HomeMy WebLinkAbout07/31/96TAPE #1396
COUNCIL
APPROVED
AUG 14 1996
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
JULY 31, 1996
#0032
#0048
The regular meeting of the City Council of the City of Bremerton
was called to order in the City Council Chambers, 239 4th Street,
Bremerton, Washington, Wednesday, July 31, 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 Earl Echols of
Sinclair Missionary Baptist Church.
President Law made the following announcements:
(1) Council will hold a Study Session immediately following the
Council meeting to discuss "Gorst Sewer Area Study";
(2) City Council Study Session and Executive Session on August 5,
1996, 5:30 - 7:00 P.M., in the Council Conference Room. Topics to
be discussed: "Sinclair Land Association Update" and "Contract
Negotiations";
(3) City Council Study Session on August 14, 1996, immediately
following the Council meeting, in the Council Conference Room to
discuss "Housing Rehabilitation Loan Program".
CONSENT AGENDA
A. Minutes - July 17, 1996
#AB96-161
M/S/C/U(Neville/Montgomery) to approve 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.
M/S/C(Colvin/Montgomery) on July 31, 1996, the Council does approve
for payment those vouchers included and further described as
follows: EFT3781, 199988, 200000 - 200204 in the amount of
$308,522.14; and Retiree's Payroll for the period ending 7/31/96 in
the amount of $95,634.92.
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July 31, 1996
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Vote On Motion:
Motion carried.
In Favor:
Abstain:
Winters, Montgomery, Huff-Menees,
Farr, Overson, McConnell, Law, Colvin
Neville
COUNCIL MEMBER REPORTS
Mr. Winters encouraged members of the public to read the newspaper
article in today's SUN newspaper regarding weeds in our local lakes
because the article identifies the problems and the need to correct
them. He announced Kitsap Lake Neighborhood Association's next
meeting is August 1, 6:30 - 8:00 P.M., at Bremerton Fire Station
#2. The topics to be addressed at that meeting will include
"boating & lake use" and "lake weeds".
Mr. Montgomery reported on Tuesday he attended the opening of the
new transitional housing, at the foot of Broadway Avenue, which he
found to be well designed, well built, and fits in nicely with the
surrounding neighborhood.
Mr. McConne11 gave the following status report: (1) the abatement
process has been started on an abandoned trailer house on Ivy Road;
(2) the resident on Wright Avenue, where it appears wrecked autos
from destruction derbies are being worked on is being reviewed by
the City; and (3) the City is working on ways to correct the
problem of parking lot sweeping noise, however, they are having
difficulty making contact with the person doing the sweeping. He
thanked Don Pratt, Director of Community Development, for his
prompt reaction to citizen complaints.
Mr. Colvin was pleased to report that the vegetation at the
intersection of Sylvan Way and Pine Road was removed the morning
after he reported the problem. He thanked Mayor Horton for the
quick response. The next District #1 Neighborhood meeting will be
held September 19, 1996, 7:00 P.M., at the Sheridan Park Recreation
Center. Wayne Olsen will be the Master Of Ceremonies at that
meeting.
Mr. Law announced District #3 will not hold a neighborhood meeting
in August; and the next scheduled meeting is September 17, 7:00
P.M., at the Senior Center. At the previous Council meeting, two
citizens asked questions, which have been responded to by the
Administration.
MAYOR,S REPORT
Mayor Lynn Hotton referenced an article in today's SUN newspaper
which indicated the conclusion to the investigation of the incident
at Evergreen Park between members of the public and Police
personnel. She feels that Chief Du Fresne conducted a thorough
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investigation that involved contacting many of the participants in
that confrontation as well as people who witnessed the incident.
The conclusion that was drawn was there were no racial slurs and no
one was hit by a Police vehicle, but from a certain vantage point,
it may have looked like there was contact between a person and the
vehicle. The Police did use mace to contain the crowd that was
surging toward the officers. Chief Du Fresne ascertained the
Police Officers reacted as calmly and professionally as possible
under the circumstances. If there is further information that
speaks against what Chief Du Fresne has found, that will be
reviewed as well. She expressed her appreciation of the rest of
the African-American population in the community for their
restraint of any public display in response to the newspaper
article's interpretation of what took place during that incident.
The investigation report is open for public viewing at her office
or the Community Resource Office located in the 245 4th Street
Building.
Mayor Horton introduced Bob Battin, Bremerton Central Lions Club
Coordinator for the City's Sister City Program with Kure, Japan.
Bob Battin introduced the Kure exchange students and their host
families: Michiyo Kimura hosted by Franci and Paul Ferguson;
Yoshiko Kikugawa hosted by Ron and Soni McKiernan; Yukiko Yamashiro
hosted by Tony and Michelle Cardell.
PUBLIC RECOGNITION
John Thomas stated he believed Council's recent action to delete an
Employment Application Fee for all applicants except for Police and
Fire was discriminatory and he intended to write to the Department
Of Labor to look into the matter.
Carol Atkinson, Bremerton Main Street Association, talked about the
successful concerts on the boardwalk and gave a special "thank you"
to the sponsors of the concerts.
7A - REAPPOINTMENT OF MITCHELLE HONORE' TO THE CIVIL SERVICE
COMMISSION, #AB96-162
The term of Mitchelle Honore' on the Civil Service Commission is
about to expire. It is recommended she be reappointed to the
Commission.
Mayor Horton reviewed Mitchelle's involvement in the community, her
employment with Washington Employment Security, and the fact that
she has dealt very successfully with issues before the Civil
Service Commission over the last several months while serving as
Chairman. Mayor Horton also believes Mitchelle has been fair and
open in her decisions, and in presiding over the Civil Service
Commission. The Mayor is requesting Council to reappoint Mitchelle
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to another term as Civil Service officer.
Public comment - none.
Mrs. Huff-Menees thanked Ms. Honore' for her term of service and
her willingness to serve another term, and endorses her
reappointment.
Mr. Overson stated the position of Civil Service Commissioner is
probably one of the most demanding of all the appointments in the
City. He further stated the work of Ms. Honore has been quite
admirable, and the City is fortunate to have quality individuals
like her assisting the City. He also endorses her reappointment.
M/S/C/U(Colvin/Montgomery) to confirm the reappointment of
Mitchelle Honore' to the Civil Service Commission.
7B - PURCHASE OF CUES PRO SCOUT COLOR CAMERA AND ACCESSORIES,
#AB96-163
The Department of Public Works & Utilities Sewer/Stormwater
Division has a need for equipment to inspect and record conditions
in small diameter sewer and stormwater lines. The new equipment
has to be compatible with the existing sewer inspection equipment
being used by the Division to inspect larger sewer and stormwater
lines. On July 2, 1996, a meeting was held and a quote was
obtained from Pacific Utility Equipment for a Cues Pro Scout PS1
Color Camera and related accessories (please see attached
"Equipment to be Furnished" list).
The City's existing sewer inspection equipment is manufactured by
Cues, and Pacific Utility Equipment is the sole supplier of Cues
equipment. The Cues equipment has been proven to be very reliable
and fulfills our requirements.
Wayne Hamilton, Utility Operations Manager, explained with the
purchase of the Cues Pro Scout Color camera it will allow the
Utility to facilitate the viewing of smaller utility lines, which
cannot be accessed with current equipment.
Public comment - none.
Mr. Montgomery stated having seem similar equipment in action, he
could see why the City needs such equipment, which will reduce the
need to dig up utility lines.
Mr. Overson asked if the proposed equipment will be used daily?
Mr. Hamilton explained each year various parts of the City are
targeted for use of the equipment in charting utility lines. The
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#0749
#0874
Engineering Department has also requested such services and it
allow the Utility to determine if any repair or upgrading needs to
be done to a section of utility lines prior to a street
construction project.
M/S/C/U(Montgomery/Colvin) to authorize and direct the Mayor to
execute the contract for the purchase of Cues Pro Scout PS1 color
camera and accessories from Pacific Utility Equipment Company, a
single source supplier, for $11,800, subject to City Administrative
Policies & Procedures.
7C - BUDGET ADJUSTMENT, INCREASE IN DCD GRANT 1996 POLICE BUDGET,
#AB96-164
Department of Community Development funding for this year was
increased over the amount used during budget preparation. This
amendment corrects for this additional funding and moves the
spending authority to the correct expenditure lines in the Police
Department Budget. The funds must still be spent in accordance to
the Grant requirements.
Police Chief Paul Du Fresne stated this proposal is a "housekeeping
item" requested by the City Treasurer to make sure the spending
authority is up to the limit of the grant itself, and to place the
funds in the proper line accounting.
Public comment - none.
M/S/C/U(Colvin/Montgomery) to approve the budget adjustment.
8A - ORDINANCE NO. 4562 (SECOND READING) AMENDING B.M.C. CHAPTERS
2.76.100, 2.76.200, 2.76.300, 2.76.600 FOR PROCUREMENT OF
MATERIALS, EOUIPMENT, AND SERVICES, #AB96-159
Public comment - none.
Mr. Farr pointed out he would vote no on this proposal, as he did
at first reading of the ordinance, based on the possibility the
City could lose the advantage of competitive bids.
President Law stated based on his past experience with competitive
negotiation, he feels strongly that it is to the City's advantage
to have the flexibility to seek out those vendors that have the
strengths needed for procurement of equipment for the City. And,
he believes such a procedure will save the taxpayers money. Mr.
Farr reminded President Law that at the time of his experiences, he
was on the opposite side of the client relationship.
Mr. Winters noted at first reading of the ordinance he stated he
hoped this process would be approved, and that someday it could be
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#0917
used for construction contracts, which could possibly reduce the
number of change orders, thereby saving the taxpayers more dollars.
M/S/C(Montgomery/Colvin) to pass Ordinance No. 4562 on second
reading, revising procedures for the procurement of materials,
equipment, and services by the City of Bremerton, and amending
Chapter 2.76,100, 2.76.200, 2.76,300, and 2.76.600 of the Bremerton
Municipal Code.
Vote on motion:
Motion carried.
In Favor:
Opposed:
Overson, McConnell, Colvin, Winters,
Montgomery, Huff-Menees, Neville, Law
Farr
8B - ORDINANCE (FIRST READING) AMENDING THE SIZE OF PLANNING
COMMISSION FROM 9 TO 7, #AB96-165
The Bremerton Planning Commission has approved Resolution No. 01-96
which calls for a decrease Commission membership from 9 to 7
members. The resolution also requests term expiration dates to be
individualized for each member.
Don Pratt, Director Of Community Development, stated the size of
the Planning Commission is established by a City ordinance and is
currently nine members. Earlier this year, the Planning Commission
adopted a Resolution asking the City Council to consider reducing
the size of the Commission from nine to seven members. The
Resolution was based on reasoning that they had found that internal
procedures of public debate, presentation of a broad range of views
flourished with only seven members. He pointed up parks of 1995
and 1996 the Commission has functioned with only seven members and
they prefer the dynamics of the Commission with seven members over
nine members. For part of the time, the Commission has operated
with seven members. They requested the Mayor not to appoint the
remaining two vacancies until this issue was resolved. Also
included in the Resolution is requiring the administration to make
sense out of staggered terms when the Commission is reduced from
nine to seven members. The staggered terms will be set in place as
people are appointed to vacancies and current Commissioners will
not find their terms significantly changed.
Public comment - none.
Mr. Overson stated this is a mixed issue, and he understands the
interest in the efficiency of processing, but on the other side, as
you reduce the size of the Commission you reduce the numbers of
Bremerton residents who participate in government. Such action
would reduce the broad base perspective of the Commission. He
believes the process is richer as a result of having the nine
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members.
Mr. Colvin asked how many cities the size of Bremerton have nine or
seven Commission members? Mr. Pratt stated he did not know,
however, he was not aware of any Planning Commissions with nine or
more than nine. Mr. Colvin asked Mr. Pratt's opinion of the
statement that the efficiency of the Planning Commission would be
greater with the reduced number of Commissioners? Mr. Pratt stated
he is the Executive Secretary for the Planning Commission and wants
to represent to Council the Commission's position on this issue.
The Commission has discussed this proposal at great length and feel
strongly that a presentation of broad range of points of views
flourish with a seven member Commission. Mr. Colvin stated he also
supports the Planning Commission's Resolution.
Mr. MoConnell stated he did not object to reducing the number of
Commissioners to seven. However, he referenced the proposed
ordinance/Section 2.12.010 noting that it reads as if someone
living in New York City, who owns property in Kitsap County or had
remote control of a business, could serve on the Planning
Commission. He asked if he understood that section as printed?
Ian Sievers, City Attorney, stated that is the way it would read as
presented. Mr. MoConnell stated presents a problem to him. The
City Charter calls for members of Boards, Commissions and
Committees to be City residents unless an ordinance specifies a
specific reason for not seating a City resident.
M/S/C(McConnell/Montgomery) to approve ordinance on first reading,
reducing the size of the Bremerton Planning Commission from nine to
seven members, and that members of the Planning Commission be
required to be City residents unless it could not be filled by a
City resident, and amending BMC 2.12.010.
Mr. Overson stated by that action, you may have eliminated some
prominent people, i.e, business owners, who served on the Planning
Commission, though residents of Kitsap County. He understands the
interest of having residents, but again, business owners have a
strong interest in serving the City government. He was not sure he
could support the motion as stated.
Mr. Colvin pointed out the Planning Commission's recommendation has
to do with the size of the Planning Commission, and questioned what
does that have to do with who serves on the Commission? Mr.
8ievers stated it would also have to be contained in this ordinance
that we now allow people other than strictly residents of the City
to serve on the Planning Commission. That is part of the section
being amended, and Mr. McConnell was proposing to make additional
changes to that section. Mr. Pratt stated the Planning Commission
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did not consider the section relating to who can serve on the
Commission. The move that is being made is an amendment to the
recommendation, and probably could be done at first reading of the
ordinance so that wording can be inserted by second reading of the
ordinance.
Mr. Winters questioned could the driving force behind the
recommended change in number of Commissioners be because it is
difficult to find people to serve in those positions? MaYor Hotton
stated she believes the Commission believes they get better
discussion out of a smaller number of Commissioners. She served as
President of a 9-member Council, and she found no problem dealing
with nine members, however, the recommendation before Council is
coming from the Planning Commission members. Mr. Winters asked the
Mayor if she was lacking in applicants to serve on the Planning
Commission? Mayor Hotton stated prior to the time she distributed
information on the Utility billing that the City was looking for
qualified appointees for City boards and commissions, finding
quality applicants was very difficult.
Mr. Farr stated Mr. McConnell was astute in finding the clause that
allows non-residents to serve on the Commission. He pointed out a
lot of stock is put in the Planning Commission, and their
recommendations in the way of the operation of their own
commission. He would like Councilman McConnell to consider letting
the Planning Commission discuss the issue requiring residency to
strictly City residents, and then forward that recommendation on to
the City Council. Mayor Hotton stated that issue was not by the
Commission, and the language in the particular section relating to
who can be appointed to the Commission is existing language in the
ordinance. Mr. Sievers stated that language has been in the
ordinance since 1986. Mayor Hotton noted that possibly due to the
language in the City Charter, that section should be amended. Mr.
Sievers stated no, in fact the qualifier in the Charter change may
be reflected that we have a Planning Commission that could be non-
residents, and maybe some other boards and commissions also. So,
it was to reflect the fact that if it does designate by ordinance
that they need not be residents of the City. Mr. Law asked Mr.
Pratt if anyone currently serving on the Commission is a non-
resident? Mr. Pratt stated no, but there have been Commission
members in the past, who gave great assistance to the City. He
emphasized people do not get on the Planning Commission unless they
are appointed by the Mayor for a good reason and confirmed by a
majority of the City Council.
Mr. McConnell stated he agrees with reducing the Commission to
seven members, but the way the ordinance reads, relating to those
who can be appointed to the Commission, it does not conform to the
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City Charter. If he recalled correctly, the City residency can be
bypassed if there are specific reasons for making such an
appointment. Mr. Pratt stated Mr. McConnell is both correct and
not correct. The Charter specifically allows some ordinances to
deviate from the policy expressed by the ordinance and in this
case, legally and technically, the ordinance over rides the
Charter's policy by specifically allowing non-residents to
participate. However, clearly the policy expressed in the Charter
of having only residents differs from the Planning Commission
Ordinance. He believes the issue before Council is...is that a
valid difference? Are there reasons to have non-residents on the
Planning Commission? The current ordinance assumes there are some
good reasons to do that. Mr. Sievers stated he recalls that it
says they will be City residents unlesso~erwisespecifiedbyordinance. Maybe
the administration is interpreting the term"specified" differently
than Council, who may believe it means a detailed finding of reason
in the ordinance why they aren't City residents. He is
interpreting it to say these are qualifications unless broader
qualifications are stated in an ordinance. He believes the subject
ordinance does that, and if it is passed Council, must have some
good reason in their deliberations of why they would create a
broader class of qualification for membership. Mr. McConnell
pointed out a lot of business owners moved their businesses out of
the City and he, as well as other residents of the City, would not
appreciate some business owner being on the Planning Commission
making decisions and then find greener pastures for their business.
Going back to when the ordinance addressing residency requirements
was first discussed, the citizens had strong feelings that the
committees, boards, and commissions in the City should be City
residents unless there was some specific requirement. And, at that
time he recalled there was a specific requirement on the Bremerton
Housing Authority that required bringing someone on board that did
not live in the City. If the City allows non-City residents to sit
on committees, boards, and commissions, there should be a specific
reason other than just thinking they'll do a good job.
Mr. Overson stated he was concerned that the words "and electors of
Kitsap County" were removed, and questioned why would those words
be deleted? Mr. Sievers stated he was the one who placed the "line
out" across those words, not the Planning Commission. When he
reviewed the ordinance, it became apparent to him that leaving the
words "and electors of Kitsap County" set forth pre-qualifications:
(1) citizenship, which is redundant because it states member must
be citizens of the United States; (2) implies an age requirement -
we've tried to trend away from age requirements, although he was
not sure this was a Commission to have a young person serve on; (3)
residency of Kitsap County - that seemed to be addressed in the
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second part of the same sentence. He was not sure the concern was
to allow someone on the Planning Commission, who was a resident of
Belfair, but not allow someone who was a resident of Gig Harbor.
Mr. Meville pointed out there are checks and balances on the
Planning Commission, such as removal and attendance requirements on
the Commission, which will dismiss a member for malfeasance of
duty, dereliction of duty, non-attendance at meetings and other
good charges that could be brought up by the chair person. However,
he felt Council was getting off the point of the issue. He had no
problem with a seven member Planning Commission or allowing
residents, property owners, or business owners to serve on the
Commission. Mr. McConnell stated he read the section Mr. Neville
referenced, but he did not believe they had anything to do with the
residency issue. His intent is to make it look more like the
requirements in the City Charter and the previously passed
ordinance requiring city residency for appointments to boards,
commissions, and committees.
Mrs. Muff-Menees stressed the City has not suffered any harm in the
past from having the situation as it is today, and the ordinance as
it stands today. She believes the Planning Commission has been
enriched, as has been indicated by Mr. Pratt and others during this
discussion, by having a membership that did include people who were
not residents of the City. Since there isn't any thing broken, she
did not see a need to change it, and in terms of consistency, that
has been addressed by Mr. Sievers.
Mr. Farr stated he could support the change to seven members,
however, he did not want to make any change to the residency
requirement.
Mr. Montgomery stated he believed City business should be conducted
by City people and he will support the motion as it stands.
Mr. Colvin asked for clarification of the motion: Kathleen
McOluskey, City Clerk, stated Mr. McConnell's motion was to require
City residency unless a position cannot be filled by a City
resident. She noted no definition of what "cannot be filled by"
was given. Mr. Oolvin asked how long had the current ordinance
language been effective? Mr. Pratt stated the last amendment to
the current Charter was adopted in 1991 or 1992. Mr. 8ievers
explained an ordinance with the qualifications for Planning
Commission were already in an ordinance at the time the Charter
amendment was passed. Mr. Colvin asked how long has the City had
the amendment to the Charter that allowed Council to accept persons
outside the City limits to serve on the Planning Commission? Mr.
Mievers explained before the Charter was changed in 1991, requiring
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#2215
#2316
a presumption unless an ordinance states otherwise they be
residents, there was no requirement that boards, commissions, and
committee members be residents. That Charter change did not
invalidate this ordinance, which was in effect, and allowed other
people than residents to serve; otherwise the ordinance would have
been immediately invalid upon that Charter change, if it did not
allow an exception to be made by ordinance. Mr. Colvin stated then
such language has been in effect since 1996. He asked Mr. Pratt if
the City experienced any ill effects from that ordinance? Mr.
Pratt stated the Planning Commission has never requested the
removal of any of their members whether or not they were residents,
and he could only assume by that, they were valuable assets.
M(Overson) to amend the motion to remove the statement requiring
residency in the City and to go with the recommended motion of only
changing the number of commission members from 9 to 7 and deleting
the words "and electors of Kitsap County".
Mrs. McOluskey pointed out a parliamentary procedure that Council
already has an amendment before them to require residency, and the
only amendment that can be made to that is to embellish it or add
to it; therefore, Mr. Overson's amendment was not appropriate.
Mr. Neville asked the motion to be read. Mrs. McCluskey stated the
motion is to require City residency unless the vacant position
could not be filled by a City resident. Mr. McConnell stated for
clarification unless the requirements of the position could not be
met by a City resident.
Vote on Motion:
Motion carried.
In Favor:
Opposed:
McConnell, Colvin, Winters, Montgomery,
Overson, Law
Huff-Menees, Farr, Neville
M/S/C(Montgomery/Colvin) to approve the Planning Commission's
recommendation to reduce the Planning Commissionfrom nine to seven
members and to establish individual term expiration dates and
revised terms to match the revised membership.
Vote on motion:
Motion carried.
In Favor:
Opposed:
Colvin, Montgomery, Huff-Menees, Farr,
Neville, Overson, McConnell, Law
Winters
President Law thanked the TV camera crew for their services:
Nadine Price, Mike Pebbles, Dave Noble, and Bruce Hall.
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With no further business meeting adjourned at 6:43 P.M.
KATHLEEN L. M~ty
Clerk
JO~Eq. LAW, Council President
City of Bremerton
KLM/JL/me
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