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HomeMy WebLinkAbout09/19/84TA~E ~177 UNAPPROV~]D DRAFT #0093 (cont.) 0194 )267 D287 )384 CITY OOUNCIL MEETING M/NUTES September 19, 1984 The regular meeting of the City Council of the City of Bremerton, Washing- ton, was held in the City Council Chambers, 239 Fourth Street, Bremerton, Washington, Wednesday, Septenber 19, 1984, at 5:30 p.m. with Council Presi- dent Art Anderson presiding. Present were Councilmen Sturdivant, Horning, Pachek, Drouin, Amo, Adrian & Johnson. Also present were Mayor Dawkins, City Attorney Broughton and City Clerk McCluskey. Councilman Mosely abet. The meeting was opened with the Pledge of Allegiance, led by Kent Anderson who has attained the rank of Eagle Scout, and invocation given by Councilman Amo. Councilman Sturdivant introduced Kent Anderson after the ceremony. CC~S~qT AGENDA City Clerk Kathleen McCluskey presented the Consent ~rgenda to include minutes of the Septenber 12, 1984, r~eting with the amendment, pg. 5, para. 4, change non-union to "Non-Uniform"; #AB84-464; Council President noted that iteTa #8-A, #AB84-466 is pulled and iten #9-B; #AB84-471 mo~ed to the Consent Agenda as item #2-C. Clerk presented #2-C as an Ease~_nt NAD Park So. of SR-3 which is a request fro the Navy to Quit Claim their interest to the City as they have no longer a need for the access. Council President stated that the Council would like to deal with item #2-B, Cable T.V. as a separate item. · M/S/C/U/(Drouin/Sturdivant) to approve the Consent ~genda, items #A as amended and #C. Ms. McCluskey presented a request frcm Cable Ccmmmications C~n~ittee, ccmprised of Councilmen Adrian & Johnson, Bill Broughton, Court Prisk and Ms. McCluskey, who have met regt~arly to develop the RFP an~ Proposed ordinances for Cable T.V. Representatives frcm various businesses, Social Services agencies and individuals were contacted by our cxmsultents, 3-H Cable Cum~unications, drafting a schedule to include Advertising~ week of 9/24 & 10/1/84; Closing Date, 12/3/84; ara Negotiations and refranchising after the week~of 1/1/85. She stated Counci3 will have opportunity to review ~11 proposals andsseveral ordinances will cc~B before Council prior to final acceptance. The cc~nittee has reccm~ended that the Council approve proceeding with request for proposals. Councilman Johnson requested, with the concurrence of the City Auditor, that Operatic~al and Financial Audits be perfo~ annually by a Certified Auditor, at the expense of the Cable Consultants. M/S/C/U/(Johnson/Pachek) to approve proceeding with request for proposals for Cable operations and that Operaticrml and Financial audits be scheduled annually and performed by a Certified Auditor. CIAIMS/~ REGIbT~, #AB84-465 City Clerk McCluskey presented special warrants in the amount of $11,953.83, #6123 - #6128, as audited ar~ certified by Darlene Herrmann as required by RCW 42.24.090 and recorded on listings made available to the City Council. M/S/C/U/(Adrian/Drouin) to approve Claims and Warrants Register as submitted. MAYOR ' S REPORT Ms. McCluskey read a Procle~nation, presented by Mayor Dawkins, recognizing September 20 , 1984 as Kent Anderson Day. It was noted that Mr. Anderson will be aw-drded the highest rank of Eagle Scout on Thursday, September 20, 1984. Councilman Drouin criticized the Mayor for transmitting a letter to Ms. McCluskey appointing her to the position of Director of Administrative Services prior to the Ordinance being passed by City Council. C/TY ATTO~VEY'S REPO~ City Attorney Bill Broughton advised Council that he has been interviewing possible candidates to fill the existing position left in his staff when IaAnn Tift recently took another job in Kent. He said he was please with the talents of individuals applying for the position and introduced to Council Ms. Jane Ryan Coler, who has both County and Municipal experience and will be an asset to the City of Bremerton. PUBLIC R[ECGNITICN - 5:45 p.m. Mr. Pete Fiynn, Municipal AwBreness Cc~mittee Cb~i vman~on Chamber of Cc~merce, reminded Councilmen of the "Townhall" meeting, scheduled for September City Council Reg. Mtg. Minutes Sept~r 19, 1984 Page 2 of 6 25, 1984, and encouraged Council to bepresent to hear what the people have to say. He also reiterated the position of the Chamber membership regarding their opposition to the Business & Occupation Tax ordinance and ~Duld hope the Councilwould sit d~n and discusswith the Chamber Board. Ms. Walterine Taylor, 2708 Calls Drive, cc~mended the Mayor for admitting his mistake regarding the appointment of Director of Administrative Services prior to Council approval of t/~ ordinance. Ms. Lena Swanson, 2123 Synder, asked why citizens do not have a choice of Cable T.V. hook-up. Only one ccmpany available in her area. Councilman Johnson addressed the question stating that the fee controls regulations of Cable television. Ma. Swanson asked if Public has right to Consent Agenda itens input. Councilman Anderson stated Consent Agenda items are voted as one package but public input is allowed. Ms. Swanson questioned whether City Council was overstepping it's bounds on administrative issues and she was directed by Council President Anderson to please put questions in writing and that Public Recognition was not for the purpose of open debate. She questioned that Council was having gloyees work at their direction and was unable to offer specifics because e~ployees may ccme under fire. Mr. Herb Effron, 5827 Lenea Dr. N.W., felt the Council has been unresp~nsive to the businessmen of the cc~munity and citizens using the B & O Tax ordinance as an example. He said his letters have not been responded to and phone calls not returned which gives the appearance of a "don't care" attitude. Mr. Effron said the tax was raised to acccmodate Capital Improvenents. It was stated that the city cannot keep the intent but with the new ordinance mandates that $100,000 annually will be earmarked for Capital Improvements which w~ll correct problems and that the increased B & 0 tax is still less than many Class A cities in c~nparison. Councilman Drouin stated no one spoke in c~position, after the the ordinance was advertised, and that the previous increase has been used for Capital Improvements. Mr. Pete Flynn, stated the doller~ in increased cost dis not the issue. It was the way it was handled. He feels Council lacks cc~munication with the business public. c COUNCIL ME~f~RS REPORTS Councilman Johnson asked for a forrealization of Council Cc~mittee reports vs Council menbets reports. Councilman Amo spoke in defense of the City Council saying all letters and tele- phone messages are responded to in a timely manner. , .... -Maye~~-. He reninded Council that' the Wastewater Ccnmittee will meet at 9:30 a.m. in Council Conference rock, September 20, 1984. Councilman Pachek stated he was invited to the hcme of a senior citizen in his district who wanted to cc~pliment the Council on it's record and the many deci- sions facing the cxmlm/nity. Councilman Horn.~ noted that the Planning Cc~mittee is scheduled to meet at 7:30 a.m., Sinclair's Restaurant, Tuesday September 25, 1984. ORDINANCE (FIRST READING) CONFIDENTIAL EXECUTIVE SIDCRETARY; #AB84-467 MS. McCluskey read an ordinance, first reading, to eastablish the hxm~ensation and benefits of Confidential Executive Secretaries, effective July 1, 1984. Personnel Director Dave Hiestand stated that the first paragraph deals with change of titles with benefits remaj_n/ng the same as benefit packages the Union e~ployees have established. He also noted that Council requested that longevity be deleted frcm the ordinance. He said secretaries affected had requested that the benefit package be tailored by Union contract, agreeing to the ordinance. Ms. MaryEllen Babbitt, Non-Uniform E~ployees Shop Stew-ard, i/~f~e issue of seniority should not be taken back to the Civil Service O3~nission for a ruling with City Attorney Broughton stating they would not need to refer beck to the Cc~mission. Councilman Adrian understood that salaries, etc. could not be changed without a change in the Ordinance with the Attorney agreeing. Councilman Johnson questioned whether the time served as a Confidential Secretary could be credited wh~ returned to Civil Service eligible with Ms. Babbitt wanting clarification. She felt only those who held Civil Service status prior to being transferred into a confidential position would he eligible for credit, not an individual hired in off the street Councilmen were divided on thF ~terpretation. Ms. ~hhitt City CouncilReg. ~tg. Minutes September 19, 19[ Page 3 of 6 2050 2189 2645 · 'APE #178 0127 · again asked if the status should not be addressed by the Civil Service Cc~mission with City Attorney Brough~c~l agreeing that it should, if they are returned to Civil Service Status. Ms. Lena Swanson expressed cone that the ordinance is addressing certain people, not positic~s. M/S/(Johnson/Pachek) to approve Ord/nance, first reading, establishing the cxm[eneation and benefits of Confidential Executive Secretaries with the following amendments; (1) that the Mayor's secretary be spelled out with the current longevity; (2) secretarial time spent in longevity be credited when reversed beck to regular Civil Service status, and (3) delete added language, "including longevity". Councilman Homing questioned what is longevity going to be based on. Is it the intent to based on current salary or to feestablish a base. Councilman Adrian and City Attorney expressed cone that the ordinance may be in conflict with Civil Service. Counci/man Anderson stated those working for Civil Service should be protected and tt~se frcm outside should have Civil Service permission. Councilman Amo requested that the Council refer the ordinance beck to the City Attorney and vote against because of too much unclarity. VOTE: In favor; Pachek, Johnson & Anderson Opposed; Homing, Sturdiv~nt, Amo, Drouin & Adrian Motion FAIIRn for lack of majority. M/S/C/(Adrian/Homing) to table the ordinance, for one week. VOTE: In favor; Sturdivant, Homing, Pachek, Anderson, Drouin, Amo & Adrian Opposed; Johnson O~DINANCE #3942, P~OVIDING FC~ INCREASE IN LEVY LID FC~ PAR~MEDIC SERVICES~ #AB84-456 Ms. McCluskey subnitted a request', secc~d reading, providing for an increase in levy lid for paramedic services. This o~ will provide for additicca] funds to offset the costs of the program and eaq3ansion by increasing the rate of tax levy approved by the voters in 1980 frcm $.18 7/10 to 25¢ per $1,000.00 assessed value of real and persc~al property located within t/~ City. M/S/C/U/(Drouin/Sturdivant) to approve Ordinance #3942, sec3nd reading, relating to the authorization to raise the rate of taxation of the [~ergency Medical Care and Treatment Tax Levy approved by the voters in 1980 to Twenty-Five Cents ($.25) per One Thousand Dollars ($1,000.00) on the assessed value of real and personal property for the remaining two years of the levy for the continuation and improvemint of the Brenerton Peramedic Medical Services Prcgran. ORD~qANCE (FIRST READING) AM~3ING ORDINANCE #3727 TO DEEREASE THE RATE C[ TAX- ATICN TO SIX PERC~qT I(6%) CN AN INCRBM~T~ BASIS, #AB84-468 Ms. McCluskey red into the becord a request from the Treasurer' s office to establish an ordinance, first reading, amending Ordinance #3727 to decrease the rate of taxation for telephone and electric light and power ccmpanies to the State rate of six percent. This decrease in rate is scheduled in gradual incre- melts over a period of time not to exceed ten years. , Leo O/hey, City Treasurer, noted that in 1982 the State limited to 6% of gross cities could tax certain utilities with cities allowed 5 years to ramp their rates down. In 1983 the Legislature amended the 1982 Revenue Reform Act, allow- ing a period not to exceed 10 years. He said by amending Ordinance #3727 it would allow the City several years to ramp down and additional revenues of approximately $17,000.00 per year into the General Fund. He recc~Taended Council approval. Scme Councilmen expressed concern that this would be a tax increase if Council approved the extension of t/me. M/S/CAdrian/Amo) to approve ordinance, first reading, amending Ordinance No. 3727 to decrease the rate of taxation to six percent on an incremental basis. Councilman Homing felt it was a tax increase and was in favor of continuing the 5 year ramp down and weuld oppose the ordinance. Councilman Andersm felt Utilities cannot go for a rate change without going to the State therefore he would support it. Ms. Lena Swanson felt there is a conflict of interest by menbers voting with City Attorney Broughton noting that a conflict of interest is only when the issue would affect those voting by $300 - 400.00 per month. Mr. Olney said the decrease would be in terms of cents, monthly. Councilman Homing asked Mr. Olney to be specific with the Treasurer figuring .05¢ - .20¢ per month. City Council Peg. Mtg. Minutes September 19, 1984 Page 4 of 6 0270 1300 1960 ~2286 VOTE: In favor; A/]rian, Anderson, APao & Johnson Opposed; Sturdivant, Homing, Pachek & DroLLin Motion FAILED for lack of majority. RESOLUTION #2041, V~4ICLE USE POLICY, #AB84-385 City Clerk McCluskey presented for Council consideration, Resolution #2041, and Aaministrative Vehicle Use Polic%'. The Resolution will provide an accountable and flexible method of insuring that City vehicles are used properly for the benefit of the City. City Attorney addressed Fire Chief Marks' concerns and his opinion was that the Fire Depa~bcent has exclusion because the Fire Chief "shall have inmediate con- trol and manageT~nt of all fire engines and fire apparatus belonging to the City" as stated in the City Charter. To include the Fire department would mean a change to the City Charter first and he checked his information with Municipal Research. Chief Marks stated he will follow the spirit of intent of the proposed Policy but is mandated by City Charter. Mayor Dawkins expressed cc~cern that the Council, not the Mayor, must approve any deviation of the policy (iten #2, page #3). The Mayor felt that he would hate to see the Fire department demanding stand-by pay without access to vehicles. Councilman Amo resented the fact the Fire department personnel always take personal affront every time an issue is directed to all city personnel. Ms. Lena Swanson felt this issue should not be before City Council but that the Mayor has the authority to issue policies and enforce those issued. Ms. Judith Katsirubas, City Auditor, noted Resolution is in error, page 1, para. 6; The Council can request not "require" that the Audi- tor must perform,as the auditing function is controlled by tt~ Audit Cc~mittee and she works for and is directed by that Cc~mittee. Councilman Drouin stated many of the problems the present administration is faced with are due to previous administrations granting a vehicle as part of a verbal agreenent when certain e~ployees were hired. Councilman Adrian felt the policy should be drafted in the form of a Resolution vs an ordinance because if it needs changes in future nDnths or is not applicable it is less a problen. Councilman Anderson said we could make slight changes h~ver other Councilmen agreed that it would not be the Mayor' s policy. Councilman Johnson ccemente~. that the Municipal Research stated that they thought it was the finest vehicle use policy they had seen prior to the changes, but did not feel it would pass. It was suggested the Policy be returned to the Ccmmtittee for further study with Councilman Sturdivant objecting stating he had nothing more to offer. Many hours had been spent in committee and felt many changes have already been made to the policy . He was in favor of cmitting verbiage (Page 2, line #9)- "except as a brief stop while on City business"; the plural of Detectives, (Page 2, B-Police) to Detective; and deleting the Fire section (Page 2, B-Fire) in it's entirety, and (Page 3, Item #2) change word Mayor to "Council" approval. He said he thought the policy was flexible and would hope department heads would use it. · M/S/(Sturdivant/Drouin) to approve Resolution #2041 establishing a Vehicle Use policy with the following changes; (1) request instead of "require" auditor to perform audits; (2) deleting "except as a brief stop while on City business"; (3) deleting Fire Department entjme]y; (4) changing the word "Detectives" to the singular - "Detective", and (5) changing word "Mayor" to "Council" approval. Councilman Amo continued discussion with concern of leaving it the Mayor' s Resolu- tion or putting in Ordinance form so as not to split policies. Councilman Adrian agreed with other Councilmen that this policy should renain in Resolution form for a trial pericd. Council President Anderson asked if the Mayor would accept it as proposed with Mayor Dawkins stating yes, if left in Resolution form. VOTE: In favor; Sturdivant,Horning, Pachek, Anderson, Drouin, Adrian and Johnson Motion PASSED. SANTEARY SEWER EASEM~qTS NO. OF 18TH FRCM CHESTER TO WARPath, ~AB84-470 Ms. McCiuskey read a request, frc~n the Engineerin~ department, to approve payment in the a~ount of $1,200.00 each to three individuals (Wilkinson, Asp, & Pigado) for easements granted the City of Bre~_rton to ccnstruct a sanitary sewer No. of 18th Street from Chester to Warren Avenue. Assistant City Engineer, Dave Baker, stated this was a request merely to reimburse the three individuals for the easements already granted to the City. · M/S/C/U/(Amo/Pachek) to pay a total of $3,600.00 to purchase the following easements frc~; Wilkinson - $1,200.00, Asp - $1,200.00, and Pigado $1,200.00. City Council Peg. Mtg. Minutes Septenber 19 198 Page 5 of 6 ' 3140 ~0521 ONE-STOP PERMIT C~NTER, AB84-469 City Clerk McCluskey presented a request frem the Building Department for ccnsideration of space available at 900 Pacific Avenue which could be utilized for a "One-Stop Permit Center". The center will house the Building, Planning and Engineering departments and provide the public with one location to handle the following application processes; Application for all Construction Permits, Land-use Changes, Sewer and Water applications, plus Business Licenses. Under the current system the applicant must drive almost twenty miles to three separate locatic~s throughout the city for the same services. The square footage availa- ble is 6,300 ft. at $4.75 per foot, per month. Councilman Sturdivant felt the price was very reasonable for that amount of area, but objected to the term "One-Stc%D". Planning Director, Joe Gero, said that is cc~mon terminology given this type of local government service. He said it could be called Offices of Cum,unity Develo[ment or other suggestions Council may have. Mr. Gero stated that the Building Official went on a hypo- thetical tour to obtain information and permits taking him nearly 6 hours just to get answers and pick up forms. Mr. Gero provided Council a tentative floor plan if the Center is approved. Ms. Lena Swanscn,hoped Council ~Duld support this request. Mr. Tim Arnold, 1084 Warren, said as a local Realtor, be was pleased to see the City progress in this manner. As one who has worked with developers and construc- tion cc~panies he knc~s Bremertcn has a poor reputation for the lack of organi- zed system. He was in favor of the request. Mr. George Allen, Plumbing Ccntractor, said he has no trouble with th~ permit process as it is now available and expressed concern as to where the public and employees .will park. Mr. Gero responded that the Public is the first concern but there is 21 parking spaces available behind the building on Pleasant. He also stated he will attempt to make available five additional parking spots across the street c~ Pacific for short stops to visit the permit center. Councilman asked the length of the lease with Mr.iGero stating 5 years. Mr. Gero said the cc~tract probe~bly would include a 30 day cancellation clause. Mayor Dawkins stated the space presently housing these divisions will be free to be able to m~ve Municipal Court offices and construct a seccnd Court chamber. He cc~tinued to say that Data Processing has requested to assume the present space the Municipal Court offices use. M/S/C/U/(Pachek/Adrian) to approve entering into a lease acquiring space located at 900 Pacific Avenue for housing a "C~a-Stop Permit Center". C~DINANCE #3928 (FIRST READING) MIDYEAR ~UDGET ADJUS~I~qT, #AB84-407 Ms. McCluskey suhnitted an ordinance adjusting the 19814 Budget to recognize changes that have occurred since assembling the original Budget. Included in these adjustments are labor settlerents, additional firefighter/paramedics, an Assistant Parks Direr, increased Health Departn~nt budget, transferring of Information Services to the General Fund and other adjustments. City Treasurer recommended that Council approve to maintain the level of services for the dura- tion of 1984. City Treasurer Leo Olney said changes that have occurred since be first suhnitted the ordinance include, removal of the Administrative Assistant ~ayor's office), aPaing the Judge 's salary, 4th Street Associates Lease and One-Stop Permit Cen- ter. Councilman Adrian was concerned that to create .the position of Assistant Parks Director, the Pool position was to be eliminated. Court Prisk, Field Ser- vices Director, noted that this was finally accomplished today. Mr. ~arian asked why the delay and thought the issue should call for an Executive session. City Attorney Broughton said Council should attempt to deal with the issue with- out Executive session by dealing with problem, not personnel. Councilman Johnson expressed his continued concern about roofing repairs that need to be done. Mr. Dave PatTon, Support Services Supervisor assured Councilman Johnson that as soon as bids are received the work will be scheduled as the mc~ey is still availa- ble. Cnuncilman Sturdivant thought an adjustment of $365,000.00 was a lot of money not planned by proper budgeting. He was remina~d by fellow Councilmen and Treasurer Olney that no salary increases were included in the finalized 1985 budget which accounts for much of the increase that is being adjusted. M/S/C/(Amo/Adrian) to approve Ordinance, first reading, an Ord/nance amending Ordinance No. 3882, relating to the financial budget for the fiscal year 1984. VOTE: In favor; Homing, Pachek, Anderson, Amo, ~rlrian, Drouin & Johnson Abs rain; S turdivant ~0725 ~0869 City Council Reg. Mtg. Minutes UNAPPROVHI) DRAFT September 19, 1984 Page 6 of 6 PHOHIqIX GRDUP CONTRACT RE: REHAB GRANT APPLICATION, #AB84-472 Ms. McCluskey presented Council a request frcm the Planning Director, Joe Gero, to consider sukmitting an application for additicnal Rehab funds. The HUD Rehab Program in the State of Washington is nc~ managed by the State. Deadline to subnit the 1985 application is October (date to be determined). Staff has re- viewed options and determined that Phoenix is best prepared to perfoun these services. He recc~mended that Council approve the ccntract that the City Attor- ney's office has prepared. Mr. Gero spoke to Council saying there is stiff competition for these funds however with the City' s past participation in the Block Grant funded programs, etc. it stands an excellent chance for consideration. MaryEllen Babbitt asked if the accounting and bookkeeping of records will be dcne by the Block Grant Coordinator. Mr. Gem responded that the Phoenix Group will prepare the application only, and after we get the paperwork the responsi- bility will be th~ City's. M/S/C/(Homing/Johnson) to approve hiring the Phoenix Group to prepare the appli- cation for State Rehab Grant, and entering into an Agre~{nent for same. VOTE: In Favor; Sturdivant, Homing, Pachek, Drcuin, Amo & Johnson Abstain; Anderson & Adrian BURRCKgGHS B25 M/e~'~rE~M/NAL ~ FOR F]q~n SERVICES, ~AB84~473 Ms. McCluskey presented a request frfln the Field Servfces Director, Cohrt Prisk, for Rental of a Burroughs B25 Microcc~puter/Termj_nal for his division frcn Equip- ment Rental. There are sufficient funds available available for this expendi- ture at a rate of $250.00 per month. Councilman Sturdivant questioned why it w~s not specified as a line-iten in the budget. Mr. Prisk said he had appropriated $8,000.00 in the budget to handle Field Services, Parks and Street department microccmlDuter needs. M/S/C/U/(Drouin/Pachek) to approva request frc~ Field Services to rent, frcm Equil~nent Rental fund, Burroughs B25 Microccmpute~/Texlminals for the needs of Field Services, Parks and Street d. epartme/~ts. Councilman Sturdiv-dnt stated he had intended to vote against the request hcx~ever after Mr. Prisk explained further and assured him the money was available, he changed his mind. AUDIT CCM~ITTEE POLICIES & PBDCEDURES ~~ #AB84~474 Ti~s is an informational item, requiring no action, on the Policies and Proce- des statement frc~ the Audit Cc~ttee. Mr. McCluskey stated this draft statement is presented to Council for their information with members frcm the Audit Cannittee present in order to answer questions about the enclosed. Councilman Sturdivant was concerned that the two menhers frc~ the Council on the cc~{nittee were appointed for terms of two years. What if not able to fill the ccmplete term. He was advised that another Councilman can be appointed to fill the vacancy of a Councilman. Withno further business, meeting adjourned at 9:04 p.m. City Council KLM:AA/cjs cc: Normal Distribution File/Vault