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HomeMy WebLinkAbout07/08/98 TAPE #1553 CITY COUCIL MEETING MINUTES JULY 8, 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 July 8, 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 Gordon Hanstad of the Sylvan Way Baptist Church. President Farr made the following announcements: (1) The City Council held a Study Session prior to the Council meeting to discuss general Council business. (2) The City Council held a 20-minute Executive Session prior to the Council meeting to discuss "Contract Negotiations." (3) Agenda Item 8B was taken off the Agenda. CONSENT AGENDA A. Minutes of Meeting - June 24, 1998 #AB98-150 B. Minutes of Meeting - July 1, 1998 #AB98-151 #0029 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 #0059 MISICIU(Montgomery/Arends) On July 8, 1998, the Council does approve for payment those vouchers included and further described as follows: 221546 through 221554 in the amount of $374,203.44; and Regular Payroll for the period ending June 30, 1998, in the amount of $907,390.35. TAPE #1553 City Council Reg. Mtg. Minutes July 8, 1998 Page 2 of 8 COUNCIL MEMBER REPORTS Mr. Reed stated there have been a lot of questions about the free right turn-off of Kitsap Way onto Shorewood Drive during the recent construction in that area. He assured the public that the free right turn would be retained. Mr. Montgornery reminded everyone that Council Districts #6, #7, and #8 would hold a joint Neighborhood Meeting on July 9, 1998, 7:00 P.M., at the Bremerton School District Administration Building. The guest speakers at that meeting will be Municipal Court Judge James Docter and Kitsap County Prosecutor Russ Hauge. Mrs. Arends encouraged attendance at the July 9th Neighborhood Meeting. She noted refreshments will be served and residents will have an opportunity to chat with their neighbors and learn how some of their prime concerns are being addressed under the legal system. Mr. Shepherd stated he was glad to be back after vacationing. He reported there is considerable construction going on at Evergreen Park, which is involving Navy Seabees who are assisting with building demolition and road construction activities. He announced the next District #5 Neighborhood Meeting would be held on July 23, 1998, and the main topic of discussion will be "public safety." Mr. Overson complimented the Police and Fire Departments for their effective quality response during the 4th of July challenge. He questioned the rational of the timeframe for purchase of fireworks, the brief time they can be discharged and the availability of illegal fireworks. He believes the City's emergency services are one of the best reasons for living within the City. Mr. Law reminded residents of District #3 that there would not be a Tuesday evening Neighborhood Meeting this month since it was being incorporated in the "Fire Department On Parade" event on July 18. Mr. McConnell encouraged everyone to listen closely to Mr. Olsen's announcement, which will affect Districts #1, #2, and #3. Mr. Olsen reminded everyone that City Council Districts #1, #2, and #3 will host the annual "Fire Department On Parade" on Saturday, July 18, 1998, 10:30 A.M. - 1:30 P.M., at the Perry Avenue Mall. This event is in conjunction with the Perry Avenue Mall's "Family Fun Day." Several fire trucks and an ambulance will be on display, and there will be fire safety demonstrations. Due to his being on vacation, former Councilman AI Colvin will represent him at that event. TAPE #1553 City Council Reg. Mtg. Minutes July 8, 1998 Page 3 of 8 Mr. Farr emphasized that the joint Neighborhood Meeting for Districts #6, #7, and #8 is open to the entire public, and it promises to be very interesting on law and justice matters. MAYOR'S REPORT Mayor Lynn Horton announced within the next two weeks the participants in the Parks Department's program "Leaders in Training" will be undertaking a clean up effort around the Martin Luther King Jr. Library building. Along with that effort, the Lions Club will be upgrading some lighting and the staff will undertake a project to rehabilitate the front door. More volunteers are needed, either through a financial contribution or volunteer efforts. The City is still in need of one family to host an exchange student from Kure, Japan. Anyone interested in being a host family or volunteering on the library project can contact her office at 478-5266. Mayor Horton read the following Proclamation: (1) JULY 10, 1998 and the remaining days of 1998, A TIME TO DRIVE FRIENDLY in the City of Bremerton. Lynn Drake, Traffic Safety Coordinator, accepted the Proclamation and invited everyone to the campaign kickoff on July 10, 1998, 10:00 A.M., at the Bremerton Boardwalk. PUBLIC RECOGNITION Susan Brown, Bremerton resident, thanked the City Council for delaying the issue of the E. 13th Street proposed vacation of City right-of-way, which is a complex issue. One of the things she discovered after doing further research on that issue was that this is not a right-of-way, but surplus property. The process that was started in June was the wrong process. She and her mother met with two City staff members, which resulted in a very productive meeting. Another complexity is the fact there was no Building Permit issued for constructing the existing carport. It concerned her that apparently there was not a follow up process in place when the City Attorney sends a letter to someone to not build on City property. In this particular incident, there was no follow-up and a structure was built on what a member of the public assumed was their property. She requested a written response to the following question: 'What is currently in place to prevent someone from continuing to build on City property once they received a Stop Order from the City?" Carol Atkinson, Bremerton Main Street Association, wanted to clarify that the "Concerts on the Boardwalk" series will run for six consecutive Fridays, beginning with Friday, July 17. This first concert will feature Jr. Cadillac, and is free to the public. Del Knauss stated that the response he received to a previous question about Council members' pay only answered part of his question. He would still like a response to the following questions: 1 ) Will the Mayors options include making TAPE #1553 City Council Reg. Mtg. Minutes July 8, 1998 Page 4 of 8 the Pay Commission an Advisory Board only on setting City Council salary, and will the Council vote on a separate ordinance setting their pay? 2) How many Councilmen received free tickets from the Admiral Theater, and how about the Mayor? 3) How many Councilmen used these tickets? 4) Is this a violation of B.M.C. 2.96.040, Code of Ethics, regarding gifts? 5) Will the City Attorney be advising the Council to discontinue this practice? He also raised several other concerns including the lack of long range planning with no Planners in the City Planning Department, and the way some City employee's have been leaving the City. Jodi Wroblewski 'Parks & Recreation, clarified that there is a separate series of concerts called "Summer Concerts in the Park", held on the eastside of East Park, and are sponsored by the Bremerton Parks & Recreation Department. They will be held on Tuesday nights for the next 5 weeks, with the next concert scheduled for July 14 with Farragut Brass, who feature marches and show tunes. The concerts are 7:00-8:00 P.M., and are free to the public. LEGISLATIVE REPORT: At the July 1, 1998, City Council meeting Tom McDonald of Quality Tire expressed concern over lack of communications within the City involving his obtaining a Building Permit and Occupancy Permit. Response: Following that meeting Judy Johnson, the City's Building Official, and Mr. McDonald reviewed the procedure that was required for Mr. McDonald to obtain the proper permits in order to occupy a new facility at 5th and Naval Avenue. The result of that review revealed that the City had given him assistance in outlining the steps necessary, with timeframes, to process the necessary inspections and sign off for him to meet his deadline, including filling out a new Business License application early on so that the necessary signatures from other City Departments could be obtained. Because changes were made by Mr. McDonald to the initial project, which required additional steps to meet City requirements, the sequence of events did not run as smoothly as he had hoped. JULY 1, 1998: Virgil Elkington, a downtown business owner, asked the City Council's help to make sure that the small business owners were not displaced from the downtown area by the Sinclair Landing project. Response: Mr, Elkington's concern is being reviewed. However, it is important to note that two elected City officials are (non-voting) members of the Sinclair Landing Board of Directors and will have the opportunity to be watchful over the development of the Sinclair Landing project. In addition, letters will be sent to the TAPE #1553 City Council Reg. Mtg. Minutes July 8, 1998 Page 5 of 8 Commercial Group and the Sinclair Landing Association requesting a response to the concern raised by Mr. Elkington. 8A - APPOINTMENT OF TINA DAVIS, DAVID G. WILLIS AND ROY L. MclNNIS TO THE COMMUNITY DEVELOPMENT BLOCK GRANT ADVISORY COMMITTEE, #AB98-152 It is recommended that this year's Community Development Block Grant Advisory Committee has the following members: Tina Davis, David G. Willis, and Roy L. Mclnnis. Mayor Horton discussed the credentials of the three members being recommended for the Community Development Block Grant Advisory Committee, whom she felt would be a good mix of people with technical skills, as well as people with a broader view of the community. She asked Council to confirm their appointments. Public comment - none. #1093 MISICIU(McConnell/Montgomery) Motion to confirm the appointment of Tina Davis, David G. Willis and Roy L. Mclnnis to the Community Development Block Grant Advisory Committee. 8C - HADDON SITE DEVELOPMENT BID AWARD, #AB98-154 Call for bids was prepared, advertised, distributed and received in accordance with City bid procedures. Bids were opened on Thursday, June 25, 1998 for the Haddon project. Four bids were received. The low bidder was Ace Paving Company, Inc., from Bremerton, WA for the Schedule A, Base Bid lump sum amount of $103,820.00. the total contract amount, including Washington State Sales Tax, is $112,229.42. If this bid award is approved by the City Council, an open purchase order will be established as in the past. Schedule B, Restroom, is not awarded at this time due to budget constraints. Jodi Wroblewski, Parks and Recreation Department, stated just over one year ago the Council approved the purchase of the old Haddon School site for $154,000. Meetings were held with the neighbors to find out what they wanted from the neighborhood park. Through that process, the City learned the neighbors wanted a big, open, grassy space with a walking path, restrooms, playground equipment with swings and a slide, basketball court with future requests for a multi-use ball court, covered picnic area, and a skateboard park. The following elements to be built include the infrastructure (utilities and irrigation systems), the open play area, the walking path, and a parking area with sidewalks. A large piece of playground equipment will also be installed due to a generous donation from East Park Housing Authority. Because of budget TAPE #1553 City Council Reg. Mtg. Minutes July 8, 1998 Page 6 of 8 restraints, a restroom will not be built at this time, but at a future date, as soon as funds are available. Alternatives are currently being researched. Roy Mclnnis questioned the discrepancy between the $112,229.42 bid amount and the $103,820.00 amount shown in the Summary Statement. Ms. Wroblewski stated the additional amount is for Washington State sales tax. Public comment - none. President Farr stated that he came on the Council 4-1/2 years ago, and every time a District 6 meeting was held one of the main issues discussed was the lack of neighborhood parks. A couple years ago, they were successful, through the efforts of a neighborhood activist, in obtaining a donation of a piece of property in Anderson Cove where a small "pocket park" was developed. However, that park is only for the small children. He was glad to see this park developing for use by all the kids, rather than the cemetery they are currently using. This park will be located on a nice piece of property, with over 4 acres of land. A portion of the land also sits in a natural bowl configuration, which may someday be utilized for a skateboard park. Mr. Overson stated he had concerns about additional cost for items listed under Ancillary Expenses. Ms. Wroblewski clarified that the expenses listed are included in the Parametrix contract, with most of the items already completed. The $183,427 listed as Total Sources is the total amount to be expended. Mr. Montgomery stated that this park is long overdue in this area. #1455 M/S/C/U(Montgomery/Olsen) Motion to approve the low bid of Ace Paving Company, Inc., in the amount of $112,229.42, including Washington State Sales Tax, and authorize the Mayor to execute the contract for the construction of the park on the old Haddon School site, subject to City administrative policies and procedures. 9A - FLUORIDE INITIATIVE PETITION: A. ORDINANCE (FIRST READING) PROHIBITING FLUORIDATION or B. RESOLUTION #2658 PLACING A PROPOSITION ON THE 9/15/98 PRIMARY ELECTION, #AB98-155 The Fluoride Initiative Petition was certified by the County Auditor on June 25, 1998. RCW 35.17.260 provides for the mater to be presented to the Council within 20 days of certification of sufficiency of signatures. The Council must: A. Pass the ordinance as proposed in the Initiative Petition stating that the water supply of the City of Bremerton shall not be artificially floridated or; TAPE #1553 City Council Reg. Mtg. Minutes July 8, 1998 Page 7 of 8 B. Pass Resolution #2658 authorizing the placing of the proposition on the September 15, 1998, Primary election. Glenna Malanca, City Attorney, stated she wanted the Council as well as the public to be aware that this issue is before Council with the two choices as mandated by State statute. The ordinance being presented was as proposed in the Petition, and was not drafted by City staff. She also wanted to make it clear in regard to Resolution #2658, which authorizes the placing of the proposition on the ballot, the City Attorney is mandated by State statute to draft the ballot title and summary, and then sent to the County along with a Resolution. Ruth Natividad, Citizens For Safe Water, stated no one else from Citizens For Safe Water would comment on the issue of fluoride. Inasmuch as Councilman Farr is related by marriage to Anna Laurie, a representative of Kitsap Cares, which is pro fluoride, she requested that he not take part in the discussion or vote on the Fluoridate Initiative issue due to the fact of or the appearance of conflict of interest. President Farr stated for the record that he met Ms. Laurie and married her during discussion of the implementation of fluoridation and his support of fluoridating the water supply was present and a matter of record prior to that time. He asked the City Attorney to comment on his eligibility to continue participating in this discussion. Glenna Malanca, City Attorney, stated this issue would not appear to be one of a conflict of interest, that would go to a monetary benefit and that does not appear to be within any possible allegations. On the appearance of fairness, the situation would not appear to be on point, but appearance of fairness could be viewed in a much broader sense, perhaps of potential bias. From that standpoint, she is forced to put that back on President Farr to determine if he may or may not feel biased on this issue because of his marriage. If he determines that he was not biased. then he could decline the challenge being made and indicate it should not fall within the appearance of fairness. But, that is an ever increasing expanding of doctrine from the standpoint of the appearance of fairness verses statutory requirements. This circumstance as alleged, would not appear to fall within the statutory requirements. President Farr reminded Ms. Malanca that the issue of fluoridation was before the City Council previously and passed by an 8-1 vote; therefore several other Council members, who have publicly declared their position, are in the same situation. He did not believe it was appropriate because Council was revisiting an issue that was previously approved and his position on the issue is a matter of public record and well known. He also did not believe that it was an issue where an appearance of fairness would apply. Ms. Malanca stated she agreed and it appeared that he had answered that question in that he was fully entitled to decline his bias on this issue because of his marriage to the President of the Kitsap Cares organization. TAPE #1553 City Council Reg. Mtg. Minutes July 8, 1998 Page 8 of 8 Roy Mclnnis, Bremerton resident, stated it was his understanding that the proposal before the City Council was to decide whether or not the issue of fluoridation would be put before the voters of Bremerton, not if they were for or against fiuoridation. Mr. Law stated having been the only Council member that wanted the issue of fiuoridation to go to the vote of the public when it was previously approved, he requested that he be allowed to make the motion following Council's discussion. Mr. Montgomery stated he found the proposed ordinance to be totally unacceptable, but he could support passage of the resolution. Mr. Reed stated he supports sending an issue this big that could affect thousands of people positive or negative to the vote of the public. As much wisdom that may be within the body of the Council, he did not know if it was great enough to make a decision that could affect the community as this may. Mr. McConnell asked the City Attorney if people receiving Bremerton water but who live outside City limits would be entitled to vote on this issue, if it goes before the voters. Ms. Malanca stated on an initiative petition and the resultant election only registered voters within City limits will be allowed to vote. #2082 .MISICIU(LawlMontgomery) Motion to pass Resolution #2658 placing a proposition on the 9/15/98 Primary Election. President Farr thanked the TV camera crew for their services. With no further business meeting adjourned at 6:25 P.M. City of Bremerton P JIDFImells cc: Normal Distribution FileNault