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HomeMy WebLinkAbout12/17/86 TAPE #410 UNAPPI~rgEDDRAF~ December 17, 1986 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 17, 1986, at 5:30 p.m. with Council President Spencer Homing presiding. Council Members present were Lon '.~J"~ Overson, Morrie Dawkins, Marry Crutcher, Hank Waibel, ~"~'~c~/C "Ti ny" Collins, Mary Lou Long, A1 Co lvin and Russ Johnson. ~j~,~)~ Aisc present were Acting City Attorney Lorna Corrigan and ~ City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by President Homing with Police Pastor Clinton Adams giving the Invocation. CONSENT AGENDA Item #A - Minutes of December 10, 1986, #A886-463, with an Vote Addendum (Pg. 4, #0126) Ambulance Rate In- crease; VOTE: In favor: Overson, Dawkins, Crutcher, Waibel, Collins, Colvin, Johnson & Horning Opposed: Long & #0063 · M/S/C/U/(Waibel/Collins) to approve the Minutes, as circula- ted and amended. 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. #0093 · M/S/C/U/(Coivin/Dawkins) on December 17, 1986, the Council does approve for payment those vouchers included and further described as follows; Regular Warrants, #26945 - #27078 in the total amount of $265,338.72 and Gross Payroll Vouchers in the total amount of $291,149.20. COUNCIL MEMBER REPORTS Mr. A1 Colvin along with Council Member Marry Crutcher attended the Rosary for former Block Grant Coordinator, Joe Fabre', held Tuesday evening. He noted that Mr. Fabre's mother has been an associate for over 25 years. Mr. Oolvin commended Spencer Horning for the fine job he has done as Council President and stated he will support Mr. Johnson for 1987 President. Since he will be absent the next two meetings, he wished all a Happy Holiday. Mrs. Long stated she (1) received an information item from Ms. Sam Henderson regarding the Coastal Waters "Alignment of Planets" which will affect the tides should a storm occur simultaneously. This was in the form of a warning for those who live on iow-bank salt waterfront; (2) took a tour, sponsored by Puget Sound Sub-Regional Council/Transporation Committee, reviewing traffic problems and congestion in the Western Regional area of Seattle. The Transportation Committee is discussing new funding for the State Ferry system. Mr. Collins thanked colleagues, staff and citizens for their cooperation, guidance and efforts in the first year of a new Council. He expressed concern that the attitude infusion seems to be "we always did it that way". Re was encouraged to see Council take a stance, making some TAPE #4la City Co~ il Reg. Mtg. Minutes December 17, 1986 Page 2 of 8 difficult decisions that may ultimately force changes in Labor contracts or whatever it takes to make the necessary compromises to get the job done with the revenue available. He criticized former elected officials for not taking advantage of proper utilization of Revenue Sharing and instead of using for salaries and wages, Capital improvements/purchases would not have the Gity in a position that all Police vehicles are wearing out simultaneously. He continued his analysis stating that the "citizen" will need to start looking at ways to be more self-sufficient as the Gity cannot fix all the ills in the Gity without the revenue sources. He noted that it has been over 9 years since an new L.I.D. has occurred within the Gity limits. Mr. Overson noted that he is a member of Sub-area Regional Transportation Committee and transportation plans affecting the City will be presented sometime in the next year. Mr. Dawkins reported that the "Express" Passenger Ferry is now back in service and will continue to be monitored as to it's usage. Mr. Crutcher reflected on his long-time association with Mr. Joe Fabre' and stated they were associates prior to Mr. Crutcher employment with the Gity. He ulogized Mr. Fabre' as an individual who took credit for nothing but was a very involved individual and Mr. Crutcher felt the Gity was fortunate to have his time and dedication. Mr. Waibel reported touring the new County Jail last Saturday before it's occupation. Mr. Homing spoke of the Memorial, held this afternoon for Mr. Fabre'. He noted the City was represented by himself, Mayor Lobe, Don Pratt, Planning Director and many City staff. He stated the Mayor spoke on behalf of the City and stated through the service, a message came out how important the Gity of Bremerton was to "Joe". Mr. Fabre's association with the City was a very important part of hfs life and he was a special person and will be missed by the City. PUBLIC RECOGNITION Mr. Larry Merchant, Executive Director/Mainstreet, reported about (1) the lack of utilization of resources within the City; (2) The Bayview Inn is hosting an entrepreuner event with 35-37 exhibits. This will include several workshops for the business community and Mr. Joe Hail, Dean of Business - Seattle Pacific College, keynote speaker. (3) He announced that the Awning facades, originally introduced downtown by Mr. Fabre', and progress was halted, are going to begin to be installed once again which is a fitting tribute to Mr. Fabre's idea. Mr. Roy McInnis, 2711 Maple, responded favorably to Mr. Collins' comments about citizens helping themselves. He agreed that the City cannot continue increasing taxes as a solution and will support this program. He commended the City Council as doing a fine job in their first year. Mrs. Ruth Davie, 1511 Park Avenue, (1) criticized the $10,000 being spent on remodeling the Council Chambers for the Public Access Channel stating it would be less costly to utilize a "time base corrector"; (2) Took exception to Mr. Collins' remarks and it was her opinion that the City could have accomplished many things since 1950, if it had utilized the resources for funding. (3) Complained about the lack of resolution to the sewer leakage, breaks and damage done at her residence and the street in front of her home. She is TAPE #4~ City Cotmcil Reg. Mtg. Minutes December 17, 1986 Page 3 of 8 concerned about the raw sewage under the street on Park Avenue and the health hazards the citizens are exposed to that should have been corrected by now. Mr. E.L.Sturdivant, 2132 Halvorson, (1) Budget - concurred with the decision not to raise the B & O tax because if more money is available it is easy to spend and felt the City must be competitive with the county as far as attracting new business. (2) He criticized comments made regarding money spent on the Parks Bond Issue. He stated thousands of dollars, used to support the Levy issue were donated by approximately 50 individuals with ?O individuals who "volunteered" their time because they thought the effort was worth the dedication. He stated he is tired of hearing "this is not the time" which citizens have been saying for the past 40 years. (3) Asked that the Council give serious consideration to no parking fines or a system, whereby when Christmas Shoppers are downtown, they are encouraged to return. He noted that the Parking-regulators were out Saturday while he was in town doing a great job of "super ticket writing" which will only discourage those that do come downtown to discontinue doing so. (4) Commended Mr. Horninq for the outstanding job he has done as President this year and suggestion the Council would do well in retaining him for another year as President. He felt it was important to groom the Vice-President to assume the Presidency in insuing years. E~EOUTIVE SESSION - APPOINTMENT/GONFII~4ATION - CITY ATTORNEY #AB86-467 Meeting contined at 6:18 p.m. - Executive Session in Council Conference Room with full Council and Mr. Ian Sievers, recommended Mayoral Appointee for the position of City Attorney. 6:45 p.m. reconvened regular meeting in Council Chambers. Mayor Lobe introduced Mr. Sievers with Council asking several questions. #3034 · M/S/C/U/(Waibel/Collins) to confirm the Mayor's recommenda- tion of Mr. Ian Sievers to the position of City Attorney. ~O~)O~NATIONWIDE GABLE T.V. REQUEST TO TRANSFER FRANCHISE TO TGI GABLEVISION - ORDINANCE (FIRST READING}~ ~AB86-464 Mr. Dan Crocker, Manager/Nationwide Cable, was present to request the transfer approval. He explained the reorganization of the parent company to Nationwide and TGI Gablevision of Washington and he noted that there will be no change in management, etc. This will also enable the local company to use local vendors instead of buying through the parent company. Mr. Lon Hurd, 3-H Gable Communications, and the City's Consultant for Gable problems, gave more of a background of Tele-Gommunications, Inc. and stated that with past acquistions have become the largest cable operator in the United States with over five million subscribers. Mr. Hurd stated the ordinance is more a housekeeping measure and the transfer of the franchise will enable TGI to be able to comply with the franchise. Mr. Greq McClellan, Chairman/Cable Advisory Board, recommended and encourage Council's support of this request. He noted that no channel movement is planned at this time, however in the future, should TGI want to make channel adjustments, Council should require that come before Council in a Public Hearing format. Mr. Roy McInnis, 2711 Maple, stated he is not opposed to the transfer but requested that the City keep an eye on the operation, under new company direction. TAPE #41~ City Cou~ A1 Reg. Mtg. Minutes December 17, 1986 Page 4 of 8 TAPE #411 Mr. Dawkins was concerned that the City is spending $10,000 to remodel the Council Chambers for Cable ready access. Mr. Johnson, asked if the transfer is approved, can the City get the Cable company to commit to keeping the lower 13 channels at presently assigned spots with Mr. Crocker stating any future alignment of channels will be done after a 90-day notice to the City and proper notification to the customers is done. Mrs. Long asked if the City would have any influence over TCI with Ms. Corrigan, City Attorney, noting that she would need to review the total master franchise, but there should not be any changes of procedures from Nationwide. Mr. Hurd stated that the master ordinance will not help as it restricts the City from dictating programs on all channels except the public access channel. #0224 · M/S/C/(Johnson/Colvin) to approve an Ordinance, first read- ing consenting to assignment of franchise from Nation Wide Cablevision, Inc., to TCI Cablevision of Washington, Inc. and amending Ordinance No. 39?§ to reflect that assignment. VOTE: In favor: Overson, Crutcher, Waibel, Collins, Long, Colvin, Johnson & Homing Opposed: . Dawkins Motion PASSED (8-1) CONTRACT BETWEEN 3-H CABLE COMMUNICATIONS CONSULTANTS (REQUEST FOR RENEWAL), #AB86-465 The City contracted with 3-H Cable Consultants in late 1985 and 1986 to perform the functions indicated in the contract, provided Council in their packets, associated with the new Cable T.V. Franchises. To date their services have been used extensively in the area of the customer complaints, monitoring franchise for compliance, review of revenue, assisting the Cable Advisory committee in development of Operating Policies and Procedures. Funds are included in the 1987 Budget for this contract renewal. The fee is 15~ of gross franchise fees, which will be approximately $15,000 in 1987. The contract would commence January 1 through December 31, 1987. Mr. Hurd, Vice-President/3-H Cable Communications, concluded his summary stating there were approximately 200 complaints during 1986 which is down from over 300 in 1985. The City received approximately $100,000 each year in franchise fees and his firm get 15~ of the gross receipts. At the beginning of the Contract, 3-H cable worked diligently in assisting the City in the new franchise agreements which, as a consultant, can see that these franchises and cable companies are in compliance. Ms. McCluskey added that there is no one in the Clerk's staff, knowledgable on the franchise or staff time to adequately take care of the follow-up once a complaint is received. We need only refer the complainant to 3-H Cable and problems are resolved. Mr. Nurd added the major complaints are regarding billing errors and lack of ability to get through because of busy phones. Mr. Overson felt the Cable companies should be taking care of their own problems and that this is a duplication of efforts. Ms. Corrigan responded in support of the continuance of the contract, stating the consultants have assisted the Attorney's offices in matters relating to enforcement. Mr. Horninq asked if the Consultant's would be available on an hourly basis with Mr. Hurd responding yes. He stated he could concievably work himself out of a job with the City because, under new management, Nationwide Cable has made many improvements. Mr. Johnson also supported renewal of the contract specifically because of unresolved problems with Olympic Cable who recently transfer their operation to a new owner. He continued that to deny approval of the contract at this time was untimely. Mr. TAPE #411 City Cou 1 Reg. Mtg. Minutes December 17, 1986 Page 5 of 8 Overson did not agree, stating the City's function is to provide services and when we are in a position of severely cutting Police and Fire this year how can the City justify spending $15,000 for T.V. services/complaints for private firms. Mr. Waibel stated the City still receives $85,000, after consultant is paid, from franchise fees. #0986 · M/S/C/(Waibel/Johnson) to approve contract renewal with 3-H Cable for the period commencing January 1, 1987 to December 31, 1987. VOTE: In favor: Crutcher, Waibel, Collins, Long, Colvin, Johnson & Horning Opposed: Overson & Dawkins Motion PASSED. ENDORSEI~F~T OF KCAP USE OF CO~4UNITY SERVICES BLOCK GRANT FUNDS, ~AB86-466 The Department of Community Development requires that KCAP obtain endorsements from local governments for use of Community Services Block Grant Funds. Mr. Larry Eyer, Executive Director/KCAP, stated there were two endorsements before Council. The first is the existing services provided the community such as Medical Referral. The second is a new service which will include "Dental" Referral which KGAP has found is a necessary service. KGAP receives 5-10 calls each week for Dental services. Mr. Collins was not familiar with services provided. Mr. Crutcher requested Council to review their packets as the information is provided. It was noted that Council did not receive a copy of the second endorsement, therefore Mr. Eyer was asked to read it for the record (on file in the Clerk's office). Mr. Crutcher and Mr. Dawkins are the City representatives to KCAP. Mrs. Long attended a KGAP meeting early this year and felt the services performed are viable for the community meeting the needs of those utilizing the services. #1199 · M/S/C/U/(Waibel/Colvin) to approve granting endorsements for KCAP for use of Community Services Block Grant Funds, Medical Referral $165,491 and Dental Referral, $17,545 to start the program. VOLUNTEER COUNCIL~IEN, $AB86-468 Mr. Dawkins presented Council a proposal to have Council seated as Volunteers without pay for 1987. If the State law does not allow this and requires a salay, it will be set at $1.00 a year. Bremerton's budget shortages have not been addressed. The elimination of Council salary would save $54,000. The money saved would hire back 3 firemen or policemen or any combination. A Council person not willing to sit could be replaced by a volunteer from his or her district. Mr. Dawkins added he proposed this agenda item out of frustration and maybe it was inappropriate, but he felt without support to raise the B & 0 Tax, this is an alternative. A letter was received from Mr. Andrew Parypa, 1122 Hayward Avenue, who criticized Mr. Homing for indicating unpaid Council would not draw "quality" people, however 5 members of Council the previous week indicated by their vote that "volunteer" Police and Fire is okay. Mr. Parypa felt there is mixed messages. All Council members, excluding Mr. Dawkins, were opposed to this proposal. Ms. Ruth Davie 1511 Park Avenue, thought it is not a bad idea. Mr. Joe Hatfield, Acting Police Chief, took exception TAPE #411 City Co~ .il Reg. Mtg. Minutes December 17, 1986 Page 6 of 8 to comments in the newspaper article stating Council thinks it is okay to have volunteer Police and Fire but not Council. Ms. Davie said she felt that quality and dollars spent do not go hand-in-hand. Mr. Collins felt hours he worked this past year (1,800) were worth the small consideration and annaul salary of a Council Member which is $6,000. Mr. Overson figured Fire & Police personnel cost approximately $30,000+ therefore the savings realized by this proposal would not replace 3 emergency services people. Ms. Lonq does not feel the proposal would work and would not support. Mr. Colvin concurred. Mr. Waibel felt the proposal was "not worthy of comment" Mr. Homing expressed distress at the name calling and felt if he ever thought he was not doing a good 3ob, he would have the intelligence to resign his position. He stated public appearances, misc. travelling expenses, not reimbursable, dinners and functions elected officials attend cost in excess of the amount received for an Annual salary. Mr. Crutcher agreed and stated he uses his vacation from his job for many City functions and meetings and further had to decline a promotion because of his elected responsibilities. Ms. Lonq added there were more suitable ways to save the money such as have the City Council, Mayor and Department Heads take an equal percentage reduction, across-the-board. #2222 · M/S/FAILED/(Dawkins/Colvin) to have a volunteer (no salary) City Council for the year 1987 in an attempt to save $54,000 which would be designated to police and fire budgets. VOTE: In favor: Dawkins Opposed: Overson, Crutcher, Waibel, Collins, Long, Colvin, Johnson & Homing ~ Motion FAILED. Recessed from 8:15 p.m. - 8:30 p.m. SURPLUS REQUEST AND DISPOSAL AUTHORIZATION BROWNSVILLE WELL SITE, ~AB86-469 On January 30, 1985, City Council authorized sale of the Brownsville well property to North Perry Water District (AB85-056) by intergovernmental agreement. Prior to transfer of title, the City was advised by Counsel for North Perry Water District that they were unable to obtain Protective Covenants for the water source on the property, thereby setting aside the intergovernmental agreement. The action taken by City Council (1/30/85) provided for disposal by intergovernmental agreement only and did not include other means of sale. Subsequently, the Water department, Administrative Policy 1-6, submitted application to the Planning Commission to consider the property excess to the City's needs. At it's Hearing on February 18, 1986, the Planning Commission voted unanimously in favor of surplusing the one acre site. Purchasing Agent, Gil Johnson, recommended surplusing in the best interests of the City and selling at the appraised value. Mr. Bill Duffy, Water Utility Superintendent, said the last assessed valuation was done in 1982 with worth established at $17,000 which may be more now. Since the purchaser has declined the City's proposal it will probably be wise to have reappraised if Council chooses to surplus again. Mr. Duffy stated it is a shallow well, pumping approximately 250 gallons per minute but it is not feasible for the City to build a pipeline 2-3 miles into the City therefore of no need to the Utility. Mr. Dawkins noted that the Sheridan Park Neighborhood wanted for a Park but the County did not want additional Park property. Ms. Lon~ asked about rights to ownership with Ms. Corriqan stating there was no right to continued usage and the City would not earn rights to her TAPE #41~ City Cou .1 Reg. Mtg. Minutes December 17, 1986 Page 7 of 8 knowledge. #2251 · M/S/G/U/(Dawkins/Grutcher) that the Brownsville Well Proper- ty, owned by the Bremerton Water Utility, be declared surplus, advertised and sold for an amount not less than the appraised value in accordance with City of Bremerton Administrative Policy and Procedure 1-6. ASSIGNMENT OF ANTENNA SITE LEASE - FEEKS BUSINESS COt~4UNICATIONSt #AB86-470 The City entered into a 6 year lease with Feeks for Antenna Space at 30th & Olympus. Due to liquidation, Feeks Business Communications, Inc. asked that the lease be transferred to the new owner Feeks Network, Inc. As this lease did not have the standard C.P.I. clause, we would suggest the following be added as a condition of transfer: The rental amount shall be adjusted in February of each year based upon the December Consumer Price Index for All Urban Consumers. Ms. Corrigan, City Attorney, felt verbiage should be added, signature page, to read..."upon said assignment Lessor"... (Line 4, before "and hereby". #2344 · M/S/C/(Johnson/Colvin) to approve assignment from Feeks Business Communications, Inc. to Feeks Network, Inc., subject to the City Attorney recommendation (consent of Lessor change) and GPI Clause. VOTE: In favor: Overson, Dawkins, Grutcher, Waibel, Collins, Golvin, Johnson & Homing Abstain: Long PERSONAL SERVICES CONTRACT - NS. BRENDA K. P~WMEIER (CITY ATTORNEY'S OFFICE)t ~AB86-&?l Mr. Dave Hiestand, Personnel Director, stated Ms. Pahmeier is a recent graduate, Magna Gum Laude from the University of Washington. She is filling the position vacated by Ms. Corrigan (Attorney II) when Ms. Corrigan promoted to the Attorney I position. The contract is again, retro-active back to September 22, 1986, because of uncertainties in the FY87 Budget. Further with a new City Attorney due to start in January, other changes may be pending. #2416 · M/S/C/U/(Overson/Colvin) to approve entering into a Personal Services Contract between the City of Bremerton and Ms. Brenda Pahmeier, Attorney II. ORDINANCE #4091 (SECOND RR~DING) COMBINING WATER RELATED FUNDS INTO THE WATER FUND AND WASTEWATER RELATED FUNDS INTO AND CREATING THE WASTEWATER FUND~ ~AB86-4§1 Mrs. Lon~ was totally opposed to the passage of this Ordinance #4091 and expressed concern that storm sewers are not addressed and money will not be set aside to fund this needed correct/on and read a letter into the record. Ms. McCluskey stated this could be easily be addressed by drafting another ordinance. Mr. Waibel stated further amendments may force this draft to be before Council again which he opposed. #3034 · M/S/C/(Waible/Collins) to pass Ordinance #4091, repealing Ordinance No. 2291, 3839, 385?, and amending Ordinance No. 3489 and 3836, combining the several water related funds within the Water Fund and combining the several wastewater related funds within and creating the Wastewater Fund. VOTE: In favor: Overson, Dawkins, Crutcher, Waibel, Collins, Colvin, Johnson G Homing Opposed: Long Motion PASSED, (8-1) ORDINANCE #4092 (SECOND READING} APPROVING AND ADOPTING THE FINANCIAL BUDGET FYS?~ IN ACCORDANCE WITH RCW 35.33.0?5 TAPE #4]': City Co~ ~1 Reg. Mtg. Minutes December 17, 1986 Page 8 of 8 Total Revenue is $2,585,330 and $2.9589 levy per $1,000. Mayor Lobe made one last appeal to Council to reconsider raising the B & 0 Tax to fund Police & Fire at current levels. Mr. Crutcher commended an excellent staff but agreed that the City must take a creative position to correct the financial picture in future years. Mr. Dawkins requested the opportunity to amend the ordinance to include raising the B R O Tax and Ms. McCluske¥ cautioned again, that any major changes would need to come before Council for a second, second reading. TAPE #412 #0099 · M/A/S/FAILED(Dawkins/Long) to amend Ordinance #4092 to raise the Business a Occupation Tax to .02 of ! Percent (maximum allowable). VOTE: In favor: Dawkins a Colvin Opposed: Overson, Crutcher, Naibel, Collins, Long, Johnson & Homing ~ Motion FAILED for lack of majority. #0201 · M/S/C/(Johnson/Colvin) to pass Ordinance #4092, Second Read- ing, approving and adopting the financial budget for the several funds of the City of Bremerton for the Fiscal year 1987, and appropriating the amounts set forth in each budget to each fund in accordance with RCW 35.33.075. VOTE: In favor: Overson, Crutcher, Waibei, Collins, Colvin, Johnson & Homing Opposed: Dawkins, Long Motion PASSED. With no further business, meeting adjourned at 9:15 p.m. KATHLEEN L. MCCLUSKEY, City Clerk Sis ER HORNI~ Counc 1 President Ci~]of Bremer~n ~ KLM:SH/cjs cc: Normal Distribution File/Vault