Loading...
HomeMy WebLinkAbout12/03/97TAPE #1506 CITY COUCIL MEETING MINUTES DECEMBER 3, 1997 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, October 22, 1997, at 5:30 P.M., with Council President David Farr presiding. Council members present were Carlos Montgomery, Bob Winters, Sherril Huff-Menees, Richard Neville, Lon Overson, John Law, Cecil McConnell, and Al Colvin. Also present were City Attorney lan Sievers and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and invocation given by Reverend Cleveland Williams of Ebenezer AM.E. Church. President Farr made the following announcements: (1) During the normal Pre-council Study session a brief discussion was held relating to the 1998 budget, which resulted in Council setting a Study Session on December 8, 1997, starting at 5:30 P.M., in the Council Conference Room to discuss allocation of the 1998 Hotel/Motel Tax CONSENT AGENDA A. Minutes of Meeting - November 19, 1997 #AB97-250 B. Minutes of Meeting- November 25, 1997 #AB97-251 #0039 M/S/C/U(Neville/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 ##0061 M/S/C/U(Colvin/Montgomery) On December 3, 1997, the Council does approve for payment those vouchers included and further described as follows: EFT 4544, 213931 through 215057 in the amount of $250,483.13; and Regular Payroll for the period ending November 30,1997, in the amount of $821,184.28. COUNCIL MEMBER REPORTS Mr. Winters expressed concern that The Sun newspaper accurately reported comments may by Mayor Horton having to do with the kind of voters that voted in the last election. He felt it was important that the voters remember that their vote TAPE #1507 City Council Reg. Mtg. Minutes December 3, 1997 Page 2 of 11 is their voice, that they not let anyone discourage them from voting for any reason. He was hopeful the comments reported as being made by the Mayor were not true, but if they were, as a City Councilman, he extended an apology to the voters. Mr. Montgomery reported on November 29, 1997, The SUN printed an article about SR16 - Narrows Bridge project, which resulted in him receiving eight telephone cells. When that issue was being deliberated by an Advisory Committee, no one contacted him to voice their opinion. The comments he did receive ranged from "no bridge", "no tolls" to "build a bridge" and "implement tolls". But, the predominant question has been why is a toll being considered for the Tacoma Narrows Bridge when the West Seattle Bridge was built without any consideration that tolls be implemented. It appears to him that someone in the Department of Transportation or Olympia is trying to hold the Olympic Peninsula hostage. He is hopeful when this issue comes before the voters that they exercise their vote properly. He and Kitsap County Commissioner Garido plan to hold a Town Meeting some time in January on this issue. On December 2, 1997, he attended the PSNS Tree Lighting ceremony. That event had an excellent program, unfortunately a small crowd was there to enjoy it. Lastly, he referenced a magazine article from "VIEW MAGAZINE", which is published by Veterans Of Foreign War, titled "Famous Battleship Set For Voyage". It concerned him that the decision over the Missouri disposition was strictly a political decision, leaving the American people completely out of the process. He pointed out an element of the criteria used in the selection process was that no public money could be used, either to tow it, refurbish it or to moor it. Now, the politicians have determined a different way interpreting that law so that Federal properties can be leased. If the ship had been awarded within the continental United States the moving and mooring would have been covered by private funds, not Federal funds. He asked what makes the State of Hawaii so different than the rest of the country? He urged the public to write to their Congressmen and express their opinion on this issue. Mr. Law reminded everyone that District #3 would not hold a District Neighborhood Meeting in December and the next scheduled meeting is set for January 20, 1998. Mr. Colvin expressed his shock at seeing so many members of his family, fellow Lions Club members and friends in the audience. He expressed his appreciation to all those who supported his election and re-election to 12-years on the City Council. It was difficult to put in words how he feels about his retirement from the City Council. He expressed his sincere appreciation to the citizens of Council District #1 for electing him to three consecutive terms. The experience serving on the Council was rich and rewarding and has reinforced his faith in his fellow citizens. This attitude of appreciation is extended to his fellow City Council members, the City's executive staff, employees and to all citizens whose paths TAPE #1507 City Council Reg. Mtg. Minutes December 3, 1997 Page 3 of 11 he has crossed. He will leave the Council with high expectations that his fellow Council members will continue to pursue a course to serve the citizens and each other with fairness, patience, and justice for all. He also extended congratulations to his successor, Wayne Olsen. Mr. Farr announced the Kitsap Transit Board of Directors decided to re-submit two of the three ballot measures that would have maintained the Access Service and service in different areas outside of Kitsap Transit's area that failed. The Board's decision was in response to many complaints from people whose Access bus service would be curtailed and cause them hardship. The Board voted unanimously to place the South Kitsap and Central Kitsap areas back on the ballot in February 1998. MAYOR'S REPORT Mayor Lynn Horton thanked everyone involved with the benefit event held at the Admiral Theater on November 28, 1997, for the Kona Village tenants. Mayor Horton announced a Blood Drive will be held on December 8, 1997, 1:00 - 7:00 P.M., at the Washington Mutual Savings Bank at 5th and Washington. The co-sponsors of the Blood Drive are Memorial Lutheran Church, Holy Trinity Church, and Our lady Star Of The Sea Church. Additional information can be obtained by calling Art Freytag 373-6921 or Ann Ballinger at 373-9870. Police Chief Paul Du Fresne stated one of the most exciting things about Police work in this community has been the degree of cooperation amongst all of the law enforcement agencies throughout Kitsap County. In particular, Bremerton has developed a very good working relationship with the officers of the Puget Sound Naval Shipyard Police Department. One of the things the two Departments cooperates on is the Police Explorer Program. Recently, with PSNS's help, all of the Police agencies within the community came together for the National Night Out Program, which PSNS's Department spearheaded. The National Night Out Program was particularly successful and all the agencies that participated received a National Award for this program. PSNS Police Sergeant Richard Grell presented the City an award for their participation in the 14th Annual National Night Out Event held in Bremerton on August 5, 1997. National Night Out is an annual crime and drug prevention community program sponsored by the National Association of Town Watch. This event was held in more than 3,000 communities with more than 30 million people participating. This event is designed to heighten crime and drug prevention awareness and generate support and participation in local crime and anti-crime efforts. Chief Du Fresne acknowledged the presence of representatives from the Washington State Patrol and other law enforcement personnel from cities that assisted with that event. Mayor Horton introduced Karl Jonietz, the new President of Olympic College, and offered the City's assistance in any future endeavors or projects that he or TAPE #1507 City Council Reg. Mtg. Minutes December 3, 1997 Page 4 of 11 the College might have. Mr. Jonietz stated he and wife share the opinion that it is an absolute pleasure to live in a community such as Bremerton. When one come from the outside to a community like Bremerton, it gives you a good opportunity to see what wonderful folk live here. When he took his position as President of the College, he conveyed to his Board of Directors that he wanted to improve the College's communication with the public it serves. He believes relations need to be improved and saying that does not mean they were bad in the past; however, we can never have too much communication and shared goal setting and pursuit. In that sense, he hoped the Council had received the first of a Public Report he intends to render once per quarter to the citizens of the College District that details some of the things happening on the campus since August 1, 1997. One of the key issues was the initiating of one of the first programs in the State offering one-stop-shopping for people who are on public assistance and seeking to get off as well as taking college credit or vocational classes at the college. This is an example of increased connection that they desire to provide the public. The second most important thing happening on the campus is their campaign to replace the Library, which was destroyed approximately a year ago during a winter storm. The college received State support to rebuild what existed and they are campaigning for public funds to increase the size and capability of the Library. He was pleased to report that through very generous support of this community, they are only $700,000 away from their goal, which was to raise 3.5 million dollars. He anticipates the groundbreaking for that facility to occur in fall of 1998. Mr. Mont.qomery stated as a former member of the staff at Olympic College, he believes Mr. Jonietz's leadership has been excellent and he has accomplished much in the short time he has been in that position. Mr. Jonietz thanked Mr. Montgomery for his kind words and cautioned that he will likely make mistakes and will ask forgiveness when that happens. Mayor Horton stated as a follow up to President Jonietz's comment about being human and making mistakes, she acknowledged the recent newspaper article and a comment reported, which was taken out of context. That comment indicated she had made a derisive comment about the Bremerton community voters. She emphasized under no circumstance does she feel that the Bremerton community voters are less than anything but very wise. Her comment was meant to talk about the frequent verses infrequent voters and not the quality of the voters within the community. She would never disparage the voters or anyone else in the community and for that she is sorry for an inadvertent comment. She acknowledged that she too is human and makes mistakes and apologized for any inference to anything other than the highest regard for Bremerton voters or any other person living within our community. PUBLIC RECOGNITION Bob Sauter, President Kitsap County Veterans Coalition, stated for the past three days he has been receiving calls from across the United States as a result TAPE #1507 City Council Reg. Mtg. Minutes December 3, 1997 Page 5 of 11 of the magazine article Mr. Montgomery referred to during his earlier report. He credits the reason for his receiving those calls to the fact his name and telephone number was listed in the magazine. He will continue to fight to retain the Missouri in his own way and on his own time. He extended an open invitation to the public to attend the Pearl Harbor Day Ceremony on December 7, 1997, 9:55 A.M., at the Naval Hospital in the Ross Auditorium. Jonathan Scott extended an open invitation to the 4th Annual Martin Luther King Scholarship Program, which will be held on January 19, 1998, 10:30 A.M. - 1:00 P.M., at the Kitsap Pavilion. Kitsap County Commissioners, City of Bremerton and EBENEZER A. MC. Church will sponsor this event. The Martin Luther King Community Choir, directed by Darrell Menefee, Chapter Representative of the Gospel Music Workshop of America, will hold its first rehearsal on December 5, 1997, 7:30 P.M., at Ebenezer A. MC. Church. Del Knauss, Bremerton resident, stated he was glad Mayor Horton apologized for comments made and reported in The Sun. What surprised him was someone blaming a statewide initiative for a close mayoral race. He believes it was policies of the current City administration that made it such a close race,i.e., people are upset about the Sinclair Landing project, implementation of fluoridation, Gorst-Bremerton Gateway Project, wastewater treatment plant and high sewer bills. He felt it was time for the City Council and the administration look at what they are doing since nearly 50% of the voters do not like what is happening and maybe the change will come about in the form of a City Manager form of government. Carol Atkinson, Bremerton Main Street Association, announced Santa will arrive downtown on December 5, 1997, at 6:00 P.M., on a City Fire truck. The Bremerton High School Band and Choir will provide entertainment for that event. Children will have the opportunity to have their picture taken with Santa. Susan Brown, Bremerton resident, reported she is continuing her research into the City's Ethics Ordinance. Based on that research, she believes the City's existing code is not adequate to handle the kind of complaint that she filed and she would like to see the City re-write the code. She has found that various cities have procedures to resolve conflicts with the Ethics Code that range from 3- months to just a few days. Wayne Olsen, Bremerton resident, reminded everyone that District #1 will hold an open house honoring Councilman Al Colvin and his wife Hazel for their years of service within the Bremerton community. This event will take place on December 4, 1997, 7:00 P.M., at the Sheridan Park Recreation Center. Rod Johnson, Bremerton resident, referenced the newspaper article in which Mayor Horton was quoted that she did not have time to doorbell the crummy TAPE #1507 City Council Reg. Mtg. Minutes December 3, 1997 Page 6 of 11 voters and that those who support him in the Mayoral race were those "crummy' voters. As a result of that article, people have contacted him expressing their outrage by her comments. This city is definitely divided by those who have and those who do not have. A true leader must be able to work with all the people of various social and economic backgrounds. Anyone might speculate on any reasons why a person might vote one way or another, but he wanted it to be known and on the record that those who supported him are definitely not "crummy voters". He thanked Mayor Horton for her apology for the comments reported in The Sun. In light of those comments, one might feel their voice, especially in West Bremerton, would not be represented and their needs might not ever be addressed. He was proud that his campaign for Mayor contained no slander and was carried out in a very respectable manner. He asked the City Council to closely scrutinize any changes to the City's Police Department to ensure there are no vengeful appraisals because of their support of his campaign. He was thankful for all the voters that support him and particularly their interest in local politics. He offered his services to help resolve some of the problems he believes exist within the community. Beth Tourigny, Bremerton resident, expressed her frustration over the unsafe conditions of reckless driving and noise problems within their neighborhood from the customers that frequent Ammirato's and Larson's taverns located at the Perry Avenue Mail. She provided pictures showing tire tracks from a customer leaving one of the bars prior to its crashing in a ditch behind the Red Apple Grocery store. She described actions taken by her family to separate their yard from activities taking place at the Perry Avenue Mall parking lot, which included installing a $2,000 fence. They are still not experiencing the safety they want within their own home. Not only are they afraid vehicles will drive through their house, but are now afraid of gunfire. They were told by the City's Planning Department, when they asked what kind of considerations were the neighbors given when the taverns were allowed to open, that they were residents of the County and we don't care about you people. The situation the Planning Department created is an environment where two taverns are operating from their backdoor in a secluded parking lot, creating an unsafe environment. Letters have been sent to the City Council, property owners, Commissioner Phil Best, and Senator Betti Sheldon expressing their concerns. They have discussed this issue with several Police officers, Captain Joe Haffield and members within the Planning Department; however the reckless driving of the tavern patrons has not gone away. Now, a murder has occurred in that specific area, which no longer makes them scared but terrified. They have been told if new businesses were to go in, zoning restrictions could be implemented, such as requiring a buffer between the commercial and residential zones and restricting parking to the other side of the Perry Avenue Mall. She questioned why can't safety measures be retrofitted regardless of zoning and ordinances. What about just doing the right and safest thing? At the least, they request that a cement fence be installed as a buffer between their house and the parking lot in order to separate the TAPE #1507 City Council Reg. Mtg. Minutes December 3, 1997 Page 7 of 11 commercial property from the residential, restrict the parking to the other side of the mall so that the activities in the parking lot are not secluded, and create a noise ordinance that will stop repeated harassment. The only solution the City and Police have provided them was for them to wear ear plugs. She requested the City do something to get her family out of harms way where they have been placed. Gordy Byrd reported he has been collecting funds for a shelter for the homeless for eight years and still pursuing his dream to establish such a facility. Paula Johnston, Deputy City clerk, announced Mayor Horton requested the following Agenda item be added to the Agenda. RESOLUTION #2634~ NAMING FIELD NUMBER I AT LIONS PARK TO "AL COLVIN FIELD"~#AB97-253 Consistent with the provisions for naming parks and as unanimously agreed to by the Bremerton Parks and Recreation on 24 June 1997, it is recommended to rename Field 1 at Lions Park. Mayor Horton stated great effort has been made to keep this proposal a secret. The resolution acknowledges Councilman Colvin completing his third term as the representative to the Bremerton City Council District #1, serving his constituents faithfully, helping to make Bremerton a better place to live and his dedicated service of over 11 years as a member of the Bremerton Central Lions Club; and his strong advocacy of parks. The following individuals shared their personal stories about Al and Hazel Colvin's community involvement: Reverend Cleveland Williams, Pastor of Ebenezer A.M.E. Church, Dennis Rainey, President Bremerton Central Lions Club, Roy Mclnnis, Bob Sauter, and Glenn Jarstad, Mr. Winters shared the fact that he would not be a City Council member if it had not been for the encouragement he received from Councilman Colvin to pursue serving in a public office. President Farr, Mr. Winters, and Mr. McConnell shared their experiences with Councilman Colvin when they attended Association of Washington Cities conferences and how he seemed to know so many people from various pads of the State. Mr. Law stated Al and Hazel Colvin have demonstrated that they are a team and have accomplished so much for Bremerton. They have never sought recognition for many of the things they have done within the community, which is demonstration of humility that we should all try to achieve. He extended a special "thank you" to Al for being a help to his fellow Council members. TAPE #1507 City Council Reg. Mtg. Minutes December 3, 1997 Page 8 of 11 #1929 MlSlC(Overson/Montgomery) Motion to approve Resolution #2634, Naming Field Number 1 at Lions Park to "Al Colvin Field." Vote on Motion: In Favor: Neville, Overson, Law, McConnell, Winters, Montgomery, Huff-Menees, Farr Abstain: Colvin Motion carried. Mayor Horton and Hazel Colvin unveiled the plaque that will be place at the field which states: "DO Good - Do all the good you can, by all the means that you can, in all the places you can, all the times that you can, to all the people you can, as Iong as ever you can", by John Wesley. Mayor Horton concluded her remarks by adding that Al is a hero. Mr. Colvin stated he could not have accomplished what he has without the support of his wife Hazel and any mistakes that he made were made on his own. 8A - ORDINANCE (FIRST READING) ADOPTING THE 1998 BUDGET, #AB97-252 This ordinance adopts the City's 1998 Budget at the fund level as described in the text of the Ordinance and as presented in the Mayor's Preliminary Budget document. Rich Hanna,, City Treasurer, explained the proposed budget has been presented to the City Council in a series of Study Sessions after its preparation by staff under the direction of the Mayor. Copies of the proposed budget have been made available to the public in the City Clerk's office as well as both Bremerton branches of the Public Library. The proposed budget is a "status quo" budget with minimal changes reflecting a continued tight financial environment. President Farr pointed out Fund 104 - Hotel/Motel Tax will be further studied at a Council Study Session on December 8, 1997, 5:30 P.M., in the Council Conference Room. Lawrence Soriano, Bremerton Main Street Association (BMSA), stated BMSA appreciates all the work and effort that the Lodging Tax Advisory Committee put into to their recommendation. However, they are concerned that in approaching the recommendations the Advisory Committee was very limited in its scope and did not necessarily follow the spirit of the State Statue addressing Hotel/Motel Tax. He reviewed the State Statue and highlighted the fact that the kinds of functions sponsored by BMSA fall within the criteria identified under tourism. He also pointed out that they also provide advertising, which is an allowable use of Hotel/Motel Tax funds, as is marketing special events and festivals designed to attract tourist. Therefore, he urged the Council to reconsider the application of TAPE #1507 City Council Reg. Mtg. Minutes December 3, 1997 Page 9 of 11 those funds and put in a provision for BMSA since they meet more aspects of the definitions within the State Statute than any other group. During their 10-years existence they have provided, for the City, the start of the Downtown Adopt-A- Tree Program, hanging flower baskets, holiday banner program, Black Berry Festival, the Downtown Taskforce, coordinate the Granite and Brick program at the boardwalk, concerts on the boardwalk, Santa event, and St. Patrick's Day Parade. David Boynton spoke in favor of Bremerton Main Street being included in the allotment of the Hotel/Motel Tax based on the very success concerts on the boardwalk program, Black Berry Festival, as well as other family oriented events. Mr. Winters pointed out in 1995 the City of Bremerton funded $29,479.00 on rent and utilities for operating the Bremerton Naval Museum from the Hotel/Motel Tax. He asked Mr. Hanna if he was aware of the State Statue addressing Hotel/Motel Tax in 1994, 1995, and 1996. Mr. Hanna stated the referenced statute has been in affect well before 1994 and amended a number of times by the State Legislature. He believed it was originally created in the 1970's. Mr. Winters asked the City Attorney if he was aware of that same State law, and that for the last three years the City has been in violation of that law? lan Sievers, City Attorney, pointed out that law has been amended by the State Legislature and his office has issued memorandums on appropriate expenditures of those taxes. Mro Winters questioned then who in the City is liable for breaking the law since Council approved the allocation of funds to a use that did not qualify under this law. He referenced a letter Council received that stated the State Auditors declared funding the Naval Museum was not appropriate under the State Statute criteria. He did not understand why he, as a Council member, was not given that data three years ago and only learned about it just prior to this meeting. Mayor Horton stated the State Auditors addressed that point with the City in 1996, which she believed was discussed with the City Council. She believed there was a difference of opinion on that point especially in light of the fact that there would be an attempt at the State level to broaden the definition in the Hotel/Motel language. Therefore, she does not support the position that the City is in violation of the law, but certainly in order to clarify that position the City took part in the lobbying effort along with the Association of Washington Cities. Mr. Winters stated what he is hearing then is that the City Council is not responsible for illegally legislating funds for this account to be used, but now if it were pursued the City would be in violation. Mr. Sievers stated the whole tax law was a real hodgepodge of special interest legislation and that was the reason for the correction so those funds could be more broadly spent on tourism related attractions and promotional activities. In this appropriation, the Naval Museum would comply with the new law. He pointed out the Auditor's comment does not make the Council or anyone else liable unless it was pursued by the State Attorney General on a referral by the State Auditors. To his understanding the State Auditors have not conceded or agreed to take any action. Mr. Winters TAPE # 1507 City Council Reg. Mtg. Minutes December 3, 1997 Page 10of 11 asked if he understood correctly that the Naval Museum could be considered for allocation of Hotel/Motel funds dudng Council's review of this item at their Study Session on December 8? Mr. Hanna stated that would be his understanding. He noted he was specifically requested by a City Council member to provide a piece of information, i.e., the State Auditor's comments. Mr. Winters questioned the meaning of SSB58677 Mr. Sievers stated he believed it was the recent amendments to the Hotel/Motel Tax. Mr. Winters questioned as an amendment then it would not be law at this point in time? Mr. Sievers stated no, it is law. It refers to the session law since it may not have been codified at the time the reference was made. Mr. Winters referenced comments in the memorandum from the Lodging Tax Advisory committee relating that submittals for Hotel/Motel taxes should reflect all sources of income and all sources of income should be weighing factors during the review process. He questioned if that was recommended in the State law? Mr. Sievers stated he had not reviewed the document Mr. Winters was referring to. Mr. Winters stated based on the information provided, the recommendation looks like a situation of "railroading". Mr. Montgomery disagreed with Mr. Winters and emphasized nothing was being "railroaded". In reference to the document from the State Auditor's, Auditors make recommendations, they do not determine law. #0023 M/S/C(Overson/Montgomery) Motion to approve Ordinance, on first reading, as presented and amended during Council's Study Sessions with the exception of Fund 104, which will be left as a single amount in the fund without distribution at this point. Distribution will be determined between first and second reading of the ordinance and approved with the second reading. If agreement has not been reached at the time of second reading, then it will be continued through Study Sessions until Council resolves final distribution. TAPE #1506 Mr. Colvin asked as a point of clarification if any of the applicants were ineligible to receive Hotel/Motel tax funds? Mr. Sievers stated no. Vote on motion: In Favor: Winters, Neville, Farr, Overson, Law, Colvin Oppose: Montgomery Abstain: Huff-Menees, McConnell Motion carried. President Farr thanked the TV camera crew for their services: Robert Neal, Traci Tiegan, Scott Kulinski and Debi Dreiling. With no further business meeting adjourned at 7:04 P.M. TAPE #1507 City Council Reg. Mtg. Minutes December 3, 1997 Page 11 ofll P/AUI_A~OHN~T~I3~'puty City Clerk DAVID FARR, City Co"Uncil Pre~fd~nt City of Bremerton P J/DF/me Cc: Normal Distribution FileNault