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HomeMy WebLinkAbout09/04/85 TAPE Unapproved #280 Minutes C TY COUNCIL MEETinG MINUTES September 4, 1985 The regular meeting of the City Council of the City of Bremerton, Washington was held in the Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, September 4, 1985 at 5:30 p.m. with Council President Art Anderson presiding. Present ~were Councilmen E. L. Sturdivant, Spencer Horning, Clyde Pachek, Phil Drouin, Bill Amo and Jim Adrian, Mayor Morrie Dawkins, City Attorney Bill Broughton and City Clerk Kathleen McCluskey. Councilmen Roy Mosely and Russ Johnson were absent. The meeting opened with the Pledge of Allegiance and the invocation was given by E. L. Sturdivant. C~NSENTAGENDA Item A. Minutes of August 28, 1985. '~AB85-'376 Motion by E. L. Sturdivant and Jim Adrlan~pprove the mln~s of August 28, 1985 as presented, carried unanimously. 'CLAIMS/WARRaNT-REGISTERS Warrants 14511 thr0~h'14672 inclusive in the amount of $179,755.85, audited and certified by Darlene Herrmann as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Council. -Motion by P. Drouin and S. Horning as of this date the Council ~6-~ approve for payment warrants 14511 through 14672 in- clusive in the amount of $179,755.85, carried unanimously. MAYOR'S REPORT #0028 Mayor Dawkins stated to date the City has taken in $22 millon for building permits, with another $5.2 millon for current applications. ATTORNEY'S REPORT #0066 Mr. Br0ught~n discussed the state tax on sewers and gave his legal opinion that it does not appea~ the tax will apply to the capital portion. He stated there is a meeting this Friday of the Municipal Attorneys Executive Board to discuss this issue. Mr. Adrian stated a meeting with our local legislators is scheduled for Sunday. Mr. Broughton stated it appears the N~vy will share in some portion of the tax. COUNCIL REPORTS #0195 E. L~sturdi~a'~t discussed revenues from Gold Mt. Golf Course for ~Ugust, ahd compared revenues for the same period in 1984, He stated the Board of Director has authorized reduced rates for October and November. He stated that with proper care and watering of the course, Gold Mt. will be one of the best golf courses in the area. He discussed the Risk Manager's request that all golf course employees have first aid and/or CPR training, and stated classes are being organized, S~en~er~-Horning~ referring to the Mayor's report, commented that B~em~t~h-is moving forward. Phit~Drouin reported on the Wastewater Committee meeting and a lette~rom the Westside Impvorement Club, and~discussed the sludge agreement. He stated the dedication of the new treatment plant is Friday, and stated the public is invited. Jim Adrian expressed his concern that every effort should be made to appoint handicapped committee members from within the city. City Council Meeting Minutes September 4, 1985 Page 2 PUBLIC RECOGNITION 90387 Walterine Taylor, congratulated the Mayor and Council on having the elevator installed in City Hall. Ms Taylor questioned why the city buses now go down to the ferry terminal, and stated changing the bus stop is inconvenient for some people. Mr. Horning informed Ms Taylor of a meeting of the Transportation Committee on Thursday at the Country Club, and invited Ms Taylor. He stated he would relate Ms Taylor's concerns at the meeting. DNR AGREEMENT NO. 46083 AB85-377 #0559 Dave Baker, Wastewater Project Manager, stated this agree- ment grants the City an easement for right of way for con- struction across the lower portion of Oyster Bay for the force main. There will be not cost to the City. Motion by P. Drouin and C. Pachek to approve Agreement No. 4~, carried unanimously. RIGHT OF WAY PURCHASE - 2ND & WASHIN~T©N AB85-378 #0595 Dave Baker, Asst. City Engineer, stated it is necessary to obtain a small parcel of the northeast corner of 2nd St. and Washington Ave. to widen the turning radius at that intersection. He stated the parcel has been appraised by Richards and Associates. M~tion by P. Drouin and J. Adrian to authorize the Engineer- lng~partment to purchase the right of way for the appraisal amount, carried as follows: 6 affirmative, 1 abstention (Sturdivant). BID AWARD RECOMMENDATIQN -~BACKH~E~AB85~3~79 ~0677 Dave Patm0n, support S~vices, sta~ only-one bid was re- ceived for a cost of $71,487, however, Smith Tractor and Equipment Co. will allow $31,000 lease costs to be applied against the total bringing the amount of bid to $40,487 before trade-in allowance and sales tax. Cost after trade-in in allowance and tax is $32,340.00. Mr. Patmon recommended approving purchase of the backhoe with no trade-in. He expressed opinion the current backhoe should be held for other disposition that will net a higher return to the City than the $10,487 offered by Smith Tractor for trade-in. Mr. Patmon discussed alternatives to the trade-in as request- ing sealed bids or negotiating with Smith Tractor for a higher trade-in. Mr. Patmon stated the backhoe currently being used by the Street Dept. is too small for their requirements and is being overworked. Mr. Drouin expressed concern with funding the purchase of a new backhoe, and questioned if this went before the Budget and Finance Committee. Mr. Patmon stated the City Treasurer indicated the monies can be found. Mr. Sturdivant discussed the lease cost, and expressed opinion the city will expend the funds in rental costs. He felt in the best interest of the City the backhoe should be purchased. Motion by Bo Amo and E. L. Sturdivant to approve award of t e--~ntract to Smith Tractor and Equipment Co. for purchase of one backhoe with no trade-in unless a higher amount can be negotiated, in the amount of $43,644.98, carried unanimously. ORDINANCE #3981 - GRANTING NON-EXCLUSIVE FRANCHISE TO OLYMPIC T~V. CABLE ~-AB85~356 ............. #1082 Motion by C. Pachek and S. Horning~'to paSS on s~c~hd reading Or-~nce #3981 granting a non-exclusive franchise to Olympic T.V. Cable, carried unanimously. RESOLUTION #2081 - DESIGNATING "THE SUN" OFFICIAL NEWSPAPER FOR LEGAL PUBLICATIONS AB85-380 ~- #1199 Motion by P. Drouin and B. Amo ~o ~p~ss Re~olution'#2081 de-~-~ating "The Sun" as the official newspaper for the City's legal publications, carried unanimously. City Council Meeting Minutes September 4, 1985 Page 3 RESOLUTION #2080 - SETTING FORTH AMENDMENT TO ARTICLE IX SEC. 35 - CITY CHARTER AB85-~38T ~:~ '~'~.~.-~' ~~ #1309 Jim Adrian, revieWed, a~memo helS~h~ 'th 'the'C±~y Kt~rhey requesting responses to several questions. He stated in his opinion there is a conflict in the City Charter be~ tween Sections 35C and 39. He expressed opinion the posi- tions of Fire Chief and Police Chief should be exempt from Civil Service as are other department heads. Mr. Adrian discussed research he performed and stated most states have removed their Police and Fire Chief from Civil Service. Oregon is an exception, however, their Chiefs can be removed from their position by ordinance. He stated in his opinion these position are not political. Mr. Adrian discussed the checks and balance with the Mayor and Council whereby administrative heads are appointed by the Mayor and confirmed by Council. He stated there is no correla- tion between removing these positions from Civil Service and other Civil Service positions. He stated Council has established a policy where the City will be bringing on managers under contract to the city. James Hestley expressed concerns regarding in-house promotions. Elizabeth Buehl spoke in favor of the amendment going on the ballot, as she feels the Chief should be under the Mayor as are other department heads, but would like the wording to state "show cause" pertaining to dismissal of Chiefs. Virginia Okerman spoke in support of placing this amendment on the ballot. David Moen, President of the Firefighters Association, spoke against this amendment to the City Charter. Jean Jackson, spoke against placing this amendment on the ballot. Tom Rosebraugh, spoke in favor of this amendment, and urged passage of this resolution to place this amendment on the ballot. Glenn Jarstad, discussed in-house promotions and expressed opinion that if the Chiefs lose their Pension rights, those coming up through the ranks will not seek the Chiefs positions. He stated he feels the Chiefs do serve at the pleasure of the Mayor. Berg Gegner stated the Charter is not clear and should be corrected. He spoke in support of placing this amendment on the ballot. Jim Strait stated the amendment should be put before the people and let the voters decide. He supports placing the amendment on the ballot. Rod McKiernan, Firefighter, spoke]against placing this Charter amendment on the'ballot. E. Sturdivant spoke in favor of the amendment, but expressed opinion he would prefer the use a Charter Amendment Committee prior to placing on the ballot. C. Pachek, stated he is generally in favor, but in the event a Chief is to be dismissed, the Mayor should have a meeting with Council and give reasons for the dismissal. B. Amo discussed the serparation of power between the Mayor and Council~ Mr. Amo spoke in support of the amendment. City Council Meeting Minutes September 4, 1985 Page 4 RESOLUTION #2080 - CONTD Tape P. Drouin stated removing the Chiefs positions from Civil #281 Service does not take away the right for those in the de- partment to compete for the position. Mr. Drouin spoke in support of the amendment being placed on the ballot. Motion by P. Drouin and B. Amo to pass Resolution #2080 to p a-~on the ballot a measure in the November election to correct this conflict in the City Charter. Charter change as proposed will remove the Police and Fire Chiefs from Civil Service and place them on an exempt status identical to all other managers in the City. That is, they will work at the pleasure of the Mayor. It will also correct a conflict in the Charter. Mr. Sturdivant inquired if the City hires a Chief from outside the city, would that individual have retreats rights? Mr. Broughton stated there would be no retreat rights for that individual as s/he was never a part of our Civil Service. Mr. Broughton explained retreat rights for any individual coming up through the ranks. Mr. Broughton also explained that taking of a Chief's position would have no effect on state granted pension or LEOFF benefits. Mr. Horning asked if an individual has 15 years of rank and file, and then 10 years as a Chief, can that individual retire at 25 years? Mr. Broughton answered in the affirmative. Question called on the motion, carried unanimously. With no further business, the meeting adjourned at 7:00 p.m. KATHLEEN~ M~LUSKEY, ICily Clerk APPROVED: AR~DER~s ideh'c