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HomeMy WebLinkAbout12/23/80 .... UNA_.I,PROVEb MINUTES CITY COMMISSIONERS' MEETING MINUTES December 23, 1980 Tape205 Regular meeting of the City Commissioners of the City of Bremerton, (B) 0000 Washington, was held in the Council Chambers at City Hall, 239 Fourth Street on Tuesday, December 23, 1980, at 9:15 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 Mayor Glehn K. Jarstad. · MINUTES OF DECEMBER 16, 1980 Motion by Mayor Jarstad and Commissioner Swanson to approve Ml'~s as presented, carried unanimously. · SEPARATION Randy L. Manus, Fire Dept., Probational Firefighter, 12/8/80. · NOTICES OF EMPLOYMENT William Parker, Engineering Dept., Temporary-parttime Acting City Engineer {appointment expires 6/30/81), $14.50/hr, 1/1/81. Stephen E. Alexander, Municipal Court, Judge, $12.57/hr, 12/17/80. Jeffery James Buell, Parks & Recreation Dept., Seasonal Score Keeper, $3.10/hr, 12/15/80. Motion by Commissioners Stewart and Swanson to approve above Separation and Notices of Employment, carried unanimously. · EMPLOYEES RETIREMENT FUND , Motion by Mayor Jarstad and Commissione~ Stewart to approve December 1980 Employees Retirement Fund in the gross amount of $2,738.13, audited by John Ross, carried unanimously. · ~ONTRACT #1964 TIME EXTENSION NORTH KITSAP GRAVEL & ASPHALT COMPANY Clerk read memo from Engineering Dept. for the llth & Naval Inter- section Improvement project of above referenced contract. Engineer- ing is in receipt of letter from North Kitsap Gravel & Asphalt requesting a contract extension to February 1, 1981 to complete entire project. Motion by Commissioner Swanson and Mayor Jarstad to approve above request for contract time extension. Under discussion: John Livingston, KBRO Radio, asked about parking restrictions. Commissioner Swanson recommended Captain Brown look into this and make recommendation along these lines. Vote carried unanimously. · FIRST AMENDMENT - 6TH AND CALLOW CITY/COUNTY AGREEMENT GC4858 Clerk presented from Engineering the first amendment to the above referenced Agreement. This amendment reflects the Federal Govern- ments revised policy of not reimbursing indirect project costs to local agencies for projects obligated on or after October 1, 1980. The subject funds have not as yet been obligated by the Federal Government. Motion by Commissioners Stewart and Swanson to approve above amendment, carried unanimously. · BREMERTON SUBAREA TRANSPORTATION STUDY CONTRACT PSCOG C'~erk presented'from Engineering a proposed contract between the City and PSCOG for the Bremerton Subarea Transportation Study to be performed by Entranco under tile combined direction and financing of WSDOT, Kitsap PTBA, City of Bremerton and PSCOG. City funds are being provided by a FAUS grant with matching monies from the Arterial Street Fund 101. Motion by Commissioner Swanson and Mayor Jarstad to approve above contract, carr-ied unanimosuly. DEC 301980 CITY COMMISSIONERS ~EETING MINUTES December 23, 19~0 Page Two · FINAL PLAT APPROVAL OF AUTOCENTER INDUSTRIAL PARK Clerk read memo from Engineering and Planning Departments stating all conditions of the subject preliminary plat have been satisfied and recommend approval of the final plat. Chuck Thiery, Puget Sound Beverage, stated that there was an agree- ment that he would be reimbursed by the applicant for 50% of the cost of the sewer line. He has not been reimbursed and would like to have approval of the plat held until such time as he is paid. Mr. John Bloomquist, 643 N.W. Loffell, stated that the applicant had just received a correct billing and that payment will be made after review. Motion by Commissioners Swanson and Stewart to hold for one week un"~matter is resolved, carried unanimously. · RESOLUTION 1884 INCREASE OF BENEFICIARY RETIREMENT DISTRIBUTION Clerk read memo from City Auditor stating as of November 30, 1980 the cash balance of the Employees Retirement Fund was $4,759.00 and low yield investments in the amount of $445,651,000, mostly corporate bonds.issued in the 50s and 60s maturing after 1990. Even if investments must be sold at a loss, pensioners paid into this fund and a 10% increase effective 1/1/81 is recommended. Clerk read, "A RESOLUTION relating to increase Of beneficiary ~etirement distribution." Motion by Commissioner Stewart and ~ayor JarStad~to passRe~Olution 1'~, carried as follows:. Mayor Jarstad, yes; Commissioner Swanson, yes; Commissioner Stewart, yes. · RESOLUTION 1885 REQUIREMENT OF DEFENSIVE DRIVING TRAINING FOR CITY EMPLOYEES Clerk read memo from Safety Committee Chairman stating the Safety Committee was established by Council Resolution 1676 on February 4, 1976; however, recent poor attendance'and lack of departmental response to requests reduces the effectiveness of the Committee. Also, some departments are probably unaware of required OSHA reports. It is requested that Council take whatever action deemed necessary to insure departmental involvement in the safety program. In addition, Great American Insurance Company requested, sometime ago, that a firm policy be established regarding defensive driving instruction. Therefore, it would be appropriate the City Council establish, by resolution, that all City employees who drive City vehicles be required to take defensive driving training. Clerk read, "A RESOLUTION to require defensive driving training for City Employees." Motion by Commissioners Swanson and Stewart to pass Resolution 1885, carried as follows: Mayor Jarstad, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. · OUTSIDE UTILITY AGREEMENT THE QUADRANT CORP., PINE RD. BETWEEN ROSWELL DR. AND NORMANDY DR. Clerk presented from Engineering Dept. an application for an Outside Utility Agreement for a sanitary sewer connection for Quadrant's proposed 52 family unit subdivision on Pine Road. The application complies with exemption #2, "An existing sewer line abutts a property owners property", of Resolution No. 1767. Motion by Commissioner Swanson and Mayor Jarstad to approve above outside utility agreement, carried unanimously. CiTY COFJ, IISSIONERS' MEETING MINUTES December 23, 1980 Page Three · AMBULANCE INITIATIVE FILING - RESOLUTION 1886 City Attorney McCluskey stated it was his responsibility to prepare the ballot title in the form of a Resolution for the ambulance initiative. If the initiative is viewed as a whole it should be discarded because: (i) An ordinance or law is limited to containing only one subject matter. The title itself contains the words ambulance and m~dical service. The body discusses subsidy, an ordinance, the Fire Department and billing requirements. This violates ?ape205 the one subject matter provision. (B) 0665 (2) State law only allows the initiative process to be invoked where the proposed ordinance is legislative in character. The · termination of a subsidy is not making new law and is temporary and special in character when it is specifically directed at one business. The repeal of an ordinance already repealed makes no law. The allowing of the Fire Department to transport people when it is already allowed to do this makes no law. (3) The first sentence of the measure which specifically refers to one company would if passed be creating a law which would be in violation of the 14th Amendment. This could subject the City 6f Bremerton and its citizens to a federal law suit for the violation of an individuals civil rights. Using the approach of analyzing the measure sentence by sentence to see if any one or combination of sentences could be appropriately placed in p~oposi~ion form, McCluskey stated he has arrived at the present resolution and ballot title. He e~mina~ed the first sentence for reasons already stated and because if it is taken individually, it appears that the City Council has already acted by eliminating the subsidy to Leyde Enterprises over four months ago. He eliminated the second sentence for the same reason because the ordinance con- cerning a master ambulance license was repealed some two years ago before the initiatiye was even started. He eliminated the third sentence because this authority already exists and is being used. In addition the sentence does not create a law, it merely grants a power which is already vested. The last three sentences although somewhat vague and ambiguous do require'legislative action concerning the billing for services which in the past have not been charged to the individual users. The establishment of the Fire Department emergency medical services division upon a business type basis could be the subject of an initiative measure and therefore could properly be placed before the voters. He felt that the last two sentences although not appearing to make any sense and being ~ery ambiguous could be tacked on to the main thrust of the initiative because they related to the same subject matter. Clerk read, "A RESOLUTION of the City of Bremerton, Washington, providing for the submission to the qualified electors of the City at a special election to be held on March 10, 1981, of an initiative authorizing the Bremerton Fire Department in response to an emergency medical call to bill people for services given to recover at least 50% of direct costs for labor and materials with the provision of a reduction in rate if over 10% profit is received and filing of costs vs. expenses and rates charged with the City Clerk each January and declaring an emergency." Motion by Mayor Jarstad Commissioner Swanson to pass Resolution 1886. Under discussion: Commissioner Stewart discussed Initiative 208 and the variety of different legal opinions. City Attorney McCluskey stated that Dr. Campbell of Municipal Research and Services agreed with his legal opinion and the ballot title. Mayor Jarstad stated he appreciates the City Attorney's hard work, that he does not want to expose the taxpayers to a possible law suit. Question called on motion: Mayor Jarstad, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. (continued CITY COMMISSIOiXERS ' MEETING MINUTES December 24, 1980 Page Four o AMBULANCE INITIATIVE FILING RESOLUTION 1886 (continued) Commissioner Swanson stated that it has been made clear the public does not want a subsidy and he asked the City Attorney if the Commissioners could enact an ordinance to eliminate all subsidies and that ordinance could only be repealed by the voters. Mr. McCluskey stated in order to be repealed by the voters it must be brought by vote of the public. He stated an ordinance can be submitted by the CounCil for a vote but it would be separate from the initiative. Motion by Commissioners Stewart and Swanson to have an ordinance prepared to be submitted to the people to eliminate all subsidies and monopolies in the future and that it run with the other ballot to save the taxpayers money!. Under discussion: Mayor Jarstad expressed concern that a monopoly could be created by businesses exercising free enterprise. Question called on motion: Mayor Jarstad, yes; Commissioner Swanson, yes; Commissioner Stewart, yes. PUBLIC RECOGNITION Richard A. Jandzinski, Court Commissioner, Bremerton Municipal Court, requested the Council to carry over 22 days unused leave. Motion by Mayor Jarsta~ and Commissioner Stewart to grant leave carryover, carried unanimously. Bill Littlejohn, Olympic Ambulance, appeared before the Council regarding Claims for Services rendered and wanted guidelines as to what to expect when transporting CenCom-requested patients who cannot pay to the hospital since there would be no subsidy and he is providing a service to the City. Littlejohn stated he didn't want to be required to have forms filled out at the scene in order to be assured he would be paid, and he didn't mind attempting to bill. Clerk read bills submitted for Littlejohn in the ~mount of $217.50. Both of these bills are for responding ~o a call from CenCom on November 19 ~nd 21, 1980. City Attorney McCluskey stated this was the same problem Leyde approached the City with. It was his impression that the Council said not for Leyde to raise rates for recovering uncollected bills, the City would give a flat fee and other citys do it on the basis of uncollectables. McCluskey stated reimbursing Olympic would be considered a subsidy. John Livingston, KBRO, asked if this was only for Olympic or any private company. The Commissioners stated this would be for any company. Mayor Jarstad stated he wanted to work out guidelines and talk to Department heads and come up with the best solution and will report back to Council. 10:30 a.m. - Recessed. 10:43 a.m.-Reconvened. SINCLAIR INLET LEASE Clerk read letter dated 12/1/80 from To D. Bond, Corporate Counsel, Hoffman Construction Co. regarding lease of City property. Clerk read changes to be made to lease by Hoffman Construction Co., in particular a security fence around the boundary of the property being leased. Copy of proposed changes to lease on file in the City Clerk's office. Motion by Commissioner Swanson and Mayor Jarstad that chan es to lease reasonable and accept new lease, carried unanimously. are LETTER FROM JEAN CLARK, SANNES CONSTRUCTORS Clerk read letter dated 12/17/80 from Jean Clark expressing complaints to the parking situation in Bremerton. The Commissioners directed the City Clerk and the Mayor to respond to this letter. CITY COMMISSIONERS' MEETING MINUTES December 23, 1980 Page Five · GOLD MOUNTAIN GOLF COURSE LEASE Clerk read memo from Water Supt. stating the City is putting a test well down near the Police pistol range. If there is a good aquafer in this location, we will put a well near the hold pond. Mr. Tyson, who holds the lease, has verbally agreed they would operate and maintain the well once the City placed the well in operation. It will probably be thirty to sixty days before a well location could be made. Clerk read letter dated 12/18/80 from Nile E. Aubrey, Attorney representing Mr. Ken Tyson, leaseholder, stating conditions to be met since his client has exercised his option to renew the lease of the Gold Mountain Golf Course for an additional 10 years. Discussion followed with the Commissioners and Mayor Jarstad asked this lette"r be referred to ~he City Attorney and the Parks Depart- ment Superintendent for to obtain additional information. · LETTER FROM ROBERT L. MUSSMAN AND WILLIAM M. AMO RE: CHARTER AMENDMENT City Clerk read a letter from Robert Mussman and Bill Amo request- iDg a charter amendment regarding the City Attorneys. The letter expressed concern regarding the Attorney's Office representing other clients besides the City. Mayor Jarstad asked for comments from Mr. Mussman and Mr. Amo. They declined. Commissioner Stewart suggested that this be considered or denied today. Mayor Jarstad discussed the City Charter and the Mayor's involvement in the~Police and prosecution field. "The people who drew up the Charter gave the Mayor authority in the area of public safety to include appointing the City Attorney and Judge. The Mayor is given responsibility as one person to see that laws are enforce~. Everything is done by majority rule and democratic government, but they are suggesting all 3 Commissioners would have to agree every January who they wanted for the City Attorney and assistants." He stated both of you are bitter at Mr. McCluskey, and he is disappointed their judgment could be swayed as to how constitutionally we operate the Legal Department of the City. "The Council now has authority to direct the City Attorneys. It is a good system with an outstanding track record." Bill Amo, 238 Willis,-stated he did not have hard feelings against Mr~ McCluskey. He stated he raised the issue of an attorney who represented the City only back when he was appointed to the Planning Conmlission. He said at no time has he indicated any ani- mosity toward Mr. McCluskey and would appreciate it if the Mayor would retract his statement. He said it is the system, not the man. Bob Mussman, 534 Juniper, stated he takes offense at what was said and that he has no animosity toward Mr. McCtuskey and that he never said he hated him and asked for a retraction. Mayor Jarstad stated his statement stands that in his judgment that was exhibited. Mr. Mussman said he never said that he hated anyone and that he has hate for only one person and t~e Mayor knows who that is. Commissioner Swanson stated he discussed the proposed amendment with other attorneys not associated with the City and who have expressed interest in the job. They felt and he feels that this is not workable for an efficient legal system. He stated he could foresee Council debating for 12 months over who the attorney would be. "Not too many attorneys would want us to have the power over their assistants. They would want to pick who they work with. There a~e a number of things in the Amendment that are not in the best interest of the City." Mayor Jarstad stated we will study it and make a decision later. He asked for any public input as requested in the newspaper by the signers of the letter. There was none. CiTY COMMISSIONERS' MEETING MINUTES December 23, 1980 Page Seven ® LETTER FROM ARCADIA ASSOCIATES Clerk read letter dated 12/18/80 from Arcadia Associates stating the letter formalizes their proposal for assistance to the City of Bremerton in converting existing City files to the system outlined in the Draft Files Manual. Direct on-site assistance will be provided by William Mullins, Records Management Intern, at the rate of $900 for 3 months. Conversion will proceed on a department-by-department basis. The order of work will be laid out so as to be convenient for City personnel and minimize the need for cross-departmental coordination. Actual conversion will occur in cooperation with designated departmental and city records management personnel. Motion by Mayor Jarstad and Commissioner Stewart to enter into contract for direct on-site'assistance, carried unanimously. ape205 A) 0000 s ORDINANCE 3616 - FIRST READING - APPROVING AND ADOPTING THE FINANCIAL BUDGET Clerk read, first reading, "AN ORDINANCE of the City of Bremerton approving and adopting the financial budget for the several funds of the City Government for the City of Bremerton for the fiscal year 1981 and appropriating the amounts set forth in said budget to each fund in accordance with RCW 35.33.075." Motion by Mayor Jarstad and Commissioner Swanson to approve Ordinance 3616 on the first reading, carried as follows: Mayor Jarstad, ye~; Commissioner Swanson, yes; Commissioner St'ewart, yes. BID CALL - WELL ~8 TRANSMISSION MAIN Clerk read memo from Water Supt. statin~ plans and specifications have been completed for the Well #8 Transmission Main. This project is part of the Water Utility's improvement to Bremerton's source of supply. The project has been reviewed and approved by the Dept. of Social and Health Services and the City Attorney's office. Motion by Commissioner Swanson and Mayor Jarstad to authorize the City Clerk to call for bids, carried unanimously. ORDINANCE 3617 - CERTIFICATION OF LIMITED SOLID FUEL BURNING APPLIANCE INSTALLERS Clerk read, first reading, "AN ORDINANCE amending Ordinance No. 3607 to provide for certification of Limited Solid Fuel Burning Appliance installers." Motion by Commissioner Swanson and Mayor Jarstad to approve Ordinance 3617 on first reading, carried as follows: Mayor Jarstad, yes; Conm~issioner Stewart, yes; Commissioner Swanson, yes. ORDINANCE 3618 DECRIMINALIZATION OF REGULATORY LICENSES Clerk read, first reading, "AN ORDINANCE amending Section 5 of Ordinance 133; Section 12 of Ordinance 200, as amended by Section 1 of Ordinance 1894; Section 7 of Ordinance 347; Section 10 of Ordinance 465; Section 7 of Ordinance 653; Section 7 of Ordinance 749; Section 4 of Ordinance 863; Section 10 of Ordinance 882, as amended by Section 8 of Ordinance 1531, as amended by Section 2 of Ordinance 2161; Section 3 of Ordinance 920; Section 17 of Ordinance 970; Section 5 of Ordinance 1382; Section 5 of Ordinance 1442, as amended by Section 2 of Ordinance 2156; Section 7 of Ordinance ].513; Section 13 of Ordinance 1521; Section 21 of Ordinance 1524; Section 6 of Ordinance 1662; Section 6 of Ordinance 1777; Section 8 of Ordinance 1778; Section 7 of Ordinance 1842, as amended by Section 4 of Ordinance ]908; Section 27 of Ordinance 1917; Section 15 of Ordinance 2019; Section 15 of Ordinance 2169; Section 8 o£ Ordinance 2177; Section 109 of Ordinance 2202; Section 6 of Ordinance 2875; Section 35 of Ordinance 2888; Section 18 of Ordinance 3012; Sec[ion 15 of Ordinance 3187 and Section 4 of Ordinance 3517 relating to penalities for violations of such ordinances." (continued) CITY COMMISSIONERS' MEETING MINUTES December 23, 1980 Page Eight o ORDINANCE 3618 (continued) Motion by Commissioner Stewart and Mayor Jars6ad to approve Ordinance 3618 on first reading, carried as follows: Mayor Jarstad, yes; Commissioner Stewart, yes; Commissioner Swanson, yes. BILLS Motion by Commissioner Stewart and Mayor Jarstad to approve Vouchers 20614 thru 20616 inclusive in the amount of $23,683.54, and Vouchers 20621 thru 20740 inclusive in the amount of $364,252.61, audited by John Ross, carried unanimously. · COMMISSIONERS REPORT Commissioner Swanson stated that Ken Brees, Street Superintendent, will give the press the schedules when the City will be picking up Christmas trees. Mayor Jarstad announced to the press and radio that there would be a recessed executive session at 2:00 p.m. today to discuss labor negotiations. Mayor Jarstad reviewed the year 1980 with the passage of the Fire Station levy, the Paramedic levy, and compli- mented the Legal Department on the amount of work done in the past year. 'ape.205 A) 0677 Recessed 11:55 a.m. until 2:00 p.m. for Executive Session. APPROVED: