HomeMy WebLinkAbout01/08/92 TAPE #984 UNAPPROVED DRAFT ~
JAN 2 2 199
CITY COUNCIL HEETING HINUTES
JANUARY 8, 1992
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 January 8,
1992, at 5:30 p.m., with Council President Lynn Horton
presiding. Council members present: Lon Overson, Wayne Estes,
Eileen Fitz, Hank Waibel, C. R. "Tiny"Collins, Morrie Dawkins
A1 Colvin and 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 Horton and Invocation given by Councilman A1
Colvin
CITY COUNCIL ELECTION OF OFFICERS
Hr. Overson nominated Lynn Horton for the position of City
Council President./
#0045 M/S/C(Overson/Estes) to cast a unanimous ballot for Lynn
Horton as City Council President.
Vote: In Favor: Overson, Estes, Fitz, Dawkins, Colvin,
Johnson, Horton
Abstained: Collins, Waibel
Mr. Overson nominated Morrie Dawkins for the position of City
Council Vice President./
#0086 M/S/C(Overson/Estes) to cash a unanimous ballot for Morrie
Dawkins as City Council Vice President.
Vote: In Favor: Overson, Estes, Fitz, Dawkins, Colvin,
Johnson, Horton
Abstained: Collins, Waibel
Mr. Overson nominated Mr. Johnson for the position of Mayor
Pro Tem.
#0105 M/S/C(Overson/Estes) to cast a unanimous ballot for Russ
Johnson as Mayor Pro Tem.
Vote: In Favor: Overson, Estes, Fitz, Dawkins, Colvin,
Johnson, Horton
Abstained: Collins, Waibel
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CONSENT AGENDA
A. Minutes Of Meeting - December 18, 1991, #AB92-001
B. Minutes Of Meeting - December 23, 1991, %AB92-002
%0120 M/S/C/U(Waibel/Colvin) to approve Consent Agenda as presented.
CL~IMS/W~RR~NT 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.
%0144 M/S/C/U(Colvin/Dawkins) on January 8, 1992, the Council does
approve for payment those vouchers included and further
described as follows: 142361 through 142498 in the amount of
$707,875.92 and Regular Payroll for the period 12/31/91 in the
total amount of $445,949.56.
COUNCIL MEMBER REPORTS
Mr. Overson wished everyone a "Happy New Year".
Mr. Estes reported he attended the Chamber Round Table this
date where Steve Osguthorp, City's Downtown Planner, gave a
presentation on what his views were for helping to develop and
beautify downtown Bremerton. Mr. Estes found Mr. Osguthorp to
be a very vibrant speaker and encouraged local groups to
invite him to make a presentation. Following that meeting, Mr.
Estes and Mr. Osguthorp toured the Bremerton area.
Mrs. Fitz reported she was busy reading lots of material
preparing her to serve the citizens.
Mr. Waibel wished everyone a "Happy New Year" and extended a
"get well soon" message to his wife, who is recovering from
the flu.
Mr. Johnson wished everyone a "Happy New Year" and welcomed
Councilman Eileen Fitz. Solid waste - he noted the mini-can
program seems to have caught on quickly. When he tried to
purchase a 20-gallon mini-can at the local Payless Store, he
found that many had already beaten him to it. He found this
encouraging because it meant people in Bremerton are
recycling. In reference to a recent newspaper article about
the County's Recycling Program, he wanted to assure the public
that the City and County were not at odds over the recycling
program. The City received much cooperation from the County
during the City's solid waste contract negotiations and
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anticipated continued good working relations with that
governmental entity. He was pleased to report that District
9 has experienced 50% of the new valuations through September
of 1991, and west Bremerton also experienced a generous growth
spurt as well. Lastly, City employee Tom Baker informed him
that Kitsap Regional library will hold a special lecture on
Sunday, January 26, 2:00 P.M., by Dr. William Conlon, from the
University of Washington titled: "Taking Care Of What's Left
Over - a Century Of Garbage in Western Civilization".
Mr. Colwin welcomed Mr. Estes back and renewed his pledge to
maintain a positive attitude throughout the coming year and if
he disagrees he hopes it wont's be in a disagreeable mode.
Mr. Dawkins stated he was pleased with the "University of
Washington Huskies'" big win. And, he welcomed Councilman
Fitz to the Council.
Mr. Collins extended a welcome to Councilman Fitz. In
reference to the Puget Sound Air Pollution Quality (PSAPQ)
Board - this organization does a lot more than just provide
"smoke cops" to monitor the area. He cautioned against
talking about removing our area from this organization due to
the cost to replace it. The work that this organization is
doing is required by Federal and State law and the
Environmental Protection Authority has empowered them to do
that work, i.e., such as monitoring the freon leakage from
commercial refrigeration, the use of degreasers and the amount
of toxins they put into the air, the use of lacquer paints or
any paint. He emphasized undertaking this type of monitoring
is costly and is required by law. He did not believe the
County or the City could afford to undertaking this type of
responsibility. He feels the strides that have been made in
putting a little bit of- common sense into the way of
monitoring, such as was done this year. He felt Bremerton
should continue being a part of this organization and to
continue getting the best operation of that entity.
Mrs. Horton reported she attended the Kitsap Regional Planning
Council meeting this date. At that meeting, they received a
presentation from CenCom on a total manning revision that all
of the board members and management of CenCom are hoping will
add to the efficiency of that organization. It was agreed
that there are inefficiencies in Cencom at this time. The
Operations Commission, comprised of Police and Fire Chiefs
within the County, also expressed concerns over the operation
of Cencom. The reorganization effort is an attempt to try to
respond to both those concerns and the rise in use of CenCom
services. Council will have an opportunity to review the
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documentation on proposed manning changes and if anyone has
input she requested that it be passed on to the Mayor or
herself. She believed this was the right step towards
maximize the personnel currently working for Cencom. Health
District - a State representative asked members of the board
what their health priority issues were for the coming 2-3
years. If any Council member has any input on this issue,
please let the Mayor or she know. Kitsap Transit -
bids will be opened the middle of March for Paratransit
Services. She hoped the new Paratransit contract would bring
forth great efficiencies for that organization.
PUBLIC RECOGNITION
Mayor Mentor reported the past two weeks had been fairly slow
around the City. He wished everyone a"Happy New Year",
welcomed Councilman Fitz to City government and was glad to
see Councilman Estes back after experiencing some illness. He
noted there will be a Change Of Command at Puget Sound Naval
Shipyard on Thursday, January 9, which is an important event
in the life of a shipyard and will prove to be interesting
over the next three years.
Don Atkinson, Bremerton Main Street, announced, as a point of
clarification, that the PSNS Centennial bricks and granite
blocks are available to be purchased by anyone in the
community. There is no requirement that only those
individuals affiliated with the shipyard may participate in
this program. With the overwater boardwalk scheduled to be
completed in April/May and with the Centennial Plaza
Dedication scheduled for Armed Forces Week, someone desiring
a brick or granite block available for that event, needs to
finalize the purchase of those items. Anyone wishing to
participate in this program may contact the Bremerton Main
Street office.
Ed Petris, 128 Bloomington, Director and Financial Secretary
of the Martin Luther King Scholarship Fund, invited City
Council members, Mayor Mentor and the general public to attend
the 7th Annual Martin Luther King Jr. Awards Scholarship
luncheon at the Kitsap Golf and Country Club on January 19,
1992, 2:30 P.M. The cost for this event is $15.00 per person.
Anyone wishing more information may call 377-5643.
Gordy Byrd, 402 Chester Avenue, reported he had collected
$13,148.37 towards his "Byrds Nest" shelter for the homeless.
He gave a run down on his fund raising activities and recent
publicity.
E. L. Sturdivant, 3231 Halverson, expressed concern that the
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City Council was not rotating the duty of City Council
President amongst its members. In reference to the new solid
waste contract with Brem-Air, he was not pleased that future
increases would again be tied to a CPI. On the issue of
Roosevelt Field trade, he noted that Olympic College does not
own one piece of real estate outside a gymnasium floor or
building that the City gave them years ago, which is called
the Student Center Gym and a box for another gym. They have
always depended upon the City and School District for every
thing outside of those two facilities for athletic programs.
He felt Olympic College, next to Seattle Central Community
College, has the poorest facilities for recreation/physical
education of 27 community colleges in the State of Washington.
In regard to the Bremerton Lumber site, he questioned if the
trade for Roosevelt Field did come to pass and the Bremerton
Lumber Yard becomes parking for the Turner Joy and boardwalk
park by day, hour and month, is there a commitment from the
City Council to see that those funds goes back to the Parks
Department and to the enhancement of new facilities and
equipment for that department? Mr. Collins pointed out that
a recent newspaper article reflected that Olympic College had
purchased some property directly adjacent to the OC Campus
that they did not have before. At this time, the Council does
not have anything in writing that says the City will give
away, sell or trade Roosevelt Field to the College for
property located on the waterfront, but an oral agreement has
been made to such a proposal. As Council did before, he
anticipates this Council will draw up a resolution of
agreement that all proceeds from such property would go to the
Parks Department. Mr. Stur~ivant questioned if such an
agreement would be "break proof" or would it be something that
could be changed under the leadership of the next Council?
Mr. Collins stated the only thing that could be taken care of
at this time is this Council's intent. President morton
emphasized the tenure of this City Council had been and always
will be, with the current membership, a commitment that if
Roosevelt Field was traded or condemned, which the latter
happened, the highest priority for the Council would be to do
what we could with the proceeds of Roosevelt Field to make the
Park System whole again and better than it was at the time of
condemnation. And, this Council will do whatever is possible
to make it "break proof" in order preserve whatever funding
comes for the enhancement of the Parks system. Mr.
Sturdivant emphasized that the proposed Pendergast Regional
Sports Complex will not replace Roosevelt, but will merely be
a type of tournament facility to bring outsiders in to utilize
motels, restaurants, etc. He did not see such a facility
being a big help to the local youth programs. He questioned
with the Roosevelt Field trade emanate has the City covered
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the SEPA regulations relative to the Growth Management Act?
Could the City be in violation of the EIS qualifications and
regulations? President Horton stated the State has condemned
the Roosevelt Field site and it is outside the hands of the
City and incumbent upon the College should they change the use
of Roosevelt Field - - they become the lead agency. Mr.
Sturdivant stated he was concerned that the appraisal of
Roosevelt Field was three years old and that the Bremerton
Lumber site had not been appraised. In regard to "street
repair", he was concerned with the quality of streets in,he
City. The most recent emphasis has been on the downtown area
and overwater boardwalk project, however, he reminded Council
that about 90% of the residents won't go downtown and probably
won't visit the Turner Joy, but do drive on City streets. He
felt the situation was beyond patching and felt the City had
to make a real commitment to doing something about fixing
streets in the City. Lastly, on the issue of Open Space and
Growth Management Act, he believes that government should take
an airplane ride around Kitsap County, which would reflect 95%
of the County is open space and green belts. It bothers him
to think about the emphasis in keeping open spaces and
greenbelts in the County and putting people "elbow-to-elbow"
in the City. A recent news article in a Seattle newspaper
reported that when people are jammed into areas a lot of
problems are created. He cautioned Council to look at that
before going too far with the proposed plan. He noted the
Growth Management Act is not easily understood and he
anticipates it will be amended in the near future.
Roy McInnis, 2711 Maple Street, stated he serves on the Pre-
Release Facility Citizens Advisory Committee and when this
committee was formed they were informed there were four sites
to take under consideration. They were also informed the
State had already surveyed the four identified sites. Until
the Committee meeting on January 7, he was not aware of the
opposition to a particular site in the City, other than some
citizens. He felt strongly that information relating to local
opposition to this proposal that was available in June of
1991, should have been passed on to the Committee at the time
it was formed. It appears to him that there is a political
move being made on this issue. Had that opposition
information been presented to the Committee from the
beginning, he believed there may have been a different outlook
on certain things. He does not know what the outcome of this
issue will be, however, he views it as something that needs to
continue onward. Lastly, Mr. McInnis wanted the Mayor and
City Council to know that he is involved in promoting a State-
wide youth program for the Bremerton area. More information
on this subject will be provided as it develops.
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Richard Weld, 319 Yew Street, questioned when the condemnation
proceedings were going on over Roosevelt Field was it
considered that the site where the "guns" are mounted does not
belong to the City? It was his understanding that the City of
Bremerton gave that site to the Federal Government in exchange
for placing the guns on the site as a memorial to President
Roosevelt. He questioned if the State could condemn Federal
land? Kathleen McCluske¥, City Clerk, stated she did not
believe that was the case and that the City still owns the
property but did enter into an agreement to place the guns on
City owned property. She does not recall ever deeding the
property to the State. The City has lots of Federal museum
type items covered under agreements. Ian Sievers, City
Attorney, stated there was nothing in the Title Reports that
would reflect such a condition and would have shown up if the
City did not actually own that piece of property. Mr. Weld
stated it was done by a dedication at least in accordance with
Mr. Blair (703) 602-4155) at NAVSEA 07 and Mr. Mel Stuckey
(206) 967-7469) of Fort Lewis. Mr. Stuckey is a Property
Manager and Mr. Blair is in charge of the historical reports
regarding the guns. The government invested money into
placing a proper foundation and setting up the guns and they
feel they own that particular property. President Horton
stated the City Attorney will check into this matter.
Earl Burr, 6410 Lake Drive, Chairman of the Pre-Release
Facility Citizen Advisory Committee, reported at the
Committee' last meeting one of their members quit (Gene
Nelson). In speaking with State officials, there is a
possibility that the Bremerton site may be selected, however,
the Tacoma site is the State's first choice. If something
should happen and the Tacoma site is not selected, Bremerton
is next in line. One State official suggested that a "Wish
List" be developed so that in the event Bremerton was selected
such a list would already be developed. At a public meeting
sponsored by the Committee, a resident, Bill Amo, questioned
what would the City get out of having such a facility located
in Bremerton? Therefore, Mr. Burr prepared such a "Wish
List", which contains his ideas on what the City could use on
impact funds, i.e., no additional prison facility in Bremerton
if the Pre-Release facility is built; a jail built in
conjunction with the Pre-release site to be used by the City
of Bremerton; a library bigger and better than the Kitsap
Regional Library; a grade school built on the Pre-Release
site; a community center built on the Pre-Release site, a
Senior Citizen Center built on the Pre-Release site;
upgrading the City's sewer system in the site area; if the
Pre-Release facility was built but then at a later time
relocated the City would have the land returned to them. He
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requested City government to come together and provide a
priority list for the State on how they would like impact
funds spent if the Pre-Release Facility is located at the
Bremerton site. If City government does not make a "wish
list", then he will have the citizens Advisory Committee
develop one.
Mr. Collins questioned if Mr. Burt and the members of his
Committee felt they were appointed by the City Council to do
something for the City or were they a "name" submitted to the
State and in turn doing something for the State? Mr. Burt
stated he believed they were an intermediary organization
between the City/State and citizens/community. They were
developed in order to inform, to pick a site, and start an EIS
process. President Horton stated for clarification that the
Pre-Release facility Citizens Advisory Committee was put
together by Doreen Geiger of the State Department Of
Corrections and that she and Mr. Johnson provided the names of
several Bremerton residents as potential committee members.
It was her understanding that this group was an "informational
group" to get the questions from the community answered and to
get that information back to the community. She emphasized
this was not a group sponsored by the City. It was her feeling
that at some point in time the Council needs to formally have
discussions on this issue in order to clarify some
misinformation that seems to be floating around. Mr. Amo,
6625 Lake Drive, stated he attended the Committee's meeting
held Monday and that he neither supported or opposed siting
the project in Bremerton. However, if such a facility is
built on the Bremerton site, he did not want this area to be
taken advantage of. The State is not asking permission to
locate such a facility on the subject site, it is private
property, which can be purchased. At the present time it
appears there are members of City government that are
vehemently opposed to such a project on that site and some in
favor of such a proposal. He urged Council to not ignore this
matter but should be putting in some time discussing it
reasonably - pro and against as to what the community would
get in return for having the facility located within the
Bremerton community. President Horton stated one of the
miscommunications has been with the State and their process.
It was her feeling that they do not have a formal process, but
as far as bringing the community into the discussion, their
process is through an Environmental Impact Statement (E.I.S.).
She believed the City needed to interject input prior to
development of an E.I.S. Mr. Amo stated he did not expect the
Administration or Council to take a position one way or the
other, however, he did look to them to negotiate and
thoroughly understand the circumstances before being
implicated too deeply.
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7B - ORDINANCE NO. 4354 (SECOND READING) REZONE OF
"NEIGHBORHOOD BUSINESS" PROPERTY TO INCLUDE USES OF PREVIOUS
"B-Z" ZONE WITH CONCOMITANT ~GREEMENT FOR PROPERTY AT 6525
KITSAP WAY~ HEETER REZONE~ ~AB91-316
President Horton announced the following Council members would
step down due to conflict of interest or appearance of
fairness issues: Russ Johnson, Morrie Dawkins, Wayne Estes and
Eileen Fitz. The remaining Council members remained seated.
Mr. Waibel stated for clarification that Council was given a
correct list of allowable uses prior to the Council meeting
and the list included in the Council packet was not accurate.
Ron Hough, Planning Manager, stated there were some minor
changes to the Ordinance and Concomitant Agreement and a
correct list of allowable uses was handed out prior to the
Council meeting. He noted there was one additional change
that the applicant had discussed with the City Attorney,
located on the first page of Concomitant Agreement. There
appears to be a little confusion as to whether or not the old
Neighborhood Business zone uses would stay in effect as well
as the uses listed in Exhibit "B" and to clarify that the
following language is recommended: delete the clause "See
Exhibit "B" attached hereto and incorporate herein by this
reference", and include the following sentence after the NOW
THEREFORE, the owner agrees as follows: "The future uses of
the property shall be limited to the Neighborhood Business
(NB) zone uses and the uses identified on Exhibit "B", subject
to the restrictions of this agreement.
Bill Broughton, Attorney representing the applicant, stated
the change requested by Mr. Hough was one that was discussed
at the time of the first reading of the ordinance, which did
not make it into the final version of the document. He feels
that it clarifies and sets out, in the Concomitant Agreement,
that what is being addressed is Neighborhood Business zone
uses and the uses on the corrected Exhibit "B".
Bi11Amo, 6625 Lake Drive, stated this has been a most unusual
rezone and that he is not satisfied in the least with the way
everything has been conducted. He readdressed several points
in his letter that was read into the record at the time of the
first reading of the ordinance. The following items were
readdressed: (1) appearance of conflict of interest; (2) City
Council not following the Comprehensive Plan and Comprehensive
Map and Zoning Ordinance; (3) lack of justification for
TAPE #985 increased uses; (4) cannot grant one Neighborhood Business
uses beyond what is in the zone and has to zone it at a higher
zone and then apply restrictions; (5) only way to justify a
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rezone on the subject property is to send it back to Planning
Commission and start all over.
Mr. Broughton stated the applicant disagrees with Mr. Amo and
the action taken by Council was an example of when government
does work. He emphasized there is nothing inappropriate or
improper or unnecessary about this action and is a situation
where the business interest and the community interest have
come together, with the City Council acting as a facilitator,
and developed something that works for everyone. The result
of that effort is a business property that will co-exist in
harmony with neighbors who have agreed to uses that are
compatible with that neighborhood. It is a situation where
Mr. Heeter does not have to worry about the possibility of his
building burning down or if he discontinues its current use
that he would lose his business property rights. This is a
situation where compromise has worked for everyone. He was
sorry that Mr. Amo did not agree with this view, however, he
believes the Kitsap Lake Neighborhood group agrees with it.
President Horton stated, for clarification, this piece of
property has been in question since the City changed the
Zoning Ordinance. It was reviewed under the "Correction and
Errors" process and at that time Council felt they could not
upgrade that neighborhood business outright because of the
mitigation placed on that piece of property under the old "B-
2" zone. If Council had outright rezoned that property at
that point in time, they could not have included any buffer
restrictions, or any of the other restrictions that were under
the old "B-2" zone. For that reason, Council encouraged Mr.
Heeter to go through a regular Rezone process, which he did.
At the time this came before Council in public hearing,
several Council members talked about the compatibility of uses
with the neighbors and wanting the neighbors to meet with the
business owner to eliminate those uses that would be
detrimental to the neighborhood. For whatever reason that
process did not take place, at that time, and maybe at that
point Council should have said "take it back to the Planning
Commission until it is done right". Subsequently, it has gone
through that process and there was no "back door" dealing and
was stated on public record that was the intent and the only
reasons why this piece of property did not get rezoned General
Business through the Correction Of Errors process were those
mitigations placed on the "B-2" zone to preserve the
neighborhood. President Horton stressed this was a very
lengthy and complicated process and contrary to what Mr.
Collins believes she did not think people will be lining up
trying to get special considerations for rezones.
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Mr. W&ibel emphasized now was the time to close any discussion
on the hearing process and it was time to get on to determine
if the documentation passed on first reading reflected the
action taken by Council after the hearing. Council has
already been instructed by Superior Court that they must take
implementing action on a previous Council decision. He
reviewed the ordinance and Concomitant Agreement and is
confident that it does reflect the intent of the original
motion to approve the rezone and does reflect what Council
approved on "first reading".
~0293 M/S/C(Waibel/Colvin) to pass Ordinance #4354, on second
reading, amending the official Zoning Map of the City of
Bremerton for property located at 6525 Kitsap Way, Bremerton,
Washington, including the change outlined by Mr. Hough.
Mr. Colvin questioned if Council approved this proposal was
there any violation of any provisions of the law?
Sievers, City Attorney, stated no, and Mr. Waibel was correct
in that Council needed to carry out a vote, on second reading,
to implement the original motion following the public hearing
on the rezone. He was not present at the time Council
approved the ordinance on first reading, however, he
understands that Council considers the ordinance does carry
out the intent of that motion at the time it was first read.
If that is Council's point of view, then there is nothing
illegal about the process.
Mr. Collins stated he believed there was something as to the
spirit of the law as well as whether Council is legal or not.
He reflected that Mr. Broughton was the individual who taught
him the land use code that he likes to think we should be
using. He stated once again he will vote against this
proposal for the same reasons previously stated.
Vote: In Favor: Colvin, Overson, Waibel, Horton
Opposed: Collins
Motion carried.
Councilmen Estes, Fitz, Dawkins and Johnson returned to the
Council meeting.
6A - BREMERTON HOUSING AUTHORITY INTERLOCAL AGREEMENTt ~AB92-
0O3
The attached amendment to Interlocal Agreement provides for a
new service period 1/1/92 - 12/31/92 and payment of $41.65 per
hour and $18.33 per vehicle per shift.
Police Chief Del McNeal explained this was a continuation of
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last years Interlocal Agreement with the Housing Authority;
and BHA passed a Resolution to agree with this proposal. He
urged Council to approve this proposal as presented.
Public comment - none.
Mr. Waibel questioned if Chief McNeal would be covering this
manning with regular officers or officers on overtime? Chief
MoNeal stated the City has a grant this year that will cover
one uniformed officer, the training portion and two officers
assigned to special responsibilities. This particular
interlocal agreement will allow the City to cover the time the
City's officers are at that location and also manning the
program when the regular officer is on vacation. This can be
done either way if manpower is available by using an on-duty
officer or placing on officer on an overtime basis, with the
City recouping its costs. The City will gain no money out of
this agreement unless it is spent. Mr. Waibel pointed out the
City can spend up to $100,000 and at a regular rate he felt
the City could provide more coverage than at the overtime
rate. It was his opinion that the City could use this revenue
source as a reservoir for trained officers for our own City.
Chief McNeal stated there are officers who cover the City,
however, we do not have a trained reservoir. This agreement
allows the City to fill the position at Bremerton Housing
Authority, which they want, and is beyond what the City is
already doing for them. Mr. Waibel emphasized he still
desired to see the City use this grant money to establish a
pool of trained officers. Chief McNeal explained the $100,000
is not grant funds and the City has no control over how it is
spent unless he spends it in certain ways as outlined in the
proposed agreement. Mr. Waibel stated it was his feeling that
this agreement was one that could carry on for quite some
time, that the need is not going to go away over the next
year, and would provide the City an opportunity to establish
a sufficient number of officers to cover this need for the on
going future. If the program did go away, there would
probably be enough turn over in the Police Department to be
able to absorb those officers. Chief McNeal explained in the
middle of 1991 he had more allotted manpower than he has in
1992, and part of that was due to an agreement, such as this,
which they intended to cover with full time personnel. At mid
year-1991 he was told this funding would not be available and
thus was not included in the 1992 budget. Now, the director
of BHA has found funding to staff their needs. This agreement
runs through 1992 and there is no guarantee that funding will
be available in 1993. It is his feeling that the grant they
are under will probably carry into 1993 because there is a
process to encourage this type of programming. Previously,
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Mr. Wallace of BHA was granted the latitude, by HUD
(Washington, D.C.) to divert funds that would have been used
for rehab or other uses toward Police Officers to cover safety
of that community. Therefore, he is not in the position to do
Something other than what was negotiated with the Director of
BHA. President Horton pointed out that one of the line items
in the Police Department budget for 1992 was $150,000 for
overtime pay. Chief McNeal stated yes, he did have funds
allotted for overtime pay. President Horton stated if the
department is spending over $100,000 in overtime, which
equates to time and one half, the City is getting 2/3's
production capability of what we could have if we utilized
this funding and staffed up the program. Chief McNeal
emphasized these funds are not to be used at the discretion of
the Department and can only be earned if they staff the
program. Mr. Waibel stated BHA was not only allowed to fund
the program but it became a "model" program for other areas
and he anticipates that will provide the catalyst to keep the
program going.
Mr. Colvin questioned if Mr. Waibel was saying that an officer
placed at BHA would cost more than an officer placed "on the
street"? Mr. Waibel stated yes, if he was on overtime duty.
Chief McNeal stated this particular Interlocal Agreement is
set up so that the City recoups the officers time and takes in
consideration several things, i.e., cost of administration
etc., and the City can only collect for that officer's time
when he spends time in that category for BHA. He understands
what Mr. Waibel is saying and that is if the City could take
the $100,000 and add it to his budget, he could fund more
police officers. This $100,000 cap is not available to him
unless he provides staffing for that program. President
Horton emphasized the issue is that the Police Department has
a line item in the budget that is designated collectively for
the whole department for overtime and is in the six figure
range. If that is the case and the City is receiving $100,000
from this Interlocal Agreement, then it seems to make more
sense to "staff up" and fill this position with a straight
time officer and BHA would get more for their dollars
expended. Mr. waibel emphasized being a police officer is not
an easy job and overtime would bring the City more money,
however, it places additional stress on the officers.
Mr. Johnson stated he did not agree with Chief McNeal's
approach on this issue due to the fact that it is a
reimbursable job. He felt sure the City had resources to fund
the float on the money until being reimbursed by BHA. Many of
the police programs that are funded through contracts end up
giving the City more money, but not more police officers, and
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that dilutes the service and capabilities of the officers on
the street. He supported the idea of pursuing getting more
police officers for the dollars earned. Chief McNeal stated
if he had extra police officers above and beyond what is
needed, that would be great, however, currently he does not
have enough. He emphasized that he does not hire someone as
a police officer and instantly puts them to work. It takes
time to recruit and hire such personnel and once they are
hired they must attend the Police Academy, if they do not have
previous experience, which amount to a 3-month period. Mr.
Johnson pointed out if one never starts such a program, then
you'll never reach that goal. Chief MoNeal pointed out he was
the person talking with Mr. Wallace of BHA, and the agreement
reflects the direction he wishes to go on this program. He
emphasized again this funding was not included in his 1992
budget because he did not know that it would be available at
the time the budget was developed. Mr. Collins stated he
desired to see a budget adjustment.
Mr. Overson stated he was not sure why this process was
selected to present the proposal and he felt the City would
want to accept the contract. However, the use of those funds
must be budgeted. Given the values given, it appears that BHA
is procuring approximately 2,500 man hours per year and that
provides a full time person for the 2,088 standard work hours
per year plus almost enough to pay for an individual attending
the Police Academy.
Mr. Collins stated if he were Mr. Wallace, he would not agree
to pay time and one-half for an officer. He stated he could
not knowingly buy into this proposal. President Horton
cautioned against the City losing this contract and suggested
the direction to move forward and adopt this Interlocal
Agreement and at the same time direct Chief McNeal to come
back with a budget adjustment to include this funding into his
budget with a plan for manning the agreement. What is being
said by the members of the Council is that "we want bodies
brought on line" and not utilizing an existing officer at time
and one-half. She questioned how many officers does the City
lose throughout the year to disability and retirement
collectively? Chief McNe&l stated some times they lose one
or two officers through disabilities or retirement. President
Horton stated she had learned that this position was a "fill
in" position and may not amount to the full $100,000 cap,
however, if this funding affords the City the opportunity to
bring a trainee on board, which the City may need to fill a
vacancy through disability or retirement, it seems a logical
way to have a replacement available.
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Mr. Johnson expressed concern that the Council did not really
know the real dollar figures and suggested not acting on this
proposal until a budget adjustment is adopted showing the real
anticipated revenues, expenditures, and if there is enough
revenue to train someone. ~resident Horton stated she felt
Council needed to do the opposite - approve the Interlocal
Agreement and then have Chief McNeal come forward with a plan
and budget adjustment. Mr. Waibel stated if Council approves
this proposal, it should have the contingency that a plan and
budget adjustment will be provided.
Mr. Dawkins expressed concern if Council did not approve this
proposal, BHA would give it to another police agency.
President Horton emphasized the intent of Council is to enter
into such an agreement with BHA and there appears to be a
miscommunuication with Chief McNeal on how to go about
providing that service. Chief McNeal stated the figure of
$100,000 is a capped figure from BHA. The City will only
recoup what is spent in providing manpower and he is not at
liberty to do what he wants with the funds.
Mr. Collins questioned with the funding coming in from this
resource and the amount of money already budgeted for
overtime, would there be enough funding to hire one more
police officer? Chief McNeal stated that potentially could be
possible. Mr. Collins stated then possibly the Chief should
plan for filling four positions that are staggered through the
year. He pointed out this would not be in case of a major
catastrophe or where there is extended use of overtime...if
that happened Council would be requested to cover that need.
Chief McNeal stated he would look at that in the overtime and
he stressed the fact that overtime will not cease.
Mr. Waibel expressed concern that some of the information
provided on the Agenda Bill was not correct. Ms. McCluske¥
stated she had prepared the Agenda Bill in the absence of
Chief McNeal and the statements made by him relating to
budgeted and unbudgeted funds is correct. Mr. Waibel stated
he would like Chief McNeal to understand Council's attitude
and take it to future negotiations of these agreements. He
would rather have Mr. Wallace say he would pay $41.00 for a
fresh, alert officer, who has some training. He emphasized
this could be sold on the basis of better response rate, more
alert officers, etc., and he wants the Council to make sure
that happens this year.
#1243 M/S/C/U(Dawkins/Colvin) to approve the Interlocal Agreement
regarding Auxiliary Law Enforcement Services between the
Bremerton Housing Authority and City of Bremerton
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#1258 M/S/C/U(Johnson/Colvin) an amendment to the main motion that
approval would be contingent upon the Police Department
providing Council and Council approving a budget request to
show the estimated revenues and expenditures involved and with
a hiring plan to maximize the number of personnel and minimize
overtime.
Vote on amendment: Unanimous.
Motion carried.
Vote on main motion: Unanimous.
Motion carried.
6B - REVISED 1992 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM,
#~B92-004
HUD has advised the City of Bremerton of an increase in its
1992 Community Development Block Grant Entitlement. The
City's 1992 CDBG Entitlement is $398,000; a $23,000 increase
over the estimated entitlement used in the allocation process.
The amount of funds reprogrammed into 1992 remains unchanged
at $60,000. The additional funds are recommended for
distribution to projects consistent with HUD requirements as
follows: Fund Literacy Council $3,450; CDBG Administration
$1,250 increase; KCAP Weatherization $8,300 increase; and
Rehab Loans $10,000 increase.
Councilman Hank Waibel stepped down on this item due to a
possible appearance of fairness/conflict of interest.
Carol Dickinson stated upon learning of the increased
entitlement, she convened the Community Development Block
Grant Advisory Committee, who in turn reviewed the allocation
process. The Committee then presented their recommendation to
the Mayor, which he concurred in, and is now being presented
to Council for their action. The first premise the Committee
went by and the Mayor concurred with, was that no change be
made to the original allocation of the 1992 program as
approved by Council in early december. Therefore, they then
proceeded to allocate the additional funds consistent with all
Federal requirements. Based on that process, the Committee
recommends that the Literacy Council be funded in the amount
of $3,450, which is equal to the increase in the amount of
funding that can go to "social services"; Block Grant
Administration be funded $1,250, making that allocation
consistent with the original submission; increase funds to
KCAP Weatherization in the amount of $8,300, so they can
weatherize more homes for low-income tenants and homeowners;
and increase the Rehab Loan Program by $10,000. Because there
is an increase to the City's entitlement, a budget adjustment
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is required so that the City budget can properly reflect this
change; and the budget adjustment is included in the
documentation.
Ms. Dickinson met with the Council Operations Committee and
Council Fiscal and Budget Committee to review the
recommendations as presented.
Public comment - none.
Mr. Johnson questioned if there was interest from the public
in the Rehab Loan Program? Ms. Dickinson stated there is
interest and she would like to see even more so that by the
third month of the new year all funding available would be
allocated. She was pleased with the number of people applying
and something they did this past year was to expand the
program from just West Bremerton to include the greater
Manette area. Mr. Johnson stated if the money can be used he
was in favor of this allocation, however, he did not want
those fund to just sit and be stagnate.
Mr. Collins reported the Council Operations Committee did hear
this issue and recommended approval.
#1452 M/S/C/U(Dawkins/Colvin) to approve the additional $23,000 HUD
entitlement, funding the Literacy Council in the amount of
$3,450, CDBG Administration $1,250, KCAP Weatherization
Program $8,300 and Rehab Loan Program $10,000, including the
approval of the Budget Adjustment.
Councilman Waibel returned to the meeting.
6C - AMENDMENT TO KITSAP PHYSICIANS SERVICE AGREEMENT, ~AB91-
OO5
The attached amendment changes the effective date to 1/1/92 -
12/31/92, and reflects the increase in medical premiums. This
represents a 5.10% increase. The AWC group plan increased an
average of 7.46% for all programs.
Public comment - none.
President Horton questioned the aggregated dollar amount of
the City's portion of this contract? Kathleen McCluske¥, City
Clerk, stated the City pays the majority of the premiums and
City employees contribute $7.00 per dependent. The City's
contribution amounts to approximately one million dollars
annually.
~1545 M/S/C(Johnson/Colvin) to approve Group Endorsement II to the
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agreement between Kitsap Physician Service and the City of
Bremerton for its active employees and retirees.
Vote: In Favor: Overson, Estes, Fitz, Dawkins, Colvin,
Johnson, Horton
Abstain: Waibel
President Horton pointed out when the City was covered under
the AWC Health Plan their rates increased close to 2.5% over
what KPS has raised and on a one million dollar premium that
is a healthy savings. She commended the City and staff for
making the move to the new provider even though it was a
concern at the time the City chose to make that change.
Ms. McCluske~ stated the City has come out ahead for the past
three years. Mr. Johnson pointed out another point of pride
is the fact that the insurance provider is a "Bremerton"
company.
7A - ORDINANCE (FIRST READING} CONDEMNATION OF PROPERTY,
~AB92-006
The proposed ordinance approves the condemnation of an
unimproved parcel of land located on the east side of Oyster
Bay Avenue. The property is needed for the construction and
development of the City's Public Works Complex, and attempts
by the City to otherwise purchase the property has been
unsuccessful. The estimated cost of the property will be
$24,500, and would be paid from the City's Public Works
Complex Construction Fund #306.
Public Comment - none.
Mr. Dawkins questioned if efforts had been made to negotiate
a sale? Ian Sievers, City Attorney, stated the Mayor had
negotiated for some time with the owner as well as negotiation
efforts through his office, but an agreement was not reached
by the deadlines they were facing. Mr. Dawkins questioned if
the appraisal on the property had already been made and what
was the next step? Mr. Sievers stated yes, the appraisal had
been completed and Council's approval of the condemnation
process is a pre-requisite to setting up a Court hearing and
such a hearing would be heard within the next two months.
With the stipulation for immediate transfer position, the City
can take possession of the property and worry about the value
at a trial later.
Mr. Colvin questioned if the motion should include
identification of the property being condemned? Mr. Sievers
stated the ordinance does include a legal description with an
attached map (Lot 31). He noted the boundaries of this lot are
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well defined by a high bank of gravel and they did not mention
placement of a Fire Tower because this property is needed for
access and fire lanes behind the Public Works Complex
facility.
%1714 M/S/C/U(Overson/Colvin) to approve ordinance, on first
reading, relating to the expenditure of general funds with
which to pay the cost of acquiring land through condemnation,
the land to be used for the purpose of constructing the City's
public works complex.
7C - RESOLUTION #2371, SETTING HEARING DATE FOR MARINE DRIV~
"OFF R]tMP"~B92-007
The City has processed an application requesting the vacation
of the Marine Drive off ramp. RCW 35.79.010 and City
ordinance 11.20.040 requires the setting of the hearing, by
Resolution, to hear public testimony and to approve or deny
the application. The hearing must be held not less than 20
days nor more than 60 days following the Council's passage of
the Resolution. Ail property owners within 250 ft. of the
proposed vacation site will be notified by mail, a legal
notice will be published in The Sun and the area will be
posted.
Public comment - none.
#1773 M/S/C/U(Johnson/Estes) to approve Resolution %2371, setting a
hearing for the Marine Drive off ramp vacation application on
January 29, 1992 at 6:00 P.M., or later.
President Horton announced an additional item will be added to
the Agenda - Item 7D - Resolution #2372.
7D - RESOLUTION ~2372 ENCOURAGING THE WASHINGTON STATE
LEGISLATURE TO FUND CONSTRUCTION OF THREE JUMBO CLASS FERRIES,
#AB92-008
The attached Resolution requests that the Legislature pass
such legislation as may be necessary during this 1992
Legislative Session so as to permit the immediate construction
of three Jumbo Class ferry boats.
Public comment - none.
Mr. Waibel stated as the Resolution states the Washington
State Legislature is looking at funding the ferries and they
and Department Of Transportation Marine Division have asked
for input He urged Council to give strong support for funding
the ju~tbo ferries.
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Mr. Johnso~ requested that distribution of the Resolution
include all Kitsap County representatives, members of the
Transportation Committees/House and Senate, Ferry Coalition,
Chamber Of Commerce. He also suggested reproducing the
Resolution on large paper, 11" x 17", so that it will be
noticed.
#1810 M/S/C/U(Waibel/Estes) to pass Resolution #2372, by an
unanimous vote, encouraging the State Legislature to pass
legislation authorizing the immediate construction of three
Jumbo Class ferry boats. And, that this Resolution will be
reproduced to a size of 11" x 17", including the Mayor's
signature and distributed as outlined.
With no further business meeting adjourned at 8:10 p.m.
KATHLEEN L. McCLUSKEY, ~ity Clerk
N, Council President
City of Bremerton
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