HomeMy WebLinkAbout06/09/93TAPE #1113 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
JUNE 9, 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 9,
1993, at 5:30 p.m., with Council President Eileen Fitz
presiding. Council members present were Lon 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 Councilman Al
Colvin.
President Fitz announced Council will adjourn to an Executive
Session following the City Council Meeting and the topic to be
discussed is "litigation".
CONSENT AGENDA - NONE
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.
#0034
M/S/C/U(Colvin/Waibel) June 9, 1993, the Council does approve
for payment those vouchers included and further described as
follows: 166799. 166933 through 167106 in the total amount of
$416,813.89; and Regular Payroll for the period ending 5-31-93
in the amount of $630,398.01.
COUNCIL MEMBER REPORT8
Mr. Waibel stated he viewed Bremerton Main Street's
presentation of the Leland Report and was very impressed by
the change in attitude about downtown Bremerton. He recalls
when he first came on the City Council eight years ago no one
was willing to be first to do anything. Someone in the
presentation stated they did not want to be "the last" to get
into Bremerton. He sees this as "turning the corner" on the
attitude about where is Bremerton!
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Mr. Colvin reported on Tuesday he attended a meeting of some
senior citizens, who reside in east Bremerton. The topic of
that meeting was garbage and a representative from the County
Solid Waste program, Dave Peters, suggested that they write to
him of their concerns and he would make a presentation before
the City Council. Mr. Peters is writing a Recycling Ordinance
for the County and will forward a copy of that document to the
City once it is drafted. Mr. Colvin suggested to those City
residents that they have the right to come before their City
Council and share their concerns. He invited them to attend
the next Council meeting and assured them they would be
treated courteously.
Mr. Johnson stated the only thing he is aware of that the
County is writing is an ordinance for mandatory garbage pickup
in urbanized areas of the County and are now having to face
some issues the City faced 20 years ago. He emphasized a
County ordinance would not affect City residents. He was
pleased to report the folks on the west side of Kitsap Lake,
both City and County residents, have been working together to
get a sewer line installed on the west side of the lake. He
understands the numbers of need participants is larger than
what is required for a U.L.I.D. On Thursday, June 10, a
meeting will be held at Jack Lefcoski's residence and anyone
interested in the sewer line along the west side of Kitsap
Lake are welcome to attend. He extended a special welcome to
some family members who are visiting from the midwest.
Mrs. Fitz reported the Leland Study was presented to the City
Council at the June 7th Study Session. That report was not
one of those big overblown studies that will cost zillion of
dollars to implement. There are lots of things that members
of the business.community and/or property owners in Bremerton
can do - like fixing up facades, painting, offer of financial
help from local banks to assist in exterior and interior
remodeling and it can be done in stages and steps. The Leland
Report calls for a "waterfront village" which she felt was
appropriate because it reminds one of something a little
smaller but with a lot of amenities. She also believes
Bremerton is in the process of having a lot of amenities to
offer in the downtown and if the Leland Report is put into
place and things start happening it will become a much more
attractive place for visitors and will become a real tourist
destination.
PUBLIC RECOGNITION
Gordon Walgren, Lobbyist for the City of Bremerton, stated
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this is the third year he has served the City in this capacity
and is proud to act as their representative. He noted that
"litigation" actions seems to be an ever increasing process
for many municipalities and jurisdictions. Litigation could
have been the same situation in the legislature this year as
it was a very contentious, mean spirited legislative session.
There were lots of bitter words transferred back and forth
from interest groups, citizen groups, legislators, individual
legislators between themselves and it was a difficult session
to accomplish many of the things that were accomplished. He
believed such an environment is true whenever a session is
based where there is a budget shortfall.
The 1993 Washington Legislature was authorized by State
constitutional provision to meet for 105 days. Its' only
mandated responsibility was to enact a balanced biennial
budget. In fact, the legislature met for 116 days after a
failure to pass a budget within the allotted time and only
after the Governor had reconvened the legislature into special
session. The Budget is made up of three parts...new taxes,
new money from existing sources and cuts to derive savings.
The Governor originally proposed a tax on services and that
was argued through the legislature and finally abandoned in
the final days, finally resorting to the traditional taxes
that we now have, an increase in the B&O Tax, a surcharge in
the B&O Tax and extension of Sales Tax to some limited
consumer businesses at this time. Some individuals and
businesses were taxed rather high - 66% being the highest he
was aware of. That tax package, he suspects, is the primary
reason why there will several initiatives considered this
fall.. Initiative 1-601 and 1-602. Initiative 1-602 is the
so called tax roll back measure and seems to be gathering
enough momentum to get enough votes to be placed on the
ballot. Pursuit of the initiatives is brought about by the
frustration of the public for the increases in taxes and the
feelings cuts were not sufficiently made to do the job.. He
noted the various interest groups that he represent, who did
receive those cuts on some of their programs, feel they were
terribly wronged and should never have happened. All who are
involved in municipal government and local government are
going to have to be concerned about this initiative that is on
the way because one of the primary goals of local government
was funding of the Criminal Justice System. That was in doubt
all the way through the legislature and there were a number of
compromises made to get that bill passed and into the budget.
He believes the legislature will be back in session before
this year ends to try to make up any taxes that are cut by
that initiative.
The session started out as one that cities should have been
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concerned about. It looked to him like it was going to be a
difficult session for cities, however, he did not think it
turned out that way mostly because of the victory in the
Criminal Justice Program and number of other items. One of
his responsibilities representing the City of Bremerton is to
look out for particular City of Bremerton issues. A minor
bill, but one that caused difficulty in the City, was the
disabled bill that was finally passed giving cities the
authorityto pass by ordinance reasonable restrictions on
parking in disabled spaces. Mayor Mentor testified before the
Legislative committees that cities would be more inclined to
provide more spaces if they could place reasonable time limits
on some of the usage. One of the bills that was worked on but
did not pass, but will be looked at again next year, is the
use of Court Commissioners in Municipal Court. That item was
hung up because of Chairman Applewick's belief that all
Municipal Courts should be elected and paid practically at the
same figure as Superior Court Judges and apparently not
recognizing the cost savings and the cost involved for cities
if they have to go the full route he suggests. Chairman
Applewick was successful in getting a bill passed that will
require the election of Municipal Court Judges at a salary 50%
of the Superior Court and he assured Mr. Walgren that the use
of Court Commissioners will be looked into next year.
On the Transportation side, Bremerton and Kitsap County did
well. The major goal in Transportation was to finish
construction of three jumbo ferry boats - that appropriation
has been made and they will be built in Washington. There are
no new taxes in the Transportation budget even though both
Houses proposed some as did the Governor, but they did not
pass.
Major Health Care measure passed and he anticipates it will be
worked on for some period of time.
He thanked City Council members, Mayor Mentor, Kathleen
McCluskey and others who took time to testify before the
Legislative Committees. He emphasized the Legislators prefer
to have their constituents/voters before them speaking rather
than the "paid/hired gun" lobbyist.
Mr. Johnson pointed out Mr. Walgren's written report mentioned
something about the legislators who come from Kitsap County
and an innovate action they took this past session. Mr.
Walqren stated Wes Pruitt and several Kitsap County
legislators decided they should have Kitsap Caucus that would
bring together all Kitsap County Legislators twice a month to
discuss Kitsap issues. Those meetings were held and they
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worked very well, resulting in some accomplishments that
evolved from that effort.
Mr. Collins requested clarification of Joint Administrative
Rules and particularly in the area of an agency issuing
orders, that then becomes become law. He questioned is there
anything that really is limiting these minor agencies from
imposing legislation on cities that affect them adversely
financially? Mr. Walgren stated that was a point of discussion
during a luncheon meeting with Ann Daily, who runs the Office
Of Fiscal Management for the State and who is heading up the
Governor's task force on regulatory reform. He was assured by
Ms. Daily that the directive has gone out to agencies that
before anything becomes "law" it has to go through the full
process instead of just issuing a letter or being made into a
policy and then handed out to the recipient. Also, he
questioned if this would be a real effort on the part of the
Governor's Office to really look at some of the problems that
the municipalities, counties and businesses have in dealing
with State agencies? Ms. Dailey's response to him was yes.
Mr. Collins questioned, on the issue of Municipal Court Judges
being elected, which he believes was directed at Bremerton,
what can be done to hold it off? Mr. Walgren stated it would
be very difficult to hold it off. He believes Bremerton was
used as an excuse for a determined attitude the Chair had. He
thinks there would be much difficulty in trying to change that
particular provision. He suggested proceeding to try and get
the Court Commissioner bill passed in order to try and keep
costs down. Mr. Collins questioned if there was any chance
for a Justice Of The Peace? Mr. Walgren stated no.
Mr. Colvin questioned if mandatory election of Judges is
imposed on the City along with stipulating the salary, why
didn't they go one step further and augment that salary? Mr.
Walgren stated this is an issue that is fought every time when
mandated requirements come down from the State. He believes
it was the logical result that could occur to have State
Judges being paid by the State. Mrs. Horton questioned when
will the requirement for elected Municipal Judges being
imposed? Kathleen McCluskey, City Clerk, stated the position
for Judge would be up for election in 1994 and seated in 1995.
Mr. Overson questioned irrespective of the existing terms?
Mr. Walgren stated the City would continue with its existing
Court. Mrs. Horton questioned if that new law talks about
where the candidates need to be located, i.e., city limits?
Mr. Walgren stressed the candidates do not have to live within
the city limits, however, they do have to live within the
County. Mrs. Horton questioned if the candidates for Judge
would run County - wide or City - wide? Mr. Walgren stated he had
not looked at that detail and would provide a response later.
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Mayor Louis Mentor stated the City pays its Municipal Judge
more than what will be required by the new State law.
The following Proclamation was read: Week of June 12 - 20 as
PHILIPPINE INDEPENDENCE WEEK. He announced the Miss Filipino -
American Pageant will be held on June 12, at the Bayview Inn.
He cautioned that not everything was going quite so well with
the proposed sewer project on the west side of Kitsap Lake.
But, the citizens in that area are working to obtain the
required number of participation for such a project. On June
4, he attended the Awards Assembly at Bremerton High School,
where he had an opportunity to present a Scholarship Award.
He was pleased to announce Bremerton High School experienced
a very successful year for scholarship awards for their
students. The in door Flea Market held this past Saturday
raised funds for Pendergast Regional Sports complex and had
quite a good turnout. He reminded everyone a meeting on the
new Ferry Schedule will be held, this date, 6:30 - 8:30 P.M.,
at Washington Mutual. And, on Monday, June 14, at 2:45 P.M.,
on the boardwalk a Flag Day Ceremony will be put on by the
Bremerton Area Chamber Of Commerce. In reference to earlier
remarks by Mr. Waibel regarding the Leland Report, he
participated in a live presentation on June 8th, that talked
about downtown Bremerton and what is happening there.
Included in that group were Lou Weir, Tim Ryan, Gary Garten
and Mary Lou Huntington. It pleased him to hear the
enthusiasm that came out of this group. That presentation
will be broadcast on Thursday evening, June 10, at 9:00 P.M.,
on Channel # 12. He reported the following business activity:
a new business on Kitsap Way by the Tire Boys, called "One Day
Sign"; a new car lot on 6th Street between High and
Pennsylvania Avenue, owned by Dick Dodd; and Bremerton Travel
has moved out of Wheaton Way area and moved to 5th Street just
below the Admiral Theater; and a new business for the County
is locating on Wheaton Way; Windermere Real Estate has moved
into a building at llth and Park.
Mr. Waibel noted over a million dollars in scholarships were
awarded to Bremerton High School students.
Pastor Danny Allen, Grace Pentecostal Church, read into the
record a letter of appreciation from Grace Pentecostal Church
to the City and Bremerton Community Access Television
personnel, for the generous contribution of time and technical
expertise given to the Grace Pentecostal Church to tape
weekly church services, as well as training two of their
Church members to assist with the TV cameras by one - the - job
training. President Fitz stated she too wanted to thank the
Cable Access crew for their commitment to the City Council to
televise Council meetings each week. She noted the quality of
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programming on Channel 12 has been excellent.
Gordy Byrd, P.O. Box 930, reported as of this date he has
collected $15,867.77 towards his shelter for the homeless. He
also reported on his successfully completing a Social
Psychology class at Olympic College as well as several classes
provided through ARC (Association of Retarded Citizens).
Bill Riplinger, Seabeck Resident, handed out a proposal titled
"ACCOMMODATING GROWTH WHILE PROTECTING RURAL AND RESOURCE
LANDS". He was before Council to talk about the Growth
Management Act (GMA), which basically compels the cities and
counties to do certain things and to work together on certain
things. 'There is coordination and cooperation with respect to
planning that has to take place. We all know that the cities
understand what their obligations are under the GMA, with
staff prepared to accomplish the job that needs to be done.
It is no secrete the cities in Kitsap County and the Kitsap
County government do not quite agree on how planning should be
done and who is "holding the ball". He does not believe that
everyone in the County agrees with County government on some
of those issues and there is a strong sense of interest on a
part of many community groups and community members, and that
was why a citizens proposal was put together and delivered to
the Kitsap County Commissioners in May. The GMA presents a
couple of problems basically in two steps: (1) the County was
to identify and designate certain resource lands in critical
areas. This is an important step and was to be in place on
July 1, 1990, and as of this date that is not complete; (2)
this part is about urban growth planning and designating the
urban growth areas and that is where the City of Bremerton and
other cities become vitally interested. In fact, the GMA puts
the ball in the City's court to identify these urban growth
area boundaries. It also puts the ball in the City's court
providing services to those urban growth areas within those
boundaries. Currently, in the County there is a race by
developers to convert resource lands to residential lands as
rapidly as possible. If you look at the kinds of development
they are racing to do, it is developing urban areas outside of
urban growth areas that haven't been designated yet. He
expressed concern that the process has broken down and there
isn't good communications going on, stalling movement forward
and step one hasn't been completed, and we are having problems
with step 2. The newspaper reports that Mayor Mentor has
tried to gain cooperation and hasn't been successful. He
referenced the handout document under Section B - Land
Division Moratorium, and noted it was a nice idea and was one
of the things the citizens group was proposing. He raised the
question "why would the City be interested in that" - because
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if the spirit of the GMA means anything we ought to be a
little organized where growth occurs and we are not organized
at all. This is a race of Court house to convert resource
lands to suburban developments for the County. Part C of his
handout document is the nine point proposal, which the
citizens group presented to the County Commissioners. It was
presented with well over 150 signatures from people all over
the County, citizen groups, etc.. He noted the City and
County come together on the issue of urban growth areas
services and we are already headed to court on the services
issues so we know how well we are getting along on that. He
personally does not believe there will be a lot of cooperation
until Step 1 is completed. The simple solution will probably
not occur. A suggestion was made by the Mayor that funds were
available to hire a mediator, who would be neutral/unbiased,
to move this issue forward. There is a neutral body and that
is the Kitsap Regional Planning Council and hopefully through
that group they can facilitate the cooperation and
coordination that will need to happen. He asked that the
Bremerton City Council consider endorsing the proposal either
in part or as a whole and forwarding that along to the County
so they will get a feel for the level of interest on these
issues and how important it is in the County.
Cal Baines, 1202 Broadway, stated his concern over the City's
intention to convert the old tennis courts, located at llth
and Warren Avenue, into a basketball court. No one canvassed
the neighborhood to see if anyone objected to having the
basketball activity in that area. About two months ago
someone did came by and asked him about the possibility of
installing basketball hoops on the court area and at that time
he conveyed his desire to not have that happen because of the
noise it would generate. If the City allows basketball to be
played in that area, he believes it will bring in additional
problems, loud music, gathering of gang type groups, added
traffic, more litter, etc.. He and his wife both work and
would not appreciate coming home in the evening and having
their peaceful neighborhood disturbed. He suggested that the
City look for locations for outside basketball courts that are
away from residential areas. He does not mind having the
tennis courts located in that area. He requested a written
response to his concern.
Don Larson, 135 Rainier Avenue, reported he received a
telephone call from Lloyd Lofthus, owner of a lot at Pacific
and Sheldon Blvd., who resides in Texas. At that time, Mr.
Lofthus expressed his "thanks" to the volunteers who helped
clean up his lot. Mr. Lofthus was agreeable to do something
about keeping his lot clean of rubbish and litter, however, he
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did not have a lot of money to spend on that area and he did
have a couple concerns. Mr. Larson told him that the
Waterfront Access Plan for Bremerton suggests making that site
into a park, however, Mr. Lofthus prefers to sell the site.
Mr. Larson asked him if he would allow the public to use the
property if it was leveled out, grass planted and maybe picnic
tables placed on it? Mr. Lofthus's response to that was he was
concerned he could get sued for liability. The City's
Waterfront Access Plan addresses an RCW where if a landowners
donates his property for public use, he cannot be held liable.
Because the City's Christmas In April program has been so
successful, he wondered if such a volunteer type group could
be put together to help make improvements to Mr. Lofthus's lot.
Currently, Kitsap Health District is working to get Mr.
Lofthus's property fenced off. He stressed the importance of
educating the pubic as to recycling and proper places to
dispose of unwanted items. He also looked into the
possibility of obtaining an old Navy anchor chain to use as a
barrier for access to the Lofthus property, which would give it
a nautical theme. On the issue of garbage collection, he
believes people are being over charged for garbage collection
services they do not use due to their not generating any
garbage. He interprets the City's garbage collection ordinance
having a $1.75 per month minimum collection fee for someone
who does not produce garbage, which he believes is in full
compliance with Waste Not Washington Act ESHB - 1671.
He announced on June 10, 7:00 P.M., the Department Of Ecology
will hold a Citizens' Advisory Committee meeting at the
Silverdale Target Store. This meeting is open to the public.
Anyone wishing to contact Mr. Larson can do so by calling 373-
5367. Mr. Larson raised the question if the City could work
with the Washington Scuba Alliance group, which is a 501C3
non - profit organization, between now and January to prepare a
grant application to the Interagency For Outdoor Recreation to
address some type of park development on the Lofthus site?
President Fitz directed Mr. Larson to speak with Mayor Mentor
on such a proposal.
8A - CONTINUED PUBLIC HEARING: APPEAL OF PLANNING COMMISSION
DENIAL OF A ZONING ORDINANCE SPECIAL EXCEPTION TO ALLOW AN
INTRUSION OF 15 FEET INTO THE FRONT YARD SETBACK OF THE SF-3
ZONE FOR A 30t X 30t THREE CAR GARAGE/STORAGE STRUCTURE;
APPLICANT: DAVID BARCELON, LOCATION: 1545 MADRONA POINTDRIVE,
#AB93-110
On April 25, 1993, the Planning Commission denied an
application for a Zoning Ordinance Special Exception to allow
a three - car garage/storage structure to locate within five (5)
feet of the front property line abutting Madrona Point Drive.
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The City Council, when hearing an appeal, shall either: 1)
Affirm the decision under review; 2) Reverse the decision
under review; 3) Modify in whole or part the decision under
review; or 4) Remand the matter back to the Planning
Commission for further consideration.
Such action shall be decided by a majority vote of the members
present. That vote may be taken at the same or any subsequent
meeting.
Shane Jensen, Planner, stated it has been requested that this
item be pulled from the Agenda because there have been some
conversations with the appellant that could be fruitful and
alleviate the need for such an appeal. If this item needs to
come back as an appeal, the proper public notification will be
made. President Fitz asked if the appellant had been notified
of this change? Mr. Jensen explained the proposed change was
at the appellant's request.
Mr. Johnson questioned if the appellant wanted to withdraw his
appeal application, continue the hearing, etc? Mr. Jensen
stated the appellant's request is not an official withdrawal
of the appeal. Leila Mills, Acting City Attorney, stated it
appeared to her that the appellant was asking for a
continuance depending on the outcome of any negotiations. She
did not believe the appellant was asking not to be heard, but
it could be resolved otherwise. As to the proper procedure,
she believed tabling the item at this point would keep it
within the domain of City Council so that the appellant would
not lose his appeal rights. Mrs. Horton suggested that the
maker of the motion include a stipulation that all of the
notice that would go out for a first time hearing should go
out again even though this hearing could be continued
indefinitely. Mr. Waibel stated he did not support the idea
of continuing the hearing indefinitely. There needs to be
some closure on this proposal and establish another date for
future hearing.
President Fitz asked if anyone was in the audience who wished
to speak to this particular item. One party in the audience
indicated they were against the proposal, however, they would
have an opportunity to speak to that issue at the next hearing
date.
#1963
M/S/C/U(Waibel/Johnson) to continue this hearing for five
weeks with the required notification to occur prior to the
next hearing.
CONFIRMATION OF APPOINTMENT OF EDDY CHU TO POSITION OF
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DIRECTOR, PUBLIC WORKS AND UTILITIES, #AB93-112
Recruitment of Candidates for the position of Director, Public
Works and Utilities was conducted in March and April. Thirty -
two applications were received and four of those were invited
for a personal interview on April 30, 1993. Candidates were
evaluated by a panel consisting of: Rich Barrutia, Division
Engineering Manager for Puget Power; Don Krupp, Director
Community of Preservation Development; Will Maupin, Director,
Facilities Division, PSNS; and Don Pratt, Director of
Community Development, City of Bremerton. The panel felt Mr.
Chu would make an excellent selection to fill the vacant
position.
Mr. Chu is a graduate of Oregon State University with a B.S.
degree in Civil Engineering as well as an M.S. degree in
Sanitary .Engineering. Mr. Chu was with Seattle Metro for
almost 20 years and most recently held the position of
Manager, Environmental Engineering Department with Howard
Needles Tammen & Bergendoff in Bellevue.
Mayor Louis Mentor stated Mr. Chu has excellent credentials
besides his expertise in sewer and water, he also has a Civil
Engineering background. The City had lots of candidates to
choose from various parts of the country. The Administration
did contact references listed, as well as some of the City's
contractors and the response was verypositive as to Mr. Chu's
abilities. He noted a member of the City Planning Commission
was also familiar with Mr. Chu's experience at Metro. He urged
Council to confirm the nomination of Eddy Chu as the City's
Director of Public Works and Utilities .
Mr. Johnson stated in reviewing Mr. Chu's resume he did not
see the strong sewer and water background. Mayor Mentor
stated the more technical knowledge background came up during
the personal interviews. Mr. Chu worked his way up through
Metro and served as a senior manager for the past 10 years.
Mr. Johnson stated what concerned him was that Metro is a
large organization and people can become departmentalized and
he wanted to make sure Mr. Chu had actual experience in the
areas of water and sewer utilities. Mayor Mentor emphasized
Mr. Chu's expertise is inthe water and sewer utilities area.
Public comment - none.
#2167
M/S/C/U(Waibel/Collins) motion to confirm the appointment of
Eddy Chu to the position of Director, Public Works and
Utilities, and authorize the Mayor to execute the attached
Employment Contract.
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Mayor Mentor thanked Council for their confirming Mr. Chu's
appointment and reported he will be starting work on July 6.
7A - ORDINANCE (FIRST READING) RESTRICTION OF FIREWORKS
DISCHARGE, #AB93-113
I, along with Police Chief Del McNeal, request that the City
Council via the attached Ordinance, to restrict the discharge
of fireworks to a singular day (July 4, 1993), from the hours
of 11:00 A.M. to 11:00 P.M., inclusive.
The County Commissioners passed a similar legislation on May.
24, 1993, to restrict, consistent with our attached request.
Al Duke, Deputy Chief Of Operations, stated there is a State
and national effort to ban fireworks over the next 3 - 5 years.
Their initial intent with the proposed ordinance is to limit
the discharge of fireworks from 11:00 A.M. to 11:00 P.M., only
on July 4. The allowable time for sale of fireworks would
remain the same. There have been a number of endorsements,
both locally and on the State level - Fire Chiefs'
Association, Fire Commissioners' Association, Association Of
Washington Cities, local Health District and members of
Harrison Hospital. The intent is to reduce the number of
human injuries, property damage and trauma experienced by
animals, as well as a public nuisance involving the clean up
afterwards. He introduced Fire Chief Mike Brown, representing
the Kitsap County Fire Chiefs' Association, who has made
similar presentations to Kitsap County Commissioners, City of
Poulsbo and City of Bainbridge Island.
Fire Chief Mike Brown, Fire District # 7, stated he was before
Council representing the Kitsap County Fire Chiefs'
Association and the Kitsap County Fire Commissioners'
Association; and believes he will be expressing the concerns
of fire fighters in all of Kitsap County. His goal is to
encourage the Council to adopt the proposed ordinance to
restrict discharge of common fireworks in the City limits to
July 4, 1993, from 11:00AMto 11:00 P.M. It is also part of
his responsibility and goal to try and educate the Council on
the need to implement an eventual ban on the sale of and
discharge of common fireworks. The ban, from his prospective,
should be implemented through a phase process of restricting
the discharge of fireworks in 1994 and then eventually banning
the sale and discharge of fireworks by 1995. For 356 days of
the year fireworks are illegal because they are hazardous,
unsafe and only authorized to be handled by certified
pyrotechnicians. For nine days of the year that law is
removed under the disguise of celebrating our independence.
An analogy is perhaps we should remove the laws on traffic
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regulations under the disguise of celebrating our
independence. If this were the case, we could allow our
children to drive our vehicles under responsible adult
supervision. The increase of injuries during this nine day
period would be acceptable because we are Americans
celebrating the independence of our country. He questioned
"would this be acceptable to you" - it would not be to him.
Likewise, removing the law prohibiting fireworks for nine days
out of the year is not acceptable, nor are the injuries to our
citizens and property damage that occurs is acceptable...is it
to you? You will hear people say today they are biased - they
are biased because it is their responsibility to prevent
injuries to citizens and to prevent the loss of property owned
by the citizens. They also do not want to expose the fire
fighters of Kitsap County, or children to unnecessary injury
or unnecessary loss of valuable property. Their profession is
hazardous enough and exposes fire fighters to enough trauma.
Help us prevent the unnecessary losses to property and injury
to Citizens by banning fireworks. Bans on the use of
fireworks have been proposed by both the National Fire
Protection Association, based on recognized property damage
and personal injury contributed annually to fireworks, and the
American Medical Association, based upon the thousands of
emergency room cases seen each July 4 due to fireworks. He
noted there was a press release issued on June 2, 1993, from
the National Fire Protection Association, which addressed the
importance of Americans attempting to make fireworks and
Independence Day celebrations safer. In 1991 there were 617
reported fires, $2,243,000 in property losses reported, 352
injuries treated, 51% of those injuries were to children under
the age of 16 and 60% were caused by legal fireworks. In 1992
there were 150 reported fires, $383,000 in property losses
reported and 146 injuries treated, 54% of those injuries were
to children under the age of 16. He reminded everyone in 1992
most areas restricted the discharge of fireworks to July 4th
only and mother nature blessed us with rain all day; there
were still six injuries treated at Harrison Memorial Hospital
on that day. As you can see injuries caused by fireworks and
property loss caused by fireworks are excessive in our
country, likewise they are excessive in our County. A fence
on the hill or an ambulance in the valley reminds him of the
dilemma the City is faced with today. Using this illustration
many injuries are caused and lives lost as cars driving on the
hill fall off and into the valley, losing their lives or
becoming seriously disabled. Should Council authorize placing
an ambulance in the valley to care for these people or should
they put a fence at the top of the hill to prevent the
injuries and fatalities from occurring? He hoped Council
would choose to put up a fence at the top of the hill.
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June 9, 1993
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Another thing one will hear during this discussion is that
fireworks plays a significant financial impact on non - profits
organizations who depend on fireworks sales for their
existence. To this he says..."it is simply time to find
another resource. There are far better ways for non - profit
organizations to raise money than by selling devices of
destruction. This does not appear to be a fair trade off, no
amount of money earned would justify selling a device that may
injure one of our citizens. The concept of safe and sane
fireworks is a gross misnomer. In the hands of untrained
users no fireworks are safe and sane, nor does it appear to be
prudent to sanction the raising of money by organizations
through the same of devices that have long documented history
of causing injury and destruction. The Kitsap County Fire
Service believes that phase in process for ban of fireworks
will allow service organizations the ability to find alternate
funding sources. If the service organizations desire to earn
additional revenue during Independence Day celebrations, the
Kitsap County Fire Service will assist them in any way they
can in order to find additional fund raising efforts, such as
a use of fun nerworks or other methods of raising fund.
Representatives of the fireworks industry will say that
banning fireworks will merely force residents to purchase
illegal fireworks at the Indian Reservations. He for one
really objects to the implication that residents are law
breakers, who would knowingly break the law. If such a law is
passed banning fireworks, he truly believes the residents will
obey that law. Illegal fireworks are already illegal and the
primary reasons residents purchase these fireworks is because
it is difficult to tell the difference between a legal and
illegal firework. He believes all the municipalities in
Kitsap County should unite their resources to have a community
celebration of our independence. This celebration should be
jointly encouraged and sponsored by all jurisdictions.
Pyrotechnic displays could be provided by professional
pyrotechnicians, perhaps laser light shows could be provided
as entertainment and any proceeds from this type of activity
from commercial sponsorships could be designated to specific
charities. Service organizations could sell ice cream, hot
dogs, soft drinks and safe funnerworks to allow children to
safely enjoy the 4th of July. With this thought in mind, he
believes the Fire Service Of Kitsap County would take the lead
and in cooperation with local newspapers, VFW, Kiwanis, Lions
Clubs, Rotary Clubs, JC's, Eagles and others, could sponsor a
4th of July celebration that safety allows us to celebrate our
nations independence and safely share this special day with
our neighbors. Please, on behalf of the Kitsap County Fire
Chiefs, Fire Commissioners, fire fighters, children adults of
our county, "build a fence at the top of the hill" by adopting
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an ordinance that will eventually ban the sale and discharge
of fireworks.
Mr. Overson raised the concern that the issue being addressed
by Chief. Brown did not accurately reflect the intent of this
Agenda item. Mr. Duke stated the intent of the ordinance is
to limit discharge of fireworks this year to one day - July
4th, ll:00 AM to 11:00 P.M. He will be coming back to Council
in the future to propose banning the discharge of all
fireworks except professional displays. Mr. Waibel pointed
out the proposed ordinance states that only uncommon fireworks
can take place for nine days and the common fireworks will be
limited to that 12 hour period. Leila Mills, Acting City
Attorney, suggested deleting the word "common" and to
reference "all" fireworks. Mr. Waibel questioned the
definition of "common" and"uncommon" fireworks? Mr. Duke
explained the definitions are in State statutes. There are
two kinds of fireworks, one being the illegal fireworks that
can be purchased on Indian Reservations. Ms. Mills explained
the "common" fireworks refers to legal fireworks. Mr. Waibel
questioned if what we want to say is allowing only legal
fireworks between 11:00 A.M. and 11:00 P.M. on July 4th, and
at all other time fireworks are illegal except for pyrotechnic
displays? Mrs. Horton stated she did not believe the proposed
ordinance clearly reflects what the Fire Department wants to
be have effect for this year.
Jerry Farley, 2540 34th Avenue South, Seattle 98144, lobbyist
for Washington Independence Day Association, a voluntary
association of some fireworks wholesalers and some fireworks
retailers. He emphasized the word "some" because there are
clearly some licensed wholesalers in this state who have not
been invited to join and there are some retailers in the same
situation. He believed it was fair to say they don't
represent any Indian Tribes. By and large, the Independence
Day Association represents approximately 90% of the legally
licensed operators in the State of Washington and most of the
persons who sell locally do so pursuant to license from the
State and a permit.
Under Federal and Department of Transportation regulations,
there are three type of explosives, Class A, Class B and Class
C. Class A explosives include military weapons, such as
missiles. What constitutes a Class A is not only the kinds of
chemicals used in the manufacturing but also the quantity.
Class B in general is explosive like dynamite and lots of
other ammunition, a more restricted list of chemicals and more
restricted quantity. Class B fireworks are called "special"
fireworks under Washington state law and until October 1993 or
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Page 16 of 26
early 1994 is also the term used by the Federal government.
Terms/definitions relating to explosives will change because
of the United Nations protocol that the United States and all
other nations of the world signed. Normally, when people
think of Class B fireworks they think of display fireworks,
which require a license to discharge and a special display
permit. Class C explosives includes a large number of things
in addition to the kinds of fireworks that are defined as
"common" fireworks. Those generally have a very restricted
list of chemicals and significantly restricted quantity of
those chemicals. One of the most important distinctions
between Class B and Class C fireworks is that the definition
for Class C uses the word combustion, which means they burn,
whereas Class B special fireworks uses the term detonate,
meaning they explode. The only Class C common fireworks that
explodes within the definition are firecrackers and those are
restricted to 40 milligrams, which is 2/3's of the weight of
a grain of wheat or rice, so anything larger than that
explodes is a Class B and must be handled by only licensed
pyrotechnicians. When hearing the terms cherry bombs, MS0's,
etc., all of which were legal in the united States for public
use until 1966, have not been legal since 1966, with one
exception and that has to do with farming and the use of such
fireworks for pest control. What is being talked about here,
with respect to use by the public, is a subset of Class C
common fireworks. He uses the term subset because State law
was changed in 1982, when the State Fire Marshall wanted to
legalize within the State everything the Federal government
said was legal. The fireworks industry opposed legalization
of bottle rockets, sky rockets and missiles and won that
battle. Even though such fireworks are illegal, 100 - 150
million of them are sold in Washington on Indian Reservations.
The reason they opposed their legalization was because they
viewed them as "cheap fire". They would like to see them
banned nation - wide, however, they know that will not happen
because the Federal government will not get involved.
Mrs. Horton left the Council Chambers at 7:15 P.M.
TAPE #1114
Mr. Farley stated he and Chief Brown had talked on opposite
sides at least once before and in fairness to Chief Brown, who
read mostly the same speech but with a few omissions, he would
try and respond to the testimony given at this time. He was
not sure if Chief Brown had handed out copies of his complete
statement or if it had been altered in any way. The retailers
and wholesalers he represents are in business, licensed by the.
State and pay taxes, are members of the community, they live
in your neighborhoods, they are organizations and companies of
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June 9, 1993
Page 17 of 26
good citizens and law abiding citizens. He also believes a
large number of people who use fireworks are law abiding
citizens. Approximately 2/3 of all the money spent on
fireworks is spent on Indian Reservations. There are more
Indian stands in close proximity to Bremerton than there are
legal licensed stands and will be opening any day now and will
be selling a lot longer. If there are hundreds of millions of
this stuff around and we're talking about a few incidents,
600+ according to 1992 statistics from the State Fire Marshall
and you also accept the fact that those statistics are not
complete, he thinks they represent somewhere around 50% of the
Fire Departments. It is obvious the vast majority of people
who use fireworks do so faithfully and that the vast majority
of times that fireworks are used they don't seem to cause any
problems in the hands of people who are responsible as well as
the vast majority of people who use fireworks and are not
responsible. Chief Brown said we prohibit fireworks 354 days
each year and make them legal for nine. The law was written
in 1961 and became effective in 1962. Prior to that law,
there were no restrictions on fireworks except at the local
level. It was the fireworks industry that went to the State
legislature and enacted that law because they thought there
was a need to restrict the use to the one celebration of the
year that made sense - 4th of July. There are many states,
including Alaska and Hawaii, where fireworks are used many
times throughout the year. He did not think Chief Brown's
analogy about lifting the age limit to drive is a very good
one. He thinks what we are talking about here is 4th of July,
a day that we as Americans celebrate our freedom from the
oppressors our ancestors chose to escape from and fought to
free themselves from. And, he thinks it is appropriate that
fireworks are used for that occasion because fireworks were
brought to this continent by people long before there was
anything like 13 colonies and they were used for all kinds of
events. Chief Brown is also slightly wrong in that according
RCW 70.77.311 any person can get legal fireworks, including
firecrackers, chasers, etc., and use them at a specific times
and places by obtaining a no-cost permit from local Fire
Departments. He shares one major concern with Chief Brown and
the Fire Service and he wished we could focus on that - the
legal fireworks industry believes the 4th of July should be a
safe and enjoyable holiday for everyone and they no one should
be put at risk by irresponsible or illegal acts of
individuals. Statistically, some 85-95% of the fires and
injuries are associated with misuse of a firework item and
sometimes illegal use. A provision was added in State law
that it is illegal to use fireworks in a way that endangers
the life or property of any citizen. He did agree with Chief
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Page 18 of 26
Brown's analogy about the fence on top of the hill and an
ambulance below, however, he just disagrees with the kind of
"fence. Chief Brown wants a fence called "prohibition" and he
thinks those of us who have studied prohibition, with respect
to alcohol found it did not work and made things worse and it
was repealed. He thinks of a fence being "education" and
legitimate, sensible restriction upon the misuse of fireworks.
He supports the idea of working on an educational program and
over the years they have asked the Fire Service to join them
in that kind of a program, however, consistently they have
refused to do so because they think the industry is tainted
because they sell fireworks. He thinks all of us should be
able to say if you are going to buy fireworks buy legal
fireworks and use them safely and responsibly. He agreed most
people are law abiding citizens, but he knows that 2/3rds of
every dollar spent on fireworks isn't spent through any of the
stands and organizations with which the clients he represent
are associated and that says something to him...that the
people are voting in a way with their pocketbook and some of
them will still go out and buy it even if you tell them they
can't do it at all and he believes that breeds disrespect of
law.
In closing, he wanted to dismiss the proposal of getting the
clubs and organizations to make money other ways. Chief Brown
referenced funnerworks, which to him is a nice idea but it is
not a substitute and selling hot dogs and things like that
doesn't make it either. These are organizations of volunteers
who.work real hard for the money they make, which is given
back into their communities. He does not believe there is
anything inherently wrong with selling a federally regulated,
State regulated legal product to your neighbors who will use
it in a safe and responsible way and then using that money to
benefit the community. We are not selling illegal drugs - we
are selling a product that is regulated by six different
Federal agencies and at least four or five State agencies. He
did not find it troubling with respect to what the City trying
to say and proposes to restrict the use of fireworks to July
4th. He is troubled by what this ordinance is trying to do.
This year the 4th of July is on a Sunday and the national
holiday is on the 5th, so this year you would not be able to
celebrate the 4th of July on a national holiday, July 5, when
that is the day the Federal and State governments celebrates
the holiday. The second problem is a more serious one - he
respects the rights and concerns of the Fire Service to try
and reduce the impact upon their resources and he thinks
allowing fireworks to be used for only one day is a guarantee
there will be more problems that day. So, he urged a more
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City Council Reg. Mtg. Minuts
June 9, 1993
Page 19 of 26
creative approach, allow the discharge of fireworks for 3 - 4
days, starting on Friday July 3rd through July 5, as well as
including in the ordinance some kind of language that will
encourage a strong and meaningful public education program.
He believes there will be fireworks in this State, County and
city and all he asks is to recognize the people who are in the
audience tonight who oppose more and more restriction are here
because they care about their community , Fire Service, and
their neighbors; and if you put them out of business there
won't be anyone here to help you solve that problem. If he
had more time, he could give examples where more and more
restrictive ordinances have finally convinced clubs and
organizations it is not worth it any more and so the only
people who are selling are the Reservations and they don't
have to talk to you. Respectfully, he would like to work with
the City on a more balanced and potentially much more
effective ordinance.
President Fitz restated the fact Council was only voting on
the proposed ordinance and not a total ban on fireworks. If,
at some point in time, the City decides to propose a ban on
fireworks, there will be a public hearing and public session.
Mr. Duke stated to assure public notification of future
hearings on the possible ban on fireworks he could see that
notices are sent out to each organization if they provide
their address and phone numbers. He pointed out the City's
process for adopting such legislation involves two readings of
an ordinance, which provides the public two opportunities to
express their opinions, and is affective 10 days following
passing the ordinance at the time of second reading. Kitsap
County's process involves just one reading of an ordinance,
which then turns into law.
Jim Wooley, 1007 Nipsic, stated he is a volunteer worker for
the Vietnam Veterans' fireworks and the father of two
children. In 1992 he testified before Council when the issue
of restricting discharge of fireworks to July 4 was brought
before them due to the excessive dry season. It was his
contention last year, which was borne out by comments he
overheard while working at the fireworks stand, that being a
military community and having to restrict discharge of
fireworks to just July 4th would greatly impact active duty
military personnel who have to stand duty on the 4th of July.
On the days that he volunteered to work in the fireworks
stand, he had to turn six people away because they would not
able to discharge any fireworks they purchased because they
would not be available that day due to being on - duty. He
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June 9, 1993
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would like Council to consider a longer period for the legal
discharging of fireworks. He pointed out Mason County has not
adopted any restrictions yet and Bainbridge Island is allowing
discharge of fireworks on July 3,4,5, so people can take
advantage of the three day weekend. If it is necessary to
make restrictions, he implored Council to think about those
citizens within the City's limits that can't always shoot off
their fireworks within that 12 hour period.
Cal Baines, 1202 Broadway, stated he is a Class B licensed
Pyrotechnician, and there is no comparison between the Class
B fireworks and Class C fireworks. What he sees happening is
the maneuvering to eliminate all fireworks. He enjoys firing
off fireworks, shooting professional shows and he enjoys Class
C shows. He believes "education" is the answer and he pointed
out the fact that fireworks are clearly marked with "safety
tips" for handling.
Buzz Delebo, Washington State fireworks wholesaler, 4801
Dunbar Drive, Gig Harbor, passed out some statistical
information for Council's review. He pointed out 38 states
allow the rights to use fireworks and only 12 states have
banned fireworks. Those 12 states account for 46% of the
fireworks related injuries in the entire United states. Of
the 12 states, they consist of 24% of the entire population of
the United States. He urged Council to contact the Consumer
Product Safety Commission if they have any questions relating
to the statistical information he handed out.
Karen Gower, 910 N. G Street, Tacoma, Pyrodyno - American,
stated she has worked with organizations for 24 years and is
keenly aware of all the fireworks issues. She emphasized
there is not a market for fireworks year around. The Indian
Reservations do sell fireworks year around, however, one does
not hear a lot of fireworks going off until just before the
4th of July. The reservations open their stands in early
June. She noted people have money to spend on fireworks and
they will spend it where they can get the product. She
questioned why limit discharging of fireworks to just the 4th
of July and cut out the people who would like to shoot off
fireworks on the 2nd or 3rd of July? People who are going to
use illegal fireworks would probably not pay attention to the
law restricting discharging fireworks to one day.
Phil Pokette, 1265 Nebraska Street, Port Orchard, stated he is
a fully qualified Nuclear Electrician, is trained in high
voltage as well as being qualified to handle hazardous
materials. He stated for clarification that he was only
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June 9, 1993
Page 21 of 26
representing himself and not the shipyard or union. A number
of people he works with have shared with him their anger and
disgust over the idea of having a ban on fireworks. He
pointed out the last sentence of the proposed ordinance is a
final ban on the sale of fireworks and requested Council
review that point.
Cal Baines, Broadway Avenue, stated he managed fireworks
stands for Humdinger for about 10 years and in the early
1980's they were allowed to sell fire crackers and then they
were restricted again. Last year it rained on the 4th of
July, which didn't offer a very nice time to shoot off
fireworks. The Indian Reservations sell the same kind of
fireworks that are shot off at professional fireworks shows,
which have the potential to kill people if not handled
properly. If the safe and sane fireworks are taken away,
people will go to another source. to buy products that could
include the much more dangerous class of fireworks. He did
not think that one week to set off fireworks legally and
responsibly is too much to ask.
Mr. Waibel stated as pointed out by the gentleman in the
audience, the ordinance does need to be amended or no one can
sell fireworks this year. Mr. Colvin stated he understood
this proposal was not a ban on fireworks, however, the wording
in the ordinance appears to mean something else. Ms. Mills
explained the first portion of the ordinance addressing the
discharging of fireworks from June 28 through July 6 of any
year. Then, the proviso addresses limitations for 1993 only
and then reverts back to the "all other years" provision. She
emphasized the need to read the entire section to understand
the overall meaning. Mr. Waibel stated the first revision
talks only about use or explosion. Ms. Mills stated to
address the concerns that have arisen as to continued
restriction on sales following 1993, she suggested the
following wording: ...; provided, however, that the discharge
of all fireworks in calendar year 1993 shall be restricted to
July 4, 1993, only, from 11:00 AM to 11:00 PM and sales of
fireworks in calendar year 1993 be prohibited after 11:00 PM
July 4, 1993. Mr. Duke pointed out there are additional
sections to this ordinance that are in the Bremerton Municipal
Code that covers sale of fireworks. The intent of the
proposed ordinance is to address only the restriction of
discharging and sale of fireworks for the year 1993. He
questioned clarification of the use of the word "all" instead
of "common" fireworks. If all fireworks are eliminated, that
would eliminate public displays, which was not the Fire
Department's intent. Mr. Waibel stated that is the intent of
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City Council Reg. Mtg. Minuts
June 9, 1993
Page 22 of 26
the first section but it does not state that. Mr. Duke noted
there is a secton on public displays. Mr. Waibel stated if
Council was to have a motion on this issue at this time, he
felt it should be a motion on concept and to be rewritten on
that concept by second reading of the ordinance.
President Fitz asked if the ordinance was brought back in one
week for a new first reading would that give the City time to
have it become effective? Mr. Duke stated no. Kathleen
McCluskey, City Clerk, explained if the ordinance is to become
effective by June 28th it must be approved on second reading,
including changes, at this time. Mr. Duke explained the only
change being proposed from last year to this year is changing
1992 to 1993.
Mr. Overson stated he suggested deleting everything after the
semicolon in Section 1 and let people go out and enjoy their
4th of July celebration and let the adults supervise. He
emphasized last year there was a purpose for the one day
restriction and there was citizen support for passage of that
restriction. This year there is no citizen support and he is
already hearing fireworks being discharged.
Mr. Johnson stated he lives in a "war zone" with the start up
of fireworks being discharged about two nights ago in his
neighborhood. Last year, in the middle of all the rain, he
was picking debris from fireworks off of his roof. By the
time the Police could respond to a call, the fireworks is all
blown up. He questioned how do you stop people from shooting
it off? Mr. Duke stated there is an attempt being made in
California to get rid of illegal fireworks on Indian
Reservations. Regardless of the outcome of that court case,
he expects it will be appealed to the Supreme Court.
Mr. Colvin questioned how many cities have a similar ordinance
to what Council is considering? Mr. Duke stated at this time
the City of Seattle has banned fireworks and on June 14 the
Kitsap County Commissioners are to make their decision on any
restrictions within the County area. Bainbridge Island is
restricting discharge of fireworks to a 3 - day period and the
City of Poulsbo will address this issue on June 16 and their
intent is the same as that being proposed for Bremerton. He
emphasized the intent is for the County and cities within the
County to have the same restrictions.
Mr. Neville stated he sees this breaking down as the illegal
fireworks are the problem and there doesn't seem to be any way
to control or regulate them right now. What is being proposed
is to try and control the time limit or time frame in which
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June 9, 1993
Page 23 of 26
either common or illegal fireworks can be ignited in the City.
People will call 911 when illegal fireworks is discharged and
the Police are going to have to respond. Police personnel are
overworked and understaffed now and he wished there was a way
to get the Fire Department more involved than just responding
to or waiting for the fires to happen. He did not support
stopping the sale of fireworks to July 4 considering the
official holiday is set for July 5, and he felt people should
have the right to purchase fireworks even if they have to hold
then over for the following year. He could not support the
ordinanceas proposed.
Mr. Waibel noted the first section of the ordinance still
appeared to have an exception to an exception saying that
public displays cannot take place during that period of time.
He believed the intent was to say "except for noon on June
28th to noon July 6 of any year for a public display
authorized pursuant .... ". Ms. Mills explained that was the
intent and the language was the way it is because the Fire
Department just wants to change the one year time frame this
year. She interprets the language to say that public
fireworks displays may occur at other times throughout the
year by special permit.
#1481
M/S/C(Johnson/Waibel) to approve Ordinance on first reading,
with the changes after the word "provided" as previously read
by the Acting City Attorney which clarified the 1993. And,
adding the following sentence to the end of the ordinance:
"Nothing in his provision shall make it illegal to have public
displays of fireworks when approved by the Fire Department in
accordance with the Bremerton Municipal Code.
Vote on motion: In Favor: Waibel, Collins, Dawkins, Colvin,
Johnson, Fitz
Opposed: Overson, Neville
Motion carried.
7B - ORDINANCE (FIRST READING) AMENDING THE 1993 BUDGET,
#AB93-114
Actions taken by the City since passage of the 1993 budget
require certain corrections in order that the budget continues
to accurately reflect the financial operating plan of the
City.
Rich Hanna, City Treasurer, stated as was mentioned in the
Agenda Bill, most of the substantive issues addressed in the
amendment ordinance have already been before Council as
individual items. The following budget adjustment action is
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June 9, 1993
Page 24 of 26
requested:
1. Proposing to amend the budget of the Roosevelt Capital
Asset Fund to accommodate the Hotel Study.
2. Amended the Municipal Court budget to provide for in - house
Probation.
3. Amended the budget of the Utility and Engineering
Departments for the Public Works Director and related
organizational issues.
4. Amended the Personnel and Civil Service Departments in the
General Fund to provide for continued full time management for
the period 4-1-93 through 5-31-93.
5. Distributed funds within the General Fund to provide the
necessary expenditure authority for implementation of the
Management Compensation Plan.
5. Reduced the Tax Anticipation Note, which finances the cash
flow of the General Fund, to accommodate the actual size of
issued Note as opposed to what we contemplated at the time of
the original budget.
6. Transferred excess Beginning Cash from General Fund to the
Cumulative Reserve Fund based on Council's direction at the
time of original budget approval.
7. Further extended to the balance of the year full time for
Personnel Director and Civil Service Officer.
Mr. Collins questioned if there was some reason why Budget
Adjustments 93 - 6, 93 - 5 and 93 - 2 were not signed.by Fiscal and
Budget Committee? Mr. Hanna stated in the case of 93 - 6, the
authority level necessary pursuant to the budget modification
ordinance ends at the level of the Mayor. As to Budget
Adjustment 93 - 2, the issue was brought before the full Council
and all necessary signatures were obtained, however,they did
not get transferred onto the same form. In regard to Budget
Adjustment 93 - 5, that item also came before the full Council
and he was confident it would not have gotten there without
first being reviewed by the Committee. Mr. Johnson stated the
issue did come before the Fiscal and Budget Committee.
Mr. Overson stated it was his understanding the Cash carryover
was higher than what was reflected in Budget Adjustment # 10.
He questioned how did we get to $36,265.00? Mr. Hanna stated
as is mentioned in the narrative paragraph on the Budget
Adjustment request form the gross overage was modified by
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June 9, 1993
Page 25 of 26
three things: (1) a very large cash balance was carried
forward due to an inordinate number of vendor payments that
were attributable to the 1992 budget actually were represented
by cash disbursements in the first week of January. (2) two of
the Budget Adjustments contained in #'s 93 - 5 and 93 - 11,
wherein we have utilized some of that excess Beginning Cash to
provide the necessary expenditure authority to authorize the
Personnel Director and Civil Service Officer to be carried
full time for the balance of the year.
Mr. Colvin asked if he understood correctly that the estimated
income is $500,000 less than what was anticipated? Mr. Hanna
stated the majority of that adjustment to the General Fund
does relate to the reduction of the size of the Tax
Anticipation Note. Proceeds of the note were actually
$500,000 less than what was budgeted, the offsetting side is
the first part of 1994 the City will be called upon to payout
or redeem a note that is $500,000 smaller than what was
budgeted, therefore, it had no financial impact on the well
being of the City.
Public comment - none.
Mr. Overson questioned when did the Council discuss the Tax
Anticipation Note, whether or not to keep it, use it and what
the impacts would be? Mr. Hanna stated the Tax Anticipation
Note can only be issued under authority of an ordinance,
approved by the Council. Mr. Overson questioned if this
action was to remove the TAN? Mr. Hanna stated it was being
used to remove a portion of it. Mr. Overson questioned if
that would put the City in the difficult situation of going in
the "red" for some spending? Mr. Hanna stated no, as
discussed over the years, the City has tried to take advantage
of as much of the authority as granted under the arbitrage
portions of the IRS rules. The City did not exercise all of
the authority available to us this year primarily because: (1)
conditions in the Bond market didn't leave a lot of arbitrage
profit to be realized; (2) after refinancing the water/sewer
revenue bonds, the City made a commitment that all tax exempt
debt would be sold.by bank eligible bases in 1993, and what
that means is that we cannot issue in excess of 10 million
dollars of tax exempt debt in calendar year 1993. Because we
were trying to preserve that capacity, we did not want to
issue a TAN any larger than was absolutely necessary to
finance the cash flow. Mr. Overson pointed out the budget
report provided did show expenditures in the "red" and he
automatically assumed we didn't exercise the TAN. President
Fitz questioned for clarification if Council received a report
TAPE #1114
City Council Reg. Mtg. Minuts
June 9, 1993
Page 26 of 26
that indicated the City was in the "red"? Mr. Hanna stated
no. Mr. Overson stated he would get together with Mr. Hanna
and review that point at a later time.
#1783
M/S/C/U(Johnson/Collins) to approve Ordinance on first
reading.
With no further business meeting adjourned at 8:14.
KATHLEEN L. McCLUSKEY, City Clerk
EILEEN FITZ, Council President
City of Bremerton
KLM/EF/me
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