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HomeMy WebLinkAbout05/19/2021 MINUTESCITY COUNCIL VIRTUAL MEETING MINUTES Wednesday, May 19, 2021 A virtual meeting of the City Council of the City of Bremerton was called to order Wednesday, May 193 2021, at 5:30 PM with Council President Kevin Gorman presiding. Council Members present were Eric Younger, Mike Simpson, Michael Goodnow, Lori Wheat, Leslie Daugs, and Pat Sullivan. Also present were City Attorney Roger Lubovich; City Clerk Angela Hoover; Legislative Office Manager Lori Smith; and IT Systems Administrator Kelly Wells. President Gorman read a statement that per an amending proclamation issued by Governor Inslee extending the "Stay Home —Stay Healthy" order to help reduce the spread of COVID-19, the Council Meetings are allowed to be conducted virtually until the order is rescinded. MAYOR'S REPORT • Provided an overview of the latest Covid-l9 Health Update from the Kitsap Public Health District; and encouraged the public to continue wearing masks and to get vaccinated; and • As of now, masks are still required at Bremerton City Hall. PUBLIC RECOGNITION Comments were provided by Anna Mockler and Kiaha Lon_g. a . CONSENT AGENDA 4A — Claims & Check Register: Check Numbers 393627 through 393794 and Er-V33039 through EFT433137 in the grand total amount of $2,778,601.12; Regular Payroll for pay period ending April 30, 2021 in the amount of $886,878.42; and Regular Payroll (pay out) for pay period ending April 30, 2021 in the amount of $3,516.03 4B — Minutes of Meeting — May 5, 2021 4C — Minutes of Study Session — May 12, 2021 4D — Local Agency Supplemental Agreement No. 2 with Skillings, Inc. for the Washington & 11tn Roundabout Project 4E — Professional Services Agreement with Barker Creek Consulting, LLC for Construction Management Services for Oyster Bay Beach Sewer Upgrades There were no questions or comments from the public.. . 5:38 M/S/C/U (Sullivan/Simpson) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 5A —ORDINANCE NO. 5421 AMENDING THE BREMERTON MUNICIPAL CODE RELATING TO GENERAL BUSINESS LICENSES TO SUPPORT TRANSITION TO WA STATE BUSINESS LICENSE SERVICES ONLINE APPLICATIONS: Community Development Director Andrea Spencer explained that starting in 2018 State law was changed by the Washington State Legislature with the passage of EHB 2005; this law requires that the cities with business licensing programs contract with either FileLocal or Washington State Business License Services (State BLS) for online license applications. In order to meet the requirements of State law the City entered into a contract with FileLocal in April 2018, and that contract ends on September 30, 2021. The City will not be renewing with FileLocal because we have found that this contract has not met our online licensing needs. In addition, prior to the execution of this contract, FileLocal shared with the City that it was anticipated that our annual contract costs would go down over time as other cities joined with their agency. Although other cities have joined FileLocal, our annual contract cost City Council Reg, Mtg. Minutes Wednesday, May 19, 2021 Page2of6 has remained at approximately $40,000. All recent indications from FileLocal about future annual fees appear to be remaining the same and not indicative of any large reductions. In order to continue to meet the requirements of State Law, Bremerton has contracted with State BLS for online business license applications, and the State BLS system will be live for Bremerton Businesses on July 15, 2021. In mid -May the City will be sending correspondence to all of our license holders to make them aware of the switch from FileLocal to State BLS and offer assistance for the transition. The State BLS will be responsible for the acceptance of all the City's online business license applications, and they will transmit all license fees that they collect back to the City. The State will retain license fines and penalties, which are usually levied for such items as late payments. The City's usual annual fines and penalties are estimated to be between $10,000 to $15,000. By changing from FileLocal to State BLS we anticipate an annual cost savings of $25,000 to $30,000. The proposed ordinance attached to this agenda bill makes modifications to the City's licensing code to make the transition to the State BLS and other minor housekeeping modifications for code clarity. Tax & License Specialist Sr. Jeanette Wischhoefer was available to answer questions. There were no questions or comments from the public.. . 5:41 Motion was made by Daugs; and seconded by Goodnow... Questions and comments were provided by Daugs, Goodnow, and Younger; with responses provided by Ms. Spencer... 5:45 MIS/C/U (Daugs/Goodnow) Move to pass Ordinance No. 5421 to make modifications to the Bremerton Municipal Code provisions for general business licenses to support Washington State Business License Service (State BLS) online applications and other minor housekeeping changes for code clarity. 5B —PUBLIC WORKS AGREEMENT WITH DOOLITTLE CONSTRUCTION, INC. FOR THE 2021 CITY ROAD PRESERVATION PROJECT: Engineering Project Manager Andrea Parsons used used a PowerPoint to summarize that the City advertised the 2021 City Road Preservation Project and three bids were opened on April 30, 2021. Doolittle Construction, LLC is the lowest, responsive, responsible bidder with their bid of $439,768.40, including sales tax. The project provides for chip sealing, slurry sealing, and micro -sealing multiple locations around the City of Bremerton. Questions and comments were provided by Kevin Walthall and Anna Mockler; with responses provided by Ms. Archer -Parsons... 5:54 Motion was made by Younger; and seconded by Simpson... Questions and comments were provided by Younger, Simpson, Daugs, and Goodnow; with responses provided by Ms. Archer - Parsons... 6:01 M/S/C/U (Younger/Simpson) Move to award contract to Doolittle Construction, Inc. for the 2021 City Road Preservation Project in the amount of $439,768.40; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 5C —ORDINANCE NO. 5420 TO REPEAL AND REPLACE CHAPTER 6.32 OF THE BREMERTON MUNICIPAL CODE ENTITLED "NOISE LEVELS": Police Chief James Burchett stated that the City is seeking to amend Chapter 6.32 of the Bremerton Municipal Code entitled 'Noise Levels" for the purpose of minimizing the exposure of citizens to the physiological and psychological effects of excessive noise and to protect, promote and preserve the public health, City Council Reg. Mtg. Minutes Wednesday, May 19, 2021 Page 3 of 6 safety and welfare. It is the express intent of the City Council to control the level of noise in a manner which promotes commerce; the use, value and enjoyment of property; sleep and repose; and the quality of the environment. Recognizing these risks and within the limits established by the First Amendment, recommend Chapter 6.32 be amended to address the problem of noise pollution. Assistant City Attorney Mychael Rava was also available to answer questions. Questions and comments from the public were provided by Emma Swisher, Kevin Walthall, and Anna Mockler; with responses provided by Chief Burchett... 6:11 Motion was made by Sullivan; and seconded by Goodnow... Questions and comments were provided by Sullivan, Goodnow, Daugs, Younger, and Simpson, Wheat and Gorman; with responses provided by Chief Burchett, Mayor Wheeler, Ms. Spencer, and Mr. Rava... 7:47 M/S/F (Sullivan/Goodnow) Move to pass Ordinance No. 5420 amending Chapter 6.32 of the Bremerton Municipal Code entitled "Noise Levels." Voted in favor of Motion: Goodnow, Sullivan Voted opposed to Motion: Simpson, Younger, Daugs, Wheat, Gorman Motion failed: 2-Yes; 5-No President Gorman called a break from 7:49 to 7:55 PM... 5D —RENEWAL OF AGREEMENT WITH REDFLEX TRAFFIC SYSTEMS, INC. FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM: Lt. Mike Davis reiterated that the Redflex Traffic Systems provides the citywide Photo Red Light Enforcement Program which includes processing of infraction data and issuance of citations in nine locations across the City. The agreement includes two (2) options to renew for periods of two years each. This modification is the exercise of the second, two-year renewal period, making the expiration of the agreement June 30, 2023. Due to Council action on May 5 to postpone this item to May 19, discussion continued with questions provided by Daugs, Wheat, Simpson, Younger, Sullivan, Goodnow, and Gorman; with responses provided by Contracts Administrator Melinda Monroe, Managing Engineer Shane Weber, Lt. Mike Davis, and Mayor Wheeler... 8:34 M/S/C (Younger/Goodnow) Move to approve renewal of agreement with Redflex Traffic Systems, Inc. for Photo Red Light Enforcement Program and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. Voted in favor of Motion: Younger, Sullivan, Goodnow, Gorman Voted opposed to Motion: Simpson, Daugs, Wheat Motion carried: 4-Yes; 3-No 5E —AUTHORIZE 1 FTE TRANSPORTATION PROJECT MANAGER; AND 1 FTE INTERNAL SERVICES MANAGER FOR THE PUBLIC WORKS &UTILITIES DEPARTMENT: Public Works & Utilities Director Tom Knuckey explained through a Power Point presentation that in 2019 the City contracted with FCS Group to evaluate staffing levels in the Engineering Division; the evaluation conclusion is that staffing levels should increase. To begin implementing the report findings, staff request a new Transportation Project Manager be approved in the 2021 budget, in addition to the two new Development Staff Council previously approved on April 7tn Staff additionally request that a new Internal Services Manager position be created to address structural concerns with Public Works &Utilities Management. The assumed pay band for this position is Band 16, consistent with the other Public Works managers. City Council Reg, Mtg, Minutes Wednesday, May 19, 2021 Page4of6 This band will be confirmed by Human Resources through a salary survey. Adding this new position will allow the creation of a needed Office Assistant Senior position by downgrading an existing Utilities Service Specialist position. Comments from the public were received by Anna Mockler... 8:52 Main Motion was made by Wheat; and seconded by Goodnow... Questions and comments were provided by Wheat and Sullivan; with responses provided by Mr. Knuckey... 9:00 Motion to Postpone was made by Simpson; and seconded by Younger... Questions and comments were provided by Wheat, Goodnow, Sullivan, and Daugs... 9:08 Motion to Postpone/S/F (Simpson/Younger) Move to postpone the consideration of this item until October 28 during the Public Works Budget Workshop. Voted in favor of Motion to Postpone: Simpson, Younger Voted opposed to Motion to Postpone: Sullivan, Daugs, Wheat, Goodnow, Gorman, Motion failed: 2-Yes; 5-No 9:14 A/F (Simpson) Amendment to the Motion was made by Simpson to limit the Pay Band to the Median Income Range within the City of Bremerton. Failed due to lack of a second... 9:16 M/S/C (Wheat/Goodnow) Move to create the position of Internal Services Manager at Band 16 of the Management, Professional, Confidential & Fiduciary Salary Plan to be confirmed by a salary survey, and authorize the 2021 mid -year hire of an Internal Services Manager and approve a $26,550 increase to the labor budget of the General Fund, $26,550 from Water, $8,850 from Wastewater, $8,850 from Stormwater, and $17,700 from Equipment Services; and approve the mid -year hire of a Transportation Project Manager, and approve a $94,500 increase to the Engineering General Fund budget with revenue to the Engineering General Fund of $9,450 from Stormwater. Voted in favor of Main Motion: Sullivan, Daugs, Wheat, Goodnow, Gorman Voted opposed to Main Motion: Younger, Simpson Motion carried: 5-Yes; 2-No 59= —AUTHORIZE 1 FTE LEGAL ASSISTANT FOR CIVIL DIVISION; AND INCREASE TO 1 FTE LEGAL ASSISTANT FOR PROSECUTION DIVISION IN THE LEGAL DEPARTMENT: City Attorney Roger Lubovich and City Prosecutor Gary Hersey used a Power Point presentation to explain the City Attorney's office is seeking to increase Prosecution's Legal Assistant position from a part time to a full-time position. The City Attorney's office is also requesting to add a full-time Legal Assistant position in the Civil Division to assist the City Clerk with public records and other functions, as well as providing assistance with litigation and contract review. Comments from the public were received by Kiaha Lon_g and Anna Mockler... 9:33 Motion was made by Daugs; and seconded by Sullivan... Questions and comments were provided by Sullivan, Younger, Wheat, and Daugs; with responses provided by Mr. Lubovich, Mr. Hersey, and Mayor Wheeler... 9:56 M/S/C/U (Daugs/Sullivan) Move to: 1) Increase Prosecution's Legal Assistant position from a part time to a full-time position at Band 4, Rate 1 of the Management, Professional, Confidential R. Fiduciary Salary Plan; 2) Create a full-time Legal Assistant position in the Civil division at and 4, Rate 1 of the Management, Professional, Confidential & Fiduciary Salary Plan; 3) Authorize the 2021 mid -year hire of a full-time Legal Assistant position in the Civil division; and 4) Approve a $76,000 increase to the 2021 labor budget of the General Fund. City Council Reg. Mtg. Minutes Wednesday, May 19, 2021 Page 5 of 6 5G —PROFESSIONAL SERVICES AGREEMENT WITH KITSAP LAW GROUP FOR INTERIM CITY ATTORNEY LEGAL SERVICES: Mayor Wheeler stated that Kylie Finnell through Kitsap Law Group will serve as the City of Bremerton Interim City Attorney from June 21, 2021 to December 31, 2021. The duties of the Interim City Attorney will include advising the City on legal matters, supervising pending litigation, attending meetings customarily attended by the City Attorney, and consulting with the Mayor on City Attorney's Office departmental operations. City Attorney Roger Lubovich was also available to answer any questions. Comments from the public were provided by Jeff Cou_ghlin... 9:59 Motion was made by Daugs; and seconded by Sullivan... Questions and comments were provided by Daugs, Wheat, Simpson, Younger, Goodnow, Sullivan, and Gorman; with responses provided by Kylie Finnell, Mr. Lubovich, and Mayor Wheeler... 10:38 M/S/F (Daugs/Sullivan) Move to authorize a budget re -allocation of $84,000 from the City Vtorney's office personnel budget to professional services; approve the Professional Services Agreement with Kitsap Law Group; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. Voted in favor of Motion: Goodnow, Sullivan, Gorman Voted opposed to Motion: Wheat, Simpson, Younger, Daugs Motion failed: 3-Yes; 4-No COUNCIL MEMBER REPORTS Mike Simpson mentioned yesterday was the 40th Anniversary of the Mount Saint Helens eruption; encouraged Kylie Finnell to apply for the full-time position; and recognized that this was Law Enforcement Appreciation Week. Lori Wheat thanked everyone for their civic engagement; invited the public to participate in the process to draw new legislative and congressional districting lines by providing online public testimony on Monday, May 24 from 7:00 to 9:00 PM; and added that it's been a long day since she also attended the Kitsap League of Women Voters Annual Meeting earlier today. Leslie Daugs established that in place of their regular June meeting, the Race Equity Advisory Committee will be partnering with Kitsap Economic Development Alliance for a Kitsap BIPOC (Black, Indigenous, People of Color) Business Forum on Thursday, June 10 at 6:00 PM. Pat Sullivan announced that she will not be running for re-election. President Gorman reminded the public that all meetings will be held by Zoom until further notice, including the Study Session next week on Wednesday, May 26, 2021 beginning at 5:00 PM. With no further business, President Gorman adjourned the Council Meeting at 10:47 PM. Prepared and Submitted by: r LORI SMITH Legislative Office Manager City Council Reg. Mtg. Minutes Wednesday, May 19, 2021 Page 6 of 6 APPROVED by the City Council on the 2"d day of June, 2021. KEVIN GORMAN, City Council President Attest: KG:AH:Is:cg