HomeMy WebLinkAbout11/24/87TAPE #501
UNAPPROV -D9
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CITY COUNCIL MEETING MINUTES
NOVEMBER 24, 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, Tuesday, November 24,
1987, at 5:30 p.m. with Council President Spencer Horning
presiding. Council members present were Hank Waibel,
Morrie Dawkins, Mary Lou Long, C. R. "Tiny" Collins, A1
Colvin, Shirley Marry Crutcher and Lon 0verson.
Councilman Russ Johnson 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 Spencer Horning and Invocation was given
by Reverend Win Swanson, Associate Pastor of Hillcrest
Assembly Church.
CONSENT AGENDA
A. Minutes of Meeting held November 18, 1987, #AB87-310
B. Bid Award Recommendation - Maple Stump Treatment, #AB87-
31
M/S/C/U(Dawkins/Crutcher)
presented.
to approve Consent Agenda as
#0035
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 November 24, 1987, the Council
does approve for payment those vouchers included and further
described as follows: Regular Warrant~ numbering 32895,
32896 and 32902 through 32971 in the total amount of
$867,006.74.
COUNCIL MEMBER REPORT
Mr. Collins reported that Council members have been very
busy holding Budget meetings this past week.
Mr. Colvin thanked fellow Council members, staff and City
employees for their cooperative attitude and wished everyone
a Happy Thanksgiving.
Mr. Hornina reported he took part in the event kicking off
Enhanced 911 and noted efforts by many people involved in
seeing this project completed.
President Horninc announced that items 6A - Lease Basement
of Fifth Street Library to Community Bridge Club would be
heard next week. Also, item 6C - Contract #2708 Request For
User Fee Change Diamond Parking, would be heard next week.
6B - PROFESSIONAL SERVICES AGREEMENT
ENGINEERING SERVICES, INC., #AB87-313
The Utility has found it necessary
comprehensive review of its enabling
ECONOMIC AND
to provide a
and operating
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legislation and operating policies and procedures,
associated with the organization and financial structure of
the Utility in order to meet current and future regulatory
requirements.
The ob3ectives of the review are to (a) provide an update-of
the legal and fiscal framework of the Utility together with
related policies and procedures governing its operations and
organization, (2) review utility rates, charges and special
assessments associated with Utility service to its
customers, (3) review and negotiate Utility service
agreements and contracts with ad3acent utilities and (4)
review and assist in updating the Utility Billing System.
The Utility following a review of Statements of
Qualifications solicited formal proposals from qualified
firms. Following a review of the proposals by a committee of
City staff, the committee recommended Economic & Engineering
Services Inc., (EES) of Olympia as the No. i candidate based
on overall experience. The Utility allocated funds in its
1987 budget to complete this project. Total cost is
estimated to be approximately $50,000.O0 to be funded from
the Utilities' Operating Fund.
Bill Duffy, Utilities Manager, restated the proposed work
program, noting that it could take from 6-9 months to
complete.
M/S/C/U(Crutcher/Dawkins)' to approve the Professional
Services Agreement between the City of Bremerton and EES and
authorize the Mayor to execute said agreement subject to
Administrative Policy and Procedure.
PUBLIC RECOGNITION
Mary Serbousek, Co-Executive Director Project Family, 2601
Cherry Suite 104, read into the record a letter requesting
the City Council to reconsider their decision to discontinue
funding for Pro3ect Family through the Community Development
Block Grant. Ms. Serbousek stated that services offered
through Pro3ect Family are not duplicated by any other
agency and are available to low income residents of
Bremerton. Pro3ect Family has been funded by CDBG funds for
the past two years and been recognized by many organizations
for their significant work in the community. Ms. Serbousek
requested a written response to this request.
Ann Hammon, Co-Executive Projec~ Family, 2601 Cherry,
stated her understanding that future Block Grant funds may
be no longer available and suggested that the elected
officials within the County and City, the business
community and leaders within the community work together to
see how they can actively work together to support these
agencies that are vital for the community.
Elliott Swanson, 808 Hayward, posed question to Council that
the 5th street Library restroom ~eceived partial funding and
did this mean that he should start with the money allocated
and seek additional funding at a later date? President
HorninC requested Mr. Swanson to submit his questions in
writing and he would provide a written response.
6D - CONFIRMATION OF ROY RAINEY AS JUDGE OF BREMERTON
MUNICIPAL COURT, #AB8Y-315
On November 18th the Council passed an Ordinance
reorganizing the Court as a Municipal Court under RCW S.50,
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effective January 1, 1988. Mayor Lobe approved the
ordinance and offers the incumbent Judge Roy Rainey as his
appointment to fill the first four year term of office as
Municipal Court Judge.
The Judge has agreed to accept the position at his current
salary of $82,100.00, which has been included in the
Administration's 1988 budget. ,
MaVor Gene Lobe stated his desire to recommend Judge Roy
Rainey as the first Municipal Judge under RCW 3.50.
M/S/C/U(Colvin/Collins) to confirm the appointment of Judge
Roy Rainey to the position of Bremerton Municipal Court
Judge, the first under RCW 3.50.
7A - RESOLUTION #2183 - SOLID WASTE DISPOSAL REQUIREMENT RE:
WAC 173-304 AND DISPOSAL FEE PROPOSAL, #AB87-272
This item was previously heard by the Council on October 14,
1987, at which time it was tabled for further study.
Brem-Air, Inc., is proposing a rate increase to facilitate
"pass through" of costs essential for compliance with WAC
173.304. The fee, identified as a "Disposal Fee" would be
added to individual monthly customer billing. There would
be no change in the basic collection service charge.
Richard Dunlap, representing Brem-Air, Inc., and Kitsap
County Sanitary Landfill, Inc., stated that ~1 information
had been previously presented to Council with supporting
data provided for their study since the pcevious Council
meeting held and that he was available for any questions
they might have.
Ms. McCluskeV, City Clerk, read into the record a letter
received from Representative Paul W. Z~llinsky, Sr., in
which he urged Council to move forward on this issue and by
giving their approval to the request would help determine
the future of solid waste management for the residences of
Bremerton and Kitsap County.
Mrs. Lone questioned why residents of the City of Bremerton
should have to fund clean up efforts at the Hansvilla site
when it was not used for disposal-of waste from residents of
the City of Bremerton. Mr. Dunlap explained the Olympic
View site combines with the Hansville site, which comprise
the major permitted facilities within Kitsap County and with
passage of the 1982 Comprehensive Plan the County
Commissioners determined that the two sites would operate as
a team in terms of managing the County's waste. The
proposed rates were determined by costs for managing both
sites and all the waste delivered to those sites. The costs
that are presented are for both sites and considered an
overall County expense.
Mrs. Lona ques{ioned concern that Bremerton shares a site
with PSNS which could have higher contaminates than
residents of the City. Mr. Dunlap stated State regulations
prohibit disposal of toxic or hazardous waste at the Olympic
View and Hansville Sites. Toxic and hazardous wastes are
handled under a separate program under the State which is
their "Dangerous And Hazardous Waste Program". PSNS
removes those wastes, which are either treated and rendered
inert or transported to a regulated site (in Oregon). Mr.
Dunlap pointed out that County residents who do not use the
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Olympic View site are also required to share the costs for
managing both sites.
Mr. Overson questioned the effective date if the proposal
is approved and at what rate figure (this information was
left out of the/resolution). Mr. Dunlap stated that the
effective date for collecting the Disposal Fee would begin
December 1, 1987, and the rates would be as reflected in the
Rates Schedules provided to Council as supplemental data.
Mr. Collins stated that the background information provided
was excellent, however, he did question the calculations for
waste i.e., compacted/non-compacted and fairness to
residents who are already recycling and have reduced their
amount of waste being deposited in the landfills. Mr.
Dunlap explained that the cost figures were calculated on
that which is disposed of at the landfill site which has
been picked up from the residences and compacted in the
process, not calculated on the basis of it being "loose
garbage". Mr. Collins strongly supported the City setting
up a mandatory Recycling program. Also, Mr. Collins
questioned the County's additional 25¢ requested and asked
what they plan to do with the funds. Mr. Dunlap briefly
outlined recycling efforts currently under way by Brem-Air,
Inc., and Kitsap County Landfill and Mr. Lindgren's is
currently active and desire to promote recycling by the
residential and commercial users in both the County and City
of Bremerton. Mr. Dunlap supported a volunteer recycling
program vs mandatory. Mr. Dunlap pointed out that on the
issue of County's 25¢ fee - the County under State Statute
must manage waste in the County overall and they have taken
the steps necessary to carry waste disposal management today
and future needs.
Mr. Overson raised question...if the costs were less than
estimated would a refund of some kind be in order. Mr.
Dunlap stated that there would probably not be a refund to
the users, however, future increases would be at a lower
rate.
#2096
M/S/C(Waibel/Dawkins) to approve Resolution #2183, setting
"Disposal.Fee" rates as reflected in Exhibit I attached
effective December I and amending the Garbage Collection
And Disposal Contract.
Vote:
In Favor:
Opposed:
Overson, Dawkins, Crutcher, Waibel
Horning, Colvin, Collins
Long
#2272
?B - RESOLUTION #2190 - SET HEARING DATE FOR STREET VACATION
CHARLES HASELWOOD, 3800 BLOCK EITSAP WAY, NORTH SIDE,
316
RCW 35.79.010 requires the legislative authority to set a
public hearing date for Street Vacation petitions. The
hearing shall be not more than 60 days nor less than 20 days
after the date of the passage.
Jack Allin~ham, Planning staff, added only a correction to
the Ordinance noting the correct spelling of" Haselwood".
M/S/C/U(Waibel/Colvin) to approve Resolution #2190, setting
a public hearing date for Street Vacation petition for
Charles Haselwood, located along the north side of the 3800
block of Kitsap Way for December 16, 1987.
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?C - RESOLUTION ~2191 - WESTVIEW SUBDIVISION PRELIMINARY
PLAT, PRICE ROAD AND HARLOW DRIVE, #AB87-317
On February 4, 1987, the City Council approved the
Preliminary Plat for the Westview Subdivision subject to the
conditions recommended by the Planning Commission. Approval
of the Resolution will document conditions necessary for
Final Plat approval. The Resolution references Planning
Commission's Resolution #813 for specific conditions.
Jack AllinOham, Planning staff, stated briefly that the
Resolution will facilitate the necessary review of
conditions set for final Plat approval.
A. J. Carstens, 318 Upper Shore Drive, asked for
clarification of the topic being discussed. Jack Allingham
briefly identified the project, what it was comprised of and
previous actions taken by the City Planning Commission and
City Council.
Mr. Dawkins pointed out that there was another Westview Plat
in the City of Bremerton and questioned the possibility of
confusion when the plat is recorded in the County. Jack
Allincham explained that to his understanding that at the
time of Final Plat request a-name change would also be
requested.
M/S/C/U(Overson/Dawkins) to approve Resolution #2191
accepting Preliminary Plat of the Westview Subdivision.
7D - ORDINANCE (FIRST READING) REGULATING THE USE OF
SEATEBOARDS WITHIN THE CITY LIMITS, #AB87-318
Th~s item was tabled for S0 days on October 28, 1987. A
committee developed the proposed ordinance.
Pete FlVnn, Executive Director of Bremerton Main Street
Program, described the activities of the committee, which
was comprised of himself, concerned citizens Roy McGinnis
and David Scott, Merilynn Erhart, Council Legislative
Assistant and a group of skateboard enthusiasts. Mr. F1ynn
commended the efforts of the young people to become involved
and supported the proposed ordinance as a starting point to
address the issues of skateboard riding. In addition,
effort is still .being made to learn more about skate parks
and what other cities have done in providing activity areas
for skateboarders. Mr. FlVnn requested that if approved,
the ordinance would come up for review after a period of six
months.
Lynn Coney, Police Chief, stated his support for the
ordinance and would assist with tracking any skateboard
incidents coming through the Police Department. Chief Coney
stated he would prefer stronger language describing what is
considered "in control of skateboard"
A. J. Carstens, 318 Upper Shore Drive, stated he was
opposed to any ordinance regulating skateboarding but if one
had to be adopted, then he supported this ordinance.
Mr. Waibel questioned if the ordinance covered riding on
walls? Mr. F1Vnn pointed out the section relating to public
and private property.
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Mr. Overson questioned enforcement of this ordinance if
approved. Ian Sievers, City Attorney, stated that this
ordinance will be more difficult to enforce because
interpretations and opinions of what is a careful speed can
vary. Mr. Homing questioned if the ordinance had a penalty
for misconduct? Mr. Sievers stated that he would be bring
before Council a General Penalty Section for infractions
and that a grace period would be extended until the General
Penalty Section would go into affect. Presently, a Civil
Infraction is punishable by a maximum penalty of $250.00,
with no consideration of jail time as it is not a criminal
matter. Mr. Hornin~ suggested to the City Attorney that he
submit the proposed "General Penalty Section" to the
Skateboard Committee for their review prior to it coming
before Council. A. J. Carstens stated that discussion
within the Committee as to penalty was approximately $15.00
due to the fact that young people are less likely to have
resources available for a larger penalty. Mr. Waibel
pointed out that as proposed a Civil Infraction maximum
penalty is $250.00 and that it would be up to the Judge to
set a specific amount. Mr. Colvin supported "community
service" rather than a dollar amount. Mrs. Long supported
letting the Judge set the penalty according to the
seriousness of the act.
Mr. Overson reminded the Council that the ordinance was
written to address problems and the penalty levied is
directed to stop individuals from creating the problems.
#0099
M/S/C/U(Collins/Colvin) to approve Ordinance, on first
reading, regulating the use of skateboards within the City
of Bremerton.
7E - ORDINANCE, (FIRST READING), PROPKRTY TAX LEVY, #AB87-
319
The City has been informed by the County Assessor's office
that the State Department of revenue now allows the recovery
of lost property taxes due to a City's lack of levying to
the 106~ limit. The City Council in 1985 (for taxes
collected in 1986) levied taxes at 103%. The amount
recoverable in 1988 is between $70-90,000.00. This will
result in an additional 11.1¢/$1,000.
Mayor Gene Lobe stated his support of passage of this
ordinance due to needs identified for the 1988 budget.
RoV McGinnis, 2711 Maple, asked if there would be an
opportunity for public input at the time of second reading?
Mr. Hornin~ suggested that he talk with Mayor Lobe or Ms.
McCluskey and discuss the issue and after that you would be
allowed to speak at the time of second reading, if it
passes.
Mr. 0verson asked if he was correct in his understanding
that an individual would be charged $11.00 per year on a
$100,000.00 home. Ms. McCluskeV, City Clerk, stated yes -
at the high level based on $90,000.00. Mr. Dawkins
questioned when the money would come to the City. Rich
Hanna, City ~reasurer, stated funds would be received in
1988.
Mrs. Long questioned if this tax comes out of the money
collected on the assessed value of their property? Rich
Hanna stated that it is an additional cost to the property
owner representing an increase of 11¢ per $1,000 in the
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City's General Property Tax Levy. Mrs. Lonq questioned if
the Mayor's proposed 1988 budget include the $70-90,000?
Rich Hanna stated it was not included in the Mayor's
proposed budget. Mrs. Lonq stated for clarification..that
when the previous Council neglected to exercise its
authority to collect 103~ rather than 108% that was 3% lost
for how many years. Rich Hanna stated that it applied to
the 1985 Property Tax Levy/1986 budget. Mr. Horninq stated
previous Council action was understood as a choice, not
neglect. Mr. Hanna stated that the 3% loss was during the
one year but that it then compounds the following years.
Mrs. Lon~ suggested that maybe the City should try and hold
down taxes and possibly reduce government, accepting the
fact that the City has lost some funds but does not wish to
burden citizens with additional property tax and look for
funding resources elsewhere. Mr. Overson pointed out that
citizens continue to ask for more services from the
government and those services have to be paid for by
someone.
Roy McGinnis, 2711 Maple, stated that due to the Council's
explanatory discussion on this issue all his questions have
been answered.
#0594
M/S/C(Overson/Crutcher) to approve Ordinance, on first
reading, levying Municipal taxes against all the taxable
property within the City limits of Bremerton for the year
1987 and approving the assessment roll made by the Assessor
of Kitsap, therefore to be collected in the year 1988 and
the funds be budgeted by the Fiscal and Budget Committee for
fiscal year 1988 to be presented to Council when the Budget
is presented.
Vote:
In Favor:
Oppose:
Colvin, Collins, Homing, Waibel
Crutcher, Dawkins, Overson
Long
With no further business meeting ad3ourned at 7:55 p.m.
KA . MCCLUSKE~~,CITY CLERK
APPRO
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KLM/SH/me
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President
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