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HomeMy WebLinkAbout03/14/01 0UNCIL APPROVED TAPES #1'757 & 1758 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES March 14, 2001 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, March 14, 200t, at 5:30 P.M., with Council President John Law presiding. Council members present were Jim Reed, Conrad Esser, Carol Arends, David Fart, Mike Shepherd, Ed Rollman, Cecil McConnell, and Wayne Olsen. Aisc present were Deputy City Clerk Paula Johnston; Special Counsel Glenna Malanca; and Council Assistant Christine Grenier Ellingson. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation given by Deacon Roy Mclnnis of the Sinclair Missionary Baptist Church. President Law made the following announcements: 1) A Pre-Council Session was held in the Conference Room to discuss general Council business. 2) The Study Session scheduled immediately following the Council Meeting in the Council Conference Room to discuss the "Bremerton Fire Department" has been cancelled; 3) Next week there will be a Study Session to discuss "Street Maintenance" and "Engineering Results of a Paving Study"; and 4) An additional PUBLIC HEARING was added to the Agenda, Item 11-C, "ADproval of Settlement of Mayor/Council Dispute", which will be heard following a brief recess. Information regarding this item was available to the public at the table located at the back of the Council Chambers. CONSENT AGENDA A. Bid Acceptance for Purchase of 2 Infield Grooming Machines - (#AB01-061) B. Inter-local Purchasing Agreement with the City of Everett- (#AB01-062) C. Aquatic Weed Management Fund Grant Agreement- (#AB01-063) #0075 MISIC/U (McConnell/Olsen) Move to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.060, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0105 M/S/C/U (Esser/McConnell) On March 14, 2001, the Council does approve for payment those vouchers included and further described as follows: Checks 249949, and 249976 through 250221 in the amount of $648,487.03. COUNCIL MEMBER REPORTS Wayne Olsen asked the people to attend the next Combined District 1 & 2 Meeting on March 20th at 7:00 P.M. at Sheridan Park Community Center to discuss "Subjects of Interest". Cecil McConnell invited the public to contribute ideas towards positive changes to the City Charter. Ed RoIIman announced the St. Patrick's Day Parade to be held on Saturday at 11:00 A.M, and noted the public was welcome to participate if registered by 10:30 A.M. He referred to a positive meeting held with business owners and potential investors he recently attended. Mike She_oherd invited the public to attend the District 5 Meeting scheduled for Thursday, March 15, 2001 at the Memorial Lutheran Church located at 10t' & Veneta Avenue to discuss "The Proposed Merger of Central Kitsap & Bremerton Fire Districts". He also reported on emergency management meetings he has attended, as well as his trip to Washington D.C. where he was encouraged by discussions with legislators over transportation and fuel issues. TAPES #1757 & #1758 City Council Reg. Mtg. Minutes March 14, 2001 Page 2 of 6 Carol Arends commented that the Charleston Business District is considering ways to beautify the Gateway area. Conrad Esser, along with Jim Reed thanked citizens for their attendance at the recent District 8 & 9 Meeting, and reminded citizens that a Study Session scheduled next week would include a discussion on road maintenance and repair. John Law announced that the next District 3 Meeting would be held March 20~h to discuss the "Manette Plan: What Comes Next?" beginning at 7:00 P.M. at the Senior Center located at the corner of East 13th Street and Nipsic Avenue. MAYOR'S REPORT Mayor Ho~Qn commented on concerns over earthquake preparedness like road closures and traffic. LEGISLATIVE REPORT - There was no report this evening. PUBLIC RECOGNITION Carlos Mont_~omery commented on last week's Study Session regarding the "Hearing Examinee' issue. He stated that the Comprehensive Plan needed to be updated, and urged that an advisory committee be appointed to address this issue. Carol Atkinson, Bremerton Main Street Association, announced the 10~ Annual St. Patrick's Parade to be held this Saturday. She asked that anyone interested in participating in the parade register by 10:30 A.M. at the U. S. Bank parking lot. Information can be obtained by calling (360) 377-3041. Larry_ Dickerson thanked the Mayor for her involvement in alleviating concerns over remarks made by West Sound Park Commission members. Steve Corda announced a new online newspaper can be found at httD://dmz.bremerton.wa.us. Gordy Byrd commented on the limited bus access that may impact access to emergency services. Bob Jaenicke admonished behavior of both citizens and Council Members; asked for clarification on the Albertson's building permit with respect to construction, parking and traffic impacts, and impact statement. Paul Drn_ievic commented on the ongoing dispute and was encouraged by Council President Law to review the settlement agreement item that would be heard later in the meeting. 9A - U.S. DEPARTMENT OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT (#AB01- 064): Tim Sholtis, Police Department Administrative Support Manager, stated that Bremerton was awarded $62,699.00 from the U.S. Department of Justice through the LLEBG formula program. The funding is for police vehicle purchases. The City has a cash match of $6,967.00 over the grant period of October 1, 2000 to September 2002. Funding would be applied towards new police cars. Bob Jaenicke asked if the grant must be repaid. Mr. Sholtis replied that the grant would not need to be repaid, and that the grant is matched by funds from the City. Gord_v Byrd asked how many police vehicles would be purchased with the grant funds. Mr. Sholtis answered that the funds would purchase approximately 1.5 cars. TAPES #1757 & #1758 City Council Reg. Mtg. Minutes March 14, 2001 Page 3 of 6 #1130 M/S/C/U (Farr/McConnell) Move to approve accepting this Local Law Enforcement Block Grant, and comply with the special conditions to grant administration. 10A- ORDINANCE NO. 4760 (SECOND READING) APPROVING AN INTERLOCAL AGREEMENT WITH THE TRACYTON WATER DISTRICT: AND WAIVING THE PROVISIONS OF BMC 15.02.040 (#AB01-060): The first reading of this ordinance was heard at the Council meeting on March 7, 2001. There were no comments from the pubfic. #1160 M/S/C/U (Reed/Rollman) Move that City Council approve Ordinance No. 4760 on second reading, adopting the Interlocal Agreement between the City of Bremerton and the Tracyton Water District, waiving the provisions of BMC 15.02.040 as it applies to that Agreement, and directing the Mayor to execute the attached Agreement. 11A - PUBLIC HEARING AND RESOLUTION NO. 2804. REGARDING RECOVERY OF DEMOLITION FEES FOR THE ABATEMENT OF A DANGEROUS BUILDING ON THE PROPERTY LOCATED AT 808-t/2 CHESTER AVENUE (#AB01-065!: Janet Lunceford. Building Specialist TI, established that in December of 2000, the City demolished a dangerous structure located on the property at 808-½ Chester Avenue after the owner, Equity Enterprises, failed to do so as ordered by the Building Official. The cost of this action, including administrative fees, totaled $6,528.33. Council must now decide if the costs are just and reasonable and how they should be collected. There were no comments from the public. #1240 M/S/C/U (Arends/Reed) Move that Council by Resolution No. 2804, order that the fees incurred for the abatement of a dangerous structure located at 808-½ Chester Avenue be collected as reasonable abatement costs and become a lien against your property. 11B - PUBLIC HEARING AND RESOLUTION NO. 2805. REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF GARBAGE AND DEBRIS ON THE PROPERTY LOCATED AT 108 N. CAMBRIAN AVENUE (#AB01-066~: Janet Lunceford. Building Specialist ]'[, reported that on January 8, 2001, Public Works removed garbage and debris from the property located at 108 N. Cambrian Avenue after the owner, William Smokoff, failed to do so as ordered by the Building Official. The cost of the action, including administrative fees, totaled $770.00. Council must now decide if the fees are just and reasonable and how the fees should be collected. It was confirmed that all means were attempted to contact the property owner. There were no comments from the public. Mrs. Arends asked if this location has had repeat problems. Mrs. Lunceford answered yes, that there have been past abatements at this property. Mr. Esser asked for specific amounts regarding the administrative fees. Mrs. Lunceford pointed out that in this particular abatement the garbage removal itself was $170 and the administrative fee was $600. It was reiterated that the Administrative Fee for Garbage and Weed Abatement during 2001 is $618 and Dangerous Building Abatement during 2001 is $865. Mr. She_oherd asked if the Department had considered notifying an individual if liens exceed the value of the property. Mrs. Lunceford stated that the County would foreclose on the property if there were no payment made by the fourth year of liens being accumulated. #1485 M/S/C/U (Farr/McConnell) Move that Council, by Resolution No. 2805, order that the fees incurred for the abatement of garbage and debris located at 108 N. Cambrian Avenue be collected as reasonable abatement costs and become a lien against the property. TAPES #1757 & #1758 City Council Reg. Mtg. Minutes March 14, 2001 Page 4 of 6 City Council recessed at 6:20 P.M. to allow time for review of documents for the followin9 agenda item...the City Council Meeting reconvened at 6:40 P.M. 11C - APPROVAL OF SETTLEMENT OF MAYOR/COUNCIL DISPUTE OVER CITY ATTORNEY RESIGNATION (#AB01-067): It was summarized that the Council President and Mayor have entered in a tentative settlement of all issues relating to the City Attorney. Provision is made for the recruitment and hiring of a new City Attorney; provision for part-time Special Counsel until January of 2002; an ordinance clarifying Council/Mayor authorities relating to resignation of City Attorneys; release from liability and collateral agreement; suspension of all litigation costs and dismissal of the Council Complaint for Declaratory Action; a Study Session to consider changes to the Charter; and facilitation of the Council/Mayor working relationship. A City Attorney is to be hired as a funded position. Settlement provides for Special Counsel to be part-time subsequent to March 31, 2001. An amended contract and funding for the part-time position will follow at a later date. The proposed settlement reduces litigation expenses and contemplates dismissal of the City Council Complaint for Declaratory Action upon passage of the proposed ordinance relating to City Attorney resignatior)s. President Law commented that the motions would address the ordinance, the settlement agreement, and release from liability and collateral agreement. Mr. Farr asked the public to address only the four items in their comments. Mr. Shepherd asked for point of order and requested that the issues be clarified prior to submitting to public comment. Mayor Horton stated that this document has required a great deal of negotiation. She supported moving forward and approving this settlement agreement; but added that there are additional issues to be addressed in the City Charter besides the resignation verbiage. In conclusion, she thanked all the individuals involved in this process. The following are summarized comments from citizens who s!2oke on this issue: Dr. Richard Grant stated that the citizen's did not approve a change in the City's form of government at the last election because they desired a "strong Mayor" form of government. He was now concerned that this agreement would "weaken the Mayor", and change how this City is run. Gordy Byrd was concerned over the idea presented in the settlement agreement that would remove agenda items from public comment. Mr. McConnell and ~ clarified that the settlement agreement is addressing items that could potentially be submitted by Council members for an Agenda, it is not addressing items that are actually on an Agenda, which still allow for comments from the public. Richard Neville asked how many attorneys the City would have, given this agreement, and what would Special Counsel's workload be; requested Council to consider fiscal responsibility; pointed out that there are many needs to be filled and that there are vacant jobs. Darren McDermott read a statement to the Council; asked that the issue be resolved quickly but not at the expense of the taxpayer; and asked for the resignations from Glenna Malanca, John Law, Ed Rollman, and Conrad Esser. Don Bollman advised that the Assistant City Attorney be appointed as City Attorney. TAPES #1757 & #1758 City Council Reg. Mtg. Minutes March 14, 2001 Page 5 of 6 Susan Bell commented that the current events are bad for the City's image; asked for a "No Confidence Vote" for City-wide elected officials during the May 15 election. Paul Drnje¥ic read a statement summarized as follows: 1) The problem stemmed from action with Bill Palmer and duties that arose from the Planning Department legal issues which led to the resignation; 2) Pointed out that this is actually a "vendetta", and that decisions made during a Study Session should not be allowed; and 3) He asked that he be allowed to comment upon additional comments made during the meeting. Elizabeth Buell supported the City Council's action in resolving the issue. Roy M¢lnnis supported the proposed documents and affirmed that an agreement must be made, and agreed that the City Charter must be reviewed. Larry_ Dicker$on stated that changes must be made; and asked for a vote of "No Confidence" to be presented. John Lyell pointed out the cost that the dispute has brought upon investors and resulting loss of business; and asked for a vote of no confidence. Council comments and discussion: Mrs. Arends reiterated that the issue has involved a lot of compromise and that the Council will abide by the agreement. She also asked the citizens to consider the added cost for a Special Election when requesting the "No Confidence" vote. Mr. She_oherd promoted positive communication; and asked the Mayor to address what fund will the money come from to pay the attorneys; and why can't the Assistant City Attorney take over the work of the City Attorney. TAPE #1758 Mayor Horton responded that the possibility of the Assistant City Attorney being appointed as City Attorney was considered, however the qualifications and experience level listed in the' current "City Attorney Job Description" may not be met. She also clarified that although she has not yet talked to the City Treasurer on this issue, it is probable that unused funds in the Legal Department due to the vacant City Attorney position would be transferred to the Council budget. A resulting Budget Adjustment would likely be presented next week. Mr. Rollman referred to a City Trends Report provided by the Association of Washington Cities, which showed that when a dispute occurs between a Mayor and a City Council, there is a negative impact on City business. Mr. Olsen stated that changes to the Charter must be placed on the ballot for a vote although Council can make recommendations; added that 5 Council Members are up for election and 1 Council Member may step down; specified that the cost of the special election would be $17,000; pointed out that following the agreement the Council would attend to the City's business. Mr. McConnell commended the Mayor for bringing this agreement forward. Mr. Farr hoped that any losses would be recouped following this agreement; and made recommendations for a possible amendment regarding Item 5 in the agreement. TAPES #1757 & #1758 City Council Reg. Mtg. Minutes March 14, 2001 Page 6 of 6 Mr. Reed apologized to the realtors for any loss in business given this situation; clarified that the agreement entails following the rules of the City; and the intent of the Council was to abide by those rules in interpreting the Charter and given responsibilities. #0600 Main Motion M/S/C/U (Shepherd/Esser) Move to approve the proposed Settlement Agreement between the Mayor and City Council, resolving all issues relating to the City Attorney. Motion carried unanimously. #07'15 Amending Motion M/S/C (FardMcConnell) Move to approve the proposed Settlement Agreement between the Mayor and City Council, resolving all issues relating to the City Attorney, and striking the following from Item 5 "All current agenda items not for the positive good of the City will be removed'. Voted in favor of the motion: ©lsen, McConnell, Farr, Arends, and Reed Voted opposed to the motion: Rollman, Shepherd, Esser, and Law Amending Motion carried: 5-Yes; 4-No #0735 M/S/C/U (Shepherd/Farr) Move to approve release from liability and collateral agreement. Motion carried unanimously. #07'45 M/S/C (Shepherd/Reed) Move to approve ordinance on first reading adding a new section to Chapter 2.06. Voted in favor of the motion: Olsen, McConnell, Rollman, Shepherd, Arends, Esser, Reed, and Law Voted opposed to the motion: Farr Motion carried: 8-Yes; l-No With no further business, meeting concluded at 7:40 P.M. Prepared and Submitted. by: L~R1~31~ITH, Legislative"7~'ssista nt Attest: /~ ~ ,// PAt.~.~A-~I~¢I~4-~ ~eputy City Clerk <¢:~HN LAW, Ci"ty Council President City of Bremerton JL/PJ/Is/cge c:Normal Distribution File