HomeMy WebLinkAbout06/23/93TAPE #1117 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
JUNE 23, 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, June 23,
1993, at 5:30 p.m., with Council President Eileen Fitz
presiding. Council members present were Lon Overson, Richard
Neville, Hank Waibel, C. R', "Tiny" Collins, Morris Dawkins.
Council members Al Colvin, Russ Johnson and Lynn Horton were
absent. Also present were City Attorney Ian Sievers and Deputy
City Clerk Gil Johnson.
The meeting opened with the Pledge of Allegiance led by
Council President Fitz and Invocation given by Reverend Ernie
Grames, Pastor to Senior Citizens at Cross Roads Neighborhood
Church.
President Fitz announced the absence of Council members
Colvin, Johnson and Horton was due to their attending the
annual Association of Washington Cities Conference in Yakima,
Washington.
CONSENT AGENDA
A. Minutes of Meeting -- June 2, 1993 #AB93-116
#0031
M/S/C/U(Waibel/Collins) to approve the 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.
#0048
M/S/C/U(Waibe1/Collins) June 23, 1993, the Council does
approve for payment those vouchers included and further
described as follows: 167344 through 167478 in the total
amount of $157,385.72; and Regular Payroll for the period
ending June 15, 1993, in the total amount of $530,246.08
COUNCIL MEMBER REPORTS
Mr. Neville stated he was pleased to hear, on Tuesday evening,
the concerts back in Evergreen Park.
PUBLIC RECOGNITION
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Larry Stone, Secretary of the Ad Moc Advisory Committee, read
into the record the following letter:
"The above committee, created by Council Resolution # 2401,
worked diligently through seven months in an effort to justify
the confidence expressed by our appointment to this
responsible task.
Contrary to repeated advice, we chose to believe creation of
the Committee was a sincere Council effort to seek
governmental improvement. Council actions, since receipt of
our report, show that we were naive in that belief. Our
disappointment has already been made evident to the Council.
Our work, done with the highest degree of professional
objectivity, was deserving of thoughtful, timely
consideration. We do not believe that has been, or will be
forthcoming. Therefore, in view of our commitment to the
recommendations presented to you, we find no alternative but
to tender our resignation as a Committee and direct our
efforts toward more expeditious avenues.
Signed: Vince Jones, Laurence Stone, Barbara Boyd, Marlyn
Carlson, Betty Griggs, William Amo, Delbert Knauss, William
Clarke."
President Fitz asked Mr. Stone if the Committee's resignation
meant that they would not be part of future discussions on the
Committee's proposed revised City Charter? Mr. Stone stated
he presumed that would be the case.
Richard Chrisinger, concerned citizen, Past Commander VFWPost
3694, Past President Of NACCCA (National Association Of
Civilian Conservation Corps Alumni) Chapter 145, thanked Mayor
Mentor and the City Council for the endeavors he has had the
privilege to enjoy over the past seven years he has lived in
the City of Bremerton. He bid farewell to everyone as he is
moving his residence to Springfield, Missouri. He reported he
also serves on NACCCA Advisory Committee to the National
President Lloyd Mielke, St Louis, Missouri, for the "I Am A
CCC Boy" program. NACCCA as a whole are trying to bring the
CCC's back as they were during the 1930's. A letter has been
sent from the NACCCA organization to President Clinton asking
for his support on behalf.of the Senator Boren Bill 233 for
re - establishment of the CCC Program. His one last wish as he
leaves Bremerton is his being able to get the USS Missouri
moved to the State of Missouri. President Fitz wished Mr.
Chrisinger farewell and hopes he enjoys himself in Missouri.
Victoria Pratt, owner Tots & Teddy's Day Care, stated she is
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before Council to discuss the problem of the zoning of day
cares in Bremerton. The Cityts zoning laws state that day
cares must have a parking lot for the in-home day care. As a
resident, there is no place to put a parking lot for the day
cares. Consequently, day cares are shutting down because they
cannot afford to keep them open because they cantt have the
children. Parents are going to end up on welfare and ones
that are on welfare will have to quit school and jobs because
there are not enough day cares to care for their children.
The reason she is having to shut down is that she cantt put in
a parking lot for the parents, who do not use a parking lot
for drop off and pick up. She has seen day care centers with
only two parking places that are not legal, yet the in - home
day cares are required to have at least five parking spaces
for up to 12 children. She was told she had to come to
Council to either have the zoning law rescinded or changed in
order to get the special permit in order to raise the number
of children at in - home day cares. She emphasized it is not
cost effective to have a maximum of six children in the day
care and such a day care cannot survive. Most of the children
in in - home care are "state" children and the care givers are
paid under $10.00 per day for their care and they take more
than that amount for food alone. Good day cares are hard to
find and if something isn't done about the zoning laws or
being able to work around them, this area will lose a lot of
day cares and that is a lot of income for Bremerton in the way
of taxes, special permits, etc. She has been in the day care
business for six years and did not want to see her day care
shut down.
Lisa Socia stated she was speaking in support of Victoria
Pratt's proposition to work with the City to bring about a
change in the zoning law. Currently, she is attending college
and is a mother on welfare, who uses Mrs. Pratt's day care.
She is only eight weeks away from obtaining her College Degree
and if her day care is shut down this could keep her from
achieving her goal of obtaining that Degree. Mr. Overson said
he was not sure why Council was hearing this concern
considering the fact that such an issue is handled through the
Planning Department. He emphasized it is not Council's
function to change those regulations and must come through the
City staff process. He suggested the Planning Department be.
contacted for further assistance on this matter. Mrs. Pratt
explained she had contacted the Planning Department. Mr.
Waibel questioned if a new State requirement had come about to
generate this concern. Merilynn Erhart, Council Legislative
Assistant, explained the State is now allowing more children
to be housed in in - home day care centers, however, the City's
zoning law is more restrictive, so there is a conflict.
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Gordy Byrd, P.O. Box 930, reported as of this date he has
collected $15,892.80 for his Byrd's Nest Shelter for the
homeless. He was pleased to announce car wash fund raising
events for his proposed shelter will be held at K - Mart, in
east Bremerton, on July 10, starting at 10:00 AM and at Pizza
Hut on July 17th.
Laura Sutton, 11715 Travera Trail, Port Orchard, stated she
also wished to speak to the concern of in - home day cares being
closed down due to the City's zoning law. She currently works
as an office assistant for the Office Of Womens' Programs at
Olympic College and a class that they offer is called Women In
Transition. If it was not for the private home day cares,
most of the women in that program could not attend the class
or attend classes at Olympic College. Most of those students
depend on private home day care and the licensed day care is
needed because DSHS would not cover and help pay for their
child care if it was not licensed, however, day cares cannot
get their licenses renewed without this Ordinance being met.
One of the requirements being enforced is two drop off points
.in front or behind the day care. She emphasized most parents
would not drive up and "drop off" their 5 - 6 - 7 year old
children. She personally walks her son to and from the front
door of the day care every day. If it was not for Victoria
Pratt's day care she would not have been able to complete her
Degree, to continue her education at Western Washington or be
able to have her job. President Fitz questioned if Ms. Sutton
had contacted Mayor Mentor. Ms. Sutton explained Mrs. Pratt
had contacted the City's Planning Department and was going
through that process. Mr. Overson stated Council is
interested in such issues and appreciates the input but he did
not want the speakers on this issue to think that this was the
process to end all. Mr. Collins stated since Council's
Administrative Assistant indicated there have been some
changes to State rules maybe it would be a good idea if the
Planning Department briefed Council at the next Study Session.
Mrs. Erhart explained following several phone calls on this
same issue, Don Pratt, Director of Community Development, was
contacted and has offered to meet with the day care operator
group to talk about their concerns, the City's zoning laws and
see what can be worked out. Following such a meeting, Mr.
Pratt could then determine the best method of bringing this
issue before Council, either through a Study Session or
information packet.
Don Larson, 135 Rainier Avenue, reported the Washington Scuba
Alliance Directors were invited by the Pacific Science Center
to preview their new IMAX film titled "Titanica". He found
this film to be fascinating and the closest thing to diving
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without actually getting wet. During filming of that movie 28
life forms were found on the Titanic, which came as a surprise
considering the Titanic is located 2 1/2 miles below the
surface of the water. He referenced a presentation made at
last week's Council meeting by David Peters of the Kitsap
County Solid Waste Department, regarding giving senior
citizens a break in their garbage service. Mr. Larson has had
a long running dispute with Brem - Air over what is meant by
"minimum" garbage service. He noted Brem - Air likes to charge
the maximum rate instead of the minimum rate and that causes
some problems. If State law is complied with, which is the
Waste Not Washington Act, you reduce, reuse, compost and
recycle, resulting in not needing a full size can for garbage
collection. He believes Brem - Air has ignored his letter on
this issue, and emphasized they should not do that per the
City's contract.
The following individuals stated their opposition to the
placement of basketball hoops at the tennis courts located at
llth and Broadway Avenue:
Cal Baines, 1202 Broadway Avenue; Robert Pennington, 1205
Broadway Avenue; Jim McGill, 1208 Broadway Avenue; and Bill
Kersting, 1220 Broadway Avenue,
Concerns:
(1) If gang confrontations are happening in an enclosed area
like the YMCA, think what could happen in an open air
situation, if such confrontations occurred, near densely
populated residential neighborhoods.
(2) A Change Of Use poster or notification should have been
circulated through the neighborhood so the residents in that
area could have been apprised of what was planned.
(3) If the City still wants to put basketball courts in that
area, a public meeting with the residents need to be held.
(4) If any personal harm comes to Mr. Baines, his family or
his property, he will hold the City of Bremerton responsible.
(5) Traffic congestion is already heavy in the Broadway Avenue
area and basketball courts would draw young people who drive
faster than local residents and with less caution.
(6) Increased noise level due to added traffic, loud music and
people screaming "basketball" all evening.
(7) Possible increase in crime and drug dealing.
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(8) Will decrease the quality of living for everyone in the
neighborhood and possibly bring down property values.
(9) Concerned with added traffic affecting the safety of small
children in the Broadway Avenue neighborhood.
(10) In the immediate vicinity of the tennis courts there are
four families with 17 children, with eight of those children
being under the age of 6.
6A - CONTRACT AWARD -- AIR CONDITIONING (FIRST FLOOR, NORTH
SIDE OF CITY HALL, #AB93-117
Using its Small Works roster, the City has requested and
received a proposal to install air conditioning on the first
floor, north (4th Street) side of City Hall. The proposal was
requested as an emergent employee health and working
conditions issue related to the upcoming 4th Street LID
project. During the project construction, all windows and
doors on the 4th Street side of the building will have to
remain closed because of contractor equipment noise and dust
conditions that will exist. The timing of the project (July
through September) are the warmest months of the year.
Currently, when outside temperatures exceed 60 degrees, it is
necessary to open all windows and doors and turn on all
available fans in offices and work spaces to maintain a
modicum of air movement. This proposal provides air
conditioning for Administrative Services and the Mayors
offices. Proposed project cost is $30,000.
Mr. Overson asked for an explanation of legal controls on CR
General 103 fund? Mr. G. Johnson explained the CR General is
a dedicated fund for capital improvements and maintenance to
City owned facilities requiring the approval of City Council.
Mr. Dawkins stated there is no doubt that the proposed section
of City Hall needs air conditioning and as long as the City
has funding available he supports moving ahead with such a
project.
Public comment - none.
Mr. Neville stated he is in favor of this proposal, however,
he questioned if the Administration would come back in another
year and request the back half of City Hall be air
conditioned? Mr. G. Johnson stated City Hall by and large
will be fully air conditioned with the exception of a full
system in the Police Department. At the present, time the
Police Department Records Section, Police Chief's Office and
Detectives Division are air conditioned through the use of
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window air conditioning units.
#1086
M/S/C/U(Neville/Dawkins) motion to award contract. to Ray's
HVAC as to specifications in the amount of $30,000 for first
floor of City Hall air conditioning..
6B - BREMERTON COMMUNITY ACCESS TELEVISION (BCAT) CABLE
CASTING RULES AND PROCEDURES, #AB93-118
In May 1987, City Council adopted BCAT Cable casting Rules and
Procedures. These procedures outline general operating rules
of Bremerton Community Access Television. During the ensuing
six (6) years, there have been administrative, operational,
and legal changes necessitating a re - writing of the Rules and
Procedures. Attached are the proposed new Rules and
Procedures. The proposed rules have been approved by the City
Staff, Cable Communications Advisory, and endorsed by the City
Council Operations.
Mr. Neville stated he serves on the Cable Access Advisory
Committee and this proposal has been reviewed by that
committee. He noted Patrick Hirsch, Cable Access Manager,
undertook a monumental task to reduce a very large document
that was given to all Committee members and Access volunteers
into a good workable document. Both the Committee and he
heartily support the proposal as presented.
Public Comment - none.
Mr. Waibel noted under section 3.2 General Rules, smoking is
not allowed unless cleared by staff. Because of what affect
smoking has on equipment as well as the adverse affect it has
on people, he suggested banning smoking in the areas of the
studio, studio van, edit bay or other areas. Patrick Hirsch,
Cable Access Manager, stated the only reason that section is
worded in that manner is that sometimes in the pursuant of a
production they may be used as props and they wanted to have
them available for "on set" if there was a need. Smoking is
not allowed behind cameras. Mr. Waibel suggested adding the
wording: "Users are prohibited from eating, drinking or
smoking while in the studio, studio van, edit bay or other
areas unless cleared by staff unless used as props".
Mr. Overson stated it is his understanding that this proposal
documents the existing policy, procedures and rules. Mr.
Hirsch stated it modifies them and what they had previously
was two documents, a Rules and Procedures document, which was
drafted and used by the Cable Communications Advisory
Committee and a Volunteer Handbook. There was some redundancy
between those two documents, but there was not one document
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that told operation policies. His main concern in drafting
the new document was to put something together which takes
care of the liability issues, describing that they provide a
service and equipment and yet there was lack of language
regarding who was responsible and they want the users to be
responsible to respect the equipment and facilities and cover
the City's TCI's, and BCATC's collective interest. The new
document basically took the best of both documents and the
latest precedent in regards to FCC and First Amendment Rulings
as it regards Access operation. Mr. Overson stated he noted
it includes disclaimers and grievance procedures. He asked for
a description of the differences in services with BCAT before
and after this document. Mr. Hirsch stated essentially the
grievance procedures have been unchanged and a user, who might
file a grievance would clear it with staff first and if they
were not satisfied with the staff response they could pursue
it to the Cable Communication Advisory Committee (CCAC). Mr.
Overson questioned if the whole organization would continue to
run the same as it is? Mr. Hirsch stated yes, in terms of the
grievance procedures and their original intent.
Mr. Dawkins congratulated Mr. Hirsch on a job well done in
condensing what existed into a more readable document.
#1336
M/S/C/U(Waibel/Neville) motion to adopt the proposed Bremerton
Community Access Channel Cable casting operating Rules and
Procedures.
President FitZ read into the record all of Section 8.2 -
Political Candidates And Issues and 8.3 - Political
Announcements as they related to pubic access televising.
With no further business meeting adjourned at 6:22 P.M.
KATHLEEN L. McCLUSKEY, City Clerk
EILEEN FITZ, Council President
City of Bremerton
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