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
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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.
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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
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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.
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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
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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).
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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With no further business meeting adjourned at 9:16 P.M.
KATHLEEN L. McCLUSKEY, City Clerk
LAW, Council President
City of Bremerton
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