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Home My WebLink About06/05/85 TAPE #250 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES June 5, 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, June 5, 1985, at 4:30 p.m. with Council President Art Anderson presiding. Present were Councilmen E.L.Sturdivant, Bill Amo, Russ Johnson, Roy Mosely, Clyde Pachek, Jim Adrian, Spencer Horning and Phil Drouin. Also present were Mayor Morrie Dawkins, City Attorney Bill Broughton and City Clerk Kathleen McCluskey. The meeting was opened with the Pledge of Allegiance, led by Council President Art Anderson with Councilman Bill Amo giving the invocation. CONSENT AGENDA Item ~A - Minutes of May 29, 1985, 9AB85-245; Item #B - Residential Permit Parking Zone - Park Avenue, 7th to 8th Streets, ~AB85-246; Item C - Change Order No. 004-85 to Kiwanis Field Restroom Contract, ~AB85-247; Item D - YWCA Battered Women ALIVE Shelter Contract Extension, #AB85-233, and Item E - Street Improvements Contract - Warren Avenue, Burwell to 6th; Naval Avenue - 1st to 6th, #AB85-248. #0044 · M/S/C/U/(Adrian/Mosely) to approve Consent Agenda, Items A through E, as presented. Item #F - Wastewater Change Order No. 4 to Contract C-8, #AB85-249, which directs the contractor to perform (1) gate valve modifications; (2) revise pump control circuitry; (3) fabricate and install a galvanized steel platform, and (4) additional minor modifications. Amount of increase - $22,280.00, included in 309 Budget. Mr. Baker noted that this change order has been in the summary several months as needing to be done. #0066 · M/S/C/U/(Drouin/Pachek) to approve Wastewater Change Order No. 4 to Contract C-8. CLAIMS/WARRANTS REGISTER 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. #0139 . M/S/C/U/(Drouin/Adrian) of June 5, 1985, the Council, by a unanimous vote, does approve for payment those vouchers included in the above list and further described as follows: voucher numbers #12145 - #12264, in the total amount of $313,184.83, and voucher numbers #12138 - #12139, in the total amount of $3,518.28. MAYOR'S REPORT Proclamation #1, designating June 3, 1985, as Navy Wives Club of America Day" with Mayor Dawkins presenting the Proclamation to Ms. Marcia Westcott, Vice-President of the Local Navy Wives Chapter. Mayor Dawkins presented the Court of the "Little Britches Rodeo, Queen Wendy, and Princesses Helen, Cissy and Laurie who was unable to be present. Councilman Johnson was concerned about the $15,000 cost overrun for the Elevator which was responded to by Court TAPE #250 0NAPPROVED DRAFT City Council Reg. Mtg. Minutes June 5, 1985 Page 2 of 6 Prisk, Field Services Director. He stated that the building design plans for City Hall were inaccurate and walls, supports, etc. off as much a 6 feet. Other than the requested change order by Bremerton Police Department, cost overruns could not be determined at the time of bid until area involved was torn apart. Mr. Joe Fabre', Community Block Grant Coordinator stated that approximately $8,000.00 is eligible for funding however the balance, for Police department requested changes, is not. Councilman Drouin stated that Council was invited to see the problems first hand over a month ago therefore it should not be an issue. Mr. Fabre' continued the Block Grant report noting that his division is working on a new system whereby information will be more readily available and progress of the Block Grant Program will be reported to Council quarterly. He stated the City had applied for $150,000 in Block Grant funding and has been awarded $200,000 because of the established Block Grant program through the years. He introduced Mr. Dale Miller of the Phoenix Group who administers our Grant. Councilman Sturdivant offered a suggested, requesting that the Mayor research why Ferry travelers have to by-pass the downtown retail establishments by being routed (State signs) through Burwell with mandatory left turn at Burwell & Callow, joining the freeway at the Navy Yard Highway at McCall heading north. He stated the businessmen suggested routing traffic north to 6th, 6th Street to Kitsap Way to Freeway where travelers can take advantage of services such as restaurants, gas stations, markets, etc. Councilman Sturdivant also requested an open public meeting to allow citizen input on the decision to sell or not sell Roosevelt Field. He thought this should be scheduled prior to June 26th. ATTORNEY'S REPORT City Attorney Bill Broughton advised the Council that the Christensen case has been remanded, by Superior Court, to the Civil Service Commission. He estimated that legal fees will be approximately $10,000 with only $6,000 budgeted for the FY85. He stated that the Civil Service will schedule a meeting by mid-July to be in conformance with City Charter. Mayor Dawkins stated he has received a letter requesting the Civil Service hearing. PUBLIC RECOGNITION Council President Anderson called for Public Recognition with no response. COUNCIL MEMBERS REPORTS Councilman Drouin reported on the Wastewater Facilities regular committee meeting to be held Thursday morning. He reported that even though the U.S. House Sub-Committee is attempting allocation of 55% monies for clean-up efforts, the City of Bremerton will not be eligible for the 5% difference as he checked with Congressman Norm Dicks office. Councilman Sturdivant reported on the final outcome of 4 bills in Olympia; (1) - HB61 (Med. Insurance for Retirees/dependants) - vetoed by Governor Gardner; (2) HB435 (LEOFF II increase of benefits) will be 1/2 charged to employee's sick leave and benefits do not equal LEOFF I; (3) - SB3828 (Puget Sound Water District on Secondary Treatment) - partial veto, and SB4228 - (Public Works) Vetoed. TAPE #250 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes June 5, 1985 Page 3 of 6 RESOLUTION #2068 DECLARING BURROUGHS SOLE SOURCE VENDOR OF NEW BURROUGHS MAINFRAME HDWE. & ASSOCIATED PERIPHERALS, #AB85-25 Information Services Department has funds available in the approved 1985 Budget for replacement of a Disk Drive and Printer, both of which are approximately 10 years old and require excessive maintenance cost. As both devices are highly mechanical in nature, it is considered prudent and most cost effective to replace these units with new equipment as opposed to used equipment. Burroughs has been considered sole vendor of new Burroughs hardware of this type, and it is therefore requested that Burroughs be declared Sole Source. Mr. Steve Perry noted that Purchasing Agent Gil Johnson research possible vendors but established that the City ran a risk of voiding the warranty of the Burroughs system if modified by other equipment. Also it was determined that it could not be done without extensive modification and not in the best interests of the City. Discussion followed with Councilman Johnson against naming a vendor "sole source" eliminating the bid process. Councilman Adrian inquired as to costs to bid with Ms. McCluskey stating approximately $400.00, including paperwork and Staff time. Councilman Sturdivant believed Staff has better awareness of technical needs. Ms. McCluskey clarified that the key is "purchase of new "Mainframe Hardward and Peripherials" which limits sole source to that. She said the resolution could be changed to read "special disk drive and printer" which would be more specific. Councilman Adrian stated the Budget & Finance committee recommended deleting "Mainframe - Peripherials" Mr. Bert Ge~ner, 934 Washington, thought the City should avoid any purchases/contracts with "sole source" situation because it eliminates fair, competitive bidding. Police Captain Joe Hatfield, worked with Mr. Perry in developing the needs of the Police Department and supported Mr. Perry's recommendation because of his expertise in this area. He further supported the recommendation of the Budget and Finance committee. #2057 . M/S/C/U/(Adrian/Sturdivant) to approve Resolution #2068, deleting verbiage "Mainframe Hardware and Associated Peripherals" (Lines; 2, 3,) substituting "Disk Drive and Printer only; deleting second "WHEREAS paragraph"; Para #3 - deleting "Mainframe - end of para.", substituting "the city is limited in ability to purchase Mainframe equipment", and Para #4 - deleting "new Burroughs Computer Mainframe Hardware and Peripharals", substituting "a disk drive and printer". FACILITIES STUDY CONTRACT WITH THE FIRM OF ARAI-JACKSON, ARCHITECTS & PLANNERS, ~AB85-250 In response to Resolution #1977 (Capital Improvement Program), and SLI #78 (Facilities Study), Staff has selected a firm to accomplish the Study, together with a draft professional services contract which contains the scope of work. Contractor selection was accomplished by the customary pre-qualification and interview process. Staff recommended the firm of Arai-Jackson, Architects and Planners for Council approval. Mr. Dave Patmon stated the study will provide for a Master Plan with 5, 10, and 20 year submittals. He introduced Mr. Steve Arai and Mr. Bob Wagner, representatives of the firm. Mr. Arai gave a brief background of his firm's previous work with municipalities including cities of Redmond, Seattle, Auburn and Bothell in recent years. Councilman Adrian asked the purpose of the study with Mr. Patmon reiterating that Council requested, TAPE #250 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes June 5, 1985 Page 4 of 6 under it's "Statement of Legislative Intent", the need for an overview of long range Capital Improvements and study of Facilities for decision making purposes. Mr. Bert Ge~ner, suggested delaying the proposal until budget needs for FY86 are defined, applying the $20,000 to the elevator overrun ($15,000). Councilman Sturdivant was concern that the study will be outdated in a few years, therefore the need will continually change. Councilman Anderson stated the Council intent was to build a foundation of long ranged improvements of facilities and supported the request. Councilman Drouin reminded Council of the 1977 Capital Improvement program calling for such a study. #2547 ® M/S/C/U/(Pachek/Adrian) to approve contracting with the firm of Arai-Jackson, Architects & Planners, to conduct a Capital Improvement and Facilities Study. Recessed at 5:50 p.m.; Reconvened at 6:00 p.m. ORDINANCE #3965 (2ND. READING) REGULATING WATERCRAFT, #AB85- 243 Ms. McCluskey explained the necessity of the revised ordinance in order to act on the request to hold the Hydroplane Race. She stated that the present Ordinance has been violated in the past, even though the race has been held, and in order to consider the request the revision is necessary. Council approved first reading May 29, 1985. Fire Chief Leonard Marks stated that he and Police Captain met with the sponsors of the race and found that they have arranged adequate paramedic support from Siverdale Fire District #1, including an ambulance in attendance, along with two volunteer off-duty Police Officers from Bremerton Police Department who will be available on site. Therefore the Police and Fire departments have no objections on passage of amended ordinance. #2740 ® M/S/C/U/(Adrian/Horning) to pass Ordinance #3965 (2nd. Reading) amending Ordinance No. 2804 which regulates watercraft on Kitsap Lake to allow closure of said lake and/or approval of regattas, races, or aquatic events. ORDINANCE (1ST READING) CODE OF ETHICS/CITY PERSONNEL, #AB85-252 The proposed Code of Ethics/City Personnel Ordinance has been reviewed by the Mayor's Advisory Committee. The City at the present time has no concise document that defines what is proper conduct for city officials (both employees and elected). There are various provisions promulgated by Administrative directive, memo, BMC, Policy & Procedures and RCW statutes. This ordinance defines what constitutes ethical conduct in one document. It also sets up a separate appellate process for evaluation of alleged violations which is independent from the Executive or the Legislative body. Further provision is made mandating that all city officials be advised of the content of the Ordinance on an annual basis and all new employees must also be advised of the provisions upon employment. The provisions set forth are not intended to usurp the proper authority of the Chief Executive and the Hearing Examiner does have the authority to remand to the Chief Executive disposition of those complaints that are appropriate which provides a relatively simple recourse short of Superior Court for dealing with misconduct of City officials. Councilman Jim Adrian, prime sponsor of the Ordinance, outlined the contents of the proposed draft and indicated changes to the document furnished Council to include; (1) TAPE #250 & #251 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes June 5, 1985 'Page 5 of 6 Pg.2, para. 3 - "Personnel" misspelled; (2) Pg.4, para 4, 3rd. line - "shall" misspelled; (3) Pg.8, para 3(a) - Add "knowingly" between shall & solicit; (4) Pg.10, Sec.6, New Para 3 to read - "The Council appointees shall be designated as position #1 & 3. The Mayoral positions shall be designated as Position #2 & 4. Position #5, which is the Position chosen by the other four Commissioners shall initially serve for 1 - year. Positions 1 & 3 and 2 & 4 shall serve for two and three years respectively. The original members shall be appointed within 60 Days after adoption of this ordinance. Thereafter, each member shall serve a term of 3 years; (5) Pg.12, Sec.6, para 10 - at the end of the paragraph add the following - ""Further" the Council, sitting as a whole may by 2/3rd vote remove a member of the Ethics Commission"; (6) Pg.17, Sec.8 - Delete "county executive" and replace with "mayor" and delete "County" ordinance replacing with "City" ordinance; (7) Pg.19, Sec.15 - Eliminate paragraph #2. Ms. Judith Katsirubas, City Auditor, supported the proposed draft as corrected which defines conduct on how to behave, what to do and how to do it, which is much needed for employees and elected officials. City Attorney Bill Broughton said ordinance sets forth process for handling complaints with a statue of limitation of one year. It contains both civil and criminal penalties and was drafted by researching other cities, counties, etc. as to form. Councilman Amo asked about businesses, with family members working for the City, and how affected. Attorney Broughton stated this is addressed in Sec. 5, Sub. Sec.(l). Mr. Gegner felt the Hearing Examiner should be limited to land-use type problems and felt the City would eventually be spending too many dollars for this added responsibility. Councilman Sturdivant concurred, w..~n~in~ a limit on hours expended per month, or a reasonable estimate provided Council before final passage of the Ordinance. City Attorney Broughton suggested this could be brought up during 1986 review process or moving back the review date. TAPE #251 Councilman Adrian noted that Seattle has had only 8 complaints during 1984, which he felt is not excessive, with Councilman Sturdivant further requesting that the Council Secretary take a survey of other cities regarding the amount of complaints filed during the same given period. #0022 . M/S/C/(Adrian/Johnson) to approve Ordinance, 1st reading with suggested changes, creating a code of ethics, requiring disclosure of financial interests, establishing an ethics commission, providing for criminal and civil sanctions and penalties for violations, and adding a new chapter to the Bremerton Municipal Code. VOTE: In favor; Horning, Pachek, Mosely, Anderson, Drouin, Amo, Adrian & Johnson Abstain; Sturdivant. Motion APPROVED Councilman Adrian left the meeting. ORDINANCE #3961 (2ND.READING) ADMINISTRATIVE PROCEDURES - HEARING EXAMINER, #AB85-160 Adoption of this Ordinance will allow the City to retain a Hearing Examiner who will be available to hear matters such as building and fire code decisions, business license determinations and water bill adjustments. #0048 · M/S/C/(Drouin/Johnson) to pass Ordinance #3961, setting forth a City wide uniform appeal process to a Hearing Examiner. VOTE: In favor; Sturdivant, Horning, Pachek, Anderson, TAPE #251 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes June 5, 1985 Page 6 of 6 Drouin, Amo & Johnson Abstain; Mosely Motion PASSED ORDINANCE #3960 (2ND. READING) ADMINISTRATIVE PROCEDURES - RULEMAKING, #AB85-159 #0148 · M/S/C/U/(Drouin/Johnson) to pass Ordinance #3960, establishing rulemaking procedures for all departments, commissions, committees, boards and offices in the City of Bremerton whose activities substantially affect the interests of the public. ORDINANCE #3966 (2ND.READING) CONSOLIDATED CONSTRUCTION AND FIRE SAFETY CODES, #AB85-234 Before ordinance was fully discussed, Councilman Horning stepped down due to possible "appearance of fairness" Council President stated he has been contacted by businessmen requesting a continuance. Mr. Pete Flynn, Coordinator of Mainstreet Program, stated he represented property owners, involved in the program, and they are requesting the issue be tabled for two weeks because of the complexities of this ordinance so it can researched. Council President Anderson addressed Mr. Delph and would he be agreeable to a postponement. Mr. Delph concurred. #0478 · M/S/C/U/(Drouin/Amo) to table, for two weeks, an ordinance regarding the State Building Code Act and related matters. With no further business, meeting adjourned at 7:18 p.m. KATHLEEN L. MCCLUSKEY,/City Clerk City of Bremerton APPROVED: ART ANDERSON, President City Council KLM:AA/cjs cc: Normal Distribution File/Vault