HomeMy WebLinkAbout09/11/96COUNCIL
APPROVED
OCT 9, 1996
TAPE #1405 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
SEPTEMBER 11, 1996
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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, September 11, 1996, at 5:30 P.M.,
with Council President John Law presiding. Council members present
were Bob Winters, Carlos Montgomery, Sherril Huff-Menees, David
Farr, Richard Neville, Lon Overson, Cecil McConnell, and A1 Colvin.
Also present were City Attorney Ian Sievers and City Clerk Kathleen
McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Law and Invocation given by Reverend Larry Reed of
Olympic View Assembly of God Church.
CONSENT AGENDA
None
CLAIMS/CHECK REGISTER8
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.
M/S/C/U(Colvin/McConnell) on September 11, 1996, the Council does
approve for payment those vouchers included and further described
as follows: 201357 through 201543 in the amount of $565,649.17.
COUNCIL MEMBER REPORTS
Mr. Colvin announced the District #1 Neighborhood Meeting scheduled
for September 19 will be MC'd by Wayne Olsen and Mayor Lynn Horton
will give the State of the City address.
Mr. Overson reported today at approximately 2:00 A.M., the
Bremerton Police Department was summoned by his neighbor due to an
apparent prowler. He was pleased to report the Police response was
very quick and the problem resolved. Because his mother and
mother-in-law heard such good things about this area, they are both
currently visiting the Oversons. He extended a special welcome to
his mother-in-law Mary Long Erickson.
Mr. Neville reminded everyone to exercise their right to vote on
Tuesday.
Mrs. Huff-Menees also encouraged people to vote on Tuesday and
pointed out many races will be decided on Tuesday. She
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congratulated the City on the opening of the new 18-hole Olympic
Course at Gold Mountain.
Mr. Montgomery reported on September 6, 1996, he sent a letter to
President Clinton in reference to the USS Missouri being moved to
Hawaii for its final resting place. His position was clearly
stated opposing such a move and the fact that it would be visited
by only the wealthy, thereby depriving the many hundreds of
thousands of people the opportunity to visit the historical ship.
And, he did not support the idea of bringing the USS IOWA to
Bremerton, since it currently is moored on the east coast. He
doubted he would receive a response from the President. On
Saturday he artended the dedication of the new Crownhill School.
He urged everyone to vote on Tuesday.
Mr. Winters stated he agreed with Mr. Montgomery's letter and
suggested that others write the President. He thanked the
individuals, who contacted him this week, regarding the District #9
Neighborhood Meeting he held at his home on Monday. He urged the
public to please support local fund raising activities. If someone
is not registered to vote, their vote won't count, so the first
step is to register. He is looking forward to meeting lots of
people on the new golf course on Friday.
Mr. Law stated he is convinced the new Gold Mountain Olympic Course
has at least 17 signature holes and undoubtedly the most beautiful
course next to Pebble Beach. District #3 will hold a Neighborhood
Meeting on September 17, at the Senior Center, 7:00 P.M., with
Police Chief Paul DuFresne as the guest speaker. The Manette
Merchants Flea Market will be held on September 15, 1-5 PM.
MAYOR'S REPORT
Mayor Lynn Hotton extended an open invitation to the opening
ceremony for the new golf course on Friday, 12:00 noon.
Mayor Horton issued the following Proclamations:
(1) September 16, 1996, Gold Star Parents And Gold Star Wives
Remembrance Day, which was accepted by Nancy Lowan, President of
Veterans of Foreign Wars Ladies Auxiliary. Bob Sauter emphasized
the men and women who died fought for our right to vote and if it
were not for their sacrifice we would not have that right. He
urged people to register to vote.
(2) September 20, 1996, Prisoner of War And Missing In Action
Remembrance Day, which was accepted by Bob Sauter, who announced he
will read this Proclamation on MIA Day in Olympia at the Capital
Campus - September 20, 10:00 AM.
PUBLIC RECOGNITION
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Shirley Howerton, Bremerton resident, stated she and her sister-in-
law purchased flower pots for the Front Street businesses...they
built them and planted them; however, last night half of them
disappeared. She questioned the City's authority to set time
limits in special marked Handicap parking spaces in front of City
Hall. She also questioned if the residents of Bremerton would have
the opportunity to vote on any revitalization or re-development of
the downtown area? President Law assured Ms. Howerton she would
receive a response to her questions.
Don Larson, President Washington Scuba Alliance, reminded Council
and the public of the Sinclair Inlet Clean-up & Marine Fair to be
held September 21, 11:00 AM - 2:00 PM., at the First Street Dock.
He also requested the City to plan for a future underwater park by
including it in the City's Capital Improvement Plan.
Karen Willjams spoke about the Constitution Day event - September
15, 1:30 P.M., at the Bayview Inn, sponsored by the Martin Luther
King Jr. Scholarship Fund.
Linda Kroum, YWCA A.L.I.V.E. Program, talked about the YWCA Week
Without Violence October 6 -12.
Richard Chrisinger expressed his support for keeping the USS
Missouri in Bremerton. He announced a Dedication Ceremony for the
WWII Memorial will be held on October 3, 1996, in Olympia. Model
#22 was selected for the memorial. He also urged members of the
public to vote.
Charlie Brown, Bremerton resident, stated a noise problem involving
a parking lot sweeper is an on going problem in his neighborhood;
however, he believes the City is trying to work through the
problem. He feels if Bremerton can't have the USS Missouri it
should be anchored in Tokyo Bay. He brought up the August 2nd
Sinclair Landing Association/Fletcher Wright sponsored event at
McCormick Woods and was trying to under stand why this
organization, who is in place to either redevelop or revitalize
downtown Bremerton, would hold a social event outside the City of
Bremerton. He could think of two places in Bremerton to hold such
an event - the Turner Joy or on the boardwalk. He also believes
the SLA Board should have an open meeting, at the boardwalk, and
invite the public to view the presentation material and allow
public comment.
eordV Byrd encouraged citizens to vote on Election Day. He also
his appreciation of the Fire Department Paramedic Service's quick
response to assist him with a medical emergency.
De1 Knauss expressed concern that Councilman Montgomery publicly
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read a letter addressed to Mr. Knauss without getting Mr. Knauss's
permission. He referenced a recent Value Engineering Study that
addressed making Burwell and 6th Street, possibly llth Street and
Callow Avenue one-way, and removing parking on Callow. He felt
strongly that Council should stick to their previous decision to
not go to a one-way couplet involving Burwell, 6th Street and
Callow Avenue. He questioned why is the City paying one consultant
to review another consultant? He believes the push for one-way
streets is coming from the developers of the Sinclair Landing
project. He emphasized we can't do something detrimental to the
residential neighborhoods to save downtown Bremerton. Also, if
Callow Avenue is made one-way and if parking is removed from that
area, it will kill the Callow Avenue Business District. Someone on
the City Council needs to tell the Mayor and consultants "we are
done studying, we took a vote it is over." He announced he would
personally make copies of the information he obtained regarding
this issue and distribute it to residents and Callow Avenue
businesses.
Don Atkinson, KITZ, reported following negotiations with West Sound
Access Television they will be doing a simultaneous broadcast on
election night and will be originating from TCI.
Elizabeth Buell, Bremerton resident, was pleased to hear residents
of Kitsap County will have the opportunity to get election results
via radio or TV. She supports Del Knauss's concern about Council
giving reconsideration to the one-way couplet proposal. Recently,
she made a call to CENCOM about lights being left on at Lions Field
at 2:00 A.M., and someone responded quickly call and extinguished
the lights.
7A - THREE YEAR CONTRACT EXTENSION FOR UNIFORM AND LAUNDRY
SERVICES, #AB96-200
The City entered into a three (3) year contract with Superior Linen
Services to provide uniform rental and laundry services on July 1,
1993. Service is provided to the City's Public Works employees.
Staff review of product and services provided by the contractor
reflects that it is in the best interests of the City to extend the
contract for an additional three year period. The contractor has
agreed to maintain current pricing through the extension period and
to add two additional products consistent with current contract
pricing.
Public comment - none.
M/S/C/U(Montgomery/Huff-Menees) to approve a three year extension
for uniform rental and laundry services provided by Superior Linen
Service.
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8A - ORDINANCE NO. 4568 (8ECOND READING) AMENDING THE 1996 BUDGET
(BUDGET ADJUSTMENTS #96-13, AND #96-15 THROUGH ~96-26), ::AB96-196
Public comment - none.
M/S/C/U(Farr/MontgomerY) to pass Ordinance No. 4568 on second
reading, amending Ordinance No. 4552 relating to the budget of the
City of Bremerton for Fiscal Year 1996.
8B - ORDINANCE NO. 4569 (SECOND READING); AND RESOLUTION NO. 2558,
ACKNOWLEDGING A REVISED EMPLOYEE EXPENSES REIMBURSEMENT POLICY,
#AB96-197
Public comment - none.
M/S/C(Huff-Menees/Montgomery) to pass Ordinance No. 4569 on second
reading, repealing Section 3 of Ordinance #4374;
Vote on motion: In Favor: Huff-Menees, Montgomery, Neville, Farr,
Colvin, Winters
Motion carried.
Opposed:
Overson, McConne11, Law
M/S/C/U(Montgomery/Huff-Menees)to approve Resolution No. 2558,
acknowledging a revised Employee Reimbursement policy.
8C - ORDINANCE (FIRST READING) GETTING ADDITIONAL COMPENSATION FOR
COUNCIL AND COUNCIL PRESIDENT, #AB96-201
The proposed ordinance increases the salary of council members by
$2,190.00 per year, and the council member appointed by the City
Council as Council President by $100.00 per month as compensation
for additional responsibilities enumerated in the Council Rules and
Procedures. An annual cost of living adjustment is included
beginning January 1, 1997.
Article XI, Section 8 of the Washington Constitution prohibits an
increase in the salary of any county, city, town, or municipal
officer after his election, or during his term of office. The
increase approved in this ordinance can be paid only to council
members filling the next term for each district council seat,
beginning for some in 1998, and extending to all council positions
in 2000. This ordinance is inoperative as.to incumbent council
members during their present terms of office.
President Law stated he was requested by Council members to allow
them to make comments prior to opening the discussion to the
public.
M/S/C(Montgomery/Overson) to table this item until after the
November election.
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Vote on motion: In Favor:
Motion carried.
Opposed:
Overson, McConnell, Colvin,
Montgomery, Huff-Menees, Neville,
Law
Winters, Farr
9A - RESOLUTION NO. 2559, REVISIONS TO CITY CHARTER, #AB96-199
The revised Charter removes redundant and inconsistent language,
updates the current language to reflect changes in state law, such
as the election of the municipal court judge, and clarifies a
number of ambiguous passages. A second emphasis is to remove the
majority of references to administrative organization, including
position titles and duties of officers and employees. A summary of
substantive changes is attached as a cover sheet to the draft.
The first hearing will provide an opportunity for public input and
incorporation of changes to the draft. A resolution referring the
revised charter to the November general election will be considered
the following week.
President Law explained this is an extension of the hearing held at
the September 4th City Council meeting. At that hearing, one
action was taken to accept the revised edited Charter. Following
that action, several changes were presented to the Council, which
were included in the Agenda packet and identified as "PROPOSED
ALTERNATE SECTIONS". He asked the City Attorney to identify the
minor corrections that need to be made to the proposed Charter.
Ian Sievers, City Attorney, referenced his late submittal of
Section 8 to reflect what was in the Charter at the September 4th
hearing, which was a written down version of what he read on the
record about compensation for Council members going to the vote of
the people. In the alternate section, which followed the Charter,
he revised what he read on the record to reflect the fact that even
if it goes to an Initiative measure, the people cannot decrease a
salary of a sitting Council member or the Judge. That is a
different version of sending it to the vote of the people. He also
submitted some additional draft language reflecting different
interpretations for Special Elections under Section 10, as to when
that Special Election would be held to fill positions on the City
Council if more than four became vacant at one time. The current
interpretation would call for a Special election that would
coincide with the Municipal General Election. He believes it was
the intent of those working on Section 10 that the election would
be sooner than that simply because there are so many positions
vacant. He provided two options: (1) hold a Special Election each
year at the General Election; (2) have a Special Election on the
mid-year election dates. He was not aware of any other corrections
or omissions to the proposed charter.
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President Law asked if anyone in the audience believed that any
segment approved at the September 4th Council meeting is not
incorporated in the proposed Charter? Andv ParVpa, Bremerton
resident, recommended a change to ARTICLE VIII, Section 35 -
deleting the word "Charter" and replace it with the word "section",
based on the fact that Sections 49, 50 and 51 were struck out
thereby deleting reference to an ordinance being submitted to the
qualified electors for amending an ordinance initiated or referred.
Mr. Sievers stated there is still an Initiative and Referendum
process in the Charter. Mr. PazTpa pointed out not in the "smooth"
copy. Mr. Sievers noted it was contained in Section 36. Mr.
Sievers recommended changing the word "Charter" to "section".
Mr. Colvin questioned if it would be in order to make a motion to
table this item because there seems to be so many questions still
unanswered? Mr. Overson emphasized there was not a lot of
confusion. Mr. Sievers stated he did not think a tabling motion was
necessary and he did under stand Mr. Parypa's point on the section
in question. The current Charter has three lengthy sections
explaining the process whereas the proposed Charger shortens that
discussion with the reference to State law, which outlines the
details of that process.
President Law announced with the one change recommended by Mr.
Parypa, Council accepts the preliminary Charter, which is now open
for comment by the City Council members.
Mr. McConne11 stated he was not sure of the public's awareness of
the proposed alternate sections. President Law pointed out that
information was provided in the Agenda packet, which was available
for public review. He asked if anyone in the audience wanted the
alterative proposals for various sections read out loud or desired
an opportunity to view them. The response from the audience was to
just read the titles. Kathleen McCluskey, City Clerk, read the
following: Council Conflict Of Position, Sec. 6, three insertion
options; Council Compensation, Sec. 8(1), three replacement
options; Mayor Pro Tem, Sec. 11(1) and (2), replacement option;
Civil Service Status of Chiefs, Sec. 31(3), replacement option;
Disposal of Utility Assets, Sec. 29, new subsections (2) and (3)
option; Age requirements for Boards and Commissions unless excepted
by Ordinance, Sec. 34, replacement option.
Mayor Lynn Hotton stated for the most part she felt the proposed
Charter was a fairly well written document and she reminded Council
the intention of this document is a clean up of the existing
Charter so that it is workable and understandable. She commended
Larry Stone, Andy Parypa and the Ian Sievers for the good job they
did in developing the document. She stressed this is not a new
issue and over the past three years there has been much discussion
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about revising the Charter, and the over riding principal was to
get a good Charter that was readable and understandable. In that
vain, she had comments that had to do with some of the
recommendations made at the September 4th Council meeting.
On the issue of Council Compensation - she recommended that a
Citizens Commission be formed to make a recommendation to Council
for adoption by the City Council with the same provisions, by
Washington State law, that it would not take affect for the Council
members until they had a new election. That way, the citizens
would be reviewing Council's compensation and making a citizens'
recommendation rather than putting the issue on the Ballot. She
was doubtful that anyone would approve a salary increase at any
point of time and it was only fair that periodically Council
salaries are increased. When she served as City Council President
she spent more in long distance telephone bills then the
compensation she received.
In regard to the Mayor Pro Tem issue, Mayor Horton's only concern
is that the Council President be the Pro Tem for continuity of
power based on the fact that, as the President, that person is the
most knowledgeable person on City issues on the City Council. If
Council desired to have a position, i.e. protocol where they assume
the Mayor's position for ceremonial purposes, she would could
support that as well.
Under the issue of Civil Service for Police and Fire, she is
strongly in favor of exempting the Fire Chief and Police Chief from
Civil Service. If the Mayor is the responsible entity to oversee
the Fire and Police Departments, she does not believe it is fair to
saddle those positions with Civil Service requirements. If a Fire
Chief or Police Chief end up being someone who needs to be removed,
the Mayor needs the authority to remove them quickly and the Civil
Service process can be very long and convoluted. Currently, the
Police and Fire Chiefs waive their Civil Service rights prior to
accepting the position. An extensive Job Assessment was conducted
for the employment of the City's current Police Chief and she would
have liked to participate in that function because there were some
questions that she wanted to address at the point of interview, but
she was not allowed because it was conduced under Civil Service
rules.
Lastly, on the issue of disposal of watershed and Utility property,
over the last several years the City has purchased, sold and traded
many pieces of watershed property. Those actions were taken in
order to secure the watershed; and some City property was deemed no
longer necessary for the long term benefit of the Water Utility.
And, if each time you proposed to place such action on a Ballot,
you will seriously hamstring the Utility. If the Utility was in a
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condition of experiencing serious problems, maybe then she'd
consider such action.
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However, Bremerton has one of the premier water systems in the
Nation and one of the few systems State-wide that is not required
to have water filtration, which is a clear indication that the City
Administration and City Council are good stewards of the Water
Utility and Council can make a decision on their own as to what to
keep and what to surplus. She believes it is critical for the
Council to keep that control. The same thing goes to the super
majority vote for disposal of Utility land - situations come up
where a quick decision is needed and having a requirement for a
super majority vote of the City Council would delay prudent action.
She urged Council to approve the proposed Charter for placement on
the Ballot.
John Thomas, Bremerton resident, supported the proposed option for
Section 6, Council Conflict of Position - no person shall be
eligible for the potion of Council member while holding any other
elective public office or otherwise employed by the City. In
regard to Council's compensation, he made the following
recommendation: "Council member compensation shall increase each
year (effective October 1) at the same percentage rate as the
lowest bargaining unit percentage rate increase. In the event of
City employee lay offs generated by budget limitations, the annual
increase shall be waived for the Mayor, Council members, and City
Management staff employees." He was opposed to the option to form
a Commission made up of citizens, which would be named by the Mayor
and confirmed for the City Council. Regarding Section 11 - Pro
Tempore Appointment, he supported retaining the current process for
electing a Mayor Pro Tem from within the Council as a separate
responsiblity than that performed by the City Council President.
Regarding Article IV, Section 21, he felt the language was
confusing as to who could remove the City Attorney. His position
on Article V, Section 19 Disposal Of Utility Assets is as follows:
"Nothing in this Charter shall be construed to permit the City of
Bremerton to sell all or any portion of the real property now owned
or hereafter acquired for water supply DUrDOSeS generally known as
watershed, whether or not currently used for water supply purposes,
unless a question of such proposed sale shall have been first
submitted to the qualified electors of the City by a majority plus
one of the Council at a municipal general or special election and
assented to by sixty percent of said electors voting on such
question." He believes that control should be extended to cover
the sale of all City real property, not just watershed properties
and the condemnation of any real property for any City purpose
(fire stations, office facilities, parks, parking lots, police
stations, streets/street improvements, etc.), including any utility
purpose. Lastly, Mr. Thomas stated his support of including the
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Police Chief and Fire Chief under Civil Service protection.
Charlie Brown, Bremerton resident, stated he agreed with Mayor
Horton on the issue of retaining the Fire Chief and Police Chief as
at-will employees. In regard to compensation for the City Council
and other elected officials, he supported the proposal to have any
pay raises approved by the voters. By doing that, the citizens
will determine if the elected officials are doing a good job.
Emily Moshay, Bremerton resident, stated her support to have a
Citizen Commission make recommendations for future pay raises for
the elected officials of the City.
Del Knauss, Bremerton resident, stated pay raises for elected
officials should be by the vote of the people. In regard to the
sale of watershed property, he felt the protection of that land is
crucial and should be supported in the Charter. He also supports
putting the Fire Chief and Police Chief under the protection of
Civil Service.
Roy McGinnis, Bremerton resident, stated his support to have
Bremerton's elected official's compensation approved by the vote of
the people. In no way did he favor the appointment of a commission
by the Mayor to recommend Council's pay raises. He felt strongly
that if there is a deserving reason, the citizens will support an
increase for the Council. In regard to the sale of watershed
property, he felt comfortable with the current Council and Mayor,
but he was not comfortable about actions that may be taken by
future Councils and/or Mayors regarding disposal of utility land.
The citizens need something in writing to control the upcoming
elected officials.
Gene Sampler, Director of Public Works and Utilities, stated he
believed Mayor Horton presented some very strong arguments against
limiting the sale or disposal of Utility land upon voter approval.
It is important to recognize that the Utility has a fiduciary
ability to act in the best interest of the Utility, which may not
be in the best interest of all residents for other purposes. The
Water Utility has a strict responsibility to the purpose of
supplying water and to manage the assets of the Utility in a
prescribed manner. He does not believe that submitting to the vote
of the people decisions relative to disposition of assets is in the
best interest of the City Utility as a water purveyor. He
appreciates the concern that people have about the Union River
watershed and shares that concern. If one looks at the
acquisitions of the Utility over the years, the watershed is
essentially protected by Utility owned land or land owned by the
Department Of Natural Resources, which cooperates with the City in
managing those properties. He believes it is important to not
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overly restrict the Utility's ability to manage those assets. He
also believes too make an assumption that all purchases in the past
have been good decisions is an error. Utility properties have
been disposed of in the past that have not been of any value to the
Utility and good actions were taken in disposing of such sites.
He, as the Manager of the Utility, trusts the City Council to
confirm or deny any recommendations that they feel are not serving
the best interest of the Utility. City Council members are elected
by the constituents for specific purposes, and they serve as the
Board Of Directors for the Utility and should continue to operate
in that manner. He noted the Utility's Land Management Plan is
nearly complete and is an indication of how serious the Utility is
about management, and that Plan will provide for a sound basis for
decision making for all Utility assets.
Del Knauss stated as a spokesperson for the Land Management Plan,
the Citizens Committee for the Plan is proposing an ordinance that
includes agreement with the Suquamish Tribe, Silverdale Water
District, and Kitsap County Health District. The only difference
between that ordinance and what is being proposed here to protect
Utility assets is the requirement for a 9-0 vote of the City
Council to surplus any watershed land. He suggested Council
consider the requirement of a 9-0 vote, which would bring about the
same effect as that proposed by the Citizens Advisory Committee.
President Law noted an alternate has been suggested for the section
dealing with disposal of Utility land. Mr. Sievers stated for
clarification Mr. Knauss's suggestion would identify a 9-0 vote by
Council; however if a vote came in less than 9-0 it would then have
to be approved by the ballot method. For further clarification the
section would read as follows: "Nothing in this Charter shall be
construed to permit the City of Bremerton to sell all or any
portion of any of the real property now owned or hereafter acquired
for waters supply purposes generally known as watersheds, whether
or not currently used for water supply purposes, unless a question
of such proposed sale shall have be approved by a unanimous vote of
the entire Council membership or first submitted to the ~ualified
electors of the City by a majority vote." President Law identified
the statement just read as Alternate #4 for Section 29.
Andy Parypa stated he was in some agreement with Mayor Horton on
the issue of the Fire and Police Chiefs being under Civil Service,
but he wanted to clear up a misconception about how long it takes
to fire someone under Civil Service. Based on his past work
history, if the supervisor, Department Head or manager properly
documented inappropriate actions by the civil servant they could be
terminated in a very timely manner. He does fear the possibility
of pressure being placed on the people having enforcement power for
Fire Codes. If the enforcement officials are muzzled or micro
managed, and they are not protected by Civil Service, we'll have a
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lot of buildings that will not meet Fire Codes, and such conditions
already exist.
Charlie Brown stated he worked 29 years in the Federal service and
has had occasion to fire people, but it does take a lot of time to
gather the data/information and to dismiss the individual at the
senior management level. In many instances the process for
termination is so involved that the choice was made to transfer an
individual to another department instead of trying to fire them
outright. He suggested leaving the Fire and Police Chiefs as at-
will employees of the Mayor, but in order to dismiss them it would
take a majority vote of the City Council. Mayor Horton stated if
she as Mayor is the responsible entity for the administration of
the City, then she should have the ability to terminate Department
Heads at-will without confirmation from the City Council or having
to go under the Civil Service process. There has not been a time
when she has come before Council notifying them of her proposed
actions relating to dismissal of a Department Head where they
disagreed with her actions, but by the same token, if Council
overrides that firing and she is stuck with someone she does not
want, that would make her job much more difficult.
Ida Mae Cooper, Bremerton resident, stated she supports the
proposal to keep the Police and Fire Chiefs under Civil Service in
order to give them some protection and not allow them to become
puppets for the Mayor. She agreed with the earlier suggestion that
the Mayor be required to come to the Council stating the problem
and then requiring the majority vote of the City Council for
dismissal.
Gene Sampley, Director of Public Works and Utilities, referenced
Section 29, option (2)- Disposal of Assets, and pointed out the
recommendation that disposal of lands not required for water supply
purposes having to go before the voters flies directly into the
face of the Utility's responsiblity to manage for water supply
purposes, which he views as an important aspect.
Mr. Winters stated this issue is very important and he thanked all
of the individuals who provided input during this discussion. He
noted for the record that no one from District #9 was either in the
audience or had called him prior to this meeting to give their
input on this issue.
Kathleen McCluskey, City Clerk, read into the record the three
options for COUNCIL CONFLICT OF POSITION, Section 6. Mr. 8ievers
stated for clarification the title used for all three options would
be the same and the highlighted portion under (2) and (3) are
simply an alternate portion that is highlighted in (1).
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M/S/C(Overson/Montgomery) that Council support Option (1), which
contains both (2) and (3).
Section 56 - Election - Term of Qualifications:
No person shall be eligible for election to any City Office, unless
he is a citizen of the United States and has resided in Bremerton
for at least one year preceding election, except the Municipal
Judge, who need only be a citizen and reside in Kitsap County and
licensed to practice law in the State of Washington. No person
shall be eligible for the position of Council member while holding
any other elective public office or otherwise employed by the City.
Candidates for Council must also be residents of their respective
districts at the time of filing.
Mr. Farr asked Council to closely consider this and not be overly
restrictive, specifically that a Council member cannot hold another
elected office would prohibit someone from serving on the School
Board at the same time serving on the City Council. He believes
the law governing conflicts of interest is enough and being more
restrictive could eliminate some good civic minded people, but hold
other offices that are not in conflict with the City Council.
Therefore, he supports option (3).
Mr. Overson pointed out there are probably 1,000+ registered voters
in each of the nine Council Districts and he believes out of that
someone could be found to run for a City Council position that does
not hold another elected office.
Vote on Motion: In Favor:
Opposed:
Motion carried.
Colvin, McConnell, Overson, Neville
Huff-Menees, Winters, Law, Montgomery
Farr
Mrs. McCluskey read the three options - I, II, III, under COUNCIL
COMPENSATION SEC. 8(1).
Mr. Montgomer7 stated his support for Option III based on the fact
he believes no elected official should be given a pay raise unless
it was voted on by the people.
Mr. Winters acknowledged his taking into consideration the opinions
of those who spoke before Council on this issue. Those individuals
may not agree with the way he votes, but he wanted it to be clear
that he gave serious consideration to their input.
Mrs. Huff-Menees challenged some of the speakers over the fact that
many are or were employees of the Federal Government and their
salaries were paid by the public and their salaries were not
subject to decision based upon the public, who do not have a clear
understanding of what the job is or what it requires the individual
#1513
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Page 14 of 31
to do to accomplish that work. She does not support elected
official salaries being subject to the vote of the people. There
isn't any jurisdiction in Kitsap County or as far as she knows in
the State where public officials' salaries are subject to a vote of
the people. She finds it difficult to believe that'members of the
public would be willing to allow thousands of people to make a
decision about their salary without having an understanding of what
they do in that position. She also pointed out it is a fact that
the electorate is never fully informed about the issues being voted
on, and for that reason she believes that subjects such as salaries
need to be determined by people who have made a close and thorough
study of the responsibilities, what is required to carry out that
work and only then is someone capable of making a decision what is
adequate pay for that work.
Mr. Farr acknowledged that for most public officials it is somewhat
embarrassing to talk about their compensation and that someone
should not go into politics for the money. What he has found,
issues or candidates are passed in the ballot box somewhat based on
someone championing that issue or an individual. He questioned who
would champion this cause? An issue that does not have a supporter
won't pass. He believes this is a very short sighted approach and
would result in the City Council being manned by only retired
individuals. Many people would like the opportunity to serve, but
this job involves a lot of time and many people would like a little
compensation to make up for the time they devote to the job that
they could have been gainfully employed doing something else; and
it may give some younger people the incentive to run for elected
office. He pointed out in the last City election of the four
Council positions up for election, his position was the only one
opposed. He suspects because the job entails long hours and low
pay has something to do with the lack of Council positions being
challenged. Another option for the people wishing to doom Council
positions to low pay, is to donate their salary to their favorite
charity, return it to the City and let the public know that is what
they have done. He learned two years ago that the City of Port
Orchard's City Council, who meet half as frequently as this
Council, receives $7,200 per year and this Council with twice the
meetings or more receive $6,000 per year. He doubted that the
public would pass a raise for the City Council.
M/S/C(Farr/McConnell) to accept Option II:
The compensation of the Mayor and Municipal Judge shall be fixed by
ordinance. Council salary shall be set by a commission appointed
by the Mayor, using the language from the City of Vancouver Council
Compensation Ordinance as identified by the City Attorney.
Mr- Montgomer]F stated he became a Council member to serve the
community, not because of the salary he would receive. He again
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Page 15 of 31
voiced his position on the issue...let the voters decide.
Mr. Winters stated he took the time to check records at the Kitsap
County Court House and learned that information submitted in 1993
reflected Council members' salaries as follows: City of Bremerton
$6,000 per year; City of Port Orchard $2,880 per year; City of
Poulsbo $1,500 per year; Bainbridge Island $2,400 per year; and
Kitsap County Commissioners' salary data $61,630.
Mr. Colvin stated he agreed with Councilman Farr that not a lot of
people are actively pursuing City Council positions. He believed
that other Cities around the Puget Sound area pay their City
Council members more than what the Bremerton City Council receives
as a salary. He personally will not benefit from a salary
increase; however he believes Council deserves a raise, which the
voters do not really understand.
Mrs. Huff-Menees stated in terms of the make up of the City
Council, it is an unfortunate fact that there are only three
current Council members that were opposed in their last election
and everyone else ran unopposed. She spent 16 years as a single
mother raising two sons and working. Had she wanted to take an
office such as this, she would not have been able to because of the
time involvement. The current City Council does not represent the
make up of the population of the City. Five members of this
Council are retired, who do a great job, nevertheless they are
retired, and there is only one woman on the Council and only one
minority. The only way to make that more equitable and elect a
Council and provide the people with a choice who they elect to
represent them, is by making it a position that is respected enough
to pay a decent wage so someone that does have to work part time or
full time would be able to serve in this capacity. She pointed out
young parents are not represented on the Council nor are there
enough minorities represented, which is a factor of what the work
pays yet the work is critically important.
Mr. McConne11 asked if more specific language should be stated in
the motion identifying the use of a Commission appointed by the
Mayor to recommend a salary increase for the City Council? Mr.
Slevers stated Option II is modeled after the Vancouver,
Washington, ordinance and is a rather innovative approach. It is
the only City that has adopted a Commission. Commissions are a
method of surveying what is an appropriate salary level, but the
real leap of faith in their Charter amendment is that there is
actual legislation that becomes effective by Commission action.
Commission members are not elected, but they actually pass this
legislation being an ordinance that affects Council's salary. That
ordinance is subject to a popular referendum. It may be a great
idea and he was not commenting either way, but given the state of
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Page 16 of 31
the law it is an iffy proposition whether or not it could be done
in the Charter. The Vancouver Charter text, if you have read the
Constitutional amendment, models exactly the State Salary
Commission that affects State offices. Such action is fine since
there is an amendment to the Constitution that allows that
Commission to set salaries for those offices. There is not a
similar inclusion of that method for setting salaries for local
offices. The Constitution does not give much guidance on setting
salaries for local offices other than Article 30 Section 1, which
is the topic of you can increase your own salary for those local
offices that do set their own salary. But, it does not say how it
is to be enacted. The Constitution does say you can't conflict
with the general law. There are two statutes that seem to address
salary RCW 35.22.200 and RCW 35.22.205, which is probably the worst
example of drafting legislation because they have a direct
conflict. Section 35.22.200 states the legislative powers of a
City and it goes on to say that a Charter can determine elective
officers duties and can dictate what those officers will receive as
compensation. The very next section states the compensation and
the time to be devoted to the performance of the duties of the
Mayor and elected officials of all cities of the First Class shall
be fixed by ordinance of said City irrespective of any City Charter
provision. The City of Vancouver attorneys used a narrow rule of
statutory construction and said the first one was adopted slightly
later than the second one. Mr. Sievers believes it is iffy because
the first section does allow some compensation be prescribed by
Charter, and compensation probably means an amount of money, but
probably did not intend to make this fundamental change in how
legislation is passed. It did not say you could have some
mechanism for setting compensation other than an ordinance, other
than the Council or direct initiative ordinance. Municipal
Research does not believe Vancouver's actions are supportable, but
as of this date there has been no challenge. He did get the
impression from the Vancouver attorneys that there was such strong
support for the formation of the Commission by their Charter
Revision Committee that they decided to assume the risk. He
emphasized by pointing out the shaky legal grounds it is not to say
it isn't a good idea and maybe the State Legislature should allow
it in the statutes and declare the conflict within the two
statutes.
Mr. Sievers agreed with Mr. McConnell that more language needed to
be added to the motion and would probably want to include wording
that follows the State Salary Commission...appointed by the Mayor,
but confirmed by the City Council and a referendum procedure for
the Salary Ordinance that is being created by the Commission, which
he felt was a good idea. To be on the safest grounds possible, he
suggested including all of the applicable language included in the
Vancouver Ordinance
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Mr. Overson stated his support of the motion as stated.
Mr. Sievers pointed out a significant change from the short version
to the long version... Vancouver's version uses the Commission for
the Mayor's salary as well, but Council's short version was
directed just towards the Council's salary.
Vote on motion:
Motion carried.
In Favor:
Opposed:
Huff-Menees, Farr, Neville, Overson,
McConnell, Colvin
Montgomery, Winters, Law
Mrs. McCluskeV read
REPLACEMENT OPTION
MAYOR PRO TEM SECTION 11(1) AND (2)
Ian Sievers, City Attorney, stated the option is language currently
in the Charter and the only change was its placement in the
reorganized section and split it into two subsections.
Mrs. ~uff-Menees stated having served as City Council President and
knowing the level of involvement required with that responsiblity,
she agreed with Mayor Horton's statement that the Council President
is the person most fully informed on the Council. In no way was
she saying that to demean any performance by any other Council
members, but the President is more directly involved with the Mayor
and what is going on in the City. Her recommendation is to leave
this section as it stands currently. It is hoped that all Council
members are well informed, but the City Council President has an
involvement and a work load that is very different from other
members of the Council.
Mr. Winters stated he has served three years as Mayor Pro Tem and
finds it to be very enlightening, but at the same time he agrees
with the Mayor the most informed person is the Council President,
not the Mayor Pro Tem. That saddens him because the duties of the
Mayor Pro Tem are outlined in the Charter; however he was not kept
informed by the Mayor. He is withdrawing his suggested
recommendation for this section and he believes every Council
member should be equally informed by the Mayor through the City
Council Office. He noted Mr. Thomas had approached him with the
comment that the Mayor Pro Tem position should stay; however, he
was not supporting that recommendation.
M/S/F(McConnell/Winters) Within the first ninety days of each
year, the Council members shall, by majority vote, designate one of
their number, or any qualified registered voter of the City of
Bremerton, as Mayor Pro Tempore to serve in the absence or
disability of the Mayor.
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The Mayor Pro Tempore shall hold office at the pleasure of the
Council, and performall the duties of the Mayor, except that Mayor
Pro Tempore may only remove department heads of the City of
Bremerton after the Mayor has been absent from his position as
Mayor for thirty consecutive days, in which event the Mayor Pro
Tempore may remove department heads of the City of Bremerton with
the approval of the Council.
Vote on Motion: In Favor: Montgomery, Winters
Opposed: Huff-Menees, Farr, Neville, Overson,
McConnell, Colvin, Law
Motion failed.
Mayor Pro Tempore statement in the Charter will remain.
Mrs. McCluskey read the option for CIVIL SERVICE STATUS OF CHIEFS,
SEC. 31(3).
Mrs. Huff-Menees stated she does not support the option and
believes the Mayor, as Chief Executive of the City, has to have
total authority over the Department Heads and doing anything less
than that is hamstringing the Mayor. Several people have stated
there has not been a circumstance in this administration or any
recent administrations where it has been an issue. The Mayor has
made good decisions about Department Heads and several members of
the City Council have stated "if it isn't broken, don't fix it",
which she believes is one of those situations.
Mr. McConne11 pointed out the City's current Charter has the Police
and Fire Chiefs under Civil Service; however State law was enacted
that allowed cities to take them out of Civil Service, if they
volunteer to waive that right and put them under contract. While
it may be difficult to get rid of someone under Civil Service, he
did not believe it was that difficult based on his personal
experience. He felt it would be more costly if the City had to buy
out a contract rather than go through the procedure of firing
through the Civil Service process.
Mr. Overson stated this was not an easy issue and there is benefit
to both sides. He pointed out there have been a couple of votes
with the voting public wherein they strongly supported the present
system of government, which is tantamount to strong support of the
Mayor's independence to carry out her job. He believes it is
necessary to put it in the Charter so that the constituents
understand that the Mayor they elect has the power and
responsiblity to carry out the job. Things should not be placed in
the Charter that dilute that authority and/or responsiblity.
Mr. Winters stated several people in the audience stated their
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support to keep the Police and Fire Chiefs under Civil Service.
Council is asked to make important decisions and if Council is not
informed of the utmost importance and truth from those Department
Heads with the protection of Civil Service, then in his opinion
Council is not completely serving the public to the best of their
ability.
Mr. Neville stated his support of keeping the Fire and Police
Chiefs under Civil Service. He has seen the benefits on both sides
of the issue, but feels strongly the Police and Fire Chiefs' main
concern is the public safety of each and every citizen of Bremerton
and to have them answer only to the Mayor could be an injustice to
the well being of the 40,000+ citizens. It has been stated that it
takes time to remove them from their positions; however to him time
equals to accountability of the Department Head and through
accountability they have to have constant evaluations, which is a
good thing. If the Mayor keeps up with the evaluations of the
personnel, their performance should be well documented.
Mr. Farr stated he worked several years under Civil Service, but
City Government is somewhat miniature of the Federal Government and
the analogy would be the Mayor being a Chief Executive and her
relationship to the Fire and Police Chiefs is that of Cabinet
Officials, who are not elected and they can be dismissed at the
request of the President. He believes those in upper management, in
exchange for privileges and a higher salary structure, accept added
responsibility and may lose some of the security they may have had.
He concurred with Mr. Overson's position that the Police and Fire
Chiefs not be placed under Civil Service.
Mr. Montgomery stated based on his past experience working under
Civil Service, he is not in favor of Civil Service and cannot
support placement of the Fire and Police Chiefs under Civil
Service.
President Law stated the City is fortunate to have a very good
Mayor that communicates, which is a positive aspect that has not
always been to the benefit of the Council. However, he believes
the Police and Fire Chiefs need an independence of influence by
some future Mayor over issues of public safety. Therefore, he is
in favor of keeping them under Civil Service.
Mr. McConnell expressed his desire to not have any undue pressure
placed on the Fire and Police Chiefs by the Mayor, as had been the
case under a previous Mayor.
TAPE #1407
#0034 M/S/C(McConnell/Winters) to accept the replacement option -
#0202
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Page 20 of 31
All full paid employees of the Fire and Police Departments of the
City shall be included under the provisions of this Article, and
all existing provisions of State Law pertaining to such employees
shall be substantially complied with by the Commission. All other
full time employees shall be included under the provisions of this
Article unless excluded in Section 33.
Mrs. Huff-Menees emphasized any person elected to serve as chief
executive of this city needs to have the ability to make
determinations about their Department Heads, whether that means
hiring or firing.
Vote on Motion:
Motion carried.
In Favor:
Opposed:
Neville, McConnell, Colvin, Winters,
Law
Huff-Menees, Farr, Overson, Montgomery
Mrs. Mccluskey read the options for DISPOSAL OF UTILITY ASSETS,
SEC. 29.
Mr. McConne11 stated he agreed with Mr. Knauss's recommendation to
have a 9-0 vote for disposal of property and if Council could not
agree with a 9-0 vote, then it would go before the voters.
M/S/F(McConnell/Colvin) to accept option (2) with the modification
as recommended by Mr. Knauss: Nothing in this Charter shall be
construed to permit the City of Bremerton to sell all or any
portion of any of the real property now owned or hereafter acquired
for water supply purposes generally knows as watersheds, whether or
not currently used for water supply purposes, unless a question of
such proposed sale shall be approved by a 9-0 vote of the entire
Council or first submitted to the qualified electors of the City by
a majority plus one of the Council at a municipal general or
special election and assented to by sixty percent of said electors
voting on such question.
Mr. Montgomery disagreed with the motion as stated because the City
Council, as elected officials, were voted into office to take on
that responsibility. He believes this issue became a primary
concern by some individuals when the City Council approved the sale
of some watershed property located in the Anderson Hill area. No
one has been able to convince him that Council did anything to
jeopardize the City's water source through that prior action.
Mr. Farr stated there are already checks and balances in place with
the management of the Utility and issues before Council and
requiring a majority plus one vote was adequate for further
protection.
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Mr. Colvln asked if a majority plus one vote as opposed to 9-0 vote
was still subject to the same kind of lawsuit? Mr. Sievers stated
no, this is a way that would allow action for disposal without
having to place it on a ballot and Council can determine the super
majority in the Charter...either a majority plus one or a simple
majority or a unanimous vote. Mr. Colvin stated he believes
Council is elected to make decisions and supported the method using
a super majority vote of the Council.
Mr. Neville stated he researched the number parcels sold verses the
number of parcels acquired over the last seven years and there has
been a significant increase in acquired land over that time frame.
The Utility management staff is very professional in over seeing
the City's watershed. He supports the majority plus vote of the
City Council.
Vote on motion:
Motion failed.
In Favor:
Opposed:
McConnell, Winters, Law
Neville, Overson, Farr, Colvin,
Montgomery, Huff-Menees,
#0417
M/S/C(Colvin/Winters) to option 2 using a majority plus one vote
of the Council: Nothing in this Charter shall be construed to
permit the City of Bremerton to sell all or any portion of any of
the real property now owned or hereafter acquired for water supply
purposes generally known as watersheds, whether or not currently
used for water supply purposes, unless a question of such proposed
sale shall be approved by a 6-3 vote of the entire Council to pass
it at the Council level or by a 6-3 vote of the Council to submit
it to the qualified electors of the City at a municipal general or
special election and assented to by sixty percent of said electors
voting on such question.
President Law raised some question as to the clarity of the motion
and what it would actually accomplish, Mr. Sievers stated Council
has the option to make a simple majority vote for the sale of
watershed property and a super majority to sent the issue to the
voters.
Mr. Winters stated he believed the confusion was coming from the
prior failed motion and asked that it be revisited as to content.
Mr. Sievers explained the failed motion identified a 9-0 vote of
the Council or first submitted to the qualified electors of the
City by majority plus one vote of the Council. Therefore, the only
change to that earlier motion would be substituting the 9-0 vote
with a 6-3 vote to pass at the Council level and the decision would
be final and not have to go to the voters.
#0603
#0714
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Mr. Farr withdrew his second of the motion because the way he
desire the sale of Utility lands is simply by a majority vote.
Mr. Winters seconded Mr. Colvin's motion.
Mr. McConnell urged the Council to vote "NO" on this motion and
recommended a motion be made that identifies a simple majority vote
by the City Council to dispose of Utility assets.
Vote on motion:
Motion carried.
In Favor:
Opposed:
Neville, McConne11, Colvin, Winters,
Law
Overson, Montgomery, Huff-Menees,
Farr
M/S/C(Huff-Menees/Farr) to accept option #3: The City shall not
sell, lease or dispose of any utility lands, systems or parts
thereof essential to continued effective utility service, unless
and until such disposal is approved by a majority plus one vote of
Council.
Vote on motion:
In Favor: Winters, Huff-Menees, Farr, Neville Law
McConnell, Colvin
Opposed: Montgomery, Overson
Motion carried.
Mrs. McCluskey read replacement option for Section 34 - Age
requirement for Boards and Commission.
M/S/C/(Montgomery/Winters) to accept replacement option: The Mayor
shall appoint all boards, commissions and committees established by
ordinance or charter, except the Audit Committee, with Council
confirmation as required by ordinance. All members of boards,
commissions and committees established by ordinance or charter
shall be residents of the City for at least one year prior to
appointment and eighteen years of age, unless otherwise provided by
ordinance. Any member of a board, commission and committee
established by ordinance or charter who is not a resident of the
City at the time this provision takes effect shall serve out the
balance of the term for which appointed.
Vote on motion:
Motion carried.
In Favor:
Opposed:
Winters, Montgomery, Farr, Law,
McConnell, Overson, Neville, Colvin
Huff-Menees
#0923
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Mr. Sievers asked for Council's thoughts on the handout he provided
them on the issue of "Special Election". The language in the
current Charter calls for a Special Election if more than a quorum
of the Council is vacant at one time. He believes the thought for
calling a Special Election to fill the positions was to have it
happen quickly. The language in the draft Charter calls for the
next available Special Election. Under State law for elected
positions it would only be the next available General Municipal
Election. He has provided two options: Option 1 would give
language that refers to the next available Special Election for
Partisan offices. That would be the off year for Municipal
Elections, which would allow it to occur at the next General
Election, so it would occur the next year. Option 2 simply adds a
subsection to Section 10 and specifies what is meant by a "Special
Election" and states that available Special Election referred to in
this section includes any date permitted under RCW 29.13.020, which
is the section that sets all the mid-year Special Elections
available to the City, and it goes on to say the date for filing
and primaries are calculated as if that was a Special or General
Election. He emphasized Council can choose one of the two options
or to retain the current draft language that would only make those
Special Elections happen at the time of the normal Municipal
General Election (every other year).
Mrs. Huff-Menees asked if Council chose any General Election
following an appointment, would that not then require, if one was
in the middle of a term, that person to run for election again in
a subsequent year when the term was up? Mr. Sievers stated yes.
Mr. Neville stated he felt Council should take action on this issue
based on the legal advice from the City Attorney. The problems
identified included that an election would take place during a
partisan office election. He pointed out the disadvantage of a
Special Election costing the City additional dollars; therefore he
supported Option #1. Mr. Sievers passed on to Council the County
Auditor's recommendation that to go to the mid year Special
Elections for an act of electing an office would be a great
disparity in practice and might be confusing to the voters.
M/S/C/U(Neville/Colvin) to accept Option #1 for Section 10.
"If at any time the membership of Council is reduced below a
quorum, the remaining members, if any, shall appoint the requisite
number of qualified persons to create a quorum who will appoint
qualified persons to fill the remaining vacancies. The appointees
shall serve until persons are elected to serve the remainder of the
unexpired terms at the next available special election for partisan
offices unless there is an earlier available general election. If
no Council members remain, the Mayor shall appoint qualified
persons to temporarily fill the vacancies. The appointees shall
#1213
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Page 24 of 31
serve until persons are elected to fill the remainder of the
unexpired terms at the next available special election for partisan
offices unless there is an earlier available general section.
Mrs. McCluskey pointed out Council needed to take action, by
Resolution, to place the proposed Charter on the ballot.
Mr. Overson asked how in the future will Council know that the
final amended version of the proposed charter will be the version
published in Ballot. Mr. Sievers stated he would provided Council
President Law a draft showing all of the amendments as approved by
the City Council. Mr. Overson asked how will the final formed
Charter be identified? Mr. Slevers stated it would be the one
attached to the Resolution and marked EXHIBIT A. President Law
asked that the marked up version of the Charter with the lines
through and under the changes would then become part of Council's
Consent Agenda for the September 18 Council meeting. This will
require the City Attorney's Office to have it ready for publishing
by noon on September 13, which will give each Council member an
opportunity to review the document and provide an opportunity to
make correction of any error that might be found prior to
submitting it to the County Election Department. Mr. Overson
stressed the importance of marking the final document with a date
or special mark setting it apart from other drafts. He asked if
such an identification could be made prior to it being placed ont
he September 18 Agenda? Mr. Sievers stated he would see that each
page of the document is dated 9-11-96.
Mr. Montgomery felt the voters should be provided a "smooth" copy
of the proposed Charter.
Mr. Farr asked if there is a mandatory form required for placement
on the ballot? Mr. Sievers stated it he believed it is necessary
to show amendments in the Title, and he was unsure about printing
both the current Charter and proposed Charter in the ballot. Mr.
Farr stated since the voters would be voting on accepting or
rejecting the changes, wouldn't a summary of the changes be
sufficient? Mr. Sievers explained the Voters Pamphlet will include
a summary of the changes.
M/S/C(McConnell/Colvin) to adopt Resolution No. 2559, setting forth
the amendments to the City Charter for submission to the Qualified
Voters of the City for approval or rejection at the General
Election to be held November 5, 1996. to Ballot.
Vote on motion:
Motion carried.
In favor:
Opposed:
Winters, Huff-Menees, Farr, Law,
Neville, McConnell, Colvin, Overson
Montgomery
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President Law announced Council will be accepting names of
individuals within the public, who are willing to serve on the Pro
and Con Committees, which are required to prepare pro and con
statements for the ballot, at the City Council Office by noon on
September 13.
10A - PUBLIC HEARING; AND ORDINANCE (FIRST READING) TO CONSIDERAND
ADOPT AMENDMENTS TO THE BREMERTON COMPREHENSIVE PLAN, #AB96-202
The Comprehensive Plan may be amended only once each year.
Proposed amendments to the Plan are collected during the year and
processed as a package during the spring and summer. The Planning
Commission reviewed and held public hearings on all proposed
amendments and has recommended City Council approval. The
amendments were submitted to state agencies in late June for a
mandatory 60-day review. Any comments received will be considered
prior to adoption of the proposed amendments. The Harrison
District Plan is also a Plan Amendment, but because of its
complexity, it will be considered at a separate public hearing and
adopted by separate ordinance.
Ron Hough, Planning Manager, stated this is the conclusion of a
five month process in updating the City's new Comprehensive Plan,
which was adopted in April 1995, and readopted in February 1996,
following the Growth Management hearings. The Growth Management
Act requires that proposed amendments be docketed throughout the
year and then processed all of the amendments at the same time
comprising one massive Comprehensive Plan Amendment. The required
State review of the proposed amendments has been completed and no
comments were received from any State agency; therefore, the City
is assuming the plan is accepted as presented. All of the
recommendations are coming to Council with the recommendation of
APPROVAL from the Planning Commission.
There are six plan amendments...Pope Resources, Harrison District,
Sciepko Annexation; Capital Facilities (citywide), Smith Cove and
Arvon Park, which are minor amendments and not controversial. Mr.
Hough briefly reviewed the 13 State Planning Goals identified for
each of the amendments.
The Pope Resources Plan Amendment - 270 acres located near
Pendergast Regional Park, which was proposed for a Planned Unit
Development and approved to start that process several years ago.
Pope is in the process of planning that PUD, which is a mixed use
PUD with a variety of densities including some industrial park
areas. In April 1996, Pope presented another proposal wanting to
expand the industrial park area that ties in nicely with the
property to the north (National Guard Armory), which is also
designed Industrial Park. The other proposal was to add some
medium density residential on the opposite side of their
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development. This corresponds with some initial plans that are
being developed, which have not come to the City for approval, but
includes a variety of housing types, including some single family
attached housing, which was not allowed in the low density zones
before the Zoning amendments were approved 1-2 months ago.
Therefore, the proposal is to add the medium density and increase
the industrial park to about 60 acres rather than 27.
Sciepko Annexation Area Amendment located east of Gorst, involves
an area that was annexed to the City. When the annexation went
before the Boundary Review Board, they suggested that several
properties be added in order to square off the annexation area.
The City followed the Boundary Review Board's directive and at the
last minutes those properties were annexed into the City, also
under the Industrial Park category, with the understanding the area
will be reviewed later, which has been done. Those added
properties are currently either undeveloped, large acreage or have
one or two single family residents. The slopes are fairly steep
along the freeway (Hwy. 16) and most of the properties are heavily
wooded with steep slopes that are probably not suitable for the
Industrial Park type of uses up on the plateau, so rather than
create non-conformities out of the existing homes, the
recommendation is to change them back to Low Density Residential
and a rezone action will be coming along later to change the zoning
as well.
South Smith Cove and Evergreen Park Amendment - the City adopted a
Master Plan for Evergreen Park, which included the extension of the
park south around Smith Cove including an area that was designated
Mixed Use. In order to develop Evergreen Park consistent with the
Plan, there needs to be a change to the plan to show the expansion
of the park. A zoning designation change will come later to change
the Mixed Use (MU) to Parks & Schools (PS). The zoning changes
should be almost automatic and should be before Council in 1-2
months.
Arvon Park Amendment - this site is a small park, ,approximately
1/4 acre, in West Bremerton on Arvon Street just north of 15th
Street. The City acquired this parcel in 1995 and developed it
into a neighborhood park, which now need s to be placed in the
Parks designation on the Comprehensive Plan and zone it Parks &
Schools (PS).
Mr. Neville asked if a portion of the Pope Resources request will
come back before Council at a later time? Mr. Hough explained
there were two proposals that went through the Planning Commission.
When Pope applied for their Comprehensive Plan Amendment, they
needed to do it one way because at that time there was zoning that
did not allow Low Density attached dwellings. In order to build
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Low Density attached dwellings they would have had to go to a
higher density zone, like a Multi-family Zone and the only way they
could do that was to get a Medium Designation on the Comprehensive
Plan. In the process, two options were proposed to the Planning
Commission in case the Planning Commission and Council did not
approve the Zoning amendments that would allow Low Density attached
dwellings; however, the zoning was amended to allow Low Density
Attached.
Ida Mae Cooper, Bremerton Resident, stated she made extensive
comments on the Harrison District Plan and at that time, she was
told she would receive a revised, corrected copy; however, she
never received a copy. She questioned how does she review
something she hasn't received? She questioned if the City was
doing the same thing with people in other areas affected by the
proposed amendments? She emphasized the only recourse the public
has when property is being rezoned is to come before the City
Council on a one-to-one basis. Mr. Huff identified specific maps in
the Agenda Packet that reflect the amendments as presented as well
as the two options presented for the Pope Resource Amendment. In
response to Mrs. Cooper's concern over not receiving a copy of the
Harrison District Plan, copies are available through the Planning
Office. Kay Wilson, Planner, apologized to Mrs. Cooper and assured
her and anyone from the public interested in receiving a copy of
the plan that they can either pick up one from the Planning
Department or request that they be mailed directly to them.
David Cunningham, Pope Resources, stated this particular action on
the Comprehensive Plan Amendment is the third of four the City
required in 1990. Council may recall the City had the choice of
gaining control of all the land uses in the watershed or building
a very expensive water filtration plant in 1989-90. Pope Resources
owned a lot of land in the watershed and they agreed to exchange
that land for other City owned land. As a result of that, there
were some timber, land and cash exchanged between the City and Pope
Resources to make it a fair trade. That is how they acquired the
270 acres located next to the Pendergast Regional Park. At the
point where they acquired the land, the Forest Management
designation was changed to a mix of single family, multi-family and
industrial. Then, in 1992 came the harvest of the timber and at
that time the City looked at some of the wetlands and steep slopes,
creek and wild life and had a lot of thoughts about how the timber
on that site should be managed, as did Pope for the economic value
in the timber. As a result, they actually had Jack Allingham, a
City Planner, work with their foresters on the ground to make sure
that logging practices respected those environmental conditions.
The site now has some cleared areas, which will be developed for
building and there is a tremendous amount of open space. The third
step of the process is this Comprehensive Plan Amendment, which
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provides a very solid policy basis for them to bring in the real
detailed PUD plan for City approval, which is step #4. Of the 270
acres, 150 acres will be left for open space and the remainder will
be built out. They have worked with the Parks Department and
Utilities Department to interface to make sure the utilities are
being put in as necessary and they paid their share of those costs.
Their approach typically is not to do a project and force it into
a City or County Comprehensive Plan or Zoning Ordinance...they
would rather do it another way and in this case it has taken them
six years. He urged Council to support the Comprehensive Plan
Amendments. He complimented the City on their process for making
Comprehensive Plan Amendments and cited their orderliness,
understandable and as clean as any he has seen.
Kay Wilson, Planner, quoted from a State publication about Growth
Management as follows: "One of the most important, Vet least
understood, parts of a comprehensive plan is the capital facilities
plan or element. In many ways, capital facilities planning is the
essence of Growth management, since only through effective use of
the capital facility Dlanning process can growth management deliver
on its promise of reducing the costs of unplanned development. A
good capital facility plan requires matching the amount of
facilities that can be financed with the amount of development that
will be allowed." Bremerton is proud that its capital facilities
element was listed in that same newsletter as one of the best in
the State. No comments were received from the State agencies at
the conclusion of their 60 day review period and the City is taking
that to mean they are comfortable with the changes made.
The capital facilities element is one of five Comprehensive Plan
elements required by the Growth Management Act and the City's
capital facilities element is separated into two parts in order to
make it easy to upgrade on an annual basis. While the other
elements of the Comprehensive Plan need only be updated once every
five years or sooner if desired, the capital facilities element
needs to be updated every year due to State law that cities and
counties shall perform their activities and make capital budget
decisions in conformity with their Comprehensive Plan. This means
for the City to spend money on roads, sewers, water and other city
facilities such actions need to be consistent with the City's
Comprehensive Plan. In order do this and since there is an annual
Budget update, we need to update the capital facilities element
also. This plan provides a process, which is being utilized for
the first time this year and found that it worked quite well for
the first time and anticipate it working even better in future
years. The process starts off with the land use element of the
plan and whatever that says generates the need for more or less
capital facilities in any part of the city. The capital facilities
element must implement the land use element. Once those elements
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are adopted, each of the City departments that provide capital
facilities goes through a planning exercise, which is not
necessarily done once a year...sewer and water plans are adopted
once every several years. The recommendations of those plans are
summarized in the Capital facilities Program. The annual Budget
must reflect the end results of the Six-Year Plan process for the
capital facilities element.
Ms. Wilson pointed out there is one section of the capital
facilities element that will change automatically, but is not
included in the Agenda packet... CF-l'Capital Facility Level Of
service Standards - Long Term (out of Part I), a summary of the
level of services that are adopted in Part II. This table shows
which ones will change as recommended. The Fire Department is
recommending a change in the way they measure level of service for
emergency medical to reflect a more accurate figure. Because they
learned they need to measure response time differently than how it
was determined a year ago, they need to up the level of service
from 4 minutes to 5 minutes for "basic life support". The Parks'
level of service changed as a function of arithmetic, which means
what we are trying to do is within the Six Year Plan make the
numbers work. The Parks Department plans to add 13 acres to the
Parks system over the next six years, which is not a change over
1995's figures. All of the Parks' level of service numbers change
somewhat but is more a rearranging the categories of the parks.
The capital facilities element is required to include an Inventory
of Facilities and Ms Wilson used an example of the Parks inventory
where three new parks were added that were not anticipated at the
time the Comprehensive Plan was adopted...McKenzie Basketball
Court, Puget Power Park and an unnamed park (Arvon). By adding
those acreage into the number of neighborhood parks, the total
figure has changed.
An example of how the level of service shows up for each type of
facility is the level of service for fire protection changing
because the definition of level of service is being changed to
reflect actual figures. Up until now, the City's level of service
for Fire was 4.7 minutes response time. The Fire Department has
now recommended that the measure be response time for both
emergency and non-emergency calls because it is not practical to
separate out the two kinds of calls. The City's current level of
service measured in this way is 5.44 minutes response time. The
Fire Department is recommending we not change the proposed level of
service, but to try and bring that down to 5 minutes.
The other factor that goes into determining what the needs are for
facilities is the Population forecast and the graph provided shows
that it is expected the population of Bremerton to continue to grow
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at a gradual rates similar to the rate it is grown over the past
10-15 years. But, after some point in time that growth rate would
increase dramatically as growth management kicks in. Until Kitsap
County adopts policies that direct more growth into urban areas, we
don't expect to see a change in the City's current level of growth.
Level of service and population forecast are two parts of the
formula that helps us to arrive at what our projected needs are for
capital facilities.
The plan requires that a map showing existing and proposed
facilities be included.
An example of how future needs are calculated using the population
forecast and level of service, which in the case of parks is the
number of acres per capita are we going to try to provide, is to
compare that with the current acres available and that shows
whether there is a surplus or deficiency of park acres. The Park
Plan that was adopted in December 1995 indicates 13 more acres will
be added to the City's park inventory over the next 5-6 years.
Using this level of service, it shows that if we do add' 20,000
people to the City by the year 2012, which is our current target,
we will be deficient 286 acres of parks if we want to main this
level of service. But, the city is only committed in the capital
facilities element to address the first six years.
The bottom line in the capital facilities element is the six year
funding plan that shows we must list funding sources, the projects
and how much money will be spent in each of the next six years
starting with the current year and what that total will be. In
this case the Parks Department is showing there is a surplus of
expected funds of $427,000. These numbers are consistent with what
is in the Capital Improvement Program. Finally, if 13 new park
acres are added in the form of Evergreen Park Expansion (1/2 acre)
and 12 1/2 acres of other acreage, this will satisfy our self-
determined requirement.
Regrettably, time ran out to update "Schools", "Stormwater",
"Transportation', and "Water sections. The good news is that the
State did not comment on those sections not being updated and it
was staff's conclusion that the City started ahead of most of the
cities and counties in the State and even though not everything was
updated, we're still ahead of most other places. The second point
is that because the City adopted its Capital Improvement Program,
we have simply lifted the Budget Sheets and Budget Summary sheets
out of that program and added them to the capital facilities
element in the form of an addenda, which she believes will cover
what is needed.
Public comment - none.
#3177
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Mr. MontgomerlFcomplimented Kay Wilson and Ron Hough for a job well
done.
M/S/C/U(Montgomery/Colvin) to approve ordinance on first reading,
adopting 1996 amendments to the Bremerton Comprehensive Plan.
President Law thanked the TV camera crew for their services:
Stephanie James, Erin Daniels, Debbie Harris, Aaron Williams and
David Saunders.
with no further business meeting adjourned at 10:12 P.M..
~ L.~McC~ity
KATHLEEN Clerk
JO~E. LAW, Council President
City of Bremerton
KLM/JL/me
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