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.
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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.
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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
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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
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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
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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;
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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.
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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
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