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TAPES #1626 & 1627
CITY COUNCIL MEETING MINUTES
JUNE 30, 1999
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, June 30, 1999,
at 5:30 P.M., with Council Vice-President Carol Arends presiding. Council members present
were Carlos Montgomery, David Farr, Lon Overson, John Law, and Cecil McConnell.
Council members Mike Shepherd, Jim Reed, and Wayne Olsen were absent. Also present
were City Attorney Glenna Malanca, Deputy Clerk Paula Johnston, and Council Assistant
Christine Grenier.
The meeting opened with the Pledge of Allegiance led by Council Vice-President Arends,
who also provided the invocation.
Vice-President Arends made the following announcements:
(1) Prior to the meeting, City Council discussed general Council business; held a 10-
minute Study Session to discuss "Rooftop Antennas"; and concluded with a 5-minute
Executive Session to discuss "Litigation".
(2) City Council will hold two Study Sessions following the Council Meeting tonight to
discuss 1 ) "Small Business Development Center" and 2) "Allocation of HOME funds
for Home Ownership".
(3) At the Vice President's discretion as Chair of the meeting tonight, a letter from a
member of the public will be read during the "Legislative Report" due to his being
unable to attend the meeting tonight.
CONSENT AGENDA
A. Minutes of Meeting - June 16, 1999 #AB99-115
#0025 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.
#0058 M/S/C/U (Montgomery/Farr) On June 30, 1999, the Council does approve for payment
those vouchers included and further described as follows: 231955 through 232153 in the
amount of $533,871.13; and Retiree Payroll for the period ending June 30, 1999 in the
amount of $119,348.74.
COUNCIL MEMBER REPORTS
Mr. Montgomery just returned from the annual AWC conference held in Wenatchee, and
reported it was "very productive". He also commended the City's crew for their efforts to
repair and improve the Belfair Highway.
TAPES #1626 & #1627
City Council Reg. Mtg. Minutes
June 30, 1999
Page 2 of 8
Mr. Farr reported on a well-attended presentation by KIRO Channel-7 News held at the
Admiral Theater, where discussions were held on ways to improve local reporting, with more
emphasis on the positive things that are happening in the community. He also attended a
luncheon and awards ceremony for Peninsula Services, and offered his congratulations to
them for receiving national recognition for "Excellence in Contracting" by providing training
and employment opportunities for persons with severe handicaps.
Mr. Overson reported on the "great" District 4 meeting held recently, and was pleased with
the level of attendance. He also appreciated presentations made by Mayor Horton and Chief
Duke. He commented that the Bremerton Transportation Center is really progressing.
Mr. Law was pleased that Representative Rockefeller, and members of the State
Transportation Commission cared enough about Bremerton to show up and tour the Kitsap
area and Bremerton Transportation Center with the Peninsula Regional Transportation
Planning Organization. He also attended the presentation by KIRO Channel-7 News, and
was pleased with their interest in Bremerton and the community.
Mr. McConnell reported on his attendance at the AWC Conference in Wenatchee, which he
found interesting and informative. He was also impressed with the KIRO Channel-7 News
presentation.
Mrs. Arends reminded the public to be conscious of small children and animals during 4th Of
July celebrations.
MAYOR'S REPORT
· Mayor Horton reported that she has been in dialog over the last 3-4 days with Gene
Sampley, Director of Public Works, and a recommendation has been reached for
disposition of the fiuoridation equipment. Mayor Horton will present this recommendation
to Council President Mike Shepherd upon his return;
· A Proclamation was read commemorating July 4, 1999 as "George Washington Day'
which was received by Linda Rae Lind, Regent of the Elizabeth EIlington Chapter of the
National Society Daughters of the American Revolution. Also present were June Smith,
State Treasurer for the DNR Society; Andi MacDonald, (Martha Washington Costume);
and Peter MacDonald (in costume as George Washington); and
· An announcement was made that during the week of July 10-14, the City of Bremerton
will host approximately 300 youth from the South Carolina area who are part of a group
called "World Chartgets". They will rehabilitate about 25 homes in Bremerton, and
added that Block Grant funding will be used for all of the supplies. The Mayor stated that
a list of the addresses for the 25 homes would be provided to City Council members.
TAPES #1626 & #1627
City Council Reg. Mtg. Minutes
June 30, 1999
Page 3 of 8
LEGISLATIVE REPORT
A letter received by Andrew Parypa was read into the record at his request. He offered his
comments and observation of the portion of the City Council meeting of June 21, 1999 that
pertained to a request for a Beer Garden at an upcoming City event.
PUBLIC RECOGNITION
John Becker encouraged the initiation of home and historical building tours to promote the
City's image.
Paul Drnjevic read a letter before Council reiterating his concerns regarding fiuoridation
equipment. Glenna Malanca requested time to review the questions to determine the
appropriateness of the responses to be given.
Ruth Natividad mentioned that other cities are considering fiuoridation, and suggested that
those cities would be available to purchase the unused fiuoridation equipment.
Susan Brown asked for clarification of procedure regarding the reading of letters at
meetings. Mrs. Arends responded that letters are not generally read into the record, but a
"judgement call" was made in this particular case due to the author of the letter not being
able to attend the meeting due to medical reasons.
9A - APPOINTMENT OF MINDY FOHN TO THE PUBLIC ACCESS CITIZENS ADVISORY
COMMITTEE, #AB99-116
Mayor Horton stated there is a vacancy on the Public Access Citizens Advisory Committee
for the position of "City's Representative." It is recommended Mindy Fohn, Environmental
Technician, Bremerton Public Works and Utilities be appointed to fill the vacancy.
Gordie Byrd asked for a definition of "Public Access Citizens Advisory Committee". Mr.
Montgomery responded that the committee deals with Public Access Television.
#1275 MISICIU (Montgomery/Overson) Motion to confirm the appointment of Mindy Fohn as
the City's Representative on the Public Access Citizens Advisory Committee.
9B - APPOINTMENT OF MICHELLE LANHAM TO THE PUBLIC ACCESS CITIZENS
ADVISORY COMMITTEE, #AB99-117
Mayor Horton stated there is a second vacancy on the Public Access Citizens Advisory
Committee for the position of "City's Representative". It is recommended the vacancy be
filled by Michelle Lanham."
There were no comments from the public.
Mr. McConnell asked how often this Committee meets, and if the candidate would be
available for meetings while attending college? Mayor Horton responded the Committee
meets once a month or as needed. The candidate lives in Bremerton and will make time for
the Committee.
TAPES #1626 & #1627
City Council Reg. Mtg. Minutes
June 30, 1999
Page 4 of 8
Mr. Farr stated that he had an opportunity to meet Ms. Lanham while she was commuting by
ferry for her education. He is pleased she is willing to volunteer her time, and believes she
will be an asset to the City.
#1380 MISICIU (McConnell/Montgomery) Motion to confirm the appointment of Michelle
Lanham as the community representative on the Public Access Citizens Advisory Committee.
9C - INTERLOCAL AGREEMENT BETWEEN KITSAP URBAN COUNTY AND THE CITY
TO FORM A HOME CONSORTIUM, #AB99-118
Debbie Peavler-Stewart, Administrative Analyst for the Department of Community
Development, reported the City of Bremerton entered into an Interlocal Agreement with
Kitsap County in 1997 to form a HOME consortium under the National Affordable Housing
Act. The Agreement expires on December 31, 1999. The Department of Housing and Urban
Development (HUD) provides under the HOME program to expand the supply of safe,
sanitary, and affordable housing for low income persons. HUD determines the amount that
may be allocated to States and local government based on a formula that considers the
vacancy rate, condition and age of housing, and number of persons in poverty. Not all
localities directly receive funds. In fiscal years in which Congress appropriates 1.5 billion of
HOME funds or more, a local government must meet a threshold of at least $750, 000 to
receive direct funding. Those that don't meet the threshold may apply for funding for projects
to the State or form consortiums with other entities. By forming a consortium with Kitsap
County, we will increase the probability of receiving a direct HOME allocation. Congress
appropriated 1.6 million dollars to the HOME program in 1999. The Kitsap County HOME
consortium received $963,000 in 1999, the City of Bremerton received a set-aside of
$438,165 of those funds. The HOME consortium agreement is structured, as it was during
1997-1999, to set aside 45.5% of the total consortium funds to the City, with 5% of the funds
being available to the County for administration.
John Becker asked how the 45.5% figure was determined, because he believes it should be
a higher percentage. Ms. Stewart responded that in 1996, the City had planned on going
into a consortium with the County, but the HUD office allocated the City's funds separately.
When the amounts were put together, the City's amount added up to 45.5% of the total
allocated funds.
#1600 M/S/C/U (Montgomery/Farr) Motion to authorize the Mayor to sign the Interlocal
Agreement for the HOME program years 2000-2001.
10A - ORDINANCE NO. 4653 (SECOND READING) AMENDING CHAPTER 9.48 OF THE
BREMERTON MUNICIPAL CODE. #AB99-113
Fire Chief AI Duke reported that Chapter 9.48 of the Bremerton Municipal Code pertains to
fireworks within the City of Bremerton. This proposal is to bring the BMC in compliance with
State RCW's and WAC's. The major changes to the ordinance include identifying which
fireworks are allowed to be discharged; that each fireworks stand shall have an adult 18
TAPES #1626 & #1627
City Council Reg. Mtg. Minutes
June 30, 1999
Page 5 of 8
years or older in attendance at all times; that no persons under the age of 16 years old shall
be allowed in the stand; and that there will be no selling of fireworks to any person under 16
years old and photo identification will be required.
Gordie Byrd asked what time-frame fireworks would be allowed for discharge, and what
were the penalties for non-compliance. Chief Duke responded the hours for discharge of
fireworks would be from 11:00 A.M. to 11:00 P.M. on July 4th Only. The penalties are up to 90
days in jail or up to $1,000 fine, determined by the Municipal Court Judge.
Elizabeth Buell requested that firework stands post signs indicating these time limits. Chief
Duke reported that signs indicating time limits are required to be posted, and are provided by
the City.
Melanie Williams expressed concern about prior fireworks activity and possible fire hazards.
Chief Duke noted that patrols will be increased and citations will be given out to lawbreakers.
#1865 M/S/C/U (Montgomery/Overson) Motion for Council to pass Ordinance No. 4653 on
second reading.
10B - ORDINANCE NO. 4654 (SECOND READING) REVISING THE CODE OF ETHICS,
#AB99-107
Glenna Malanca, City Attorney, reported this was an Ordinance repealing and revising the
Code of Ethics for City officials and employees. This ordinance has clarified the purpose of
having a Code of Ethics, and the expectations and penalties therein. Chapter 2.96 will be
repealed in its entirety if the City Council adopts the attached Ordinance in its place. Ms.
Malanca clarified the following three areas at the request of the Council:
1. Section 2.96,060 "Frivolous Complaints" - In response to the concern that the use of the
word frivolous" should be clearly defined, it was stated that the term is very clearly defined
under State Law to mean "without merif';
2. Section 2.96.050 "Enforcement" (G)(4) "Discipline" - A caveat was added to include
employees along with City Officials in dealing with discipline and civil service rules; and
3. Section 2.96,030 "Violations" - Specifies that only portions of State RCW 42.52 are
hereby adopted by reference.
Del Knauss requested that under Section 2.96.060(2) that the word "shall" be replaced with
the word "may"; and provided Council with the complete list of the RCW's referenced to, and
requested that Council adopt it as an attachment. John Becker concurred. Susan Brown
concurred, and also requested the time-line for discussion on Council Rules & Procedures.
Mr. Montgomery asked why a change in the ordinance was necessary if the ordinance
complies with State requirements. Ms. Malanca responded that this was a "policy" decision,
however, the ordinance in its previous form was not "user friendly".
TAPES #1626 & #1627
City Council Reg. Mtg. Minutes
June 30, 1999
Page 6 of 8
Mr. McConnell thanked Ms. Brown for her diligence with this issue, which resulted in the
establishment of the current, clearer Code of Ethics.
#2490 M/S (Law/McConnell) Amended motion to change the word "shall" to "may" under
Section 2.96.060(2)"Frivolous Complaints".
Motion withdrawn.
#2450 M/S/C (Overson/McConnell) Motion for Council to pass Ordinance No. 4654 on
second reading.
Vote on motion: In favor: McConnell, Law, Overson, Farr, Arends
Opposed: Montgomery
Motion carried.
10C - ORDINANCE NO. 4655 (SECOND READING) AMENDING CHAPTER 2.62 OF THE
BREMERTON MUNICIPAL CODE, #AB99-108
The attached Ordinance amends Chapter 2.62 by allowing the hearing examiner to have
jurisdiction to receive and rule on complaints referred by the City Auditor, or as otherwise
provided, in regards to the Code of Ethics.
#2965 M/S/C/U (Montgomery/Law) Motion for Council to pass Ordinance No. 4655 on
second reading.
10D - ORDINANCE NO. 4656 (SECOND READING) REQUIRING APPLICANTS TO PAY
COST FOR ANY NEWSPAPER NOTICES. #AB99-109
Jon Holan, Planning Manager, reported this proposed ordinance would require applicants to
pay for any newspaper notice costs for permit types included under BMC Sections
21.02.840, 21.02.845, 21.02.850, and 21.02.655. Mr. Holan clarified that the ordinance was
amended to be identified in a specific section of the B.M.C. and at the Council's request,
added that "Appellants" be included under Section 21.02.857 "Cost of Newspaper Notices"
along with "Applicants" who will pay for the cost of any notices for publication. Additional
wording was added to clarify that Planning Department Staff would prepare the notices.
Elizabeth Buell asked how much these notices generally cost. Mr. Holan stated slightly
under $40.00.
Rodney Davies asked who would pay for the additional notice if precipitated by a citizen
objection, and another meeting had to be scheduled; and what costs are covered by the
permit fees. He objected to another cost being passed on to the taxpayers. Mr. Holan
answered the City would pay for the additional notice; and permit fees cover the cost of staff
time from the Planning Department as well as other Departments.
Mr. McConnell voiced his opposition to adding individual fees for City services.
TAPES #1626 & #1627
City Council Reg. Mtg. Minutes
June 30, 1999
Page 7 of 8
Mr. Montgomery felt that possibly less than 20% of the City's population utilize these types
of permits, and did not believe the whole City should subsidize the costs, he therefore
supported this proposal.
Mr. Overson stated that although he agreed with portions of both Councilmen's comments,
he feared that increasing fees may discourage people from submitting applications for
permits. For that reason, he did not support this change.
#3240 M/S/F (Montgomery/Farr) Motion for Council to pass Ordinance No. 4656 on second
reading.
Vote on motion: In favor: Montgomery, Arends
Opposed: Overson, Farr, McConnell, Law
Motion failed.
11A -2000 CDBG/HOME POLICY PLAN, #AB99-119
Debbie Peavler-Stewart, Administrative Analyst, reported the attached is the draft 2000
CDBG/HOME Policy Plan, which initially was presented to the Council during a study
session on June 2, 1999. Recommended changes were incorporated into the document.
The plan identifies the CDBG rules and regulations, as well as the City's allocation process.
A letter announcing availability of the plan was sent to all persons and organizations that
have indicated an interest in the CDBG and HOME programs. A copy of the Plan was sent
to those requesting it.
Corky Senecal, Housing Manager for Kitsap Community Resources, was concerned that no
City of Bremerton CDBG funds can be used for rental properties. She pointed out that
current policy does not assist renters, denying them improved living conditions through
increased energy efficiency, reduced energy costs, and corrected health and safety issues.
She stated in a recent report, it showed that 60% of Bremerton residents are renters, and
encouraged service to all residents of Bremerton.
Mr. Farr, as a landlord who owns rental properties, stepped down at 7:15 P.M. to avoid the
appearance of impropriety under the Appearance of Fairness Doctrine.
Mr. Overson asked for clarification of his belief that owners can use these funds even if they
rent out their property? Ms. Peavler-Stewart responded no, not with the policy the way it is
now written. The funds can only be used for owner-occupied units.
Mr. McConnell stated that he supported this policy because the City could no longer
continue to subsidize the tremendous number of "bad" landlords in the City, and needed to
encourage more landlords to properly take care of their own properties.
TAPES #1626 & #1627
City Council Reg. Mtg. Minutes
June 30, 1999
Page 8 of 8
Mr. Law asked how the City could keep owners from charging more rent if a program was in
place to assist them in fixing up their propedies. Ms. Senecal responded that the owner
would be required to sign an agreement stating that the rent for the particular property would
not be raised for 12 months from the date of completion.
Mrs. Arends asked if there were any provisions to keep a property owner from selling the
property during the same 12-month period for a higher price? Ms. Senecal answered no.
Mr. Overson stated this issue was thoroughly discussed during committee meetings, and he
supports it as proposed to support homeownership within the City.
#3240 M/S/C/U (Montgomery/Overson) Motion to approve the draft 2000 CDBG/HOME
Policy Plan as presented.
With no further business meeting adjourned at 7:20 P.M.
City of Bremerton
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