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06/24/1974 - Regular - MinutesPort Orchard, Washington June 24, 1974 Council of the City of Port Orchard, Washington called to regular meeting by Mayor Pro Tempore Robert G.Geiger. Council members present: Caldwell, Doyle, Libby and Roos. Councilman Fulton excused while on vacation and Councilman Van Zee on account of illness. Also present Engineer Knobbs, Chief Dow, Chief Weatherill and attorney Terry McCluskey. Councilman Caldwell moved that the minutes of the meeting of June 10, 1974 be approved as circulated. Motion seconded by Councilman Roos. Councilwoman Doyle moved to amend the motion to make the following corrections: Page 1, Paragraph 5: Ms. Doyle pointed out that budget amount was $19,000 and that arterial street money should be obtained for arterial paving. (ADD Federal before shared revenues) Page 2, Paragraph 3:(Statement attributed to Attorney Sexton is nonsense and should be corrected,) Page 2, Paragraph 4: Line 8 Mrs. Doyle reported the clerk's answers to questions: Who authorized the extension of the insurance coverage? No one. Who authorized the writing of specifications by insurance agent? No one. Who reviewed the bid specifications before publications? I think Paul (Powers) saw them. Page 2, Paragraph 4: Line 16 Mrs. Doyle thinks the awarding was unfair and possibly illegal. (ADD) Move paragraph 5 to top of page 4 after 4. Page 3: Council reviewed the report on environmental impact and accepted it. (Delete last line as not part of the motion and an appropriate. The word insignificant was not used here and does not apply.) Page 3, Paragraph 3: ADD (first) An explanation of the settle- ment agreement on the downtown marque was given by Attorney Sexton. Number 2: Contract with Kramer, Chin and Mayo (last) Number 3: Add engineering before consultant. Page 4: Add: Mrs. Doyle noted that new copies of the budget had just been distributed. She distributed graphs of the city's revenue and expenditures for comparison with other cities in the state. Page 4: Add: Caldwell stated that additional water was needed in order to attract new developments to the area. Page 4, Paragrapg 2: ADD Mrs. Doyle asked that in fairness to the engineering firms who had applied to the city that they should be considered, and noted that two firms had locally based personnel who could supervise construction, but Kramer, Chin and Mayo did not. (Check statement attributed to attorney with him This is meaningless as it stands:)'the contract is of standard form'should be replaced.) 9 June 24, 1974 Page Two Page 4, Number 1: engineer's report cost would be $3,000 or 4,000 or 5,000. Last paragraph, middle of lst line: those people WHO Page 5, Paragraph,5:add at end of 1st line: Waiver fee of $10 to civic service clubs. Paragraph 6: add at end of next to last tence: except for some employee time. Change � to g� side of Prospect. Paragraph 7: 3rd line administrative assitant Milt Martin Last 2 lines: There is funding available now until December at 75% after which is expected to decrease to 60%. Councilman Roos stated that the tape recorder which Councilwoman Doyle had set up to record be removed from the room. Councilwoman Doyle stated the recorder was for the benefit of the Clerk in that he could get accurate minutes and also for the public so they can hear accurate minutes. Councilman Roos called for a point of order and wanted a ruling from the Chair in that in his recollection the Council had moved at a previous meeting that the minutes would not be recorded. Mayor ruled that the recorder would not be used. Mayor Geiger acting as Finance Committee Member reported on the financial condition of the City as of the end of May 1974. The revenues have been received by the City in approximately the amounts as had been anticipated. Also, that the City is in good financial condition as of the date of the report. Also stated that the department heads have been very careful in their spending and that the expenditures are also as had been expected. Councilwoman Doyle reported for the Park Committee, stating that she had inspected the parks and found very little work is being done, that the School Di �t had hir d one man and the supervised recreation program will the of July. The basement is being used to store tables. TA, I sement should be used for community use and the building should be tept open for public use, suggesting that the City waive the fees -err and that there are many responsible persons here that use the keys and would like to have this facility widen its use. Also stated that there is $104,000.00 budgeted in federal shared revenues and would like to see some of this money used for recreational facilities. Mayor stated that the Park Commission and the Park Committee should study these items and come up with recommendations for the Council to consider. Chief Dow was informed that the lights in the Active Building are not being turned offbythe night patrol officer and this should be investigated. Mayor Geiger stated that he had overlooked an item on the Financial Report and at this time would like to report to the public and the Council of the items and the transaction relative to the 1973 Refunding Bond Issue. Stated that because of the high interest rates in 1969 caused by a short money market, the City entered into this refunding issue as did many other municipalites in order to recoup some of the interest costs. The complete report on the the 1973 Refunding Issue is as follows: February 26, 1973 Hon. Paul D. Powers, Mayor And Members of the City Council Port Orchard, Washington Gentlemen: Attention - Robert Lloyd, City Clerk I will pay you $100.00 per each $100.00 principal amount, plus accrued interest, for all of $300,000 legally issued City ta June 24, 1974 Page Three of Port Orchard, Washington, Advance Refunding Water & Sewer Revenue Bonds, 1973, bearing interest at the rate of 6 1/8% per annum and maturing serially in the same dollar amounts and on the same dates as those of your presently outstanding Water & Sewer Revenue Bonds, 1969. This proposal is for bonds bearing the approving legal opinion of Roberts, Shefelman, Lawrence, Gay. & Moch, bond counsel, Seattle, Washington, which the City agrees to furnish. I agree to sell you, and you agree to buy from me, $300,000 principal amount of United States Treasury 6 5/8o Notes due November 15, 1979 at a price of $301,000 plus accrued interest. These U.S. Treasury Notes are to be placed in trust by you to secure the above issue of Advance Refunding Water & Sewer Revenue Bonds, 1973. Upon the maturity of these U.S. Treasury Notes on November 15, 1979, the principal proceeds are to be used to refund and pay your outstanding $300,00 of Water & Sewer Revenue Bonds, 1969, on December 1, 1979 at a price of 102.50. When the outstanding Water & Sewer Revenue Bonds, 1969, are redeem, ed on December 1, 1979 the new issue of Advance Refunding Bonds, 1973, are to be secured by all of the covenants and protective features of the presently outstanding 1969 issue. This Advance Refunding operation is calculated to save the City of Port Orchard an estimated $41,784 of interest: 7 3/8% interest on outstanding $300,00 Water $ Sewer Revenue Bonds, 1969, from 12/l/79 to 12/1/94-about $246,330 6 1/8% interest on $300,000 Advance Refunding Water & Sewer Revenue Bonds, 1969, from 12/1/79 to 12/l/94 about 204,546 Indicated interest saving to Port Orchard $ 41,784 The interest cost, bond premium of $7,500 , legal and printing costs of the new Advance Refunding issue of 1973 will be pro- vided by the interest to be received by you from the U.S. Treasury 6 5/8% Notes, as follows: I circulate the interest to be earned by you from the $300,000 of U.S. Treasury 6 5/8% Notes over the term to 11/15/79 amounts to I calculate the interest to be paid by you on the $300,000 of 6 1/8% Advance Refunding Water &Sewer Revenue Bonds, 1973, over the term to 12/1/79 will amount to ..................... $122,495 The 22o premium (price of 102.50) to be paid by you upon redeeming the $300,000 of Water & Sewer Revenue Bonds, 1969, on 12/1/79 (the re- funding date) amounts to ................... 7,500 Cost of the legal opinion and printing of the new $300,000 of Advance Refunding Bonds, 1973 1,500 $132,495 Premium to be paid by you on the purchase from me of the $300,000 U.S. Treasury 6 5/8% Notes 1,000 $132,495 (0) This offer is respectfully submitted for acceptance this 26th day of February, 1973. Sincerely, Terry Thompson & Co. By: The foregoing offer of Terry Thompson & Co. is hereby accepted 3 June 24, 1974 Page Four in accordance with its terms by official action of the City Council at regular session this 26th day of February, 1973. ATTEST: CITY CLERK MAYOR Councilman Roos asked the Mayor to inform Councilwoman Doyle to abide by the rule of the Chair earlier to cease the use of the tape recorder. Councilwoman Doyle responded by saying the Council is not in the spirit with the 1st Amendment and that she would like some cooperation from the Council. Mayor Geiger recessed that meeting for a coffee break at 8:50 P.M. Council resumed meeting at 9"05 P.M. Mayor reported that the minutes of March 11, 1973 stated that the City dispense with the use of a tape recorder at their meeting, but that a private citizen could use a recorder if they so desire, and on this theme Councilwoman Doyle continued to use the tape recorder. Mayor Geiger pointed out that the omission of the interest income to the City from the Treasury Notes was of significant importance and should have beem included in the letter in which she accused the Council action constituting a betrayal of the public trust, said letter being published in the Bremerton Sun. Councilwoman Doyle, stated that she heard no errors or misrepresentation found in her letter. Councilwoman Doyle also stated that her conclusions were valid and that the Council takes the work of the one Broker and agrees to whatever he says, and that the Coucil should ask a lot of questions and find out what is good for the City. Mayor informed Councilwoman Doyle that there were two brokers who were asked about the money market and the interest rates at the time of the 1969 Water -Sewer Revenue Bond Issue and that they were in agreement. Councilman Roos, member of the Water Committee reported that there were 45 water taps installed in Sidney Street between Division and Melcher Streets replacing those that were found to be old and leaking. The job was completed over the weekend with the cooperation of the entire crew of Public Works. Also, the marina is about 90% complete. He further reported that Annapolis Sewer District has permanently sealed in the 15" line from manhole #25 with a plug. Chairman Libby of the Police Committee reported that they could not come to any conclusions re "Mr. Monteith's complaint, or on the false alarms problem as the Chief has been out of the City. This will be accomplished when the Chief returns. Also, the delivery of the new police car should be in a few weeks. Chairman Caldwell of the Street Committee reported that they may have a crushed rock surface on the Port parking lot in time for the carnival, and that the Harbormaster has allowed the carnival to use the lot. Stated that the City's backhoe, a 1966 model, is in need of a complete overhaul plus a motor overhaul, and the cost of both the engine and chassis over- haul would amount to $6,000.00. Also, the Case Company had loaned a Model 580 for the City to try and would sell it to the City for $11,000.00 less $2,000.00 turn in on the Model 530. This machine will dig deeper and is larger, and would like Council to consider the purchase of the Model 580, and allow the Superintendent of Public Works to call for bids. Reported that the Utilities Fund has been increased with the receipt of $18,700.00 from the Federal Water Act because of increase in the per- centage of the matching funds which had not been given at the time of the Westbay Interceptor Project. Also, that it is necessary to obtain r/w deeds from the residents in the area, from Melcher to Taylor Streets. Probably would use �2- culvert (open drain). The City has received four employees from the Department of Labor and Industries, three are in the Department of Public Works and one in the Clerks Office. These employees will be with the City for a period of ten (10) weeks, u June 24, 1974 Page Five they will receive $2.00 per hour which will be paid by the Department of Labor and Industries on behalf of the County and the only requirement of the City is to complete and furnish time sheets to the Department of Labor and Industries. Informed Council that the contractor on the Sidney Street job may be forced to cease operations because of possible strike. Mr. and Mrs. Cumbo, Rt. 3, Box 39, requested permission of the Council to place a mobile home on an acre of property owned by them on Sherman Avenue, next to the Collin's barn and about 1000 feet west of Sherman. They stated that they have placed money down on an 8' x 42' mobile home and it can be seen at Hunts Mobile Sales at Gorst. Matter referred to Street and Alley Committee to be reviewed and investigated and to report its findings at the next Council meeting. (E acre of the W/2 of SE4 of NW4 Sect 35 - 24 - LE North of existing access road.) Mrs. Kay Knierim, 814 Bay Street, stated that she had leased at the aforementioned address and had inquired at the City Hall if a business license was required in the City and when informed in the negative, had proceeded to redo the inside in a motif congruous with a boat boutique. She stated she has about $4000.00 worth of merchandise available, and the Building Department of the City in conjunction with the Fire Department informed her that her interior or furnishings did not comply with the fire standards of Fire Zone #1 and that she could not open her business to the public until compliance is met. She stated that the City should have a business license to protect people like herself. Council informed Mrs. lierim that the Fire Committee and the Fire Chief, under the jurisdiction of the Building Inspector, would meet with her and work out something. Fire Committee will again review the pending action on Business Licensing. Mayor recessed Council at 9:35 for break. Mayor called the meeting back to order at 9:50 P.M. Chief Dow reported that the Chief's Conference was quite productive, that new criminal history files will soon be available from Washington D.C. thru the teletype and there will hopefully be a new training academy for law enforcement officers in the near future. Attorney McCluskey informed Council that he had discussed the Clauson problem with Mr. Clauson's attorney and as neither could agree as to the definition of an open storage yard, it was mutually agreed that the City would file an injunction against Mr. Clauson and this will be argued in the courts. Also, the matter of a Special Use Permit will be argued..in the courts. Clerk reported that no answer had been received from the School District on the City's proposed contract with the School District for joint cooper- ation for supervised recreation at the Givens recreational area. ,Zeerca*m oval Dir ..��1.��.i�.t�,ic��,-�•A�s�...,end,-����a., 1 as to insuring the intif ""°tc to°iti ° tfi= grogram: Councilman Roos stated he had met with Mr. Hergert and was informed that a man has been hired for the project. Clerk will contact School District relative to the agreement. A study session will be set up some time after the July 10 meeting to determine what is to be done in the area of a zoning ordinance. Engineer reported that at the end of June a permit will be obtained from the Kitsap County Health Department to allow the City to discharge sludge from the treatment plant at the disposal site. On motion by Councilman Libby, seconded by Councilman Caldwell and carried, Council approved the Kiwanis Club to hold a Coaster Derby on Kendall Street and close that portion of Kendall between Sidney and Cline from 9:00 A.M. to 1:30 P.M. on July 4, 1974 and that the Kiwanis will obtain a liability insurance policy in the total amount of $1,000,000.00 cov- ering Bodily and Personal Injury and Property Damage, and that said r June 24, 1974 Page Six policy shall hold the City harmless from and against all claims, damages or lossed it may suffer occasioned by the acts of the Kiwanis Club during the Box Car �1erb Councilwoman Doyle voted no, hf� cr�aaC- t,r "51 aA t"F Sfr uC�}f �esd as AIC µ S(•f E /f'11V P f ASA.O- u,VA ac ►W907 Dem4,V'D be - Clerk read letter from Butler and Associated Insurance Company relative to the call for bids by the City for the City's insurance needs for the next three years. Three points were listed as follows: 1. The City of Port Orchard prepared and provided the specs. 2. Item #21 asked that we exclude false arrest for the Police Department. 3. There was no mention in the specs that there could be any negotiation to change or alter the bid. Also stated his office and his bid were not fairly dealt with. Council- woman Doyle moved that the Attorney review the procedures in the call for bids and the award of the bid, prepare opinion of the procedures and for- ward this with a copy of Mr. Butler's letter to the State Insurance Commissioner for his consideration. Motion seconded by Councilman Cald- well. Councilwoman Doyle stated that the Council cants to be fair and that a question has been raised,. sheu-3&_ abide , „1se tit �'�„ ,.,. r.ght__aa_te-eti�er ecpny ta- be -hers On the question, Council did not carry the motion, with three nays and one Yea. The agreement from the South Kitsap School District to allow for the marching band of the Senior High School to use Mitchell Avenue for prac- tice in marching referred to Attorney for review and will be acted upon at the next meeting. On motion by Councilman Caldwell, seconded by Councilman Libby and carried, Council approved the Mayor to sign on behalf of the City, the Communications Planning Study Report prepared by the Kitsap County Civil Defense. On motion by Councilman Roos, seconded by Councilman Caldwell and carried, Council approved that Mr. James Gay, of the firm of Roberts, Shefelman, Lawrence Gay & Mock, IBM Building, Seattle, Washington prepare the ballot ,r proposition for the General Obligation Bonds for the election on Septem- ber 10, 1974. Councilwo n D,YI seated the Council should reconsider the bond ballot an`�Af �f�e�'tha �`t 84,people will not vote the bond issue in and that this is a waste of time and effort. She further stated that the people are not getting oiW on this project. Counailwman Doyle- voting -no. On motion by Councilman Caldwell, seconded by Councilman Libby and carried, Council approved the Mayor to sign on behalf of the City the Union Con- tract between the City and The Washington State Council -County & City Employees. Clerk presented Council with the completed Evaluation and Declaration of Environmental Significance as prepared by developers, Mr. & Mrs. Louis Molzahn, 1866 Sidney for a determination as the significant effect to the environment, if any. City Engineer explained areas in which there could be problems and after considerable discussion relative to the area and the environment, the Council, on motion by Councilman Caldwell, seconded by Councilman Libby and carried, tabled any action until next meeting. Councilman Roos moved and Counilman Caldwell seconded that the Fire Department be allowed to have a truck and uniformed firemen at the Box Derby on July 1, 1974 at 9:00 A.M. Motion amended on motion by Libby and seconded by Councilman Roos that the City command car also be allowed to be at the race. Council approved the amendment to the motion. On the amended original motion Council approved the motion as amended. Councilman Caldwell reported that he would attend the meeting at 7:30 P.M. on Wednesday June 26, 1974 in the Council Chambers called by Commis- sioner Mahan relative to a public swimming pool. Councilwoman Doyle read letter to the Mayor and the Council protesting June 24, 1974 Page Seven the Clerk did not notify her of a meeting on June 4, 1974. That letter is as follows: To the Mayor and Council, Port Orchard: I was not notified of the meeting of the full council in public study session on the important question of water supply which took place on 4 June 74. I asked other councilmen at the meeting, and they informed me that the city clerk had made telephone notifications to them. Both my husband and I were home most of the time that week and would have responded to attempts to reach me. I notified Mayor Powers at the time of the negligence in notifications. The clerk said he thought he had checked my name. The fact is he did not notify me. I read the newspaper notice and appeared at the meeting. I will remind you that there was no other., notification and the meeting had not been announced previously. Maxine Doyle Councilwoman Doyle reported that she had attended the AWC Convention in Seattle but would hold her report until the next Council meeting. Councilman Libby read a letter prepared by him to the Council in regard to the letters that appeared in the Letters to Editor submitted by Councilwoman Doyle. The complete text is as follows: I would like to take a brief time to respond to the accusations made by Councilwoman Doyle in the "The Letters To The Editors" columns of both new8papers last Wednesday. We've been accused, and when I say we, I mean I have been accused of having lost sight of the reason for my position as a City Council- man. Let me say here, that my one desire for seeking this position was to serve the people oflPort Orchard and to make our city a better place in which to live. Each time I vote on an issue brought before this Council, I vote as I think one of our citizens might vote. I very strongly resent the in print attack on the members of the Council and me personally as a member of the Council. I feel this was an attack on my personal integrity as well as the integrity of my fellow Council members. We've been accused of Cupidity and Stupidity by Mrs. Doyle. If I'm to be accused of being greedy, this is so, I'm greedy of having the best for our city. Even if we as tax payers have to pay more dollars to attain the best. I would also inform Mrs. Doyle in regards to her use of the work stupidity. I do not consider myself lacking in intelligence, neither do I feel that I'm guilty of an extreme dullness of perception or under standing. I feel that Mrs. Doyle owes an apoligy for her written words to me and to this Council as a whole. Meeting adjourned at 11:30 P.M. on motion by Councilman Roos seconded by Councilman i,,ibbv and carried. CLERK MAYOR The following, corrections to the minutes of June 24, 1974 are submitted: Fa-e 2 \r'Line 7 Change South to North Yaragrajh 4 Line. 7 delete after "fear''. I-a-9 5 Paragraph 8 . delete Unes 4 - 7 Page 6 Paragraph 1, ADD because of the insurance stipulation which she had spoken against as an unnecessary demand on Kiwanis. V-I'aragraph 3, Delete line 8 and 2nd half line 7 Paragraph 6, line 5, AI.;: replacea-I xredicted " with "Wade a political prediction". ne 8, replace "any choice" with "a reasonable choice". Resrectfully, Maxine Doyle