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HomeMy WebLinkAbout11/18/80 UNAPPROVED MINUTES CITY COMMISSIONERS' MEETING MINUTES November 18, 1980 Tape 201 Regular meeting of the City Commissioners of the City of Bremerton, (A) 1714 Washington, was held in the Council Chambers at City Hall, 239 Fourth Street, on Tuesday, November 18, 1980 at 9:00 a.m., with Mayor Jarstad presiding. Also present were Commissioners Stewart and Swanson, Assistant City Attorney Ryan, City Clerk Mandio, and representatives of the press and radio. Meeting was opened with the Pledge of Allegiance and invocation was given by Reverend James Stegman, Free Methodist Church. · MINUTES OF NOVEMBER 10, 1980 Motion by Mayor Jarstad and Commissioner Swanson to approve Minutes as circulated, carried unanimously. · SEPARATIONS, CHANGE OF PAY STATUS Separations: Ervin E. Hume, Police Dept., Motor Patrolman, 11/7/80 (disability retirement). Shelly Whitton, Engineering Dept., Temporary, 11/21/80. Change of Pay Status: Donald Barde, Police Dept., 1st Yr. to 2nd Yr. Patrolman, $8.29 to $8.63/hr., 11/12/80. Andrew Oakley, Police Dept., 1st Yr. to 2nd Yr. Patrolman, $8.29 to $8.63/hr, 11/12/80. Alan Hornburg, Police Dept., 1st Yr. to 2nd Yr. Patrolman, $8.29 to $8.63/hr, 11/12/80. Russell Rasmussen, Engineering Dept., CE 13B to 13C, $9.26 to $9.51/hr, 11/13/80. Shirley Van Hoover, Street Dept., Dispatcher/Storekeeper, 8C, $7.10/hr, end of Cost Analyst Provisional assignment 11/17/80, 11/18/80. Motion by Mayor Jarstad and Commissioner Swanson to approve above separations and pay slips, carried unanimously. · CLAIM FOR DAMAGES Clerk presented Claim for Damages from Mrs. Alma Walker. Amount of claim unknown at present. Claim states Mrs. Walker fell from a raised place on the sidewalk in front of the Bootery Shoe Store at 334 North Callow. Clerk will forward claim to the insurance company. · CITY OF BREMERTON EMPLOYEE'S RETIREMENT FUND Clerk presented for approval the City of Bremerton's employees retirement fund report effective 1/1/80 for the month of November 1980 in the gross amount of $2,738.13. Motion by Commissioners Stewart and Swanson to approve above report, carried unanimously. · NEW BUSINESS LICENSES ISSUED ' ~ Clerk read report, dated 11/14/80, from Jerry Wheeler, Business License Inspector, regarding new business licenses issued for the month of October 1980. Twenty-two of the 47 busines~ licenses issued were registered by Mr. Wheeler in the course of his inspection procedures. NOV ,5 1980 KPPROVED CITY COMMISSIONERS' MEETING MINUTES November 18, 1980 Page Two · SPECIAL POLICE COMMISSION FOR BUSINESS LICENSE INSPECTOR Clerk read memo dated 11/17/80 from the Business License Inspector regarding having a Special Police Commission for the Business License Inspector. The purpose of the Special Police Commission would be to provide stronger regulatory license and discretionary revenue code enforcement to properly and equitably enforce the many regulatory license and discretionary revenue ordinances of the City. No decision will be made until Mayor Jarstad has conferred with Police Chief Devery and the City Attorney's office. · CERTIFICATES OF COMPETENCY Clerk read letter dated 10/7/80 from Cheryl L. Bergener, Water Works Certification Board, Dept. of Social & Health Services, stating that Certificates of Competency is being issued to Harry C. Niemann, Eugene F. Scales and Leon C. Thomas, Jr., as Water Distribution Specialists I; and Earl M. Haynes and Victor E. Messing as Water Distribution Managers II. Mayor Jarstad and Commissioner Swanson gave special recognition to these individuals for their accomplishments. · LETTER FROM WEST BREMERTON MERCHANTS INC. Clerk read letter dated 11/11/80 from Mr. Les Rose, West Bremerton Merchants Inc., expressing sincere thanks to Commissioner Swanson and Mary Wilson for their participation at the Bremerton Merchants meeting on November 6, 1980. Mr. Rose stated that Mary Wilson must be a great asset to Mr. Swanson's department as she was obviously knowledgeable in her job and showed great concern for the well-being of citizens in Bremerton through street planning. · LETTERS AND PETITIONS OPPOSING ADULT MOVIE THEATER ON CALLOW Clerk made reference to the letters and petitions that have been received opposlng the opening of an adult movie theater. These letters are on file for review at the Clerk's office. Copies of these letters have been given to the Planning Department for use in the Community Impact Study. · PUGET POWER PROPOSAL RE: CASAD DAM HYDROELECTRIC PROJECT Clerk stated that Puget Power was to send a revised agreement including an escape clause. Commissioner Stewart stated we should reject this proposal because 50 years was too long for a contract, and felt the problems we would generate isn't worth the effort for all those years. The Clerk stated the City was prohibited in the first place from entering into a 50-year contract, but rather a 10 year with an option-renewal clause. Commissioner Stewart stated the City should own and operate the dam ourselves. Mr. Glenn Vockrodt, 1409 Marlowe, discussed receiving 100% efficiency with a straight hydraulic system. No decision will be made until a revised agreement is received from Puget Power. CITY COMMISSIONERS'MEETING MINUTES November 18, 1980 Page Three Tape 201o WATER AGREEMENT/CITY OF PORT ORCHARD (A) 2224 Clerk presented letter dated 11/10/80 from Mayor Paul D. Powers, Jr., City of Port Orchard, regarding invoking Agreement for supplying water to the City of Port Orchard as of January 1, 1981 and to start purchasing water on that date. The Agreement stipulates that Port Orchard will purchase a minimum of $1,000.00 of water each month and will not exceed one million gallons of water per day without first obtaining permission from the City of Bremerton. This Agreement has previously been made but was not invoked. Motion by Commissioners Stewart and Swanson to invoke above Agree- ment, carried unanimously. o COM24ISSIONERS REPORT Commissioner Stewart: Commissioner Stewart asked the City Clerk to read the letter from Evergreen Legal Services regarding ambulance services and rates. Mrs. Mandio explained that she did not bring any letters to Council as this is set for public hearing on November 25 and all letters will be read at that time. She stated copies of all correspondence have been sent to both ambulance companies involved. Mayor Jarstad stated this letter was in response to us setting a public hearing date and this material is specifically for that hearing; otherwise, we would be setting up a new format and it would be difficult for the City Clerk to treat every hearing the same. Mayor Jarstad stated he thought the press saw the letter already because of hearing something on KBRO referencing contents of this letter. Regarding the Tax Commission wanting a tax exemption, Stewart stated the City Attorney's office commented that giving them an exemption on this would be the same of their going to the Edgewater Inn near the port district of Seattle and asking for a 12% reduction on a hamburger. Therefore, since they have increased the parking fees across-the-board, we should be able to charge everyone. Since the Tax Commission has added to our increased costs, they will have to pay the same rate as everyone else. Commissioner Stewart stated he would so inform them by letter. Mayor Jarstad: Mayor Jarstad spoke of sensitivity in the ambulance business and gave the example of Judge Lewis being transported recently to the hospital after being unconscious from a heart attack. When the article was printed in the paper, it was mistakenly quoted that he was transported by the paramedics. Mayor Jarstad said he was stopped on the street by a very irate man and his wife and was asked if Judge Lewis was a City employee. This man's idea was that the paramedics would transport anyone that was working for the City of Bremerton. Mayor Jarstad stated that if an ambulance was unavailable and such an emergency arose, the paramedics would transport a patient to the hospital because they do have this authority. When Mayor Jarstad ask the Chief of Police to check on this, it was learned that Judge Lewis was transported by public ambulance. This shows how sensitive some people are to what they read in the paper and immediately jump to conclusions that the City is taking care of their own people with our own paramedics and would not treat everyone the same. Jarstad stated that he didn't know how often we had to tell people that our paramedics are to be free of transport so they can react to the next heart- attack victim needing immediate care. (continued) CITY COMMISSIONERS' MEETING MINUTES November 18, 1980 Page Four o COMMISSIONERS REPORT (continued) Mayor Jarstad stated we must be very careful of public statements because people are very susceptible and want sometimes to think the worst. He gave the example of the letter from Evergreen Services that challenges our integrity of the Public Safety Departments and the Mayor's office implying we have a moral and civic responsibility to pay all these claims. Mayor Jarstad stated that when we receive applicable information this is turned over to the Courts where it is their responsibility to adjudicate and punish, and he resents the letter from Evergreen implying we should also become a part of the judicial system. Jarstad stated there is no thanks in this letter for the exhaustive, thorough investigative job that was done within our Departments. KITSAP COUNTY COMMUNITY ACTION REQUEST FOR EMERGENCY HOUSING Ken Attebery, Planning Director, stated he hoped the typographical error in this memo had not caused any misconceptions. This memo was on the City Council's Agenda last week as "Kitsap County Community Action Request for Emergency Hearing". The work "hearing" should have been "housing". The decision of the November 10 Council was to circulate copies of the memo to the Commissioners for review before commenting. The memo presented at the November 10 Council was a follow-up of a request for emergency housing for clients of KCAP and St. Vincent dePaul. This request was made at the October 16, 1980 Block Grant Hearing. The Planning staff did not recommend these two agencies to be part of the 1981-82 application since the need is immediate and there may be a way the current Block Grant could help. The Planning Department requests authorization along with the Reha- bilitation staff and the Engineering Department to investigate the feasibility of such a proposal. Mr. Attebery stated that at the October 16 Block Grant Hearing, KCAP indicated that a multi-unit residence, 2 or 3 units, would be ideal for their emergency housing needs. In relationship to the $600,000 total available under the grant program, the purchase of rehabilitation of such a unit could cost in excess of $75,000 to $100,000. The Planning staff, therefore, did not recommend it to be part of the 1981-82 application. Mr. Attebery stated that the City may be able to accommodate KCAP's need through some other methods. Principally, the City will be acquiring 3 or 4 homes through two public works jobs, the Olympic College by-pass and the Marion Ave. storm drainage project (Block Grant funded). Mr. Attebery thought that possibly we could use some of our existing block grant money to bring 1 or 2 of these structures up to habitable standards and allow the KCAP to utilize these homes for their emergency housing needs. Mr. Attebery discussed various possibilities of relocating homes which may cost $15,000 to $20,000, and this could be done from the current budget. Mr. Attebery stated the purpose of the memo was to request permission to do a thorough initial investigation in terms of the condition of the buildings and the potential of either relocation or rehabilitation to allow KCAP to utilize these for their emergency housing needs. He said possibly the Marion Avenue home could remain in place. Commissioner Swanson wanted to clarify the record so that the public and press was not confused. The buildings that were condemned on the Olympic College bypass were condemned in order to acquire the right-of-way and put the street through. From the appraisal on at least one of them, there is no evidence that it is substandard. Since they were valued reasonably high, rehabilitation on them would not be particularly expensive. He felt the Engineering and Right-of- Way people would have to resolve a few questions because some of these buildings might not be available for such a purpose. (continued) CITY COMMISSIONERS' MEETING MINUTES November 18, 1980 Page Five o KITSAP COUNTY COMMUNITY ACTION REQUEST FOR EMERGENCY HOUSING (continued) Mr. Attebery introduced Mrs. Judy Kennett, KCAP Program Manager, who was present to answer any questions. Discussion followed concerning various problems such as flooding and septic tank systems. Mrs. Waltrine Taylor, 2708 Calahan Drive added comments of concern. Tape 202 The Commissioners concurred that Ken Attebery should proceed with the (B) 0010 feasibility study for KCAP's and St. Vincent de Paul's emergency housing needs. · CHANGE ORDER #2 WHEATON WAY FROM SYLVAN TO BROAD Clerk presented from the City Engineer, Change Order #2 for the above referenced project, Contract #1992. This Change Order provides for the contractor to furnish cast iron frames to fit new solid metal catchbasin covers and also authorizes contractor to shorten an existing steel guard rail. Funds are available from the project's contingency to finance these extras. Total increase: $2,580,00 Motion by Commissioner Stewart and Mayor Jarstad to approve decrease ~,620 and increase of $4~200 adding $2,580 to contract, carried unanimously. · OUTSIDE UTILITY AGREEMENT ..... TRENTON AVENUE NORTH OF HELM STREET Clerk presented from the City Engineer an outside utility agreement from Faith Temple Church of God in Christ for sanitary sewer service to property located on the east side of Trenton Ave. and north of Helm St. The closest sanitary sewer is located at the intersection of Stoneway and Trenton which is approximately 1000 to 1200 ft. south of the property. There is a pump station at Stoneway and Trenton to remove the sewage from the area. This property does not satisfy any of the four exceptions of the City's Resolution 1767. Further, it lies across a ravine from the pump station. An additional pump station located in the ravine could be required if the agreement were to be entered into. Motion by Commissioner Stewart and Mayor Jarstad to not approve above Agreement based upon City Engineer's recommendations, carried unanimously. · GAS PUMPS AT CITY HALL Clerk presented memo dated 11/11/80 from Gary Heath, Equipment Rental Supervisor stating that funds were not available to purchase a control system for a gas pump and that any shortages of gasoline will have to directly reflect the price per gallon of gasoline. If this is not agreeable with City Council, Equipment Rental will respectfully decline to take over the pump until such time as a control system can be purchased. Several solutions were considered and the problems associated with each were discussed; i.e., credit cards, padlock and key. Chuck Moore, Water Superintendent, stated in just one month his Department was short $1600 for unaccounted gasoline. The cost of the control panel is $1200 and there has been no gasoline shortage since installation of the control panel. Commissioner Swanson recommended that the Clerk talk to Gary Heath about the use of a control panel. CITY COMMISSIONERS' MEETING MINUTES November 18, 1980 Page Six · BID CALL AND DECLARATION OF SURPLUS Clerk presented memo dated 11/14/80 from Gary Heath, Equipment Rental Supervisor, requesting authorization to call for bids for a 1980/81 model four-wheel self-propelled pickup street sweeper per attached specifications and also the declaration of surplus to the City's needs of the 1975 model Mobil 2TE-3 sweeper, License D21333. The sweeper will be used as trade-in for above mentioned new 1980/81 sweeper. Motion to approve above request for bid call and the declaration of surplus of above sweeper, using 1981 funds, carried unanimously. · ORDINANCE 3610 -- NEW STREET DESIGNATION KNOWN AS NIPSIC PLACE Clerk read, second reading, "AN ORDINANCE establishing a new street designation known as Nipsic Place." Motion by Commissioner Swanson and Mayor Jarstad to pass Ordinance 3610 on the second reading, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. · ORDINANCE 3611 -- DECLARING NEED FOR CONDEMNATION OF PARCEL OF LAND FOR PURPOSE OF MARION AVE. STREET DRAINAGE IMPROVEMENTS AND DECLARING AN EMERGENCY Clerk read, first reading, "AN ORDINANCE declaring the need for condemnation of a parcel of land in and through certain real property for the purpose of constructing a drainage and retention pond as part of the Marion Avenue Street Drainage Improvements in the County of Kitsap; and declaring an emergency." Motion by Commissioner Swanson and Mayor Jarstad to approve passage of Ordinance 3611 on the first reading, declaring an emergency, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. · SECURITY GUARD SERVICES Clerk presented for approval extension of Swimming Pool Security Service until December 31, 1980 (expired October 14, 1980) and request for bid call for security services of the Pool and Garage. Motion by Commissioner Stewart and Mayor Jarstad to approve extension of security service and request for bid call, carried unanimously. · PAYROLL VOUCHERS Motion by Commissioners Stewart and Swanson to approve payroll vouchers: Salary Fund, payroll period 10/27/80 through 11/9/80, $196,965.37; and Claim Fund for same period, $8,610.96, audited by John Ross, carried unanimously. · KITSAP COUNTY CENCON Clerk presented the 1981 Contract for Services with Kitsap County CenCom for approval. Motion by Mayor Jarstad and Commissioner Swanson to approve above contract carried as follows: Mayor Jarstad, Yes; Commissioner Swanson, Yes; Commissioner Stewart, No (had not reviewed contract). CITY COmmISSIONERS' MEETING MINUTES November 18, 1980 Page Seven · PURCHASE OF SEEDLINGS Clerk presented memo dated 11/17/80 from Chuck Moore, Water Super- intendent, stating the cost for purchase of fir seedling planting stock will be approximately $11,000. This is over the $2,000.00 bid limit and would require calling for bids; however, due to the large amount, Weyerhauser has reserved this quantity for the City. Mr. Moore requests City Council to waive the call for bids because no other nursery can supply this amount of stock at Weyerhauser's prices. Motion by Commissioner Swanson and Mayor Jarstad to approve waiving bid call after proper documentation at the Clerk's request, carried unanimously. · TRANSIT ADVERTISING PROPOSAL Clerk presented above proposal dated 11/17/80 from Mr. Gene Nelson, Pacific Creative Advertising, Bremerton, for approval. Motion by Commissioners Swanson and Stewart to approve above proposal, subject to City Attorney's evaluation, carried unanimously. Meeting recessed 10:30 a.m.; reconvened 10:40 a.m. Tape 202 (B) 0865 · KEG ORDINANCE HEARING Clerk stated this hearing had been advertised, posted and letters of notification sent as required by law. Pat Jones, Kitsap County Sheriff, appeared before the City Council to read his statement in support of the Keg Ordinance (copy on file in the Clerk's office). Jones stated more than 100 kegs parties have been reported in Kitsap County in the last two years, and it is not unusual to have five or more large parties going at once, and most involve minors. Associated with keg parties are minors drinking, assults, increased use of drugs, the sale of drugs, sign and mailbox vandalism, reckless driving complaints, violations of noise ordinances and traffic accidents. Jones stated that in Spokane County the problem is so severe Deputy Sheriffs formed a SKAT (special kegger assault team). Jones said he isn't accusing the tavern operators of selling beer to minors but often adults buy the beer for the underage drinkers. The Ordinance would have the person buying the keg sign a form which states that he is 21 years of age and that he will not allow minors to consume the contents. He stated some keg parties involve 5-20 kegs and anywhere from 60-600 people. The majority of these parties are well organized and tickets have been sold as far away as Portland, Oregon. However, an Oregon law put an end to illegal keg parties in that state. He said some keg party organizers had netted $2,000 to $5,000 for a single night. Two years ago a youth while sleeping in a field nearby a keg party was run over by a car driven by another drunken youth. Less than a month ago, a 16-year old boy died in a traffic accident after being seen at a beer bash that was broken up by Deputies. Jones stated the law would be more effective if it regulates the sale of all keg beer; a similar law has worked well in Spokane and Whatcom counties and he suggested the City and County copy a law already in effect in Winslow. Mrs. Waltrine Taylor, 2708 Calahan, stated that part of the problem of teenage drinking is that the youth doesn't have anything to do in Bremerton to occupy their time. Jon Jennings, Jennings Corporation, stated that since the Ordinance in Winslow went into effect, people are now driving to Silverdale to buy their beer. (continued) CITY COMMISSIONERS' MEETING MINUTES November 18, 1980 Page Eight KEG ORDINANCE HEARING (continued) Jake Miller, Executive Secretary and Legal Counsel, State Associ- ation for Tavern Owners, stated this law should be on a state-wide basis because it would take business away from the local merchants. However, if there were no kegs, there would still be parties and that Prohibition proved this. He suggested that law enforcement officers spend more time trying to get convictions against underage drinkers. A tavern can be closed for 7 days for serving minors, but the minors only are given only "a slap on the hand". Police Chief Devery stated he endorsed this Ordinance and felt it was a step in the right direction to reduce the problem. He feels the City and County Commissioners should get together and register each keg. Harry Jens, 2708 Perry Ave., owner of Eastside Tavern, talked about the number of incidents referenced by Sheriff Jones in which clear violations of law occurred and were witnessed by the Sheriff's Dept.,and no arrest was made. He questioned if no arrests are being made now when a clear violation of law does occur, how are we to assume this will change. Sheriff Jones stated that when there are only 3 or 4 Deputies and maybe 100 people at a party, they write as many tickets as they can before the rest run away. Discussion followed involving the problems of ID tags on the kegs, obliteration, methods of identifying obliterated tags, and licensing parties. John Parker, 1411 13th, Bremerton, Naval/Central Neighborhood Association, endorsed requiring signatures for kegs and stated the main purpose was to give the Sheriff and Police departments some- thing to start with as a working tool. S. P. "Pat" Carey, President, Sheridan Neighborhood Association, submitted a letter to be part of this hearing. This letter endorses the Keg Ordinance (copy on file in the Clerk's office). Roy Barton, Liquor Control Board, Medical/Dental Building, Bremerton, discussed usage of the word "immediately" in the Ordinance for notifying the Liquor Control Board of large purchases. He suggested involving CenCom since his office was not opened 24 hrs/day. Commissioner Stewart discussed the extra burden this would impose on CenCom for record keeping. As a result of this discussion the word "immediately" appearing in Item 3 of the Ordinance to notify the Washington State Liquor Control Board (immediately) in the event that the purchase exceeds twenty gallons or more of malt liquor, will be removed. Also, twenty gallons will be changed to 7 gallons (1 keg, pony or larger). Motion by Mayor Jarstad and Commissioner Swanson to remove the word "immediately" and change twenty gallons to seven gallons, carried unanimously. ORDINANCE -- FIRST READING KEG ORDINANCE Clerk read, first reading, "AN ORDINANCE of the City of Bremerton regulating the sale and distribution of malt liquor." Motion by Commissioner Stewart and Mayor Jarstad to approve Ordinance, first reading, with stated changes, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Swanson, Yes. CITY COMMISSIONERS' MEETING MINUTES November 18, 1980 Page Nine · BID OPENINGS Tires, Tubes, Over-Road Services: Larry's Tire Service, bid check enclosed. Retreads: 35% discount. Tires & tubes: list price. Road service: $18/hr. Mounting: $10/hr. Shaub Ellison Co., bid check enclosed. Retreads: 33% discount. Tires & tubes: list price. Road service: no charge. Mounting: $12.50/hr. Redi Mix, Concrete Products: · Bremerton Concrete Products Co., bid check enclosed. Twenty-three items listed for assorted concrete products. Copy on file in Clerk's office for review. · Holroyd Co., Inc., bid check enclosed. Prices listed for Items l2, 16, 17, 19, 21, & 26 of 26 items. Copy on file in Clerk's office for review. · BILLS Motion by Commissioner Stewart and Mayor Jarstad to give blanket approval to Vouchers 19868 & 19870 inclusive in the amount of $22,441.24; and Vouchers 19875 thru 19992 inclusive in the amount of $168,363.89, audited by John R. Ross, carried unanimously· · RECORDS MANAGEMENT Clerk stated she has talked with Kathy Ashner and Fred Klunder regarding their visit to the City to discuss the Records Management Program with the Department Heads and Secretaries· The concerns, complaints, and recommendations they receive will then be incorporated into the new manual. Clerk stated the intern from the University of Washington would be brought in and have this put together about the first quarter of the year. Clerk will bring all the figures for approval before the Council. · POULSBO LIBRARY SERVICES CONTRACT Clerk ask the status of the above contract, since a contract has been signed every year. Mayor Jarstad stated the figure in the preliminary budget is about $10,000 higher according to the City Treasurer than last year. The Council will discuss this in our budgeting process with the City Treasurer. · LETTER FROM WALTRINE TAYLOR Waltrine Taylor, 2708 Calahan, left the Council a letter to be read concerning unhappiness about some of the City bus schedules. Letter will be referred to John Olsen, Bremerton Municipal Transit· · LEASEHOLD TAX Mayor Jarstad expressed concern regarding the leasehold tax law and its impact upon the Community Theater and Square Dance Tape 202 Association· He stated a meeting will be held later in the week (B) 2598 to discuss this problem. Meeting adjourned 12:30 p.m. ~K~'~dr~'~~ ~----Q~ - THLEEN L. MANDIO, City Cl~rk APPROVED: