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Home My WebLink About10/09/02TAPES #1853 & #1854 CITY COUNCIL MEETING MINUTES October 9, 2002 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, October 9, 2002, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Council Member Eric Younger was absent. Also present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Council Liaison Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McOonnell, followed by the invocation provided by Chaplain Conrad Dodd of Kitsap Lake Baptist Church. CONSENT AGENDA A. Minutes of Meeting - September 25, 2002 (#AB02-180) B. Minutes of Meeting - October 2, 2002 (#AB02-181) C. COPS MORE 2002 Technology Grant Award (#AB02-182) #0022 M/S/C/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 42.24.080, 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. #0065 M/S/C/U (McConnell/Maupin) On October 9, 2002 the Council approved payment for Check Numbers 275037 through 275188; 275189; 275190; 275218 through 275394 in the amount of $1,447,443.03 on the Master Check Register; Retiree Payroll for the pay period ending September 30, 2002 in the amount of $134,614.97; and Regular Payroll for the pay period ending September 30, 2002 in the amount of $1,082,702.33. COUNCIL MEMBER REPORTS Wayne Olsen noted that he attended the AWC Regional Meeting held at the Howard Johnson on Tuesday, October 8, 2002. Ed Rollman reported on his attendance at a Nuisance Committee meeting to discuss "Code Enforcement"; and commented on the Evergreen Park expansion which may eventually allow trails to be constructed leading from the park to the downtown area. Mike Shepherd provided a detailed report on the topics discussed at the AWC Regional Meeting held at the Howard Johnson on Tuesday, October 8, 2002; reported on the successful First Friday Art Walk event held last week, and again encouraged residents to shop within their community. Will Maupin was privileged to represent the City at the MIA/POW Remembrance Ceremony and Dinner; the American Public Transportation Association Conference in Las Vegas, NV; and the AWC Regional Meeting last night. Mike Short reported on his attendance at the KRCC Policy Board Retreat on September 24; and reported on the District 8 & 9 Neighborhood Meeting held September 26. He thanked Police Chief Rob Forbes; Ron Kerns, Crime Prevention Specialist; and Detective Wendy Davis of the Bremerton Police Department for her presentation on "Crime Prevention & Block Watch Programs". He also wished his wife Patricia a "Happy Birthday". TAPES #1853 & #1854 City Council Reg. Mtg. Minutes October 9, 2002 Page 2 of 6 Carol Arends reported on her attendance at the Bremerton Symphony; and her planned attendance at the Puget Sound Regional Coordinating Council Policy Board meeting tomorrow in Seattle. MAYOR'S REPORT - There was no report by the Mayor this evening due to his attendance at a meeting of mayors from Bremerton, Bellingham, Everett, Bellevue, Spokane, Renton, and Yakima hosted by Mayer Greg Nickels of Seattle. Due to the absence of Mayor Cary Bozeman, Council President Arends read the following Proclamations on his behalf: · October 6- 112, 2002 was proclaimed as "Emergency Nurses Week"; and October 9, 2002 was proclaimed as "Emergency Nurses Day", which would be forwarded to Harrison Memorial Hospital. · October 6 through 12, 2002 was proclaimed as "Mental Illness Awareness Week" in Kitsap County, which was accepted by Myra Clodius from the National Alliance for the Mentally TII (NAM[) · October 17, 2002 was proclaimed as "International Credit Union Day" to recognize Kitsap Community Federal Credit Union, which was accepted by Scott Henderson from the Bremerton Branch of Kitsap.Community Federal Credit Union. PUBLIC RECOGNITION Police Chief Rob Forbes was proud to announce the City of Bremerton Police Department had received accreditation from the Washington Association of Sheriffs and Police Chiefs and will be recognized at the next Association Conference to be held in Vancouver, Washington in November. Gordy Byrd discussed a project he has undertaken to collect 21,000 pencils for Bremerton schools. Roy Mclnnis announced that Sinclair Missionary Baptist Church would be celebrating their 59t' anniversary at 3:00 P.M. on Sunday, October 27; and next year, for the 60th anniversary celebration, he was pleased to announce that the guest speaker would be the Reverend Doctor and President of the Northwest Baptist Convention, C.W. Andrews from Spokane, WA. Becky Lorber announced that the annual Halloween Ball will be held at Tucker's Restaurant located at Gold Mountain Golf Course on Saturday, October 26. Ms. Joyce announced a week without violence from October 20 to 26 to honor National Domestic Violence Month; and the Annual Unity Luncheon would be held at Mary Mac's Restaurant on October 23. Paul Drzewiecki from the Literacy Council, announced that Tony Ventrella of Channel 13 News will be at the Admiral Theater on Tuesday, October 29 to discuss his inspirational message. 8A - APPOINTMENT OF SHARON CROMLEY AS RESIDENT COMMISSIONER TO THE BREMERTON HOUSING AUTHORITY BOARD (#AB02-183): Sherril Huff-Menees, on behalf of the Mayor, pointed out that the term for the current Resident Commissioner on the Bremerton Housing Authority Board has expired. The attached application is being recommended by Mayor Bozeman to fill the vacancy. Council approval is necessary for the appointment. Sharon Cromley thanked the Council for this opportunity. There were no comments from the public. #1105 M/S/C/U (Maupin/OIsen) Move to approve the Mayor's recommendation to appoint Sharon TAPES #1853 & #1854 City Council Reg. Mtg. Minutes October 9, 2002 Page 3 of 6 Cromley as Resident Commissioner to the Board of the Bremerton Housing Authority. 8B - BUDGET ADJUSTMENT NO. 2002-19 FOR GOLD MOUNTAIN GOLF COMPLEX (#AB02-184): Jim Spencer, Parks & Recreation Director, summarized that this budget adjustment is required in order to accommodate the compensation requirements specified in the Professional Services Agreement with Scott Alexander and Daryl Matheny, which was previously approved on April 24, 2002. These requirements were dictated by Bond Council. The delay in preparing the accompanying budget adjustment was due to the uncertainty surrounding the restaurant performance. There were no comments from the public. #1165 M/S/C/U (Nygren/McConnell) Move to approve Budget Adjustment Request 2002-19. 8D - APPROVAL OF PERMANENT DEVELOPMENT MANAGER POSITION IN THE COMMUNITY DEVELOPMENT DEPARTMENT; AND BUDGET ADJUSTMENT NO. 2002-20 (#AB02-185): Chris Hugo, Director of Community Development, explained that the position that Jim Svensson has held as a temporary for the past year at %-time is presented for Council approval as a new permanent position of Development Manager remaining at %-time. Work load as a reflection of permit revenues increased 30% in 2002 and is anticipated to increase an additional 40% in 2003. There were no comments from the public. #1395 M/S/C/U (Shepherd/Olsen) Move to approve Development Manager position in the Community Development Department. #1415 M/S/C/U (Shepherd/Nygren) Move to approve Budget Adjustment Request No. 2002-20 to fund a permanent Development Manager position. 9A- PUBLIC HEARING REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLOCATIONS FOR 2003 (#AB02-186): Paul Roqerson, Planning Manager with Community Development Department, established that on July 24, 2002, the City Council approved the 2003 CDBG Policy Plan, which included CDBG rules and regulation, as well as the allocation process. Funding availability was advertised and applications were accepted until August 22, 2002. The CDBG Advisory Committee (Roy Mclnnis, Tina Davis, and Ron Smith) reviewed the applications, conducted interviews, and individually rated each application. Attached are the funding recommendations from the CDBF Advisory Committee based on their scores. Further discussions were held on unexpended funds. Paul Drzewiecki representing the Literacy Council, stated that his organization applied for funds this year, but did not receive any funding. He requested that unexpended funds be allocated to the Literacy Council. Sarah Coyle, from the Max Hale Center, discussed their dire need for funding. Joanne Gower representing the Kitsap Sexual Assault Center, thanked the City for their continued support. Bill Preston from the Bremerton Food Line, thanked the City for their continued support of the Bremerton Food Line. Roy Mclnnis, a member of the CDBG Advisory Committee, discussed the great difficulty in allocating the limited amount of funds when all of the organizations who apply have very valid needs. TAPES #1853 & #1854 City Council Reg. Mtg. Minutes October 9, 2002 Page 4 of 6 Mr. Maupin asked if the funding percentages could be increased to offer to service organizations. Mr. Rogerson responded that the percentage of funds provided for disbursement is set by the Federal Government. He stated that they would further study the rules on unexpended funds. Mr. Olsen and Mr. Short commended the work done by the three members of the CDBG Advisory Committee. #2445 M/S/C/U (Shepherd/McConnell) Move to approve the CDBG Advisory Committee recommendations for the 2003 CDBG Allocation. The Council also thanked the Committee members for their efforts. 9B - RESOLUTION NO. 2875 REGARDING RECOVERY OF FEES FOR SECURING THE BUILDING ON THE PROPERTY LOCATED AT 901 PLEASANT AVENUE (#AB02-187): Janet Lunceford, Code Enforcement Officer, displayed photos of the building located at 901 Pleasant Avenue. On June 25, 2002, the water service to the apartment building located at 901 Pleasant Avenue was terminated due to non-payment of charges. On August 7, 2002, a Notice and Order to Abate Unsafe Conditions, and a Notice to Vacate were issued and delivered to the owner and the tenants, requiring them to either arrange to have the water service restored or to vacate the structure by August 10, 2002. The legal requirements for notice were met. On August 14, 2002, after failure to comply with the order, the building was vacated and secured against entry. After an attempted break-in on August 20, 2002, Public Works reboarded a portion of the building on August 23, 2002. The cost of the work, including the administrative fee, totaled $2,447.20. Council must now decide if the costs are just and reasonable, and how those fees should be collected. There were no comments from the public. Council member Wayne Olsen stepped out of the meeting at approx. 6:45 P.M. and was not available for the following vote. #2645 M/S/C/U (Short/McConnell) Move to pass Resolution No. 2875, and order that the fees in the amount of $2,447.20 incurred for securing the building located at 901 Pleasant Avenue be collected as reasonable abatement costs, and become a lien against the property. Council member Wayne O/sen returned to the meeting at approx. 6:51 P.M. 9C - RESOLUTION NO. 2876 REGARDING RECOVERY OF FEES FOR REMOVAL OF VEGETATION ON THE LISTED PROPERTIES (#AB02-188): Janet Lunceford, Code Enforcement Officer, displayed photos of the various properties. Ordinance No. 4584 declares that it is unlawful and a nuisance to allow, continue, or maintain grass and weeds exceeding twelve (12) inches in height, shrubs, brush, vines or trees which constitute a fire hazard or provide a harborage for rats, rodents or horticultural pests, or noxious and poisonous plants. The listed properties are currently in violation of the ordinance and pursuant to Section 9.14 of the Bremerton Municipal Code. The legal requirements for notice were met. Council is asked to approve the removal of the nuisance vegetation on the property and collection of the costs incurred by personal judgment against the owner and a lien against the property. There were no comments from the public. #2835 M/S/C/U (Shepherd/McConnell) Move to pass Resolution No. 2876, ordering that the nuisance vegetation on the properties identified by the attached listing by removed by the City with fees incurred collected as reasonable abatement costs, which shall become a personal judgment against the owner TAPES #1853 & #1854 City Council Reg. Mtg. Minutes October 9, 2002 Page 5 of 6 and a lien against the property. 9D - ORDINANCE (FIRST READING) GRANTING A ONE-YEAR FRANSHISE TO CASCADE NATURAL GAS CORPORATION (#AB02-189): Kathy McCluskey, Director of Administrative Services, informed the Council that the attached ordinance grants a one year franchise to Cascade Natural Gas Corporation for the period October 10, 2002 to October 9, 2003. City staff recommends a one year franchise to allow time to properly prepare to negotiate a new longer franchise. The many changes in state and federal law regarding Right-of-Way use, and the electricity and natural gas industry create some uncertainty regarding favorable franchise terms. There were no comments from the public. #2945 M/S/C/U (Short/OIsen) Move to approve Ordinance on first reading, granting one-year franchise to Cascade Natural Gas Corporation. 9E - ORDINANCE (FIRST READING) AMENDING CHAPTER 3.02 OF THE BMC RELATING TO THE CITY BUDGET STRUCTURE AND POLICY BY PROVIDING FOR AN ANNUAL BUDGET BEGINNING JANUARY 1, 2003, AND MAKING RELATED MINOR AMENDMENTS TO SAID CHAPTER (#AB02- 190): Dick Saunders, Finance Director, established that the current provisions of Chapter 3.02 of the Bremerton Municipal Code provide for a biennial budget. Background information on annual vs. biennial budgets was provided, however to best serve the interest of the City, if was recommended that an annual budget would be more responsive in meeting the financial challenges of the City of Bremerton. There were no comments from the public. Mr. McConnell asked questions about the Discretionary Fund, which he stated when originally presented to the Council it was indicated that no funds would not be spent without the approval of the entire Council. Mr. Saunders replied that it is his position that the policy would be modified, and decisions would be made by the Council as a whole. Mr. Shepherd and Mr. Short expressed their support for this ordinance. TAPE #1854 #0010 M/S/C/U (Shepherd/Short) Move to approve the proposed ordinance on first reading. 9F - ORDINANCE (FIRST READING) REPEALING ORDINANCE NOS. 4771 AND 4772 TO BRING THE CITY BACK INTO COMPLIANCE WITH THE REQUIREMENT OF THE GROWTH MANAGEMENT ACT(#AB02-191): Roger Lubovich, City Attorney, pointed out that Ordinances No. 4771,4783 and 4784 were appealed to the Central Puget Sound Growth Management Hearings Board, and in a Final Decision and Order issued on July 29, 2002, the Board determined that the City's adoption of Ordinance No. 4771,4783 and 4784 did not comply with the requirements of RCW 36.70A.130 providing that the Comprehensive Plan be amended not more frequently that once per year. The proposed ordinance repeals Ordinance No. 4771 and companion Ordinance No. 4772 to bring the City back into compliance with the requirements of the Growth Management Act. A written statement provided by Helen Miller which expressed her concerns regarding the ordinance was made a part of the official public record in its entirety. Mr. Shepherd asked if the City can choose which Ordinance to disregard. Mr. Lubovich responded TAPES #1853 & #1854 City Council Reg. Mtg. Minutes October 9, 2002 Page 6 of 6 that the Growth Management Board ordered the City to amend, affirm, or repeal, leaving it up to the City to choose which route of bringing the City into compliance. He believes that the solution being proposed will be accepted by the Growth Management Board. #0300 M/S/C/U (Rollman/Nygren) Move to approve the attached substitute ordinance on first reading. With no further regular business, the meeting adjourned at 7:20 P.M. Att,e~/~/~.' CArReL ARENDS, City Council President City of Bremerton Prepared and Submitted by: LORI SMITH Council Liaison CAIPJ/Is/cge c: Normal Distribution; File