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UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
FEB 4 19gS
February 10, 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, February 10,
1993, at 5:30 p.m., with Council President Eileen Fitz
presiding. Council members present: Lon Overson, Richard
Neville, Lynn Horton, Hank Waibel, C. R. "Tiny" Collins,
Morrie Dawkins, A1 Colvin, Russ Johnson. Also present were
City Attorney Ian Sievers and City Clerk Kathleen McCluskey
The meeting opened with the Pledge of Allegiance led by
Council President Fitz and Invocation given Reverend Jodene
Hawkins of St. Paul Episcopal Church.
President Fitz announced immediately following the City
Council meeting Council will hold a Study session on
"Diversification" (presented by Earl Smith, EDC).
CONSENT AGENUA
A. Minutes of Meeting - January 27, 1993, #AB93-022
Bid Award Recommendation - Asphalt And Related Products
For 1993, Awarded to Ace Paving for a total
amount of $366,775.00.
Mr. Waibel pointed out a typographical error in the Minutes,
Page 6 "...Councilman Waibel ioined (not jointed) the Council
meeting".
M/S/C/U(Waibel/Horton) 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.
M/S/C/U(Colvin/Dawkins) February 10, 1993, the Council does
approve for payment those vouchers included and further
described as follows: 163804 through 163966 in the total
amount of $365,117.63.
COUNCIL MEMBER REPORTS
Mr. Neville reported he received several phone calls from
people who are unhappy with the Police Department's handling
of drug problems in the City. What he conveyed to them was
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that it takes time to build a good case so that the Police
Department can prosecute those people. He urged the public to
continue giving information to the Police, who are acting upon
it and are trying to get a "bust for their buck" in the new
Drug Levy.
Mrs. Hotton reported this past week she met with Phyllis Mann,
Director of Emergency Management for Kitsap County, Fire Chief
Mick McKinley and Lori Jones, Fire Prevention Specialist to
discuss a program for her District on not just earthquake
preparedness but also emergency preparedness. District 6 will
hold a meeting on March 30 that will address earthquake and
emergency preparedness. She hopes once this program format is
up and running in her District that it will spread to the
other Council districts. The area they are targeting to
publicize this program is everything west of llth Street west
to Phinney Bay, everything north of llth Street to the water
and everything west of Warren Avenue to Phinney Bay. She
noted these boundaries would encompass a small part of
District 5 and District 8, but for geographic purposes they
felt it would be best to include them. Efforts are underway
to put the notice of this meeting on water bills for the
described areas. Printed "flyers" advertising this meeting
will also be distributed. Additionally, effort is underway to
link up some of the people, who because of physical inability
or economic inability to earthquake prepare their homes, with
some community service volunteers who might help in getting
some of those homes prepared. If additional information is
needed, please call the City Council office or Mrs. Horton.
On February 5 she had the opportunity to go on a field trip
with 120 7th graders to the Seattle Center. This group took
the ferry to Seattle, walked through the downtown area and
spent the day at the Seattle Science Center. She found this
to be a very enlightening and good experience. She
complimented the students and teaching staff for their being
on their best behavior.
Mr. Waibel stated along with other Council members he has been
receiving complaints about the quality or lack of quality of
some of the service on recycling. He directed most of those
complaints to the Municipal Services Coordinator and he will
be following up to see how those complaints are being handled.
Mr. Johnson stated following on to Mr. Waibel comments on
recycling, it is important for the City to get that kind of
feedback. Obviously, there will be start up problems, but the
fact that recyclables are not being picked up or someone is
being billed at the wrong rate needs to be addressed. If the
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only concern is that someone was "missed" on the day
recycables were picked up, then that needs to be address
directly by the hauler.
Mr. Colvin thanked Mayor Mentor for his responses to the many
citizen concerns that he has passed on to his office. He
referenced the "junk mail card" that is available for people
who want to stop receiving "junk mail". He reminded everyone
that District l's Neighborhood Coalition meeting will be held
February 25.
Mr. Collins referenced a news article in The Sun, dated
February 9, recounting the Monday night Study session about
"our" work with Mr. Sampley on a Director Of Public Works
position. He expressed concern over whether or not Mr. Baker,
the reporter, had attended the same meeting as Mr. Collins.
The reason he states that is that he believes he and his
colleagues were trying to gain information at that meeting and
one way to gain information is to ask negative questions, such
as "why on earth did you do that". He uses the other side of
the coin on the probation secton of the Municipal Court Office
- last September some preliminary information was presented to
Council and there was some uneasyness that went on afterwards
because of the way in which it was presented in the Sun that
we were tearing the Court Office apart again and we as
individuals were after Court personnel. 'During the Monday
night Study session a presentation was made by Mrs. McCluskey
on the results of her study of the Court Probation Office. Her
recommendation, after a very deliberate study, was that we
should retain the Probation Office in-house. There wasn't
anything printed in The Sun about this conclusion to something
that had been going on for six months. He believes that a
number of things that are looked on as controversial are
actually the elements involved in becoming better informed to
then make a determination as to "what is the best thing to
do". He was not directing this complaint directly at Mr.
Baker, reporter for The Sun, because he knows there are
certain "space" constraints that he is under. He did want
constituents to know that if they have a question about
something that was printed or something they had heard, anyone
of their Council representatives would give them a complete
description of what went on and how we accomplished what was
accomplished. He used the Roosevelt Park issue as an example
of an issue that was "blown out-of shape" in the news media.
Mrs. Fitz reference the February 8th Study Session, where the
Council did receive Mr. Sampley's report, which generated many
questions, some of which still need to be answered. She
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emphasized that Mr. Sampley acknowledged, both in his
presentation and in his study, the efforts by current
employees who have a difficult job, some of which are
functioning without a department head. She applauded those
employees for their help.
PUBLIC RECOGNITION
Mayor Louis Mentor presented the following Proclamations:
(1) Proclaiming the month of February as American Music Month
and acknowledging the 60th Anniversary of the Bremerton Ladies
Choral in September;
(2) Proclaiming February 14 - 20th as National Engineers Week.
Mayor Mentor announced today the City held two graduations for
the D.A.R.E. program at the Star Of The Sea Catholic Church
and Sylvan Way Baptist Church. He noted approximately 700
children a year receive D.A.R.E. training in the elementary
level of Bremerton Schools and that number will increase now
that the program will be implemented in the Middle Schools.
He extended a "Happy Valentines Day, and Presidents Day".
Reverend John Eichmann, Bremerton Servicemen's Center, stated
he was pleased that the City Council chose to not support
allowing the sale or consumption of alcohol in City parks. He
complimented the Police Chief and Police Department on the
D.A.R.E. program because he believes it is very important to
address these issues in the community, particularly with the
young people. As a person who is usually downtown until 10:00
P.M. nightly, he has noticed that environment has improved the
presence of more Police Officers.
Gordv Byrd, P.O. Box 930, stated he is a supporter of the
D.A.R.E. program. He announced on February 26th the Bremerton
High School and Central Kitsap High School will sponsor a
dance, with the proceeds from that dance going to the Byrd's
Nest, a shelter for the homeless. Also, he reported a group
from Bremerton High School are selling corsages and roses,
with proceeds from that fund raising effort being donated to
the Byrd's Nest. He commended the City Council members for
their service to the citizens of Bremerton. Lastly, he was
looking forward to celebrating his 37th birthday on Friday,
February 12.
Don Larson, 135 Rainier Avenue, reminded everyone that on
Friday, February 12, 10:00 A.M., the Senate Ecology and Parks
Committee will hold a hearing for an Underwater Parks bill
(SB5332). He hoped that people who will be attending meetings
in Olympia on that date will attend this hearing and voice
their support. He briefly reviewed underwater park
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development in British Columbia and Florida. It is his hope
that a surplused submarine from PSNS could be submerged north
of the Turner Joy, thereby creating an underwater park for
divers. If anyone is concerned about being exposed to asbestos
in such a ship, he has information that states asbestos is not
a problem when it is wet.
Don Atkinsen, Bremerton Main Street Association, announced the
2nd Annual St. Patrick's Day celebration will take place
between March 13-17. The focal point of the activities for
this celebration will be in the "Penney's" building.
Activities will include: a parade on Saturday, March 13, a
Reno Night, Irish Entertainers from Ireland as well as local
talent, a Main Street Social, a Black Tie Dinner, Wheelbarrow
Race through the Central Business District and a Gaelic
Football Game. There will be an organizational meeting for
Farmers Market members on March 13, 8:00 AM.
6A - APPOINTMENTTO CIVIL 8ERVICE COMMISSION - LYLE L. NELSON,
#AB93-024
At the end of January, the second three year term of Civil
Service Commissioner George Dibblee expired. I am
recommending the position be filled by Mr. Lyle L. Nelson.
Mayor Louis Mentor stated he had the pleasure of reappointing
George Dibble in 1990, and who had served the Commission since
1987. Mr. Dibble chose to not reapply this year for
reappointment, however, he is to be recognized for his
dedication and contributions to the City and for the many
years serving in many civic organizations. Mayor Mentor
conducted interviews of citizens who volunteered to serve the
City on Boards and Commissions and has selected Lyle Nelson to
serve on the Civil Service Commission. Mr. Nelson has been
active in Civil Service for about 30 years and he has lived in
the Bremerton area for quite some time. Mayor Mentor urged
confirmation of Mr. Nelson to serve on the Civil Service
Commission.
Public comment - none.
M/S/C/U(Dawkins/Colvin) to confirm the appointment of Lyle L.
Nelson to the Civil Service Commission.
Mr. Dawkins expressed thanks to Mr. Dibble for a job well
done.
6B - AMENDMENT TO PROFESSIONAL SERVICES CONTRACT FOR RETAINED
COUNSEL, #AB93-025
According to the original Retained Counsel Agreement with
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Foster, Pepper and Shefelman, executed on July 15, 1992, for
representation in the West Hills v. City of Bremerton lawsuit,
the case status and compensation limits were to be reviewed
for 1993. This law firm has submitted a budget for
representation in this suit through trial in June, 1993. The
1993 maximum contract amount should be amended to $200,000.00.
Councilman Morrie Dawkins stepped down from this issue due to
a conflict of interest.
Mr. Overson questioned if this item required a Budget
Adjustment? Ian 8ievers, City Attorney, stated there are
funds to cover this cost in the Utility's budget, however, it
is not under the correct line item and the City Treasurer will
have to reappropriate those funds in that line item before the
funds are expended. There will also be need to appropriate
funds to cover the cost of expert witnesses. Mr. Overson
questioned if the Budget Adjustment should be approved before
advancing the contract amount? Mr. Sievers stated posed that
same question to the City Treasurer, who indicated that was
not necessary since sufficient funds are available through
June when the contract will be fulfilled. The City Treasurer
will be addressing this funding issue with Mr. Sampley,
Management Advisor for the Utility Department.
Mr. Colvinquestioned how much of an increase is this over the
previously approved amount? Mr. Slevers stated $60,000 was
budgeted for outside counsel for calendar year 1992. He noted
the City is on schedule and had reached billables by January.
The City has also expended the bulk of expert witness fees,
which are included in this schedule. He expects to spend the
bulk of the money closer to the trail time. If the actual
trial can be avoided, that would save the City $66,000+. Mr.
Colvin questioned how many people are involved in this
lawsuit? Mr. Slevers noted there are about 80 plaintiffs in
the lawsuit.
Public comment - none.
M/S/C/U(Johnson/Colvin) to approve amendment to Professional
Services Contract to retain counsel, to authorize the
expenditure in the amount of $200,000, however, no obligations
or services beyond $35,000 shall be made until Council
approves a budget adjustment.
6C - LEASE AGREEMENT AND PROFESSIONAL 8ERVICES AGREEMENT -
SCOTT ALEXANDER, GOLF PROFESSIONAL GOLD MOUNTAIN GOLF COURSE,
#AB93-026
Scott Alexander has served the golfing public as the head
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professional at Bremerton's Gold Mountain Golf Course since
September of 1984. During that time both the golf rounds
played and the revenue generated have shown strong, steady
· growth. Gold Mountain is now recognized as one of the finest
municipal courses in the state. It's clear that these
improvements can be traced in part to the dedicated efforts of
Mr. Alexander and his staff. Scott's enthusiastic and
professional approach to his position at Gold Mountain is
appreciated by the Board of Directors, the City staff with
whom he works, and most importantly the golfers at Gold
Mountain.
The Professional Services Agreement and the Lease Agreement
presented would run concurrently for a period of 5 years. The
significant changes involve: 1) compensation, 2) lease
payment, cart and driving range percentage, 3) level of
marshalling. These issues will be discussed in detail during
the staff report.
Councilman Morrie Dawkins stepped down on this issue due to a
conflict of interest.
Vicki Vanneman, Director Of Parks & Recreation, stated there
are two associated documents to discuss, the Lease Agreement
and Professional Services Agreement. Negotiations between the
parties began in the fall of 1992, and culminated in the
documents being presented. There was quite a bit of give-and-
take during the process, but she felt it was an exchange
between two people who placed great stock in fairness. In the
first year of Scott Alexander's most recent Professional
Services Agreement (1987) Gold Mountain did approximately
53,000 rounds of golf. In 1992, 71,308 rounds of golf were
played and the course experienced record breaking greens fees
of just over $880,000. That kind of growth can be contributed
to many factors, the increased popularity in the game, the
growing number of golfers in the area, a quality Greens
Superintendent and crew and condition of the course, but
equally important to the majority of golfers is the quality of
service that they receive in the Pro Shop or from the
professional staff whether it is over the phone or at the
front counter. Scott Alexander and his staff pride themselves
on operating a positive, enjoyable round for every golfer that
steps up to that counter. She believes that Scott has
represented the City admirably in a very professional manner
during the eight years he has been at Gold Mountain. She
joins many people looking forward to his presence at Golf
Mountain for many years to come.
Following are the significant changes in the Professional
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Services Agreement: (1) Compensation for the Pro is
increasing from 13% to 14% of the net greens fees. The need
for the 1% increase would be the City's attempt to recognize
excellence in performance of duties. She felt it was also
important that everyone understand Scott's compensation does
increase when the City acts on a fee increase, which did
happen for 1993. It is also important that everyone
understands were those additional dollars are going and will
be addressed by Scott, during this meeting, outlining his
expenses associated with providing services at Gold Mountain.
Scott Alexander, Golf Pro, stated during Council's Operations
Committee Mr. Overson brought up a question which revealed
that there might be the impression that the increase in
compensation would go directly to him and that was not the
case. He emphasized compensation funds go into the whole
operations of the golf course. He provided a handout showing
expenses starting in 1985, covering a staff of one assistant,
a cashier who worked full time for 8 months and a cashier who
worked 1/2 time for 8 months, a janitor and some outside help,
amounting to $53,744.21. In 1993, staffing includes: he as
head professional, three assistant professionals, one day a
week bookkeeper, three full time cashiers (8 months), one part
time cashier (4 months), full time janitor and mechanic, two
course marshals (1-full time and 1-half time) and 10 youth,
who make up the outside help, at a cost of $223,371.05. This
statistical information shows how staffing had to be increased
due the number of increased rounds of play. He emphasized
that staffing level is paid for by him directly and indirectly
by the retainer that is paid to him by the City. A handout
showing Scott's increased costs for personnel in 1993 was
provided, showing a total increase of $14,744.00.
Mr. Waibel questioned what does the retainer from the City
represent? Mr. Alexander stated the retainer represents the
percentage of greens fees that is paid. The greens fees grew
from roughly $300,000 in 1985 to $880,000 in 1992, and he
receives a percentage of those fees. Mr. Waibel stated he was
not sure how Mr. Alexander goes $169,000 in a deficit each
year and assumed there must be some other income to cover that
cost. Mr. Alexander stated a way to clarify that would be to
take just the wages of $132,216.51, payroll taxes of
$19,689.66 and $12,583.78 for business related taxes the City
does not make up for his payroll so he is in a deficit there.
He utilizes his business... merchandise sales, rental of range
balls, rental of carts, etc., to make up the deficit along
with making him a living at the golf course. If the City had
to run the operations on its own, it might cost more than the
cost of the retainer. He emphasized he and the City do share
his people in the operation of the business.
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Ms. Vanneman stated the second relatively significant change
is in the lease payment that Scott pays for the Pro Shop
space, which would increase it by $1,000 over the whole year.
Additionally, there is a new stipulation in the contract -
Scott will be remitting 5% of his Cart Rental fees to the City
as well as 5% of the Driving Range fees. This change assists
the City in offsetting the maintenance associated with those
facilities. The golf course paths do not demand a lot of
maintenance, but they were installed three years ago with some
curbing improvements being added where drainage problems were
experienced and a general effort to keep them looking sharp
and making repairs if necessary. Although the City is not
responsible for the Driving Range, i.e., collecting balls, we
do mow it and at times fertilize it so there is some
associated costs at that facility. The expected generated
funds from those two sources are anticipated to amount to
$8,000 and will be remitted back to the City.
The third significant change is the City's expectation
regarding the amount of marshaling that will take place out on
the course. As the course has become busier, there has been
more wear and tear on the course and there is more potential
for people doing things other than playing a solid round of
golf. It had been the case that marshaling was expected
during what use to be their busiest season - May through
September. That busy season has expanded and Mr. Alexander is
being asked to provide marshaling for three additional months
each year, starting in March and finish at the end of October,
the cost of which is born by Mr. Alexander.
The fourth issue listed was a kind of reminder that though
this is a five year contract, the City plans to renegotiate at
such a time that the City proceeds with construction of the
expansion of the golf course. It was felt that it was too
difficult at this point to predict exactly what the City's
situation would be with a second course on line and we haven't
come to a definite agreement on actual construction. They are
in the process of reviewing RFQ's for design of another
course.
Ms. Vanneman emphasized there are no changes in the Lease
Agreement, which covers the kitchen and dining area as it
presently exists on the first floor and all of the second
floor of the Clubhouse. The rent is $100.00 per month or four
percent of the gross proceeds. In 1992 approximately $12,000
was remitted as rent. As a point of clarification, the City
pays the utilities for the building and Mr. Alexander takes
care of the janitorial needs for that portion of the building
and the City takes on the on going maintenance and repairs to
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the building. The building was construction in 1971 and it
does have some inherent problems, which are being addressed
through preventative work as funds are available. Some
"cosmetic" work is being done to dress it up with the hope
that the facility can be used for additional meetings and
events. The remainder of the contract is basic to a lease.
President Fitz questioned if a clause should be included that
in case the Fire Insurance is canceled or there is no payment
that the City would receive notice of such action? Ian
Sievers, City Attorney, stated it would be a good idea to
include such wording.
Mrs. Hotton questioned under "Compensation" how did the 14%
net greens fees differ from the "gross" green fees? Ms.
Vanneman explained sales taxes are backed out.
Mr. Collins questioned the total amount of square feet being
leased for $100.00 per month? Mr. Alexander stated he would
estimate the square footage as follows: Coffee shop comprises
about 800 square feet, lounge about 800 square feet and the
banquet room is approximately 1400 sq. ft. Mr. Collins
calculated that Mr. Alexander was getting approximately 3,000
square feet at a cost of $1,200 per year. Ms. Vanneman
emphasized Mr. Alexander is paying 4% or $100.00 per month,
whichever is greater. Mr. Collins questioned the square
footage for the Pro Shop and golf cart storage? Mr. Alexander
stated in the Pro Shop area there is probably about 1,500
square feet. When he started leasing space in 1987, the Pro
Shop encompassed only about 800 square feet, which he expanded
at his own expense of $25,000. At that time, he gave that
facility back over to the City. Golf cart storage is
approximately 1,000 sq. ft. Mr. Collins noted it sounds like
Mr. Alexander is getting a "good deal" on rental of space.
Ms. Vanneman emphasized Mr. Alexander offers a pretty good
service. Mr. Alexander stated he added a part of the rental
fees for the carts and driving range to come back to the City.
Mr. Collins questioned the need to clarify if what is being
stated is that the payment is for the City picking up the cost
of maintaining the driving range and paths or are we talking
about rental of storage space? Ms. Vanneman explained the
cost to maintain the cart paths is minimal at this point
because they are new. The City put in the cart paths
originally because it was in the best interest to the City.
Mr. Collins questioned if the rental fee quoted ($7,000) was
equitable for the square footage of the cart storage and Pro
Shop? Ms. Vanneman emphasized the cart storage is not much
more than an unheated lean-to and should not be considered
prime storage space. Also, she pointed out the two areas are
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not the same quality of space.
Mr. Colvin questioned what product liability entailed? Mr.
Sievers explained product liability is a specialized form of
tort action having to do with liability for injuries caused by
products. The point there is that it can be traced back
through vendors and manufacturers.
Public comment - none.
Mr. Johnson thanked Mr. Alexander, Ms. Vanneman and Arvilla
Ohlde and all of Mr. Alexander's predecessors for helping to
make Gold Mountain such a great course.
#2424
M/S/C/U(Johnson/Colvin) to approve the Professional Services
Agreement.
#2464
M/S/C(Johnson/Colvin) to approve Lease Agreement.
Vote on motion:
Motion carried.
In Favor: Overson, Neville, Horton, Waibel,
Fitz, Dawkins, Colvin, Johnson
Opposed: Collins
Mrs. Hotton emphasized that Mr. Alexander brings a
professionalism to the facility and whole golf program. From
personal experience, she knows that he goes out of his way for
the golfers in this community and to bring tournaments to the
course. And, that he, the golf course and staff are an asset
to this community.
President Fitz related one of her colleagues, who is an avid
golfer and golf coach, conveyed to her that Gold Mountain is
one of the best golf courses in the state.
Mr. Dawkins questioned how much revenue was taken in for
January '93 compared to January '92? Ms. Vanneman stated in
1992 2,284 rounds of golf were played and in January 1993
there were 474 rounds played.
Mr. Johnson suggested having a golf tournament televised by
the Cable Access crew.
Mr. Alexander thanked Council for their positive comments and
felt like the luckiest guy in the world because he works in a
profession that is also his hobby. He looks forward to a long
relationship with the City.
7A - ORDINANCE (FIRST READING) REGULATING FARMERS MARKET
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VENDORS ON THE CITY BOARDWALKANDAPPROVING THE FARMERSMARKET
AGREEMENT, #AB93-027
This ordinance will license and regulate Farmers Market
activity on the new City boardwalk. A master license will be
issued to the Farmers Market Association that will encompass
all participating vendors. In addition to this license, the
Market will be required to enter into an agreement with the
City regarding usage of the boardwalk, lease terms and lease
payment. The Parks Commission recommends approval of the
ordinance and agreement
Paula Johnston, License Inspector, stated last summer the
Farmers Market Association was on the boardwalk as soon as it
opened under a'Special Event License. The City was anxious to
get the Association into a specific regulatory license just
for Farmers Market on the boardwalk for this upcoming season.
The documents presented are: (1) License Ordinance is a
regulatory ordinance like many the City has enabling the
Farmers Market Association to have a master license for all of
the vendors throughout this season if they are member of the
Farmers Market Association. The ordinance also puts the
entire operation under the City's regulatory scheme so that
the City can regulate it effectively and keep tabs on how they
are doing on the boardwalk. (2) Farmers Market Agreement is
basically a Lease Agreement for the exclusive use of the
boardwalk for a specific day (every Sunday for at least six
hours from May i to October 1). Most of the operational
elements are found in the Lease Agreement instead of the
license document. The agreement has been an'evolving document
having gone through the Parks Commission hearing process and
in that process the Farmers Market Board were able to publicly
tell the City what they didn't like with preliminary
agreements or what they could live with. The City's goal was
to give them a very broad regulatory scheme so that they could
have the freedom to engage in market activity as they see fit.
It is the Administrations feeling that both of these documents
demonstrate that the City is supportive of the Association.
Along with the support for the agreement, Ms. Johnston
emphasized that this proposal is before Council in a non-
negotiated form. It is here to let Council see what the
Administration is proposing as regulations, no more and no
less. If Council agrees it is a reasonable proposal, then the
Administration will negotiate a final contract, which would
come back to Council for approval.
Mr. Johnson stated there were still all kinds of references in
the documents for sale and consumption of alcoholic
beverages...in the insurance section and Section 5.30.080.
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Ms. Johnston explained they are not proposing that liquor be
allowed on the boardwalk at any time or in a park at any time.
But, the language is there in case two or three years down the
road the City did make a decision to allow such activity.
That language was left in after having preliminary discussion
at committee level only as a way to facilitate such action if
that was the case. Mr. Johnson stated he would take steps to
eliminate that wording from the documents. He understood
product liability but saw no reason to allow the language
addressing the alcohol issue.
Mr. Colvin stated he was also concerned over the wording
relating to use of alcohol, however, he understood that the
agreement was between the City and Farmers Market Association.
Ian Sievers, City Attorney, stated Mr. Colvin was correct and
the Ordinance would cover future markets. Mr. Colvin
questioned if Mr. Johnson's concern wouldn't already be
covered under a current City Ordinance prohibiting alcohol in
City parks? Mr. Sievers stated he guessed that was the point
if it is prohibited why reference possibility or some
contingency where it might be allowed in turn being
inconsistent with the City's current ordinance. Mr. Colvin
stated his concern is that he does not want the City to
promote the sale of'alcohol in parks. Ms. Johnston stated at
this time no one is advocating use of alcohol in City parks.
Mr. Waibel questioned if the City was saying if one of the
local wineries were to come and try to market their product on
the boardwalk (sealed bottles) that would not be allowed? Ms.
Johnston stated the way the Parks Ordinance is written they
would not be allowed to sell on the boardwalk or in a park.
The Farms Market will not be allowed to sell wine, but she did
believe they could sell a wine vinegar because that item is
not controlled by the Liquor Board.
Mrs. Hotton stated she had two issues of concern: (1) item 24
about the sale or transfer of Bremerton's interest in the
property, meaning the boardwalk. She personally would like
that wording removed from this document. She did not feel it
was appropriate talking about selling the boardwalk in any
form. The City has a lot of responsibilities with the EDA
grant funding that would preclude the City from doing a lot of
things. (2) The document talks about "they shall not do thus
and such"...yet there appears to be nothing other than simply
terminating the contract; and there appears to be no section
as to how to control things if portions are not adhered to
through warnings, etc. Ms. Johnston explained that was where
the Farmers Market Master License comes into play because if
there are violations of the lease agreement sections the
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Page 14 of 19
licensing mechanism is a more immediate avenue to take in
order to get a remedy. Mrs. Hotton questioned what does that
say about remedying situations? Ms. Johnston stated there was
nothing specific in the document that would outline such a
procedure as Ms. Horton suggested. Mrs. Hotton questioned if
wording could be included that would provide that process?
Ms. Johnston stated the only thing already in the document
that could satisfy some of Mrs. Horton's concern would be the
provision to actually charge the Association for clean up in
the event City staff would have to come in and clean up on a
Monday morning because the Farmers Market left it undesirable
for the next day patrons. If that is the case, the City
charges by the hour for clean up. She emphasized the working
relationship with the current Farmers Market Association is
excellent and having a City liaison on that board is a good
mechanism to make sure that small problems do not grow. Mrs.
Hotton stressed for the Associations protection as well as the
City's she would like something written into the documents.
TAPE #1088
TraYis Baker, Report for The Sun, stated earlier Reverend
Eichmann commended a Council committee for making a decision
to continue prohibition of alcohol on the boardwalk and the
proposed ordinance, as written, does prohibit it, however the
addendum "Highlights Of Farmers Market Ordinance And
Agreement" includes #7 - The ordinance proposes that alcohol
be allowed during special events on the boardwalk. He
questioned the chain events that let to that and in what forum
that took place? President Fitz explained during Council's
Fiscal and'Budget Committee meeting, three of the four members
present were totally against having alcohol on the boardwalk,
the remaining member felt it was alright to have it.
Therefore, the Committee's recommendation in bringing this
item forward was that alcohol not be allowed. Mr. Overson
indicated that comparable action was taken in Operations
Committee meeting. Ms. Vanneman stated the City Attorney, upon
reviewing the document, felt that this was not an appropriate
vehicle to bring the issue back to the table for debate. She
reminded the public and City Council members that when this
issue was looked at in 1992, the vote was 4-4 and it failed
because it was a tie-vote and she felt, as did Ms. Johnston,
that it was an issue that deserved a second look because of
the tie vote. This is not a staff issue or driven by any
interest one way or another...because it was a tie it was felt
it was appropriate to bring it back for debate. She
emphasized the issue may come back to Council in another form.
She had suggested that this issue be presented to Council at
a Study Session and felt that would be an appropriate vehicle.
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February 10, 1993
Page 15 of 19
Mr. Baker questioned the dates of the Committee meetings?
Mrs Hotton indicated Committees met on February 2 and 3.
Don Atkinson, Bremerton Main Street Association, stated for
clarification that the Farmers Market Association has not been
party to any of the requests for alcohol and had taken no
position on this issue. None of this is driven by the Farmers
Market to sell alcohol on the boardwalk. President Fitz noted
that was explained to Council members during Committee
meetings.
Mr. Colvin stated he would not mind Bremerton Main Street
promoting the sale of alcohol, but he did not want the City to
appear as an advocate.
Mrs. Hotton stated she felt, in some form, the need to talk
about what the City policy is concerning alcohol sale and
consumption for the City's overall parks system. She noted
alcohol is sold on the golf course. Ms. Vanneman has
expressed an interest in having wedding receptions at Sheridan
Park Recreation Center and Senior Center, so she felt Council
needed to look at (1) do we want to have the sale and
consumption of alcohol anywhere in the City's parks system and
if so, where and how should it be done. Right now it looks
like it is a randomly handled issue and she suspected there
were places where it was going on but shouldn't be. Council,
as a policy making body, needs to address that issue once and
for all delineating if we are going to allow it, where and
when. Mr. Waibel stated it would also be good to distinguish
between drug abuse and the sometimes drinking of alcohol.
President Fitz noted when this issue came up for a vote in
1992, there were members of the Council who stated this item
should come back for further study because there may be places
where it is appropriate. She would welcome Ms. Vanneman
bringing the issue to Council through a Study Session where it
can be discussed. During the discussion in 1992, it was felt
that the boardwalk was not an appropriate place at that time
nor under these conditions.
Roy McInnis, 2711 Maple Avenue, stated he specifically heard
the City Attorney say a minute ago that there was some
ordinance already governing alcohol in City parks. He also
specifically heard someone say that the boardwalk is termed as
a park. Where he is confused is since the City already has an
ordinance that prohibits the sale of alcohol in a park why is
Council discussing this since it appears to be a waste of
time. Mr. Collins pointed out even though it states no
alcohol in parks it is currently being done on the golf course
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February 10, 1993
Page 16 of 19
and it is consumed at Jarstad Park as well as other places.
Mr. Colvin questioned if Mr. McInnis was advocating changing
the ordinance allowing the sale and consumption of alcohol in
parks in order that no one breaks the law. Mr. McInnis stated
he was not advocating anything.
Chuck Laubach, Bremerton Main Street Association, stated he
had not studied the ordinance and agreement closely, but it
looks good. He is pleased that the Market is part of a much
larger organization so that a larger body can watch over the
functions. He related his attendance at a recent conference
on "National Farmers Markets" held in Portland, Oregon. At
that conference,they .conveyed the importance of having
products grown, gathered or produced or made from the vendors
themselves. He believed that type of thing helps promote jobs
and employment for people in the local areas. He sees this as
a viable type of industry to have for the City. He cautioned
putting too many restrictions that might impede the markets
growth and success. He did express concern over Item #4 in
the Farmers Market Agreement that states: "The Market shall
continue to collect dues from its members at least equal to
its current rate of six percent of gross sales...". It was
his feeling that if the market can be operated for less then
less should be collected from the members. He did not quite
understand Item #3, where it talks about any additional
months, days or hours of operation, and was not sure what that
would encompass when talking about having the market for
Concert On The Dock or other events. He was concerned that
this proposal may be somewhat limiting, but was sure it could
be worked out. He noted the Market was going to try and have
some form of entertainment every Sunday.
Mr. Overson stated he felt the Farmers Market participants
should represent quality and questioned if Ms. Johnston felt
this document provides standards for the booths that will help
keep a quality appearance? Ms. Johnston stated because we
have the benefit of experience on the boardwalk from last
summer, she feels confident that the sparse regulations are
enough at least for this coming year. Mr. Overson questioned
if this agreement addresses necessary safety concerns, i.e.,
barring vehicles on the boardwalk? Ms. Johnston stated
imbedded in the documents are trust and goodwill of the
Farmers Market Association and this organization has displayed
good regulatory judgement on their own in past operations.
Mrs. Horton questioned if Ms. Johnston saw any reason why
Council should not pass the Ordinance and then have her come
back with the Farmers Market Agreement at a later date? Ms.
Johnston encouraged Council to consider passage of the
ordinance at this time so they could get that application
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Page 17 of 19
process in gear by March 1.
0421
M/S/C(Horton/Colvin) to approve Ordinance, on first reading,
regulating Farmers Market vendors on the City's boardwalk with
the amendment of Section 5.30.080 ALCOHOL BEVERAGES - SALE -
CONSUMPTION to read: "The sale and consumption of alcoholic
beverages is prohibited on the boardwalk; and to authorize the
Mayor to negotiate the agreement, which will be brought back
to Council upon completion of the negotiations.
Mr. Collins questioned why had the general configuration of
the layout of the stalls been changed for future markets? He
noted last year there were significant stalls in the area
around the plaza and along the plaza towards the Wheelhouse.
Ms. Johnston explained there are two reasons for that change:
(1) the Marina will be more active this summer and because of
congestion and the narrower boardwalk it was felt that it
would be safer for everyone involved to move them towards the
Turner Joy. And (2) to encourage people to enjoy the Turner
Joy and the Farmers Market. Ms. Vanneman stated an additional
reason is that last year booths were placed in front of an
unfinished green space in an attempt to camouflage the
uncompleted area. This year that space has been landscaped
and in her opinion it will be a nice place to sit and enjoy
the surrounding area. Mr. Collins stated his question
revolves around the fact that there is a fairly large area and
how difficult it might be for a vendor to carry in supplies to
the booths at the northern end of the boardwalk. He believed
there are ways to have booths near the Marina and still leave
space for viewing and access. Mayor Mentor stated the intent
is to do a lot of things on the boardwalk and make it more
than just "one thing". He emphasized the need to make it
convenient for Marina users to access the Harbor Masters
Office and Marina facilities. Also, he stressed the
importance of making it convenient for people who were not
particularly interested in the Farmers Market to enjoy the
boardwalk facilities without having to go through the market
area. In the past there have been booths set up around the
"prop" and "statue", however, at this point it is desired to
keep that area open for public viewing. Mr. Colvin raised the
issue that this plan is not etched in concrete and if it
didn't work adjustments could be made. Mayor Mentor explained
the plan presented was agreed to by the Farmers Market
committee, which included vendor representation.
Mr. Johnson questioned if the definition of the boardwalk area
included the viewing station, grassy area, etc. Mr. Sievers
stated yes.
#0784
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Vote on motion:
Motion carried.
In Favor:
Opposed:
Dawkins:
Johnson, Overson, Horton, Colvin
Fitz
Neville, Collins, Waibel
Abstain
7B - RESOLUTION NO. 2425, AMENDING REGULATORY LICENSE FEES -
FARMERS MARKET, #AB93-028
This resolution amends regulatory license fees to include the
new annual license fee of $350 for the Farmers Market master
license.
Paula Johnston, License Inspector, stated some time ago
Council passed legislation that placed all regulatory license
fees in Resolution format. Therefore, it is necessary to
revisit the Resolution every time there is a change, addition,
deletion, etc. The proposed Resolution will add a fee
schedule for Regulatory License for a Farmers Market Master
License. The fees in the Resolution are in uneven amounts
this year because a CPI adjustment was incorporated as of
January 1, 1993.
Mr. Colvin questioned how did this fee compare to what was
charged last year? Ms. Johnston stated fees increased by
2.9%.
Mr. Waibel stated for clarification that the intent is to
place all fees in one place and it is necessary to go a
specific section in the Bremerton Municipal Code (BMC) to
determine exactly what is being licensed in that area. He
requested that the fee structure be listed in the same order
as. it is placed in the BMC.
Mr. Overson thanked Terrie O'Neill for her letter to the Port
Of Bremerton soliciting their input. He explained that during
Operation Committee's meeting it was learned that the Port had
not been officially notified of the City intent relating to
the Farmers Market and that a letter to the Port would be
appropriate. Ms. O'Neill stated she did talk with the Ken
Atteberry, Port Manager, and the only problem he had was the
need to make sure that none of the vendors put their plugs
into their electrical outlets.
Public comment - none.
M/S/C/U(Waibel/Colvin) to pass Resolution #2425, amending
regulatory license fees.
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With no further business meeting adjourned at 7:44 P.M.
KATHLEEN L. McCL~SKEY, City Clerk
City of Bremerton
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