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HomeMy WebLinkAbout08/05/98 TAPE #1559 CITY COUNCIL MEETING MINUTES AUGUST 5, 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 August 5, 1998, at 5:30 P.M., with Council President David Farr presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Councilmen Mike Shepherd was absent. Also present were City Attorney Glenna Malanca and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Coundl President Farr and invocation given by Pastor Jeff Chandler of Central Kitsap Presbyterian Church. President Farr made the following announcement: (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 to discuss a personnel issue. (3) Immediately following the City Council meeting, the Council would hold a Study Session on "Sinclair Landing Update," and a 15-minute Executive Session to discuss "contract negotiations." (4) The City Council will hold a Retreat and 20 minute Executive Session on August 10, 1998, starting at 5:00 P.M., at the Gold Mountain Golf Course Banquet Room. The following topics will be discussed: (1) Group Photograph; (2) 20-Minute Executive Session to discuss "Labor Negotiations; (3) What Council Can Do to Become More Pro Active; (4) Presentation by Mayor Lynn Horton On Her Goals And Objectives For the City; And Broad Overview Of The 1999 Budget; (5) City Council's Discussion Relating To The 1999 budget President Farr thanked the members of the TV crew: Production Director Bob Neal, Josh Doehne, George Smith, Mike Peebles, and Jan Greenwood. President Farr announced Agenda Items 8A and 8C had been pulled off the Agenda. CONSENT AGENDA TAPE #1559 City Council Reg. Mtg. Minutes August 5, 1998 Page 2 of 6 A. Minutes - July 22, 1998 #AB98-171 B. Minutes - July 29, 1998 #AB98-172 C. Contract Award to Fire One, Inc. for Monitoring #AB98-173 and Maintenance of Dire Suppression Systems #0100 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. #0131 MISICIU(Montgomery/Arends) On August 5, 1998, the Council does approve for payment those vouchers included and further described as follows: 222325 through 222507 in the amount of $524,361.40; and Regular Payroll for the period ending July 31, 1998, in the amount of $944,763.03. COUNCIL MEMBER REPORTS Mr. McConnell reminded everyone of the next Concert on the Boardwalk on Friday evening, August 7, 1998, 8:00- 8:00 P.M. Mr. Law announced on September 6, 1998, 1:00 - 3:00 P.M., the Manette Community Church and he will co-sponsor a Candidate Form. Today he attended the commissioning of the USS Bridge, which was held in Seattle, and the City of Bremerton was well represented at that event. He noted the Reunion of crewmembers on the first USS Bridge was held in Bremerton. Roy Miller, a member of that crew chaired the Reunion event and they participated in the commissioning ceremony. He encouraged everyone to welcome the USS Bridge crewmembers and their families. Mr. Overson extended a "welcome" to the USS Bridge crew. He announced a new business would soon open in Bremerton - Your Cup Of Tea. Mrs. Arends reminded everyone that even though it is summertime the Bremerton School Board continues to hold School Board Meetings and their next meeting is August 6, 1998, 5:30 P.M., in the Bremerton School District Office located on Marion Avenue. The School District has announced the first day of school is September 2, 1998. TAPE #1559 City Council Reg. Mtg. Minutes August 5, 1998 Page 3 of 6 Mr. Montgomery reported he and Mayor Horton attended the Westpark "National Night Out" celebration. The Bremerton Fire Department, Bremerton Police Department, and K-9 unit also participated in that event, which was well attended. He noted the good rapport the Bremerton Police Office assigned to Westpark has with their residents, particularly the children. MAYOR'S REPORT - Mayor Lynn Horton reported over the past two weeks she took a few days of vacation that were wedged in between two components of business, the first part was a visit to Chattanooga, Tennessee where she rode on electric buses that are prototypes of those ordered by Kitsap Transit that will be used as Shuttle Buses within the City of Bremerton. She was extremely impressed by the quality of the buses and how they were operated within the downtown corridor. She had a firsthand look at how the batteries are removed, recharged, and then reinstailed in a way that keeps the fleet of buses moving. Since early 1990, the city of Chattanooga has undergone a metamorphous and many of the issues that they dealt with are similar to what Bremerton is dealing with, i.e., how to redevelop the community, what kind of components need to be included, etc. In her discussions with several community members and those involved with the redevelopment efforts, they emphasized the fact that the electric bus shuttle system has enabled and enhanced their redevelopment efforts. That community embraced the electric buses and would be very vocal if someone were to suggest that they be taken away. In that same City, they experienced a theatre renovation project and the construction of an aquarium. It was encouraging to her to see how well redevelopmerit efforts can improve the livability within a City. At the other end of her trip she attended a Transit Conference in Ottawa, Canada, where the participants had the opportunity to compare their transit systems to similar systems in other parts of the country. Mayor Horton reported she attended the USS Bridge Commissioning Ceremony, which was very impressive. Approximately 4,000 people attended that event and the post and pre-functions were very nice. She believes the USS Bridge will be a welcome addition to our community and she hopes they feel welcome too. President Farr reported in her absence the Kitsap Regional Coordinating Council held a retreat where 11 issues were identified that would result in various committees being formed and she may find that she was volunteered for such an assignment. PUBLIC RECOGNITION Brian Stallcup, Editor The Sun, expressed his concern over documentation relating to the Sinclair Landing Project being considered "confidential" by the City, the Commercial Group and the Sinclair Landing Association, at the Council's Executive Session immediately following the Study Session that was TAPE #1559 City Council Reg. Mtg. Minutes August 5, 1998 Page 4 of 6 scheduled following the City Council meeting. He disagreed with the citing of RCW Chapter 42.30.110(d) Contract Negotiations as used by the City in its Public Meeting Notice. The only reference to the law in the City's denial to The Sun was to an "lntra-agency memorandum in which opinions are expressed. He challenged that it was not an intra-agency document and that the Opens Record Act makes specific reference to reports by consultants under RCW Chapter 42.17.260(e). The other points of denial were irrelevant because they did not cite specific law. The other issue is the announced 15-minute Executive Session, which was cited as RCW 42.30.110(d) Contract Negotiations. He reminded the Council that the only reasons for an Executive Session are personnel issues, labor negotiations, lawsuits, or sale or purchase of real property. He asked that the Executive Session be recorded and all documents reviewed in that session set aside so that a Judge of the Court could review that activity to determine if the City violated the Open Meetings law. Glenna Malanca, City Attorney, stated the first issue relating to the intra-agency memorandum is a conjunctive provision, i.e., it is communications where opinions are expressed. Just prior to "intra-agencies memorandums, is the word "and," and she believes that it does apply. In regard to the Executive Session, it was her understanding that it would involve negotiations relating to the performance of a publicly bid contract and the items intended to be discussed are appropriate for an Executive Session and do not violate the Open Meeting law. she was not aware that the Executive Session would involve any documents. President Farr asked Ms. Malanca to comment on Mr. Stallcup's request to tape record the Executive Session. Ms. Malanca stated the City is not required to do so and recommended against it. President Farr stated he was aware of the controversy surrounding this issue and he, Mayor Horton and the City Attorney have taken steps to minimize the amount of material that would be presented and discussed in the Executive Session. It was only after counsel with City legal staff that Council will go into Executive Session. He personally is conscious of the public's need to see everything and have everything conducted in the open and in this particular case it is somewhat unique. He emphasized the Council is relying on its legal advice. Ms. Malanca stated the denial of the public documents was conditioned upon a promise on the City's part to contact the affected parties regarding the review of financial feasibility and see if they would be interested or in a position to voluntarily allow the release of that feasibility study. She emphasized it was not a blanket denial. She referenced the cities of Seattle and Spokane had both experienced the same kinds of problems on public/private partnership projects. The City is trying to balance its obligations verses public disclosure requirements. President Farr asked Ms. Malanca to research the issue of recording an Executive Session prior to commencement of the Executive Session. TAPE #1559 City Council Reg. Mtg. Minutes August 5, 1998 Page 5 of 6 Susan Brown acknowledged the receipt of a letter from Judy Johnson, Building Official, which explained how the City tracks notification to property owners to stop building on City property. Ms. Johnson's response explained that for the past three years that information has been tracked electronically. Regarding the Ethics Commission, she received telephone calls in response to questions that she had raised to Mayor Horton and Ms. Malanca and thanked them for their responding to her personally. Rob Schneidler, KPS Health Plan, referenced a newspaper article where it described a policeman being trapped in an uncomfortable situation. He felt it was unfortunate that the news media felt that situation had to be made a joke. He commended the Police and Fire Departments in their responding to community needs and emergency situations. 8B - APPOINTMENT OF SHAWLEE LEE TO THE BREMERTON HOUSING AUTHORITY BOARD OF COMMISSIONERS, #AB98-175 There is a vacancy on the Bremerton Housing Authority Board of Commissioners. It is recommended that ShawLee Lee fill the vacancy. Mayor Lynn Horton explained she was introduced to Ms. Lee through Reverend Cleveland Willjams of the Ebenezer A.M.E. Church. She briefly reviewed Ms. Lee's employment history, community involvement that included outreach ministries at places like Ridgemont Terrace Convalescent Center; and the fact she has a good grasp and understanding of the housing needs of low income individuals. Mayor Horton was also impressed with her organizational skills exhibits in her various activities. She believes that she will be an excellent addition to the Housing Authority Board and urged Council to confirm her appointment. Ms. Lee was not able to be present at the Council meeting. Public comment - none. Mr. Montgomery asked Bremerton Housing Authority Commissioner Art Morken Jr., to give a brief description of the duties of a Commissioner. Art Morken Jr. stated the Commissioners set policy and coordinate development of facilities, such as the new projects that are being worked on in conjunction with Mayor Horton. They handle training of individuals for "right to work." He emphasized the fact that they hold several meetings per month and individually work on various projects. The Commissioners are given extensive training as to how they should work as a Commissioner. Mr. Montgomery stated he attends the Housing Authority meetings and was impressed with the expertise exhibited by the Commissioners. He believes it is important that the individual taking on that responsibility have some background in that particular field. TAPE #1559 City Council Reg. Mtg. Minutes August 5, 1998 Page 6 of 6 #(1953 M/S/C(Arends/Overson) Motion to confirm the appointment of ShawLee Lee to the Bremerton Housing Authority Board of Commissioners. Vote on motion: In Favor: Reed, Arends, Farr, Overson, Law, McConnell, Olsen Abstain: Montgomery Motion carried. With no further business meeting adjourned at 6:08 P.M. City of Bremerton PJ/DF/me C: Normal Distribution FileNault