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
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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
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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
~-~ ~
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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.
..-. .~
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#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
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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.
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Decau~er 18, 1985
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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
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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
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