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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. TAPE #1396 City Council Reg. Mtg. Minutes July 31, 1996 Page 2 of 12 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 TAPE #1396 City Council Reg. Mtg. Minutes July 31, 1996 Page 3 of 12 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 TAPE #1396 City Council Reg. Mtg. Minutes July 31, 1996 Page 4 of 12 #0629 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 TAPE #1396 City Council Reg. Mtg. Minutes July 31, 1996 Page 5 of 12 #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 TAPE #1396 City Council Reg. Mtg. Minutes July 31, 1996 Page 6 of 12 #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 TAPE #1396 City Council Reg. Mtg. Minutes July 31, 1996 Page 7 of 12 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 TAPE #1396 City Council Reg. Mtg. Minutes July 31, 1996 Page 8 of 12 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 TAPE #1396 City Council Reg. Mtg. Minutes July 31, 1996 Page 9 of 12 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 TAPE #1396 City Council Reg. Mtg. Minutes July 31, 1996 Page 10 of 12 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 TAPE #1396 City Council Reg. Mtg. Minutes July 31, 1996 Page 11 of 12 #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. TAPE #1396 City Council Reg. Mtg. Minutes July 31, 1996 Page 12 of 12 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 cc: Normal Distribution File/Vault