that he may proceed with his business license application. Mr. Colvin artended a meeting sponsored by .Seattle University on June 27, regarding Seattle Sister City Program with Republic of Nicaragua, where efforts were being made to involve citizens of the United States to come to Nicaragua and observe or help in assuring the people a free and democratic election. Mr. Crutcher stated that the Council Public Safety Committee had met and noted special emphasis was placed on "banning outdoor burning" in Kitsap County including city areas. Also, discussion was held on future consideration of a "life time" pet license, noting benefit of cost savings . Mr. Waibel reminded Council members of the Study Session on Monday, July 8, 8 - 9 PM. TAPE-#463 City Council Reg. Mtg. Minutes July 1, 1987 Page 2 of 7 PUBLIC RECOGNITION Stan Christensen, 419 Plum, brought up the- question "how could Don Cundiff legally be named Chief of Police"; and stated his feelings as to inequitable treatment to Officer Alloway for reporting a possible theft and his suspension. Jim Strait, 6530 Hatlow Drive, President KitSap Lake Neighborhood Association, stated that a number of years ago the City Commissioners set up a Committee in the Kitsap Lake area to study and recommend zoning on a number of pieces of property on Kitsap Way. The recommendations of the Committee were submitted to and approved by the Planning Commission and City'Commissioners. There were a number of restrictions placed on some properties and the property owners agreed to and signed the fezones. Mr. Strait stated the property currently being used by Mr. Nelson is being used in violation of the Zoning Ordinance for that property and there is some question as to the building meeting Building Code standards. Mr. Strait questioned the City's right to "close their eyes" to a zoning violation just because Mr. Nelson may be providing a service. #0583 6A - LABOR CONTRACT BETWEEN CITY OF BREMERTON AND FIREFIGHTERS' LOCAL IAFF 437, #AB87-187 ' Bargaining for a 1987-88 contract began on November 7, 1987 with Local IAFF 43?. There were significant issues on the table and impasse was reached ~in late Spring, 1987. The parties filed for mediation with PERC. Mr. Fred Rosenberry, State Mediator from PERC, maneuvered both sides to a mutually acceptable resolution of remaining issues in early June. The contract provides significant improvements in language and presentation; a modification to LEOFF I sick leave use (two (2) shifts) prior to going on disability; a movement of dependents to Plan B of the AWC Medical Plan in October (or equivalent plan); increase of LEOFF II LTD (Long Term Disability) payment from $10.00 to $17.00 beginning October 1, 1987; removal of Battalion Chiefs and the Fire Marshal from the bargaining unit; and other minor adjustments of benefit to both sides. The 1987 cost of this contract is $79,300.00. The contract period is from January 1, 1987 through December 31, 1988. Dave Hiestand, Director of Personnel, provided a brief history of collective bargaining efforts and commended Mr. Fred Rosenberry, State Media'tot from PERC, for his successful efforts to bring the firefighters and City to an agreement which resulted in a "win-win" situation. M/S/C(Crutcher/Dawkins) to ratify the Firefighters' Local IAFF 43? Contract as presented. Vote: In Favor: Overson, Dawkins, Crutcher, Waibel, Colvin Abstain: Johnson Deputy Clerk Gil Johnson announced that Item 8B had been pulled and would not be heard at this time. 6C - CONTRACT TO PROVIDE PARAMEDIC SERVICES TO FIRE DISTRICT #8, #AB87-189 The Bremerton Fire Department has provided paramedic services to Fire District #8 by contract on a flat rate negotiated contract since 1984. The City Council directed the Mayor to negotiate an equitable rate equal to the same TAPE #463 City council Reg. Mtg, Minutes July 1, 1987 Page 3 of 7 #0676 rate paid by the residents of the City Of Bremerton which is .25/1,000 of assessed value of property. This contract provides this rate of payment. The contract provides for written cancellation notice by either party of 60 days. The estimated payment rate is $12,800 per year. Fire Chief Leonard Marks stated that pursuant to Council direction, negotiations were undertaken with Fire District #8 Commissions to enter into a contract for Paramedic Services at a rate of 25¢ per $1,000.00 assessed value of property. Mr. Crutcher stated 'that Agenda Items C,D,E, H had been reviewed during the Council Public Safety Committee and that the Committee fully supported the proposed actions. M/S/C/U(Johnson/Colvin) to accept Contract for Paramedic services to Fire District 8 as provided by the terms of the contract and that the Mayor be directed to execute the necessary signatures on behalf of the City. 6-D - CONTRACT TO PROVIDE FIRE PROTECTION AND PARAMEDIC SERVICES TO FIRE DISTRICT #9, #AB87-190 Kitsap County Fire District 9 proposes to contract for continued Paramedic services as provided since 1984 and to also contract for fire protection and fire management services from the Bremerton Fire Department. Payment is proposed to be at the rate of 55% of their annual operations property tax of $1.00 and paid in semi-annual installments when they receive their pToperty tax revenues in June and December. The revenues from this contract will go into the General Fund and will not require additional budget increases to the Fire Department budget. The contract is for 20 years with a one year written cancellation notice by either party. The rate 6f payment is subject to re- negotiation after December 31, 1988. This contract will provide for paramedic services 24 hours per day and for day time fire protection services during the weekdays. The Volunteer fire personnel from Fire District #9 will cover the nights, holidays and weekends and are augmented by automatic mutual aid as required by the current mutual aid contract. The current revenue of Fire District #9 is $158,000/yr., and 55% of this is $87,000/yr. Fire Chief Leonard Marks stated pursuant to Council direction that outside Fire Districts pay the same cost as those being charged Bremerton residents, negotiations were undertaken with Fire District #9. In addition to Paramedic services, the District also wished to contract for daytime (five days per week) fire protection services due to their having difficulty finding volunteers available for daytime emergencies. With the addition of daytime coverage the rate for services would increase from $15,000 to $40,000. Stan Christensen, 419 Plum, questioned the City's firefighter capability to extend to include Fire District 9, noting possible increase in costs for citizens of Bremerton or lowering of the fire rating for Bremerton. Chief Marks stated there would not be a need for additional personnel or training but would be using present staff to the maximum capability and the fire rate would not be lowered unless he had to decrease the number of firemen on duty. Also, the City would have volunteers available to assist the City in times of need. TAPE #463 City Council Reg.. Mtg. Minutes July 1, 1987 Page 4 of 7 #0935 #1218 M/S/C/U('Colvin/Johnson) to ratify contrac~ for Paramedic and fire protection and fire management services to Fire District 9 as provided by the terms' of this contract and that the Mayor be directed to execute the n~cessary signatures on behalf of the City. ' 6E - CONTRACT TO PROVIDE PARAM~DIC SERVICES TO FIRE DISTRICT #19, #AB87-191 The Bremerton Fire Department has provided paramedic services to Fire District #19 on a flat rate negotiated contract since 1984. The City Council directed the Mayor to negotiate an equitable rate equal to the same rate paid by the residents of the-City of Bremerton which is .25/$1,000 of assessed value of property. This contract provides this rate of payment. This contract provides for written cancellation notice by either party of 60 days. The estimated payment rate is $13,000 per year.. Fire Chief Leonard Marks gave brief history of negotiations with Fire District 19 Commissioners, noting that there would be an increase in fees charged from $3,100 to $13,000 per year. Due to a low cash flow within District 19, completion of the contract has been delayed and the Commissioners now want to bring the issue before the voters, by election ballot, to request an increase in their assessment from 58¢/$1,000 to $1.00/$1,000 in order to meet the higher fee. Since the District does not have the money to pay the higher costs at this time, it was suggested that services be provided, the issued be placed on the ballot, and payment made in one year - at which time their tax monies would be available. District 19 Commissioners gave a verbal agreement to this proposal. Council approval was requested even though District 19. Commissioners may not have signed the contract which had been amended to reflect the deferred payment schedule. Stan Christensen, 419 Plum, asked if increased revenues from the service contracts would allow. to place another paramedic on duty and el'iminate some of the ambulance service that the elderly have to pay. Chief Marks explained that if the City charged for transport and only collected that which insurance would pay, approximately ."$100.00 per ride, about $100,000 would be generated which could hire three firemen, one on a shift, placing a twelfth man on duty allowing the City to transport with City ambulance - this is a valid concept. However, there is in existence a private ambulance company and the City cannot push out an ambulance service The City would have to buy out the ambulance company unless it was determined that'they were not performing needed services. Mr. Johnson questioned a 20-year contract with a one year escape clause when City is limited to a 15 year contract for franchies. Ian Sievers, City Attorney, stated that franchises have a 10 year limit. Chief Marks stated that the original contract was for a perpetual contract but due to some legal. language requirements the intent for a long term contract could be reflected in a 20 year period and the one year escape clause allows either party to terminate the commitment. Mr. Johnson brought up the point of being able to re-negotiate fee scale within this period of time. Ian' Sievers stated that a good faith reLnegotiation clause is included and can be triggered any time after the first year. M/S/C/U(Cruther/Colvin) to accept this contract for Paramedic Services to Fire District #19 as provided by the TAPE #463 City council Reg. Mtg. Minutes July 1, 1987 Page 5 of 7 terms of this contract and that the Mayor be directed to execute the necessary signatures on behalf of the City. r · · 6F - PUGET POWER EASEMENT ALLEY BEHIND FIFTH STREET LIBRARY, #AB87-192 On August 27, 2986, the Council approved a PSP&L easement in the all~y behind the Fifth Street Library conditioned upon the return of an easement with the proper legal description. #1278 M/S/C/U(Colvin/Crutcher) to approve Puget Sound Power and Light Company easement. 6G - EASEMENT ON 1ST AND BRUEN FROM BREMERTON SCHOOL DISTRICT, #AB87-193 The Engineering Department has obtained an Easement from the Bremerton School District to place a utility pole and guy wire-on school property at 1st and Bruen. The Easement is necessary to place a flashing signal at that intersection. #1363 M/S/C/U(Dawkins/Crtucher) to accept Easement and have it recorded with a letter from Mr. Baker stating how the flashing light is going to work for Council information. #1524 6H - EXTENSION OF CONTRACT WITH DSHS FOR PROVIDING FIRE SERVICES, #AB87-195 The State Legislature allocated funding several years ago for Fire Protection Services for State owned facilities. This amendment extends the contract for the period 7/1/87 to 6/30/89. Fire Chief Leonard Marks stated the contract presented is a bi-annual renewal whereby the State pays the City 4¢ per sq. ft., for fire protection for the Frances Haddon Morgan Center. Ian Sievers, City Attorney, pointed out that the document in the Council packet was a Form Amendment to the previous contract and the document handed out prior to Council was the a new full contract incorporation an extended term from July ? through June 30, 1989. Two amended sections, Clause #7 and .Clause #9 (in the packet), were not adopted in the full contract, rather the old 'language was retained for those two sections so that there is not an alternate for payment arrangements and also the City retains responsibility for hold harmless indemnity to DSHS. M/S/C/U(Johnson/Colvin) to approve Fire Protection agreement .between DSHS and the City of Bremerton and that the Council President be directed to appoint two members of the Council to meet With Mayor, Superintendent of Frances HaddQn Morgan Center, representative of the State Fire Marshal's office during the month of September, 1987. 7A. EMERGENCY ORDINANCE #4114 TO RENAME BROAD STREET TO EAST BROAD STREET TO PROVIDE GEOGRAPHIC IDENTIFIER: ENHANCE 911, #AB87-194 Cen-Com and Pacific Northwest Bell do not recognize E. Broad as the legal name for in-putting information for Enhanced 911 Data Base. Residents of the block long street report that there are three Broad Streets, the other two having geographic identifiers. They have used E. Broad in their #1800 #2365 TAPE #463 City Council Reg. Mtg. Minutes July 1, 1987 Page 6 mailing addresses~ for some time. City of Bremerton utility bills are addressed to E. Broad. Emergency services dispatched through Cen-Com have responded to E. Broad addresses in the past. The attached petition, signed by the property owners, request and endorses the change. It is requested that the Ordinance be enacted on an emergency basis to facilitate timely data input for Enhanced 911. Vice President Waibel reported that the Enhanced 911 project is on track and should be in operations under the original time lines designated'. Shirley Lopez, 1120 Broad Street, supported the request for change due to the fact the Post Office already uses E. Broad and it will help eliminate confusion regarding the other Broad Streets in Bremerton. Stan Christensen, 419 Plum, supported the proposed change. Ian Sievers, City Attorney, stated that if Council wishes to pass the ordinance on an emergency basis there needs to be an added section giving the effective date other than a normal ordinance and stating the basis for the emergency. M/S/C/U(Colvin/Dawkins) to approve Ordinance #4114, on an emergency basis, renaming Broad Street to East Broad Street, situated in the City of Bremerton, Kitsap County, Washington and adding Section 2: "Council finds an emergency to exist and that to provide emergency services to addresses on this street may be impaired by 'continued use of Broad.Street and that this ordinance shall-become effective immediately upon passage. 7B - 'RESOLUTION #2172, RESIDENTIAL PERMIT PARKING - ANOEA AVENUE, BURWELL STREET TO GREGORY WAY, #AB8?-i??- The attached Resolution designates the area Zone #9, Anoka Avenue, from Burwell Street.to Gregory Way, as a Residential Parking Permit area. This has been approved by Engineering and Police Departments, and has been posed as required by ordinance for 10 days. Gil Johnson, Deput~ Clerk, read into the record a letter from Joseph Stark, 207 Anoka, supporting the approval of a Residential ParkihG Zone. Mary Jane and Carl Glaser, 1606 Gregory Way, and Stan Christensen, 419 Plum, spoke in favor of the proposed Residential Parking Zone. Lloyd Harris, 14S1 Burwell, spoke in opposition to the proposal, citing the fact that he will not no longer have use of free parking in this area and felt the Parking Zone to be too restrictive and would increase costs to the City to carry out enforcements. M/S/C/U(Colvin/Crutcher) to approve Resolution 2172, designating a Residential Parking Permit Area (Zone #9) - Anoka Avenue, Burwell Street to Gregory Way. With no further business meeting adjourned at 6:50 p.m. TAPE #463 City council Reg. Mtg. Minutes July 1, 1987 Page 7 of 7 CLERK APPROV / CER HORN 1 President err K LM/SH/me ccs: Normal Distribution File/Vault