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HomeMy WebLinkAbout09/25/85TAPE #284 .... ,--, UNAPPROVED DRAFT #0070 · #0121 #0159 CITY COUNCIL MEETING MINUTES September 25, 1985 The regular meeting of the City Council of the City of Bremerton was held in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, September 25, 1985, at 5:30 p.m. with Council President Art Anderson presiding. Present were Councilmen E.L.Sturdivant, Phil Drouin, Spencer Homing, Clyde Pachek, Roy Mosely, Russ Johnson and Jim Adrian. Also present were Mayor Morrie Dawkins, City Attorney Bill Broughton and City Clerk Kathleen McCluskey. Absent was Councilman Bill Amo. The meeting was opened with the Pledge of Allegiance, led by Council President Anderson with the Invocation given by Councilman Johnson. Council President Anderson noted that Agenda Bills #8C - Gold Mountain Fee Structure was not on the Agenda but will be heard, along with Agenda Bills #gF and #gG, both Resolutions, which were not on the agenda, dealing with "Clean Water" and one dealing with "Ferry Service". CONSENT AGENDA Item #A - Minutes of September 18, 1985, #AB85-396; item #B - Recommendation for Award - Professional Services for Utility Land Management Plan, #AB85-397; Item #C - Upward Negotiated Equipment Trade-In regarding the acquisition of a new backhoe, #AB85-398, and #D - City Hall Elevator - Contract #2511, #AB85-399. M/S/C/U/(Sturdivant/Adrian) to approve Agenda Bills #A, #B, #C & #D, as presented. Item #E - Change Order #1, Contract 2600 Gold Mountain Golf Course - Window Replacement, #AB85-400; Although City specifications were accurate for the bid process, misunderstanding between contractor and City representative on walk through resulted in the contractor bidding on first floor windows rather than specified second floor windows. Change order #1 results in an increase of $1,417.57 to the initial contract which is still below the 2nd lowest bidder's submittal. Staff recommended approval. · M/S/C/U/(Pachek/Sturdivant) to approve Change Order #1, Con- tract #2800 - Gold Mountain Golf Course window replacement. Item #F - Acceptance of Contract C-8, Pump Station 13, #AB85-401, which acceptance of the contract will initiate close-out proceedings and provide for release of retainage amounts, with subsequent reduction in staff impact; Item #G - Change Order No. 20 to Contract C-l, #AB88-402, which consolidates 36 changes into one change order and directs the contractor to perform the work as per the attached listing, available in the City Clerk's office, which will increase the contract by $41,672.00; Item #H - Change Order No. 19 to Contract C-5, #AB85-403, which directs the contractor to perform items 1A, 1B, 2 and 3 indicated in the attached documents, on file in the Clerk's office, increasing the contract by $9,184.20, and the contract time increased by one calendar day each for Items 2 and 3, and Item #I - Change Order No. 5 to Contract C-8, #AB85-404, presented to finalize the final contract price and completion'dates, as well as a time extension. · M/S/C/U/(Drouin/Adrian) to approve Wastewater Facilities Construction Project Change Orders, #F, #G, #H & #I. TAPE #284 ~ City Counci ~eg. Mtg. Minutes September 25, 1985 Page 2 of 8 UNAPPROVED DRAFT #0180 · CLAIMS/WARRANT REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Council. M/S/C/U/(Drouin/Horning) on September 25, 1985, the Council, by a unanimous vote, does approve for payment those vouchers included and further described as follows: voucher numbers 14972 - 15121, in the total amount of $348,965.02, and Payroll Register, in the total amount of $302,068.85. MAYOR'S REPORT Mayor Dawkins presented a Proclamation, accepted on behalf of Bremer's Inc. by Pete Flynn, Mainstreet Association for Rich M Donald, designating Wednesday, September 25, 1985, as "proud~citizens of Bremerton, dedicating the facility known as the='~agle's Building. ATTORNEY'S REPORT - None COUNCIL MEMBER REPORTS Councilman Johnson noted that the Budget Hearings/reviews will commence on Monday, September 30th, at 6:00 p.m. in the Council Conference room. He addressed the major problems facing the City of Bremerton in the immediate future. Ms. McCluskey noted that she is working on the scheduling. Councilman Johnson stated there should be reiteration about the water crisis as he noted individuals and businesses using liberal amounts, contrary to the restrictions, still in effect. Councilman Drouin distributed minutes from the Wastewater meeting held the previous week and noted there is a "special" meeting scheduled for Thursday, September 26, 1985, at 9:30 a.m. regarding the sewer revenue shortfall. He spoke!=.'regarding the Navy's share of the sewer assessment which is~ not resolved and that the committee is working on Sludge disposal but is in immediate need of alternative dump sites. Mr. Drouin stated candidates for city offices have all been notified of the meeting. Councilman Mosely thanked Council, city officials and Public for their flowers and cards during his recent stay in the hospital. Councilman Sturdivant stated the Gold Mountain Golf Course Board of Directors has decided to hold off on the repairs of the Clubhouse roof until the existing solfits can be tested during a rainfall to identify where the leaks are coming from. He stated that Mr. Gary Fuller has taken over operation of the Municipal Golf Course Restaurant from Mr. Bryant and contract negotiations are looking into possibly dropping the monthly lease charge, a 3 year term, options to renew and buy out options. He stated the Board felt the Restaurant is to service the public and Golfers therefore the new approach to a new contract with Mr. Fuller. PUBLIC RECOGNITION Mr. Donald SerrV, 2429 29th Street, representing the Kitsap Historical Society asked for clarification on application for Revenue Sharing funds. He understood he was being asked to make application which Ms. McClus~ey stated was incorrect. She said that it was up to a particular TAPE #284 City Counci. Reg. Mtg. Minutes September 25, 1985 Page 3 of 8 UNAPPROVED DRAFT whether or not they decided to make application. It is not a request but information only. Councilman Adrian stated that the letter he sent to Mr. Serry suggested he work with the Mayor's office in requesting assistance from Council. Ms. Walterine Taylor, 2708 Callaban, asked Councilman Homing for clarification as to why the Bus loading zone was changed to 1st Street at the Ferry Terminal. Mr. Homing listed (1) less than desirable element at previous location; (2) Taxi companies wanted to relocate where buses formally loaded passenger, and (3) an attempt establish a long-term common-fare whereby an individual can purchase one ticket for possibly local bus, state ferry ridership and eventually Seattle Metro with transfers. Ms. Taylor also brought up the fact that when a citizen overpays (deposits into bus box) there is no present way of driver to enable a refund. Mayor Dawkins presented Ms. Taylor's $.50 but Council took note that the Mayor should research and report back to Council. Ms. Elizabeth Buell, 1722 High Avenue, noted that individuals, particularly Taxi operators are parking in handicapped designated zones. The Mayor was advised to research and report back to Council. HIRING OF TWO CORRECTION OFFICERS, #AB85-405 Lieutenant Pat O'Neill, Bremerton Police Department, requested the approval from Council to hire two additional corrections officers for the balance of FY85. He .stated there is not enough manpower, the jail has been filled to capacity and present Staff is working excess overtime to meet the demand. He noted a letter from Kathleen Maurer, Risk Manager, which stated the City has had several Workers' Compensation Claims from Jail Staff and she expressed concern that the City should consider increased staffing between the hours of 6:00 p.m. and 3:00 a.m. where presently there is only one jailer on duty. Further the City, based on recent reports is in violation of WAC 289-26-500 Staffing which requires a minimum of one female jailer to handle the needs of female inmates. Mr. O'Neill justified additional staffing by the increase in revenue of $54,000 which has been generated, above anticipated revenues, for the purpose of the new hires which would cost $10,000 for the balance of 1985. Ms. Walterine Taylor asked if the City would consider hiring a black individual with Mr. O'Neill responding that the next person on the Civil Service Register is both black and .female. Mr. Roy Mclnnis, expressed concern about increase arrests to support 2 new positions. the need to Lengthy discussion followed with Councilmen in agreement that, with anticipated budget shortfalls, the strong possibly of needing to cut services to the public in 1986, and the sewer issue not resolved, it would be untimely to add any additional personnel just to have to lay-off after three months. They suggested that the need is in the Police Department but would the department be willing to sacrifice Patrolman or Staff positions in lieu of correction officers. Chief Cundiff stated that the department felt the number one priority was additional jail staff. Councilman Drouin encouraged the Council to support the Police Department. TAPE #284 -- City Counci -~g. Mtg. Minutes September 25, 1985 Page 4 of 8 UNAPPROVED DRAFT #2113 · M/S/(Drouin/Mosely) to hire two additional Correction Offi- cers, as temporary positions, for the balance of 1985. VOTE: In favor: Drouin, Pache~ and Moseiy Opposed: Homing, Johnson, Adrian, Sturdivant & Anderson ~ Motion FAILED for lack of majority. #2430 · M/S/(Drouin/Pacnek) to hire one additional Correctional Of- ficer, female, as a temporary position for the balance of 1985 to comply with State law. VOTE: In favor: Drouin Pachek a Moseiy Opposed: Homing, Johnson, Adrian, Sturdivant & Anderson Motion FAILED for lack of majority. Councilman Sturdivant suggested that the Police Department spend the needed overtime and keep the situation in control until the budget picture is clear. MUTUAL AID AGREEMENT - DISTRICT #15, #AB85-406 Fire Duty-Chief Kenneth Hughes presented Council with a request to approve entering into a Mutual Aid Agreement with District #15 (Meadowdale Fire Department) for the purpose of advanced Life Support between the City of Bremerton and Kitsap County Fire District #15. There is no cost to the Agreement but failure to execute could cause possible delay in service of Advanced Life Support (paramedics) to the City of Bremerton and Kitsap County Fire District #15. At times when the City or District #15 have multiple calls, there would be no legal way for the entities to help each other with Advanced Life Support (ALS). #2724 · M/S/C/U/(Adrian/Mosely) to approve entering into a Mutual Aid Agreement with Kitsap County Fire District #15 (Meadowdale) for Advanced Life Support· Recessed at 6:48 p.m. - Reconvened at 7:00 p.m. HEARING - REVENUE SHARING, #AB85-408 Federal law requires one hearing for the allocation of Revenue Sharing funds. This notice has been published and sent to potential seekers of funds. The City will receive 25% less funds this year, approximately $405,000. The City allocated $26,000 in 1985. Staff has recommended the allocation of $20,000 to community groups in 1986. The remainder would be used for City operations. This hearing is strictly for public input with copies to be provided to each Councilmen after the hearing for review and later decision. No motion required. Julia Pounds/Chuckwagon Senior Nutrition Program $3,550.00 - To benefit the elderly residents of Bremer- ton by the availability of additional meals to homebound Seniors. She stated 75% of those served are residents of the City. 2. Irene Goodale/Senior Outreach Support Centers $12,000.00 - To assist in expanding one additional site day to the two Senior Outreach Support Centers which operate respite and socialization program at Capacity. She noted there are two centers operating within the City. 3. Elizabeth Bueii/Kitsap County Cou~ci! on Alcoholism $6,257.79 - Will provide a warm and safe environment for detoxification clients, who are primarily indigent or iow income, and will result in an ow'rali energy saving. Primarily tne request is to impwove and up- TAPE #284 City Counci~ Rag. Mtg. Minutes September 25, 1985 Page 5 of 8 UNAPPROVED DRAFT grade existing hearing system and building entrance. Kay Charleston/Kitsap Senior Alert (Newspaper) $5,000.00 - Is a non-profit monthly newspaper for and about Senior citizens in County. Sources of Revenue have not been adequate to pay for part- time staffing which this request would be earmarked for. Cordell Sunkel (Other Representative) Literacy Council $11,000.00 - To provide staff support for the Govern- ing Board of Directors and volunteer tutors. 75% of the tutors and students are City citizens. Patricia Pontrelli/Campfire Girls-Girl Scout Programs $12,000.00 - To add to previous allocation of $4,000 for needed roof repairs at facility located at llth and Park. Serious damage has been sustained due to leaking and along with other necessary repairs the roof is priority. Carlynn Haberly/ALIVE SHELTER $17,000.00 - To maintain current level of services for abused individuals and family· She noted that 47% of those served are citizens of the City. This funding will assure meeting state guidelines of two night managers which, if lost, could hamper DSHS funding sources. Roxanne Bryson/Kitsap Community Action Program (KCAP) $7,666.00 - The funds will be used to maintain current level of adequate health care access to the economical- ly disadvantaged in Bremerton providing for a part-time Medical Coordinator who will perform patient assessment. 9. Holly Cash/Kitsap County Rape Response SUnknown (Not stated) - Providing 24 hour emergency set- for victims of sexual abuse which includes; (1) Couns&l- ing; (2) Information and Referral; (3) Advocacy; (4) 3 part reporting, and (5) Community Education programs· 10. Gloria LaBelle/KCAP Senior Citizens EmerqencV Fund $2,000.00 - To help Senior Citizens meet unexpected expenses of maintaining a home and remaining indepen- dent of public assistance programs, providing small grants through Assistance and Case managemen~ programs· 11. Donna Guza/HOSPICE of KitsaD'County $10,000.00 - Ms. McCluskey read in absence of applicant stating 39% of those served are City residents· HOS- PICE provides terminally ill patients and their families with physical, emotional and spiritual counseling. Also offered is bereavement follow-up which has been limited due to lack of full funding. 12. Sherry Barnhart/Awareness Express $32,000.00 - Ms. McCluskey read in absence of applicant requesting assistance to established the program of Alcohol/Drug intensive-outpatient care for youth. Pre- sently locals citizens must travel outside the County for services needed. GOLD MOUNTAIN GOLF COURSE FEE STRUCTURE, #AB85-410 Councilman Sturdivant, Board of Director's Representative recommended that the City Council approve the discontinuation of the October semi-annual pass offering, and that a three month October - December pass be offered. Single $100.00 and couple $150.00. TAPE #284 '- City Council _~g. Mtg. Minutes September 25, 1985 Page 6 of 8 UNAPPROVED DRAFT #2730 #2783 #2847 · · M/S/C/U/(Sturdivant/Drouin) to approve the discontinuace of the October semi-annual pass offering and that a three month October - December pass be offered at $100.00 for singles and $150.00 couples. ORDINANCE #3984 (2ND READING) AMENDING ORD. #3612 AND PROVIDING FOR REGULATION AND PENALTIES FOR THE SALE AND DISTRIBUTION OF MALT LIQUOR, #AB85-395 City Attorney Bill Broughton explained that this ordinance repeals Ordinance #3612 and provides for requirements to sell and offer for sale kegs or other containers containing seven gallons or more of malt liquor to consumers who are not licensed under RCW 66.24. This Ordinance also provides misdemeanor penalties of $1,000.00, 90-days in jail, or both fine and imprisonment for violations hereof. This ordinance was reviewed by the Police Chief and approved. Staff recommended that Council approve. · M/S/C/U/(Johnson/Mosely) to pass Ordinance #3984 (second reading) repealing Ordinance No. 3612 and providing for requirements and penalties for the sale and handling of malt liquor. ORDINANCE #3985 (2ND READING) UTILITY ASSESSMENTS FOR CITY SERVICES #AB85-387 The City Auditor recommended that the City establish it's cost-basis for City services uniformly and in compliance with U.S.Government publication OASC-10, Cost principles and Procedures for Establishing Cost Allocation Plans and Indirect Cost Rates for Grants and Contracts with the Federal Government. At present the City does not have a generally accepted accounting method for assessing central service fees. Approval of this Ordinance will allow the City to identify off-setting revenues for specific central services. M/S/C/U/(Drouin/Pachek) to pass Ordinance #3985 (Second reading) imposing fees on City owned utilities for services and repealing Ordinance No. 3835, to be implemented January 1, 1986. ORDINANCE (FIRST READING) UTILITY TAX, #AB85-386 The City Auditor has identified the need to revise the method the City uses to tax the Utilities. Currently the City uses P.I.L.0.T. to cover a Utility Tax at a percentage of revenue and services provided by City central support departments. Under Ordinance 3835, P.I.L.O.T. was fixed in 1982 and is increased based upon the CPI. The proposed Ordinance creates a Utility Tax at a percentage of revenue and provides a reasonable, defensible method of assessment. It was recommended that the City pass the Utility Tax Ordinance and direct implementation beginning January 1, 1986. Discussion followed with Councilman Adrian recommending lowering the percentage below 6%. Councilman Drouin objected to the recommendation, stating he did not feel we could go lower than 6% or that it would be legal. City Attorney Broughton agreed and suggested it was safer to reduce cost of City services. Councilman Drouin further stated that State Law says Municipalities cannot charge over 6% and that other Utilities would object to different rates charge one utility over another. Ms. Judith Katsirubas, City Auditor agreed and noted that the State has allowed, through RCW to ramp down Utility Taxes. City Attorney Broughton stated that his staff has been preparing several ordinances to bring into process of Hearing Examiner. There was some confusion that the citizen would be bringing complaints before Council whi,=!. vas not the intent of the Ordinance. TAPE #284 -- City Counci 1 ,eg. Mtg. Minutes September 25, 1985 Page 7 of 8 UNAPPROVED DRAFT TAPE #285 #0215 · M/S/C/U/(Drouin/Pachek) to approve Ordinance (first reading) imposing a utility occupation tax on water and wastewater utilities located within or partly within the City of Bremerton, with Section 12 to be reviewed regarding fee structure that agrees with Administrative Procedures ~Ordinance. ORDINANCE (FIRST READING) FLEEING & ELUDING A POLICE OFFICER, #AB85-407 This Ordinance repeals Ordinance #3166, Section 2 and Ordinance #3638, Section 1 which are superceded by RCW 46.61.024 making fleeing and eluding a police officer a Class C Felony. City Attorney Bill Broughton defined a Class A felony as murder, 1st degree assualt, etc. whereas a Class C felony is the lowest level of charge. #0303 · M/S/C/U/(Horning/Mosely) to approve Ordinance (first read- ing) repealing Ordinance No. 3166, Sac. 2 and Ordinance No. 3638, Sac. 1 which are superceded by RCW 46.61.024 making fleeing and eluding a police officer a Class C felony. ORDINANCE (FIRST READING) LEVYING MUNICIPAL PROPERTY TAX, #AB85-409 State law requires the passage of an orCinance setting property taxes and submittal to the County Assessor on or before October. The ordinance presented represents the best estimate as to what allowable tax dollar figure will be and what Bremerton assessed valuation will be. Because of the increase in valuation, the tax rate is reduced as compared to 1985. Staff recommended approval on first reading. Ms. McCluskey stated the tax is up to the lid level. The State allows for a 106% cap which was explained by Councilman Adrian who favored reducing the tax burden to the citizens. Councilman Sturdivant concurred stating real estate in the City is at a standstill and should a citizen attempt to sell, it was almost impossible. He further felt valuation would be coming down. Councilman Drouin and Horning were both uncomfortable with anticipated shortfall in sewer rates/overall budget and both were in favor of continuing with the maximum cap formula. #0498 M/DIED/(Drouin) to adopt Ordinance relating to levying muni- cipal Property Tax. #0517 · M/S/C/(Adrian/Johnson) to approve Ordinance (first Reading) levying municipal taxes against all the taxable property within the city limits of Bremerton for the year 1985 and approving the assessment roll made by the Assessor of Kitsap County, therefore, to be collected in the year 1986, reducing the lid to 103% VOTE: In favor: Sturdivant, Homing Pachek Drouin f , , ~ and Adrian ~ Opposed: Mosely, Anderson a Johnson Motion APPROVED first reading. Councilman Johnson expressed concern about how this will affect the overall budget hearings and possibility of deeper cuts than anticipated. RESOLUTION #2084 - CLEAN WATER ACT, #AB85-410 Resolution #2084, added to the Agenda and sponsored by Coun- cilman Phil Drouin, noted that the Federal Government has imposed further restriction through the Clean Water Act - 1985 Amendment, that separated storm waters must be treated before they enter open waterways. Further, they put the financial responsibi"ities on the responsible municipal/governmental ~:odies to provide such treatment. TAPE #284 --. City Counci, ag. Mtg. Minutes September 25, 1985 Page 8 of 8 UNAPPROVED DRAFT #0862 · #0984 · Passage of this Resolution will state the City Council's opposition to such restrictions imposeG by the Federal Government without Providing fina~qial resources M/S/C/U/(Drouin/Adrian) to pass Resolution #2084, opposing the Clean Water Act - 1985 Amendment, in regard to untreated storm waters flowing into open waterways. RESOLUTION #2083 - FERRY SYSTEM OPERATIONS, #A885-411 Resolution #2083, added to the ~AGenda and sponsored by Councilman Jim Adrian, deals with Council opposition to proposed cutbacks of ferry transportation service to Bremerton by State Ferry System. Upon learning that the State Department of Transportation is giving serious consideration to cutback of ferry service to the Bremerton area prompted the City Council to stand affirmatively in it's conviction that any reduction in ferry service would adversely affect the citizens of Bremerton and surrounding area. x~ M/S/C/U/(Adrian/Pachek) to pass Resolution #2083, stipulat- ing the need for continued levels of ferry service to Bremerton. With no further business, meeting a~journed at 8:12 p.m. KATHLEEN ~MCCLUS~EY, jXty Clerk City of Bremerton APPROVED: ART ANDERSON, President City Council GJ:AA:PD/cjs CO: Normal Distribution File/Vault