Loading...
HomeMy WebLinkAbout05/12/93TAPE #1106 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES MAY 12, 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, May 12, 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 Assistant City Attorney Jim McNamara and Acting City Clerk Rich Hanna. The meeting opened with the Pledge of Allegiance led by Council President Fitz and Invocation given by Chaplain Robert Miles of Belmont Terrace Convalescent Center. President Fitz announced Council would hold a Study Session to "Review the Ad Hoc Citizens Advisory Committee's Report" immediately following the Council meeting. President Fitz announced Agenda Item 6A, 6B and 7D would be held over to the "continued" City Council meeting on May 13, as part of the Armed Forces City Hall Day activity. And, Item 6C was pulled off the Agenda. CONSENT AGENDA A. Minutes of Meeting - April 28, 1993, #AB93-088. #0049 M/S/C/U(Waibel/Neville)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. #0061 M/S/C/U(Colvin/Dawkins) May 12, 1993, the Council does approve for payment those vouchers included and further described as follows: 166182, 166183, 166185 through 166311 in the total amount of $220,278.94. COUNCIL MEMBER REPORT8 Mr. Overson stated lots of activities are planned for Armed Forces Week. TAPE #1106 City Council Reg. Mtg. Minutes May 12, 1993 Page 2 of 16 Mr. Neville stated he hopes everyone will attend the Armed Forces Parade on Saturday. Mrs. Horton reported on Friday, May 7, she, Mayor Mentor and City staff members attended a meeting of a group of citizens and teens who are interested in working to develop a "Teen Center" for Bremerton and Central Kitsap. The teens participating in that meeting were representing various High Schools in the area. She was impressed with how much work these young people had already done and how well they researched their subject. She noted the public generally reads or hears about the negative actions of teens, however, she found just the opposite with this group of teens. She emphasized if the future of our communities are in the hands of teens such as these, we'll would be in good shape. She reminded everyone of the Teen Dance scheduled for May 22, 8:00 P.M. - 12:00 Midnight, (ages 13-19) at the Sheridan Park Recreation Center. Cost for the dance will be $5.00 and proceeds will benefit the Teen Center Coalition towards a Teen Center. Mrs. Horton reminded everyone of the Senior Center's Annual Open House on May 14, 10:00AMto 3:00 P.M. On May 11 and 12 she and President Fitz and Mayor Mentor attended a CENCOM workshop that looked at long range goals and objectives for CENCOM. She noted there will be some difficult decisions to be faced, especially in light of the anticipated growth of Kitsap County. She felt those attending the workshop reached a surprising amount of consensus on elements discussed and spent 11/2 days trying to figure out what was the best for the future of 911 and the community. She also attended the Armed Forces Pageant and extended her congratulations to Erika Eklof, the new Armed Forces Queen, and her Court. And, on Saturday, May 8th, she spent most of the day at the Children's Art Festival, held at Olympic College and sponsored by Olympic College and the Parks and Recreation Department. Mr. Waibel made the declaration that there has not been rain on the Armed Forces Parade, except for two times, in the last 50+ years and to plan on it being nice no matter what the weatherman says. Mr. Collins announced he would not be attending the Armed Forces Day celebration at City Hall on Thursday due to his attending the Puget Sound Air Pollution Control Agency meeting where the issue of outside burning will be discussed. He questioned information relating to outdoor burning in a recent news article because that particular item is before PSAPCA on May 13. He hopes everyone will have as good a time at the Armed Forces ceremonies as in the past; and the parade is always a "dandy" even though some less militant people from TAPE #1106 City Council Reg. Mtg. Minutes May 12, 1993 Page 3 of 16 the Seattle area don't want to attend because they don't like the military, but here we love them. Mr. Dawkins reminded everyone the Bremerton Central Lions Club will hold their annual Pancake Breakfast, starting at 6:30 A.M. Mr. Colvin reported he received three phone calls concerning the Mayor's proposal to build a skateboard park at Lebo field, which he will defer to the Mayor. Following the suggestion that Council members contact citizens regarding a proposed change in government, he contacted 10 of his telephone callers for Council District # 1 regarding this issue. He noted seven out of seven indicated they did not know enough about the proposed change in government to speak on it or to make any comments. Hearing that, it makes him believe there needs to be more effort made to make sure the public is better informed. Mr. Johnson expressed concern over a news article in today's edition of The Sun, which states that Bremerton made the EPA list for cities whose water contains excess levels of lead. He emphasized the City of Bremerton has one of the finest water systems in the United States, thanks to actions taken by past administrations. And, the lead in the water is not from the water supply, but rather the pipes that are in many of the older houses. He pointed out the safest thing to do to eliminate excess lead is to let the faucet run for about 30 seconds to one minutes prior to using water. He gave a salute to the U.S. Army for an excellent concert by the Jazz Ambassadors. Mrs. Fitz reported she attended the 11/2 days CENCOM workshop that involved all of the people in the County affected by the CENCOM System users and the public officials who help finance CENCOM. She found this workshop to be one of the best she has ever attended. In the next period of time there will be an updating of the CENCOM system, including a new microwave system and installation of new equipment in Police vehicles. PUBLIC RECOGNITION Mayor Louis Mentor reported on Friday, May 7th he artended the Police Reserve Graduation. On Saturday, May 8th, there was a presentation of a plaque to Mrs. Graves in memory of her husband, who lost his life in the Battle Of The Bulge. Monday, he participated in Corey's Day At The Farm, which was well attended by physically/mentally challenged children. He announced the City is seeking four host families to host Japanese students from Kure for four weeks beginning July 28, TAPE #1106 City Council Reg. Mtg. Minutes May 12, 1993 Page 4 of 16 as the part of the Bremerton/Kure Sister City Program. He announced the following students have been selected to represent the City in Kure, Japan: Sean Smith, Jr. Bremerton High School; Cindy Reside, Jr. Olympic High School; Anna Grahn, Sophomore Olympic High School; Jennifer Yi, Jr. Olympic High School. Mayor Mentor read the following Proclamations: 1) May 10, 1993 to May 9, 1994 as the Year Of The NAACP Bremerton Chapter. The proclamation was accepted by Kwame McDonald, President of the Bremerton Chapter of the NAACP, who read the Bremerton Chapter's Charter, dated 1943, in celebration of the Chapter's 50th anniversary, 2) May 14 - 15, 1993, as POPPY DAY. This and similar proclamations were accepted by representatives from various veterans organizations, 3) May 14, 1993, SENIORS' DAY, in recognition of the Senior Center's 21st Annual Open House in recognition of 50 years of senior centers across the nation. 4) May 16 - 22,1993 as NATIONAL PUBLIC WORKS WEEK. Randy Witt, City Engineer, accepted the Proclamation and stated this is part of a larger program that has varying degrees of visibility throughout the State and put on by the American Public Works Society. 5) May 10 - 16, 1993, ARMED FORCES WEEK and May 13th as City Hall's 38th Annual Armed Forces Observance. 6) May 22, 1993, as SKIN CANCER PREVENTION DAY. Dr. Charlotte Metzler, accepted the Proclamation and invited everyone to the Skin Cancer Screening event on Saturday, May 22, 9:00 A.M. tO 1:00 P.M, at Harrison Hospital. Fire Chief Mick McKinley introduced PSNS Fire Chief Gary Lewis and Jim Hardy, a Bremerton Paramedic. Chief Lewis read into the record a letter recognizing his Fire Department's gratitude for the outstanding performance and dedication of Paramedic Jim Hardy. On March 21, 1993, a report of an attempted suicide was called in for Building 885, the Bachelor Enlisted Quarters located in the shipyard and the patient was located on the 10th floor on the outside stairway and threatening to jump...he was disoriented and distressed. Paramedic Hardy did not waste any time when his unit arrived and went immediately to the landing between the 9th and 10th floor and began conversing with the patient and able to calm him down enough to go inside and talk. As the patient moved TAPE #1106 City Council Reg. Mtg. Minutes May 12, 1993 Page 5 of 16 away from the edge of the landing towards the door, Paramedic Hardy moved up to the 10th floor landing placing himself next to the patient. At this point the patient picked up Mr. Hardy and nearly threw him over the edge before help arrived. Thanks to Paramedic Hardy's quick action the patient was subdued for treatment and transported to the hospital. Chief Lewis stated for the past 13 years he has served as PSNS Fire Chief and worked with a number of Bremerton Fire Chiefs. He expressed his thanks to all of them and the Bremerton Fire Department...they are an outstanding group who supported his Fire Department immensely throughout the years. Police Chief Del McNeal stated a County - wide Reserve Officer Training Program concluded recently with a graduation ceremony. The individuals participating in the training program committed 220 hours of their own time to go through an abbreviated form of the State Academy. Upon passing a State Police Reserve Officer exam, they are then State Certified as Reserve Officers. He introduced a large group of Reserve Officers, who were then sworn in by Municipal Court Judge Bruce Martin. Chief McNeal thanked the new Police Reserve officers for their commitment to the training program so that they can be of help to the City as a supplement to the City's regular force. Mayor Mentor congratulated the new recruits and noted he enjoyed attending their graduation banquet and is looking forward to working with all of them in the future. Vicki Vanneman, Parks and Recreation Director, reported she approached the Bremerton Main Street staff earlier this year about participating, jointly, in the provision of the downtown flower baskets for the season. She was pleased to report that Main Street agreed to participate in helping with the downtown baskets, but also expanding that program to the boardwalk. It is anticipated that the new waterfront banners will be unveiled in time for the Dedication ceremonies on May 17. Ms. Vanneman noted Carol Atkinson just about single handedly recruited local business to participate and donate items for the baskets. And, a special "thank you" was extended to Main Street for their help on this project. Carol Atkinson, Bremerton Main Street, stated this was a very interesting project and took quite a lot of coordinating. They planted 40 new baskets for both the boardwalk and first Street Dock and all together 108 baskets were planted by a large group of volunteers. She extended special thanks to Pam Martin, Ron Asleson, Shirley Ryan, Bill McMillin, Kay Goldenstein, Delores Weir and Lou Weir for the use of one of his buildings for a ,,greenhouse". She also thanked the following businesses who donated the materials and soils for the baskets: Furney's Nursery, The Brothers Greenhouse, Eagle Hardware and Belfair TAPE #1106 City Council Reg. Mtg. Minutes May 12, 1993 Page 6 of 16 Nursery. Don Atkinson, Bremerton Main Street Association, reminded everyone of the Dedication Ceremony scheduled for May 17, 12:30 P.M., on the boardwalk, following the parade. The Farmers Market will extend their availability to Saturday as part of the Armed Forces activities. Don Larson, 135 Rainier Avenue, President of Washington Scuba Alliance, reported the Underwater Parks Bill that he has been pushing was signed by Governor Lowry on Friday, May 7. The next step in the process is to identify possible sites for underwater parks. He would very much like to have an underwater park located in the Bremerton area, however, he has been approached by others who are interested in such a project. He announced May 21 is the deadline for submitting information for the Coast Weeks Journal. He displayed a newsletter issued by People For Puget Sound... "Sound Straits". He noted on June 5 there will be a National Trails Day, sponsored by the Washington Trails Group. The Washington Scuba Alliance group will be working on some water trails on June 5. James Walz, 1223 South Oyster Bay Drive, stated as a resident of this area for over seven years he has observed a pattern of racial disharmony. That situation was brought to light at the time Captain Hatfield made some remarks about the Gang Task Force. He was alarmed that only Councilman Horton attended a NAACP meeting shortly following the time when Capt. Hatfield made those remarks. He is now concerned over the Mayor's proposal to locate a skateboard park in East Bremerton. He did not like the implication that if some minority kids get in trouble a Gang Task Force is organized, if some white kids get in trouble we build them a skateboarding park. He asked that the Council or Mayor address that issue. 6D - PROFESSIONAL SERVICES AGREEMENT WITH R. W. BECK FOR REVIEW OF WASTEWATER TREATMENT PLANT OPERATIONS, #AB93-092 Professional Services Agreement with R. W. Beck to provide professional services for contract management, operations odor audit, technical assistance and staff training regarding the Wastewater Treatment Plant. Randy Witt, City Engineer, stated this proposal has five goals: (1) to see that the wastewater treatment plant is operated and maintained in compliance with the existing contract; (2) to expand the 1988 plant audit with an emphasis on odors; (3) provide technical assistance to the City evaluating all the data that is coming in from different TAPE #1106 City Council Reg. Mtg. Minutes May 12, 1993 Page 7 of 16 sources, particularly in relationship to the lawsuit; (4) to assist the City in developing its Capital Improvement Program to address some of the issues going on at the plant; (5) to train City staff in monitoring the contract for plant operations. Through recent changes in Public Works and Utilities staff, a lot of that knowledge is no longer available and there is a need to see that void filled. Public comment - none. Mr. Overson questioned the total cost of the agreement? Mr. Witt explained it is a "not to exceed" contract in the amount of $55,000 and is set so that money can be spent within "tasks" up to the designated amounts. Mr. Overson questioned if the contract was for one year? Mr. Witt stated the contract is not to exceed one year and if the goals are reached sooner, the contract will be terminated. Mr. Johnson stated the Agenda Bill states the amendment to the Wastewater budget is currently being prepared, however, he has not seen that documentation. Mr. Witt stated it is his understanding that the Public Works and Utilities staff and City Treasurer are still evaluating funding needs and allocation of funding. Rich Hanna, City Treasurer, explained he is currently working with staff in the Public Works and Utilities Department. It is his intention to make one comprehensive amendment to the Wastewater budget rather than piecemealing it for each individual transaction. Mr. Johnson stated he understood supporting the goals outlined, however, he could not support the Agenda Bill as presented primarily because of how he viewed the performance of R. W. Beck's last contract...not getting value for the dollars expended, and the reports provided did not meet the standards of professionalism he expected from a firm of that nature. Mr. Colvin questioned if this proposal was put out for bid? Mr. Witt stated no, the City negotiated a Professional Services Agreement with this one contractor. Mr. Colvin questioned if other firms did this type of work? Mr. Witt stated yes, however, it is a specialized field and some are involved in the plant itself (Metcalf & Eddy, CH2M Hill). He noted Parametric, Inc., has a contract with the City Attorney's Office in relation to a lawsuit and to some extent the City is building upon that. The recommended firm has the expertise to evaluate running of a wastewater plant. Mrs. Horton questioned since this proposal is a form of audit, are there some things that could be done internally by the City's Internal Auditor, which could reduce the amount of this TAPE #1106 City Council Reg. Mtg. Minutes May 12, 1993 Page 8 of 16 contract? Mr. Witt explained the Internal Auditor would look at the expenses of the contract. Mrs. Horton stated that was true, however, we may be talking about performance tied to dollars. Mr. Witt stated what he is looking for is the knowledge that the wastewater plant machinery is being run correctly and he was not sure a normal auditor could determine that. He felt both types of auditing should be brought in together and they can do that. Mrs. Horton emphasized if there are areas that have deficiencies relating to the wastewater plant operations contract, that was the area where she felt the City's Internal Auditor needed to be involved as well. Mr. Witt stated if it is recognized that such an issue needs to be addressed, then he felt such action would be appropriate. He emphasized the City is not saying that Metcalf and Eddy is "running off with the store". Mr. Johnson explained that the City's Internal Auditor is a full - fledged internal auditor involved in management audits, functional audits as well as financial audits. He was also concerned over Mr. Witt's comment that Council would probably not see much of a product from R.W. Beck. If the audit is to be performed, he felt the City should receive documentation of those results. Mr. Witt stated R. W. Beck is being tasked with some deliverables, however, the point of his comment had to do with the fact that there will be some "hands on" operational audit. Mr. Johnson suggested to Mr. Witt and R. W. Beck is that they might be behooved to show that they can deliver a product to Council. #1834 M/S/C(Collins/Waibel) to authorize and direct the Mayor to execute the attached contract. Vote on motion: In Favor: Neville, Horton, Waibel, Fitz, Collins, Dawkins, Colvin Abstained:Overson, Johnson Motion carried. 7A - ORDINANCE #4415 (SECOND READING) REPEALING PROVISIONS OF THE MUNICIPAL CODE ESTABLISHING MUNICIPAL UTILITIES DEPARTMENT AND SUPPORT SERVICES DEPARTMENT, CHAPTER 2.16AND2.18 OF BMC, AND REPEALING CHAPTER 2.10 DEPARTMENT OF PUBLIC WORKS AND ADOPTING A NEW CHAPTER ESTABLISHING THE DEPARTMENT OF PUBLIC WORKS AND UTILITIES AND SETTING FORTH THE ASSIGNED FUNCTIONS, #AB93-085 Public comment - none. #2009 M/S/C/U(Horton/Colvin) to pass Ordinance #4415, on second reading repealing provisions of the Municipal Code establishing Municipal Utilities Department and Support Service Department, Chapters 2.16 and 2.18 of the Bremerton TAPE #1106 City Council Reg. Mtg. Minutes May 12, 1993 Page 9 of 16 Municipal Code, and repealing Chapter 2.10 Department of Public Works and adopting a new Chapter establishing the Department Of Public Works and Utilities and setting forth the assigned functions. 7B - ORDINANCE #4416 (8ECOND READING) RELATING TO IVY GREEN CEMETERY AND REPEALING BMC 2.60, #AB93-086 Public comment - none. #2051 M/S/C/U(Waibel/Horton) to pass Ordinance #4416, on second reading, creating the Ivy Green Cemetery Perpetual Care Fund and repealing Chapter 2.60 of the Municipal Code. 7C - ORDINANCE #4417 (SECOND READING) AN AMENDMENT TO ORDINANCE #4411 TO CORRECT A TYPOGRAPHICAL ERROR ON THE LEGAL DESCRIPTION, #AB93-087 Public comment - none. #2094 M/S/C/U(Waibel/Colvin) to pass Ordinance #4417, on second reading, annexing approximately 20 acres known as the Port Of Bremerton Annexation Area, which lies south of the City of Bremerton Biosolids Application site and north west of the Bremerton Airport and fixing the effective date of annexation. 7E - ORDINANCE (FIRST READING) ADOPTING THE WASHINGTON STATE BUILDING CODE WITH MODIFICATIONS AND AMENDMENTS DESIRABLE TO INSURE PUBLIC SAFETY IN ALL STRUCTURES, #AB93-094 This is primarily the adoption of the 1991 model codes as mandated by State law. Secondly, it is a clean up of Chapter 17 of the Bremerton Municipal Code to consolidate and eliminate previous ordinances that are redundant, repetitive and outdated. David Nelson, Building Official, stated 4/5 of municipalities in the United States adopt codes written by Model Code Agencies. The State of Washington chose to work with the International Conference Of Building Officials (ICBO), who author the Uniform Building Code and other Uniform codes, i.e., Mechanical Code, Plumbing Code, Uniform Fire Codes, etc. Washington State, in the process of adopting these model codes, also made some modifications to that code and called it the Washington State Building Code. That in turn becomes State law and the City is regulated to enforce that law. As he reviewed the Codes and Code sections of the Bremerton Municipal Code (BMC), a lot of extra circulator material was found that had been adopted and included in the BMC throughout the years. Part of the reason municipalities adopt codes written by code agencies is to create uniformity in the application of Codes. As part of his review, he looked for TAPE #1106 City Council Reg. Mtg. Minutes May 12, 1993 Page 10 of 16 things to eliminate that were outdated and/or superseded. He stressed the intent was to provide a Code that is consistent throughout the United States without a bunch of local regulations being tied to that. At this time, he requests that Council adopt the Washington State Code as well as other amendments and modifications, which would include the Bremerton Housing Code, Uniform Code For The Abatement Of Dangerous Buildings and several other Codes that keep the City in good shape and protect the citizens from the onslaught of blight and other problems of that nature. Mr. Waibel stated he understood the general purpose of this proposal was to try and make all of the City's Codes uniform, however, in Section 17.040.30 the City already admitted its failure to make them uniformby the statement "they will not be uniform and there will be conflicts". He questioned the kind of conflicts to be addressed by that statement? If this proposal is adopted, the City would be saying that we feel that getting from where we are today with our housing stock, which is many cases quite old, to where we want to be in the future in a real hurry by taking the more restrictive of those codes when there is a conflict. He wonders if that is the way we want to go or do we want to identify some mechanism for maybe allowing, in some cases, longer time periods if that is the conflict? Mr. Nelson stated the language "conflict among Codes" is talking about conflict amongst the Uniform Codes...if the Uniform Building Code states a standard or prescriptive method to accomplish some things and the Uniform Mechanical Code conflicts with that, whichever standard is more restrictive will apply. Mr. Waibel questioned is that really what we want to do? Mr. Nelson stated it is common language and he has run into very few such conflicts. He views it as a kind of "net" catch if there is conflict amongst Codes. He also pointed out some Codes are very lengthy and when created they are scrutinized by teams of people to see that there are very few conflicts; and if there are conflicts, then the most restrictive would apply rather than less restrictive because it is a Code geared toward the protection of life and health. Mr. Waibel pointed that was not always the case. He believed there may be instances where the City may want to take the least restrictive and move toward more restrictive in the far out years. He was not sure he liked that statement at this point in time in this ordinance. Mr. Overson stated one point that often concerns homeowners about the Building Code is if an individual wants to remodel a home at what point does the entire house have to be brought up to current standards. Does this proposed Code change that? Mr. Nelson stated this Code is the same as it has been in the TAPE #1106 City Council Reg. Mtg. Minutes May 12, 1993 Page 11 of 16 past, which states "areas that are remodeled are brought up to Code but not the entire structure". Mrs. Horton stated she believed Mr. Overson was referring to the City's Zoning Ordinance, which states if a residence is remodeled more than 25% of the structure then the dwelling would have to be brought up to Code. Mr. Nelson stated the Zoning Ordinance has a definition in it that states "if the house is 75% substantially destroyed (75% of its replacement value) then the house has to be brought up to standard as far as the site is concerned...setbacks, density, etc. Mr. Johnson stated prior to this meeting he asked Mr. Nelson to provide him additional information relating to the Codes. The reason for his reviewing that information was to determine its affect on developers and homeowners who might build or remodel a structure by following the rules. What he found was that some sections contained language developed by some zealots who got overboard making it too safe. What is desired is to end up with safe, liveable homes in Bremerton with a Code we can rely on. He pointed out there are some areas in the Code that are excluded, some are amended and the City is not totally without conflict with the County because of local conditions, which he wants identified. He requested the Acting City Clerk to read into the record Section 2 of the proposed Ordinance. His point for having that section read was to inform the public what Council is being asked to approve and how the citizen may react to the terminology. He will be relying on the professionalism of Mr. Nelson to interpret the Codes, and he asked the public to call the Building Department or City Council if they get into some totally whacko situation that does not make any sense when trying to build something. He emphasized there are appeals processes throughout the Codes. Mr. Colvin questioned if "more restrictive" code would apply to existing structures? Mr. Nelson explained the "conflict" language is intended for Codes, not situations. If someone does a remodel project within an existing house and for some unknown reason a Code conflict comes up on the work that is being done, then "most restrictive" would apply to only that work, not the whole structure. Mr. Waibel pointed out that was really the policy statement Council was making in this whole proposal ....whether or not to be more restrictive in the judication process. Mrs. Horton stated one of the things included in Council's Goals and Objective last year was to strive to remove conflicts between departments' rules and regulations when it comes to permitting. Both Mr. Nelson and Mr. Rapley of the Fire Department assured the Council that to the best of their ability they tried to see that was taken TAPE #1106 City Council Reg. Mtg. Minutes May 12, 1993 Page 12 of 16 care of with this proposed Ordinance. She questioned what will happen if someone involved with a building project does in fact come up against a conflict? Mr. Nelson stated basically the Uniform Codes are minimum standards and he applies that standard if there are no other standards to go by. There have been occasions in the past where there were some different standards applied. If there is no standard adopted by Council or State legislator that supersedes the minimum Code, then the minimum Code applies. Mr. Collins questioned if someone has a conflict or problem is the Building Official the "judge and jury"? Mr. Nelson stated no, there is the opportunity for appeal of decisions made by him. Mr. Collins stated he would like to have language included in the Ordinance that states the rights of an individual to appeal an administrative decision. Mr. Nelson stated he had no problem with such wording being added to the Ordinance, however, he believes that issue is well covered by reference when adopting the Codes. TAPE #1107 Mr. Colvin raised the issue as to who would hear the appeals of the citizens in the event a conflict arises? Mr. Nelson explained there is an Appeals Board made up of citizens. Part of his responsibility as the Building Official is to be reasonable and to make discretionary calls concerning the Building Code and its interpretation. During the three years since he became the Building Official he has called the Appeals Board together twice and neither time was it based on a decision made by him but rather on whether financially they could do that was necessary to be done. He believes the Codes adequately address the appeal process available to the public. Public comment - none. #0017 M/S/C(Horton/Dawkins) to approve Ordinance, on first reading, adopting the Washington State Building Code with modifications and amendments desirable to insure public safety in all structures, including the language suggested by Acting City Attorney relating to appeals process. Mr. Collins desired to make an amendment to the motion to include a statement of addressing an appeal process. Mr. Johnson stated he would supported that motion if Mr. Collins would add that language to Section 17.04.030 where it talks about "most restrictive shall apply". Jim McNamara, Assistant City Attorney, stated he agreed with Mr. Nelson that adding language to the Ordinance would be redundant, however, there was no reason why it could not be included if that is TAPE #1107 City Council Reg. Mtg. Minutes May 12, 1993 Page 13 of 16 Council's direction. In response to Mr. Johnson's comment, he believed the wording could be included in Section 17.04.030, however, he would also include it in a subsection. If requested, he could have a new subsection included in the Ordinance by second reading of the Ordinance. Mr. Waibel pointed out the appeals process in each of the individual Codes does not address how a conflict between those Codes would be addressed. He supported adding language to the Ordinance relating to an appeals process. Mr. McNamara stated his understanding of what Council desires is to make two provisions in the amendment, one in section 17.04.030 that the provision about conflict shall be appealable; (2) a second provision noting for public information purposes, that all of the separate codes are appealable. Mrs. Horton stated she would amend her motion to include the language given by the Assistant City Attorney. Vote on motion: In Favor: Neville, Horton, Waibel, Fitz, Collins, Dawkins, Colvin, Johnson, Opposed: Overson Motion carried. 8A - PUBLIC HEARING - SURPLUS OF CITY LAND: 500 UNION AVENUE (KITSAP MENTAL HEALTH SERVICES), #AB93-095 A. City Policy and Procedure Finance 1 - 6 outlines the procedures for disposal of surplus real property. The City Council acts on a recommendation from the Planning Commission to surplus property. B. The bases for determining to surplus or not are not clearly defined. C. Properties approved for surplus are to follow a process for disposal as outlined in the Policy. D. The Planning Commission recommended the property be surplused. Councilman Hank Waibel stepped down from hearing this issue due to a possible "appearance of fairness" on this item. President Fitz asked the "Appearance Of Fairness/Conflict Of Interest" question with all remaining Council members being seated. Mr. Johnson stated he did not have a problem following surplusing procedures, however, he was not sure about the TAPE #1107 City Council Reg. Mtg. Minutes May 12, 1993 Page 14 of 16 conditions listed on the Agenda Bill. He emphasized he is willing to work with Kitsap Mental Health so that a sale can take place on the site, however, he did want the City to retain their fair share of the revenue from such a sale; and that funding be returned to the rightful fund...Utility or General Fund. Mr. Hanna stated that is the intention and the next item Council will see relative to this issue will be an Interlocal Agreement between the City and the County setting forth how the property will be marketed and dividing revenues generated from that sale. Mr. Collins stated he agreed with Mr. Johnson that some how the City has to retain or know where this money is. Currently, the subject site is an asset and he doubted the City could give it away. If the City wants to assist Kitsap Mental Health in some way, then it should be done as a special item. Mrs. Horton stated when Mr. Keller of Kitsap Mental Health came to Council during a Study Session his proposal was that the City would retain proceeds from the sale of the property and they would retain the proceeds from sale of the building. Mr. Colvin questioned if Kitsap Mental Health Agency was informed of this meeting? President Fitz stated yes. She pointed out this Agenda Item was just addressing whether or not to surplus the property. At the time the property goes on the market and if there is a sale, the issue will come back before Council. Public comment - none. Mr. Johnson questioned if this item is approved, does that mean the administration will execute the Administrative Policy for surplusing or is the proposed motion assuming the administration has already done those things and Council is surplusing the property. Mr. Hanna stated no, they are partly through the Administrative Policy, at Item 5, where Council agrees to go forward with the surplus. Following that approval, staff will undertake efforts to market the property. #0417 M/S/C(Horton/Colvin) to approve 500 Union Avenue (and associated lands) for surplus. Vote on motion: In Favor: Overson, Horton, Collins, Fitz, Dawkins, Colvin, Johnson Opposed: Richard Neville Motion carried. President Fitz noted the conclusion of business at this time, TAPE #1107 City Council Reg. Mtg. Minutes May 12, 1993 Page 15 of 16 7:25 P.M., and that the meeting would be continued to May 13, 1993, 10:00 A.M., in the City Council Chambers. Acting Council President Morris Dawkins reconvened the May 12th Council meeting at 10:10 A.M., May 13, 1993, in the City Council Chambers. Mayor Louis Mentor extended a greeting and warm welcome to the military personnel who would be serving as City elected officials and City staff during the 38th Armed Forces Day Celebration at City Hall. Following introductions, the military counterparts took part in the discussion of business on Agenda Items 6A, 6B, and 7D. 6A - BUDGET FOR THE FLEET MAINTENANCE CONTRACT FOR PERIOD MAY 1993 - APRIL 1994, #AB93-089 The City's contract for fleet maintenance includes a provision (Section 4.08) for the adoption of a target budget at the beginning of each contract year. The attached correspondence represents the results of negotiations between the vendor and staff. The proposed target represents an increase of 1.47% over the year just concluded. Public comment - none. #2134 M/S/C/U(Overson/Horton) to authorize the Mayor to sign the adjustment to the Fleet Maintenance contract. 6B - APPOINTMENT TO THE PARKS AND RECREATION COMMISSION - LARRY MALL, #AB93-090 There is a vacancy on the Parks Board due to the resignation of Mary Schmidt. It is recommended the vacancy be filled by Larry Hall. Public comment - none. #2695 M/S/C/U(Neville/Overson) to confirm the appointment of Larry Hall to the Parks and Recreation Commission. 7D - RESOLUTION #2431 DESIGNATING THE CITY TREASURER AS THE OFFICIAL TO DECLARE OFFICIAL INTENT PURSUANTTO U.S. TREASURY REGULATION SECTION 1.103-18, #AB93-093 U.S. Treasury regulations require the City to formally declare, at the beginning of a capitol project, its intention to use tax exempt debt proceeds as the method of financing the project. The regulations further require that a specific City official be designated as the person to make such a declaration. This Resolution designates the City Treasurer as TAPE #1107 City Council Reg. Mtg. Minutes May 12, 1993 Page 16 of 16 that official. Public comment - none. #2735 M/S/C/U(Neville/Horton) to approve Resolution # 2431, designating the City treasurer as the official to declare official intent pursuant to U.S. Treasury Regulation Section 1.103-18. With no further business meeting adjourned at 11:07 A.M. KATHLEEN L. McCLUSKEY, City Clerk EILEEN FITZ, Council President City of Bremerton KLM/EF/me cc: Normal Distribution File/Vault