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Home My WebLink About03/26/03TAPE #1885 ~ 9 2no3 CITY COUNCIL MEETING MINUTES March 26, 2003 The weekly meeting of the. LCity Council of the City of Bremerton was called to order in the City Council Chambers, 2394'" Street, Bremerton, Washington, Wednesday, March 26, 2003, 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 Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Deacon Roy Mclnnis of Sinclair Missionary Baptist Church. President Arends made the following announcements: 1. A Pre-Council session was held in the Council Conference Room to discuss updates to the meeting Agenda. CONSENT AGENDA A. Minutes of Meeting - March 19, 2003 (#AB03-044) B. Purchase of a Fairway Mower for the Gold Mountain Golf Comptex (#AB03-045) #0015 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. #00:)5 M/S/C/U (McConnell/Short) On March 26, 2003, the Council approved payment for Check Numbers 279583 through 279807 in the amount of $981,838.20. COUNCIL MEMBERS Mike Shepherd provided a briefing on the issues discussed during the recent District 5 and Neighborhood meetings, which included plans to build a homeless shelter and neighborhood revitalization efforts near Evergreen Park. Ed Rollman discussed his attendance at the meeting with the Downtown Library Committee and the Parking Committee meeting on Monday; and provided a follow-up on a citizen concern. Daren Nygren was pleased with the attendance at the District 3 meeting held yesterday, and encouraged all citizens to attend their local Neighborhood meeting; met with the Manette Business District; and discussed the Manette Plan involving a walking trail through Manette. Wayne Olsen apologized to the public for "dressing down" tonight as all his clothes were packed and ready for his month long trip to Europe. President Arends discussed her attendance at the Public Facilities District and the Downtown Library Committee meetings; and expressed her condolences to the families of Gary Sexton at the loss of his brother, and the family of Mike Short at the loss of his great niece. TAPE #1885 City Council Reg. Mtg. Minutes March 26, 2003 Page 2 of 4 MAYOR'S REPORT Mayor Bozeman ... · Discussed the fundraising campaign for the YMCA; · Watched the ice being laid at the Bremerton Ice Arena on Friday, and announced the Grand Opening is planned for May 17; · Thanked Gene Sampley and Utilities staff for their work to prepare the Conference Center site for excavation next week; · Expressed his desire to bring a Boys & Girls Club to the area; · Provided a Legislative update, noting that the Bills on Annexation and Passenger Ferries are still "alive"; · Announced that the Anderson Cove Study is planned for an upcoming study session; · Indicated the Arts Community is requesting that the City consider a "1% for Arts" ordinance, which may be a topic for Council review at a later time; · Mentioned that ways to improve "citizen outreach" was discussed at the Department Head Retreat, and that a "Speaker's Bureau" brochure would soon be developed; · Established that the Regional Library is having financial difficulties and may be looking at levy lid lifts in the next few years. The City may need to re-evaluate the amount of funding that coutd be provided to the downtown library for maintenance costs; · The Emergency Medical Service Levy will be up this year so a proposal for a new 6-year levy wilJ be provided to Council at a later time [scheduled for Council review 4/2/03]; · Invited Paul Lucas to present several awards to recognize Tom Cressman as "Safety Employee of the Year"; and Wayne Hamilton, Utilities Operations Manager, for leading the "Safety Crew of the Year", including his three Supervisors Bob Zurbruqq, Pat Jacobsen, and Chris Mottner. PUBLIC RECOGNITION Allen Shute thanked Del Knauss for informing the public about the pay-issue in the Mayor's office; and asked Ed Rollman to keep him up-to-date on the Parking Committee. Helen Miller thanked Chuck Haselwood for sponsoring a "Rally for the Troop" event; and encouraged the City to spend the Public Safety Bond funds appropriately. Bill Hoke of the "Positively Bremerton Association" announced the group's new website at www.hellopositivelybremerton.com. He explained that people can join for free, and extended an invitation to Helen Miller to join. He also announced that Jazz nights are every Thursday from 7:00 to 10:00 P.M. at City Limits; and thanked McGavin's Bakery for their peach champagne cake for a recent event. M. Shana Shrodt with "Positively Bremerton" discussed how wonder[ui Bremerton is. H. Emily Moshay with "Positively Bremerton" informed the public that a newsletter about all that is happening in Bremerton is in the works. Paul Drnievic announced a music event on April 10 of "Simon & Son"; and expressed his concerns that the City is using a "City Manager" form of government without the approval of the citizens. John Lyall of "Positively Bremerton" reminded the Council that they are a policy setting body and should focus on moving the city forward rather than focusing on day to day operations. Dianne Robinson inquired if a "Homeland Security for the Community" policy was in place. TAPE #1885 City Council Reg. Mtg. Minutes March 26, 2003 Page 3 of 4 8A - SET ENTRY LEVEL SALARY RANGE FOR MANAGEMENT AND PROFESSION,~I EMPLOYEES HIRED SINCE JANUARY 1, 1994 ABOVE STEP 1 (#AB03-047): Michael Wilson., Director of Finance, summarized that after review of appointments of employees covered under this "management and professional" classification, there does not appear to be any formal record that the City Council approved the hiring of certain "management and professional" staff at salary levels above Rate 1. In order to correct this error or oversight, a list of such employees is herewith submitted, together with a request that the City Council confirms and approves the respective salary rates of these employees. In addition, a brief statement on the background and experience of each employee to provide justification and support for such request is also submitted for review. Mr. Short pointed out that this action is being taken to correct a violation of the BREMERTON MUNICIPAL CODE as well as the CHARTER FOR THE CITY OF BREMERTON. #1155 M/S/C/U (McConnell/Olsen) Move to ratify the salaries of the initial hires of "management and professional" employees based on the salary bands and rates on the dates of hire as set forth under Attachment "A". 9A- ORDINANCE NO. 4850 (SECOND READING) REPEALING AND REPLACING CHAPTER 9.88 AND TITLE 9A OF THE BREMERTON MUNICIPAL CODE (#AB03-043): The first reading of this ordinance was heard on March 19, 2003. Simon Stocker, Assistant City Attorney, was available to answer any questions. He also referred to the previous discussion regarding "protesters" during first reading last week, and clarified that peaceful protesters who create dangerous situations in the City may be subject to arrest. He also noted that an amendment has been made to "SECTION 9A.24.160 AIMING OR DISCHARGING FIREARMS, OR DISCHARGING EXPLOSIVES PROHIBITED- PENALTY- EXCEPTIONS", to include "orpolice animal' after "...human being..." in Items (1) and (2). There were no comments from the public. Mr. Rollman determined from information provided by the Police Department that people who attempt suicide by jumping off of bridges would not be charged with misdemeanor as he previously thought, and therefore did support this ordinance as presented; however, he asked if the amendment addressing "police animals" would make the violation a felony or a misdemeanor? Also, was there a state law the City could use to turn the misdemeanor into a felony? Mr. Stocker responded that the violation would carry a misdemeanor charge, and that the state law against killing a police animal carries a Class C felony, but further research would be needed. Mr. Lubovich added that the City only has jurisdiction on misdemeanors and this ordinance addresses aiming or discharging a firearm at a person or police animal, which carry misdemeanor charges. If a homicide occurs, state law would have to be applied. Mr. McConnell asked if the prosecutor has the leeway to charge either misdemeanor or felony based on the situation. Mr. Stocker provided the example that if a police dog were shot, that would be the more specific charge rather than charging for aiming a weapon at the police dog. #1535 M/S/C (McConnelt/Olsen) Move to pass Ordinance no. 4850 on second reading. Voted in favor of Motion: Rollman, Maupin, Short, Olsen, McConnell, Nygren, and Arends Voted opposed to Motion: Shepherd Motion carried: 7-Yes; and 1-No TAPE #1885 City Council Reg. Mtg. Minutes March 26, 2003 Page 4 of 4 9B - ORDINANCE (FIRST READING) AMENDING SECTION 6.32.100 OF THE BREMERTON MUNICIPAL CODE (#AB03-046): Simon Stocker, Assistant City Attorney, summarized that the current provisions of BMC Section 6.32.110 result in the inability to enforce limits on the volume of sound emitted from audio equipment when the source of such sound is located upon the property of the operator of the audio equipment. The proposed ordinance eliminates the exception to the volume limit on property of the operator of audio equipment. Dr. Gerrinq asked what decibel rating would apply? Mr. Stocker responded that there is no decibel rating for this particular noise restriction, but the noise is measured on whether or not the noise is audible 50 feet or greater from the property line. He added that the police would respond based on complaints only. David Pippin asked if there is a permit process to override the law in Bremerton? Mr. Stocker answered no. Mr. Shepherd pointed out that he supported the changes to be made and was pleased that there would be a tool available for citizens who are affected by noise pollution. Mr. Short emphasized that responses to noise violations would be complaint driven, and individuals who notify their neighbors of pending parties would result in those neighbors being more receptive to short term noise. Mr. Nyclren asked if this ordinance would also apply to commercial establishments and nearby residents? Mr. Stocker stated that yes, the ordinance would apply. Mr. Nyqren asked if the ordinance would address live music? Mr. Stocker answered that live music is addressed under a separate section. Mr. Rollman asked if there is an exception made in the ordinance for the large carillon bel[s located downtown? Mr. Lubovich clarified that there is a section in the ordinance that exempts bells and chimes from being unreasonable noise sources. #1935 M/S/C/U (Shepherd/Short) Move to approve the proposed ordinance on first reading as amended. With no further business, the regular meeting of the City Council was adjourned at 6:35 P.M. Prep. ared and Submitted by: E~F~I-SMITH-" ' ~ Attest: ~"-~X'~/~ ' Legislative Assistant CAROL ARENDS, City Council President City of Bremedon CA/PJ/Is/cge