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HomeMy WebLinkAbout12/02/80 UNAP~'ROVED MINUTES CITY COM~{ISSIONERS' MEETING MINUTES December 2, 1980 Tape 203 Regular meeting of the City Commissioners of the City of Bremerton, (B) 1617 Washington, was held in the Council Chambers at City Hall, 239 Fourth Street, on Tuesday, December 2, 1980 at 9:40 a.m., with Mayor Jarstad presiding. Also present were Commissioners Stewart and Swanson, City Attorney McCluskey, City Clerk Mandio, and repre- sentatives of the press and radio. Meeting was opened with the Pledge of Allegiance and invocation was given by Reverend Michael Grimshaw, First Church of the Nazarene. Mayor Jarstad apologized for the Council Meeting beginning late due to the Mayor's Annual Prayer Breakfast. City Attorney McCluskey introduced James Sells and James Ryan, appointed Assistant City Attorneys. McCluskey stated there are 6 other members in the law firm who provide needed services ~!~%hough they are not on the City payroll. ® AMENDMENTS TO MINUTES OF NOVEMBER 25, 1980 Commissioner Stewart stated that the minutes cannot be approved, that they are in error and must be corrected. Commissioner Stewart stated that one motion was completely left out and he wants the motion put b~ck in, and he was sure Mayor Jarstad did too. He stated a motion was made at the end of the last meeting and it did not get in the newspaper either but was on the radio. He stated he found the tape this morning and listened to it, that the motion was that there would be no subsidies paid, no guaranteed billing to either ambulance company, and we are not going to manipulate with the market. Commissioner Stewart stated that is what we did last week unanimously and he thinks the tape bears it out and he would like to so move now for clarification that we are not going to be paying any subsidy and we are not going to be paying any money in lieu of bills uncollected. City Clerk stated that it was inadvertently left out and that there is one other amendment, then we can approve the Minutes as amended without further motions. Commissioner Stewart stated he wants Littlejohn and Leyde to know if they get any business now it will be from customers, not taxpayers. City Clerk stated that the motion was made on the tape and it will be included as an amendment. City Clerk stated the othe~ amendment is to add "of City payday" to page four, second item, to read: "Jim Root, City Engineer, stated that no increased traffic flow has been observed on the arterials on Fridays of City payday". Motion by Mayor Jarstad to approve the Minutes as amended. Commissioner Stewart stated he wants the motion stated so we know what we are getting into. He stated he has had enough of this thing and wants it clear so Council and everyone else knows what is going on. He asked what was the motion, if you are not going to accept a new motion at this time, then he wants the old motion read verbatim so we know what we are getting into. We have had enough problems with ambulances not to have anything covered up here. I want it all out in the open, he stated. Mayor Jarstad stated he resented Mr. Stewart's implication that there is always a big coverup. He stated that we made a motion clearly, it was passed unanimously that we deny payment of the subsidy that was requested by the ambulance company and that was the only business on the floor and we did that. It is in the amended minutes and that takes care of it. Mayor Jarstad discussed the local newscast and the fact that Mr. Littlejohn is a businessman who came to Council wanting to know if the City of Bremerton will ~[~ ~ ~8~ay for any part of any bills which he responds to. That was his C0~[ request to Council and that as a businessman it was a logical ~0~ (continued) CITY COMMISSIONERS' MEETING MINUTES December 2, 1980 Page Two o AMENDMENTS TO MINUTES (continued) request. Commissioner Stewart again wanted to know what motion is passed and what is going to be put in the motion. The City Clerk stated that the motion we have, made by Stewart, and seconded by Swanson, that will go in as an amendment to the minutes, be included in last weeks minutes and show in this weeks minutes, is that the subsidy not be paid or guaranteed payment to any ambulance company. Commissioner Stewart stated fine, if that's on tape, that is good enough for him. Motion by Mayor Jarstad and Commissioner Stewart to approve the Minutes as amended, carried unanimously. The City Clerk's reciting of the above motion was made on the basis of Commissioners Stewart's above comments that he had listened to the November 25 tape and he was quoting the motion. In reviewing the tape of that meeting for preparation of the verbatim motion for these minutes, it was found that the motion made at the November 25, 1980 meeting was as follows: "Motion by Commissioner Stewart, seconded by Commissioner Swanson, not to enter into this agreement, carried unanimously." SEPARATIONS, CHANGE OF PAY STATUS Separation: Roseanne M. Cassels, Parks & Recreation Dept., Recreation Specialist, 11/14/80. Change of Pay Status: David L. Atwell, Street Dept., Serviceman I, 7B to 7C, $6.69/hr, 11/27/80. Commissioner Stewart then suggested that maybe someone else had something on the Minutes that they wanted to talk about, they were here and no one asked them. Andrew Parypa, 1122 Hayward, stated that he didn't know what the problem is. Last week there was an error on the contract for Leyde and this time he hears that there was a grave omission from the Minutes of the meeting. He asked if they are reviewed before being given to the press. The City Clerk explained that he was confusing two areas. The Attorneys office typed the contract; the Clerk's office, the Minutes. She stated that regarding the Minutes that there are amendments to Minutes at any meeting and it is not unusual. The reason they are distributed as unapproved Minutes a week before the meeting is for her review and review by every Commissioner and City department to have the opportunity at this meeting to amend. This particular motion is an oversight. The Minutes were done on a short week. The Secretary worked until after 11:30 p.m. to get them out early enough for ample time for review. The Clerk stated that she did not like the insinuation that there was a coverup or inefficiency and that part of the procedures of Council is to allow for Amendments. Motion by Mayor Jarstad and Commissioner Swanson to approve above Separation and Change of Pay Status slips, carried unanimously. · PAYROLL VOUCHER Motion by Mayor Jarstad and Commissioner Stewart to approve Salary Fund for pay period ending November 30, 1980, in the gross amount of $36,154.17, audited by John Ross, carried unanimously. CITY COMMISSIONERS' MEETING MINUTES December 2, 1980 Page Three · CLAIM FOR DAMAGES Clerk presented Claim for Damages from George Pitke in the estimated amount of $263.12 for auto damage by a City Water truck. Clerk will forward to the insurance company. · CERTIFICATE OF SUFFICIENCY FOR THE INITIATIVE PETITION Clerk presented "Certificate of Sufficiency" from Sherrill Huff, Kitsap County Auditor, certifying she has examined the signatures of the initiative petition for submission to the City Council and certifies that petition has been signed by more than 25% of the qualified electors of last preceding vote cast for all candidates for mayor and certifies to sufficiency of said petition. Mayor Jarstad stated that the Council has 30 days to take action; if no action is taken it will go on the ballot. · PUBLIC RECOGNITION Mr. Bert Mullins, Store Manager, Warehouse Freight Sales, appeared on behalf of owner, Ron Maubley regarding the need to have an Ordinance that would limit the length of time for a "Going out of business" sale. He cited several instances where items for sale were the same or higher as Warehouse's items. Also it leav~ the customer with no warranty. Mr. Mullins asked Council consider having a business license be used for "going out of business" sales with a time limit of 30 days. Commissioner Stewart recommended Jerry Wheeler, City Business License Inspector check what other Citys and have done and contact City Attorney's office so we don't have false advertising. Mayor Jarstad concurred and instructed City Attorney to see what Ordinances are on the books and have Jerry Wheeler or anyone else who has any thoughts on the subject to contact the City Attorney's office and bring a report back to the Council. Mr. Bob Mussman, Ombudsman to the City for Ambulance Services, stated he asked Terry McCluskey, City Attorney, a question at the November 25 Council Meeting regarding violation of code of ethics or conflict of interest by representing Leyde, He said he understood McCluskey as saying if they had represented Leyde in that particular case, it would have been a violation. Mussman said he is not an attorney and does not understand what would be a conflict of interest but would like to give Council two letters under Walgren, McCluskey, Sexton signaturesOn City of Bremerton letterhead and the other on Walgren, McCluskey, Sexton letterhead. It is his opinion that the City Attorney's office was representing both sides in this matter and would like to have an independent attorney look at these letters to give an opinion or turn over to the Bar Association. Commissioner Stewart stated it should be turned over to the Municipal Research Council for investigation and will send it to them himself. Mr. Mussman stated he is entitled to know whether this is ethical or not. · J. w. COWLEY, MANAGEMENT CONSULTANT Mr. Cowley reported his efficiency study for the City has been completed within the time allowances of the contract extension, and did not exceed $50,000. A total of 2,065 manhours were used (65 of the unpaid hours is his contribution). Identified savings equalled more than $150,000 annually. In fact, savings equalled $483,474 annually, more than 3 times the promised amount. "Implemented" savings also equalled an amount greater than the promised "identified" savings. A total of $253,375 annually was implemented. (continued) CITY COMMISSIONERS' MEETING MINUTES December 2, 1980 Page Four o J. W. COWLEY, MANAGEMENT CONSULTANT (continued) Commissioner Swanson stated several of the Departments have increased their productivity and are preparing to meet the budget crunch and implement these suggestions to make this work so that it will be in operation this year and following years. Mayor Jarstad stated such a study was timely because we have not had the dollars to put into municipal government and will give us a tool in which to justify some of the layoffs, jobs that will not be filled, and changes in operation to reflect manpower savings. Motion by Mayor Jarstad and Commissioner Swanson to accept preformed work by J. W. Cowley, carried unanimously. Commissioner Stewart commented on "Belt Wave Bandits" referring to 60 Minutes presentation on consultants and said some studies did not produce anything for the City. He stated each Department Head should meet 6 months from now on areas that have not been implemented to get full benefit from this study. Motion by Commissioner Stewart and Mayor Jarstad to have a review with the Department Heads within 6 months to determine what has or has not been implemented, carried unanimously. Recessed 10:35 a.m.; reconvened 11:00 Tape 203 (A) 0004 · BID OPENINGS Tree Planting: · Bear Paw Foresters, bid check enclosed, $18,954.34 · Rainier Reforesters, Inc., bid check enclosed, $17,422.65 Motion by Commissioner Swanson and Mayor Jarstad to award to the low bidder subject to approval of Chuck Moore, City Attorney, and Purchasing Agent to get underway by December 8, carried unanimously. Chlorine & Ammonia: · Pennwalt Corporation, bid check enclosed · Jones Chemicals, Inc., bid bond enclosed. There are various schedules within each bid. Copy on file in the Clerk's office. Motion by Commissioner Swanson and Mayor Jarstad to forward to Purchasing Agent and Heads of utilities using chlorine and ammonia for review and recommendation, carried unanimously. Security Guard Services: · Pinkerton's Inc., bid check enclosed, Garage: monthly $1,081.25; hourly $6.75. Parking and armed services for bank only. Motion by Commissioner Stewart and Mayor Jarstad to award to Pl--~rton's Inc., carried unanimously. Office Machine Maintenance: · Al's Office Machine, bid check enclosed, various prices per hour, 10% discount on parts. Copy on file in Clerk's office. · Peninsula Stationers, bid check enclosed, $30/hr except on electric or Electric IBMs which is $35/hr, 40% discount on parts. 'Tri-County Business Equipment, bid check enclosed, $30/hr, 15% discount on parts. Motion by Commissioner Stewart and Mayor Jarstad bids be sent to Purchasing for review, carried unanimously. CITY COMMISSIONERS' MEETING MINUTES December 2, 1980 Page Five · LIBRARY FUNDING Tape 203 Mayor Jarstad introduced Irene Heninger, Librarian, stating they (A) 0427 had met last week along with the City Treasurer and Attorney regarding payment to the Library Board. City Attorney McCluskey described the formula and said the City of Poulsbo and Winslow have amended their contracts and came up with a new formula whereby there is a certain percentage increase each year instead of waiting on a 4-year basis for reappraisal by the Assessor's Office instead of making it a large lump sum payment. McCluskey said the formula gives us a steady increase on a per-year basis in conjunction with the County assessment and we cannot over the 4-year period exceed what the one increase would be on the re- assessment. We will always be equal to or less than the reassess- ment. However, next year, under the new formula, we will pay more than we paid this year but under the old formula we would have paid less because we have not been reassessed. Mrs. Heninger said the contract would be reviewed at the end of 4 years and the contract could be broken with a six month due- notice. Discussion followed by the Commissioners with questions addressed to Mrs. Heninger. Commissioner Stewart said he would have City Treasurer run a computation of investment interest on this contract. Mayor Jarstad stated the Council would make a decision in the next 2-3 weeks. · CHANGE ORDER #8 - PINE ROAD SEWER INTERCEPTOR Clerk presented above-referenced Change Order for Project No. C-530-837-01-1, Hanson Excavating Co., Inc., for project located at Lebo Blvd. & Lions Field. This change order is a compilation of all previous change orders. Motion by Commissioner Swanson and Mayor Jarstad, to approve above change order, carried unanimously. · CHANGE ORDER #1 - WESTPARK TENNIS COURTS Clerk presented above-referenced Change Order, Contract No. 2016, Ryan Built Contractor. This Change Order increases the clearing and grubbing item to provide for the completion of the land- scaping at the conclusion of the contract work. This increases the contract price by $1032.44 to a total of $109,738.90. The funds are available through the Parks and Recreation Department. Motion by Mayor Jarstad and Commissioner Swanson to approve above Change Order, carried unanimously. · RIGHT OF WAY - 6TH STREET & NAVAL AVENUE Clerk presented documents for approval pertaining to property owned by Mr. & Mrs. Tempio which are needed for right-of-way purposes so as to improve the traffic flow at the above-referenced intersection. The funds for this Right of Purchase are available in the Arterial Street Budget. Motion by Commissioner Swanson and Mayor Jarstad to approve above documents, carried unanimously. · RIGHT OF WAY - OLYMPIC COLLEGE BY-PASS Clerk presented documents for approval pertaining to Parcel #1 (Gillette) and Parcel #2 (Reed) which pertain to the right of way necessary for the Olympic College By-Pass. These purchases were authorized by the City Council on October 14, 1980. The funds are available in the Arterial Street Budget. Motion by Commissioners Swanson and Stewart to approve above documents, carried unanimously. CITY COMMISSIONERS' MEETING MINUTES December 2, 1980 Page Six · EXPANSION OF NO. 1 FIRE STATION Clerk presented memo dated 11/25/80 from Fire Chief stating the property recently acquired for expansion of headquarters fire station has a small 3-bedroom home and a single-car garage. The Architect has determined these buildings are not usable as part of the construction. Clerk stated Ken Attebery, Planning Dept., has expressed some interest in looking at this home for KCAP's emergency housing needs. Motion by Mayor Jarstad and Commissioner Stewart that the City surplus building and have City Clerk dispose of it in the best interest of the City, carried unanimously. · STREET LIGHTS IN FOREST RIDGE PARK Clerk read memo dated 11/21/80 from the City Engineer stating Puget Power has reviewed the location of the desired lights in Forest Ridge Park. They can and will install the lights, under- ground cable and 2 concrete standards for $2,092.13 providing the City will perform the trenching for the cable installation. The trenching work will be done by the City Parks and Recreation Department as approved by the Parks Director. As Puget Power is the sole source for street lights in the City, the City Engineer recommends the installation of the street lights and that the cost of installation be charged to Street Lights Account No. 542-63-37-00. Motion by Mayor Jarstad and Commissioner Swanson to approve installation of above street lights, carried unanimously. · OFFER OF GRANT AWARD Clerk presented memo dated 12/1/80 from Grants Administration for approval of proposed contract between the State Dept. of Transportation and the City of Bremerton. The purpose of the referenced grant is to provide financial assistance to the City of Bremerton in order to conduct an overall transit improvement study for Bremerton Municipal Transit. The amount of the grant offer is $10,400.00 which is 80% of the total estimated project cost of $13,000.00. Motion by Commissioners Stewart and Swanson to pass. Under discussion: Commissioner Stewart stated he wanted to work with the school district;if we do get a merger there will be some route changing. Mayor Jarstad stated he didn't want to have motion intermingled with something that isn't in the contract. Commissioner Swanson stated there should be some communication between this and the Subregional Council Arterial Streets study. Motion carried as follows: Mayor Jarstad, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. · OVERHAUL OF WHITE BOOM TRUCK Clerk read memo dated 12/1/80 from Water Supt., Chuck Moore, stating the 1973 white boom truck was purchased about 4 years ago used. It was used 2 yrs. as a logging truck and then con- verted to a boom truck with an extendable hydraulic boom. The truck has clutch, transmission, and front end problems; the diesel engine needs tuning up and injectors; and other minor problems. He has checked with the City Garage as to making the repairs. The Garage Supervisor advised him to check with a reputable truck shop. Kenworth Truck Co. was phoned and they gave an estimated cost of $4,500 and are qualified to do repairs immediately. (cont.) CITY COMMISSIONERS' MEETING MINUTES December 2, 1980 Page Seven o OVERHAUL OF WHITE BOOM TRUCK (continued) Discussion followed by the Commissioners and Chuck Moore. Mr. Moore stated it was difficult to predetermine at this time what amount of repairs would be needed until the truck was actually disassembled. McCluskey said that any repairs over $2,000 must be on bid call unless there existed an emergency. Moore stated this was an emergency, the trucks use is needed now. Motion by Commissioners Stewart and Swanson to declare this situation an emergency and repairs be made, carried unanimously. Mayor Jarstad excused himself from the meeting due to attending a meeting with the Chamber of Commerce Budget Task Force to review the City budget. Mayor Jarstad wanted to report also he did meet with the General Services Administration Task Force in his office re: utilization of property on Shorewood Drive for the location of the new fire station. This land must be declared as surplus to the City's open-space and recreation needs. Mayor Jarstad asked the Council for authority to sign letter of intent to the American Heritage Foundation, formerly Outdoor Recreation Federal Agency. Motion by Mayor Jarstad and Commissioner Stewart to declare this property surplus and letter of intent to be signed by Mayor Jarstad, carried unanimously. Mayor Jarstad stated the budget is now in the black and has dropped down from the $102,000 due to Department cuts. However, the labor settlement will push us beyond that figure and will concern the City with some very serious budgetary cutbacks in the next 2-3 months to come up with a balanced budget. Mayor Jarstad stated there was a lot of concern regarding low- head hydro. He said some major provisions have been made in the Northwest Power Bill. There will be a report shortly. He thinks it is wise the City postpone any decision until Congresss takes action on the Power Bill. He said there are areas in the new Legislation to be able to go into the power-generating business as a utility on your own and is mandating that whoever is the supplier of electric power in the area must buy from them at the highest-rated cost in the area. There are also areas in the North- west Power Bill that gives assistance of direct grants to those municipalities such as the City of Bremerton that wish to have complete control of their own generating facilities. These facts will be presented so that everyone will be able to offer input. Commissioner Swanson brought up unfinished business before Mayor Jarstad left concerning police commission for Jerry Wheeler which Tape 203 was brought up at the November 18 Council meeting. Commissioner (A) 1686 Swanson stated that because of some problems in his area getting compliance he recognizes a limited commission is of value. I have talked to Jerry Wheeler and the Police and I feel it is appropriate I would like to see us consumate the problem at this time and I so move, seconded by Commissioner Stewart. Under discussion: Police Chief Devery said he has conferred with Jerry Wheeler and Assistant City Attorney Ryan and are revising the Ordinance to take the jail penalty out of it and possibly the fees higher. This will be resolved and taken care of in the next couple of weeks. Discussion followed by the Commissioners and Chief Devery regarding limited commission as designated by the Chief of Police giving Wheeler authority to be able to write a citation the same as the Humane Society does. (continued) CITY COMMISSIONERS' MEETING MINUTES December 2, 1980 Page Eight o POLICE COMMISSION FOR BUSINESS LICENSE INSPECTOR, JERRY WHEELER (continued) Mayor Jarstad expressed concern over the liability of the City. If someone has arrest power we could have lawsuits on our hands. Commissioner Stewart stated he wanted a commission for the Business License Inspector like the Humane Society has. He stated that he does not want the criminal penalties taken out. Commissioner Swanson stated that we can require a bond and there are restrictions that can be put on it. Mayor Jarstad reiterated that this is a limited commission and that a full commission requires the training given our police officers. Motion by Commissioners Swanson and Stewart to have Business License Inspector have a limited commission to write business license citations. Under discussion: Mayor Jarstad ask if Chief Devery would spell out what "limited" means. Chief Devery stated they are trying to have a workable ordinance so that the City Attorney would be able to prosecute. 12:20 p.m. Mayor Jarstad excused himself to attend another meeting. Commissioner Swanson stated he would like to review the limited powers as designated by the Chief of Police. Motion carried as follows: Commissioner Stewart, yes; Commissioner Swanson, yes. · BID AWARDS Clerk read memos from Assistant Purchasing Agent recommending awards to: Andor Distribution Co. (Standard Oil) on all grades of gasoline and solvent as the low and acceptable bidder. Motion by Commissioners Swanson and Stewart to award bid to Andor, carried unanimously. Wilkins Distributing Company (Texaco Co.) on lube oils and greases as the low and acceptable bidder. Motion by Commissioners Stewart and Swanson to award bid to Wilkins, carried unanimously. Bremerton Sun Publishing Co., as the only bidder and acceptable to the City for official publications. Motion by Commissioners Stewart and Swanson to award bid to Bremerton Sun, carried unanimously. · ORDINANCE NO. 3613 - APPROPRIATING ADDITIONAL FUNDS FOR 1980 Clerk read, first reading, "AN ORDINANCE of the City of Bremerton, Washington, amending Ordinance No. 3567, as amended by Ordinance Nos. 3588, 3590, 3599, and 3609, appropriating additional funds for the year 1980, and declaring an emergency." Motion by Commissioners Stewart and Swanson to pass Ordinance 3613 on the first reading declaring an emergency, carried as follows: Commissioner Stewart, yes; Commissioner Swanson, yes. · LEASE RENEWAL Clerk read letter dated 11/12/80 from Pat Estabrook requesting lease of the basement rooms of the City Library Building, 612 5th Street, be renewed. Current lease expires December 31, 1980 and request is made at this time to coincide with annual American Contract Bridge League franchise license renewal. Letter requests lease be renewed at current monthly rate. Motion by Commissioners Stewart and Swanson to approve lease and increase rent based on consumer price index, carried unanimously. CITY COMMISSIONERS' MEETING MINUTES December 2, 1980 Page Nine · TRAFFIC SIGNAL - WHEATON WAY AT LEBO/CHERRY Clerk read memo dated 12/1/80 from City Engineer requesting approval of documents for above referenced project. These documents will then be submitted for funding consideration by the Department of Transportation officials in Olympia. Motion by Commissioners Swanson and Stewart to approve documents for above project, carried unanimously. · RESOLUTION NO. 1881 - KITSAP LAKE RESTORATION PROJECT/GRANT APPLICATION Clerk read, "A RESOLUTION authorizing the filing of a joint appli- cation with the Environmental Protection Agency of the United States of America, and the State of Washington for a Planning Grant under the Federal Clean Water Act, as amended, and the State Referendum 26 Program, to aid in the financing of the proposed Kitsap Lake Restoration Project." Motion by Commissioners Stewart and Swanson to pass Resolution No. 1881, carried as follows: Commissioner Stewart, yes; Commissioner Swanson, yes. · LETTER FROM MENTOR CONSTRUCTION COMPANY Clerk read letter from Joe Mentor, Mentor Construction Company, dated 11/26/80. Copy of letter on file in Clerk's office for review. This letter basically states he is pessimistic about the outlook for downtown Bremerton. Somewhere along the line he thinks someone should either instigate the "Mentor plan" or some other plan that is within our financial and entrepreneur ability. · REVENUE SHARING HEARING MINUTES Motion by Commissioners Stewart and Swanson to approve November 25, 1980 Revenue Sharing Hearing Minutes, carried unanimously. · COMMISSIONERS REPORTS Commissioner Swanson: Commissioner Swanson discussed the hedious maze of piping they are now uncovering in the catch basins which were installed in 1913. City Attorney McCluskey: City Attorney McCluskey said he has an Ordinance that will need passage next week on an emergency basis. This concerns adoption of the Washington Model Traffic Code which goes into effect January 1, 1981. Discussion followed with questions by Commissioner Stewart regarding Initiative 62 which is to protect local government from these kind of mandates. McCluskey stated that in reference to the letters presented earlier in the meeting by Mr. Mussman, the individuals listed in Mr. Pinckney's letter are not the same individuals he was investi- gating complaints for. Commissioner Stewart: Commissioner Stewart discussed the 10-year contract that Brem-Air wants the City to enter into and wanted the public to be aware of this before making a decision. City Clerk stated this issue will Tape 203 be discussed at the December 30 Council meeting. (A) 2312 Meeting adjourned 12:40 p.m. APPROVED: KATIqLEEN L. MANDIO, City Clerk GLENN K. JARS~D, Mayor