HomeMy WebLinkAbout11/04/87TAPE #496
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
NOVEMBER 4, 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, November
4, 1987, at 5:30 p.m. with Council President Spencer
Homing presiding. Council members present were Hank
Waibel, Morris Dawkins, Mary Lou Long, C. R.
Col/ins, A1 Colvin, Russ Johnson and Lon 0vetson.
Councilman Shirley Marry Crutcher was absent. Also
present were City Attorney Ian Sievers and City Clerk
Eathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by
Council President Spencer Homing and Invocation was given
by Councilman A1 Colvin.
CONSENT AGENDA
A. Minutes of Meeting held October 28, 1987, #AB87-289
B. Bid Award - Wastewater Treatment Plant Improvement,
#AB87-296
C. Change Order #1 Wastewater Treatment P/ant Improvements,
#AB87-297
#0031
M/S/C/(Waibel/Collins) to approve Consent Agenda as
presented.
Vote:
In Favor:
Oppose:
Overson, Dawkins, Waibel, Homing,
Collins, Colvin, Johnson
Long
#0053
CLAIMS/WARRANTS REGISTER
Vouchers audited and certified by the a~diting 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/Dawktns) on November 4, 1987,_ the Council
does approve for payment those vouchers included and further
described as follows: Regular Warrants numbering 32536
through 32662 in the total amount of $272,831.19.
COUNCIL MEMBER PRPORT
Mr. Waibel reported that Enha~ced 911 will be on line as of
November 19 and that on that date an Open House will be held
at the CenCom Office starting at 10:00 AM. Due to limited
parking Mr. Waibel suggested parking across the street by
the college.
Mrs. Lona wished her successor good luck.
Mr. Colvin thanked Bill Duffy and John Poppe for their
diplomatic handling of a sensitive issue during discussions
with a group of citizens.
Mr. Collins reported that the group tasked to study the
"skateboard" regulating issue have held their first meeting
and appear to be making progress. They have requested the
Chief of Police to meet with them in the future.
TAPE #496
City Counci~ Reg. Mtg. Minutes
November 4, 1987
Page 2 of 8
PUBLIC RECOGNITION
Tom LonG, 2433 E. Phinney Bay Drive, made a presentation,
using a home video recording of a political Candidate Forum,
alleging that the video film had been tampered with and a
portion removed before being run publicly. Mrs. Long
stated that she had been present at the Candidate Forum and
had heard a statement made by Ms. Hotton which was not
included on the video tape. Jim Brontoli, Cable Access
Coordinator, stated that there had been no tampering or
editing over any portion of the video tape and suggested
that Mr. Long view the actual video tape of the Candidate
Forum.
Bob Smttter, 1511 Park, reported an error on the voting
ballot in his district which included Mr. Overson as a
candidate for Council Position. Mr. Smitter has filed a
complaint over the County Auditor's error. Also, Mr.-
Smitter stated that there is a Federal Regulation which
requires that a disclaimer must be made if editing is done
to a video tape when run publicly.
#0556
6A - NAD RESTROOM RENOVATION AND BARDSCAPE PROJECT, #AB87-
290
The N.A.D. Restroom Renovation/Hardscape is a 1988 Cobunity
Development Block Grant project, The scope of work includes
the renovation of the restroom and the construction of
sidewalks through the park.
Sotoptimists International of Bremerton has selected N.A.D.
Park as their community service project and upon completion
of the restroom and sidewalk, will provide play equipment
for the handicapped, landscaping, flowers, shrubs and the
redevelopment of the blind trail.
It is requested that Council award the bids to Kevin
Davidson and costs shall not exceed $24,200.00. The bud
received is a good bid and is supported by comparable cost
estimates by the City Engineering Department.
Arvilla Ohlde, Parks Director, stated that 85 bid notices
were sent out and three .were returned, with Keyin Davidson
being the lowest bidder.
M/S/C/U(Johnson/Colvin) to award.the bid to Eevin Davidson
for the amount' not to exceed $24,200.00, including tax.
#0637
6B - APPOINTMENT TO CABLE ADVISORY CONMITTEE - EDWARD
BACHMANN, #AB87-291
'Due to the recent resignation of Donna Allen, there is a
vacancy on the Cable Advisory Committee. It is recommended
that this vacancy be filled by Edward Bachmann.
Mayor Gene Lobe .briefly outlined Mr. Backmann's
qualifications which included an extensive background in
communications/cable programming technology. Mr. Johnson
commended the Mayor for finding such a qualified candidate.
M/S/C(Johnson/Waibel) to approve the appointment of Edward
Bachmann to the Cable Advisory Committee.
Vote:
In Favor:
Oppose:
Overson, Dawkins, Waibel, Homing
Collins, Colvin, Johnson
Long
TAPE #496
City ,~ouncil Reg. Mtg. Minutes
November 4, 1987
Page 3 of 8
#0847
6C - CONTRACT APPROVAL ANNEXATION PROJECT CONSULTANT -
SHERRIL HUFF, #AB87~292
At its September 2, 1987 meeting, Council .approved funding
and a work program for the development of data necessary for
an increased Annexation Program.
The procurement process has yielded Sherril Huff as the
proposed cbnsultant to accomplish the work. Council's
delegation of authority to the Mayor to sign the proposed
contract is necessary.
Don Pratt, Planning Director,
procurement process noting that
received and three were interviewed.
offered the most reasonable cost,
outlined briefly the
eight responses were
Of the three, Ms. Huff
i.e. $15.50 per hour
compared to $40/$50 per hour and could provide significant
local knowledge and familiarity with systems and people.
Mr. Pratt pointed but that Ms. Huff would not be continuing
to serve as Community Block Grant Coordinator as that
position has been advertised and should be filled in the
very near future.
Mr. Overson questioned if the City planned to continue
hiring consultants to handle annexation issues after the
term of Ms. Huff's contract expires? Mr. Pratt stated
no... future annexation activities will be under taken by
Planning Department staff.
Mr. Horninc questioned if the City would be providing an
office for Ms. Huff? Mr. Pratt stated no.
Mrs. %On_n_~questioned why was Ms. Huff's cost so much lower?
Mr. Pratt stated that Ms. Huff has a lower overhead cost and
apparently the City did not have a lot of competition for
her services.
M/S/C/(Colvin/Dawkins) to authorize the Mayor to negotiate
and sign a Consultant Contract with ,Sherril Huff for
· annexation project services.
Vote:
In Favor:
Oppose:
Abstain:
0verson, Dawkins, Waibel, Horning
Colvin, Johnson
Collins
Long
6D - WASTEWATER UTILITY COMPREHENSIVE PLAN, #AB87-293
The City Council pursuant to Agenda Bill #87-055, dated
February 4, 1987, authorized the Utility to proceed with the
development of an updated Wastewater Comprehensive Plan for
the Utility.
The Utility solicited formal proposals from qualified firms.
Following a review of the proposals and formal.presentation
by each firm, the Committee recommended CH2M Hill as the No.
1 candidate based on their overall experience and knowledge
of the City of Bremerton's Wastewater Treatment Facilities.
The Utility allocated funds in its 1987 budget for the
preparation of the comprehensive plan. Total project cost
is estimated to be approximately $50,000.00 to be funded
from the Wastewater Operating Fund.
Bill DuffV, Utilities Director, stated currently the
Washington Administrative Code requires all governmental
TAPE #496
City Council Reg. Mtg. Minutes
November 4, 1987
Page 4 of 8
#1109
agencies providing sewer service to provide a Comprehensive
Plan. For the past few years the City has been operating
under the Sinclair Inlet Study which is approximately 10
years old and was basically dedicated towards a regional
system. Since a 'regional system was not developed there is
a need to update a Comprehensive Plan for the City of
Bremerton to reflect its current operating status.
Mr. Johnson inquired what other firms submitted proposals?
Mr. Dully stated proposals were solicited from three firms,
URS, Parametrix and CH2M Hill. Parametrix chose to abstain
from the proposal, URS responded as did CH2M Hill. The
proposal received from URS was almost twice the cost of CH2M
Hill's.
Mr. Overson questioned if the $50,000.00 cost was based on
some kind of scientific basis? Mr. DuffV explained that the
value is based on time and materials for the work performed.
The $80,000.00 is a not to exceed figure. Mr. Overson asked
if we had examples of similar projects? Mr. Dully stated
yes - the Water Comprehensive Plan completed several years
ago and Water Resources Plan were both of similar cost.
Mrs. Long reported that the Port Orchard Annapolis
Wastewater Treatment Plant' had received an award for most
economical and efficient sewage.treatment plant in the State
and wondered why the City's facility did not compete for
this type of designation. Mr. DuffV stated the awards are
based on applications submitted by various government
agencies and the City did not'submit an application.
/
M/S/C(Waibel/Collins) to approve the Professional Services
Agreement between the City of Bremerton and CH2M Hill and
authorize the Mayor to execute said agreement subject to
Administrative Policies and Procedures. '
Vote:
In Favor:
Oppose:
Johnson, Colvin, Collins, Homing
Waibel, Dawkins, Over~on
Long
7A - ORDINANCE (FIRST READING) ESTABLISHING A MUNICIPAL
CO~FRT UNDEI~ CHAPTER 3.50 RCW, #AB87-294
At present Bremerton operates a municipal department of
Kitsap County District Court under Chapter 3.46 RCW.' As
such, the Judge's salary is set by RCW 43.10. The proposed
ordinance utilizes authority granted to cities of 400,000 or
less by Chapter 3.50 RCW to operate a Municipal Court with
local autonomy in setting salaries.
The ordinance must be passed by Council by December 1, 1987,
to take effect January 1, 1988.
Ian Sievers, City Attorney, stated that the City Council
directed that a study of the comparative features of a 3.46
and 3.50 Court Systems be conducted through the summer and
concluded that the City should move to a 3.50 Court system
beginning January 1. If the proposed ordinance is passed by
December I the 3.50 Court would commence as of January 1,
1988. The two Court systems were found to be almost
identical in jurisdiction and other features except that
the City can adjust the salary of the Municipal Judge and
set it by ordinance rather than having to pay a salary which
was determined by the State. Mr. Sievers noted a c~rrection
to the proposed ordinance..."the term should run from
January 1, 1988 to January 1, 1992"
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City Council Reg. Mtg. Minutes
November 4, 1987
Page 5 of 8
Roy RaineV, Municipal Court Judge, stated that he understood
Council action on this issue is based on an opinion by the
State Attorney General's office and that he did not agree
with that opinion on what Council can legally do. JudGe
RaineV did noted that during the previous discussions on
this subject he had been cooperative in his approach and
assured the Council he would not challenge Council's action
on the ordinance. JudGe RaineV proposed deleting the first
two paragraphs of the proposed ordinance, noting that the
Council had, in his opinion, the ability to change to a
different court system prior to 1984 and that currently the
Municipal Court Department is running efficiently and
effectively and the statement that after a change to 3.50
the department would run more efficiently and effective was
erroneous. JudGe RaineV pointed out that the City may be
hasty in its decision at this time as there is the good
possibility that the State Legislature will take steps
during their next session whereby the State would pay ~
District Court Judge's salaries. If this type action was
implemented, then the City would be out only $4,450.00 for
one year and would receive $26,000.00 the following
years .... savings would be so much greater than the increased
cost in 1988. Also, Judge Rainey is of the opinion that the
State might include in the legislation some type of
restrictions preventing cities that change from 3.45 to 3.50
to change back to 3.45 at a la~er date and be eligible for
the reimbursement of a portion of the District Judge's
salary.
Mr'. Colvfn stated that Council appreciated the Judge's
comments but wanted to know what would happen if the
Legislature did not enact legislation as he described.
Judge Rainey explained that the District Judge's salaries
would increase as of July I to $71,000.00
Mrs. Long expressed concern that if the City changed to a
3.50 court system now and then wanted t~ switch back to a
3.48 court, that the State would hold it against the
citizens and in some way restrict there so doing. Mr.
Homing stated that at this time anyone is just guessing as
to what the legislature may decide to do. JudGe RaineV
suggested that the City Join in with the County supporting
the drafting of this type of legislation as it affects every
County and 3.46 Court in the State.
Mr. Collins complimented the Municipal Court for the turn
around or turn in affect it is having in the community and
he appreciated Judge Rainey coming before the Council and
expressing his opinion. Mr. Homing stated Judge Rainey had
given valuable information for discussion and even though he
did not agree with all of it, at least they were apprised of
the Judge's concerns.
Mr. Watbel pointed out that the issue of changing types of
court was not just the salary issue, but that. it took the
control out of the hands of the State and gave it total
;local control.
Mr. Dawkins stated in his opinion the Council was only
looking at the Judge's salary aspect 'and he would not
support changing types of court at this time but should
wait. to see what happens during the next Legislative
session.
Mayor Lobe stated that he hoped that if Council moved ahead
to effect a change to the 3.50 court system that the Judge's
TAPE #496
City Council Reg. Mtg. Minutes
November 4, 1987
Page 6 of 8
salary would remain in the 861,000.00 range. Also, he urged
the Council to wait and see what the Legislature would do
during their next session in regard to the possibility of
the State being responsible for ~ of District Judges'
salaries.
Mr. Johnson pointed out the fact that many cities are
already 3.50 courts and not many are rushing to transfer to
the 3.46 court system.
#2027
M/S/C(Johnson/Long) to approve Ordinance, on first reading,
establishing a Municipal Court under Chapter 3.50 RCW and
delete first two paragraph starting with "WHEREAS".
Vote:
In Favor:
Oppose:
Johnson, Colvin, Long, Collins,
Homing, Waibel, Overson
Dawkins
8A - PUBLIC gRaltlNG - CITY OF BItEMF/~TON SHORELINE
SUBSTANTIAL DEVELOPMENT PERMIT {SL-2-87) DEMOLITION OF THE
NANETTE WASTEMATER TREATMENT PLAN, #AB87-295
The City Council is being requested to approve a Shoreline
Substantial Development Permit for the City of Bremerton to
demolish the abandoned Manette Wastewater Treatment Plant.
President Homing asked the "Appearance of Fairness/Conflict
of Interest" question'with all Council members being seated.
Ed Davis, Planner, described the site as approximately 1.2
acres located adjacent to and directly east of Lions
Community Playfield, south of Lebo Blvd., at the southern
end of Stephenson Avenue. The current zoning is R-1
Residential and current use was abandoned primary wastewater
treatment plant and related apurtenances. In response to
State SEPA compliance the City of Bremer~on as lead agency,
issued a Designation of Non-significance in August 1987.
Approval of the Shoreline Substantial Development Permit
must be based on: (1) consistency with the policies and
procedures of the State Coastal Management Act and (2)
consistency with the Bremerton Master Shoreline Program.
The City Council is the acting Shorelines Permitting Board.
Mr. Davis noted that the demolition of the old Manette
Wastewater Treatment plant and .expansion of'the adjacent
park will have a lesser impact on the adjacent shorelines
than the existing designation of residential. The proposed
project is located within the Tracyton Beach stretch of land
along the Port Washington Narrows and will not have a
significant impact on the area. The project is in
compliance with the adopted guidelines of the B.S.M.M.P.
Development guidelines include: (1) designate and administer
shoreline environments and use regulations to minimize man-
made intrusions on shorelines; (2) upgrade and redevelop
those areas where intensive development already exists, in
order to reduce their adverse impact on the environment and
to accommodate future growth rather than allowing high
intensity uses to extend into low intensity use or
underdeveloped areas. Staff recommends approval of the
project.
Bill DuffV, Utilities Director, stated this is a project
which had been put off for a number of years due to lack of
funds. Earlier this year a site inspection was made and it
was determined that due to the hazards existing there and
TAPE #496
City Council Reg. Mtg. Minutes
November 4, 1987
Page 7 of 8
'E #497
the liability associated with the project, the City should
take immediate action to remove the facility. Earlier the
City let smaller contracts to remove the sludge and asbestos
and the final contract will be for the demolition of the
facility with transfer of the property to the Parks
Department for restoration of the site.
Elizabeth Buell, 1722 High Avenue, questioned a permit
process at this time as the demolition process had been
going on for 2-3 weeks. Bill DuffV stated that the permit
is a paperwork process to make sure the files have the
appropriate documentation. Mrs. Buell expressed concern
that after demolition is complete there will still remain
an unpleasant odor in that, area. Mr. Dully explained that
all the sludges have been removed previously.
Merle Pribbenow, 2539 Stephenson, expressed his concern that
the sludge had impregnated the concrete and now the concrete
was being buried on site. He stated that he would not want
his children to play in this area.
W. J. Warren, 2520 Stephenson, expressed concern at the
Council's reaction at a previous Council meeting when this
subject was brought up regarding the permitting process
after the demolition activities had started. Also, he
believed the permit is in error-and can't be acted upon for
removal of a building which is no longer there.
Austl~ Johanson, 2518 Stephenson, expressed concern as to
adequate drainage of the buried concrete and debris, had
heard that the asbestos was hauled away in an open truck
and was concerned with what will be left at the site. Bill
Dully reported that in regard to drainage there are holes
on 10 ft. centers of on the bottom of the clarifiers and
digesters allowing drainage. The sludge was trucked to the
'treatment plant where it was treated and trucked to Shelton
for spreading on forest lands and the asbestos contract was
handled through the General Facilities Department by Mr. Don
Hock who is the City's certified person in asbestos
removal.
Pat Cater, 109-B Oak, Sheridan Neighborhood Assoc., stated
how pleased he was that this piece of property is being
retained by the City through the Parks Depar!ment. Also,
Mr. Carey was concerned who would inspect the site when the
demolition is completed. Mr. DuffV stated that there is a
grading plan associated with the project which will level
the area for some future use. In addition, contractors
estimate to remove the building alone was $90,000.00
additional dollars and a cost to haul in backfill. The
current contract for the project was awarded at $89,000.00,
a low contract based on the timing of the Job. The second
lowest bidder was $119,000.00. The final inspection will be
completed by Mr. John Poppe, project manager on this
project.
Mr. Collins pointed out that in addition to those already
mentioned who worked toward keeping the property within the
City's assets was Councilman Mary Lou Long.
Mr. Johnson restated his position that he still did not feel
~hat an abandoned ahd cleared sewage plant site was a good
place for children to play. Mr. Johnson also expressed
concern that the City keep this area as an open space and
not develop into another ball field. Mr. Dawkins stated
that the site is not large enough for a ball field. Don
TAPE #497
City Council Reg. Mtg. Minutes
November 4, 1987
Page 8 of 8
Pratt explained that the current Shoreline designation is
residential and that future intent is to keep that area for
recreational use.
Mr. Colvin reported that a citizen had seen wood being
duped into the hole along with the concrete. Mr. PoDDe
explained that large pieces of timber were broken up and
later hauled away from the site. He welcomed the citizen
input and in some instances they were justified in their
concern.
#0165
M/S/C/U(Overson/Dawkins) to approve the Shoreline
Substantial Development Permit for the City of Bremerton to
demolish the Manette Wastewater Treatment Plant as it
conforms to the goals, policies and regulations of Bremerton
Shoreline Management Master Plan.
With no further business meeting adjourned at 7:45 p.m.
CLERK
TPROiR HORN~T~t~/~
KLM/SH/me
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Normal Distribution
File/Vault