HomeMy WebLinkAbout08/29/84TAPE #170 UNAPPROVED DRAFT
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The regular meeting of the City Council of the City of ~renerton, Washington,
was held in the City Council Chambers, 239 Fourth Street, Brewerton, Washing-
ton, Wednesday, August 29, 1984, at 4:00 p.m. with Council President Art Ander-
son presiding. Present ~are Councilmen Amo, Drouin, Homing, Pachek, Mosely and
Sturdivant. Also present were City Attorney Broughton end City Clark McCluskey.
The meeting was opened with the Pledge of ~/legiance, led by President Anderson,
and invocation given by Councilman Drouin.
CONS~T AGENDA
City Clerk Kathleen McCluskey listed the Consent AgeDaa as foLlc~s; C~) M/Lnutes
of the Block Grant Hearing on August 20, 1984, #AB84-429; (B) Request for Bid
Award - City Hall Elevator installation to Jaras H. Robinson Ccmpany, Inc. as
~ded by the Mayor's Office, #AB84-430; (C) Request for Change Order #10
to Contract C-l, Wastewater Facilities Cc~struction Project, #AB84-324; (D) Re-
quest for Change Order #11 to Contract C-4, W~'~P, #AB84-431; (E) Request for
Change Order #9 to Ccntract C-5, W~FCP, #AB84-432; (F) Request for Change Order
#10 to Contract C-5, WWFCP, #AB84-442; (G) Request for Change Order #2 to C~ntract
C-8, WWFCP, #AB84-433; (H) Request for Change Order #2 to Contract C-10, W~FCP,
#AB84-434, and (I) Request for Change Order #1 Wheaton/Sheridan Corridor Contract
#2440 - Engineering Department, #AB84-435. All requests for change orders are
on file at the City Clerk' s office.
Council President requested that approval of the Block Grant Hearing minutes be
tabled until next weeks Council meeting.
Councilman Homing stated, through his experience as a builder, that consideration
of extending the elevator to the basement should be discussed now as it will be
much more costly to do it at a later t/me. The Bid request was to include floors
1 and 2 of City Hall. In respcrse to Councilman Horning's questions, Dave Baker,
Assistant City Engineer agreed that it would save money in the long run to, include
the basement floor in the original installation, but this ~Duld be as additional
cost of approximately $15,000.00. Mr. Baker further said that the bulk of the
cost of installation is the elevator itself which is cost affectire in the long
run by installing a superior product. Councilman Homing asked if Mr. Baker ~Duld
get s~re information, including costs together, and report back to City Council.
Mr. Baker agreed to report back to City Council, stating that construction will not
begin for 2 - 3 weeks so there is time for review.
M/S/C/U/(Amo/Pachek) to approve Consent Agenda, Items B through I, and tabling
Item A for Council, September 5, 1984.
0253
!0281
CIAIMSE REGISTER, #AB84-436
Ms. McCluskey read a list of warrants, suhnittedby the Wastewater Facilities
Construction Project/Construction payments in the a~uount of $2,046,990~87 for
Council approval.
M/S/C/U/(Drouin/Pachek) to approve WWTFC Project warrants for Construction
payments in the effnount of $2,046,990.87.
Council President stated the Mayor is not present, with no one having a report
frcm his office end City Attorney Broughton stated he had nothing to report.
Ms. McCluskey continued Claims and Warrant registers stating the regular warrants
#5719 through #5931, in the anDmat of $177,623.52 and specialwarrants, #5697
through #5936, in the a~ount of $72,573.29, as audited and certified by Darlene
Hernnann as required by ~IW 42.24.090 and recorded on listings made available to
the City Councilmustbe approved.
M/S/C/U/6Pachek/Sturdivant) to approve regular and special warrants as presented.
Councilman Amo asked City Clerk McCluskey why the registers are separate with
Ms. McCluskey stating that t_he City Council requested that they be approved Ly
separate motion.
PUBLIC ~ION - 4:15 p.m.
Mr. Bert Gegner, 934 Washington/Charter Change Cclunitteeman, addressed the City
Council regarding it's decision, Council meeting August 22, 1984, to place on the
November ballot a change from a Mayor form of Government to the "City Manager"
concept.
Aught 29, 1984
Page 2 of 6
He stateg.~.~as in total op~s. ition of changing to a City Manager and requested
that the; Council reconszder the vote before all the ~Drk is expended writing
the ballot Resolution. He felt the full City Council should be present to vote
on an issue of this magnitude. City Attorney responded to Mr. Gegner's cc~ments
that his office has ccmpleted the needed resolution which will be placed before
the Council next week for approval.
Ms. Jean Jackson, Cha/rman of the Mayor' s Cc~rtittee on Handicapped, thanked the
Council for changing their original motion regarding moving of Council meetings
to acccrrx~ate the handicapped. She stated that she requests adjustments to the
Block Grant Hearing minutes before Council approves. She ccmplained about; (1)
the Handicapped shower in the men' s rcrm/Municipal Pool, being block off for
use; (2) The Handicapped Lift in the Municipal Pool not being operable; (3) The
Parks and Recreation monthly Newsletter does not indicate that there is Handicapped
aids available at the Pool, and (4) Pool rates still have not been addressed whereby
the Handicapped individual is paying more than the able-body citizens at the City
facility. Councilman Sturdivant asked if Ms. Jackson had contacted the Parks
department with Ms. Jackson stating that the Mayor said he ~DUld. CounciLman Amo
noted that the difference in Pool rate schedules has been brought up several times.
The Council requested a report regarding the above issues.
Councilman Johnson joined the meeting at 4:45 p.m.
Captain C.Wilson Maves, Bremerton Police Det, was concerned about the
Brenerton Sun Newspaper article that appear last evening regarding the Management
Cc~F-nsation, and the propose deletion of the Assistant Police and Fire Chiefs
at the time the positions are vacated through attrition. He was critical of the
20 days Vacation accrual, credited to each Management employee, each year and
expressed concern that the e~ployees read suah totters in the media without being
maae aware of what the true facts are. He expressed disatisfaction that the eli-
mination of the Assistant Chiefs positions is being consider and requested that
the Council reconsider striking the asterisk. He felt three reasons to maintain
these two positions were; (1) time constraints and decision making; (2) the two
departments are quasi-Military style with ctkli_n-of-ccrmand structure, and (3)
wanted to knee what data Mr. Hiestand, Personnel Director, used in making the
decision to eliminate these positions.
Councilman Mose~ responded that the positions have not been eliminated and new
language will s stitute ~Drd "eliminate" with "reviewed" before the positions
are filled when a vacancy exists.
Ms. Jean Jackson noted t_hat, according to the 1984 Budget, Municipal fees increased
25%.
Ms. Walterine Taylor, 2708 Calla Drive, stated she and her husband were both
retires, who are not on welfare roles, and were shocked at the salary schedule
proposed for Management C~npensation.
COUNCIL M~4BERS E
Councilman Drouin stated that the Wastewater Ccrmittee met on August 16, 1984,
report distributed, with discussion centering around the plan for City/County
Sewer District Boundary which is being drawn up by the City Engineering Department.
He said there will be a meeting tcmorrow with the Cu~nittee and the Project Manager.
He gave a short report of his tour of Moscow, idaho, this past week and noted that
thay have an all-volunteer Fire Det with a paid Chief.
Councilman Mosely said the Public Safety Cc~ttee met last Thursday, August 23,
1984, and at issue was the continuing problem of teenage and young-adults taking
over the downtown core with "cruising-the-gut", a term for bumber-to-bumber traffic
when hampers regular through traffic to as much as 30 minutes to transverse a six
block area. He stated the concern was directed at the impairment of Public Safety
vehicles, such as Police or Fire res[x3nses, and the rights of citizens to be able
to use the streets in a normal manner. He further stated the video tapes of the
"special patrol" Saturday night showed open drug-dealing, drinking in public,
indecent expose, and obscene gestures and language, even in front of Officers
assigned to tba patrol. Councilman Pachek stated that the video-tape of the patrol
was indeed informative and cc~mended the Police Department for it 's initiative in
the matter.
City Council Reg. M~'u Minutes
August 29, 1984
Page 3 of 6
Councilman Sturdivant reviewed ccmm~ittee meetings held by the Golf Course
Board of Directors cm August 9th and 17th and again scheduled for tcmorrow.
He said they discussed the Hardy report which emphasizes the City' s responsibi-
lity to provide service to the citizens, Revenue and Expenditure strategy noting
that there will need to be scme deficit spending, in order to make the course
playable,and whether or not the City should lease the facility out to a Contractor
by Contract or oversee the operation of the Golf Course in-house.
Councilman Amo stated he understood the theory of why the PoLice Department conducted
the "special patrol" Saturday night, however, he was concerned that there is not
any young adult activities in town and would hate to see "cruising" ccmpletely
elimj_nated. Counci/man Mosely responded that, "when it takes 28 minutes for a
Patrol car to go 5 blocks on Pacific", there is a problen. He said the Council
should give the Bremerton Police Departme/It it's 100% support. Councilman Sturdi-
v~nt agree~. with Mosely that the Council would not want to encourage this type
youth activity. Councilman Mosely noted that the video tapes showed two incidents
of purposely spilling oil to "burn rubber" and squeal tires. It was necessary to
call out Street Department employees, in addition to Police personnel ~Drking over-
t/me.
O~DINANCE 6FIRST READING) AM~qDING ORD. #3836, SEC. #3, RELATING TO THE CLMUIATIVE
RESERVE FUND AS DRA~T~3 BY THE CITY ATiD[~FEY'S OFFICE, #AB84-437
Ms. McCluskey read a request frcm Business License Inspector, Janie Coberly,
to pass an ordinance, first reading, amending Ordinance #3836, Section 3, to pro-
vide for $25,000 each calendar quarter to be taken frcm current Business and Occu-
pation Tax Revenues and place in the Cum/lative Reserve Fund beginning, Janaury 1,
1984. This revenue is specifically to be used for repair and maintenance of Muni-
cipal Buildings as designated by the City Council. The existing Cumulative Reserve
Ordinance was amended rather than the new Business & Occupation Tax Ordinance so
that all Council directed action regarding the ClEau]ative Reserve Fund is contained
in one ordinance.
L280 ·
Ms. Jean Jackson asked if the wheelchair lifts could be purchased for City Hall
out of this eumulative Reserve revenue which Councilman Johnson stated, it should
be eligible because it is ccnsidered Capital Improvement.
M/S/C/U/(Pachek/Mosely) to approve ordinance,
#3836, Sec. 3, relating to cumulative reserve
by including $25,000.00 each calenan~ quarter
Business and Occupation Tax.
on first reading, amending Ordinance
fund for general municipal purposes
of revenues derived frcm the City' s
ORDINANCE #3927, AMENDING C~D. #3898, SEC. #8, REGARDING B & 0 TAX RATES, #AB84-410
Ms. McCluskey read tha request frc[n Business License Inspector, Janie Coberly,
to pass, on secc~d reading, Ordj_nance #3927 amending Ordinance #3898, Section 8,
changing Business & Occupation Tax Rates for Retail, Wholesale and Service Classifi-
cations which are due to expire at the .00125 rate on September 30, 1984. This
amended Ordinance ~Duld stagger the rates by classification as follows; .00125 for
Retail; .0016 for Wholesale, and .002 for Service. Ms. McCluskey then read a
letter frcm Mr. Pete Flynn, in opposition to the prc~osed ordinance amehdment
and another letter, presented by Mr. Flynn, which he read, frcm the Chamber of
Cc~merce and downtown busines-~m~_n in opposition to the ordinance. In Mr. Flynn's
letter he was representing the Municipal Awareness Ccr~nittee/Bremerton Chamber of
Ccrm~rce which voted unanimously to draft the second letter requestang that the
City Council pull this item frcm the agenda until the mem]bership can be present,
in full-force, at next weeks Council meeting. The letter frc~ the Chamber of
Cc~rerce, signed by Mr. Flyrun on behalf of the Ccr~nittee, cited three reasons
why they were in opposition to include; (1) objected the sub~idization of gambling
and amusement taxes which are being lowered significantly and referenced the
optic~al pastime as a "Sin-tax" which includes tobacco, alcohol and gambling; (2)
Contrary to Mr. Olney's implication, there are a number of wholesalers operating in
Bremerton who are already paying a great deal in B & 0 Tax, and (3) ccntrary to
statements, already published, the service industry is not only doctors, lawyers,
and CPA's but incl~]es banks, beauty salccs, barbers, movems and many others.
The implication, Mr. Flynn went on, that there is little cost of sales for this
industry is totally false. He said the primary issue is subsidizing of gambling
and amusement taxes and just because a few cities have a 3-tiered B & O system
is not sufficient justification for us to have it.
Leo Olney, City Treasurer, stated it was imperative that the City Council not
pull the ordinance amendment because, with the required 30-days before inactment,
after publication, will barely allow sufficient time for 4th Quarter assess~aents.
If pulled, the City may face the possibility of losing 4th Quarter Revenues because
of the decrease mandated for B & O Tax, effective under Ordinance #3836.
Page 4 of6
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2598
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Mr. Olney further stated that the amending ordinance was first presented to
City Council and tabled for two weeks to allow intarested parties an opportunity
to respond. He said that the current Ordinance expires October 1, 1984 and
if the ordinance does not pass tonight, it will not be in effect until January
1, 1985. He ~ passage, noting the 30-day appeal time.
Councilman Homing, asked what percentage of revenue is attached to each type
business with Ms. Coberly stating, 60% retail, 15% wholesale and 25% service.
She said, because retail also brings in sales tax, it was assessed the lowest.
Councilman Sturdivant asked Mr. Flynn why he waited until now to ask for the
ordinance to be pulled with Mr. Flynn responding that it takes time to notify and
advise a entity with 500+ membership.
M/S/C/U/(Johnson/Amo) to approve, on second reading, Ordinance #3927, amending
Ordinance No. 3898, Section 8.
ORDINANCE #3926, MANAG~M~qT CCMPMqSATIC~, #AB84-424
Ms. McCluskey read a request frcm Mayor Dawkins, to approve Ordinance #3926,
secc~d reading, establishing managerent cc~apensation for non-union managenent
personnel. She noted two changes since the first reading that do not appear on
Council packets to include; (1) Director of Field Services salary is $43,000.00
not $40,000.00, and (2) under asterisk, bottan of page one to change the word
"eliminated" to "reviewed" and add "by City Council before the positions are
filled". She also stated that the job titles are the current titles the personnel
are assigned. Councilman Johnson stated that the City Engineer is considered
a professional and should continue as a General Manager. Councilman Pachek was
against lowering either the Director of Field Services or Engineers salaries.
Councilman Johnson asked if these salaries represent top, mediL~n, or bottam
scale of average salary paid managenent in other areas with Dave Hiestand, Personnel
Director, responding that the original ordinance was to have 5 levels of ccmpetency
with annual bones for performance. In Lieu of that concept tb_is ordinance was
drafted which will bring City of Bremerton/Management salaries in c~nparison to
like salaries for similiar responsibilities based on those entities used as ccm-
parison data. Mr. Hiestand stated that these salaries are presently top dollar
after aggregating those cities used in the survey but there is future potential
to bracket the salaries into a entry-level or experience-level formula.
M/(Sturdivant) to adjust down Field Services Director position to $41,000.00 and
City Engineer to $39,000.00 because be felt the Field Services salary was increased
to keep the salary of the City Engineer up.
Motion DIj1D for lack of second.
M/S/(Sturdivant/Pachek) to delete the asterisk and verbiage on page #1 of the
Management Ccmpensation referencing deletion of Police and Fire Assistant Chiefs
positions or review of same when vacancy exists.
Councilman Homing felt the verbiage, as asterisk, should be left in since it has
been changed fr~n "eliminate" to "review" before filling a vacancy. Councilman
seS to allow flexibility which
he was in favor of and asked Ms. McCluskey to reread the asterisk, which she did.
Councilman Drouin agreed that all positions should be reviewed when vacated therefore
why not asterisk each positiathin the Management Ccmpensation pay plan. Council-
man Sturdivant felt none of the Councilmen woe like to be working in a position
that was constantly utter review of elimination. City Attorney Broughton reminded
the Council that the new Fire Chief stated he would like the flexibility to make
changes when the need for reorganization may exist. Mr. Hiestand encouraged the
Council to leave the verbiage, allowing the flexibility for depa-hnent heads.
CounciLman Homing stated he would vote against.
VOTE: In favor; Drouin, Mosely, Pachek & Sturdivant
A~ainst; Homing, Anderson, Atom & Johnson
Motion F~l~n for lack of majority
Again, Councilman Sturdivant ccmplained about the increases in scme job classifi-
cations that amounted to a $4,000 - $8,000 upgrade. He also was totally against
the Personnel Director being an inclusion within the Management CantDensation pro-
grin because of a conflict of interest. Since Mr. Hiestand negotiated the package
he should be dealt with as a separate issue and vote.
M/S/(Sturdivant/Amo) to pull the position of Personnel Director frc]n the Management
Canpensation plan and deal with this position as a separate issue.
Councilman Homing stated Mr. Sturdivant's cc~nents have scme n~rit with Councilman
Drouin asking the City Attorney if this should not be dealt with in an Executive
City Council Reg. Mr'. Minutes
August 29, 1984
Page 5 of 6
Session. City Attorney Broughton stated that, under the Open Meeting Act,
it does not allow for Executive Session for Management negotiations except in
cases of hiring or firing. CounciLman Amo said he was confused about the issue
and new that discussion has followed he wished to withdraw his second. Council-
man Homing asked if Mr. Areo's second can be withdrawn with Ms. McCluskey stating
yes. ~
M/S/C/(Johnson/Amo) to approve Management Ccmpensation Ordinance with changes;
(1) to change salary of Field Services Director to $43,000.00, and (2) change ver-I
biage on Page #1, *to read, "If end when these positions beccme vacant, they will be
reviewed by the City Council before being filled".
Discussion end disagreenent as to whether Mr. Sturdivant's original motion still
stands, with majority agreeing the motion was still on the floor.
Ms. McCluskey was asked to repeat the motion; Moved by (Sturdivant/Amo) to pull
the position of Personnel Director frc~ the Managerent Ccmpensation plan.
VOTE: In favor; Sturdivant
Axgainst; Anderson, AnD, Drouin, Homing, Johnson, Pachek and Mosely.
Motion FAILED for lack of majority
Discussion continued on motion to approve Management Ccmpensation Plen with Mr.
Bert ~eer requesting that the Council meet the dollar amounts halfway end nego-
tiate rest of the Ordinance and ccmpensation within 6 months. Mr. Gegner said
them are many new managers, recently hired to work for the city, and they were
satisfied with the entering salary when they came to work 6 months ago therefore
they would like a 6 months, down-line salary increase. He thought the Council should
not act too hasty and his views are en optional mathod to deal fairly with the
management employees. Councilman Sturdivant agreed to Mr. Gegner's ~dation
suggesting the Council meet 1/2 the ccmpensation figures now and renegotiate in
July of 1985. He stated he was totally against management ccmpensation end unfair
to the citizen on the street who will pay the burden.
Ms. Waterine Taylor, 2708 Callaban Drive, stated she was totally disenchanted with
?APE #171
~0221
Mr. Dave Baker, Assistant City Engineer, said the City is out on the ccmpetiitive
market and he knc~s he could obtain a job at a higher salary than he presently is
receiving but he likes what he is doing. He said the City may save in the long
run by grenting the increases in terms of high vacancies and retraining new personnel.
Mr. Court Prisk, Field Services Director, noted that the overall average increase
is 10.53% end cc~puting over a 19 month period, it averages out to 7½% increase per
year. He did not think amount is much differenct frcm the Union salaries negotiated.
SturdiTant responded that salaries are just handed to management because sceeone
"might leave". Councilman Johnson defended scme increases, seeming to be out of
line for example $8,000 increase for Assistant Attorney, because this position was
not making as much as the secretary. He felt the Councilmen must keep in perspective
what professic~al positions pay elsewhere.
VOTE: In Favor;
Against;
Motion Passed
Anderson, Amo, Pachek, Johnson, Homing, Mosely & Drouin
Sturdivant
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ORDINANCE (FIRST READING) RICHARD BOW~N REZCNE FRCM R-1 to R-2, #AB84-439
Ms. McCluskey read a request frcm the Planning department to approve en ordinance,
first reading, for Richard Bowen Rezons frc~n R-1 to R-2. The Planning Camnission
passed Resolution #725 recu~,~endlng Council approve the rezone which it did at
it's regular Council neeting on August 22, 1984. Property is located in West
Brenerton, approximately 1610 Park Avenue.
M/S/C/(Drouin/Mosely) to approve an ordinance, first reading, amerrlinq the use
and area maps of Ordinance #1792 upon application of rezone frcm R-1 to'R-2 and subject
to various requirements and other applicable laws and regulations. (Richard Bowen).
~__~__: In favor; Anderson, Mosely, Drouin, Homing, Sturdivant, end Pachek
Abstain; Amo & Johnson
Council President noted that Agenda Bill #84-438, SEPA Ordinance, was pulled frcm
agenda.
Page 6 of 6
.~0738
NEW BUSINESS - P~NINSUIA LODGE JANE SERVICES-R~UEST BY PURCHASING DEPE-
M~X~T TO EXT~XqD THE CENTRACT,:#AB84-441
Ms. McCluskey read a request frcu Assistant Purchasing Agent, Gil Johnson, to
consider extending the Pesula Lodge (PenLoCo) Janitorial Services contract for
a period of six-months (February 28, 1985). The present contract expires August
31, 1984, and Council has alrea_ay written a ccraTendatioa to the Vendor for service
during the term of the C(xntract that was exam~lary. The extension would include
all other terms and conditions of the agreement reeg in effect as set forth
in Contract #2378. Mr. Johnson recc~mended approval.
M/S/C/U/(Amo/Mosely) to extend PenLoCo Contract #2378 for Janitorial services for
a period of six-months, not to exceed February 28, 1985.
With no further business meeting was adjourned at 6:15 p.m.
~n~:AA/cjs
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KATHTM MCCIESKEY, City Clerk
City of Brererton