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HomeMy WebLinkAbout03/25/98 TAPE #1534 CITY COUCIL MEETING MINUTES MARCH 25, 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 25, 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 Pastor David Snapper of Anchor of Hope Christian Reformed Church. President Farr made the following announcement(s) (1) Immediately prior to the Council meeting the Council held a Study Session to discuss general Council business. (2) The City Council will hold a Study Session immediately following the Council meeting, in the Council chambers, to discuss Kitsap County's proposed Comprehensive Plan CONSENT AGENDA A. Minutes of Meeting - March 11, 1998 #AB98-061 #0069 MISICIU(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 #0088 MISICIU (Montgomery/Arends) On March 25, 1998, the Council does approve for payment those vouchers included and further described as follows: 218095 through 218105 in the amount of $239,078.05. TAPE #1534 City Council Reg. Mtg. Minutes March 25, 1998 Page 2 of 9 COUNCIL MEMBER REPORTS Mr. Montgomery referenced a newspaper article in today's "SUN" entitled "Business leaders criticize City leaders' downtown efforts". Unfortunately, the reporter was not present during the entire meeting and only reported part of what was discussed. Mr. Montgomery stated he did not know who the "downtown leaders" were based on his attending those meetings for approximately two years. The only person he viewed as a leader was the person responsible for issuing Agendas for those meetings. He suggested the individuals that criticized the City should look at themselves and analyze what they are trying to accomplish. Mrs. Arends announced, the passing of Chuck Higgins, who was a member of the Lodging Tax Advisory Committee. Chuck was one of the prime movers on that committee, his efforts were greatly appreciated, and he will be missed. She extended condolences to the Higgins family. Funeral service will be held March 26, 1998, 2:00 P.M., at the Poulsbo Mortuary. Mr. Shepherd reminded everyone that the next District #5 Neighborhood Meeting would be held March 26, 1998, 6:30 PM. - 8:30 P.M., at Memorial Lutheran Church. He noted Mr. Higgins did do a great service for Bremerton. He also reminded the public the City of Bremerton and the Bremerton Environmental Committee wills co-host the City of Bremerton Water Quality Open House on March 28, 1998, 10:00 AM - 2:00 P.M., at the Public Works Facility. Recently he learned that the Warren Avenue Burger King restaurant, following efforts by Mr. Dickerson and several other Blockwatch groups from Districts #-4 and #5, will be activating a type of block watch program to improve conditions in that area. Part of that action will be the removal of the outside telephone booth and Burger King will become a more active player in spotting and reporting loitering and other undesirable activities in their vicinity. He commended Bremerton residents for being active and proactive within the community. Mr. Overson pointed out the Block watch group in the area described by Mr. Shepherd, purchased a utility light pole and light as part of their Block Watch program. Mr. Rich Yentz, who lives in that area, works with others such as Mr. Dickerson to resolve concerns. He too felt the article referenced by Mr. Montgomery could have been written better with a more positive slant toward the City. He talked directly with the author of that article and he feels the results of that discussion were not reflected as well. He announced Old Wooley's would be opening soon in the old Woolworth building at Pacific and Burwell. Mr. Law announced the next District #3 Neighborhood Meeting is scheduled for April 21. At the last City Council meeting, a citizen expressed concern over a statement that was made by a City Council member. At the end of her TAPE #1534 City Council Reg. Mtg. Minutes March 25, 1998 Page 3 of 9 comments, the City Attorney informed her that the Council would not accept public input of derogatory remarks. The City Attorney read a statement out of the City Council's Policies and Procedures Manual: "Personal complaints, especially those of a derogatory nature against any official or employee of the City shall not be discussed at a City Council meeting". That rule also stated that citizens wishing to make such complaints should put their complaint in writing and submit it to the Mayors office and not give rise to public discussion thereon. After receiving a number of calls on this issue, Mr. Law felt strongly that citizens have the right to come before the Council and voice any complaint or concern they wish and the City Council has an opportunity to make replies the following week. Council is not limited by the 3-minute rule and can say whatever is deemed appropriate. In his opinion, it was not appropriate for the City Council to tell a citizen that they can't complain. He also believes that verbiage in the Council Policies and Procedures was meant more for City employees, who can't fight back or reply. When members of the Council ran for office they accepted the responsibility to act responsibly and to be open for criticism. We should not be in this position if we build a little wall between ourselves and the public who get concerned about Council's actions. He was quite surprised that the news media had not jumped on this issue because he believes it is pretty close to the First Amendment rights of people to express their concerns and thoughts. While Council did go "by the book" he did not think the book was intended to be used in that manner. Mr. McConnell stated in reference to the rule that was quoted by the City Attorney from the Council Policies and Procedures Manual, he did not believe that the citizen made a derogative or slanderous remark. A citizen wanted to know whether or not a Council member believed one thing or another. He found it quite disturbing that a citizen coming before the City Council would be threatened by having that rule read to them. He pointed out that rule had never been read to a Council member and he doubted any of them had been perfect during their comments concern the public. Council should be more concerned about their own image than the image of the people speaking before the City Council. He disagrees with the City attorney instructing Council not to answer questions proposed by a citizen, yet the Council was allowed to answer almost identical questions for the Council Salary Commission, which in his view presented a conflict since they would be setting the Council's salary. Nothing has been done to address the appearance of conflict that was present in that situation. He hoped this Council and the City could get its act together. In his opinion, the citizens in the City are the elected officials' bosses. Had this same attitude been in affect before he was elected to the Council, the Council/City probably would have sued him because as a neighborhood activist he got rather raunchy at times. As a seated Council member, he believes it is his turn to listen to the public. He hoped the City Council would have more patience with the citizens of Bremerton. TAPE #1534 City Council Reg. Mtg. Minutes March 25, 1998 Page 4 of 9 Mr. Olsen reported on March 20, 1998, he and his wife received many calls about a major concern that exists in Distdct #1. He wanted those residents to know that issue is being investigated by the City. Mr. Farr stated at the previous Council meeting, during Public Recognition, the City Attomey read Section 5 - Complaints, and he did not recall her indicating anything about "slanderous". That rule specifically prohibits complaints, especially those of a derogatory nature, which if made should be in writing and processed through the outlined procedure. He disagreed with Councilmen Law and McConnell in that the rule has been in affect prior to his being seated on the Council and on at least one occasion he recited it during a Council meeting. That rule is not meant to stifle anyone's freedom of speech or anything close to it, but to maintain some semblance of order during a Council meeting. The Public Recognition portion of the meeting is not meant to be a free-for-all or an argument to continue. As far as the statement there was a rule that Council will not respond to citizens' complaints at Council meetings, to his knowledge there is not a rule. That issue was discussed at the Council's Retreat and a consensus of the Council felt it was possibly a good idea because citizens' questions do deserve a careful considered answer. He emphasized the Council Policies and Procedures Manual can be revised any time a majority of the Council members decides there is a need for revision. Rule 7 - Parliamentary Procedure states" "The "Standard Code of Parliamentary Procedure", McGraw 1993, shall be used as a guide to govern the conduct of business of the City Council while in Legislative session. However, the Chairperson of the meeting shall have the authority to make a final ruling on all issues of procedure." He noted unfortunately that was one of the more unpleasant aspects of his responsibility as Council President. MAYOR'S REPORT Mayor Lvnn Horton announced the City is looking for High School students (grades 10, 11, and 12) from Bremerton High School, Central Kitsap High School, and Olympic High School, to apply for the Kure, Japan Sister City Program. The Bremerton Central Lions Club and the City of Bremerton jointly sponsor this program. Application deadline is April 20, 1998. The City is also seeking host families for Japanese students, who will arrive in Bremerton July 26 and depart on August 23, 1998. Anyone interested in being considered for a host family should contact the Mayor's office. Mayor Horton announced on March 27, 1998, Governor Locke will sign SB- 6325/Ferry Bill, which also includes the passenger-only boats. Mayor Horton welcomed Boy Scout Troop 1542, who were in the audience as part of their training. TAPE #1534 City Council Reg. Mtg. Minutes March 25, 1998 Page 5 of 9 Mayor Horton reported today she attended the Water Festival at Olympic College. She read the following proclamation that followed along that effort: MONTH OF APRIL as EARTH DAY IN THE CITY OF BREMERTON. Don Larson, President, Kitsap Diving Association accepted the Proclamation. Mr. Larson reported he was a classroom guide at the Water Festival and was very impressed with the displays. He centacted Jim Trainer, City Urban Forester, about the possibility of more trees being planted along street boulevards. Mr. Trainer indicated it is possible for citizens to plant trees on City right-of-way; however, they must contact his office to make sure that it would not interfere with traffic, power lines, etc. Mayor Horton also reminded the public that the Bremerton High School Drug and Alcohol Awareness Committee is hosting a forum for parents concerning alcohol use among students on March 26, 1998, 7:00 P.M., at Bremerton High School. Lastly, Mayor Horton invited the public to view the "fish print" that she made at the Water Festival, which she displayed in her office. PUBLIC RECOGNITION Elizabeth Buell, Bremerton resident, reported she recently learned that Brem-Air Disposal Inc., would not take a cracked garbage can. She felt it was unfair that they would not dispose of a damaged garbage can. President Farr stated her concern would be reviewed and a response provided by the Administration. Del Knauss, Bremerton resident, stated two weeks ago he submitted a questionnaire to the City Council relating to the City Council's salary, and last week he submitted questions for the City Attorney to answer. He handed out seven more copies of the first questionnaire to Council members and requested they be filled out and returned to him. He did receive responses previously from two Council members. He felt there was a conflict when the City Council responded to questions requested by the Council Salary Commission the previous year. He believes his efforts in getting answers to his questionnaire would actually speed the Council Salary Commission along and make their job easier. In response to earlier comments about the City Attorney's use of the Council's Policies and Procedures at the previous Council meeting, he referenced Rule 3 - Public Recognition, which backed up the fact that Mrs. Brown's comments were not out of line...the City Attorney was out of line. He emphasized President Farr is not a dictator in this case and works for the citizens, not the citizens working for him. Phil Olwell, Bremerton resident, stated there seems to be some dissention at the City Council meetings over the past two weeks. He was not happy hearing comments such as those expressed this evening, especially with the Boy Scout TAPE #1534 City Council Reg. Mtg. Minutes March 25, 1998 Page 6 of 9 Troop and a number of professionals in the audience. He suggested that some of the Council Retreat sessions should come out in the public and review the procedures from the publics and Council's perspective. He suggested Council members review this meeting and the actions by both the public and Council members. 8B - BUDGET ADJUSTMENT FUND 102 (STREET FUNDL #AB98-063 Allocate spending authorization to adjust the 1998 budget for the following categories: $38,000 to capital for LED displays Traffic Signals $18,750 to supplies & services (asphalt) $56,750 TOTAL Gene Sampley, Director of Public Works and Utilities, stated this budget adjustment is the result of unanticipated cash balance at year-end 1997. The requested funds are available in an existing fund. The proposal is to expend approximately $38,000 to replace the red globes in traffic lights, which would result in approximately $12,000 per year saving plus the added life of the globes. Replacing the current red globes resulted in the highest incident rate of response of overtime calls. The pay out on that cost is approximately three years. The requested $18,750 would cover costs for asphalt, which will extend the City's street maintenance program closer to the level that has been maintained in past years. Public comment - none. Mr. McConnell questioned the life span of the LED light? Mr. Sampler stated he was not sure of the exact numbers, however, he expects it would be double the life of the current globes. There will be additional savings due to the extended life of the globes and the reduced call outs. Mr. McConnell questioned the life span of the current globe? Mr. Sampley stated the current practice is to replace them at least annually. There is need to replace the red globes more often because they are "on" longer than the other colored globes. The city is the most vulnerable from a liability standpoint when the red globes are out. Mr. Shepherd asked if the City would see a saving by using LED displays for the green lights? Mr. Sampley stated yes, the City will convert to LED globes on the other lights, as they need to be replaced. Mr. Shepherd applauds energy conservation efforts. #1281 MISICIU(Arends/Montgomery) Motion to approve budget adjustment. At 6:25 P.M., the City Council left the Council Chambers to meet for a 10-minute Executive Session to discuss an issue relating to "litigation". TAPE #1534 City Council Reg. Mtg. Minutes March 25, 1998 Page 7 of 9 The City Council returned to the Council Chambers at 6:35 P.M. 8C - SYLVAN WAY STREET IMPROVEMENTS CHANGE ORDERS #4 AND #5 (FINAL, #AB98-064 Change Order #-4 was the addition of a barrier curb and catch basin at 1220 Sylvan Way. Change Order #5 is the final change order and adjusts the quantities within the contract to reflect the actual work completed. Payment of these Change Orders will allow final closeout of the project to be implemented. Staff recommends approval of the Change Orders. Lynn Price, Senior Engineer, stated the Sylvan Way improvements were completed from Wheaton Way up to Olympus Drive in 1997. Change orders #4 and #5 are final change orders and will allow the close out of the project and complete final billing to the contractor. Public comment - none. Mr. McConnell noted this project is in his district and one of the most appreciated projects, which eliminated a hazardous condition, where in certain areas vehicles were allowed to back out onto the street. Mr. Reed stated he was familiar with the location of this project, however, he asked that a vicinity map be included in future submittals. #1509 MISICIU (McConnell/Overson) Motion to approve Change Orders #4 and #5 for Sylvan Way Street Improvements in the amount of $4,060.00 and $37,157.72, respectively; and authorize the Mayor to execute the same. Mr. Overson and Mr. Shepherd asked that Agenda item 8A be placed back on the Agenda. 8A - APPOINTMENT OF WENDY CLARK TO THE SOLID WASTE ADVISORY COMMITTEE, #AB98-062 There is a vacancy on the Solid Waste Advisory Committee. It is recommended Wendy Clark be appointed to fill that vacancy. Mayor Lynn Horton stated Ms. Clark is the Capital Director for Kitsap Transit, has a Bachelor of Science Degree in Civil Engineering and Masters of urban Planning. Ms. Clark is a very thorough and dedicated employee and will be an asset to this committee. This committee deals with solid waste and recycling issues throughout Kitsap County. Over the next several years, the City and Kitsap County will be facing a monumental decision as to what will be done with the generated solid waste since the current landfill will be filled to capacity. TAPE #1534 City Council Reg. Mtg. Minutes March 25, 1998 Page 8 of 9 Mayor Horton pointed out a correction to Ms. Clark's application... she is a Bremerton resident and resides on Highland Avenue. Public comment - none. Mr. Shepherd thanked Ms. Clark for volunteering to serve on this committee. He too believes she has excellent skills to bring to the Committee. That committee will be tasked with a number of responsibilities, i.e. addressing burn bans, short life span of the landfill, community growth and how solid wastes are transported. She will be filling the position he vacated when elected to serve on the City Council. Mr. McConnell stated he was pleased that Ms. Clark is a resident of Bremerton so that her appointment did not require passage of a special ordinance. He found her references and past experience quite impressive. Mr. Overson stated the City is fortunate to have someone of Ms. Clark's quality to participate on such an important committee and the City will be well served by her representation. Mr. Law stated having worked with Ms. Clark on the Peninsula Regional Transportation Planning Organization he was also pleased that she desired to serve the City in this manner. President Farr stated he too had knowledge of Ms. Clark's abilities through the Kitsap Transit Board of Directors and was impressed with her abilities and that she'll be a welcome addition to the committee. #1746 MISICIU (Arends/Montgomery) Motion to confirm the appointment of Wendy Clark to the Solid Waste Advisory Committee. 9A - ORDINANCE NO. 4625 {SECOND READING) AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BREMERTON, WASHINGTON, FOR A SINGLE PARCEL SOUTH OF HIGHWAY 3 NEAR GORST. #AB98 - 060 Public comment - none. #1817 MISICIU(Montgomery/McConnell) Motion to pass Ordinance No. 4625 on second 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. With no further business meeting adjourned at 6:47 P.M. TAPE #1534 City Council Reg. Mtg. Minutes March 25, 1998 Page 9 of 9 · "' ' '11 .'/' ~JLA JO~H~ , Deputy City Clerk  ,~,,__,,1/~~ ~.~J--,,._,~"""" DAVID FARR, City Council President City of Bremerton PJ/DF/me cc: Normal Distribution FileNault