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HomeMy WebLinkAbout10/13/93TAPE #1141 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES October 13, 1993 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, October 13, 1993, at 6:00 p.m., with Council President Eileen Fitz presiding. Council members present were Long Overson, Richard Neville, Lynn Horton, Hank Waibel, C. R. "Tiny" Collins, Morrie Dawkins, Al Colvin and Russ Johnson. Also present were Acting City Attorney Leila Mills 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 the Ebenezer African Methodist Episcopal Church. President Fitz announced the Council meeting was starting 30 minutes later this week than normal due to an Executive Session on potential litigation that was held from 5:00 - 6:00 P.M. CONSENT AGENUA A. Minutes of Meeting - September 29, 1993, #AB93-196 #0016 M/S/C/U(Horton/Colvin) to approve Consent Agenda as presented. CLAIMS/WARRANT 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. #0035 M/S/C(Colvin/Dawkins) October 13, 1993, the Council does approve for payment those vouchers included and further described as follows: 170065, 170066, 170087 through 170274 in the total amount of $716,216.23. COUNCIL MEMBER REPORTS Mr. Neville reported he attend POWER's meeting on October 7 and the emphasis coming from that meeting is people trying to find solutions to problems having to do with racism and/or gangs. He urged the citizenry to get involved and to attend such meetings. He attended Kitsap Party on Saturday evening and on Sunday evening he spent about four hours on a fire TAPE #1141 City Council Reg. Mtg. Minutes October 13, 1993 Page 2 of 14 watch at the Pendergast Regional Park site. He extended a special "thank you" to all of the volunteers who are assisting with the fire watch during the clearing and burning process. On Tuesday, October 12 he attended a meeting sponsored by Kitsap Community Action Program (KCAP) that had to do with an issue that concerned a neighborhood in his district. The result of that meeting brought a joint effort to resolve the problem between the City, citizenry and KCAP. He wished his wife a "Happy Anniversary". Mrs. Horton announced during the City Council meeting of October 20 there will be a Public Hearing on the proposed sale of Brem-Air Disposal Inc.. Council also has scheduled a Study Session for Monday, October 18, 6:00 P.M., on the potential sale of Brem-Air. She encouraged public attendance at both of these meetings and if that is not possible, she suggested letters be written and sent to the City Council office. Mr. Collins requested Mayor Mentor to give his personal thanks to his staff and Mr. Muncey of Safe Streets for the report on graffiti. He also was pleased about the use of community service workers to paint out graffiti throughout the community. He emphasized he has seen more graffiti go away in the last two weeks than he has seen for a long time. Mr. Dawkins reported he also spent some time on fire watch at the Pendergast Regional Park site on Sunday. He believes people will be amazed at the size of the area once the trees and brush are cleared off that site. Mr. Colvin reminded everyone Council District # 1 Coalition meeting is October 28th, 7:00 P.M., at the Sheridan Park Recreation Center. During that meeting, there will be a presentation made on Proposition # 1 - change in form of government. He thanked City Attorney Ian Sievers for his clarification on the extent of Council members participation on Proposition # 1. He questioned if he was correct in his understanding that Council members cannot use Council facilities to discuss Proposition 17 Leila Mills, Acting City Attorney, stated Mr. Colvin was correct. He questioned if that would apply if a citizen called a Council member in the City Council Office? Mrs. Mills stated other than some very basic information such as any dates of public discussions on that issue should be responded to over his home phone, not from any City facilities. Mr. Colvin extended his condolences to the family of Hank Clark, an activist in District # 1 and a volunteer on Mr. Colvin's campaign, who recently passed away. TAPE #1141 City Council Reg. Mtg. Minutes October 13, 1993 Page 3 of 14 Mr. Johnson stated he would be glad when Kitsap Way construction project is completed. He wished directional signs would be placed so that people could get into the proper lane before getting locked into the traffic backup and find out they are in the wrong lane. Mrs. Fitz announced on October 26, 7:00 P.M., at the Kitsap Regional Library on Sylvan Way, Mr. Henry Mincey will be talking about Safe Streets, along with Ms. Joann Miller of Olympic College Multi-Cultural Center, Reverend Sam Rachal, Jerry Reid and Police and US Navy representatives. The topic being addressed is taking a stand and let your concerns and solutions be heard, organization neighborhoods and take steps for a safer community Mr. Mincey will be coming before the City Council within the next couple of weeks to make a presentation. Today, she attended the Kitsap Regional Planning Council and one thing of interest from that meeting is that CENCOM's budget was presented and approved, with Bremerton's contribution to be approximately $25,000 more in 1994than 1993. We must keep in mind that with some of the propositions on the ballot everything could change, so they are keeping those thoughts in mind when talking about budgets. She displayed an orange button she was wearing that reflected October as National Family Sexuality Education Month. She noted people do not like to talk about sexuality, but there will be places where families can obtain information regarding teen sexuality and AIDS. There is a big concern about the increasing number of young girls getting pregnant, so both boy and girls need to be talked to by their families. If the issues of teenage pregnancy and sexually transmitted disease are going to be resolved, we need to talk to our children, they need to be instructed and the best way to do that is through the family. PUBLIC RECOGNITION Mayor Louis Mentor reported he was also wearing his orange button and flu shots were also given at the Kitsap Regional Planning Council meeting. He reported road work is progressing on Kitsap Way. He attended a regional meeting in Sequim last week and he encountered construction on roadways all the way between Bremerton and that area. Work has progressed on the 4th Street L.I.D. project to the point that brick pavers are being put in place in front of the Roxy Theater. On Monday he hosted some Japanese visitors from a town outside of Mt. Fuji, who came to Bremerton to see what was happening in this area. That group had already visited New York, Washington D.C., Los Angeles, Las Vegas. He attended Kitsap Party on Saturday evening and was pleased to report $65,000 was raised for local charities. He was TAPE #1141 City Council Reg. Mtg. Minutes October 13, 1993 Page 4 of 14 fortunate to be one of the judges at that event and was pleased to report several Bremerton businesses awards ...The Keg, Sizzler, Olympic College, Stuart Anderson's and Taco Bell. He announced the Senior Fair will be held on Saturday, October 16, at Sheridan Park Recreation Center. He reported the City has a good chance of getting some extra funding and staffing to help Henry Mincey in the Safe Streets program. With this additional funding it may be possible to bring in five people to help with the program. Mayor Mentor read the following Proclamations: (1) October 1993 as DOMESTIC VIOLENCE AWARENESS MONTH in the City of Bremerton (YWCA A.L.I.V.E.). (2) October 21, 1993, as INTERNATIONAL CREDIT UNION DAY and recognize Kitsap Federal Credit Union for its continuing interest in the welfare and development of Credit Union members. Ladora Coolidge, Chairman of the Board Of Directors accepted the Proclamation on behalf of the Kitsap Federal Credit Union's Board Of Directors, staff and 58,000 members. She thanked Mayor Mentor and City Council for proclaiming October 21 as International Credit Union Day and for honoring their Credit Union. She extended an open invitation to any Credit Union members, families and friends to visit their seven branches for a Open House next week. Don Larson, 135 Rainier Avenue, President Washington Scuba Alliance, reported the PSNS Salute newspaper had a nice write up about the clean up of Sinclair Inlet that. was held on September 18. He displayed a poster from the Seattle Waterfront Neighborhood that conveyed the message "Don't Splash Your Trash", and the fact that tons of floating debris and garbage threaten our water quality and aquatic life, creates a hazard for boating and soils the picturesque waterfront. Removal of seventy tons of debris from the Seattle waterfront takes place each year. People For Puget Sound are sponsoring a Kids For Puget Sound Day on Saturday October 16. Also on October 16, the Washington Scuba Alliance will have an event at Fort Ward, 11:00 AM (low tide) on the waterfront by the board launch. Activities at that event will include an interpretive beach walk. Coming up on October 29th there will be an underwater and shoreline clean up of Dyes Inlet. Volunteers for that event will meet at the Silverdale Dock at 8:30 AM. The Dyes Inlet clean up has been going on since 1990 and typically 30 cubic yards of trash are collected twice each year out of that area. Don Atkinson, Bremerton Main Street Association, the first of two debates/discussion on matters affecting City government TAPE #1141 City Council Reg. Mtg. Minutes October 13, 1993 Page 5 of 14 was held on October 8th and their second and last will be on Friday, October 15, 6:00 - 7:00 P.M. Proposition # 1 will be discussed and from 7:15 -7:45 P.M., Council candidates from District # 7 will be interviewed. Sponsors of the public forums on this series are Bremerton Main Street, The Sun and the League Of Women Voters. Main Street is working on developing a Christmas Market, which would be the Bremerton Sunday Market resurrected for weekend days in December (4th,5th, llth, 12th, 18th, 19th). It is hoped to locate that market somewhere on 4th Street. Main Street is also working independently and in conjunction with the City on the dedication of 4th Street on a special Santa arrival and tree lighting services on 4th Street and on the boardwalk. Roy McGinnis, 2711 Maple Street, noted Reverend Cleveland Williams, who gave the invocation at the beginning of the Council meeting, is a long time friend of his. Their history goes back to their serving in the Marine Corps together in North Carolina quite a few years ago. He reminded Council that on October 24 the Sinclair Missionary Baptist Church will hold their 50th Anniversary in the City of Bremertcn. He hoped to see members of the Council at that event starting with food/refreshments at 1:30 P.M., followed by finalization of the celebration at 3:30 P.M. 6A - ORDINANCE #4433 (SECOND READING) AMENDING THE 1993 BUDGET, #AB93-195 Public comment - none. #0735 M/S/C/U(Waibel/Dawkins) to pass Ordinance #4433, on second reading, amending Ordinance #4421 relating to the budget of the City of Bremerton for Fiscal Year 1993. 6B - ORDINANCE (FIRST READING) ADOPTING RCW 4.66.44.270, PROHIBITING CONSUMPTION OF ALCOHOL BY MINORS, #AB93-198 BMC 9A.12. 020 currently prohibits the furnishing of liquor to minors or the consumption of liquor by minors under most circumstances. The comparable state law, RCW 66.44. 270 has been broadened, now making it illegal to permit minors to consume liquor on one's premises, with the definition of premises to include houses, buildings, other structures, motor vehicles and water craft. Moreover, it is now illegal for minors to exhibit the effects of having consumed liquor. Under state law, violation of this statute is a misdemeanor. BMC 9A.12. 020 does not define "premises" and does not make it illegal for minors to exhibit the effects of alcohol consumption. It is necessary to adopt the provisions of RCW 66.44.270 to enable police officers to enforce and to cite in Bremerton Municipal Court the provisions of the state law. TAPE #1141 City Council Reg. Mtg. Minutes October 13, 1993 Page 6 of 14 Presently, officers who opt to enforce the provisions of RCW 66.44.270 must charge through Kitsap County District Court. President Fitz questioned if parents would be held responsible if their children had a party at their residents where minors were allowed to consume alcohol? Leila Mills, Acting City Attorney, stated under this statute the parents have in affect allowed their children to consume alcohol. She believed it was up to the parents to assure that such activity did not occur on their premises. This statute actually envisions actually supplying alcohol to the minor, but it does provide for "permitting" any person to consume alcohol on the premises. That is an undefined term "permitting" and it is conceivable that an parent could be held accountable for such activity on their premises. Mrs. Horton questioned what then would happen to the minor under such a scenario? Mrs. Mills pointed out under Section 2 (a) of Senate House Bill #1183, which is the new amended RCW 66.,44.270, it does state it is unlawful for any person under the age of twenty-one years to posses, consume or otherwise acquire any liquor. Mrs. Horton questioned if the penalty would be the same if that person exhibited the affects in public as well as in private. Mrs. Mills stated it should be noted that if the minor is under the age of 18, it would be enforced under the Juvenile Court and not through the Bremerton Municipal Court. Mr. Waibel questioned what happens if the person is between the ages of 18-21, therefore being emancipated but still not allowed to use alcohol nor using it on their parents premises...would the parent be responsible for actions of an 18-19 year old? Mrs. Mills stated she believed so because this statute applies to any adult and not necessary a parent. For example, a minor could go to a 22 year old friends house and the friend allows consumption of alcohol by the minor then that friend would be responsible under this statute. Mr. Waibel again asked if the parent would be responsible if their child, over 18, consumed alcohol when the parents were way from their residence. Mrs. Mills stated the statue does not define what "permitting consumption" is, but conceivable that could be the case. If there are circumstances that suggest that the adult knew or permitted it to some extent then that could be prosecuted. But, at the same time it would have to be something that could be held up in court. Mr. Colvin questioned the responsibility of parents who allow their children to drink beer? Mrs. Mills emphasized that is not permitted under this law. There are only a couple of exceptions where it is allowable for a minor to have alcohol from a parent or guardian to allow consumption on the premises - for medicinal purposes under section (4) and for religious TAPE #1141 City Council Reg. Mtg. Minutes October 13, 1993 Page 7 of 14 purposes listed under section (5). Mr. Collins requested clarification of Section 3: Subsection (1) and (2)(a) of this section do not apply to liquor given or permitted to be given to a person under the age of twenty-one years by a parent or quardian and consumed in the presence of the parent or guardian. This subsection shall not authorize consumption or possession of liquor by a person under the age of twenty-one on any premises licensed under RCW Chapter 66.24. It was his understanding that would mean a person under twenty one being served in a tavern. Mrs. Mills explained the section that refers "showing the effects" is if the minor is in a public place and shows the affect of having consumed alcohol that is impermissible. Mr. Collins stated he did not see that defined in the ordinance. Mrs. Mills directed Mr. Collins to Section 2(b). Mrs. Horton questioned if this means that if a parent were to provide their minor child with alcohol in their ownhome that is not included in this statute as long as the parent watched the minor consume the alcohol? And, would that law apply only if they vacate the premises and exhibit having consumed alcohol? Mrs. Mills stated that was correct, but she stressed under section 2(b) they must be in a public place, must exhibit the affects of alcohol and evidenced by odor of liquor on his or her breath and either: (i) is in possession of or close proximity to a container that has or recently had liquor i it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she is under the influence of liquor. Roy McInnis, 2711 Maple Street, expressed his frustration in not understanding what was taking place during this deliberation. To him the whole statute sounded like "hog wash" to a certain point. He has always been under the impression that minors could not legally drink alcohol anywhere. Now, there appears to be another statute that reinforce what was illegal all the time. What he is hearing now is that a child of his between 18-21 years of age would be allowed to drink alcohol on his premises. He emphasized such action would not happen in his house. He questioned if that 18-21 year old child left his premises after consuming alcohol and was stopped by the Police, would he, the parent, be responsible? Mrs. Mills emphasized according to this law it would be illegal for Mr. McInnis to allow consumption of alcohol on his premises by any minor other than his own child or someone that was under his legal guardianship. Mrs. Horton stated for clarification she believed this proposal was an internal bookkeeping order for the City so that individuals can be charged through the Municipal Court system rather than have it go through the County District Court. #1196 TAPE #1141 City Council Reg. Mtg. Minutes October 13, 1993 Page 8 of 14 M/S/C/U(Johnson/Colvin) to approve Ordinance, on first reading, adopting RCW 66.44.270 relating to minors consuming alcohol and amending Section 9A.12.010 and repealing Section 9A.12. 020 of the Bremerton Municipal Code. 6C - ORDINANCE (FIRST READING) AMENDING BMC 9A.24.220, REGARDING DANGEROUS WEAPONS, #AB93-199 BMC 9A.24. 220 currently prohibits the possession of fire arms in courtrooms, Judge's chambers, or establishments classified by the State Liquor Control Board as off-limits to persons under 21 years of age. The amended ordinance is expanded to prohibit all dangerous weapons, including fire arms. Changes will also include prohibitions as follows: (a) All areas connected with Court proceedings; and (b) Public and private school premises, school provided transportation and other facilities used exclusively by schools. The terms of the proposed amendments incorporates many of the changes recently enacted by the State Legislature in RCW 9.41.280 and 9.41.300. Violations of the ordinance pertaining to school premises and facilities will be classified as gross misdemeanors, while all other violations will constitute misdemeanors. Mr. Waibel stated he understands that the gun lobbyist are veryproud of the fact that the State of Washington Preemptive Fire Arms Law is one of the strongest in the nation and therefore local jurisdictions do not have the ability to respond. He questioned if the proposal wasn't politically incorrect to be sexist in a sense? Leila Mills, Action City Attorney, stated she believes there is a section included in the Bremerton Municipal Code which states that any reference to "he" also applies to "he" and she". President Fitz stated personally, because of her experience working in a school, she feels the penalty for having a gun in a school should be a felony, however, it appears that State law does not recognize that same belief. She would like to convey her feelings on this issue to the State Legislators the next time they go into Session. Mr. Johnson referenced Section 1(b) (1) A courtroom or judge's chamber... he questioned the validity of specifying court waiting areas under this proposal due to the fact that the City's court waiting area is a public hallway? He questioned for clarification if someone could sit out on the bench in the hallway across from the courtroom holding a gun? Mrs. Mills TAPE #1141 City Council Reg. Mtg. Minutes October 13, 1993 Page 9 of 14 stated no, in fact that would be an area directly in connection with the court. Mr. Johnson stated technically the Council Chambers is used on a regular basis for various types of courts...Bankruptcy Court, overflow Courts, Traffic Courts, Police Commissioner Courts, etc. He questioned why couldn't the Council Chambers be posted as well? Mrs. Mills stated if we were to post it, she suggested that it specifically state firearms would be prohibited at the time when this room was being used as a courtroom. It would not apply when it is being used as a Council Chambers. Mr. Johnson questioned if guns would be allowed when classes, on Saturdays, are being held in the Courtroom? Mrs. Mills stated no, due to the fact that room is established as a "Courtroom". Mr. Collins pointed out the proposed ordinances states "corridors" also come under the banning of guns. He emphasized someone would not be allowed to walk down that passageway with a firearm and felt that would mean they could not carry that firearm into the Council Chambers. Mrs. Mills explained the way the ordinance is written it states: "...and corridors adjacent to the above areas used in connection with court proceedings". If there are no court proceedings actually going on, then she felt it was arguable that a person could carry a firearm. The City has an unusual situation in respect to mixing of uses. In many buildings where there are courtrooms it is specifically for court proceedings and nothing else. Mr. Collins questioned what could the State do to the City if we were to write an ordinance that state "no weapons in City Hall, except for the noted exemptions"? Mrs. Mills stated she was not sure what action would be taken by the State, but the laws in Washington regarding firearms are preempted by State law. What the City would affectively be doing would be expanding the scope of the prohibitions that the City is enforcing and would probably violate some constitutional rights of persons who wish to bear firearms. Mrs. Horton stated Council could write a policy saying "our City Policy is no firearms in the building", yet if someone chose to bring firearms into the building and they were arrested, they would be turned loose and the City then sued for false arrest. Mr. Collins stated the City would not have to arrest them, just say "get out". Mrs. Horton stated she did not believe the City had the latitude to do that. Mr. Johnson stated instead of just the ultra liberal interpretation that the City has had, he believes Council could call the Council Chambers a Courtroom or Court associated facility. Mr. Waibel pointed out the City's Attorney stated it was arguable and questioned if it was worth arguing over. Mr. Johnson stated he has sat in the Council Chambers during City Council meetings with irate citizens TAPE #1141 City Council Reg. Mtg. Minutes October 13, 1993 Page 10 of 14 siting in the audience with loaded guns and the Police had to be called. Me did not like being in that situation and he did not want his successor or anyone from the public to have to deal with such a situation. Mr. Colvin questioned if the Council Chambers could be leased to the Court so that it could be designated as a courtroom? Mrs. Mills explained Council meetings are not considered Court proceedings and she believed Council would have a difficult time making their deliberations into a court proceeding. Mr. Waibel questioned if anyone argued the quasi-judicial decisions Council makes as a possible court judicial action. Mrs. Mills emphasized the whole intent of the statute and the way it was formulated by the Legislature intended courts to be courts and they were not envisioning other bodies. Mr. Waibel pointed out that was a special lobbying that created that and he would like for the general public to react to that. Mr. Johnson stated judges do not like to get shot and neither do City Council members. Mrs. Horton pointed out Council's battle is not with the City Attorney, but rather with the State Legislators. Mr. Colvin stated Council needed to either do something about it or stop talking about the fact that guns could be brought into the Council Chambers. Mr. Collins supported action that would stipulate not allowing firearms into City Hall and then see what happens. Mrs. Mills emphasized you'd get into some real preemption problems and she would not advise taking such action due to it being far beyond the scope of what the State law allows. Mr. Waibel stated he believed in good conscious Council could say there are quite a number of quasi-judicial decisions made in Council meetings and the Chambers facility is at times used as a courtroom and finding this as part of our Court system. Public comment - none. Mr. Neville stated Council should not be making light of this proposal and one thing that had not been brought out is the other dangerous weapons. He requested that the section referencing dangerous weapons be read into the record. Mrs. Mills stated in the City's current legislation the prohibition is specifically against firearms, but the State law regarding the court facilities and places associated with court proceedings and school prohibitions, have been broadened to include other dangerous weapons as listed in RCW 9.41.250: "slung shot, sand club or metal knuckles, or spring blade knife, or any knife the blade of which is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens, or falls, or is ejected #1770 TAPE #1141 City Council Reg. Mtg. Minutes October 13, 1993 Page 11 of 14 into position by the force of gravity, or by an outward, downward or centrifugal thrust or movement; who shall furtively carry with intent to conceal any dagger, dirk, pistol, or other dangerous weapons; or explosives as defined by RCW 70.74; any devices commonly known as "nun-chu-sticks" consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope or other means; any device commonly known as "throwing stars", which are multi-pointed metal objects designed to embed upon impact from any aspect; any air guns, air pistol or air rifle designed to propel a BB, pellet or other projectile by discharge of compressed air, carbon dioxide or other gas. Mr. Neville stated also included in the dangerous weapons category are: interpretations of a starters pistol even though it does not project a projectile in any form it still looks like a gun; paint guns that shoot a projectile of paint bullet; and he has also seen a potato gun, which is made out of PVC pipe and shoots a projectile. He emphasized we can't be too safe in our schools, courtrooms and Council Chambers. Mr. Overson stated there are two sides to this, one being the terrible event that someone might actually use these weapons, but the other being that someone in possession of such weapons then has a significant level of intimidation or ability to coerce people that is totally inappropriate particularly in a school environment where the effort is put into getting young people to get along with each other and obey the law. He urged Council to be strong on this issue and keep such weapons out of the hands of people so that no one is injured and to project people from acts of coercion. Mr. Waibel again stated he believed Council should put wording into the ordinance to include the City Council Chambers and then see what happens with enforcement and upholding the legislation in the future. M/S/C(Waibel/Colvin) to approve Ordinance, on first reading, amending the prohibitions of firearms in certain places, to include other dangerous weapons and prohibitions of weapons in school facilities and in all areas connected with court proceedings and amending Section 9A.24.220 of the Bremerton Municipal Code. Mr. Collins questioned if Mr. Waibel intended to include wording in the motion that identified the City Council Chambers as one of the areas to be covered under this ordinance? Mr. Waibel stated he was not making a motion to change the definition. As stated previously, it is his judgement that the City Council Chambers is covered under the ordinance. Mrs. Horton questioned if the motion was amended TAPE #1141 City Council Reg. Mtg. Minutes October 13, 1993 Page 12 of 14 to include wording to say: "...and additionally the City Council Chambers and adjacent hallways when it is used in a quasi-judicial setting", would Council still be on as firm of ground as the proposal states? Mr. Waibel pointed out because of the State's preemption, Council cannot amend the RCW. Mrs. Mills stated in response to the question of including City Council Chambers on the basis of'quasi-judicial proceedings, she would not recommend taking such action because in her analysis of this issue she did not. believe that the courtrooms, as anticipated by the Legislature, included all quasi-judicial hearings. Quasi-judicial hearings are not only in City Council situations, they also come up in arbitration cases and numerous other State administrative hearings and she does not believe that this statute applies to all of those situations. Mr. Waibel stated the same rational that exempts courtrooms though does apply. Mrs. Mills stated it would be the same rational, however, she believes if the Legislature had meant for quasi-judicial situations they would have included it in specific language in the RCW. The language is very clear that they are looking at court offices and areas used in connection with court proceedings. She did not believe if this actually came up for review or someone filed a lawsuit it would be very difficult to find the Council Chambers as a courtroom because of quasi-judicial proceedings that may occur sometimes in that room. The City Council does not sit as a court. Mr. Collins stated he had a hard time with this proposal because this particular piece of State legislation was put together by a bunch of lawyers in the State Legislature in the Legislative Committee, who only know about courtrooms; and they included the court offices. But, Council has a significant number of people who are working employees of the City that in the course of their day get beat up and harassed by irate citizens for a multitude of reasons. He felt with the overall deterioration of what has been going on with drive by shootings and other things, there is a need, whether completely legal or not, for some kind of teeth that says: "defuse the situation Mr. Policeman and we'll worry about whether or not it is legal after awhile". Vote on motion: In Favor: Dawkins, Colvin,Johnson, Overson, Neville, Horton, Waibel, Fitz Opposed: Collins Motion carried. President Fitz encouraged Council members to write to the State Legislators addressing concerns that relate to TAPE #1141 City Council Reg. Mtg. Minutes October 13, 1993 Page 13 of 14 prohibiting dangerous weapons in Council Chambers. Mrs Horton requested the City Clerk, at the time she assembles the package for the legislators in December, to include this issue. 7A - PUGET POWER EASEMENT/PUBLIC WORKS COMPLEX CONSTRUCTION PROJECT, #AB93-197 Primary power for Public Works Complex. Dan Miller, Project Manager Public Works and Utilities Department, stated he was before Council requesting approval for an easement for underground primary electrical service to the new Public Works Complex project, located at 100 Oyster Bay Avenue. He is not under any time constraints at this point due to Puget Power being very cooperative on their side to accommodate the City. President Fitz questioned if she Was correct in understanding that the installation would be "underground" power? Mr. Miller stated yes. Mr. Overson questioned if he understood Mr. Miller's comments that what is being provided is an easement for all access of utilities, not just underground power? Mr. Miller stated no, only a 10 foot easement is being requested for Puget Power to enter onto the property. Mr. Overson questioned if telephone and TV cables would be included in the easement? Mr. Miller stated no, the other conduits are underground but in their separate trenches. Nothing can be included in the high voltage trench with primary power of 40 volts and the other cables do not require easements. Mr. Waibel stated Council has encouraged undergrounding utilities every time easements have come before them and do encourage all other projects to follow through with the same kind of installation. Mr. Johnson stated he had asked that this item be taken out of the Consent Agenda because easements should include public discussion. He noted for the record that the easement was executed before the Agenda Bill was prepared on October 7th and Council had it before them on October 13th. Public comment - none. #2155 M/S/C/U(Horton/Colvin) to approve the easement with Puget Power. TAPE #1141 City Council Reg. Mtg. Minutes October 13, 1993 Page 14 of 14 With no further business meeting adjourned at 7:38 P.M. KATHLEEN L. McCLUSKEY, City Clerk EILEEN FITZ, Council President City of Bremerton KLM/EF/me cc: Normal Distribution File/Vault