HomeMy WebLinkAbout06/01/94COUNCIL
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UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
JUNE 1, 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 1, 1994, at 5:30 P.M., with
Council President Eileen Fitz opening the meeting, and new Council
President Sherril Huff-Menees presiding over the remainder of the
meeting following the election of new officers. Council members
present were Morrie Dawkins, Bob Winters, John Law, David Farr,
Richard Neville, A1 Colvin, and Lon Overson. Also present were
Assistant .City Attorney James McNamara and City Clerk Kathleen
McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Fitz and Invocation given by Reverend Cleveland Williams
of Ebenezer African Methodist Episcopal Church.
ELECTION OF CITY COUNCIL OFFICERS
President Fits opened nominations for the position of City Council
President: Bob Winters nominated John Law. Richard Neville
nominated Sherril Huff-Menees. President Fits thanked all Council
members and stated ehe has enjoyed serving as President.
Kathleen McCluskey announced the results of the secret ballot as
follows:
Sherril Huff-Menees: 5 Votes
John Law: 4 Votes
President Huff-Menees opened nominations for the position of City
Council Vice President: Mrs. Fits nominated Richard Neville.
M/S/C/U(Dawkins/Fitz) to cast a unanimous ballot for Richard
Neville as City Council Vice President.
Vote on motion:
In Favor: Overson, Neville, Farr, Law, Fitz,
Dawkins, -Colvin, Winters, Huff-
Menees
President Huff-Menees opened nominations for the position of Mayor
Pro Tem, and also nominated Bob Winters.
M/S/C/U(Fitz/Farr) to cast a unanimous ballot for Bob Winters as
Mayor Pro Tem.
Vote on motion:
In Favor: Overson, Neville, Farr, Law, Fitz,
Dawkins, Colvin, Winters, Huff-
Menees
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CONSENT AGENDA
A. Minutes of Meeting'-- May 11, 1994
#AB94-105
B. Single Source Purchase - Golf Course #AB94-106
Maintenance Equipment
C. Single Source Purchase of a Greens #AB94-107
Mower for Gold Mountain Golf Course
M/S/C/U(Dawkins/Farr). to approve the Consent Agenda as presented.
Vote on motion:
In Favor: Overson, Neville, Farr, Law, Fitz,
Dawkins, Colvin, Winters, Huff-
Menees
CLAIMS/WARRANT REGISTERS
Vouchers audited and certified by the auditing officer as required
by RCW42.24.080, 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/Fitz) on June 1, 1994, the Council does approve for
payment those vouchers included and further described as follows:
175753 through 175892 in the total amount of $246,348.74.
Before moving on, President Huff-Menees thanked Mrs. Fitz for her
service as Council President, and stated that she has come to
appreciate very much the qualities Mrs. Fitz has brought to the
position and certainly has set a standard that she will pay very
close attention to. Above all, Mrs. Fitz has brought an abiding
devotion to fairness, and she believes tha~ the Council has
benefitted from this, and public has as well.
COUNCIL MEMBER REPORTS
Mr. Winters stated that he had no report, as he was'ready for a
long agenda.
Mr. Colvin stated that he was also ready for a long agenda, but did
have a report. He thanked Eddy Chu and Kathy Cahill for their
excellent presentation given earlier that day to the Bremerton
Central Lions Club. They responded to all questions without
hesitation. Eddy Chu stated that he was willing to consider any
suggestions a citizen might have on either the water bills or sewer
charges. Also, Mr. Carlos Montgomery made several suggestions to
the Council that many citizens believe have merit, and are worthy
of more than just casual consideration: 1) Move the Public
Recognition portion of the meeting to the end of the Agenda. This
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will provide the necessary time to take care of the Cityts business
and reduce the amount of time that City staff spends waiting for
their Agenda Bill to be acted on by the Council~ and 2) Once every
quarter, a town meeting should be held in' lieu of the Council
meeting for informational purposes. If any citizen feels these
ideas have merit, please call the City Council office. According
to an article in the Bremerton Sun, the City is obligated to spend
approximately $5 million and none of this amount will go towards
the repair of the sewer plant. After talking to Randy Witt, City
Engineer, he stated that the $6 million he requested was for the
repair of the sewer plant, but there are noguarantees. So, we are
going to have to do some belt tightening along the way.
Hr. Dawkins stated that he was fortunate enough to represent the
Mayor at the Ivy Green Cemetery on Veterans Day, and its always
impressive with all the colors around the replica "Tomb of the
Unknown Soldier", the only one outside of Washington, D.C. There
were a few tears, and lots of cheers for the veterans that were
there. Bob Sauter was the Master of Ceremonies for the event. It
was a great day to honor a lot of fine veterans that wetve lost
through the years, it was a very nice ceremony.
Mrs. Fitz had no report this evening.
Mr. Law stated that District 3 will have their monthly Neighborhood
Meeting on June 21, 1994 at the Senior Center, and Sheriff Pat
Jones will be in attendance and there will be many interesting
discussions points to bring to the public.
Mr. Farr had no report this evening.
Mr. Neville stated that a Viewerrs Survey is taking place right
now, put on by the City of Bremerton, TCI, and Falcon Cable. The
City is getting ready for re-franchising with the two cable
companies, and citizen comments and views are requested. Surveys
are available at the front counter in City Hall and also at the
back table in the City Council Chambers. Please return them in a
timely manner. Also, a Public Meeting Notice for the Warren Avenue
Combined Sewer Overflow Separation Project, Tuesday, June 7, 1994,
at 6:00 P.M. in the City Council Chambers, Room 212. Items to be
discussed include the purpose and description of the project,
project schedule, location of the work, and traffic impact and
local accesses.
Mr. Overson had no report this evening.
President Huff-Menees announced that there will be a Study Session
on Monday in the City Council Conference Room, at 6:00 P.M. to
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discuss City Projects, Leasing of City Properties, Ramping Down
Garbage and Utility Taxes, Political Rules for Cable Community
Access Channel, City Council Meeting Format, City Council Policies
& Procedural Manual, and City Charter Revisions. Public is
invited.
PUBLIC RECOGNITION
Mayor Lynn Horton stated that this last week she attended an awards
presentation put on by the Veterans of Foreign Wars (VFW), and they
gave two present City officers and Fire Chief Mick McKinley awards
for outstanding service to the community. Officer Jon Johnson,
Crime Prevention Specialist with the Police Department and
Firefighter Paramedic Larry Rankin were awarded as Officers of the
Year from the VFW. Mayor Horton also had a citation given to the
Community Access Television in sincere appreciation of the generous
contribution of its time and facilities in support of the Veterans
of Foreign Wars and its Americanism Program. This was presented to
Council Member Neville, who sits on the Cable Committee. Mr.
Neville received the citation on behalf of the Cable Committee and
thanked the Mayor. Mayor Horton then discussed a few citizen
issues: 1) Mr. Andy Parypa has brought forward an issue regarding
vehicles parking on the sidewalk at the 1500 block of Elizabeth
Avenue, and his discussions with a Parking Enforcement Officer who
did not go back and cite those vehicles. He questioned what was
the City policy concerning this issue. The existing policy at this
point is that they do have regular rounds, and although they do
respond to complaints, the Parking Enforcement Officer stated that
she did look down toward the 1500 block of Elizabeth Avenue and did
not observe any safety hazards. Due to time constraints, she
'continued on her regular patrol, which does not include the 1500
block of Elizabeth. Mayor Horton stated the Parking Enforcement
Officer felt Mr. Parypa misunderstood her statement. The City does
respond to complaints and perhaps can lgive a little better
direction when complaints are received, but generally unless it is
an immediate "life/safety" issue, the Parking Enforcement Officers
will continue on their rounds, and then go back and pick up the
complaint issue. If the Council or the public is not happy with
that policy, the Mayor's office is willing to look at how we might
change it and be more accommodating in the future. 2) A second
citizen complaint from citizens living on Olympic Place who HAVE
been cited for parking on the sidewalks, and their issue has to do
with the fact that their block is very narrow, they have limited
off-street parking, and if they do not park on the sidewalk, large
vehicles can not maneuver through the street. They are asking is.
there is some remedy to this situation. It is a City Ordinance
that if you are parked on the sidewalk, you are subject to a $50
fine, that issue was brought through a citizen group several years
ago, and the reason is that it was felt that this was a
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"life/safety" issue. Because this street is so narrow, there may
be some other options. The Mayor will meet with her staff, and
citizens to see if a result can be met. A proclamation was
presented for "National Safe Boating Week" to the Coast Guard
Auxiliarywho stated that they have Boating Safety classes and free
vessel examinations. For schedules, check with your local Marine
dealer. Mayor Horton also congratulated Ms. Huff-Menees and felt
she will do a fine job, and also to the other new officers to keep
up the good work.
Mrs. Huff-Menees inadvertently left out her Council Report and did
want to mention that she held a Neighborhood meeting in her
District last night, and it was a great meeting. She wanted to
thank all citizens who attended, and also wanted to encourage all
citizens to take advantage of these opportunities.
Mr. Andy Parypa stated he wanted to give the true facts of what
happened with the parking incident on Elizabeth Avenue. On May 18,
1994 at 11:35 A.M., he asked a Parking Enforcement Officer why she
was not citing vehicles parked on sidewalks, facing the wrong
direction, and on planting strips. She answered that she was
instructed to not ticket vehicles parked on sidewalks unless a
citizen filed a complaint, and then only if the sidewalk was
entirely blocked. She didI'not address the other violations. Mr.
Parypa states that enforcement in this manner is a violation of BMC
10.11.020 as now written. On May 19, 1994, Mr. Parypa asked the
Mayor who issued such an order, and he replied the Mayor's answer
was "not me". Mr. Parypa was told that Council Member Fitz gave
the Mayor a letter on the 26th asking by whom and why were these
orders issued. Mr. Parypa is asking the Council President to press
for a written answer. Also, as of May 12, 1994 he has 84
photographs taken at his expense, and 15 typewritten pages showing
much damage to public right-of-ways and negligence on the part of
the City. He will share the photos with anyone, but will not allow
them to be used by staff members as a complaint against any
property owner.
Elizabeth Buell asked President Huff-Menees to speak louder and
into the microphone because she is having trouble hearing her.
Jack Lefcoski also stated that he had a hard time hearing President
Huff-Menees, and asked her to speak louder. Regarding A1 Colvin's
comments that Eddy Chu was looking for new ways for charging sewer
bills, he questioned the use of flow-meters. He learned recently
that Puget Sound Naval Shipyard is on a flow-meter system for
sewage, and why can't other communities be on flow-meter systems?
Citizens are charged for water consumption rather than for sewage
outflow. He would like to propose that a flow-meter be put on the
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main line of the Kitsap Lake project of 77 parcels, before it taps
into the City line, and not charge for water only charge for sewer.
Finished with a plea for the Council to get rid of the "3-minute"
timer.
Don Atkinson reported that the Westsound Antique Gallery in theAmy
Burnett Complex opened quietly over the weekend and they're
planning a grand opening later in June~ There were 55 boats in the
marina over Memorial Day weekend~ There are plans to welcome the
Labor & Industries staff when they relocate downtown in the
Washington Mutual building~ Some new events of the Blackberry
Festival will include "Tour Day Kitsap" on August 7, 1994, "Jazz it
Up" activity on August 20, 1994, and three other new activities,
the "Fun Run", "Car Show", and "Softball Tournament"~ The Admiral
Pete tour boat officially went into service today~ The taping of
the Archdiocesan Housing Program was conducted on May 19, 1994 will
be rebroadcast on Monday, June 6, 1994 and again on Thursday, June
9, 1994 at 7:00 P.M.~ and one other thing, the Downtown Task Force
had its second meeting with the consultants from Seattle who are
going to be working with them on Master Planning for Downtown Today
with the subject being "Signage", and helping people to find
downtown Bremerton, and then helping them to flow between the
upland businesses and the waterfront.
Ruth Davies was upset at an incident that took place at a
Neighborhood Information Network meeting. She told of an attendee
at the meeting who was approached by three separate individuals who
had "warned" her not to speak to Ms. Davies because "she was
affiliated with the wrong people". This group also had a list of
approximately 30 dwellings that they were going to keep an eye on
and report on. Believes there was a lot of "gossip mongering"
taking place at this meeting. Feels that the City should be
careful about what kind of information and networking is being
presented at these meetings. Expressed disappointment at the
Council for their seemingly lack of feelings for the woman who
brought in the letter about the loss of her daughter in an accident
of Lebo Blvd. Ms. Davies expressed her unhappiness at the City's
process for annexation, and also brought a letter to read to
Council from Mary Wagner, who could not be at the meeting due to
health considerations: "I am a casualty of the Rickey Road
Annexation Group. It has been 5 years of one technicality after
another by the Bremerton City Attorney. This annexation was
supposed to be by the petition method. Only there wasn't any
petition, only a handful of outside Utility Agreements. Many of
these were not recorded at Port Orchard, therefore, their assessed
value should not have been counted. They were counted anyway.
There is nothing in the State RCW law that says a handful of
outside Utility Agreements can constitute an annexation in lieu of
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a petition. The City of Bremerton criteria for annexation says
"People who have signed an outside Utility Agreement must sign the
annexation petitions to have their evaluation counted". This was
not done because there was no petition to sign. The method of
annexation by petition of 75% of assessed valuation discriminates
against the small land owner. The small land owner does not have
anything to say, but still has to pay City tax on lights,
telephone, water, sewer, and garbage. The small land owners
constitute the majority of parcels of land in any annexation. Many
of the people in the Rickey Road annexation area have moved, or
passed away during the five'years of maneuvering by the City of
Bremerton. Now let me tell you of some of the things that are
going on since the supposed annexation of March 1, 1994...On the
water bill, we all received a storm water charge for February and
March. We weren't supposedly annexed until March 1, so why is
there a charge for the month of February? As to recycling, I
didn't get any bins until after April pick-up. None of my
· neighbors even got a notice about the garbage or received any bins.
Only the ones who were receiving garbage service before the
annexation. No bills either. I was transported to the hospital on
February 22 by a Bremerton Fire District ambulance. The fire
districts reciprocate with one another. I was still in the County
and the ambulance should have been paid by my tax dollars to
District 15. So I get a bill from the Bremerton Fire District for
$150.00. When you are in the County, your ambulance bill is paid
by your taxes. They requested I fill out a form. Too my medicate
and other insurance numbers and billed them. I found out through
the Bremerton Fire District that they are now required to reimburse
medicare and my other insurance for that mistake (A1 Duke '478-
5394). If I can have grandfathers rights on the sewers, why can't
we have grandfathers rights on the storm water charge at least
until we get some service lines in our area? This utility was
initiated before we were supposedly annexed. For garbage, we pay
as much for two months service as we did for three months in the
County. I would like A1 Colvin to see that this letter is not
edited out of the minutes. To Mayor Horton, I did not have a heart
attack. My doctor said I was not ready to expire at the time of my
trip to the hospital. Respectfully, Mary Wagner, 3125 Rickey
Road".
Gordy Byrd passed on a message he received from several people,
that the Council is doing a fine job, especially for the low salary
they are paid. Also let everyone know that the notebook he had
lost at the Bremerton Armed Forces Day Carnival was turned in to
the Bremerton Post Office, and he wanted to thank the person who
turned it in, and requested that they please call.
Kal Leitchman wanted to let everyone know that the Bremerton Fire
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Reg. Mtg. Minutes
Department went to the aid of Mary Wagner on Rickey Road under a
Mutual Aid Agreement, but to call it a heart attack, and to
denigrate District 15 for not being there, is not correct. The
City should stand on facts if it wants to save itself.
Robert Ackerman came to the City to pay his water bill, and had
trouble finding parking. Why can't therebe two disability parking
spots closer together? As it is now, one spot is on one end of the
block, and the other spot is on the opposite end of the block.
Also had a friend who parked his car in'Bremerton, then went over
to Seattle on the ferry, and feels that the City is over-charging
to park your car for a day.
Glen Jarstad saw that today was Eileen's last day as Council
President, and wanted to tell her that he thinks she is doing a
great job, and handles herself well. He is sure that Sherril will
do the same. Came across some information' on Park projects
completed when he was Mayor, and wanted the Council members to have
the information for their files, and felt they should be proud of
the accomplishments. According to his statistics,. over 60% of
those utilizing the City parks are County residents, and would like
to see the County match the City in Open Space sometime in the
future.
Elizabeth Buehl disagreed with Robert Ackerman, and felt there were
too many disability parking spots. She comes downtownto park, and
all she can find are empty handicap spots.
Robert Ackerman disputed with Elizabeth Buehl. He always finds it
difficult to find an open handicap spot.
Elizabeth Buehl spoke on behalf of someone else who wanted to know
about people who have a handicap permit for their spouse, and their
spouse dies, but they still continue to use the handicap permit for
parking privileges, who do you tell?
President Huff-Menees stated that this was a State issue, and it
would need to be reported to them. The phone number for the
Legislative Hot-Line is 1-800-562-6000.
Roy McGinnis said he would fill out a Viewer's Survey, but would
not provide information for item no. 17.
6A - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT BID AWARD
RECOMMENDATION FOR PLAYGROUND EQUIPMENTAT WARREN AVENUE PLAYFIELD,
#AB94-108
A Call for Bid for design, site preparation specifications, install
surface matting, and provide and install barrier-free playground
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equipment at Warren Avenue Playfield was prepared, advertised,
distributed and received in accordance with accepted call for bid
procedures. Two bids were received and recorded as follows:
Pacific Playgrounds $29,000.00
Funco of Washington $30,230.00
Although apparent low bidder, Pacific Playgrounds did not include
in their bid the cost of three spring toys as specified in the
City's bid documents, Pacific Playgrounds, Inc. did offer the City
any of their spring toys listed in their catalog for additional
cost. If the City exercised this offer, the additional cost would
have increased their bid to $30,575, which is higher than Funco of
Washington's bid which did include the cost of three spring toys.
So, the recommendation is to award the bid to Funco of Washington,
which is the lowest bid. Jodi Wroblewski, Assistant Parks
Director, reported she was pleased to bring forth this community
development block grant project to be awarded and asked for
questions. Mr. Neville asked if the existing structure, the ship,
was going to be replaced, and then would the old ship be placed
somewhere else? Ms. Wroblewski stated yes, the ship would be
replaced by a new ship, and that the old ship was in such
disrepair, that they could only salvage some of the timber. Mr.
Neville also thanked the sea-bees for taking out the old concrete
pond that he used toplay in as a youth, and was glad to see the
community effort done by the Navy and the City working together.
He stated how no matter what time he drives by the Park, there are
always kids playing there. Mr. Overson asked about a Budget
Adjustment. Rich Hanna, City Treasurer, said there is adequate
budgetary capacity. This project was not specifically addressed
because the block grant allocation program was on-going at the time
of preparation of the budget. The project brings along its own
funding with the award of the grant project, but the paperwork will
need to be carried out sometime in the near future. Mrs. Fits
asked if the entire cost of the project be covered by the money we
have available here? Ms. Wroblewski stated yes. Gor~y Byrd, asked
where the ship was located? Vicki Vanneman, Parks & Recreation
Director, explained that the ship is a big wooden toy sitting right
next to the swings at the Warren Avenue Playfield. This new ship
will look more like a pirate ship.
M/S/C/U(Dawkins/Neville) motion to award
equipment at Warren Avenue Playfield be
Washington.
bid for playground
awarded to Funco of
6B - PROFESSIONAL SERVICES AGREEMENT FOR DEMOLITION OF STORAGE
BUILDING, #AB94-109
The Street Department has moved to the new Public Works Complex.
The buildings at their prior location on Sheldon Blvd. are no
longer being used and have no value to the City . An offer for the
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removal of one of the buildings commonly referred to as the
"quonset hut" has been received from Colin and Scott Corey, two
employees of the Street Department. A review of alternatives for
disposal of the building indicates that acceptance of the Corey~s
offer as set forth in the proposed contract is in the best interest
of the City. Mr. Hanna stated that the City does want to move
ahead with the demolition of the old structure on Sheldon Blvd.
The City has under-taken some level of effort to assure ourselves
that there is no commercial value represented in the structure, and
that has proven.to be the case. There is no need to bring this
item to Council, but as was discussed in the Study Session, because
the two volunteers involved are City employees, the City wanted the
discussion done in a public forum to to assure the constituents
that this is an "arms length transaction" and is being conducted in
an appropriate manner. Mr. Colvin wanted it pointed out to the
public that two employees are going to tear this building down at
their own expense and on their own time, and without assistance of
City equipment. President Huff-Menees pointed out that there is a
"hold harmless" clause in the contract that will protect the City.
In other words, if the Corey brothers are injured during this
demolition of the building, they will not sue the City. Mrs. Fitz
also pointed out to the public that the "quonset hut" is the really
old, ugly building downby the City park and it will be a beautiful
addition to the City to have it gone.
M/S/C/U(Fitz/Colvin) motion to authorize the Mayor to sign the
attached contract for the demolition of a City building.
6C ~ AMENDMENT TO FLEET MAINTENANCE CONTRACT, #AB94-110
Section 4.08(a) of the City~s contract with Ryder MLS for fleet
maintenance provides for an annual adjustment to the approved
budget within the contract. The contractor and staff have
tentatively agreed to the budget contained in the attachment.
Also, an addition to the contract is proposed as Amendment 4
addressing the use of salvaged parts in the repair of City
vehicles. Hr. Hanna stated this is an annual event, the current
contract has a five year term, but makes provision for the
adjustment of the budget which is a target number which is used in
conjunction with the financial incentives that are contained in the
contract. That target number is adjusted on an annual basis. The
proposed numbers are provided. Mr. Law understood that Council was
going to get a statement from the manager to concur that the
services were satisfactory, which would be appropriate since
Council is looking at an increase. Mr. Hanna stated that he did
not have a written statement, however, pointed out that Mr. Tulp
was available to provide Council with whatever assurances they
required. Bob TUlD, Public Works Operations Manager, stated that
they have been very well satisfied with the work Ryder has been
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providing. We try to point out things we think are deficient, and
Ryder has been cooperating with us very well to correct those
deficiencies. Mr. Colvin asked for the footnote to be explained.
Mr. Tulp read the footnote written by Lon Overson during Fiscal &
Budget Committee meeting "disagree with administration and
management fee increase - request manager support". President
Huff-Menees explained that is why Mr. Law wanted Mr. Tulp to .speak
to the satisfaction of the administration. Mr. Overson stated it
was easy to understand the need to increase the cost for parts,
labor, and direct expenses, but not for admin and management fee.
In his opinion there is not a direct relationship between what has
changed and the increase in price, so I personally do not support
that part of the contract. Mr. Hanna explained that he posed that
very samequestion to the contractor during the negotiation process
and that they reviewed the numbers throughout the life of this
contract, back to 1987, and the contractor pointed out the
administration and management fee components have remained, over
the years, a constant percentage of the total contract, there were
a number of years where the adjustment to the admin and management
fee were less than the CPI and in some cases were actually
negative. Mr. Overson pointed out that he did not agree with that
argument that just because the City got a good deal in the past,
does not mean that the City should not get a good deal now. That
is one of the reasons that the City contracted this out because
when the City owned it, they felt that they could improve on that,
and Mr. Overson feels that they have. Mr. Hanna agreed that the
City has been well served by this contractor. Mr. C01vin asked if
this increase represents 5.5%, and felt that seemed nominal.
M/S/C/(Neville/Fitz) motion to authorize the Mayor to sign the
proposed contract amendments the Fleet Maintenance Contract.
Vote on motion: Abstain:
Bob Winters
In Favor:
Neville, Farr, Fitz, Dawkins, Huff-
Menees
Against:
Overson, Law, Colvin
7A - ORDINANCE NO. 4462 (SECOND READING) AMENDING PROFESSIONAL.
MANAGEMENT COMPENSATION PLAN, ~AB94-103
Public opinion - none.
M/S/C/U(Colvin/Neville) motion to pass Ordinance No. 4462 on second
reading, amending the management and professional staff
compensation plan; and amending Chapter 2.50 of the Bremerton
Municipal Code.
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Leila Mills, Assistant City Attorney, replaced James McNamara,
Assistant City Attorney, for the remainder of the meeting.
7B - ORDINANCE NO. 4463 (SECOND READING) AMENDING OFFICIAL ZONING
MAP OF THE CITY OF BREMERTON FOR PROPERTY LOCATED BETWEEN LILAC
LANE AND BRUEN AVENUE, NORTH OF BARLOW DRIVE, IN THE AUTO CENTER
WAY AREA OF WEST BREMERTON (JENNINGS KAHN INC.), #AB94-104
President Huff-Menees questioned if she should step down, since she
was not at meeting for first reading of this ordinance. Ms.Mills,
stated that you can not vote unless you have listened to the tapes
or have been filled in on details. President Huff-Menees stated
that she'had not, and'stepped down from voting. Mrs. Fits and Mr.
Neville also stepped down. Bob Winters, Mayor Pro Tem, stepped in
to conduct procedure.
Public opinion - none.
M/S/C/U(Farr/Dawkins) motion to pass Ordinance No. 4463 on second
reading, amending the Official Zoning Map of the City of Bremerton
for property located between Lilac Lane and Bruen Avenue, north of
Harlow Drive in the Auto Center Way area of West Bremerton
(Jennings Kahn Inc. Rezone, File #RZ-02-94).
President Huff-Menees~ Mrs. Fits, and Mr. Neville returned to the
Council Chambers and rejoined the Council at 7:08 P.M.
7C - ORDINANCE {FIRST READING) AMENDING THE 1994 BUDGET, #AB94-111
Actions taken by the City since passage of the 1994 budget require
certain corrections in order that the budget continues to
'accurately reflect the financial operating plan of the City.
Hr. Hanna stated that the actions that have taken place to this
point, need to be addressed formally in the budget, and a majority
of them have, in fact, been heard by full Council earlier on as
they relate to the approval of contracts or other action. He
directs the Councilts attention to pages 75-76 of their packet
where the different items that are being addressed in this
ordinance are summarized. Mr. Colvln asked if the $250,000 amount
shown on "Request No. 94-1a, Roosevelt Capital" was that the amount
the City received on the Roosevelt Field transaction? Mr. Hanna
stated no, that the fund involved in Request No. 94-1a is the
Roosevelt Capital Asset Fund, and that adjustment changed the
budget to allow for the acquisition of what is commonly known as
the "Salvation Army property" at the corner of 2nd Street and
Washington Avenue. Hr. Farr asked Mr. Hanna to explain '*Request
No. 94-11, General Facilities, FourthStreet Building". Mr. Hanna
stated that what this represents is that in 1991 when the Fourth
Street Building was purchased, bonds were issued to finance both
the purchase and a certain amount of renovation of the structure.
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When the 1994 budget was prepared, the City estimated that $275,000
of those unspent bond proceeds would be remaining January 1994, as
it turned out, more work was accomplished and more money was spent
in the last quarter of 1993 than was estimated. For that reason,
this adjustment is adjusting down the beginning 'cash, and the
authorized capital expenditure on the Fourth Street budget to bring
the allocated budget capacity in line with the remaining unspent
bond proceeds. Mr. Overson asked if the $35,000 shown for
"Demolition" on page 77 was the total for the demolition or is a
subsequent one coming through? Mr. Hanna stated that that was the
preliminary estimate, and like any estimate for demolition, that
may or may not get the job done. If there are no ugly surprises,
then that is a fairly good estimate of demolition costs. Mr-
Overson stated the building is still there. Is that because we
need more funding, because we had a proposal before us for
demolition and construction of the parking area, and I thought that
was already in process. Are you saying that is still happening?
Mayor Hotton stepped in to explain that there was an underground
oil storage tank found that had some sort of a leak problem. Right
now, they are doing remediation on the oil problem, and until that
portion is settled, we won't take the building down. The budget
for taking the building down and putting in the parking lot is the
same. The only thing that has changed is the time-frame to do the
remediation on the oil problem, and the Bremer Trust is taking care
of the problem per the agreement. Robert ackerman asked about the
oil leaking and the contaminated dirt, would it add to the cost?
Mayor Hotton stated that all of the oil problem, and all of the
dirt surrounding the oil problem would be taken care of by the
Bremer Trust, that financial obligation will not be borne by the
City. They are handling all of it. The only money that we are
talking about is for the demolition of the building to replace it
with the parking lot. Roy MoGinnis questioned the statements made
by Mr. Hanna concerning funds taken from the Roosevelt Field fund
to purchase the Salvation Army property. He was under the
impression that funds from Roosevelt Field were only to be put into
a trust for the new Sports Complex. Why are we using the money to
purchase the Salvation Army property? Mr. Hanna stated there was
considerable debate concerning using the funds from the Roosevelt
Capital Asset Fund to purchase the Salvation Army property. It was
Council's decision to go forward with the purchase of the property
and this adjustment simply provides the budgetary capacity
necessary to carry out that purchase. Mr. Colvln stated that Mr.
Hanna might point out that those assets still belong to the
Roosevelt Capital Asset Fund, its just amatter of where you have
your money. Mr. Overson further explained that the intent is to
combine this real estate with the present real estate that the City
owns, and to make it a more "marketable package", as an income
vehicle. This real estate will be turned into more income, which
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#0756
will there upon go back into the Roosevelt Capital Asset Fund to
reimburse the cost of the purchase and add to the income for
replacing the Roosevelt Field. We eliminate a problem, the ancient
building on the waterfront, we increase the value, and thereby the
income to the Roosevelt Field fund through this process. Mr-
Neville pointed out that Mr. Overson is referring to the old
Bremerton Lumber sight. Mr. hckerman asked if the City will pay
back interest on the money that they borrow, and if yes, how much?
Mr. Hanna stated that yes, interest will be paid as required on any
inter-fund loan. In this particular case, he believes the rate is
5.5%.
M/S/C/U(Overson/Colvin)
reading.
motion to approve ordinance on first
7D - ORDINANCE (FIRST READING) AMENDMENT TO MTO (MODEL TRAFFIC
ORDINANCE) REFERENCE UNDER TITLE 10 BMC, ADOPTING CHAPTER 308-330
OF THE WASHINGTON ADMINISTRATIVE CODE, #AB94-112
The State legislature has provided that Chapter 46.90 RCW (Model
Traffic Ordinance) will expire on July 1, 1994, and the provisions
of the Washington Administrative Code have been readopted in the
Washington Administrative Code in Chapter 308-330, which will
become effective on July 1, 1994. The proposed amendment makes the
necessary changes to correctly reference the Washington
Administrative Code in our Bremerton Municipal Code. Ms. Mills
summarized, that if Council does not adopt this ordinance, because
the previous RCW is no longer going to exist, we simply will not
have much of our criminal infraction code to enforce when it comes
to police officers out in the field enforcing vehicle violations,
and until we adopt this, we simply don't have anything, or it is
not complete.
M/S/C/U(Overson/Neville) motion to approve ordinance on first
reading.
7E - ORDINANCE (FIRST READING) AMENDMENT TO BASE PENALTIES FOR
BICYCLE/SKATEBOARD INFRACTIONS UNDER BMC 10.12.040, #AB94-113
Under Substitute Senate Bill 6006, the Washington State Supreme
Court was authorized to provide an increase to the monetarypenalty
for each infraction by $10.00. The $10.00 increase is to be
directed to the Judicial Information Service Account, which is to
provide for an adequate level of judicial information services.
The Supreme Court has added a $10.00 assessment on the base
monetary penalty for each infraction. While the infractions
penalties for all State law violations have increased as of May 1,
1994 by $10.00, penalties on local ordinance infractions (other
than parking infractions) have not changed, but will also be
subject to $10.00 assessments to be paid to the JIS fund as of June
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9, 1994. In order to offset this amount to be paid to the JIS
fund, the proposed ordinance increases base penalties for bicycle
and skateboard violations under BMC 10.12.040 by approximately
$10.00. Any defendant found to have committed an infraction will
be required to pay the base penalty, plus 90% assessments, unless
otherwise ordered by the court. Ms. Mills explained that the
legislature granted the court the authority to increase penalties
by $10.00, and that is what the court did. Not only does the base
penalty increase, but when an officer is out in the field and he
cites a citizen for $35.00, for example, 90% is added on to that by
the state, so then that fine actually turns out to be $66.00.
There are a number of local ordinances such as the Bicycle/
Skateboard Ordinance, Animal Control Ordinance, and Garbage/Refuse
Ordinance and those penalties have not been increased. We need to
take local action to increase those base penalties so that we
recoup our costs for the $10.00 that needs to go to the JIS fund.
Language has also been changed to show that there must be a base
penalty charged. Mr. Overson pointed out to the public what the
State has done to them. They have added $10.00 to every
infraction, which will go to the State's Judicial Information
System (JIS). Its going to cost you more, so Council must provide
for it in the ordinance. Mrs. Fits explained that Council is just
talking about the fines and the penalties, NOT changes to the
ordinances. Jack Lefcoski stated that he had little faith in this
JIS fund or whatever else Olympia was going to do with this
additional $10.00 per infraction. Mr. Overson requested that Ms.
Hill give a quick review of where these funds are going to go and
why we should all feel happy that we are going to have this JIS
system. Penny Hill, Municipal Court Services Manager, explained
that we are going to be very happy to have this system. This
$10.00 assessment will go to fund a state-wide computer system
called "Discus". It is now full, there is no room for any other
courts to come on. They have a waiting list of approximately 40
courts waiting to get on the state-wide computer system. We should
know probably this month sometime when our tentative target date
will be, and I'm expecting that to be about this time next year.
A state-wide computer system will enable us to access an
individual's record throughout the entire state for any court who
is on Discus, allowing a court to apply the appropriate penalties.
This fund will be assessed and sent monthly to the state as we do
our penalties now. Mr. Winters asked how long the City has been on
the waiting list to get on this system. Ms. Hill indicated it has
been a little over a year now. She does not believe that a court
has been added for the last 2, to 3 years.
M/S/C/U(Fitz/Colvin) motion to approve ordinance on first reading.
7F - ORDINANCE (FIRST READING) AMENDMENT TO BASE PENALTIES FOR
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#1270
ANIMAL CONTROL INFRACTIONS UNDER BMC 7.05.200, #AB94-114
Under Substitute Senate Bill 6006, the Washington State Supreme
Court was authorized to provide an increase to the monetarypenalty
for each infraction by $10.00. The $10.00 increase is to be
directed to the Judicial Information Service Account, which is to
provide for an adequate level of judicial information services.
The Supreme Court has added a $10.00 assessment on the base
monetary penalty for each infraction. While the infractions
penalties for all State law violations have increased as of May 1,
1994 by $10..00, penalties on local ordinance infractions (other
than parking infractions) have not changed, but will also be
subject to $10.00 assessments to be paid to the JIS fund as of June
9, 1994. In order to offset this amount to be paid to the JIS
fund, the proposed ordinance increases base penalties for bicycle
and skateboard violations under BMC 10.12,040 by approximately
$10.00. Any defendant found to have committed an infraction will
be required to pay the base penalty, plus 90% assessments, unless
otherwise ordered by the court.
M/S/C/U(Neville/Fitz) motion to approve ordinance on first reading.
7G - ORDINANCE (FIRST READING) AMENDMENT TO BASE PENALTIES FOR
GARBAGE/REFUSE INFRACTIONS UNDER BMC 6.04.160, #AB94-115
Under Substitute Senate Bill 6006, the Washington State Supreme
Court was authorized to provide an increase to the monetarypenalty
for each infraction by $10.00. The. $10.00 increase is to be
directed to the Judicial Information Service Account, which is to
provide for an adequate level of judicial information services.
The Supreme Court has added a $10.00 assessment on the base
monetary penalty for each infraction. While the infractions
penalties for all State law violations have increased as of May 1,
1994 by $10.00, penalties on local ordinance infractions (other
than parking infractions) have not changed, but will also be
subject to $10.00 assessments to be paid to the JIS fund as of June
9, 1994. In order to offset this amount to be paid to the JIS
fund, the proposed ordinance increases base penalties for bicycle
and skateboard violations under BMC 10.12,040 by approximately
$10.00. Any defendant found to have committed an infraction will
be required to pay the base penalty, plus 90% assessments, unless
otherwise ordered by the court. Ms. Mills explained that under
this ordinance, for the "Additional Convictions for Same Violation
in Excess of Three", under section 4 (page 147 of Agenda Packet)
that the fine used to be $500 per day. This was changed to $250
per day because the maximum that any jurisdiction can impose for an
infraction is $250 base penalty amount, and that needs to be
altered.
#1290 M/S/C/U(Farr/Colvin) motion to approve ordinance on first reading.
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7H - ORDINANCE (FIRST READING) AMENDING THE PENALTIES FOR VARIOUS
CRIMINAL ACTS~ AND AMENDING BMC TITLE 9A. ~AB94-116
Substitute House Bill 1544, effective July 1, 1994, provides that
punishment under any criminal ordinance for the City shall be the
same as the punishment provided at State law for the same crime.
Currently, the Bremerton Municipal Code contains certain crimes
that exist in State law, but provides for different penalties. In
order to be in compliance with SHB 1544, the following changes must
be made:
BMC 9A.20.020: Leaving children unattended in an automobile
should be amended from a misdemeanor to a gross misdemeanor.
BMC 9A.20.030: Supplying tobacco to a minor should be amended
from a misdemeanor to a gross misdemeanor.
BMC 9A.40.020: Obstructing a law enforcement official should
be amended from a misdemeanor under the BMC misdemeanor to a
gross misdemeanor. The proposed change also provides for a
new definition of "law enforcement officer" to include public
officers responsible for enforcement of fire, building',
zoning, and safety codes.
MrS. Fitz wanted to express her opinion that the charge for leaving
children unattended in an automobile should be a felony rather than
a gross misdemeanor.. President Huff-Menees answered a question
from the audience that in this case, a "minor child" is considered
to be the age of 12 and under.
M/S/C/U(Fitz/Colvin) motion to approve ordinance on first reading·
71 - ORDINANCE (FIRST READING) AMENDMENT TO THE PENALTY FOR THE
ACTS OF PROSTITUTION, PATRONIZING A PROSTITUTE AND PERMITTING ACTS
OF PROSTITUTION - BMC 9.24, #AB94-1I~
Substitute House Bill 1544, effective July 1, 1994, provides that
punishment under any criminal ordinance for the City shall be the
same as the punishment provided at State law for the same crime.
Currently, the Bremerton Municipal Code contains the crimes of
prostitution, patronizing a prostitute, and permitting acts of
prostitution. These acts under State law constitute misdemeanors,
and carry a maximum fine of $1,000.00 and maximum jail timeof 90.
days· The penalties in the BMC currently allow for 90 days in
jail, but only a $300·00 maximum fine. In order to be in
compliance with SHB 1544, the BMC should be amended to eliminate
the maximum fine of $300.00, thereby increasing the maximum fine to
$1,000.00·
The proposed ordinance repeals BMC 9.24.030 "Promoting Prostitution
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Designated and Prohibited" because such conduct is a felony under
State law and therefore such acts should be filed through the
Kitsap County Prosecutor.
Additionally, proposed BMC 9.24,020 amends the prohibited conduct
to include offering to engage in sexual conduct in return for
payment of a fee. The ordinance currently only addresses engaging
in or agreeing to engage in such conduct.
BMC 9.24.020(b) is amended to correctly refer to RCW 9A.44,010(2)
for definitions of "sexual conduct".
M/S/C/U(Colvin/Farr) motion to approve ordinance on first reading.
With no further business meeting adjourned at 8:12 P.M.
President Huff-Menees wanted to remind everyone that there will be
a Study Session Monday, June 6, 1994, at 6:00 P.M., and everyone is
welcome to attend.
KATHLEEN L. McCLUSKEY, City Clerk
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