HomeMy WebLinkAbout06/22/94TAP~ #1212
UNAPPROVED DRAFT
1994
CITY COUNCIL MEETING MINUTES
JUNE 22, 1994
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The regular meeting of the City Council of the City of Bremerton
was called to order in the City Council Chambers, 239 4th Street,
Bremerton, Washington, Wednesday, June 22, 1994, at 5:30 P.M., with
Council President Sherril Huff-Menees presiding. Council members
present were Morrie Dawkins, Bob Winters, John Law, David Farr, A1
Colvin, Eileen Fitz, and Lon Overson. Councilman Richard Neville
was absent. Also present were City Attorney Ian Sievers and City.
Clerk Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Huff-Meneesand Invocation given by Councilman AlColvin.
President Huff-Menees announced immediately following the City
Council meeting the City Council will reconvene an Executive
Session on "litigation, per Chapter 42.30.110(1)(i).
CONSENT AGENDA
A. Minutes of Meeting -- June 1, 1994
#AB94-125
B. Minutes of Meeting -- June 8 1994
~AB94-126
M/S/C/U(Fitz/Dawkins) to approve the Consent Agenda as presented.
CEa~IMB/WARRANT REGISTERS
Vouchers audited and certified bythe auditing officer as required
by RCW42.24.080, andthose 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/Farr) on June 22, 1994, the Council does approve for
payment those vouchers included and further described as follows:
176237, 176238, 176240 through 176408 in the amount of $213,968.57;
and Regular Payroll for the period ending June 15, 1994, in the
amount of $589,039.89.
COUNCIL MEMBER REPORTS
Mr. Winters stated in response to calls from several constituents
regarding City water and sewer rates, he encouraged residents to
attend City Council Study sessions, held the first Monday of each
month, where they could learn first hand what is being considered
by the Council.
Mr. Colvin was pleased to introduce someone very special to him,
his adopted daughter. Marita Youngquist stated when she was
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sixteen years old (1966) she came to America as an AFS (American
Field Service) exchange student and had the opportunity to become
a part of the Colvin family and Branches family. Her year as an
AFS student at East High School was one of her greatest experiences
that has given her a lot in life and she is very grateful that she
came to this corner of the state, which she finds very beautiful.
Currently, she lives in Sweden and is a Psychiatrist and the mother
of three young children (11, 16, 17).
Mr. Dawkins reported he was pleasantly surprised when his daughter
was the guest speaker at the Bremerton Central Lions Club luncheon
today.
Mr. Law was pleased to report the District #3 Neighborhood meeting
held on June 21 was well attended and the presentation made by
Sheriff Pat Jones was well received. The next District #3
Neighborhood meeting is scheduled for July 19 and the topic for
that meeting will be emphasizing "Fire Prevention".
Mr. Farr stated it was good to be back after being out-of-town.
During his absence, he attempted to receive his messages on his
answering machine and partially succeeded. There was one message
from a constituent that wanted information on the City possibly
looking at the purchase of a vacant lot, located in District #6,
that was involved in a bankruptcy. He failed to get the caller's
name or phone number and asked if she is listening to the City
Council meeting to please call him once again.
Mrs. Fitz reported on June 21, five Council members and Mayor
Horton attended the Council Coalition dinner meeting hosted by the
City of Port Orchard City Council. The guest speak at that meeting
was a representative from the Washington Utilities Commission, who
talked about "garbage and rates".
Mrs. Huff-Menees stated she felt privileged to take part in the
Mayor's Summit for youth held June 16 at Olympic College. That
event was very well attended and she was impressed with the number
of people there and their willingness to pitch in and share their
expertise, views and ideas on how we can best address not just the
problems of our youth, but also how we can best bring out a lot of
the good things happening today with our youth. She is looking
forward to seeing some of the results that will come out of that
activity. She noted Mr. Neville was absent due to his work
requiring him to be involved in Union negotiations'.
MAYOR'S REPORT
Mayor Lynn Hotton gave a brief overview of the make up of those
attending the "Youth Summit". One of the things that she was most
struck by was the fact that everyone was very focused on the youth
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in the community and what could be done to move forward a youth
agenda for the City of Bremerton in a comprehensive fashion.
Approximately eight very articulate and bright teenagers also
attended this event. Throughout the event she was struck with (1)
the fact everyone focused in on what kind of existing facilities
are available and how can we maximize what we already have without
spending taxpayers dollars to build something else; (2) what
existing organizations or groups can be tapped into so we don't
have to create another organization and another meetingto attend.
Approximately three fourths of the way through the Summit Mr.
Montgomery pointed out to her there had not been one voice of
dissention. What that meant to her was that everyone came to the
Summit with very positive things to place on the table. After the
seven individual groups explained why they made their priority
list, it became very clear that one lead into another thereby
creating a circle. One of the key government roles identified, is
to continue providing the network source to bring all the groups
together on a periodic basis to map out a game plan, with their
help, and to track where we've been and what needs to be
accomplished in the future. She extended a "thank you" to everyone
who participated in the "Summit" and to her staff.
Mayor Horton announced host families are needed for three Japanese
exchange students, who will arrive July 27 and depart August 25.
A packet of information has been received from the U.S. Department
of Energy on the Department Of Energy Programmatic Spent Nuclear
Fuel Management And Idaho National ~Engineering Laboratory
Environmental Restoration And Waste Management Program Daft
Environmental Impact Statement. A media presentation on this issue
is scheduled for Thursday, June 23, 12:15 P.M. If anyone is
interested, they may access this conference by calling 1-800-553-
0272 and for a listen only access you press Code 00.
Following is Mayor Morton's Fublic Policy Statement having to do
with reconstruction of damaged buildings:
"I wish to share with the City Council and the public the policy
which drives the administration of the building and fire codes in
the repair of burned or otherwise damaged buildings.
As you are aware, we have had two significant fires in older
buildings within the downtown core this year. We experienced a
burn in two residential structures along Washington Avenue and
recently we had three commercial buildings involved in a fire on
Pacific Avenue. Although all of the buildings were heavily
damaged, some had additional major structural deficiencies.
As some of you may know, the City's building codes and fire codes
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require a professional determination by the Building Official
whether or not the building has become a dangerous building. This
determination is defined in the Uniform Code for the Abatement Of
Dangerous Buildings. Once a building is declared to be dangerous
because of damage, the code mandates the Building Official to
require that the entire building be brought up to current codes, if
it is to be repaired. Without bringing the entire building up to
current building codes, the property owner has only one option -
removal of the damaged building.
A building which suffers both from extensive damage and non-
compliance with codes presents a hazard to public health, safety,
welfare, especially in terms of an earthquake.
I have considered the impacts of removing a structure from a
struggling commercial neighborhood or from a residential
neighborhood. I will be asked if it is better to have a poorly
constructed building or no building at all? This is not the most
important question we must ask. The most important question is
whether or not it is right and in the best interest of this
communityto continue to allow the use of old buildings that do not
meet building and safety standards. It is not a question of equity
or fairness for the property owner, but a question of fairness and
equity for the whole community who must continue to pay to protect
these buildings and it is also a question of equity and fairness
for the surrounding property owners whose buildings are also
endangered by the presence of inadequate structures. While I
sympathize greatly with those who suffer the loss of a structure,
the potential loss of human life must be the overriding factor. l I
must act to protect the interest of the community as well as the
adjacent property owners, who have absorbed the cost of maintaining
and upgrading their buildings adequately. or have not yet suffered
damages to such an extent that would require reconstruction to
code.
I'm sure that I will be criticized for causing significant expense
of repair or loss of income due to removal of damaged buildings.
I am convinced, however, that there are long term benefits to the
whole community and that we will all be stronger for these
decisions. The Uniform Code for the Abatement Of Dangerous
Buildings will be administered with this policy in mind.
I am a twenty year resident of Bremerton. During that time I have
asked and heard others ask why these buildings are allowed to
stand?
It is time to bluntly state for the benefit of owners of older,
poorly maintained buildings in the City of Bremerton today: the
cost of extensive damage to your building will be significantly
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higher in the future. We will not allow you to just repair
dangerous buildings - you must bring the whole building up to
current codes or remove the building". She has 'instructed her
Building Official and the Fire Marshal that codes will be adhered
to and the Policy for the City. Mrs. FitZ stated for clarification
that buildings that have not been damaged in a fire are not
affected by this policy. Mayor Horton stated Mrs. Fitz is correct.
She emphasized in two instances the fire 'damage was not the
overriding factor, after inspecting those buildingsthey discovered
substantial deteriorating of the buildings to the point that is the
overriding factor.
PUBLIC RECOGNITION
Roy Runyon invited the public to a seriesof lectures - "Pacific
Wars Of The 20th Century", starting Saturday, June 25, at the
Waterfront Books and Christophets Waterfront Cafe.
Kal Leichtman stated in May he and Brian Mueller held a
debate/discussion with Mayor Horton and Larry Stone. He and Brian
would like to schedule another such event, however, Mayor Horton
has refused their offer. He was concerned that there were many
things that needed to be gone into in more detail. He requested,
in writing, the names of the City officials present and past, who
were involved in the Kathy Johnston wrongful firing/slander or
defamation of character lawsuit. He wants to know the amount,
itemized, what was paid from the City Treasury for settling.the
lawsuit and the amount paid for legal fees. He would appreciate a
response tothat request with a week or two. President Huff-Menees
asked the City Attorney if that information could be made available
to Mr. Leichtman? Ian Stevers, City Attorney, stated such
information could be provided and he understood Mr. Leitchman
wished to know the parties alleged to be involved in some kind of
allegations that would be listed in the pleading, which is public
record.
Charlene Burneft, Parks and Recreation Department, announced the
following Park sponsored activities:
Playground Express Program (free) begins June 27th andruns through
August 17.
Concerts in the Park (Evergreen Park) begins June 28th, 7:00 - 8:00
P.M., and run through August 9th.
Day Camp Program at Sheridan Park Recreation Center for children 5-
11.
Swim Class registration starts June 24, 6:30 A.M., at the pool.
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-LIT Program (kids 12-15) development of leadership skills.
Children Workshops: Theater Workshop
Pottery Workshop
Tennis Classes for kids
For information on these and other Parks programs, please call 478-
5305.
Karen Williams, Martin Luther King Memorial Scholarship Fund,
announced the second annualConstitution Day celebration luncheon
will be held September 17, at the Bayview Inn. On this day, the
Board of Directors would like to take the time to recognize
citizens withim the community who are building bridges and not
walls between people. Therefore, they are seeking nominations of
individuals from within the community, which may be mailed to
Martin Luther King Memorial Scholarship Fund, P.O. Box 190,
Bremerton, WA 98310.
Don A%kinson, Executive Director Bremerton Main StreetAssociation,
statedhe hadthe pleasure of being the Master of Ceremonies at the
Martin Luther King Scholarship Fund luncheon last year and found it
to be a remarkable program. He commended Mr. Colvin and his
committee for a very positive move in bringing people together to
build bridges. This week the Antique Galleries of West Sound are
celebrating their grand opening. The focal point will be this
weekend with a Main Street Social on Saturday evening at 6:00 P.M.,
in the Gallery complex. The new downtown event brochure is being
distributed throughout the community. Effort is underway to add a
tunnel boat competition to the Blackberry festivalthis year. Main
Street office has been facilitating a Seattle visit for people
interested in learning about the Archdiocesan Housing facilities in
the Seattle area as they relate to the proposed project involving
the Elks Building in Bremerton. That visit has been scheduled for
Monday, July 11.
C. D. Montgomery stated last Friday he had the opportunity to
attend the USS Franklin ceremonies on the Boardwalk, which was a
well conducted and well represented with the exception of "The
Sun". When his wife contacted The Sun to find out why no one
covered that event, she was told they were not invited or told too
late to cover the event. His wife wrote the following note toT he
Sun: "Because we are a miliarytown, we should be working together
as one unit and not separately. We care about those who have
served their country and those who have lai~ down their lives for
they are our community as well as you and me".
Jerry Soriano stated he had been watching the Council proceeding
and in particular Mayor Horton's comments regarding the City's
building and fire code policies. He owns a building at 141
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Pacific, which was recently damaged by fire, and did receive a
notice of abatement. He asked the City.what that meant and they
basically said he could either repair or build. They did not give
him any specific information. He has no problem following what the
City wants, however he does have a problem with grandstanding
without anyone letting them know. He has already had people
checking to see what must be done to restore his fire damaged
building. He stressed if he must bring that building up to the
existing code, that was fine too...someone should let them know.
Shannon Cook announced a Blood Drive will be held Friday, June 24,
11:00 A.M. to 1:00 P.M., and 1:45 - 5:00 P.M., at the Harrison
Hospital Annex. For an appointment, please call 792-6575.
Gordv Byrd reported he artended the USS FranklinMemorial ceremony
andhe believed there was a reporter from The Sun present. Hewas
pleased to report that he received a donation of $280.00 from an
individual for his shelter for the homeless. His current total of
collected funds amounts to $10,291.96 He' made a call to the
Governor's Office on a particular issue, which was responded to by
a return letter to him from the Governor's Office.
Cindv Wyman, volunteer on the Bremerton Central Business District
Waterfront Revitalization group, explained her group is open to
anyone who would like to attend their meetings and work with them.
She outlined the various groups from within the community that also
participate. Their goal is to come up with actual ways to raise
funds for the redevelopment of downtown Bremerton and the
waterfront. Their devotion to this project has moved up their
meeting frequency from once each month to once every two weeks and
they have expanded so that there is a separate group for downtown
retailers that meet approximately every two weeks. She encouraged
everyone to not believe that Bremerton is a dying city and much
work is underway to make Bremerton a better place.
7A - RESOLUTION NO. 2470, REGARDING THE METHOD OF DISPOSAL OF
FO~EITED FIREARMS, #AB94-127
Firearms which are forfeited through court order, and those which
come into the possession of the Police Department, and are
unclaimed pursuant to RCW 63.32, are disposed of by the department.
It has previously been the practice of the Police Department to
auction such firearms, as is permitted under State law. Last year,
the legislature amended RCW 9.41,098(2) to allow disposal of
firearms in any manner as determined by local legislative
authority, with the exception of illegal firea_~ms which must be
destroyed, and antique firearms which shall be traded or auctioned
to commercial sellers.
The proposed resolution provides that firearms which are forfeited
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shall be destroyed. It is anticipated that this practice will
decrease the number of firearms in our Community, thereby promoting
the public peace, health, and safety.
Police Chief Del McNeal stated once the Police take guns off the
streets they want to keep them off and they can do that by
destroying them, except for antique weapons that would be checked
by a antique dealer to determine their eligibility as an antique.
He urged Council's support in passing this Resolution.
Mr. Colvin questioned what would be done with antique weapons?
Chief HcNeal explained an antique weapon, by law, would be
auctioned off to a gun dealer. The Police Department handles about
75 ceased guns over the course of the year and it is their
intention to destroy them and then ship off the resulting scape
metal.
Mrs. Fitz stated she is very much in favor of this proposal and
always felt it was bad business putting the confiscated guns back
onto the street. She questioned if guns that have been ceased have
to be held for court cases? Chief McNeal stated the City may be
orderedby the court to return a gun to its owner for some reason,
but if the court tells the Police Department that a gun can be
disposed of, then the City is allowed to destroy it.
Mr. Overson questioned if he was correct that the word "firearms"
did not include large hives or anything like that? Chief McNeal
indicated Mr. Overson was correct, it includes just firearms that
have a primer and projectile. Knives, in most cases where they are
not claimed, are destroyed as well.
Mr. Farr asked if any equipment had to be purchased in order to
destroy firearms? Chief McNeal stated no, they can be dismantled
with a cutting torch and then dispose of the scape after that
process.
Jack Lefcoski stated his support of this proposal and asked if
there is such a thing as an antique automatic firearm? Chief
McNeal stated his answer was an antique automatic would be very
unlikely, but again, the law talks about antiques and generally we
think of muzzel loaders or something from the Civil War era.
Someone could declare the Thompson submachinegun that was used in
WWII as an antique, but no one is aware that any such declaration
has been made. He would not anticipate that happening, but to his
knowledge it would not include anything that would be a fully
automatic type weapon or could be made into such a weapon.
8ordyByrd asked if there was any way to recycle the metal from the
firearms that are disposed of. Chief McNeal stated mostly likely
#1597
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the scape metal will be sent to a smelter.
M/S/C/U(Winters/Fitz) to approve Resolution No. 2470, determining
the method of disposing forfeited firearms.
#1677
7B - ORDINANCE (FIRST READING) ADOPTION OF STATE 8TATUTE8 FOR THE
EIfFORCEMENT OF THE OMNIBUS DRUNK DRIVING ACT, #AB94-128
Mayer Berton asked that this item be pulled off the Agenda and be
discussed at Council's July Study Session.
M/S/C/U(Fitz/Winters) to pull Item 7B off the Agenda.
7C - ORDINANCE (FIRST READING) AMENDING THE 1994 BUDGET: (a) ADOPT8
STORMWATER FUND BUDGET= (b) ADDS FIVE POSITIONS, DELETES TWO; and
(c) RECLASSIFIES FIVE EXISTING POSITIONS, ~AB94-129
This amendment to the Budget of the Department of Public Works &
Utilities has three parts which include: 1. Adoption of an initial
1994 Budget for the newly created Stormwater Fund in the amount of
$440,000; 2. The addition of five new positions and the deletion
of two existing positions from the authorized staffing of the
Department; and 3. The reclassification of five existingpositions
within the department resulting from a review conducted by the
department and the Civil Service Officer. Each of these elements
are described more fully in the attached documents.
Eddy Chu, Public Works and Utilities Director,'stated the Agenda
Bill includes three elements:
Item 1 - the initial 1994 budget for the newly created Stormwater
Fund in the amount of $440,000. Mr. Chu referenced an Expenditure
Sheet for the newly created fund identifyingPersonnel, Supplies &
Services and Capital Projects & Equipments, with an ending cash of
approximately $500,000...total budget is bound at $440,000. If
this proposal is approved, the fund would commence as of July 1
through 12-31-94. The 1995 Budget will reflect new revenue
projects for that year.
Item 2 - describes the added positions of five created positions,
two of which are management and three Civil Service. Three of the
positions are depicted and described in the Stormwater Fund. The
Wastewater Manager position will impact the Wastewater budget in
the amount of $29,014 and the Administrative Analyst position will
impact the Wastewater, Stormwater and Water budgets in the about of
$24,228. The two management positions are being offset with the
deletion of a currently budgeted position - Administration
Supervisor/Utilities, by $37,778. Therefore, there is a net
increase of one management position. Following that is the three
added positions: Lead Service Specialist and two Service
Specialists, which are needed positions to implement the new
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Stormwater Program. The net impact to the budget for the above
described personnel actions results in a net change of $75,165 in
the 1994 budget.
Item 3 - the upgrade or reclassification of the current Civil
Service Positions. The justification for such action, is due to
the consolidation of his department and the proposed action is the
reflection of the Civil Service positions that have been long due.
S~me employees have been working out of classification, so with
this classification change, it will reflect everyone working within
their own job classification.
Mr. overson pointed out for the public's benefit that the proposed
ordinance is a power packed amendment and well written from all
that it does in a single vote. Commonly, taking such action would
have been accomplished through the adoption of three ordinances,
but as a result of prior Council action to modify the required
process dealing with management and professional positions, action
can be taken through a budget adjustment process. He referenced
the Authorized Staffing documentation which reflects adding 11
positions and subtracted 7 with a total increase of four personnel
to the Department of Public Works, and at the same time modifying
the budget expendingthe funds that have already been provided for
~- the new rates structure that was previously passed.
Mr. Law pointed out the $4.00 per month charge to the resident for
the Stormwater Program is going towards the $440,000.
Gordy Byrd had a question regarding the proposed job titles. Mr.
C~u explained that some of the changes involved job title changes
and some upgrading and reclassification.
M/S/C/U(Colvin/Dawkins) to approve ordinance, on first reading,
reclassifying two management and professional positions in the
Department Of Public Works and Utilities and amending the 1994
Budget.
With no further business meeting adjourned at 6:53 P.M.
KAT~HLEENL~.Mc~City Clerk
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