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Home My WebLink About12/09/87TAPE #505 UNAPPROVED DRAFT #0021 #0037 CITY COUNCIL MEETING MINUTES DECEMBER 9, 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, December 9, 1987, at 5:30 p.m. with Council President Spencer Homing presiding. Council members present were Hank Waibel, Mottie Dawkins, A1 Colvin, Shirley Marry Crutcher, Russ Johnson, C. R. "Tiny" Collins and Lon Overson. Councilman Mary Lou Long 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 Homing and Invocation was given by Reverend James Giles of the New Life Family Christian Center. CONSENT AGENDA A. Minutes of Meeting held - November 24, 1987, #AB87-326 B. Minutes of Meeting held - December 2, 1987, #AB87-327 M/S/C/U(Waibel/Colvin) to approve Consent Agenda as presented. 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 December 9, 1987, the Council does approve for payment those vouchers included and further described as follows: Warrant Nos. 33088 through 33165 in the total amount of $113,260.03 and Regular Payroll in the amount of $318,707.89. COUNCIL MEMBER REPORT Mr. Colvin shared a letter he received from a Cub Scout Troop requesting a tour of City Hall. Mr. Collins reported that there was no longer a need to conserve use of water now that the rainy season has returned and availability of water resources has increased. Mr. Crutcher pointed out that minutes of Council Committee meetings are available to the public. Mr. Dawkins reported that the Winter Wonderland event was a very nice affair and well artended. Also, the Christmas Parade went on with only 9 units, however, there were 2 - S00 people downtown to take in the event in spite of the rainy weather. Mr. Hornino stated that the Winter Wonderland event was spectacular and for an excellent cause and publicly thanked everyone who gave of their time and financial support. 6A - OLYMPIC AMBULA}lCE PROPOSED 1988 RATES, #AB87-328 Mr. William Littlejohn is requesting an increase of 810.00 to the BLS fees and $7.50 to the ALS fee. New charges TAPE #505 City Council Reg. Mtg. Minutes December 9, 1987 Page 2 of 6 includes $5.00 for gloves and masks and $5.00 for backboard taping. Ms. McCluskeV, City Clerk, handed out a Rate Schedule, noting it was the same document that was included in the Council Agenda packet except for one change - the discount policy for $500+ to be negotiated. William Littlejohn, owner of Olympic Ambulance Service, stated Council had previously received his proposal and he was available for any questions they might have. MaVor Gene Lobe stated that he would like to make sure there would be an opportunity for some negotiation downward of fees. Mr. HorninC questioned Mr. Littlejohn as to the possibility of his charging a lower fee for some individuals which could then reflect a loss and would then come back to Council next year requesting a greater increase in fees in order to continue doing business. Mr. Littlejohn stated that the ordinance stipulates that a reduction of fees can not be made unless included in the schedule of fees which have been approved by Council. Mayor Lobe expressed concern that the ambulance operator could go to an insurance carrier, such as KPS and negotiate a lower rate for their clients but would make up the difference by requiring other users to pay a higher fee. Mr. Littlejohn stated he recently had a discussion with Mr. Schneidler of KPS as to the feasibility of negotiating a rate for an insurance carrier, however, in the past he was unable to do this. Mr. Horninc questioned if the City had a legal right to grant approval to a proposal such as this...Mr. Littlejohn negotiating with an insurance carrier for reduced rates? Ian Sievers, City Attorney, stated that the City would be within its legal right to make such approval. Mr. Littlejohn stated that KPS is not a big user of his services and that the greatest use comes from clients which are under the 'Medicare program. Mr. Johnson stated if Council approved this request it leaves it open ended and the proposal presented was for setting rates not changing the ordinance and felt more study should be given to the proposal. Mr. Littlejohn explained that his intent was to give a person who was a multiple user the opportunity to reduce that overall cost and that he would be willing to bringlbefore Council any rate negotiated with an insurance carrier. Mr. Overson supported setting negotiating limits. Mr. Hornin~ suggested the wording: "$500 plus monthly per individual". Mr. Waibel suggested the wording to include: "$500.00 plus monthly per individual negotiated at 10-20% discount". #O826 M/S/C(Collins/Waibel) to approve the rate schedule as presented with the inclusion of a 20% negotiating limit for those charges of $500 plus monthly per individual. Vote: In Favor: Oppose: Colvin, Collins, Hornin9, Waibel, Crutcher, Dawkins Johnson, Overson 6B - RECONSIDERATION OF BID AWARD - TWIN LAKES THINNING, 2- 87, #AB87-329 On October 28,1987, City Council awarded the contract for Timber Sale 2-87 to J and J Logging as to specifications and high bid received. Subsequently J & J Logging stated that job scheduling precluded their fulfillment of the contract in a timely manner. TAPE #505 City Council Reg. Mtg. Minutes December 9, 1987 Page 3 of 6 #1000 Bill DuffV, Utilities Director, stated that the original bidder has declined entering into a contract with the City, therefore Council is being asked to excuse that contract and award the contract to the second bidder - Mischel Brothers. Mr. Hornin~ questioned if the bid was bonded. Mr. Duffv stated yes and further explained 'that there are three qualified firms within the area to do this type of work so the market is somewhat limited. Mr. Dawkins questioned if the City would keep the bid deposit? Mr. DuffV stated yes, the City would keep the $1,700.00 bid deposit. M/S/C/U(Dawkins/Crutcher) to approve awarding contract for Twin Lakes Thinning (2-87) to Mischel Brothers as to specifications in the amount payable to the Utility of $17,601.00. #1224 6C - REAL ESTATE PURCHASE AGREEMENT BETWEEN THE CITY OF BREMERTON AND POPE RESOURCES, #AB8?-330 The Union River and its tributaries, a surface supply source, provide approximately ?0R of the City's domestic water supply. The passage of the Amendments to the Safe Drinking Water Act in 1988 required the Utility ~o review its management of this resource with respect to its protection. 'The City Council in 1988 authorized the Utility to develop a management plan which was adopted by Resolution ~2135 on October 15, 1988. The management plan provides for the acquisition Of properties adjacent to existing and future water supply and storage area to provide protection to those supplies. The Utility requests City Council to consider a purchase agreement between the City of Bremerton and Pope Resources which involves 36 acres of land situated south of the Twin Lakes Reservoir and west of the Gold Modntain Golf Course (Section 2, Township 23N, Range 1 West) and valued at 8202,561.00. The purchase of the tract will provide protection for the Utility's Twin Lakes Facility, a 400 million gallon storage facility slated for improvement under the Utility Water Resources Development Plan. Bill Duffy, Utilities Director, described the location of the proposed acreage noting that it is adjacent to and enhances the parcel the Utility recently purchased. Mr. Overson- asked if he was correct in his calculations that cost per acre would be $5,800. Mr. DuffV stated the appraisal came to $1,700 per acre and there are two parts to the appraisal...the land valued at $1,700 per acre and the timber resource which is the balance of $202,581.00. M/S/C/U(Waibel/Dawkins) to approve the purchase agreement between the City of Bremerton and Pope Resources for the purchase of the tract and the expenditure of $202,561.00 from the Utility's Land Acquisition Fund subject to City Administrative Policy and Procedure. 7A - ORDINANCE (FIRST READING) ADOPTING AND APPROVING THE CITY'S 1988 BUDGET, #AB87-331 TAPE #505 City Council Reg. Mtg. Minutes December 9, 1987 Page 4 of 6 #1384 The proposed ordinance will adopt the Mayor's 1988 Budget Proposal as amended by the City Council's Fiscal and Budget Committee. Passage of a budget ordinance is required .by State Statue codified in RCW 35.33.075. Rich Hanna, City Treasurer· stated that the ordinance represents the Mayor's proposed budget as modified by the memo to the Mayor and staff from the Council Fiscal and Budget Committee dated December I and represents the culmination of a process that began July i and proceeded through work by all of the various staff of the City departments. Mr. Crutcher stated he had only one area of concern and that was having to do with funding of the handicap lift but did appreciate Council's action to address handicapped needs within the City. Mr. Johnson stated that the budget presented to Council was an excellent document and overall the citizens will get the most for their dollars invested. However, he expressed great concern as to how allocation of managers salaries was not being controlled and the signals that could be going out to the labor organizations. M/S/C/U(Overson/Co!vin) to approve ordinance, on first reading, adopting the financial'budget for the several funds of the City of B:emerton for the fiscal year 1988, and appropriating the ~mounts set forth in each budget to each fund in accordance with RCW 35.33.075 with the attached amendment and to i=clude a revision in the Advertising Fee for the Golf Courser which will be reflected. 7B - ORDINANCE ( FIRST READING ) ESTABLISHING A GENERAL PENALTY PROVISION TO BE INCLUDED IN TITLE 1, CHAPTER 12, #AB87-332 provision for the Bremerton Municipal Cod~ unless ot se specified. The ordinance expands to the entire code and presumption contained in the Criminal Code (Title 9A) that violations will be misdemeanor offenses. It also sets general penalties for each type of offense to av~rd repetition and inconsistency in drafting penalties different regulations. / / / Ian Slavers, City Attorney stated that currently t, e~e is a Chapter 1.12 and the title of the Chapter is Prosecution Violations. The proposed ordinance would add a consistent penalty so that it would not have to repeat the penalty for every chapter of the code. The presumptions that violations of a City Ordinance will be a misdemeanor is already in the code but only under 9A which is the Criminal Code and would now begin making the presumptions apply to the entire Municipal Code. The penalties for misdemeanor and gross misdemeanor are under 9A and those would be moved forward. The main objective, besides saving space and avoiding mistakes· failing to put a penalty section in chapters and avoid inconsistencies, is to begin the process of imposing civil infractions for violations of ordinances - a whole procedures section would be added to Chapter i .12 and creating a civil infraction penalty as well as the criminal penalties that are in 9A. Mr. Sievers referenced State Legislative actions taken during the last session· citing Chapter 456 of the '87 Session, which allows them to move in the same direction. Municipalities can now impose civil infraction penalties rather than misdemeanor TAPE #505 City Council Reg. Mtg. Minuts December 9, 1987 Page 5 of 6 #1705 penalties and in his opinion it is the direction the City should take; and by doing so it would reduce costs to the City by not requiring attorneys who represent the city attend Court hearings and allowing Court Commissioners to conduct the hearings rather than the Municipal Judge. Sue MotCan, 327 S. Charlotte, requested clarification of the action being required under this proposal. Mr. Sievers stated that the ordinance is creating a procedure for imposing civil infraction penalty for violation of other City ordinances. Mr. Waibel questioned if a "failure to appear" was now considered a civil infraction? Mr. Sievers stated no, it is considered a misdemeanor. Mr. Johnson asked how it would affect the current work load of the Municipal Court Department. Mr. Sievers stated that more would have to be implemented to make a difference but that it could reduce their work load. M/S/C//U(Johnson/Colvin) to approve ordinance, on first reading, establishing a general penalty provision to be included in Title 1, Chapter 12. Council President Horninc stated that Item ?C was pulled for an indefinite period and would not be heard. 7D - ORDINANCE #4135 (SECOND READING)- ESTABLISHING PAY/BENEFITS OF DEPUTY FIRM CHIEFS, #AB87-322 Dave Hiestand, Personnel Director, noted that the ordinance had been corrected as directed as a part of first reading. #1765 #1805 M/S/C(Overson/Crutcher) to approve Ordinance #4135, on second reading, establishing the compensation and benefits of Fire Department Deputy Chiefs and identifying them as exempt employees under Section 541.201 6f the Fair Labor Standards Act (29 C.F.R.) Vote: In Favor: Oppose: Colvin, Collins, Horning, Waibel, Crutcher, Dawkins, Overson Johnson ?E - ORDINANCE #4136 (SECOND READING) AUTHORIZING THE ISSUA}ICE OF A 1.5 MILLION TAX ANTICIPATION NOTE, #AB87-323 M/S/C/U(Johnson/Waibel) to approve Ordinance #4138, on second reading, authorizing the issuance of tax anticipation notes for the purpose of paying City expenses pending the receipt of general City taxes; creating a note redemption fund; and providing for the sale of those notes to Prudential-Bache Securities Inc., of Seattle, Washington. ~1844 Council President Horninc. stepped do~-m due to a possible conflict of interest under Item 7F, with Vice President Waibel taking the President's chair. 7F - ORDINANCE #4137 (SECOND READING) REZONE R-1 TO B-2 (FILE RZ-3-87) APPLICANT: HOME BUILDERS ASSOCIATION OF KITSAP COUNTY, #AB87-324 = M/S/C/U(Crutcher/Dawkins) to approve Ordinance #4137, on second reading, amending the use and area maps of Ordinance 1792 upon application of fezone from R-I to B-2 and subject TAPE #505 City Council Reg. Mtg. Minutes December 9, 1987 Page 6 of 6 to various requirements and other applicable laws and regulations. (Home Builders Association of Kitsap County.) With no further business meeting adjourned at 6:32 p.m. KATHLEEN L. MCCLUSKEY, CITY CLERK APPROV NCER HORNING, President rto KLM/SH/me ccs: Normal Distribution File/Vault