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HomeMy WebLinkAbout03/06/96TAPE #1363 UNAPPROVED DRAFT COUNCIL APPROVED MAR 27 1996 CITY COUNCIL MEETING MINUTES MARCH 6, 1996 #0076 #0096 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, March 6, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were A1 Colvin, Cecil McConnell, Carlos Montgomery, Sherril Huff-Menees, and Richard Neville. Council members Bob Winters, David Farr, and Lon Overson were absent. Also present were City Attorney Ian Sievers and City Clerk Kathy McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Pastor Ray Streutker. President Law announced an Executive Session in the Council Conference room will be held immediately following the City Council meeting. Topic of discussion will be: "Planning Position to be Taken during Collective Bargaining." CONSENT AGENDA A. Minutes -- February 14, 1996 #AB96-045 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/U(Colvin/Montgomery) on March 6, 1996, the Council does approve for payment those vouchers included and further described as follows: 195470, 195479 through 195482, 195485, and 195508 through 195855 in the amount of $1,453,961.39; and Regular Payroll in the amount of $857,375.40 for the period ending 2/29/96. COUNCIL MEMBER REPORTS Mr. Colvin discussed an article in the Sun by Jim Rothgeb on the topic of scotch broom, and announced he had blank forms for any senior citizen who would like to state their concerns about the problem, or any ideas for a solution. Mr. McConne11 announced the next District 2 Neighborhood Meeting is scheduled for March 12, 1996, at Fire Station No. 3 located at E. 31st Street & Olympus Drive, at 6:30 P.M. Special guest for the evening will be Police Chief Paul Du Fresne, and the two Beat TAPE #1363 City Council Reg. Mtg. Minutes March 6, 1996 Page 2 of 17 Officers for that area. Mrs. Huff-Menees thanked The Sun, Bremerton Mainstreet Association, Bremerton Area Chamber of Commerce, and the Downtown Waterfront Task Force for sponsoring the Downtown Bremerton Image Workshop that took place last Thursday evening in the Washington Mutual Building. The workshop was well attended, and a real success. Ideas were presented by architect Bill Isley on possibilities for downtown revitalization. Mr. Neville reminded the public about the West Narrows Neighborhood Information Network Meeting scheduled for March 12, 7:00 P.M. at the Neighborhood Christian Center at 5th & Warren. Topics to be discussed include the Puget Power Park, and the Sewer Plant Upgrades and Stormwater Program. Mr. Law announced the District 3 Neighborhood Meeting will be held March 19, 7:00 P.M., at the Senior Center. Special Guest will be Randy McGreal from Fletcher Wright to discuss "Downtown Waterfront Development". MAYOR'8 REPORT Mayor Hotton discussed an update of the USS Missouri funding issue which was still "alive" at the Legislature; however, there is a battle between the House and Senate about the source of funding. She introduced Megan Kalsen, City Grant Writer, who gave a presentation on an "Activity Report 1995" which showed loans and grants the City has applied for and those which have actually been funded. Over 30% of the City's 1995 budget was funded through grants and loans, with a total of $4,117,000 in cash received by the City. For 1996 to date, Megan has assisted with 12 applications for more than 6.5 million dollars, and has used 32% of her contract time. A lot of the funding dead lines were brought forward this year because there is very little regional funding coming through the Puget Sound Regional Council, so many state and federal programs have made their deadlines earlier, so her office has been very active. Mr. Neville thanked her for all her hard work, and is hopeful the City can be as successful this year as they were last year. PUBLIC RECOGNITION Gordy Byrd, Bremerton, asked Council members to speak into the microphones because some people have difficulty hearing. He attended the Downtown Bremerton Image Workshop meeting and a voting caucus meeting for his area. Don Atkinson, on behalf of the Homebuilders Association, announced their annual Home Show to be held March 15-17, at the Kitsap Pavilion. TAPE #1363 City Council Reg. Mtg. Minutes March 6, 1996 Page 3 of 17 Ray Streutker, discussed the Kitsap Museum moving to downtown Bremerton on Armed Forces Day, ~and his offer to display his collection of military telephones at the museum during Armed Forces Week. Car01 Atkinson, Bremerton Mainstreet, commented on the successful Downtown Bremerton Image Workshop and thanked all the citizens who attended, and The Sun for helping to put the event together. Emily Moshay - thanked the American Legion Post #149, and several others involved for providing cash, time, supplies, and labor to build the toy storage shed for the KCAP Head Start Program. YWCA Women of Achievement Awards Luncheon - April 30, 1996, 11:30 A.M., at the Kitsap Golf & Country Club. Deadline for nominations has been extended to Friday, March 10. De1 Knauss commented that in his opinion, Councilman Winters had asked some very good questions at the previous Council meeting, however, Mayor Horton's response to those questions was out of line. If the Mayor felt Mr. Winters had done something wrong, she should have discussed it with him in private. He urged the Mayor to use the "Mayor's Report" for her comments, and to stay seated at other times unless invited by Council members to speak on issues. Shirley Green, Merle Norman, - thanked Bremerton Main Street for sponsoring the "Image Workshop. The Swing City Committee's 40's Dance at the Eagles will be on May 15, 8:00 P.M. to 12 midnight. Tickets - $15 per person, and $25 per couple - available at Los Andes Import shop, Make Waves Deli, Washington Mutual, and Bremerton Area Chamber Of Commerce. Charlie Brown - Even without State funding for the U.S.S. Missouri, there is still $4 million coming from Kitsap County and $2 million from the Port of Bremerton, for a total of $6 million. Suggestion - when presentations are made on the Sinclair Landing Project, the presence of Mayor Horton would be beneficial in understanding the public side of the public/private funding and risks involved. Don Larson, Washington Scuba Alliance President - Marine life educational signs will be installed in Evergreen Park (installation materials have been donated by Eagle Hardware). Sinclair Inlet Clean-Up April 20, noon to 3:00 P.M., starting at the First Street Dock. The Army Corp of Engineers will be bringing a large floating crane, and will be open for tours, and the U.S. Coast Guard will bring a 41' patrol boat also available for tours. A Marine Fair will be part of the "Countdown to Earth Day" event. A concern - some of the new garbage cans around down over-flowing, and possibly need to be emptied more frequently. Suggestion - that City TAPE #1363 City Council Reg. Mtg. Minutes March 6, 1996 Page 4 of 17 officials contact the Federal Government to donate a ship for an underwater park to boost the tourism in this area. Andy Par~a, asked Council to correct two statements made at last Wednesdays meeting regarding Ordinance No. 4543 on oversized vehicles. He presented a written statement of his concerns. 7A - EVERGREEN PARK EXPANSION PROJECT -- AMENDMENT NO. i TO PROFESSIONAL SERVICES AGREEMENT WITH FAILURE ANALYSIS ASSOCIATES, INC., #AB96-046 Failure Analysis Associates (FAA), under contract with the City, has completed Phase I investigations of existing conditions of properties within the proposed expansion area of Evergreen Park, and has concluded that the City should proceed to the next phase of project development within the current plan. A Professional Services Agreement (PSA) authorizing funding of Phases I and II of the project was approved by Council effective October 18, 1995. An amendment to the existing PSA is recommended as follows: a) The existing Evergreen Park property'is outside the study area defined in the Scope of Services. It was necessary to include this property in the Phase I study at an additional cost of $5,900. b) Consultant support services are needed in the maximum amount of $27,716 to bring timely closure of remediation issues from the Department of Ecology (Ecology) so that Phase I development of Evergreen Park planned for this year can proceed in parallel with remediation efforts in the remaining park expansion area. c) Authorize completion of the original Scope of Services in the amount of $183,206. This work is required to complete the remedial investigation and feasibility study which will define the remediation plan to be approved by Ecology. Notice to proceed with work included in this item will be subject to the City's successful negotiation of Purchase Option Agreements with current owners of the subject properties. Gene Sampley, Public Works Director, stated this project is being managed by his department, on behalf of the Parks Department, for the remedial investigation and feasibility study required to initiate remediation of the property that is included in the Evergreen Park expansion area. GordyByrd asked the locations of the boundaries for the expansion. Mr. Sampley stated from the existing park boundaries, around Smith Cove to Highland, and the portion north of Sheldon Blvd. Don Larson encouraged Council to approve this proposal as presented. #1773 TAPE #1363 City Council Reg. Mtg. Minutes March 6, 1996 Page 5 of 17 Mr. Neville stated he is very much in favor of this proposal, but before expanding Evergreen Park, the City needs to make sure the existing park is ready for the upgrades. M/S/C/U(Neville/Montgomery) to approve Amendment No. 1 to the professional services agreement with Failure Analysis Associates, Inc. and authorize the Mayor to execute the amendment subject to City Administrative Policies and Procedures; to approve attached Budget Adjustment #96-4. 7B - MUNICIPAL COURT BUDGET ADJUSTMENT-- REORGANIZATION, #AB96-047 A reorganization of probation service to provide for referral of defendants to outside agencies, scheduling, monitoring, and reporting to the court will result in the elimination of one position. The Court's new Discs computer system includes a program for monitoring cases with probation conditions and collection of fees. This organizational change will provide for a more efficient method of managing probation conditions. Kathy McCluskey, City Clerk, stated there is no legal requirement for a city to have a Probation Officer or Probation Office for misdemeanor Court, and many cities do not. What is being proposed is not eliminating staff entirely from this function since there will be one staff person devoted entirely to probation services, and back-up service provided by the Municipal Court Office. Currently, the Probation case load is around 600-700 cases, which is too high to adequately provide probation services with one Probation Officer. The addition of a second officer would be costly, with no appreciable increase in revenue. Because of the high case load, the office is already functioning to a great degree as a scheduling, monitoring, and reporting agency. This reorganization will not be a significant change from current operation, but will formalize processes and improve efficiency. Kathleen McCluskeV, City Clerk, read following letters into the record from John Wise, Executive Director of West Sound Treatment Center; and from Barbara Day Miller, Executive Director of Agape' Unlimited; lending their support to retain the Probation Officer position. R.A. Zedinsky, Court Administrator for the City of Tacoma, which stated their new computerized probation program was a success. Court Judges say they are pleased with the new monitoring program, and compliments have also been received from representatives of the Pierce County Bar with the speed in which defendants are brought back before the court when they violate conditions of sentencing. Also, an actual savings in the current budget will be $200,000 as a result of this action. Penny Hill, Court Services Manager, commented on the operation of the scheduling and monitoring function. She pointed out that the TAPE #1363 City Council Reg. Mtg. Minutes March 6, 1996 Page 6 of 17 computer is just a "tool" that will be used to monitor defendants. A staff person will still be available for defendants to contact for treatment agency referrals. DISCIS is a state-wide computer system and already has in place a program that will allow a city to monitor defendants for compliance. Reports can be generated weekly, monthly, or daily. The staff person will be responsible to report any defendant, who is out of compliance, to the Prosecutor; and the computer will be able to check with the state-wide computer system for any additional violations. Probation is not being eliminated, but the monitoring procedure will be changed. The public has been confused in the past with the two offices, and having probation handled through the Court Office will require just one stop, thereby eliminating any confusion. Bruce Martin, Municipal Judge, expressed his support of this change because it will be better for the court, and the citizens of the City. The current system is not working because the Probation Officer is overwhelmed with cases, which is not conducive to quick justice. He will now use referrals more than he has in the past, because he was always hesitant to further burden the Probation Officer. He is confident this new system will be a success. Mayor Hotton stated anything that the City can do to alleviate some potential deficits toward the end of the year, she will try to do. The County is looking at a sever downturn in sales tax, and the City right now is holding its own, but come the middle of this year Wal-Mart will open outside of the City, Safeway is going to be leaving, and some other businesses have left to relocate outside of the City. It is anticipated that 1997 will be an extremely difficult financial year. She has presented several proposals, in the past, to streamline and be more cost effective, and this is another one of those proposals. Any time a RIF situations is considered it is difficult, regardless of the service affected. She believes the proposed system will work as well, at a lower cost, without having the defendants harmed in any way. The following individuals spoke in support of retaining the Probation Officer position with the present system: Darryl Nelson, 1238 7th Street; Don McConnell, 22500 Sunlight Place, Poulsbo; Tina Miller, 5832 Nora Street; Evelyn McConnell, 5150 NW Mystic Ct., Silverdale; Kelley Rhinehart, 500 Pacific Avenue #307; Ruby DeSantis, 2009 Magnuson Way (DWI Victims Panel); Michael J. McDuffy, 1745 N. Cambrian; Michael Price, 3543 Redwing Tr. NW; Shirley Prior, 441 S. (Prior & Associates); Paul Casson, 115 S. Cambrian; James Shirk, 3627 Wheaton Way (Tara Counseling Center); Ellen Epstein, 1104 Pitt Avenue (RMH Services); Jan Enevaldsen, 3468 NE Pantridge Hallow Road (DWI Victims Panel); Carole Hooker, 4792 Parkhurst Lane #102 (Domestic Violence Task Force); and Jan Batt, 4412 Fitz Drive (Cascade Recovery Center). TAPE #1363 City Council Reg. Mtg. Minutes March 6, 1996 Page 7 of 17 Several of the above individuals used their own lives as examples of how important it was for them to be able to meet with someone face-to-face, not a computer, to give them that pat on the back when needed, or to just encourage them to keep trying. It was felt that someone taking the time to talk to them was very important to keep up the motivation when they felt like giving up. If a defendant is only dealing with a piece of paper from the computer or a data entry person, and not having to face somebody, who will hold them accountable for what they are doing? It will mean nothing. TAPE #1364 Additional reasons stated in suDport of keeping the Probation Officer are as follows: (1) Public safety; (2) Success in treatment; (3) Financial; (4) Probation Officer is almost like a parent to over-age adults, who do not know how to manage their own lives, and still need a parent; (5) A real person is needed in this position to spot the real bad people that come through the system, to be able to keep them on a "short leash"'; (6) Suggestion that the present probation system stay in place with the new computer system used as an added tool; (7) Strong point of the criminal justice system is the ability to make certain offenders are in compliance with their probation, and that is the job of the probation officer; (8) Someone needs to be looking over the shoulder of those criminals on a regular basis; (8) Is the City putting themselves in a vulnerable position if an offender on probation, only monitored by a computer, goes out and hurts or kills an innocent person? (9) Who is the person left to monitor the probation system? Would it be simply a data entry person, or another probation officer? (10) Many examples were given of the types of referrals made by Linda Rose, and other ways she helps people; (11) The future image of Bremerton is also at stake; (12) Will the computerized system monitor a defendant that lives out-of-state? (13) More clients "fall through the cracks" when a City does not have a Probation Officer/Department; (14) Some Pierce County treatment providers and some attorneys have a difference of opinion on how well the Tacoma Municipal Court's probation monitoring system is working; (15) Tacoma Municipal Court hired four new employees to implement their computerized probation monitoring system; (16) A computer program could not set up programs, such as the DWI Victims Panel, which is very successful and a model for the State; (17) The number of incarcerations will increase for those not complying with probation orders, at a cost of $45 - $50 per day; (18) New DWI laws call for a major probation violation penalty of 30 days in jail; (19) Who will monitor mental health clients, who also have substance abuse problems, but are not eligible for mental health treatment from State agencies? (20) Cities that do not have Probation Officers are going to have higher failure rates; (21) Through the efforts of TAPE #1364 City Council Reg. Mtg. Minutes March 6, 1996 Page 8 of 17 Linda Rose, several mental health clients are clean and sober, and gainfully employed for the first time in many years. Such an achievement could not be been accomplished by a computer; (22) More Probation Officers are needed, not less; (23) Who will be the person responsible to monitor the computer that will tract the client load that is currently on Linda Rose's desk? (24) Will a Bench Warrant be issued if someone is found to be out of compliance? (25) How many police officers will be available to serve Bench Warrants, and how much room is available in the jail to house those that are picked up? (26) Will those charged with serious offenses be required to attend the DWI Victim Panel presentations? (27) Defendants calling into Municipal Court will be faced with a Voice Mail Routing System, which may have an adverse affect on them in their effort to report in or to ask questions of the Probation staff person; (28) Domestic Violence Counseling providers are concerned about what will happen to defendants who are not closely monitored to make sure they are in treatment; (29) Probation Officers are trained to recognize attitudes in defendants, and whether or not they are making progress in overcoming their behavioral problems; (30) Suggestion - raise taxes to pay for two Probation Officers; (31) If the issue is insufficient funds, then how can the City produce an elaborate "budget book" document. If the City plans budget cuts in personnel in 1997, it was suggested that the City not publish elaborate documents like the 1996 budget book. Mrs. Muff-Menees asked Ms. Epstein to clarify why the mental health clients she referred to would not have qualified for any other program? Ms. Epstein stated she did not know the reasons they were rejected; however Linda Rose had spent years trying to get them into appropriate treatment. Ms. Huff-Menees' question could only be answered by Kitsap Mental Health. Linda Rose, City of Bremerton Probation Officer, stated she has been fighting for this position for seven years and if she had as much support from her superiors as she has from the public she works with, this would not be happening. She takes pride in her job and has done every thing possible to help keep defendants off the street and keep the citizens of Bremerton safe. With the case load she carries, it has been next to impossible and with the paperwork load it has been more than impossible. She is supported by one staff person and if it wasn't for her, she would be buried in paperwork. She deals with clients having committed domestic violence assault, DWI defenders, malicious mischief problems and other gross misdemeanor offenses. The people she deals with are criminals and they commit 90% of the crime under the influence of alcohol and drugs. She does her best to keep these individuals in compliance and report to the Municipal Court Judge when they are not in compliance. Yes, Monday Court calendars are large, but she TAPE #1364 City Council Reg. Mtg. Minutes March 6, 1996 Page 9 of 17 already monitors, by hand, 30 or more cases per month, who are on a write-in status and who are in compliance. The people she sees on probation are those in need of extra pushing to get into compliance, many are on welfare, transient or on government grants and some have zero funding to pay $45.00 or $100.00 to get an alcohol evaluation. There is a State run organization for alcohol treatment, but sometimes there is a 3-month waiting list for a bed in that program. She has mental health clients that come to her office on a weekly basis to report to her that they are taking their medication, that they have no new offenses and are doing their community service work. She monitors two people taking the drug "Antibuss" because they can't stop drinking. She was overwhelmed by the number of people in the audience in support of her as the City's Probation Officer. She wants to continue being the City's Probation Officer, but in order to do that she needs more support in the department and additional funding. Ms. McCluskey stated for clarification that the Probation fees do not cover the cost of Probation services. Ms. Rose was correct in that her case load is extremely high and it is difficult for her to keep up with her schedule, report to the Court, as well as counseling defendants. There are two options, i.e., hire more Probation Officers and fund the program at a higher level or find another way to provide the services. The solution recommended to Council is a different way of providing Probation services. While this is an emotion and people issue, such a situation also exists when there is a storage of staff in the Police Department or Fire Department. The City does not have the luxury of having enough money to do everything desired in the best possible fashion. The City is faced with the situation of determining how to provide the service to the best of our ability with the resources available. What is being proposed may not be the ideal, but Bremerton cannot afford to provide the ideal. Council would not be asked to consider this option if it was felt jail costs would go up extremely high, that would defeat the purpose. In response to the comment about a "flat probation fee" being more costly than the current $30.00 per month, the proposed flat fee can be paid on a payment plan and will reduce the overall cost to the defendant. She emphasized the majority of the defendants do not pay their probation costs when they walk out of the courtroom, but rather over time. It will amount to a lesser cost to the defendant for a lesser service and still have the opportunity to pay their fines and Probation costs on a payment plan. On the liability issue, she believes the liability exposure is a real issue; however the liability is far greater at the present time than under what is being proposed. The City is much more exposed when purporting to have a Probation Department and to be counseling and monitoring defendants and not doing it because of a too large workload. This is not a criticism of the Probation Officer, but rather the TAPE #1364 City Council Reg. Mtg. Minutes March 6, 1996 Page 10 of 17 function of the service. Under the proposed program, the City is sending the defendants out to professionally~trained counselors, for the required treatment. It has been inferred that people will be "left to flounder", which is not correct because the City will continue to make referrals to the same agencies that are currently providing those services. Ms. Hill again emphasized the computer system will be used as a "tool" for monitoring, and the Court will still be referring individuals to the appropriate agencies who are certified to provide necessary counseling services. It will be the counseling agencies' responsiblity to make sure the individuals are "on the straight and narrow", making sure they are in treatment and reporting to the Court. The person assigned to monitor the City's probation monitoring will be responsible for making sure the reports are filed showing the defendants are in compliance with the Court-ordered treatment. A Court staff person, who comes with 12 years experience in the Court system, will be available to respond to questions/information associated with individual Probation clients, following up with the treatment agencies, if there is a problem or a question, and the person the treatment agencies will be calling. In response to the comment that the City would immediately issue warrants for defendants not in compliance, it is anticipated the Court would have a show cause hearing for those people not in compliance. Bench Warrants would be issued for the most serious offenders, who are not in compliance with their Court ordered treatment. The Court staff person assigned to the Probation system will have no other Court duties or have further data imputing since the Court cases are entered when they first come into the Court system. Other Court staff members will provide back up support as needed. Judge Martin stated change in people is probably one of the most gratifying things to see in anyone's work and he has seen that in his position as Judge. However, the problem is he does not see enough of those changes because many people ignore the Court's orders and it is 6-8 months before he is aware of the situation before he can do anything to once again get someone to change. He is in favor of change, counseling and rehabilitation, but he must use a different method because his responsibilities are not to counsel, but to get people to counseling. He felt confident the proposed system is well thought out and it will work. He described how defendants will leave his Court and go directly to the Court Probation Scheduler where they will be told to get into a treatment program within 30 days. Under the present system, it does not work that quickly because of the workload carried by the City's Probation Officer. If someone comes into his Courtroom and states he is having a problem paying their fines and needs more time, he listeners to them and grants them more time. When people are set TAPE #1364 City Council Reg. Mtg. Minutes March 6, 1996 Page 11 of 17 to go to jail and have a family emergency, they can come to his court and explain the situation, which allows him to then schedules around that family emergency. If the Court receives information from a treatment center that someone is having a problem meeting their commitment, they can be brought before the Judge on Probation review and he can determine if they are telling the truth and how the Court can help them. The people, who testified during this issue, are sincere and he assured them he was not taking away their opportunities for counseling because it is required by law that they enter into counseling. He wants to see people rehabilitated and he is concerned about his community. Mayor Hotton stated more than once she has assured Council when programmatic changes are made they will be evaluated to see how well it is functioning. In the event it is not functioning as anticipated, she will come back to Council and report that situation. The current system is flawed and what she is looking for is a cost effective remedy to the system. She will be monitoring jail costs, the criminal activity in the community to make sure there is not an adverse affect due to this change and in any situation that arises where it is determined it is working adversely, she'll be back for Council requesting a different approach. Mr. Montgomery pointed out the need for people to accept responsibility for their actions and saw no reason why this proposal could not be supported. He felt it was physically impossible for anyone to handle the caseload carried by Ms. Rose. Mrs. Huff-Menees stated as Judge Martin indicated, some significant comments have been made by those in the audience, which brought about some confusion in part of what the public perceives and What can be accomplished with the recommended program. Based on the information she has been given on three occasions, she felt those individuals having such a fear about the safety of our citizens would be celebrating this change because there will be much quicker notification of non-compliance. If not, she asked someone to show her the discrepancy. Out of 700 people, she could not believe the majority are people that will constantly be in compliance, which is what she is hearing from the Court. We are not hearing, at this time, from those that are not in compliance for extensive periods of time, so those persons having committed misdemeanors are out on the street continuing to do whatever they do. The proposed system will identify much more rapidly those individuals not in compliance with the Court, so they can be directed to where they need to be going, or be remanded to serve jail time. Judge Martin concurred with Mrs. Huff-Menees' comments and emphasized if people don't follow through with their court ordered TAPE #1364 City Council Reg. Mtg. Minutes March 6, 1996 Page 12 of 17 treatment, they are in contempt of Court. The current situation before him now is continuance after continuance without seeing significant results. He illustrated expedient sentencing being handled through the City's video arraignment system. He also emphasized he does have the time to expand his Court calendar for Probation Review in order to see people that are having problems or emergency situations. There has been a decrease in Court cases and the City's Prosecutor is prosecuting very effectively. Many of the defendants in his Court also appear in District Court and the Prosecutor is effectively managing those cases. Mrs. Huff-Menees stated-it was alluded to that the Probation Officer is available to defendants 24-hours per day. Ms. McCluskey stated no, the Probation Office hours are 8:00 AM to 5:00 PM, Monday through Friday. Mr. McConne11 pointed out someone in the audience testified that they take daily doses of ANTIBUSE, which is distributed by the Probation Officer. He asked how would such a situation be handled under the proposed system? Judge Martin stated he was not aware the Probation Office was dispensing any drugs. Ms. McCluskeV stated she questioned the City providing such a service. Ms. Hill stated she understood Pharmacies will dispense drugs to individuals; however, the Municipal Court office will not provide that service. Mr. McConnell stated from the testimony given earlier, several individuals have changed in a way to lead more productive lives and he believed it was money well spent to save two individuals out of 20. His own personal preference would be to fund an additional Probation Officer rather than remove all human contact from the defendants. TAPE #1365 Mr. Neville asked what percentage rate the defendants are actually paying? Judge Martin stated that is controlled by statute, and has recently gone up to $100 per month. Ms. McCluskey stated the caseload will not increase if the revenue is increased and will still not pick up the cost of a Probation Officer, which can be from $45,000-$47,000 per year for salary, and that does not include overhead. Lack of space is also an issue. As the cost goes up, the uncollectible rate increases, and it is already at a very high percentage. Mayor Hotton stated we must ask ourselves, what would we hope to achieve with a second Probation Officer? The City will be paying more versus what we would be bringing in. Crime statistics show that probation has never affected statistics to bring the crime rate down, and they are actually going up. Mr. Neville stated in response to a suggestion made earlier about a tax increase to pay for a second Probation Officer, he believed more people would probably prefer to see an added Police Officer TAPE #1365 City Council Reg. Mtg. Minutes March 6, 1996 Page 13 of 17 instead of another Probation Officer. He referenced the City of Tacoma hiring three additional people to implement their new system, and questioned is the City firmly convinced that the person in place now will have the time to do the necessary data entry? Ms. McCluskey responded the City of Tacoma hired three additional staff because they did not have any Probation staff at the time they implemented their computer monitoring program. Right now, Bremerton has a Probation Officer and a staff person, so there is the availability of one person already there full time. During the transition to this new system, the current Probation Officer, the current full time staff person, and an additional staff person from the Court Office will all be in place to get the new system up and running. Mr. Neville wanted a response for all those in attendance tonight who feel the "personal touch" will be eliminated. Ms. Batt, Cascade Recovery Center, stated in Phase I of treatment, they are mandated by law to spend 2 hours with each client every 20 hours in one-on-one sessions. In Phase II of treatment, it drops down to 1 one-on-one session, or as needed. Mr. Neville stated that is probably the minimum requirements, but what if you recognize somebody who is really having problems? Ms. Batt stated additional sessions would then be scheduled, and also another outside recovery program could quite possibly become involved. Ms. Epstein stated where she sees Linda doing the most work is with those who don't follow through, those who need the extra help, but don't or can't get it. Linda has basically been their mental health counselor because they haven't been able to get the treatment they need anywhere else; and she has struggled numerous times with available facilities to take people in. Mr. Neville wanted clarification on those people who are required by the court to get treatment, and they are refused by the facility? Judge Martin stated he has had many people come to him after six months of doing nothing and state they couldn't get the help because they didn't have the money. Many times those individuals must then be sent to jail. As far as mental health patients, or those with no families, no one is taking the responsibility for those people, neither the Federal Government, State or County. Mr. Neville wanted to also address the fact that a defendant could not do all of their monitoring from out-of-state, they will still have to check in personally on occasion. Mr. Colvin questioned the liability regarding the absence of a Probation Officer? Mr. Mievers stated if the City does not have Probation Officer and doesn't have a program in place, in a sense, to rescue these people, the City will not be liable if they recommit more crimes. He used the "Rescue Analogy" from the Public Duty Doctrine, which says if you see a person drowning you are not TAPE #1365 City Council Reg. Mtg. Minutes March 6, 1996 Page 14 of 17 liable if you do not attempt to rescue that person, but if you do attempt to rescue that person and you do it negligently, you are then liable. Mr. Colvin stated he is a "people person" and cares about people, and wanted to make clear that the City was not putting a system into place that would leave people "hanging out to dry". There will still be a system in place which will refer people to the outside agencies they need to get the help they require. Judge Martin stated that is correct. He is required by law to refer defendants to agencies where they can get help. He is very confident that this new system will work, but there is no guarantee. What he does know for sure is that the present system in place is not working, and people are suffering for it. Mr. Montgomery pointed out the fact the City of Tacoma was a much larger City than Bremerton; thereby requiring more staff members to run the Probation monitoring program. He feels strongly that if defendants are required to do something, they either do it or suffer the consequences. Mr. McConnell asked why can't the current Probation Officer stay on and utilize the new computer system? Mayor Hotton stated she could, but the issue is that she is still a Probation Officer, therefore part of her duties include scheduling conferences with defendants, which is what takes up most of her time. Her job description is not simply a scheduler. Her job description would need to be re-written, and there are a number of civil service implications to do that. Also, there is the question of her salary. Mr. Colvin stated people will not be seeing a Probation Officer, but they would still have to see someone? Mayor Hotton stated under the new system, there will be a closer link between the probationers and the Court. They will still need to report to a person who will refer them into the various agencies for required treatment. The City will still receive feed-back from the various agencies in monthly reports as to who is and who is not in compliance. Mr. Law assured the public that the defendants on probation are not the real serious criminals, such as rapists and molesters. JudGe Martin stated that is correct, we are talking about defendants with misdemeanors and gross misdemeanors. This is a municipal court and the maximum jail time is one year and fines up to $5,000. The Department of Corrections has a person in Kitsap County to monitor convicted felons, who are coming out of prison and will report to their parole officer four times a month in the field and two times a month in the office during the first Phase of their release program helping them adjust to society. Mr. Colvin asked if Judge Martin sentenced people to community service? Judge Martin stated yes, but that does not address the treatment issue. The idea is to get people the help they need, get them out of the system and then #1365 #1024 TAPE #1365 City Council Reg. Mtg. Minutes March 6, 1996 Page 15 of 17 move on to the next case. M/S/C(Montgomery/Neville) to approve elimination of Probation Officer position effective March 31, 1996, and budget adjustment. Vote on Motion: In Favor: Neville, Law Huff-Menees, Montgomery, Opposed: McConnell Abstain: Colvin Motion carried. 8A - ORDINANCE NO. 4546 (8ECOND READING) ANERDING THE BREMERTON ZONING ORDINANCE TO BETTER ACCOMMODATE RECYCLING FACILITIES, #AB96- 044 MS. McCluskey, City Clerk, read into record a letter from John R. Thomas 2004 Perry Avenue, requesting Council approve this amendment. Ron Hough, Planning Manager, stated this amendment to the Zoning Ordinance involved some changes to the definition of "recycling center", and added definitions for the terms "recycling collection station", and "recycling collection station limited". Also, some criteria was set for the design of collection stations and the Land Use Table was modified to provide zones for these type of facilities. Public comment - none. Mr. Neville wanted to clarify Mr. Thomas' assumption that a special use permit was allowed in Single Family 1, 2, 3, and Duplex Residential? Ms. McCluskey stated it only allows for it in Multi- Family residential, not Single Family. Mr. Hough stated the "recycling collection station" itself allows for all types of recycling collectibles and is required to go through the Special Use Permit process in certain zones. The "recycling station limited" is limited to certain types of recycling materials that do not involve any hazardous materials, large appliances, or automobile parts, etc., so the limited ones would be allowed as Special Use Permits in the Multi-Family, Commercial and Industrial zones. They would not be allowed in the low-density zones such as Single Family 1, 2, 3, and Duplex Residential. M/S/C/U(Huff-Menees/Montgomery) to pass Ordinance No. 4546 on second reading, amending the Bremerton Zoning Ordinance to better accommodate recycling facilities and amending Chapter 21.02 of the #1195 TAPE #1365 City Council Reg. Mtg. Minutes March 6, 1996 Page 16 of 17 Bremerton Municipal Code. 8B - ORDINANCE (FIRST READING) REORGANIZING THE HEARING EXAMINER FUNCTION, #AB96-048 The provisions for appealing to the Hearing Examiner were made uniform throughout the BMC including a filing fee of $50, giving the appellant 7 working days to file an appeal, and requiring that the appeal be based upon a written decision authorized by the Department Director. Paula Johnston, License Inspector, stated Council had reorganized the Hearing Examiner ordinance months ago, and since that time it became apparent that some of the criteria in different titles of the BMC weren't consistent. This is an attempt to capture all of the titles that have a hearing process in them, and to make some of the more elemental parts uniform throughout the whole code. One of the changes being proposed is a uniform fee of $50. Currently, a fee of $75 is charged for all appeals except water and utility, which are $25. The other item being proposed, is to capture potential appeals and verify with the Department Director that there is no resolution at their level. Hopefully, this will alleviate the Hearing Examiner element before getting to the point of an appeal, which would only happen if all other avenues are exhausted. Mr. Sievers requested the deletion of the word "process" in Section 1 of the last paragraph; and clarified the language in other sections. He pointed out that jurisdictional areas were added, and the City is very specific as to which decisions get a Hearing Examiner appeal. Public comment - none. Mr. Colvin asked if the Hearing Examiner must be an attorney? Ms. McCluskey stated no; however Judge Martin is the City's Hearing Examiner. Judge Martin added he has heard very few appeal cases. these cases. Mr. Sievers stated the Hearing Examiner Ordinance does allow for the Judge or Court Commissioner to be appointed as a Hearing Examiner. It is not required that they be attorneys, but must be trained to do judiciary hearings. M/S/C/U(Montgomery/McConnell) to approve ordinance on first reading, reorganizing the hearing examiner function as part of the Bremerton Municipal Court, and amending Chapters 2.62, 5.02, 6.04, 6.32, 7.07, 7.08, 10.11, 10.40, and 15.08 of the Bremerton Municipal Code. TAPE #1365 City Council Reg. Mtg. Minutes March 6, 1996 Page 17 of 17 With no further business meeting adjourned at 9:16 P.M. KATHLEEN L. McCLUSKEY, City Clerk LAW, Council President City of Bremerton KLM/JL/me cc: Normal Distribution File/Vault