The URL can be used to link to this page

Home My WebLink About11/18/2009 s CL DIGITAL RECORDING i CITY COUNCIL MEETING MINUTES Wednesday, November 18, 2009 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, November 18, 2009, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 a Street, Bremerton, Washington, with Council President Cecil McConnell presiding. Council Members present were Nick Wofford, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, and Brad Gehring. Also present were City Attorney Roger Lubovich, City Clerk Carol Etgen, and Council Assistant Christine Grenier. A COUNCIL BRIEFING was held to discuss General Council Business; and at 5:30 PM the meeting moved to the First Floor Meeting Chambers. The Pledge of Allegiance was led by Council Member Brad Gehring followed by the invocation provided by Reverend Paul Meeker of Our Saviour's Lutheran Church. MAYOR'S REPORT — There was no Mayor's Report tonight... PUBLIC RECOGNITION A group of citizens organized to form a group called "Friends of Evergreen Park" and were in attendance to express their concerns about a planned condo and commercial project near Evergreen Rotary Park. Raven Rayne read a letter in opposition to the proposed project. David Mercer expressed specific concerns over the height and scale of the proposed condo which would directly impact the character of the neighborhood and increase traffic significantly; and hoped that the new mayor would pay close attention to this matter. Catherine Pervus commented that the city does not need additional rental housing and also questioned whether Evergreen Park was an appropriate location for approximately 100 more units. Tim Henkel pointed out that views from his rental property will be completely blocked by the proposed project and believed that this project will ruin the entire neighborhood. Sue Wells was very concerned about the size of the project and the potentially huge impact on traffic with the influx of new tenants. Lisa Lawrence emphasized that Evergreen Park may be part of the Downtown Area Sub Area, it is a different neighborhood, and the proposed project does not fit into the character of that neighborhood; and requested that Council take a closer look at density, character, and traffic issues. Chris Nordleaf Downtown Bremerton Association, thanked Mike Shepherd, Roy Runyon and the Bremerton Fire Department for their help at the Downtown Trick or Treat event on Halloween. CONSENT AGENDA A. Check Numbers 334618 through 33487; and EFT -9288 through EFT -9326 in the amount of $2,155,543.05; Regular Payroll in the amount of $746,168.35 for the pay period ending November 15, 2009; and Retiree Payroll in the amount of - ($147.89) for the pay period ending October 31, 2009 B. Minutes of Meeting — November 4, 2009 C. Minutes of Study Session — November 10, 2009 D. Reappointment of M. Blair Schuetz to the Arts Commission E. Reappointment of Deborah Woolston to the Arts Commission City Council Reg. Mtg. Minutes Wednesday, November 18, 2009 Page 2 of 7 F. Intergovernmental Cooperative Purchasing Agreement with Kitsap County G. Interlocal Agreement between the City of Bremerton and South Kitsap Fire & Rescue regarding EMS and Fire Protection Services to South Kitsap Industrial Area (SKIA) H. Award Contract to HOS BROTHERS CONSTRUCTION, INC. for Site Preparation for "UV Treatment Facility" Project There were no questions or comments from the public... 05:52:55 M /S /C /U (Runyon /Arends) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A – AWARD CONTRACT TO ROGNLIN'S FOR CONSTRUCTION OF "GORST SEWERAGE PROJECT PUMP STATIONS SB-3 AND SB-4 " Michael Mecham City Engineer, summarized that 5 sealed bids for construction of the project titled "Gorst Sewerage Project Pump Station SB -3 and SB-4" were opened on November 5, 2009, and ROGNLIN's was the lowest responsive bidder with a bid of $2,251,278.00 (including sales tax). The City Engineer's estimate for the contract was $2,177,844.00 (including sales tax). There were no questions or comments from the public... 05:55:39 The Main Motion was made and seconded, as discussion was opened to the Council... 05:57:11 M /S /C /U (Brockus/Wofford) Move to award a contract in the amount of $2,251,278 (including sales tax) to ROGNLIN'S for construction of the project titled "Gorst Sewerage Project Pump Station SB -3 and SB-4 "; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented, contingent upon the execution of the ARRA loan agreements. PUBLIC HEARINGS TA HEARING FOR LEASE AGREEMENT WITH KITSAP COMMUNITY RESOURCES (KCR) FOR PARKING ON SMITH SCHOOL PROPERTY Wyn Birkenthal Parks & Recreation Director, explained that Kitsap Community Resources (KCR) operates Head Start, Child Development, and Veterans Assistance programs at the former Smith School Building, and that off - street parking for participants is in short supply leading to overflow parking and congestion on Elizabeth and Park Avenues. The attached agreement allows KCR to make use of an abandoned City -owned tennis court located east of the Smith School building to provide approximately 12 additional parking spaces for program clients. In return for use of the property KCR will assume responsibility for the day to day landscape maintenance of the Smith School neighborhood park. This item was unanimously recommended by the Parks & Recreation Commission at their August meeting. Mr. Birkenthal added that the agreement includes a five - year term and any future renewal would have to be reviewed by the Parks & Recreation Commission, fully recommended to Council, and then followed by Council action. President McConnell stated that the first Public Hearing was held on November 4, 2009, and then opened the Public Hearing for comments... Larry Ever Kitsap Community Resources, clarified that a pervious surface is intended for the parking area that is mentioned in the agreement. President McConnell stated that with no further comments, the Public Hearing was now closed to the public... 06:00:41 The Main Motion was made and seconded, as discussion was opened to the Council... City Council Reg. Mtg. Minutes Wednesday, November 18, 2009 Page 3 of 7 Mr. Shepherd reiterated several concerns, and particularly did not like the idea of trading park property for a parking lot; would like to see underutilized park property converted back to park use; would also like to see a rain garden added; and was pleased with the potential use of pervious surfaces to address the stormwater issue. Mr. Gehrina thanked Larry Eyer for considering the use of pervious pavement. Mr. Runyon believed that this is a good use of limited space which will meet the needs of the clients at Kitsap Community Resources. 06:04:42 M /S /C /U (Shepherd /Runyon) Move to authorize the Mayor to enter into the Smith School Parking Agreement with Kitsap Community Resources (KCR) as amended; and execute the agreement with substantially the same terms and conditions as presented. 7B — FIRST PUBLIC HEARING TO APPROVE AND ADOPT THE 2010 ANNUAL CITY BUDGET Andy, Parks Finance Director, explained that per RCW 35.33.057, public hearings are required to present the budget, and that the City Council has held Budget Workshops on November 5, November 9, and November 10; and a final public hearing is scheduled on December 2, 2009. He provided a Power Point ® presentation outlining the process used to prepare the budget, summarized staffing levels by department, and discussed how economic recovery and related revenue may factor into future budgets. President McConnell opened the Public Hearing for comments... Chris Nordleaf encouraged the City to tighten its budget the way residents do. John Thomas expressed concerns about raising utility rates for the wrong reasons at the wrong time. President McConnell stated that with no further comments, the Public Hearing was now closed to the public as discussion was opened to the Council... Mr. Shepherd reiterated that he has received concerns from citizens regarding utility rates, and likened the use of Real Estate Excise Tax (REET) to "payday loans ". Mr. Runyon encouraged people to share their ideas on areas where the city could make cuts, and generate revenue without impacting core services; and added that there are special utility rates available to assist elderly, low income, or disabled residents. Mr. Gehrino stated that personnel costs, equipment replacement, and unfunded mandates have all raised the cost of business. Mr. Maupin asked for clarification on the REET issue; and spending reductions. Mr. Parks responded that REET is being used to leverage significant funding from other sources with a repayment plan over the course of 20 years. He then discussed the process that management went through to cut spending which included labor union negotiations for reduced salaries through reduced hours, and early separation or retirement. This process was coupled with an aggressive pursuit of grants with emphasis on non - matching funding opportunities. 6:48:10 No action is required until the second public hearing scheduled for December 2, 2009. 7C — PUBLIC HEARING ON REVENUE SOURCES FOR THE 2010 ANNUAL CITY BUDGET, WHICH INCLUDES ITEMS 7C(1) THROUGH 7C(5) Andy Parks Finance Director, explained that RCW 84.55.120 requires a public hearing on revenue sources for the following year's expense budget. The public hearing must include consideration of the possible increases in property tax City Council Reg. Mtg. Minutes Wednesday, November 18, 2009 Page 4 of 7 and revenues, and shall be held prior to the time the City levies the taxes or makes the request to have the taxes levied. Separate agenda bills are provided for each of the 5 action items 7C(1) through 7C(2): President McConnell opened the Public Hearing for comments on all rive items... President McConnell stated that with no further comments, the Public Hearing was now closed to the public as discussion was opened to the Council on all five items... (1) ORDINANCE NO. 5096 TO UPDATE RATES AND FEES FOR 2010: AND TO AMEND CHAPTER 3.01 OF THE BREMERTON MUNICIPAL CODE (BMC) In conjunction with preparation of the 2010 Proposed City Budget, the administration is recommending that certain fees and rates found in Chapter 3.01 Rate Tables be amended, specifically Rate Table E - "Fire Department" to modify and increase the ambulance transport fees and increase the fire watch fees; and Rate Table F - "Parks & Recreation Department" to increase some fees for facility rental rates, use of park facilities and athletic fields, adult and youth programs, the Ivy Green Cemetery, and establishes new fee categories for Gold Mountain Golf Course. 06:56:15 M /S /C /U (Runyon /Shepherd) Move to approve Ordinance No. 5095 amending Chapter 3.01 of the Bremerton Municipal Code (BMC) updating Rates & Fees for 2010. (2) ORDINANCE NO. 5096 AMENDING CHAPTER 3.50 OF THE BREMERTON MUNICIPAL CODE (BMC) RELATING TO UTILITY TAXES FOR WATER, WASTEWATER, AND STORMWATER UTILITIES (ADDITIONAL PAYMENT IN LIEU OF TAX (PILOT) FEE TO PROVIDE ADDITIONAL FUNDING TO THE CITY'S GENERAL FUND) Current economic conditions have resulted in significantly reduced revenue to the City General Fund beginning in late 2008 and continuing throughout 2009; and projected to continue through 2010. To provide additional funding to maintain City service levels at minimum levels committed to through various outside grants and local voter approved property tax increases (EMS Levy) a non permanent additional PILOT of six percent (6 %) is included in the proposed 2010 General Fund Budget and Utility Budgets. 06:57:07 The Main Motion was made [Runyon] and seconded [Brockus], as discussion was opened to the Council... Mr. Shepherd commented that he believes public involvement has been too limited. Mr. Maupin pointed out that $11- million in ARRA funds has been made available to the City for funding utility projects which will benefit all residents of Bremerton; which is one argument to justify giving some of the money back to the General Fund. Mr. Runyon asked what is the impact of not adding the 6% PILOT on the City's utilities. Mr. Parks summarized that $2 to 4 million or approximately 20 public safety employees would have to be cut to find the same savings. Mr. Gehrinsa reminded that Council that language in the ordinance states that "it is the intent of the City Council that as economic conditions improve and/or the City identifies alternative revenue sources the additional utility taxes provided in this ordinance are to be reduced and/or eliminated "... 07:04:34 M /S /C (Runyon /Brockus) Move to approve Ordinance No. 5096 amending Chapter 3.50 of the Bremerton Municipal Code (BMC) relating to Utility Taxes for Water, Wastewater, Stormwater Utilities. City Council Reg. Mtg. Minutes Wednesday, November 18, 2009 Page 5 of 7 Voted in favor of Motion: Maupin, Wofford, Gehring, Brockus, Runyon, McConnell Voted opposed to Motion: Robinson, Arends, Shepherd Motion carried: 6 -Yes; 3 -No (3) ORDINANCE NO. 5097 TO ADOPT UTILITY RATES AND GENERAL FACILITIES CHARGES: AND TO AMEND CHAPTER 15.06 OF THE BREMERTON MUNICIPAL CODE (BMC) The proposed ordinance amends Appendix A of Section 15.06.015 of the Bremerton Municipal Code (BMC) relating to assessments, rates, fees, and charges for municipal water, wastewater, and stormwater services by establishing new rates for all categories to implement a 3% rate increase effective January 1, 2010, and an additional 3% rate increase effective July 1, 2010. 07:05:10 Main Motion to approve Ordinance No. 5097 adopting new utility rates effective January 1, 2010 and July 1, 2010, and amending Chapter 15.06 of the Bremerton Municipal Code (BMC)was made [Wofford] and Seconded [Maupin] as discussion was opened to the Council... Mr. Shepherd explained that this rate increase is specifically to adapt to the taxes that were just raised with the PILOT to generate more revenue for the General Fund and the citizens have no option but to live with it. He did not think this plan was going to be effective and did not support further increases which would make Bremerton a less attractive place to live. Mr. Wofford respectfully disagreed with Mr. Shepherd, and clarified the money is not going to the General Fund but to the Enterprise Funds (Utilities) that include Water, Stormwater, and Sewer because utilities are very expensive projects to maintain and improve. He further commented that after discussions with Mayor -elect Patty Lent, she stated that she has some ideas and would like some time to do a little research and therefore he would like to make a motion to continue action until the next Council Meeting on December 2. 07:10:30 Motion to Continue was made [Wofford] and seconded [Maupin] as discussion by the Council continued... Mr. Runyon agreed that it was very expensive to run utilities, but disagreed with Mr. Wofford and stated that part of the 3% rate increase is to help the Utilities recoup the PILOT and believed it was important to be up front about it. He would like to hear alternatives to increasing the PILOT. Mr. Maupin hates the idea of raising utility rates however pointed out that previous Administrations refused to raise rates and therefore ran the utilities into deep debt; and over $50- million was spent in the last 10 to 20 -years separating sewer and stormwater. The good news is that the water quality in Puget Sound around Bremerton is much better. Mr. Gehring does not like the idea of raising taxes but reiterated that compliance costs have increased and even with grant funding, there is a need to support utilities. Mr. Runyon asked who qualifies for low income assistance for utility bills. Mr. Williams answered that the program would be run through Kitsap Community Resources and federal guidelines would need to be met for low income elderly and disabled individuals. 07:21:57 M- Continue /S /C/ (Wofford /Maupin) Move to Continue Ordinance No. 5097 to the Council Meeting on December 2, 2009. City Council Reg. Mtg. Minutes Wednesday, November 18, 2009 Page 6 of 7 Voted in favor of Motion: Arends, Maupin, Wofford, Gehring, Runyon, Shepherd, Robinson, and McConnell Voted opposed to Motion: Brockus Motion to Continue Carried: 8 -Yes; 1 -No (4) RESOLUTION NO. 3102 MAKING A DECLARATION OF SUBSTANTIAL NEED FOR PURPOSES OF SETTING THE LIMIT INCREASE AT 1% FOR 2010 PROPERTY TAX LEVY RCW 84.55. 010 provides that a taxing jurisdiction may levy taxes in an amount no more than the limit factor multiplied by the highest levy of the most recent three years plus additional amounts resulting from new construction and improvements to property, and any increases in the value of state - assessed utility property. RCW 84.55.005(2)(c) allows for the taxing jurisdiction with a population of 10,000 or over to use a limit factor as the lesser of 101 percent or 100 percent plus inflation. Currently the taxes levied in the City of Bremerton in 2009 for collection in 2010 will decrease except for the amounts resulting from new construction and improvement to property, and any increase in the value of state - assessed utility property. RCW 84.55. 010 provides for use of a limit factor of 101 percent or less with a finding of substantial need by a majority plus one vote of Council Members. The City General Fund revenues are decreased from 2008 for the second consecutive year. The additional property tax authority will provide funding to be used for public safety, street maintenance, . and preservation of the City's other basic core services. 07:22:44 M /S /C (Brockus /Runyon) Move to pass Resolution No. 3102 making a Declaration of Substantial Need for purposes of Setting the Levy Limit Increase at 1% for 2010. Voted in favor of Motion: Maupin, Wofford, Gehring, Brockus, Runyon, Shepherd, Arends, and McConnell Voted opposed to Motion: Robinson Motion Carried: 8 -Yes; 1 -No (5) ORDINANCE NO. 5098 ESTABLISHING THE PROPERTY TAX LEVY FOR COLLECTION IN 2010 The City's property taxes are levied on an annual basis through passage of an ordinance. The proposed ordinance will implement a general property tax levy and a voted EMS levy at the statutory rate limit as well as a bond redemption levy at a rate adequate to provide funds necessary to meet debt service obligations. 7:23:38 M /S /C (Runyon /Brockus) Move to approve Ordinance No. 5098 levying general, EMS, and bond repayment property taxes for collection in 2010. Voted in favor of Motion: Wofford, Gehring, Brockus, Runyon, Shepherd, Arends, Maupin, and McConnell Voted opposed to Motion: Robinson Motion carried: 8 -Yes; 1 -No COUNCIL MEMBER REPORTS Mike Shepherd announced that he would host his last District 5 Community Meeting on Thursday, December 10, 2009 at 6:00 PM at the Memorial Lutheran Church, and it will also provide an opportunity for the constituents to meet Greg Wheeler, the new District 5 Council Member. City Council Reg. Mtg. Minutes Wednesday, November 18, 2009 Page 7 of 7 Roy Runyon reported on his attendance at Homelessness Conference hosted by Kitsap Community Resources (KCR) and included information about a program called "Safe Park" which allows homeless people to sleep in their own private vehicles near locations with facilities, and he would like to see the City of Bremerton obtain a similar program. Adam Brockus mentioned Winterfest will be held on Friday, December 4 from 6:00 to 8:30 PM. Brad Gehring challenged each Council Member to bring in and retain one new business. Nick Wofford reminded citizens to make sure storm drains in their neighborhoods are clear. President McConnell recessed the meeting at 7:28 PM for a 5- minute break; to be followed by a 15- Minute Executive Session with no action required. 9A — EXECUTIVE SESSION 15- minute Executive Session to discuss a "Real Estate Acquisition" per RCW 42.30.110(1) (b) (Meeting was extended for 5 minutes and there was no action taken...) With no further business, President McConnell adjourned the Council Meeting at 7:53 PM. Prepared and Submitted by: � a CHRISTINE GRENIER Council Assistant Attest: CAROL TGEN, City Clerk CECIL McCONNEL , City Council President CM:CE:ls:cg