HomeMy WebLinkAbout03/25/92 TApE %1005 UNAPPROVED DR~FT ~
CIT .ET NG .I.VTBS
NARCH 25~ ~992
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, March 25,
1992, at 5:30 p.m., with Council President Lynn Horton
presiding. Council members present: Lon Overson, Wayne Estes,
Eileen Fitz, Hank Waibel, Morrie Dawkins, Russ Johnson, A1
Colvin and C.R. "Tiny" Collins. Also present were City
Attorney Ian Sievers and Kathleen L. McCluskey, City Clerk.
The meeting opened with the Pledge of Allegiance led by
Council President Horton and Invocation given by Councilman A1
Colvin.
President Horton announced Item 6C - Hiring Of Day Camp Staff
had been added to the Agenda; and Council will hold an
Executive Session on "litigation" immediately following the
Council meeting.
CONSENT AGENDA
A. Minutes Of Meeting - March 4, 1992 #AB92-074
#0035 M/S/C/U(Waibel/Estes) 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.
#0050 M/S/C/U(Colvin/Dawkins) on March 25, 1992, the Council does
approve for payment those vouchers included and further
described as follows: 146538 through 146543 in the total
amount of $36,991.08.
COUNCIL MEMBER REPORTS
Mr. Overson announced a public meeting sponsored by the
Washington State Ferry System will be held at the Bremerton
Ferry Terminal on Thursday, March 26, 3:30 - 6:30 P.M.
Mr. Estes reported in about 30 days a group of veterans
sponsoring location of a Washington State Veterans Memorial in
Bremerton will be considering other locations for such a
facility. He requested Richard Chrisinger to brief Council on
the progress or non-progress of this proposal. Richard
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Chrisinqer, Commander of VFW Post #3694 and member of the
Veterans Of Washington Coalition, explained some veterans have
fallen away from supporting the Memorial project and a number
of Vietnam Veteran Chapters have folded or are folding. He
noted 1992 is the 59th Anniversary since President Roosevelt
signed the order to establish the Civilian Conservation Corps,
also known as the Tree Army or Soil Soldier. On April 9,
1992, 11:00 A.M. a ceremony commemorating the 50th Anniversary
of the Fall of Corregidor and Bataan Death March will be held
at Bataan Park. He announced final disposition had not been
reached on the USS Hornet and the hope of locating it on the
Tacoma waterfront. Mr. Estes stated if Bremerton wants the
Veterans Memorial project, it must act soon. He was concerned
that there appears to be a concerted effort to not bring in
tourism or jobs to Bremerton.
Mr. Waibel stated he has seen and agreed with the proposed new
ferry rates. Being a user of the ferries, he will be unable
to attend that particular meeting.
Mr. Johnson reported as a result of the recent discussion on
the solid waste contract, there are a number of items that are
in active discussion between the City and Brem-Air. He
anticipates coming forward with some type of amendment, within
the very near future, for changes resulting from that input.
Mr. Colvin reported today a representative of the Kitsap
County Sheriff's Department gave a talk on "Block Watch" at
the Bremerton Central Lions Club meeting. Because of interest
by District #1 residents, he requested Chief Del McNeal make
a presentation on the City's Block Watch Program during a
Council meeting. He thanked the citizens for their involvement
and participation in the recent Cancer Fund Drive.
Mr. Dawkins noted this will be Mr. Estes last City Council
meeting. He wished Mr. Estes well on his new adventure.
Mr. Collins sent special "greetings" to Chet Swanson, his
father-in-law, who is in the hospital recuperating. He
described his father-in-law as a "pillar" of the community .
PUBLIC RECOGNITION
Jerz7 Reid, President of the Bremerton Area Chamber of
Commerce, introduce the 1992 A~med Forces Queen court:
Shalan Rockwell/Bremerton High School, sponsor Kitsap
Physicians Service; Jayna Kim/Bremerton High School, Sponsor
Dunham Glass Co.; Heather Wallace/Bremerton High School,
sponsor Lewis Chapel; Kathy C. Paulsen/Olympic High School,
sponsor Clarke's Drug; Pauline Monzon/Olympic High School,
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sponsor Hayward Insurance; Heather Wisler/Olympic High School,
sponsor Pacific First Bank, Kristie Lee Bryan/Olymic College,
sponsor Kitsap Bank; Deanna Dewell/Central kitsap High School,
sponsor Land Title Company of Kitsap County; Ami Lynn
Fortman/South Kitsap High School, sponsor Janssen's Charters
& Tours; Stacy Strapac/South Kitsap High School, sponsor
National Bank Of Bremerton.
Mayor Mentor read a letter of thanks from the Lyle Saunders,
Drum Major of Tacoma Scotts Pipers & Drums, for the
opportunity for their group to participate in Bremerton's
first St. Patrick's Day Parade. This past week he had the
opportunity to accompany me~bers of the Puget Sound Naval Base
Association on a trip to Washington, D.C., to discuss and
promote Bremerton and Kitsap County to the Navy. He was
pleased with their reception before the Congressional
delegation from Washington and the message they received from
that meeting was to "not be overly optimistic - be very
cautious". Another thing he learned from that trip was the
good reputation of Puget Sound Naval Shipyard, Keyport,
Bangor, and Naval Supply Center Depot. He displayed a copy of
a national magazine titled "MILITARY LIFESTYLE, Feb. 1992,
which contained an article promoting Bremerton and Kitsap
County. He announced Representatives Peggy Johnson and Tim
Sheldon will hold a Town Meeting on Saturday, March 28, 10:00
A.M., in the City Council Chambers. He wished Wayne Estes
"Good Luck" on his new life in Chehalis, Washington.
Jack Lakoski, Kitsap lake area, expressed concern over a
recent change in policy by Dave Baker, City Engineer, relating
to approving short plat applications that are not drawn up by
a licensed surveyor. He cited the City's Zoning Ordinance,
which stated: "all short plats will be prepared by a licensed
surveyor unless this requirement is waived by the City
Engineer". Mr. Lakoski had submitted an application for a
simple short plat, which was denied by Mr. Baker. Upon
checking with local surveyors, he found that the cost to have
a surveyor prepare the subject short plat would cost him
between $400-600.00. He felt this was totally unreasonable
that a citizen would have to pay that amount for a simple
short plat. He urged Council to not support Mr. Baker's
decision to pursue changing the Zoning Ordinance to reflect
that a license surveyor would be required to prepared a simple
short plat. He did go to Don Pratt, Director Of Community
Development, and requested an application to appeal Mr.
Baker's decision. At that time, he was told there was no
appeal process for that issue and would have to be taken to
Superior Court for further review. President Horton requested
the City Attorney speak with Mr. Lakoski and review what had
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transpired. She noted until staff brings an amendment to the
Zoning Ordinance to pull out the "waiver" process, the
ordinance stands as is. Mr. Lakoski questioned how could he
be sure of being notified of such a meeting? Xan Sievers,
City Attorney, stated he could forward Mr. Lakoski a direct
notice. Mr. Lakoksi stated one additional point Mr. Baker
made to him was that legal descriptions change sometimes,
which he did not agree with and displayed a legal description
on a piece of his property that dated back to 1877.
6A - OVERWATER PARK CHANGE ORDER ~1, ~AB92-057
This Change Order includes Change Order Proposals No. 1, 2, 3
& 6 plus Field Orders No. i & 2 as shown on the attached
documentation.
These changes have been required in order for the project to
proceed on schedule. The contract sum will increase from
$1,778,700.00 to $1,885,440.97, including tax.
Dave Baker, City Engineer, stated the details of this proposal
had been discussed previously and he would standby for any
questions.
Mr. Overson questioned how accurate were the figures on the
front of the Agenda Bill ($1,778,700 to $1,885.440.97)? Mr.
Baker stated the contract amount changed to that new figure.
Mr. Overson expressed concern that they were not the actual
figures. Mr. Baker stated they are the exact figures and
included sales tax. He pointed out he was not discussing the
project budget but rather the contract.
Mr. Waibel questioned if the statement (on the Agenda Bill)
"Reduces the project contingency to $183,844.03" was also
accurate? Mr. Baker stated no, since Council action last
week, the contingency right now, until Council acts on the
next Agenda item, would be $245,651.63. Mr. Johnson
questioned if that figure was cash in the bank and available
to use? Mr. Baker stated that was funding approved by Council
the previous week through a Budget Adjustment. If the
following Agenda item is approved, the contingency fund would
be reduced to $100,000, which would be partially spent for
contingencies relating to pipe.
Mr. Overson questioned if the budget was "correct" as a result
of last week's Council action? Mr. Baker stated the budget
will have, following Council action, a $100,000 contingency.
Mr. Overson expressed concern that it took several weeks to
adopt and amend ordinances, but it took very little time to
spend large sums of money.
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Public comment - none.
Mr. Waibel made the following statement relating to Item 6A
and 6B: these items have been before Council previously and
because of problems were sent back to staff. Now, they are
being returned in the same condition, i.e., same cover sheets,
without any indication of any corrections made during the
interim. He pointed out "Impacts" should have been changed
and there are statements that do not reflect current funding
sources.
#1471 M/S/C/U(Fitz/Waibel) to approve Change Order No. 1 changing
the contract sum from $1,778,700.00 to $1,885,440.97,
including tax.
6B - CONTRACT AMENDMENT IN SETTLEMENT OF OVERWATER PARK
CONTRACT DISPUTE~ ~AB92-058
A dispute has arisen in the interpretation of the Overwater
Park contract language regarding payment of pilings. A
negotiated settlement has been reached between Quigg Bros. -
McDonald, Inc., and the City whereby the City would include a
price for the contract estimate for piling based on 59% of the
contractor's unit prices for piling. The cost to the City
amounts to $145,651.53, plus tax.
Mr. Waibel noted this item does state there is no funding
available and should now reflect that funding was designated
by Council the previous week. He also noted the cost of the
contract, if this item is approved, will be $2,031,091.00, and
should be reflected in future documents.
Mr. Estes questioned if Mayor Mentor could assure Council that
this project will have"smooth sailing" from now on and if it
will be built within the new budget? Mayor Mentor stated to
the best of his knowledge and everyone involved this will
solve the litigation and the previous amendment will solve the
overage. He hoped there would not be any large overruns in
the future. He is anticipating having a dedication ceremony on
May 9, if everything goes on schedule. Mr. Estes questioned
the status of the Centennial Plaza and would it be completed
by May 9? Mayor Mentor explained by May 9th the first section
of the project is guaranteed to be done, which would include
the plaza, statues, etc. There will be continued construction
until September, i.e, Turner Joy gift shop, Harbor Master
facility, etc. He anticipates holding the Armed Forces Day
Festival on the boardwalk on May 16.
Public comment - none.
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#1673 M/S/C/U(Dawkins/Estes) to approve the contract amendment
increasing the total contract price by $145,651.53, plus tax.
6C - HIRING OF DAY CAMP ~TAFF, ~AB92-079
"Acting Camp", the Park and Recreation Department sponsored
week long day camp, is scheduled to begin on Monday, April 6,
1992. Currently, four individuals have been hired as camp
staff members, but in order to provide fun filled activities
and the appropriate level of supervision on the campers, three
more individuals must be hired.
Jodi Wroblewski, Assistant Parks & Recreation Director, stated
the Agenda Bill outlined their need and they anticipate
participation of approximately 50 children in this program.
President Horton explained due to Council's recent action to
place a freeze on hiring, all requests for hiring must come
before Council for prior approval. This item was presented on
a somewhat "emergency" basis prior to being placed on
tonight's Agenda. Fiscal and Budget Committee members were
contacted and concurred with the proposed hires.
Mr. Johnson stated for clarification, during a Fiscal and
Budget Committee meeting the question was raised when did the
"hiring freeze" take affect? He explained if offers were made
prior to March 18 and accepted by the applicant, it would not
have to come before Council. However, if a position is in the
budget but an offer has not been made then it would have to
come before Council. In this case, Fiscal and Budget
Committee did recommend approval. This same policy would
apply to contracts made prior to March 18.
Mr. Overson cautioned Council's previous budgetary action was
based on concern of lack of funds and this proposal will
impact revenues available. Ms. Wroblewski explained the day
camp participants do pay an activity fee and those fees will
cover the direct cost of the program. Mr. Overson pointed out
with that type of information Council can then make a more
qualified decision and hoped all future items addressing
hiring would come forward with cost impact basis.
Mr. Waibel pointed out this was an emergency of Council's own
making due to action taken one week ago. He did not want
staff to rely on the concept of emergencies in the future. He
would like more information included on the Agenda Bill, not
just the fact that an item had been reviewed by a Council
Committee. President Horton stressed that staff will be asked
to have Agenda Bills prepared at the time they take the item
to Council Committee and have a response from the Committee
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noted directly on that fo~m.
Mr. Johnson stated there are three other similar type
personnel requests of a larger nature for hiring summer /part-
time help. The Fiscal and Budget Committee directed staff to
bring those hire items to the Council on separate Agenda Bills
so Council can act on a programmatic level. It was not
desired to get into the specifics of how many hours, but
rather man days and dollars needed. Caroline Marshall,
Director of Personnel, reported she will be attempting to
coordinate and give instructions to all of the City managers
on the hiring freeze. To her understanding, this would affect
all funds of the City and Council wishes to review all
employment actions.
Public comment - none.
%2069 M/S/C/U(Dawkins/Waibel) to approve the hiring of three
additional "Action Camp" staff.
7A - ORDINANCE (FIRST READING) REPEALING PERSONNEL POLICIES ON
WAGES, HOURSm ~tND BENEFITS IN B.M.C. CHAPTER Z THAT NO LONGER
APPLYm ~AB92-075
The chapters listed below were adopted prior to the Public
Employees Bargaining Act (Chapter 41.56 RCW) and rulings
affecting Cities under the Fair Labor Standards Act.
Subsequent amendments have been spotty.
Ail these ordinances are pre-empted by collective bargaining,
PERS, and FLSA. None are adopted by reference in current
contracts and are generally disregarded in employee relations.
For example, there have recently been two instances where
bargained employee contracts have been inconsistent with these
ordinances. Ordinances and policies regulating hours and
benefits for non-union management and professional employees
who are not subject to collective bargaining remain in effect.
The following should be repealed:
Chapter 2.36 Salaries
Chapter 2.40 Employees - Hours, Vacations, Sick Leave
Chapter 2.44 Employees - Retirement and Pensions
Chapter 2.52 Employees Expenses
(Note: FISCAL & BUDGET COMMITTEE did discuss this item, but
not in detail).
Caroline Marshall, Personnel Director, explained she had been
trying to repeal these Chapters for some time because they no
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longer applied. Many of the provisions were set 20-30 years
ago and subsequent to those years collective bargaining has
been into being, the fo~m of government altered as well as
the Civil Services Commissions' role in administering. All of
the applicable information has been incorporated into labor
agreements.
Ian sievers, city Attorney, stated there are a couple issues
that do not fit into the general description in the Agenda
Bill, such as there was one employee section setting office
hours for City Hall, which will be adopted in a more
administrative Chapter. The chapters listed are outdated and
range from the benign to outright illegal actions, i.e., age
discrimination act of 1967. He urged Council to eliminate the
sections noted.
Mr. Johnson questioned where will business hours of City Hall
and holidays be listed? Mr Sievers felt the most appropriate
chapter for that information would be Chapter 2.4, which is at
the beginning of the Administrative title. He noted holidays
are also listed in contracts. Mr. Sievers stated that could
be included at the time of second reading of the ordinance and
that section can be recodified as a new section.
Mr. Waibel questioned the term "Secretary Chief Examiner" or
"City Commissioner" and if there were other ordinances in the
Bremerton Municipal Code (BMC) that refer to individuals in
positions that no longer exist? Mr. Sievers stated there are
other ordinances in the code that are equally outdated and
City departments should be responsible for updating their own
sections of the code. He will be reviewing the BMC for such
outdated information and started with Title 2. Mr. Waibel
stated he was not sure the relationship between Civil Service
and collective bargaining was clearly established or addressed
in writing. He noted this was not done well by the State nor
by the City.
Mr. Overson questioned where were the items under Chapter 2.52
listed? Mrs. Marshall stated there is an Administratively
Policy administered by the Director of Administrative Services
along with an ordinance that is in effect. Mr. Sievers stated
it is listed under Policy 3-1, which has to be approved by
Council via an ordinance. His intent in removing those two
chapters was due to the fact that it is an internal matter
between the employee's reimbursement and the Administration
and does not affect the public. ~%_~~ pointed out City
Council does not approve City Administrative Policies. mr.
Sievers stated on matters of compensation they must and there
cannot be a change made on the policy unless Council gives its
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approval (Policy 3-1).
Mr. Colvin expressed concern that documentation was not
provided showing where the cited chapters are being replaced,
if applicable. Mr. SieverS noted he could provide that
information at the time of second reading of the ordinance.
Mr. Overson expressed concern that supplying that information
may be a significant task. Mrs. Marshall explained that she
had a good working knowledge in this area and had much of the
material close at hand to develop a listing. Presi4ent Horton
pointed out questions like these should be brought up to staff
during Council committee meetings and then appropriate staff
should incorporate them into the documentation. Mrs. Marshall
suggested taking this item through Fiscal and Budget Committee
another time before Council takes action.
Public comment - none.
Mr. Johnson felt there needed to be an established mechanism
to update or eliminate outdated legislation. It is not always
clear which ordinances end up codified in the BMC, and he felt
it should be addressed so there is a greater understanding as
to what is included. Mr. Sievers reported when Book
Publishing was handling the City's codifying, many times they
called the City and requested what should be included. The
City's policy has been that ordinances of a permanent duration
go into the Code, i.e, annual Budget Ordinances do not. Mr.
Johnson noted the Zoning Ordinance was a type of ordinance
that would probably stand alone but be referenced in the
B.M.C. Mr. S~evers stated the Zoning Ordinance has been
codified and will be placed in the BMC next quarter. He
agreed with Mr. Johnson that the Zoning Ordinance was a
document that needed to stand alone so that it could be handed
out to the public. It is one of the documents that others
want to refer to frequently and referred to in Law Libraries.
#2876 M/S/C/U(Overson/Colvin) to continue this issue for two weeks
giving staff the opportunity to bring back additional
information.
7B - RESOLUTION NO. 2384t TO CONSIDER REGULATORY LICENSE FEE~
INTO ONE SCHEDULE FROM INDIVIDUAL 0RDINANCESt ~AB92-07~
It is being proposed to transfer Regulatory License Fees from
BMC Title 5 (License Regulations) and Chapters 9.48
(Fireworks) and 10.24 (Oversize Loads) to a consolidated
schedule of fees via resolution format and to automatically
adjust annual regulatory license fees to reflect any increase
in the Consumer Price Index (CPI). Also, the following fees
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have been increased to reflect more balanced cost recovery
from license enforcement: Ambulance vehicles,
dancing/entertainment, firework stands, house moving,
pawnbroker, pet shops and grooming parlors, special events,
taxicabs, mobile food vendors, and Christmas tree lots.
Presented to Fiscal and Budget Committee March 10, 1992.
Paula Johnston, License Inspector, stated in November, 1991,
during budget discussions, Council directed the Director Of
Administrative Services to look at the regulatory license fees
being charged and to see if there was justification for a rate
increase; and to consolidate all of those fees into Resolution
form. This item and the following Agenda item are presented
in order to carry out the direction given.
The intent of a regulatory license is to identify certain
business activities inside the City that impact the safety and
welfare of citizens at an extraordinary level. The City
enforces those regulatory ordinances for those businesses with
many different City departments, which costs the City, and
regulatory fees go toward cost recovery. Some license fees
were identified that could be increased with justification
because more City services have been provided in those areas.
Out of 3,000 licensed businesses (2,000 based in Bremerton),
approximately 100 have some sort of regulatory license. A
Comparison Table was provided showing the current fee and
proposed fee for those 100+ business; and they were all
notified of this meeting and the potential of fee increases.
Mr. Colvin's main concern was that the owners of the
businesses had been notified of this potential increase. Ms.
Johnston stated to the best of her knowledge they had been
notified. In the area of fire works stands, the fire works
manufacturer is the licensee and received the notification.
To her understanding, they in turn notified their sponsors, of
which 80% are non-profit organizations.
Mr. Collins questioned the difference between these fees and
business licenses and why couldn't the business license
include a regulatory charge? Ms. Johnston stated a Business
License is a license to engage in business activity within the
City. It is a privileged license and it is the City's
registration format for taxation purposes. Such a license
costs $30.00 per year and everyone engaging in business in
Bremerton must procure a Business License. A Regulatory
License is above and beyond the Business License and it is for
certain activities that Council has historically said they
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would like regulated above and beyond the taxing authority
base.
TAPE ~1006
Mr. Collins questioned if all Veterinary Offices will be
required to pay $250.00 per year for such a license? Ms.
Johnston explained currently Veterinary offices are shown as
"exemption" in the Pet Shop Ordinance. This Resolution does
not include definitions but just the business, i.e., kennel,
pet shop or grooming parlor. Veterinary clinics are not
considered a kennel under the current ordinance. Mr. Collins
expressed frustration in that he recently took an animal to a
Veterinary office to be kenneled. Ms. Johnston explained
Veterinary offices have been historically exempted from
kenneling regulations due to their having an active State
level of qualifications by virtue of being a veterinarian and
the City relies on this in place of a regulatory license. Pet
grooming parlors are included under the proposed fee
structure. That type of business is not regulated under the
existing ordinance, however, the Animal Control Supervisor
desires to have them included. A following ordinance covering
pet grooming parlors will be brought to Council within one
month.
President Horton questioned the level of inspection being made
by the City for justifying fee increases? Ms. Johnston stated
each regulatory ordinance is different and would impact
different departments for different issues. President Horton
pointed out the need for information explaining the added
costs of regulation for those businesses whose fees are being
doubled or more. Mr. Collins questioned how many times is a
fire works stand inspected? Ms. Johnston stated there is an
initial inspection by the Fire Marshal with a follow up
inspection when needed before it is operational, as well as
complaints that must be followed up throughout out the sale
time period. In some isolated incidents, there might be some
unsafe use of fire works at a stand area. Ail of these types
of concerns impact City services that respond to that highly
volatile situation. Also, the Zoning Department must approve
placement of fire works stands and this costs staff time. Mr.
Collins suggested using the "ticket" system for violations
thereby letting that system pay for the service. Ms. Johnston
stated many of the proposed fee rates are just a small amount
of the cost incurred by the City. She is attempting to get
the cost of service and fees for such service a little closer.
She offered to come back with a short commentary or cost
analysis for each increase prior to Council's action. Mr.
Collins questioned if there was any other way to recover such
costs? Ms. Johnston stated the most economic way is through
a user fee. Mr. Waibel pointed out the proposal is not
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addressing "violations" but setting up regulations for safety
so that violations do not occur. He pointed out Barber Shops
are not regulated by the City because the Health Department
provides that service. He questioned if it was known what
Ordinance the Resolution would be attached to? Ms. Johnston
stated the Resolution will be attached to the Ordinance being
presented as the next Agenda item and it has all the
complimentary appeals and amendments to take the fees out and
place them in Resolution form. The fees listed on Exhibit A
of the Resolution incorporates the proposed increases. Mr.
Waibel expressed concern with the process of putting into
effect fees prior to an ordinance being approved. Ms.
Johnston explained they needed to be acted upon
simultaneously. Mr. Waibel felt it was good to keep fees in
line with the cost of living but there are also changes that
occur in regulation requirements both by the State and City
that would lessen the impact in terms of consumer price and
might, in many cases, exceed that cost. He questioned what
would the process be in the event Council did not want to just
follow the CPI for increases? Ian Slevers, City Attorney,
stated at the time this issue was dealt with for Planning
fees, it was discussed that staff could prepare budgetary
information based on CPI percentages and if Council did not
agree with that proposal, then an affirmative Resolution could
be prepared to reflect more appropriate percentages. Mr.
Johnson pointed out the two "blocks" most often left blank on
the Agenda form are "Expiration Date" and "Review Date", which
would help trigger updating by the department.
Mr. Overson questioned any major impact if this proposal is
not approved? Ms. Johnston noted the fees would remain in the
ordinance as previously adopted, not be listed together and
the City would not see S8-10,000/annually in additional
revenues. Mr. Overson pointed out if Council changed this
proposal, it would have an impact on the 1992 budget due to
the fact that the Mayor presented the intent to increase these
fees and did include that increase in the budget.
Mrs. Fitz pointed out other cities do not have regulatory fees
on some of the businesses being proposed and questioned why
such fees are being proposed for those businesses in
Bremerton? Ms. Johnston explained every City is different in
terms of their recipe of regulatory businesses. In the
instance of ambulance service, there may be no license and no
fee or a $10.00 fee because a city has chosen to rely on State
regulation. For that service, Bremerton has historically not
relied strictly on State regulation because the City's Fire
Department believes that State regulation is basically non-
existent on an operational level. In the area of restaurants,
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fees from other cites are quite competitive and she could not
speak to why other cities regulate. Bremerton regulates
dancing and entertainment/liquor establishments because the
combination seems to turn to situations that become very rowdy
and consequently receive quite a few calls to the Police
Department from citizens. Mrs. Fit~ questioned if the City
received complaints against pet shops? Ms. Johnston stated
yes.
Mr. Johnson commended Ms. Johnston for developing this
proposal and requesting input from Council members prior to
its being finalized into the presentation fo~m.
Mr. Waibel questioned other cities fees relating to "house
moving"? Ms. Johnston explained other cities do not require
a license or fee, but they probably incorporate the regulatory
aspect into City services as a whole. Maybe other Planning
Departments do not impose their license fees in an area that
is regulatory, similar to the City's whereby it is included
under Title 10 instead of Title 5 Regulatory Licensing.
Dick Maurice, President of Rivero Incorporated - E1 Camino
Restaurant/Callow Avenue, stated he had been in business for
14 years. If the City has a budgetary problem and is looking
for additional revenue to run its system, he supported raising
the cost of business licenses to $50.00 per year for all
business. The amount of revenue generated by the small,
singled out group of businesses proposed would only bring in
$8-10,000 annually and he felt it was time for everyone to
"pitch in" and help the City.
Gra¥1ee Johnson, Bremerton Ambulance Company, addressed the
issue of the Ambulance Attendant/Driver fee increasing from
$10.00 to $50.00 per year. After leaving private services out
in the cold for three months waiting for a modest increase in
their rates amounting to less than 6% across the board, the
City proposes to make up for poor planning by increasing
ambulance company employees'license fees by 400%, a fee which
they are required to pay prior to being eligible for hire. In
her opinion, this is not only inappropriate but ridiculous.
She requested Council to modify the EMT licensing rate
downward to a more reasonable figure consistent with the
City's more reasonable customer rate increases required of the
providers and more consistent with what an EMT seeking first
time employment is likely and able to afford.
Kathleen McCluske¥, City Clerk, read into the record a letter
from James W. Wooley, Fireworks Chairman Chapter 169, Vietnam
Veterans Of America Inc. Mr. Wooley protested the proposed
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900% increase for fireworks permits. This would adversely
impact local non-profit groups who use this method of fund
raising. He stated his group would support "actual costs of
permits and inspection" but not at the rate of 900%.
Mr. Overson requested clarification on "ambulance driver"
costs. Ms. Johnston explained "ambulance driver" was listed
in Exhibit A of the Resolution but accidently not included on
the comparative sheet. Ambulance drivers have been charged
$10.00 per year for a license since 1982, and when Cab drivers
were increased from $10.00 to $25.00 in 1988, ambulance
drivers were not addressed at that time because they were part
of an old Resolution and not part of Title 5. Now, it is
proposed to set that fee at $50.00 per year along with Cab
drivers. This fee increase is needed because of the extensive
background information provided by the City for those
positions. The City has an immediate liability and exposure
liability when issuing licenses. This applies especially to
driving - cabs and ambulances. Mr. Overson pointed out the
income for those positions is not included in the resolution
document nor the budget. Ms. Johnston stated it is her
understanding it would be included in the $8-10,000 revenue
source.
Mr. Estes stated considering today's economic climate,
businesses have to be courageous and many are on verge of
going out-of-business. He questioned if raising $8-10,000 for
the City was really worth it. He supported Mr. Maurice's
suggestion and felt a gradual 10% increase per year would have
less of an impact than what is being proposed. Mr. Collins
supported Mr. Maurice's idea as well, and questioned if that
would spread the "hurt" around more equitably? Ms. Johnston
stated that was an entirely new issue - this exercise was to
match costs to regulatory fees. When the City's Business
License fee increased from $10.00 to $25.00 and then to $30,
it did adversely affect many small businesses not included
under the regulatory license. There are many cities, such as
Tacoma, who increased their Business Licenses from $5.00/one
time license to $75.00 all at once. If Council wished such a
proposal, she would provide one. Kathleen McCluske¥, City
Clerk, stated the problem with that theory is that the cost
would be spread among people who are not the ones requiring
the enforcement. When the proposal was developed, the intent
was to not include the thousands of businesses who do not
generate additional regulation for the City, but rather only
those that have escalated use of City services as a result of
the operation of their business.
Mr. Waibel stated as a point of clarification, the Mayor did
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present proposed fee changes and Council did say they wanted
a total review of such fees. He did not understand why some
Council members were now resisting requiring businesses that
used additional City services to pay their fair share of those
costs. He urged Council to support this proposal because they
asked for it and the City needs it.
Mrs. Fitz stated those business who are creating the problems
should be made to pay for those services and those not causing
problems should not be penalized. She felt it would be more
equitable if a business was charged a fee every time City
services were used beyond the normal level. Ms. Johnston
pointed out as Mr. Waibel previously stated, regulations are
not all a negative response and the purpose is to regulate an
industry overseeing it for public health/safety/welfare
purposes.
Mr. Colvin pointed out some of the proposed fees had not been
increased in 22 years. He questioned if adult movies were
regulated? Ms. Johnston stated the City had never regulated
adult movie theaters. Mr. Colvin questioned the wording "State
Pre-emption"? Ms. Johnston explained that wording referenced
massage parlors and security guards.., in July 1991, the State
pre-empted regulatory powers over those two industries. Mr.
Colvin questioned if there was a disturbance at such an
establishment, who would respond? Ms. Johnston stated the
City would still have to respond. President Morton questioned
if Ms. Johnston felt there should be other businesses listed
that were not already included on the list? Ms. Johnston
stated as License Inspector, she would recommend that a review
be made of adult bookstores and adult theaters.
Mr. Waibel stressed the proper procedure would be to pass the
rate schedule after the Ordinance was acted upon in the next
Agenda Item.
#1197 M/S/C/U(Waibel/Overson) to table this item until after hearing
and acting on Item 7C.
?C - ORDINANCE (FIRST READING} TO TRANSFER REGULATORY LICENSE
FEES FROM BMC TITLE $ LICENSE REGULATIONS ]tND CHAPTERS 9,49
FIREWORKS AND 10.Z4 OVERSIZE LOADS TO RESOLUTION FEE SCHEDULE,
#AB92-077
In order to transfer regulatory license fees from individual
ordinances to a resolution fee schedule, all affected chapters
of the BMC need to be amended. This ordinance accomplishes
this by either repealing entire sections of license chapters
that solely address license fees or amending sections where
fees and other license terms are discussed. Also, Massage
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Parlor and Security Guard regulatory licensing is repealed due
to State preemption; and there is a new chapter on Christmas
tree lots added to Title 5 License Regulations.
Presented to Fiscal and Budget Committee March 10, 1992.
P&ul& Johnston, License Inspector, stated the proposed
Ordinance is a consolidation of all the affected regulatory
ordinances...everything in Title 5, plus fireworks under Title
9 and house moving under Title 10. There were a couple areas
amended that did not reference license fees and were strictly
housekeeping items either correcting errors or taking out
wording that had become outdated in relation to other Titles
in the BMC.
Mr. Overson questioned if "license renewal" was required each
year? Ms. Johnson stated only in specified regulatory
licensing ordinances.
Mr. W&ibel questioned if part of the motion should include
direction to staff to look into possible regulations of adult
bookstores. Mr. Johnson stated he would not support including
such wording due to the issue of defining "First Amendment
freedom rights". He would like to tackle this issue, however,
it is a huge issue and could not resolved for many years to
come. Mr. W&ibel suggested using the words "all theaters".
Presi4ent Horton suggesting using the words "movie theater for
profit". Mr. Johnson emphasized this was just such an issue
that the ALCU would jump on and win.
Rick Maurice, Manager E1 Camino Restaurant, stated he felt it
was ridiculous to single out a number of businesses to
regulate and impose a large fee than other businesses. He
questioned why didn't the City include the Kitsap County
Fairgrounds because of the number of fights that have taken
place at that facility? He questioned if this proposal was
based on a "money problem? He supported the suggestion that
Business License in general be increased.
Alan Reid, Bremerton Ambulance, questioned the purpose of
moving the regulations from one Title to another. He
hesitates to buy off on it because it comes down to a money
issue. Currently, separate industries are regulated
separately addressing individually rates and the fee is part
of the overall regulation. He did not want to see that
changed or broken out and tossed into a schedule as a revenue
raiser.
Mr. Waibel stressed Council was addressing the issue of
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putting such rates in one place as well as providing for an
automatic annual increase. It is a money issue due to the
City having to provide staff to provide the regulation and
those costs go up every year. He believed the automatic
increase will be less of an impact than periodic "big jumps".
He stated it behooves Council, next year, to know what the
regulations are for each of the businesses being regulated and
whether or not those need to be changed, increased or
decreased, for the following year.
Mr. Collins stated last week he informed Council and citizens
the percentage of property taxes collected that actually goes
to the City. The City has no way of increasing property tax
and no way of adjusting that tax other than by what the
Legislature allows. If Council is set upon raising money,
then he felt the need to use the only alternative - increasing
the overall Business License; and the proposed Ordinance was
not necessary.
Mr. Dawkins supported Mr. Collins position on this issue.
Mr. Colvin pointed out for Mr. Maurice's benefit that the City
has no jurisdiction over the Kitsap County Fairgrounds.
Mr. Johnson emphasized there was good reason to move the fees
into one schedule, which would facilitate tracking in order to
meet current costs of City services provided.
Mr. Overson pointed out the purpose of this Ordinance is to
transfer regulatory license fees from individual ordinances to
a Resolution Fee Schedule so they can be reviewed. President
Horton emphasized an affirmative vote on this issue would not
be automatically agreeing to increasing fees as proposed on
prior Agenda item. Mr. Walbel cautioned affirmative action on
this Agenda would eliminate all fees and if the prior proposed
Resolution is not passed there will be no regulatory fees.
#1496 M/S/C/U(Johnson/Colvin) to approve the ordinance, on first
reading, relating to business regulatory license fees and
amending Chapters 5.03, 5.04, 5.10, 5.12, 5.16, 5.20, 5.22,
5.36, 5.38, 5.42, 5.46, 5.54, 5.76, 5.96, 5.98, 9.48 and 10.24
of the Bremerton Municipal Code, adopting new Chapter 5.25 and
repealing Chapters 5.68 and 5.92.
MOTION ON ITEM
%2093 M/S/C(Waibel/Colvin) pass Resolution %2384, amending
regulatory license fees
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Vote: In Favor: Overson, Waibel, Colvin, Johnson, Horton
Opposed: Fitz, Collins, Dawkins, Estes
Motion carried.
?D - ORDINANCE (FIRST READING) ~ENDING BUSINESS LICENSE/TAXES
5,02 TO REDEFINE TELEPHONE UTILITY TAX DEDUCTIONS, ~AB92-079
There are two amendments being proposed for the Business
License/Tax Ordinance 5.02:
1) "Competitive Telephone Service" (which is a deduction
from utility taxation) is being redefined to exclude
cellular telephone utilities so that we can fully tax
them at the utility tax rate of 6%; and
2) The tax deduction for bad debts for telephone utilities
is being repealed so that telephone utilities are taxed
100% of gross billings as are all other utilities.
Presented to Fiscal and Budget Committee March 10, 1992.
Paula Johnston, License Inspector, explained the proposed two
amendments tighten up what is taxable for telephone utilities.
Regarding "deduction for bad debts", it was an oversight on
her part when she consolidated all utility companies in Tax
and License Ordinance Chapter 5.02. At that time it was
specifically written that bad debt deductions would not be
viable deduction for tax reporting, but telephone utility
language had its own little deduction written into it and got
pulled over into Chapter 5.02. She is correcting that by
eliminating that language so the City can stop allowing that
deduction for the telephone companies. This would amount to
an annual increase of tax revenue from telephone companies of
about $12,000.
The first amendment is technical in nature. The cellular phone
companies looked very closely at the City's definition of a
"competitive telephone service", which is not a utility and
they put themselves into that category under the City's old
language because we did not technically pull them out - we
were trying to say that people who had apparatus and serviced
that apparatus were telephone maintenance companies and not
under regulation of Title 80. Those were the people she was
trying to exclude from utility, however, because the City did
not originally tie the definition to that apparatus equipment
maintenance, the cellular phone companies grabbed on to that
and saw it as a loop hole. She transferred telephones over to
Chapter 5.02 and included cellular phone networks in
definition of "telephone business", which is a utility. But,
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at that point she was unaware of the loop hole they were
trying to use. The proposed Ordinance tightens up regulations
so that the cellular phone companies will not have any kind of
objection to coming on line as a utility and paying 6% verses
2/10 of a percent on gross proceeds.
Mr. Waibel noted they may object but they will not have
grounds to object. Ms. Johnston stated that was correct.
Mr. Johnson questioned if beepers would be included? Ms.
Johnston stated no.
Public comment - none.
Mr. Collins suggested using "communications service" rather
than "competitive telephone serve". Ms. Johnston explained
competitive telephone service does not fall under the
definition of what is taxable for the City. If broadening out
tax base is desired, then attention should be given to
telephone business (item #2).
#2691 M/S/C/U(Overson/Collins) to approve the ordinance, on first
reading, and to include Mr. Johnson's concern regarding
beepers and Mr. Collins concern relating to "communication
service".
Motion carried.
FAREWELL TO COUNCILM~N ESTES
President Horton presented Councilman Estes with a plaque
stating: "To Wayne Estes, a man who chose a suit of clothes to
carry him forth on a quest of right for those caught up in the
housing plight - Councilman District %5, 1-1-1990 to 3-26-
1992"
Mr. Estes thanked his fellow Council members for honoring him.
He felt the Housing Code project was the most beneficial thing
to happen in Bremerton for a number of years; and, it will
have a long range effect by providing a tool for the Fire
Department, Planning and Building Departments to take care of
slum landlords and abandoned houses. He also was pleased that
the Dangerous Animal Ordinance was passed for the benefit of
the citizens of Bremerton. He felt he was more of a "country
boy" rather than a "City" person and believed his replacement
will be someone who understand city living.
Mr. Johnson stated his appreciation of Councilman Estes'
service and particularly on the number of accomplishments he
achieved within a short time frame of 2+ years, such as the
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Housing Code, Ivy Green Cemetery improvements, working with
Veteran groups, etc.
Mr. D&wk~S stated he appreciated Mr. Estes' efforts for
improvements at Ivy Green Cemetery.
~stated he enjoyed working with Councilman Estes and
will miss his presence and wished him well on his next
adventure.
Mr. Overson stated he enjoyed working with Councilman Estes on
the Fiscal and Budget Committee and wished he had stayed
longer once he stepped into the position of Chairman of that
committee.
With no further business meeting adjourned at 8:35 p.m.
KATHT,REN L. M ity Clerk
'1 President
1 y of Bremerton
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