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HomeMy WebLinkAbout03/18/98T APE S #1532, #1533 CITY COUCIL MEETING MINUTES MARCH 18, 1998 The regular 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 18, 1998, at 5:30 P.M., with Council President David Farr presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, Mike Shepherd, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Also present were City Attorney Glenna Malanca and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and invocation given by Reverend Richard Stone of Bremerton Unity Church. President Farr made the following announcement(s): (1) The City Council held a Study Session prior to the Council meeting to discuss general Council business. (2) The City Council held a Study Session from 5:05 - 5:25 P.M., in the Council Conference Room. The topic of discussion was "Suquamish Tribe's Chico Creek Watershed Project". (3) Immediately following the City Council meeting Council will hold a 15-minute Executive Session to discuss a "personnel" issue. (4) The City Council will hold a Study Session on March 25, 1998, immediately following the City Council meeting, in City Council Chambers. Topic of discussion: Kitsap County Comprehensive Plan/Growth Management/Urban Growth Areas - Kitsap County Commissioner Phil Best Paula Johnston, Deputy City Clerk, announced Agenda Item 3C had been pulled off the Agenda. CONSENT AGENDA A. Minutes of Meeting - March 4, 1998 #AB98-050 B. Professional Services Agreement with Kitsap #AB98-051 Peninsula Visitor & Convention Bureau TAPES #1532, #1533 City Council Reg. Mtg. Minutes March 18, 1998 Page 2 of 18 D. Professional Services Agreement with Bremerton #AB98-053 Area Chamber of Commerce E. Professional Services Agreement with Kitsap County #AB98-054 Historical Society #0062 M/S/C/U(McConnell/Montgomery) Motion to approve the 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 #0086 M/S/C/U(Montgomery/Olsen) On March 18, 1998, the Council does approve for payment those vouchers included and further described as follows: 217835 through 218040 in the amount of $519,262.78; and Regular Payroll for the period ending March 15, 1998, in the amount of $707,764.48. COUNCIL MEMBER REPORTS Mr. Olsen announced the public is invited to an Arbor Day celebration on April 4, 12:00 noon, at the northern end of the Warren Avenue Bridge (former site of Scotch broom). Access will be via Clare Blvd., and Hemlock Avenue. The area is bordered by the Bremerton Parks Department building and the Bremerton Convalescent Center, The State Department of Natural Resources will be awarding the City with the nationally recognized "TREE CITY USA" award. Two volunteer groups, Youth Volunteer Americorps and Kitsap County Youth At Risk, will plant trees and shrubs. The Statement Department of Transportation donated plant materials and trees for this beautification project in addition to a grant from the National Tree Trust. This is the first step of a five-year plan to re- vegetate all of the right-of-way on the Warren Avenue Bridge. Questions regarding this event can be answered by Jim Trainer, Urban Forester in the Parks Department (478-5305). Mr. McConnell emphasized the importance for members of the public to attend the City Council's Study Session on March 25, 1998, immediately following the City Council meeting. This will be a joint meeting between a Kitsap County Commissioner, the City Council, and possibly the Bremerton Planning Commission. He emphasized the Growth Management Act will have a large impact on the City, County and all residents in those areas. TAPES #1532, #153:~ City Council Reg. Mtg. Minutes March 18, 1998 Page 3 of 18 Mr. Law reported on March 17, 1998, he held a District #3 Neighborhood Meeting where residents had an opportunity to hear guest speaker Russ Hauge, Kitsap County Prosecutor. Following Mr. Hauge's presentation there was interesting discussion on issues ranging from parking and its challenges to home detention monitoring. The next District #3 Neighborhood Meeting will be held April 21, 1998, with the guest speaker being the Design Engineer for the new Manette Bridge. Mr. Shepherd announced the next District #5 Neighborhood Meeting will be held March 26, 1998, 6:30 - 8:30 P.M., at Memorial Lutheran Church. The program for that meeting will include Captain Joe Hatfield, Bremerton Police Department, discussing Police issues and answer any questions; Bob Tulp, Public Works Operations Manager, giving an update on street conditions in District #5; Virgil Elkington and Tom Dorton will lead a discussion on parking strips and sidewalks; and there will be a review of the "To-Do-List. Refreshments for that meeting will be provided by Harrison Red Apple. He noted an interpreter for the hearing impaired will be available at that meeting. Mr. Shepherd announced the City of Bremerton Citizen Environmental Committee and City staff will host a Water Quality Open House on March 28, 1998, 10:00 AM - 2:00 P.M., at the Public Works and Utilities Operations Center. Puget Sound Naval Shipyard will also have a display on their efforts to clean up shoreline along Sinclair Inlet. Mrs. Arends thanked two City of Bremerton Animal Control Officers for their efforts in rescuing a stray dog from her yard today. The dog is a young female spaniel mix (white with brown spots) and if an owner is not found, it will be available for adoption through the Animal Control Department. Mr. Montgomery apologized to residents of District #8, who attempted to attend a meeting on March 17, at the Bremerton School District Office, that was canceled. He was out-of-town when it became known that there were scheduling conflicts for several individuals involved with that meeting. Mr. Reed referenced a newspaper article in today's "SUN" that talked about elected officials from several cities meeting in Poulsbo to discuss Kitsap County's Comprehensive Plan and its affect on those cities. He did not agree with the statement that the meeting started and stopped with an impasse. He believes the Study Session, scheduled for March 25, 1998, immediately following the City Council meeting was a direct result of the March 17 meeting. He noted Commissioner Garido intends to meet with the Port Orchard City Council and Commissioner Endresen was scheduled to meet with the City of Poulsbo Council. Mr. Farr reported he attended a presentation on Olympic College's kick-off funding raising to cover the remaining costs to replace and update the college TAPES #1532, #1533 City Council Reg. Mtg. Minutes March 18, 1998 Page 4 of 18 Library that was damaged in a past winter storm. At a later date, the College will make a presentation before the City Council in a Study Session. MAYOR'S REPORT Mayor Lynn Horton announced the Bremerton School Oistrict's and the Bremerton Police Department's Drug and Alcohol Committee are sponsoring a Parent Party Patrol (a question and answer period) on March 26, 1998, 7:00 P.M., at the Bremerton High School Auditorium. Also participating at that meeting will be representatives from the Liquor Control Board, local law enforcement officials, insurance company attorneys, and an Emergency Room nurse. Mayor Horton read the following Proclamation: (1) MARCH 25, 1998 - KITSAP WATER FESTIVAL, which was accepted by Mindy Fohn, Public Works and Utilities Water Resources Division. She reported this is the 4th year of the Kitsap Water Festival. This event will host 1,000 4th grade students from Kitsap County schools for a whole day at Olympic College. The program includes presenters, exhibits, outdoor activities, and assemblies. The City of Bremerton has been an essential part of the festival and the organizing committee appreciates and recognizes the City's commitment to this event. She asked if anyone knew the percent of fresh water available on this earth? BREMERTON ROTARY DONATION TO CITY FOR THE EXPANSION OF EVERGREEN PARK Mayor Lynn Horton referenced a news article in today's SUN newspaper announcing the Bremerton Rotary Club's donation of $100,000 towards the expansion of Evergreen Park. Mayor Horton introduced Ron Pinckney, President Bremerton Rotary Club, Ron Pincknev stated he was accompanied by Carl Kramer, Past Rotary President, who was responsible for getting this idea started and Jerry Read, President-elect effective July, who will take on this commitment and see it through. He also pointed out other Bremerton Rotary members within the Council Chambers, i.e. Spencer Horning, Roger Home and Councilman John Law. The Bremerton Rotary Club is comprised of 112 members, mostly Bremerton business people, who strongly support the Bremerton community. They have watched with approval and excitement and anticipation many very positive things happening in Bremerton both through the City itself and other components, such as the School District and Puget Sound Naval Shipyard. Rotary tries to make contributions to things that will help the community as often as possible. This year the Rotary Club contributed funds to complete the playground at Kitsap Elementary School, which serves in the absence of a neighborhood park. They also contributed $30,000 to the Olympic College Library Replacement Fund to help make it more than just reconstruction of what it was, but to improve it and give Bremerton and Olympic College the TAPES #1532, #1 City Council Reg. Mtg. Minutes March 18, 1998 Page 5 of 18 "first class" library that is deserved by extension makes Bremedon a better place to live too, Approximately three years ago, the City announced the intent to improve and expand Evergreen Park. At that time, their club took an interest in the project because it is an important element in what he would cell the "renewal of Bremerton". By improving an area that currently is in a condition that detracts, it will go a long way improving the image of Bremerton both from the outside and from within the community. Over these past months, they have periodically checked in with the Parks and Recreation Department and Mayor Horton to get an update on what the City was doing in the way of park enhancement/expansion at Evergreen Park. From past experience, the City does have the opportunity to apply for grant funds and they see Rotary's donation as a way to leverage more dollars through matching grants that are warranted based on community involvement and frequently are a multiple of whatever financial contribution might come. They understand there are no guarantees that will happen, but it did put them over the top in their decision making that they felt this was a great opportunity to get more "bang for their buck" and hopefully the City of Bremerton will be the recipient of that "bang". He envisions the day when he can be driving north on Pacific Street to 11th Street and look down on Smith Cove and see beautiful emerald green park land that will draw people to it. This week the Rotary Board authorized pledging $100,000 to the City of Bremerton for the renewal and expansion of Evergreen Park. He noted this donation equals or exceeds the largest donation the Bremerton Rotary Cub has ever granted for Bremerton in its 57 years, which is an indication of how important they see this project. Mayor Horton gratefully accepted the Rotary's donation of $100,000. She also sees this as an opportunity to use the Rotary's funds to leverage grant funding greater than the $300,000 ceiling in past years. The City of Port Angeles was the recipient of a one million-dollar grant for aquatic land preservation.. From past experience, the City has learned the importance of community involvement in projects that involve grant applications. City applies for grant funding. This $100,000 is a true commitment to the Community and support for this park project. A meeting was held with Mr. Shepherd to talk about some housing opportunities that would start construction by year-end that would be a catalyst for other housing opportunities around Smith Cove. Another spin-off benefit would be if the city is fortunate to get grant funding, the Rotary donation could be used for improvements in another park within the City, i,e,, White's Blueberry Farm, etc. that is equally as needy for park facilities. Mayor Horton introduced Roger Home, representing Failure Analysis, whose firm has been working with the City and the Department of Ecology to address environmental concerns. RoGer Home, Failure Analysis Associates Inc., explained they have been studying the environmental problems in the industrial area of Smith Cove, i.e., soil sampling, lab work, developing reports. They have met frequently with the State Department of Ecology (DOE); and last week DOE provided comments on TAPES #1532, #153b City Council Reg. Mtg. Minutes March 18, 1998 Page 6 of 18 the last technical report that Failure Analysis submitted. A meeting was held with DOE to resolve the comments made so that now the City is in a position to move forward. Another meeting with DOE is scheduled for March 19, 1998, which will involve the State legal side and the City. He anticipates once that issue is dealt with the City should be ready to make use of those grant funds. He emphasized this is a very positive project and it has the State's support. Mayor Horton extended a special "thank you" to all of the members of the Bremerton Rotary Club for their contribution. Mayor Horton announced one of the issues discussed at the City Council Retreat on February 28, 1998, was the formation of a Citizens Advisory committee to review the City's Ethics Code. Due to heavy work schedules, she felt it was not possible to put this committee together until after April 1. Anyone interested in serving on that committee can 'apply through her office. President Farr thanked the generosity of the Bremerton Rotary Club and noted the citizens of Bremerton are indebted to them. Mr. Shepherd also extended his "thank you". The seed money for the rebuilding of Evergreen Park is the beginning of a fondly held dream for many District #5 residents. PUBLIC RECOGNITION Carol Atkinson, Bremerton Main Street, thanked everyone, who participated in the St. Patrick's Day Parade on March 14, which was well attended and it was a sunny day. She acknowledged the parade sponsors: Puget Sound Beverages, Tim Ryan Construction, and THE SUN. She thanked April Chandler for the newspaper article in the Neighbors section of today's SUN. She also thanked the U.S. Bank and Washington Mutual Bank for allowing the use of their parking lots for a staging area. She acknowledged the support of the Bremerton Police Department and the KCR Americorps. She also thanked Council members John Law, Wayne Olsen, Mike Shepherd for attending. She extended a special "thank you" to Councilman Cecil McConnell for serving as Grand Marshal, Lois McFatter for being the Honorary Grand Marshal, Bob Winters for announcing the parade, all the contest winners, and the Knights of Columbus for their service as Color Guard. Del Knauss, Bremerton resident, stated last week he handed out a questionnaire concerning City Council salary; however, the City Attorney advised them to not answer Mr. Knauss' inquiry. He felt he should have been notified, either by the Council Office or the City Attorney's Office, that Council members were advised not to respond to his questions. He formally submitted, in writing, the following question to the City Attorney: "Why have you advised the City Council not to answer the attached questionnaire (questions he asked last Wednesday)? Which law, RCW or BMC did she base her decision?" He reminded the City Council that last year they answered similar questions for the TAPES #1532, #153o City Council Reg. Mtg. Minutes March 18, 1998 Page 7 of 18 Council Salary Commission, which were made available to the public. The questions he asked were the topic of discussion at the Commission's last meeting in a public open forum. In regard to the Commission, he was concerned when one of the members stated they don't really care whether the Council gets a pay raise as long as the position of President receives a substantial pay raise. David Chivis, volunteer with the Roxy Theatre, announced the Theatre is featuring a Silent Film Festival March 21-22, and funds from that event will benefit the Kitsap County Historical Museum. An upcoming event at the Theatre will be a community-wide Talent Show. Susan Brown, Bremerton resident, referenced a comment that she heard Councilman Montgomery make at Council's Retreat on February 28, 1998, regarding who would serve on a citizens advisory committee to review the City's Ethics Code. It concerned her that he made the following statement: ..."that there wasn't anyone in Bremerton that was Qualified to be on the Ethics Committee". She wanted Mr. Montgomery to clarify his statement at this time. Mr. MontQomerv stated he did not recall saying those words, however, he would review the tape recording from that meeting. Mrs. Brown cautioned Mr. Montgomery to be careful what he says. She used the example of what happened when Mayor Horton used a slang word in front of THE SUN's Editorial Board that was interpreted differently than what she meant. Mrs. Brown felt Mr. Montgomery's comment was very disrespectful to the people of Bremerton and she believes there are capable people in the City. She would like Mr. Montgomery to apologize for his remarks, if he finds that he did make them. Glenna Malanca, City Attorney, stated the City Council has a rule that personal complaints, especially those of a derogative nature against any official or employee of the City shall not be discussed at a Council meeting, Mrs. Brown asked if that was what she was doing? She believed she was responding to something she heard at a public meeting. Don Larson, President Kitsap Diving Association. Encouraged the City Council to participate in the Sinclair Inlet clean up event on April 18, 1998, 11:00 AM, starting at the boardwalk and extending to Evergreen Park. On that same day, volunteers are also needed to help enhance the shoreline along Lions Field. He also encouraged Council to consider a marine protected area along the waterfront. He noted the bottom fish stocks in Washington are in serious trouble. Edmond's Waterfront Park is one of the shinning examples of where divers can see large and great quantities of fish. A point of contact for marine protected areas is Mary Lou Mills of the Washington State Department of Fish and Wildlife at milIsmlm@VFW.WA.GOV or (360) 902-2834. He handed out a flyer published by a San Juan Island County group that is working to establish a marine protected area. TAPES #1532, #153;~ City Council Reg. Mtg. Minutes March 18, 1998 Page 8 of 18 Officer Derrick Chandler. Department of Defense Police, extended an invitation to the City Council to attend the first annual Hoopin It Up Basketball Tournament on March 20 at Olympic College, and March 21, and 22 at Bremerton High School. The Bremerton Police Department and the Department of Defense Police sponsor a Police Explorer group, which is for youth ages 14-20. Two Explorer members handed out passes for the Hoopin It Up Tournament to the Council members. Officer Chandler explained the Explorers volunteer their time in the community and receive training in law enforcement practices and procedures, civil leadership, etc. The Hoopin It Up Toumament is a fund raising event. Anyone interested in donating to this event can call Officer Chandler at 476-2165 or Officer John Neal, Bremerton Police Department - 415-8575 8A - REAPPOINTMENT OF BILL ROBINSON TO THE BREMERTON PLANNING COMMISSION. #AB98 - 055 The term of Bill Robinson on the Planning Commission will expire April 1, 1998. It is recommended he be re-appointed to another term. Mayor Lynn Horton stated Mr. Robinson has served three years on the Planning Commission and is currently chairing the Commission; and he also serves on the City's Audit Committee. She noted he takes a very pro-active role on the Planning Commission. She urged Council to approve the reappointment of Bill Robinson to the Planning Commission. Public comment - none. Mr. Overson stated he has been acquainted with Mr. Robinson for a number of years and found him to be a super Engineer and individual, and a great contribution to the City's Planning Commission. Mr. Montgomery commended Mr. Robinson for volunteering to serve and doing an outstanding job on both committees. Mr. Shepherd pointed the need for committed volunteers to serve on City Boards and Commissions. He also acknowledged the fact Mr. Robinson will be helping to make the future of the Bremerton community through the Planning Commission portion. Mr. Olsen stated he and Mr. Robinson served together on the Planning Commission and he would describe him as a forward leader. At times they would disagree over issues, but Mr. Robinson always had a reason for his opinion. He agreed the City could use more people like Mr. Robinson. Mr. Reed stated he serves on the Audit Committee with Mr. Robinson, admired several of his decisions, and disagreed on others. He finds Mr. Robinson to be TAPES #1532, #153,~ City Council Reg. Mtg. Minutes March 18, 1998 Page 9 of 18 an upstanding citizen and he will support the Mayor's recommendation to reappoint him to the Planning Commission. #1517 MISICIU(Arends/Overson) Motion to confirm reappointment of Bill Robinson to the Planning Commission. Vote on Motion: In Favor: Montgomery, Reed, Arends, Shepherd, Farr, Overson, Olsen Abstain: Law, McConnell Motion carried. Mr. Robinson thanked the Mayor and Council for their support. He has enjoyed serving on the Planning Commission over the past three years where they have had lots of interesting discussions. He believes the Commission has made some differences in some areas of the City and hopes to continue to do so. As chairman of the Planning Commission and speaking for Commission members, he thanked the City Council and Mayor for the support they receive. That support gives the Commission an idea of their goals, agendas, and what the Mayor is trying to do for the City. He believes the Commission is in full agreement with that focus and attempting their very best in spite of some contentious issues. A new Commissioner was seated at their last meeting, who is an ex-Ambassador, and he too supports the City and what the Council and Mayor are trying to achieve. 8B - ELECTRONIC MONITORING AGREEMENT WITH THE WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS, #AB98 - 056 The City intends to increase its use of home monitoring both in response to the over-crowding of the county jail, and as an alternative to the high cost of incarceration. Electronic home detention is a process that allows for confinement of defendants in their homes for a specific period of time, in lieu of jail, or as an enhancement to community supervision, and monitors their activity on a prescribed schedule. The court estimates approximately 15-20 defendants per month may be eligible for home detention. The contract with the Washington Association of Sheriffs and Police Chiefs provides for a cost of $5.75 per client per day for radio frequency only, and $8.75 per client per day for RF and breath. This price includes equipment, maintenance, training, one-way shipping, and monitoring devices. The City will be hiring a part-time temporary employee to review applications for home monitoring, make recommendations to the Court regarding eligibility, meet with the defendant to install the home monitoring bracelet, monitor compliance reports, and follow-up with the defendant and court as necessary. TAPES #1532, #153;3 City Council Reg. Mtg. Minutes March 18, 1998 Page 10 of 18 Police Chief Paul Du Fresne stated the Summary Statement explained the program and at this time the City has access for these services through the Kitsap County Sheriffs Office. Through consultation with the City's own Court and Police officers, it was deemed desirable to have those services readily available. April Chandler, Reporter for THE SUN, asked if it was true that people are having to "take a number' and wait for a vacancy before serving their jail time in the County Jail? Chief Du Fresne explained the jail overcrowding situation has been critical over the past several months. A recent report indicated that in February the jail population was averaging 270 inmates per day and the jail was originally built to house only 200 inmates. That condition has made it difficult for the Bremerton Police Officers to get people into jail that had a warrant out on a misdemeanor infraction. It also makes it difficult for Municipal Court to schedule defendants that have been convicted or plead guilty to serve their time or have responsible service back to the community. He sees the Electronic Monitoring Program as an alternative to simply not attending some consequence for some people. Roy Mclnnis, Bremerton resident, stated he recently read in the newspaper where another City had a $15.00 per day charge for this same service and questioned why the City would be only charging $13.00 per day? He also questioned how that charge would be collected once the program is implemented? Chief Du Fresne stated he could not respond to the difference in charges through the County Sheriffs office. The fees of $13.00 are for costs that have been determined for the City's use of that equipment on a dally basis. The City will only be charged for the days that it is in use. The City will bill, in advance, those defendants that are financially able to pay because it does provide an opportunity to not go to jail and only certain people will qualify for the program, i.e. those not threatening to the community or likely to damage the equipment, etc. That collection will be done at the Court Clerk's Office. In some jurisdictions, as an alternative to going to jail, a defendant can agree to opt for a longer period of home detention than if placed in jail. He anticipates having this program ready for implementation within 2-3 weeks. Mr. Montgomery stated several Police Officers related to him the circumstances where they have put someone in jail in Port Orchard expecting them to be held behind bars, but in fact that actually beat the Police officer back to Bremerton upon his retum. On Sunday, a person was arrested in his neighborhood for breaking into a garage and the Police Officer had to call ahead to the Jail to determine if they had space to hold him. He hoped this home detention method would free up enough room so that those that should be in jail are incarcerated and not free to roam the streets. TAPES #1532, #153,, City Council Reg. Mtg. Minutes March 18, 1998 Page 11 of 18 Mr. McConnell asked if the City would be using the equipment described in Section III Compensation and Method of Payment..."The City agrees to pay WASPC the sun of $150.00 each month for each Drive-BI unit provided? Chief Du Fresne explained that was a unit that the City would probably not use. Some jurisdictions place those units in Police vehicles, which allow the Police Officers to drive by a convicted person's residence and determine their location within that structure. Those systems are used for more high-risk people that may be on home detention for minor felony charges. Mr. McConnell questioned if the Inventory Cost of $3.85 was a one-time charge? Kathleen McCluskey, Director of Administrative Services, stated based on her discussion with the Sheriffs Department, that charge is being waived and she recommended that the two paragraphs referenced by Mr. McConnell be stricken from the contract. Mr. McConnell stated at the District #3 Neighborhood Meeting on March 17, 1998, Russ Hauge, Kitsap County Prosecutor, talked about the home detention program including the Drive-BI monitoring equipment. Chief Du Fresne stated he also believes that particular equipment has been used for pre-incerceration defendants or people that are awaiting appeals or going to trial. Since the Bremerton Municipal Court handles only cases of misdemeanors and civil infractions, there would be no need for that level of monitoring. However, it may be advantageous for Kitsap County Courts to utilize that level of service. Mr. Overson stated he does not support this program and views it as a "bad idea" based on the fact that it would be used for people that should be in jail for committing crimes. On close scrutiny, this program is essentially the same as letting people out on the streets to do what they like because there is no real monitoring. The City's Police Department does not have the resources to monitor properly. He was very concerned that it will provide people with an opportunity to recommit crimes that could end up with the City being sued. Not long ago in Kitsap County a heinous crime was committed by an individual on work release. He sees this as another example how something like that could happen. It is also a tendency toward leniency for a situation where it should be the exact opposite and there are lots of victims because of this leniency approach. He would like to see something done more strongly reverse the crime situation. Mr. Law concurred with Mr. Overson and hoped this would be more the drunk- driving group than the ones committing domestic violence acts. He questioned if those charged with domestic violence would be allowed on this program? Chief Du Fresne stated the decision as to who qualifies to be offered this option of home detention will be made by the Municipal Judge after review of a request by either the Prosecutor or Defense Attorney. He doubted those charged with drunk driving would be allowed to use home detention since State law requires them to serve a jail sentence. The ability for Bremerton Police to put people in jail for TAPES #1532, #153,, City Council Reg. Mtg. Minutes March 18, 1998 Page 12 of 18 violent crimes is critical and even for less violent crimes it is getting critical because there isn't a place to put them. He was very doubtful that this program would ever be used for someone who had committed a violent crime. If there is appropriate jail space, they would be put into that facility for their crimes. This program is proposed because there is not adequate jail space, not because of any wish to avoid people paying the consequence for committing a crime. Mr. Law stated he would support this proposal, but was apprehensive about someone feeling threatened by an individual that was on the home detention program thereby possibly having the opportunity to disable the equipment. In answer to Mr. Mclnnis' concern, the City may be "stifled" by someone for $5.00 per day, but that is better than the $57.00 charge at the County jail. Municipal Court Judge James Docter stated he doubted anyone promoting this program disagrees with Mr. Overson. Ultimately, his response would be "build me a jail", which is truly the alternative that he would prefer, but the City is not financially able to do that at this time. With regard to the type of crime, Chief Du Fresne and he serve on a committee that works with the Kitsap County Judges and law enforcement officers to prioritize who goes into the County jail both from a municipality level and the County level. That is an important and necessary aspect of this whole equation because he will be putting people on home detention, who he cannot get into the County jail. If the jail decides that domestic violence misdemeanants are acceptable there, then they will not be on his program. If the sub-committee or the jail decides that domestic violence misdemeanants will not be among those included in the jail, then they will be included for home detention. The current situation is he cannot get anyone into the jail for a commitment; however, they can be arrested. He noted that upon their arrest drunk drivers and domestic violence defendants are held in jail for a brief period of time to allow a cooling off period, to sober up, or until they can come before a Judge. The home detention program will at least give him a way to confine someone, who would not otherwise be confined due to limited space in the County Jail. Chief Du Fresne pointed out if someone cuts their "bracelet" and chooses to leave their residence, they will have committed a felony. He can get someone in the jail that commits a felony and the City will process charges against anyone that disregarded the monitoring system, and they will know that at the time they are set up on the system. Mr. Olsen agreed with Mr. Overson's and Mr. Law's concerns; however until a larger jail facility is constructed he views this as a viable option. #2648 MISIC(Montgomery/McConnell) Motion to approve agreement with WASPC for electronic monitoring devices and monitoring as mended by deleting the paragraph addressing the cost of Inventory under Section III. TAPES #1532, #153,~ City Council Reg. Mtg. Minutes March 18, 1998 Page 13 of 18 Vote on motion: In favor: Reed, Montgomery, Arends, Shepherd, Farr, Law, McConnell, Olsen Opposed: Overson Motion carried. 8C - BUDGET ADJUSTMENT REQUESTS FOR STAFFING CLERK'S OFFICE, #AB98 - 057 The Tax & License Division of the Clerk's office has an Office Assistant I position that was recently vacated. In order to better serve the public at the main counter of City Hall, we would like to reclassify this position to an Accounting Assistant I so that all cashiering services can be offered at this station. This can be accomplished with current budget appropriation. The Civil Service Officer has reviewed the proposed duties of this position and determined that Accounting Assistant I is the most appropriate. Kathleen McCluekey, Director of Administrative Services, stated the benefit of this proposed change would enhance customer service, handle cashiering and act as a back up to the other cashiers, i.e., vacation, sick leave, or times of heavy workloads. President Farr asked if this means Bremerton is moving forward with one-stop bill paying? Mrs. McCluskey gave an affirmative response. Public comment - none. Mr. McConnell questioned if this change created any problem with the Civil Service Commission? Mrs. McCluskey stated no, the City's Civil Service Officer has reviewed this proposal and preliminary steps were taken prior to its coming before the Council to develop the Job Description, which has been approved by her. The next step wilt to take it through a posting process. Mr. McConnell stated cross-training has been recognized as a way to make any kind of operation more efficient and he wholeheartedly supports this action and would like to see it used in more areas where it can be accomplished in the City. Mr. Overson complimented staff on this progressive change and positive attitude toward customer service. #2906 MISICIU (Arends/Montgomery) Motion to approve Budget Adjustment #98-4, reclassifying Office Assistant I to Accounting Assistant I in the Tax & License Division. 8D - CONTRACT 3601 ADDENDUM - KITSAP COMMUNITY RESOURCES FOR BREMERTON COMMUNITY SERVICE WORK PROGRAM. #AB98 - 058 In 1995, the City entered into a contract with Kitsap Community Resources (KCR) wherein KCR agreed to manage the City of Bremerton Community TAPES #1532, #153L~ City Council Reg. Mtg. Minutes March 18, 1998 Page 14 of 18 Service Work Program. The program provides that defendants convicted in Bremerton Municipal Court are directed to the Community Service work program to perform a specific number of hours of labor for the City in lieu of jail or fines. This addendum renews the Agreement with KCR for an additional 1-year term, and amends the scope to include weed abatement services coordinated through the Department of Community Development. Kathleen McCluskey, Director of Administrative Services, pointed out one change to the Addendum to the Contract, Section III - deleting the following sentence: "The City will also reimburse KCR up to $1,000.00 for tools and supplies." The City's budget does have another $1,000.00 available in addition to the $12,000 and $1,000 previously identified, but it is not a reimbursement amount. The amount will be used by the City to purchase needed supplies and materials and maintain ownership. This program stated in 1993 or 1994 with contracted retired Police Officers running the program. At that time, the City paid approximately $20,000 per year. In 1995 the City contracted with the Kitsap Community Action Program (KCAP) at a cost of $5,500.00 per year and was part of the Americorps Program. Americorps picked up some of the cost, which carried on to 1996. In 1997 KCR (formerly KCAP) submitted a proposal, at a cost of $1,000 per month to the City for those services. The cost of the program for 1998, is at the same $12,000 per year with additional funds for insurance. The annual report for 1997 revealed that 396 workers were referred to the program with about 50% complete the program. Upon checking with other communities, Bremerton's percentage of workers completing the program is similar to other jurisdictions. The amount saved in Jail time was over $20,000 and the amount saved in Court cost and fees that would not have been paid because these were indigent individuals amounted to approximately $20,000. Public comment - none. TAPE #1533 Mr. Overson stated he strongly endorses this program and the results of earlier research have indicated it is one of the most successful programs in the whole judicial system and an opportunity to turn people around. David Bovnton. KRC, agreed with Mr. Overson and the numbers of people completing the work are increasing. One of the positive aspects has been relocating the services away from City Hall and the location of the old City jail. Also, with KRC being a social services agency, the community service workers can access other services they might need, i.e. WICK Program, Housing Program, Weatherizing Program, Readiness to Work Program, etc. He is not seeing as many people repeating, except for those that may not have shown up on their assigned day. He views this program as a win-win situation not only for the individual that chooses to accept that responsibility, but it also helps KRC and the community. The work being done is visible to the community, i.e., clean sidewalks and alleys, etc. He TAPES #1532, #153,~ City Council Reg. Mtg. Minutes March 18, 1998 Page 15 of 18 also believes that the individuals take more pride in their community now that they have had a hand in making it more attractive. President Farr extended his thanks to Mr. Boynton. He has heard only positive comments about this program and Mr. Boynton's supervision. He questioned if this program was involved in removing graffiti? Mr. Bornton stated yes. approximately 150 - 200 pieces of graffiti per year have been removed and that work is on a continuing basis. The prioritized items are: removal of graffiti, yard abatement, and sidewalk/street/alley cleaning. He noted' many individuals have volunteered for other KRC projects after they completed their community service hours. So far in 1998, approximately 600 hours of service have been completed in January and February. Mrs. Arends asked what happens to those who do not show up to complete their assignment? Mr. Boynton explained their paperwork is reverted back to the Court and the Judge has the opportunity to issue a Bench Warrant to have that person arrested and brought back before him. Judae Docter stated if the paperwork is returned to the Court, there are two options: (1) summons the person in if they believe they will show up in response to the summons; or (2) issue a Bench Warrant. Either way the person is back before the Court or is placed in jail, if the jail will accept them. The individuals are given the opportunity to explain why they did not show up on the assigned day, in some instances those excuses are accepted, and a new date assigned. If the individual does not have sufficient funds to pay off their fines, the only option he has is community service. Mr. Boynton pointed out the program is managed just as if it were a job assignment in the sense if they don't show up then they are terminated; however, if they call in sick or some other extenuating circumstance, they may give the individual a few more days to set things in order and give them another opportunity to complete the work assignment. Mr. Montgomery stated he discussed this program with Judy Johnson, Interim Director of Community Development, and she was pleased to have the help to manage the Yard Abatement Program. He questioned the number of individuals that actually show up a second time, if they were a no-show the first time? Mr. Boynton stated the ones that complete their prescribed time might be seen again on some other pending court case that occurred during the time frame when they were going the system. Judge Docter stated he also gets a feel for those that would be good candidates for this program and are responsible enough to complete it. He also sees others coming back through the Court system 2-3 times and it is apparent they will not comply with the directed assignment. TAPES #1532, #1533 City Council Reg. Mtg. Minutes March 18, 1998 Page 16 of 18 Mr. Overson complimented the Bremerton voters for electing a quality Judge. This kind of program works because the Judge is willing to work to make the system successful. #0250 MISICIU (Overson/Shepherd) Motion to approve the contract addendum with Kitsap Community Resources. 8E - BUDGET ADJUSTMENT FOR THE LEGAL DEPARTMENT, #AB98 - 059 The administration and staff have determined that it is in the best interest of the City to increase the level of professional staff in the Legal Department. It is believed that increasing City staff in this area and relying less on outside counsel will provide better service to City departments, the Mayor, and City Council at a lower overall cost. Glenna Malanca, City Attorney, stated prior to September 1997, Council authorized 1/2 time Assistant City Attorney. She initially filled that position and is now vacant. After review of some of the outside Counsel costs, which she considered astronomical for the City, she determined it was worth an attempt to fill the position with a full time person, who would be devoted to two issues: (1) to take some of the outside Counsel work costing between $75-180.00 per hour; and (2) Code enforcement. This request involves transferring funds from the outside counsel services to a full time in-house Assistant Attorney ($21,500). Public comment - none. Council members McConnell, Montgomery, Arends, Shepherd and Olsen stated their support of this proposal based on the heavy workload the City Attorney is currently carrying, legal services will be more readily obtained by Council members and Administrative staff, a cost savings would be realized and allows flexibility when circumstances change. #0410 MISICIU (Arends/Olsen) Motion to approve Budget Adjustment Request No. 98-5. 9A - PUBLIC HEARING ON ORDINANCE {FIRST READING) AMENDING THE OFFICIAL ZONING MAP FROM "FOREST MANAGEMENT" TO "SF-2" TO CORRECT A 1989 OMISSION AFFECTING A PARCEL NEAR GORST, #AB98 - 060 In 1989, Puget Western, Inc. acquired a 20-acre parcel of City Utility surplus property in the Gorst area. The City Council approved a fezone from "Forest Management" to "Low Density Residential" to allow development of the property. However, the approved Rezone was never recorded on the City's Official Zoning Map, which continued to show "FM". This oversight was brought to our attention in late 1997, and staff initiated this Rezone to correct the Zoning Map to show the TAPES #1532, #153., City Council Reg. Mtg. Minutes March 18, 1998 Page 17 of 18 zoning that was approved in 1989. The Planning Commission reviewed this proposal, and recommends City Council approval. The Council must conduct a Public Hearing prior to its final decision and action on the Ordinance. Ron Hough, Department Of Community Development, stated in 1989, Puget Western was negotiating with the City of Bremerton for the acquisition of a 20- acre parcel of City Utility-owned surplus property on the south side of Highway 3 in the Gorst area. Part of the proposal was to rezone the parcel for light industrial use. At the same time, an adjacent ten-acre parcel was being considered for annexation. Due to steep terrain, unstable soils, and other factors, the industrial zoning proposal was not well received. The City received strong opposition from the Kitsap County Board of Commissioners and from the Director of Kitsap County DCD. As a result, the City Planning Commission recommended that the property be zoned for low-density residential. The City council agreed in November 1989 and Puget Western acquired the property with "SF-2" zoning. The smaller 10- acre parcel was never annexed. The zoning action was considered part of a larger acquisition and annexation package and the annexation files were never completely closed. As a result, the Official Zoning Map was never updated, although the Rezone had been approved. No activity occurred on the Puget Western property for several years. In 1995, the City adopted its new GMA Comprehensive Plan and followed later with a revised Zoning Map that was consistent with the Plan. Neither the new Plan nor the new Zoning Map included the SF-2 zoning that was approved for the subject property in 1989. The property continued to be viewed as City utility land and zoned "Forest Management". Since 1989, the City of Bremerton had not taken any action to change the zoning of this parcel back to "Forest Management". Apparently an oversight occurred in 1989 when the Zoning Map was not immediately amended to show the new SF-2 zoning. Because of this oversight, City staff is recommending a "correction of error" action to correct the Zoning Map. Public comment - none. President Farr asked if any Council member believed their participation would conflict with the Appearance of Fairness doctrine, and hearing none all Council members were seated. TAPES #1532, #153,, City Council Reg. Mtg. Minutes March 18, 1998 Page 18 of 18 #1023 M/S/C/U(Montgomery/Shepherd) Motion to approve Ordinance on first reading, amending the Official Zoning Map of the City of Bremerton, Washington, for a single parcel south of Highway 3 near Gorst. President Farr thanked the TV camera crew for their services: Robert Neal, Carl Heard, David Saunders, and Mike Peebles. With no further business meeting adjourned at 7:20 P.M. PJ/DF/me cc: Normal Distribution FileNault