Loading...
HomeMy WebLinkAbout12/18/85 .~APE $308 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES December 18, 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, December i8, !985, at 5:30 p.m. with Council President Art Anderson presiding. Present were Councilmen E.L.Sturdivant, Phil Drouin, Clyde Pachek, Bill Amo, Russ Johnson, Roy Moseiy, and Spencer Horning Also present were Mayor Morrie Dawkins, City Attorney Bill Broughton and Deputy City Clerk Gil Johnson. Absent was Councilman Jim Adrian. The meeting was opened with the Pledge of Allegiance, led by Council President Anderson with Councilman Sturdivant giving the Invocation. OATH OF OFFICE Municipal Court Judge, Richard Jones, administered the "Oath of Office" to incumbent District $9 Councilman Russ Johnson who is unable to attend ceremonies December 31st. CONSENT AGENDA Item #A - Minutes of December 11, 1985, #AB85-541, and Item #B - Acceptance of proposal for 1986 Typewriter Maintenance Service, #AB85-542 were presented. $0077 · M/S/C/U/(Sturdivant/Horning)to approve the Consent Agenda. RATIFICATION & ACCEPTANCE - NON-UNIFORMED CONTRACT PROPOSAL Mr. Dave Hiestand, Personnel Director, stated the Council met in "Executive Session" prior to the Council meeting and that the non-uniform counter-proposal is acceptable as a settlement. He gave a brief overview of the contract settlement to include; (i) A i-Year freeze of wages(January !, 1986 - December 3!, !986); (2) 3-Year duration; (3) Acceptance of Medical Plan "B"-AWC; (4) All verbiage in existing contract to remain the same, including implementation of ~ongevity & step increases for I986; (5) Notification from the Union of it's intent to open negotiations for" wage-openers oniy" by January 2, !987 and January 2, 1988; (6) Notification from the Union or Management, 60 days prior to the intent to amend or modify or terminate the existing agreement, and (7) A complete wage class study, during 1986, which will be the determining base for monetary negotiations during 1987 and 1988. Mr. Hiestand recommended that Council approve the counter- proposal, as presented for the Non-Uniformed Employees, Teamsters Local $589. $0184 · M/S/C/(Drouin/Johnson) to approve a contract settlement as presented, with the Non-Uniformed Employees - Teamsters $589. VOTE: In favor: Homing, Pachek, Mosely, Anderson, Drouin, & Johnson Abstain: Sturdivant ~ Amo Motion PASSED. VETO BY MAYOR DAWKINS - ORDINANCE $4005, CONFIRMING MANAGEMENT EMPLOYEES Counciiman Russ Johnson, in a prepared memo, outlined the reasons to justify Counci!~s position to override the Mayor's Veto of Ordinance $4005, Confirming Management Employees, passed at the December 4, !985, meeting. He felt that it was in the best interest of Council, based on the City Charter which does not specify which "department heads" need confirmation by the Council, to uphold the original TAPE #308 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes Dec~,~,er 18, 1985 Pg. 2 of 8 approval of Ordinance #400§. #0223 · M/S/C/U/(Johnson/Amo) to override the Mayor's veto of Ordi- nance #4005. 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. #0542 · M/S/C/U/(Drouin/Johnson) on December 11, !985, the Council by a unanimous vote, does approve for payment those vouchers included and further described as follows: regular voucher numbers ~i6708 - #16882, in the total amount of $202,803.16, and Payroll Register in the total amount of $314.34!.08 MAYOR'S REPORT Mayor Dawkins joined Fire Chief Leonard Marks in presenting identical Resolutions to Ms. Linda Newsome and her daughter Lisa Newsome for their actions and citizen participation and protection of the Life of a local citizen. They alerted a resident to a fire in her home while calling for emergency response. Council President Anderson commended the "Recognition" program Fire Chief Marks has implemented in the community. Councilman Drouin asked about the progress of the complaints received from owners/citizens of the area bordering and including Thompson Drive. Don Pratt, Planning Director, reiterated progress of the investigation being done to include; (i) Setting the issue on the January Planning Commission Agenda; (2) On-site inspections of Bremerton Concrete and other business in the area noted potential zoning violations; (3) Has met with officials of Bremerton Concrete, advising of complaints received and notifying owners that letters and responses to regulatory agencies are being received; (~ Owners of Bremerton Concrete are willing to review responses received regarding possible vio2at/ons. Councilman Drouin stated he hoped Council could clean up outstanding issues before leaving office. ATTORNEY'S REPORT City Attorney Bill Brou~hton reported that he will be bringing two ordinances before Council, December 23, 1985, dealing with Mayor and Council salaries as approved during the May 1, 1985, meeting. He stated the draft ordinance, banning Street vendors or sidewalk sales is not complete. He reported he will be in Superior Court Friday, dealing with a suit against the City - "Open Meeting Act", and will be moving for a dismissal. Councilman Drouin argued that there is no need for a new Vendor's ordinance but to enforce the one in effect. Mr. Broughton stated he was correct, to a degree, however Council directed his office to provide an ordinance to address the issue. PUBLIC RECOGNITION - None COUNCIL MEMBERS REPORTS Councilman Johnson reported working with the transition of the newly elected officials and have been meeting regularly. Councilman Sturdivant expressed concern regarding the newspaper article stating the "new Council" is casting votes in media regarding the Street Vendor issue. He outline the long meetings, etc. that were held to try to come to a resolution of the problem and would hope the new officials TAPE #308 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes Deceu~er 18, 1985 Page 3 of 8 look at the total issue before deciding the rescind this Council's decisions. BID AWARD RECOMMENDATION - MANAGEMENT AND OPERATION OF CITY OWNED PARKING FACILITY, #AB85-524 During the December 11, 1985, meeting, Council did not approve Recommended Bid Award to Diamond Parking as "highest" submitted in terms of Revenue to the City. In a prepared statement, Councilman Adrian, noted his concerns to include, Contract Performance, PosSible conflict of interest by one Councilman, Method of Bidding, Consideration of in- house operation and a proposal to extend the existing AMPCO contract through the first quarter (March 31, 1986), directing staff to do a detailed cost benefit analysis of in-house garage operations. Councilman Amc felt there was not a "conflict of interest" but more an "appearance of fairness" issue by Councilman Mosely, as he has confirmed meeting with officials from AMPCO. Council President Anderson directed the conflict question to Councilman Mose!y, who stated he was contacted by both bidders of the Garage Contract, after the bid process/submittal was complete. Mr. Moseiy felt he did not have a clear understanding from Staff on conditions and history of past practice and felt he had a/legations which were the determining factor in not awarding the bid to Diamond Parking as far as he was concerned. He understood from Staff that one organization paid tax, the other did not. City Attorney Bill Brou~hton asked Mr. Mose!y to be more explicit regarding the meeting with AMPCO officials to include length of conversation. He (Mosety) stated he met, at his residence, with Mr. Gibbs and Mr. Groves, and the conversation mainly dealt with his recent injury. He did not feel he was wrong. Mr. Broughton stated the decision would be up to Mr. Mosely. Council President Anderson asked if Mr. Moseiy minded stepping down with Councilman Sturdivant objecting. Mr. Broughton stated there are two reasons why this is a difficult decision; (i) the sealed bid process allows Purchasing free from political or outside influence, and the discussion could appear to taint the bid process, and (2) because Council is not staying with the "High" qualified bidaer. City Attorney Broughton responded to questions that the City could ~ust choose to reject ali bids. Councilman Moseiy remained seated ~or discussion/action. #1597 · M/S/F/(Amo/PacheK) to endorse Councilman Adrian's proposal, including directing the Mayor and Staff to do a detailed cost analysis/study about an in-house operation. Discussion continued with objection to the Motion oecause bids should be rejected first. Mr. Gus Kostakos, Legai Counse2-Diamond Parking, felt Diamond has met al! specifications of the bid process and recommended Council take staff recommendation to awared the Bid this evening. He gave a short history of the Diamond operations which are based in many states and objected to allegations without some indication or written listing of same. He stated that if Diamond is not successful bidder, both bids should be rejected. Mr. Jim Lambert, Manager (past 2 years) stated that Diamond has never been in non- compliance of a contract, to his knowledge. He noted a letter in support from Mr. Howard Haqer. Councilman Sturdivant directed questions to Mr. Lambert including how long he was associated with Diamond, did they complete the last contract with the City (City Garage) that they held, and did he have knowledge of any allegations against the firm. Mr. Lambert responded tnat he has been manager in the ~-~ ~ TAPE #308 UNA?PROVED DRAFT City Council Reg. Mtg. Minutes December 18, 1985 Page 4 of 8 Bremerton area for the past 2 years, and worked with Diamond the past 7 years. He stated Diamond did complete it's obligation with the city and knew of no allegations against Diamond Parking. Mr. Kostakos stated Mr. Lambert would not be agreeable to extending the bids for 30-days when asked by Council. Councilman Amc attempted to make a new motion to reject all bids with Councilman Sturdivant, calling it out of order. #2728 · VOTE: (original Motion) in Favor: Amc Opposed: Sturdivant, Homing, Pachek, Moseiy, Anderson, Drouin,& Johnson Motion FAILED to adopt Councilman Adrian's proposal. #2768 · M/S/C/(Johnson/Drouin) to reject all bids received for con- tracting City Garage Operations. VOTE: in Favor: Sturdivant, Horning, Pachek, Moseiy, Anderson, Drouin, R 3ohnson Opposed: Amc Motion PASSED to reject ail bdds. #2801 e M/S/C/(Amo/Pachek) to direct Mayor and Staff to do a cost analysis, during the first quarter of 1986, on an in-house operation to handle the City Garage, and that the current contract with AMPCO be extended until March 31, i986. VOTE: In Favor: Sturdivant, Homing, Pachek, Anderson, Drouin, Amc & Johnson Abstain: Mosety Motion PASSED. Recessed from 6:45 p.m. - 6:55 p.m. with Councilman Mosely leaving the meeting. HOUSING REHAB MANAGEMENT~ #AB8§-543 The City's Housing Rehab Program is currently managed by the Phoenix Group under contract #2443. This contract expires December 31, 1985. Phoenix Group has managed the program for the past two years with the contract being i0 months at a cost of $65,352. The Community Development Office is capable of managing this project within the Planning department for less and it would provide continuity to the overall program. A preliminary budget has been developed which indicates the City can manage the project for approximately $60,000 for a total 12-month period. The Mayor's Community Development Advisory Committee has been involved with planning this change and recommends it's approval. Mr. Joe Fabre' highlighted problems in the past due to staff not having the expertise to handle in-house operation however he is now recommending the Council to authorize the Mayor to negotiate a phase out extension to the existing contract and approval of Community Development office submittal of a budget to Council no later than January 15th detailing staffing pattern and relative costs. He supported this request stating it would reduce the amount of CDBG funds being expended on management, brings management responsibilities of the rehao program directly within the City's jurisdiction and will allow additional staff hiring to manage the program when operated by the City. Block Grant funds have been a!located to cover this cost. Council President Anderson, reminded Council that it inherited a mess when coming into office with previous management of the program however, Mr. Fabre' noted staff will be qualified with experience and expertise by hiring a rehab specialist. Councilman Drouin felt it was an excellent recommendation. ..-. .~ TAPE #308 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes December 18, 1985 Page 5 of 8 #3185 · M/S/C/(Horning/Amo) to approve authorizing the Mayor to ne- gotiating a phase-out extension to the existing contract with the Phoenix Croup, not to exceed 4 months and that the office of Community Development submit a budget to Council no later than January 15, 1986, detailing cost and staffing pattern. VOTE: In favor: Sturdivant, Horning, Pachek, Anderson, Amo & Johnson. Abstain: Drouin Motion PASSED. LEAVE CARRYOVER OF CITY EMPLOYEES~ #AB85-544 Mr. Dave Hiestand gave an overview of the request to carryover vacation for several personnel within the City because of staff shortages and inability to take "must" leave. The Personnel Department alerted employees to manage leave to preclude carryover into 1986 but unfortunately, as a result of pressing City requirements, especially in the Fire department, experiencing austere manning problems with some personnel unable to bring leave level balances down to preclude carryover. This decision forces Council annually to permit a few employees authority to carryover excess leave. Mr. Hiestand requested Council approval. Should Council not approve the request, it could force immediate decline in personnel within various departments or employees losing the property right benefit of leave, possibly ending up in a legal challenge. Oouncilman Sturdivant asked when the City is going to put a stop to this procedure of annual carryover of vacation by individual employees. Councilman Anderson disagreed, stating that employees who are dedicated to the best interests of the City should not be penalized. In response to Councilman Horning's question, Mr. Hiestand stated, with Council approval, the Fire Chief also can be granted carryover vacation hours. Chief Marks stated, after the first of the year, his administration will make the effort to assign vacation in the event personnel are not utilizing every man-day. He stated the U.S.Supreme Court decision to kill comp-time heavily impacted the Fire department. TAPE #309 #0157 · M/S/C/U/(Drouin/Pachek) to approve the request for carryover vacation hours for those specified individuals, on file in the Personnel office. PERSONNEL SERVICES CONTRACT - CABOT DOW ASSOCIATES~ #AB85- 545 The Council requires the services of a consultant to proceed and assist the Administration s Labor Negotiating Team to deal with the complex issues under review for the 1986 Labor Contracts with City employee bargaining units. Rates are established in attachments, on file in the City Clerk's office, with expense estimated at approximately $14,000 and services to continue on an as required basis through March- April 1986. Mr. Hiestand was present for questions and recommended Council approval. #0279 · M/S/C/U/(Johnson/Sturdivant) to approve entering into an agreement with Cabot-Dow Associates for consulting services to perform contract negotiations with city bargaining groups. REVENUE SHARINC ALLOCATiONS~ #AB8§-546 Councilman Johnson presented a prepared list of proposed allocations for 1986 Revenue Sharing funds. A motion is needed to allocate Revenue Sharing Funds. There is $20,000 available and Council has been furnished a summary of the requests received. Many of the groups that received Revenue Sharing last year worked very hard for its continuation this TAPE $309 UNAPPROVED DRAFT City Council Reg. Mtg. Minutes December 18, 1985 Page 6 of 8 year in the hopes that they would receive some level of funding for one more year. Council must decide this week as the agency budgets cannot be finalized until a decision is made. Councilman Sturdivant requested the following change in proposed allocations to allow Council consistancy in supporting similar programs from year to year: Deduct $2,000 from ALIVE program to be allocated to: (a) $~,000 - HOS?ICE (b) $1,000 - Project Pami!y #0505 · M/S/C/U/(Johnson/Sturdivant) to designate the following allocations for !986 Revenue Sharing funds: i. $8,000.00 - ALIVE Shelter fo~ Abused 2. $4,500.00 - Kitsap County Rape Response 3. $4,800.00 - Kitsap Community Action Program 4. $1,000.00 - Kitsap County Council on Alcoholism 5. $1,000.00 - Project Family 6. $1,000.00 - HOSPICE $20,000.00 - TOTAL REVENUE SHARING ALLOCATIONS - 1986 CONTRACT FOR ENGINEERING SERVICES FOR DESIGN OF RETAINING WALL AT 516 WASHINGTON AVENUE, #AB85-551 Mr. Dave Baker, Assistant City Engineer, noted that the existing retaining wail is deteriorating and will fail shortly at a rapid rate and total failure will occur if action is not taken. The Engineering Department has been in contact with Entranco Engineering to perform Engineering and Design Services for the amount not to exceed $!0,000.00. It is Staff recommendation that Council approve. Mayor Dawkins responded to questioning that persons/vehicles, will be ticketed (one already today) for entering the area block off to traffic. #0605 · M/S/C/U/(Pachek/Sturdivant) to approve entering into a con- tract with Engineering Services for design of a retaining wail at 5i6 Washington Avenue with Entranco Engineering. ORDINANCE (FIRST READING) AMENDMENT TO THE CONSOLIDATED CONSTRUCTION AND FIRE SAFETY CODES ORDINANCE #3966 - INCREASE BUILDING FEES TO 1985, #AB8§-547 Mr Don Pratt, Planning Director, stated the City is following !982 UBC fee schedule which was adopted in 1978. Staff recommends adoption of i985 UBC Building Code fee schedule unless state legislative action postpones adoption. #0704 · M/S/C/U/(Johnson/Sturdivant) to approve ordinance, first reading, amending Ordinance #3966 as related to the adopted edition of the Uniform Administrative Code. ORDINANCE (FIRST READING) AMENDMENT TO ORDINANCE #3898, BUSINESS LICENSE AND OCCUPATION, #AB85-§48 An amending ordinance is required to change the Business License and Occupation Tax Ordinance #3898 to implement Council's decision to raise the business license fee to $25.00 per year and minimum Business & Occupation Tax to $§.00 per quarter as part of the !986 Budget. Ms. Paula 3ohnston, Business License Auditor, stated this ordinance would bring user more in 2ine with costs to process paperwork. #0768 · M/S/C/U/(Drouin/Johnson) to approve_ ordinance, first , amending Ordinance No. 3898, Sec. S, 4 & 8, providing for business license application fees and occupation tax to Chapter 5.02, B.M.C. Business Licences and Occupation Taxes. TAPE #, UNAPPROVED DRAFT City Council Reg. Mtg. Mintues Decau~er 18, 1985 Page 7 of 8 ORDINANCE #4002 (SECOND READINGI AMENDING ORDINANCE #3700 - SUMMER IRRIGATION ALLOWANCE~ #AB85-537 #0821 · M/S/C/U/(Drouin/Pachek) to pass Ordinance,second reading, amending Ordinance $3700 relating to policies for determining equitable charges for users of wastewater facility system. RESOLUTION #2i03 - PARKS AND RECREATION DEPARTMENT DEPARTMENT FEES AND CHARGES, #AB85-550 The City Council, "Statements of Legislative Intent", mandated Council approval by separate Resolution all Parks and Recreation fee structures. Staff recommends approval of Resolution $2i03. Ms. Arvi!la Ohlde, Assistant Parks Superintendent, was present for questions. She explained some of the fees and how determined. Councilman Sturdivant stated he thought the Council should be responsible in setting fees to preclude staff taking criticism from citizens. $0987 · M/S/C/U/(Johnson/Pachek) to approve Resolution $2!03, sub- mitted by the Bremerton Parks and and Recreation department to the Bremerton City Council establishing fees and charges for the Sheridan Park Recreation center, Senior Recreation center, Recreation classes and Municipal Swimming Pool. ORDINANCE $4003 (SECOND READING) ADOPTING 1986 BUDGET, $AB85-538 Mr. Les Si~lin, Budget Analyst, addressed Council pertaining to the need to make minor adjustments to memo he distributed to Council. Accounts being adjusted are #001-Generai Fund, $202 - Limited General Obligation Bonds and $407 - Municipal Golf Course. Mr. Siqiin, affirmed that the carryover for the Municipal Pool is the Retro-Fit (version of heat exchanger). $1147 · M/S/C/U/(3ohnson/Anderson) to pass Ordinance $4003, of the City of Bremerton approving and adopting the financial budget for the several funds of the City of Bremerton for the fiscal year 1986, and appropriating the amounts set forth in said budgt to each fund in accordance with RCW 35.33.075, attaching a copy of the Council's "Statements of Legislative intent:: and incorporating the changes recommended by the Budget Ana!yst, on file in the City Clerk's office. ORDINANCE #4004 (SECOND' READING) RAINIER NATIONAL BANK~ REZONE FROM R-2 TO B-3~ $AB85-539 #1190 · M/S/C/U/(Drouin/Johnson) to approve Ordinance #4004, second reading, amending the use and area maps of Ordinance !792 upon application of rezone from R-2 to B-3 and subject to various requirements and other applicable laws and regulations (Rainier National Bank). RESOLUTION #2102 COUNCIL STATEMENTS OF LEGISLATIVE INTENT, #AB85-549 Councilman Johnson, presented the Council's "Statements of Legislative Intent", as prepared by the City Council Budget and Finance Committee which expresses the direction and intent of the Council pursuant to the Budget Hearings and adoption of the 1986 Budget. He noted several suggested changes in memo dated December 11, !985, as follows: (1) Pg. 7, #F; (2) Pg. 9, - Planning - b(1) & e; Pg. 10 - Planning - g; Pg. 13(d); Pg. 22(h) and Pg. 23 (3 & k). Several other suggestions were discussed with Council requesting a new draft, incorporating the suggested changes be brought before the December 2Std. meeting in order to approve the Resolution. EXECUTIVE SESSION TAPE #309 UNAPPR0VED DRAFT City Council Reg. Mtg. Minutes December 18, 1985 Page 8 of 8 With no further business, meetinG adjourned at 8:34 p.m. for an "Executive Session" - Settlement of LitiGation - Purchase of Real Property, Brooks & Dick vs City of Bremerton. No action taken by Council. With no further business, Executive Session adjourned at 8:48 p.m. ~Clerk City of Bremerton APPROVED: ART ANDERSON, Preside.~t City Council KLM:AA/cjs cc: Normal Distribution File/Vault