HomeMy WebLinkAbout08/19/92TAPE #1049
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CITY COUNCIL MEETING MINUTES
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AUGUST 19, 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, August 19,
1992, at 5:30 p.m., with Council President Lynn Horton
presiding. Council members present: Lon Overson, Richard
Neville, Eileen Fitz, C. R. "Tiny" Collins, Morris Dawkins, A1
Colvin, Russ Johnson and Hank Waibel. 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 Judge Steve
Alexander.
CONSENT AGENDA
A. Minutes of Meeting - August 5, 1992
#AB92-205
M/S/C/U(Waibel/Dawkins) to approve Consent Agenda as
presented.
CLAIMS/WARRANT REGISTERS
Vouchers audited and certified by the auditing officer as
required by RCW 42.24,080, and those expense reimbursement
claims certified as required by RCW 42.24.090, have been
recorded on a listing that had been made available to the
council.
M/S/C/U(Colvin/Fitz) on August 19, 1992, the Council does
approve for payment those vouchers included and further
described as follows: 155341 through 155502 in the total
amount of $169,251.36.
COUNCIL MEMBER REPORTS
Mr. Colvin reported on an incident at Lions Field where a
mother and three children were locked in one evening. He
contacted the Bremerton Police, who responded promptly and
freed the detained family. He wished to apologize to the
Parks Department employee, who was unnecessarily awakened as
a result of this incident. He enjoyed being on the boardwalk
on Sunday and was pleased about it being crowded with lots of
people. On a recent tour of the Turner Joy, he heard only one
complaint from several citizens...that the $4.00 charge for
adults and $2.00 charge for children was rather expensive
considering the current limitations on the ship. He hopes the
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people in charge of the Turner Joy will consider that concern.
He received a call from a citizen who requested that Mayor
Mentor place a question on the back of the Water billing
regarding the number of people who watch Channel 29/City
Council meetings. It appears Mayor Mentor has already taken
such a poll and would provide that information at the next
City Council meeting.
Mr. Dawkins stated he wasn't sure he wanted to know how many
people watch the Council meetings, because if it is less than
10% we might be disappointed.
Mr. Overson stated he would have to take issue with the person
who was concerned over the price of the tour of the Turner
Joy. He believed the tour was worth the cost considering the
large portion of the ship that is viewable and will expand in
the future. On Monday evening he attended a meeting of
Council's Growth Management Committee and anticipated getting
some good work done for growth management. As a follow on of
articles in The Sun, he personally was concerned with the
problems of homeless young people in Bremerton. When his
children were growing up he also had difficulty keeping them
out of that problem area. He believed this was something
parents have to pay attention to and work at conscientiously
and continuously. He also believed part of the problem was
the condition of that area providing for the businesses that
are all ready there and until that element is turned around,
he did not think the City would be turned around. He did not
know what it would take to change that environment, but
building condos on the waterfront may not be the answer.
He encouraged everyone who has an idea or who could help the
City work toward a better solution to volunteer their
services.
Mr. Neville reminded everyone of the meeting scheduled by the
Planning Department on Thursday, August 20, 7:00 P.M., at the
Sheridan Park Recreation Center, regarding the Campus
Evergreen Neighborhood Plan.
Mrs. Fits reported she visited the boardwalk twice on Sunday,
10:30 AM and 4:00 PM, and both times observed many people
enjoying the overwater park.
Mr. Waibel expressed his appreciation to the Parks Department
for the fantastic job they have done in maintaining City parks
on a limited budget and during a very dry period, in
particular the beautiful hanging baskets.
t
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Mr. Collins reported the Puget Sound Air Pollution Control
Agency will hold a public hearing on Thursday, August 20, in
Everett to discuss "Outdoor Burning Emergency Waiver". He
stressed this issue does not affect Kitsap County except in
the area around Bremerton and Silverdale.
Mrs. Horton reported she would be unable to attend the
Planning Department's meeting scheduled for August 20,
however, she and Mr. Neville have discussed the possibility of
handing a follow up Neighborhood Meeting in early September.
On this date, she attended a meeting on Bainbridge Island
where the issue of "Seattle side ferry terminal situation" was
discussed. A representative from the Ferry System was present
at that meeting and tried to convey what they are trying to
achieve with the new access route to the ferries. This group
came up with the suggestion that may prove workable with the
City of Seattle, and a follow up meeting will be held in order
to possibly get some alleviation to the situation on the
Seattle side. She noted the new route requires approaching
and exiting vehicle traffic from the ferry terminal from the
south, which has caused lots of confusion. The Ferry System
did post a notice that accessing the ferries from the north
would be allowed when kingdoms events are held. Mr. Waibel
reported recently a notice was posted in the ferries stating
the new accessing route was so wonderful that they probably
would not allow accessing from the north.
PUBLIC RECOGNITION
Mayor Louis Mentor reported the Tsuji School Of Hotel And
Tourism held their first graduation on Saturday, August 15,
hosting an open house from 1:00 - 5:00 P.M. On Tuesday,
August 25, 5:00 P.M., Mayor Mentor and his wife will host a
farewell party for the Kure exchange students, who will be
leaving Bremerton later that week. He believed the recent
news articles regarding teenage homeless young people opened
a lot of eyes, however, he disagreed that they were "Bremerton
teenagers", but rather "society's teenagers" from all over
Kitsap County and other places as well. He was pleased with
the recent news article on the opening of the Turner Joy and
believed everyone involved with the overwater park project,
marina and Turner Joy should be very proud of the end result.
The Visitor Convention Bureau reported their walk in traffic
was up 50% over 1991 and statistics for August show they are
already 50% higher by the 19th day of the month. He
emphasized the entire City of Bremerton benefits from the
increased tourism through increased taxes. In reference to a
recent news article addressing Utility costs, he re-emphasized
City residents do get a "break" on Utility costs considering
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anyone receiving City Utility services outside the City limits
are charged 50% more. City residents also get a "break" on
fire insurance rates. President Hotton noted when she
commented on that in the news article she specifically meant
things like garbage, gas, electricity, cable...not City
utilities per say. Mayor Mentor shared a card he received
from Ruthie Streeter, a Bremerton exchange student who is
visiting Kure, Japan ... she is having a great time. He
referenced a news article titled: "Proposed Project Has A
Rocky Start" (Bremerton-Gorst connector), and noted one of the
reasons for looking at different routes had to do with Callow
Avenue being back in the "picture" after the Navy decided it
would not be included in their expansion plan. In answer to
the concern that people other than City residents were members
of a Citizens Advisory Committee studying this issue, the
project actually encompasses access from Mullenix Road, which
is on Highway 16, to Chico and not simply a City project.
Bob Sauter, VFW Post 3694, joined with their sister post VFW
Post 239, made presentations to the following young people who
participated in the Bike Rodeo on July 10 and were chosen as
winners of a slogan contest at that event: Peter Tonder
(slogan "Look Both Ways Before Crossing The Road"); Heidi
Vehey (slogan "LookAhead Not At The Pedals, Watch For Cars");
Kevin Voltz (First Place Winner slogan "My Helmet Is My
Friend"). Each winner received a Certificate and Citizenship
Medal. Mr. Sauter stressed that many veteran associations were
available to assist the Police, Fire and other City
departments when needed. In reference to the Turner Joy, he
agreed with Mr. Overson's comment, however, there are many
under privileged children in Bremerton that need to get aboard
that ship. He suggested offering a "one time free pass" for
all children so that they can learn what the Vietnam War was
all about.
Lorraine Satvet, Kitsap County Rodeo Court Advisor, introduced
the Rodeo Court Royalty: Queen Tammy Cooper, Princes
Stephanie Puzon and Katie Kitsap Tonhie Hilderbrand. Members
of the Court shared information about upcoming events at the
Kitsap County Fair and Rodeo -"Days Of Swine & Roses" -
starting August 26 through 30th.
Gordy Byrd, 3739 "G" Street, reported a young boy, who was
setting candy, offered to donate 1/3 of everything he sold to
the "Byrd's Nest" shelter and so far that amounted to $3.50.
Since he has been soliciting fund on the boardwalk, he has
collected $682.02 and he received a $200.00 donation by mail.
He also displayed a picture he received from Bremerton Port
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Commissioner Fred Schoneman.
Police Chief Del McNeal stated in reference to Mr.
Waldbillig's testimony to Council about a problem with a drug
house in his rental property, Mr. Waldbillig met with Mayor
Mentor and himself prior to the Council meeting on August 12.
At that time, he took down the information and then contacted
the City's drug unit to see what had gone on with that
particular incident. He confirmed that Mr. Waldbillig had
called Sgt. Cox in February and talked with him about his
rental house having the basement windows boarded and he
believed there was a "grow" operation going on in the house.
That case was then assigned to one of the detectives and he
began to attempt to call and follow up. On May 6 the
detective reached Mr. Waldbillig and talked with him about the
situation and received the same information of a suspected
"grow" operation. At that time he indicated to the detective
that "eviction" from the premises had been served. The
detective denied asking Mr. Waldbillig to delay eviction and
was not something they usually do. At that stage, with the
person being evicted, the case to the Police Department would
go somewhere else to a file. They had no further word on this
situation until Mr. Waldbillig was in his office on August 7.
He checked with the CAD System in regards to the contacts that
particular day. Mr. Waldbillig had called at approximately 1-
1:10 P.M. and requested a "standby" for entering his property
due to his fearing the tenant might not let him enter the
premises. This request was canceled at 1:35 P.M., after they
entered the house without incident. There was a call back at
7:24 P.M., which was responded to by Officer Novack, who
observed the tenants moving out. Officer Novack was allowed
to walk through the house and at that time there was no
evidence of any kind of marijuana but there was a grow light
and table, which are not illegal items. Mr. Waldbillig
previously indicated at approximately 6:00 P.M. he contacted
the Crisis Clinic and they told him a Bremerton Police Officer
had checked the house after 5:00 P.M. Chief McNeal contacted
CPS and the Crisis Clinic and neither of those agencies have
any contact they could relate to Mr. Waldbillig requesting
they check that house for the welfare of the children. Chief
McNeal stressed the Narcotics Office receives lots of calls,
they check out as many of them as they can and in this case
they believed the person was evicted and leaving.
Don Larson, President Kitsap Diving Association, announced his
group is meeting on August 20, 7:00 PM, at Olympic College
Humanities Room 104, and the public is welcome to attend. Dr.
Fran Solomon of the Department Of Ecology (Urban Bay Action
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Team Coordinator for Dyes Inlet and Sinclair Inlet) will speak
to this group on progress being made on the Action Plan for
Sinclair Inlet. He reminded everyone that Washington Coast
Weeks is coming up in September. Kitsap Diving Association is
interested in developing anunderwater reef and have joined in
with other diving groups to find sources of materials for such
a project. He requested a response as to what progress the
Parks Department has made looking into development of a reef.
President Hotton stated she would have Ms. Vanneman respond to
his request.
Bernie Waldbillig stated last week he came before the City
Council with facts relating to dates, who he talked with, what
was said and the times in regards to a "grow" operation in the
basement of his rental property. On Saturday, August 15, he
read a newspaper article and received mixed feelings over its
content. He took it as an answer from the Police Department
to the charges he made against the Police Department. There
were a number of direct contradictions in that news article as
were there direct contradictions in Chief McNeal's statement
earlier in this meeting. He urged the City Council to look
further into this and not stop...we have a problem. He did
not come before the City Council fabricating a big story to
hang anyone. He came before the City Council to complain
about what has taken place at his rental house. As an update,
his tenants are still living in the house, an eviction notice
has been served and they refused to move. He is taking the
matter further through a summons. President Hotton stated at
this point he needs to spend some time talking with Chief
McNeal and Mayor Mentor as they are in a better position to
try and figure out what happened and she urged him to pursue
that avenue. Council will continue to look into this issue.
Mr. Colvin questioned what Council district Mr. Waldbillig's
property was located in? Mr. Waldbillig stated Council
District #5
Phil Olwell, 2455 N. Wycoff, stated he is also experiencing a
drug problem in his neighborhood and the situation has existed
over I 1/2 years. He also has had communication problems with
the Police Department, but through perseverance and pushing on
his part he has received some answers from Chief McNeal to
some of the things going on in relation to the Drug Task
Force. He urged the Council and City to sit back, talk about
this and move forward in relation to a budget or monies that
need to be appropriated to further enhance the number of
bodies we have in the Police Department. The numbers of
Patrol Officers have declined in the last three years and the
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Drug Task Force went from five people to two. The Drug Task
Force is made up of two Bremerton detectives that are
supposedly under a grant from HUD, a Patrol Officer from the
Cities of Port Townsend and Bainbridge Island as well as the
addition of one officer from the State Patrol Officer. Mr.
Olwell expressed concern that when a State Patrol Officer is
included that also includes the State Hotline For Drugs to
Olympia and expands the area this Task Force would be
responsible for. He believes Bremerton has enough drug
programs to warrant this whole unit working just within the
city limits of Bremerton. As a citizens, he appealed to all
other citizens of Bremerton to move forward on this situation
because such issues have been brought before Council over the
past three years. And, it is just now with conversations with
the Mayor that he is finding out about a proposed Levy. He
did not believe a one year program, funded by a Levy, would be
adequate to tackle drug problems in Bremerton. He emphasized
the current Drug Task Force is just a smoke screen and totally
understaffed to take on the huge responsibility it faces.
President Hotton encouraged Mr. Olwell to meet with his
Council District representative, Mayor Mentor and Chief
McNeal. She noted there is the possibility of a funding issue
to go on the ballot as early as next spring, which is not a
City issue but a regional/County issue. If that proposal is
done properly, the City may realize a revenue stream into
perpetuity that could be used for that very purpose rather
than a one year Levy. Mr. Olwell stressed his intent was to
not "dump" on the Police Department and he realizes they are
understaffed. In reference to the Ferry System, he urged the
City Council to watch carefully what is being proposed by the
Ferry System to utilize needed vehicle parking for park areas.
President Hotton noted there may be a good compromise in that
regard. Mr. O1we11 emphasized that there are communication
problems in the Police Department, however, Chief McNeal is
working with him not against him. He will continue to put
pressure on the Police Department to rid his neighborhood of
any and all drug houses.
Myrna Green, 25th & Snyder Avenue, stated the drug problem is
disastrous and has gone on a lot longer than 11/2 years in
this same area. Her home is being used as an escape route for
drug trafficking via the water. She is very concerned for her
safety as well as her two sons and two granddaughters. She was
required by the City to clear off brush along the banks of her
property so that drug people could use the area as a hiding
place. She stressed the importance of the City Council
backing up the Police Chief and Mayor with funding for
adequate forces to fight against the drug problem. She stated
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no matter how much money is put into enhancement projects,
such as the Turner Joy and boardwalk, people will be driven
out of the City because of drugs. She has already spoken to
the Chamber of Commerce and she will be talking with the
Visitor and Convention Bureau to see if they can help the City
address this problem. She did not want to go to the media to
get some kind of results, but if something is not done to
resolve the situation, she will do just that.
6B - ORDINANCE NO. 4385 (SECOND READING) TRANSFER OF OWNERSHIP
OLYMPIC CABLEVISION L.P. TO FALCON VIDEO COMMUNICATION L.P.,
#AB92-204
Public comment - none.
Mr. Johnson questioned with the change in ownership will it
give the public more access to CBUT? Maggie Gold, Manager,
stated right now they are "maxed" out on channels and she does
see a rebuild of their system within the next few years and at
that time options will be considered.
M/S/C/U(Johnson/Colvin) to pass Ordinance No.4385, on second
reading, amending Ordinance No. 4206 to authorize transfer of
said franchise from Olympic Cablevision Limited Partnership to
Falcon Video Communications, Limited Partnership.
6C - RESOLUTION #2401, ESTABLISHING AN AD HOC COMMITTEE TO
EVALUATE ANDASSE8 THE BREMERTON CITY CHARTERAND FORM OF CITY
GOVERNMENT, #AB92-207
Kathleen MoCluskey, City Clerk, stated this Resolution is
being proposed by Cecil McConnell and is a citizen request.
Practices and Policies brought on by changes in laws,
environment and necessity do not agree with the current City
Charter plus the predicted growth of the City will demand more
experience, training and management skills of the person
charged with the responsibility of managing the City. More
than can be provided by a layMAN.
Therefore, it is respectfully requested that the City Council
appoint a Committee to determine if the City of Bremerton
should consider a change in the form of government to provide
the necessary management skills events appear to dictate is
needed, i.e., a City Manager/Council/Mayor government.
The size of the Committee and its composition to be determined
by the City Council. It is suggested that the Committee
should have as members personnel representing the business
community, political groups, neighborhood groups, government
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and others the City Council deems necessary and advantageous.
It is further suggested that 15 members would be sufficient.
The current City Charter, if retained, should be reviewed in
its entirety and corrected to represent current procedures and
policies, and to remove vagueness, duplications, and ambiguous
language.
Cecil McConnell, Almira Drive, stated there are several groups
of people around the City who are discussing a "change in
government", and who are not necessarily connected together.
The group Mr. McConnell is involved with felt it would be
better to approach the City Council and have them appoint a
bipartisan committee to study the government, not necessary to
change it, but to see if a change is needed and to go through
the antiquated City Charter. Since the change of government
in 1983, there have been considerable change in conditions
without the City Charter being brought up-to-date and kept in
context with what is actually happening in society. This
proposal is not asking for a vote on a change of government or
even upgrading the City Charter, rather it is asking that a
committee be appointed representing all facets of society of
Bremerton to study this problem and see if changes are need;
and if so, where they should be made. It has been said that
City government should be reviewed every 10 years and the
City's current form of government is now 10 years old.
Mayor Louis Mentor stated there were two ballot measures in
1991 to change the form of government and there have been lots
lof people looking at different forms of government in the
past. If we truly want to look at a change in the form of
government, he believes a Freeholders process would be the way
to do that. He did not support having the Mayor or City
Council establish such a committee because they should be
divorced from the issue and left up to the citizens. Last
year there was a ballot issue to change the form of government
that was voted down 2-1 by the citizens. He believed it has
been looked at, however, if it is desired to look at it again
then the Freeholders process is the best approach. Addressing
the issue of the form of government is a costly process. If
Mr. McConnell's proposal is adopted, it will cost the City
thousands of dollars. Mayor mentor stressed it needs to be
done in a legitimate form with backing from the whole City.
Mr. Overson stated from his understanding there is already a
group working on a proposal for a change in form of
government. If that is a fact, he would like to see some
broader representation in this style of committee. If this
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committee feels a Freeholder process is the result, then that
would be a recommendation from that committee. He could not
support the Resolution establishing the committee, however,
that did not mean that he wouldn't support a Freeholders
proposal.
Mrs. Fits stated she had some concerns over the summary
statement that was given on the Agenda Bill. Any committee
that is to look into a change in government needs to look at
all forms of government, not just a City Manager/Council form
of government. President Hotton pointed out that Mr.
McConnell stated at Council's Study Session that although his
group favored a City Manager they felt looking at all forms of
government was the proper process.
Mr. Collins referenced the Constitution Of The State Of
Washington that sets out the RCW that sets out the
incorporation of municipalities and legalizes the use of a
Freeholder process.
Mr. Johnson stated both he and Councilman Dawkins were very
familiar with the Freeholder process as they had both run for
a Freeholder position. His position at that time was that he
was running because he did not know what was going to happen
although he really did not believe in the Freeholder process.
In talking with experts at the University Of Washington and
other institutions where they have large political science
groups Freeholders generally never produce a product and
nothing happens. They get involved and if they make a proposal
they usually try to encompass so many wishes of so many
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different groups that they manage to make everyone mad; or
they meet forever and one of the legal outcomes is no change.
He was involved in the change of government that brought the
current government into office and all the recommendations
were to study all different alternatives and see what fit the
community best with lots of community involvement. At the
time of the last election when another proposal for change
came up, he purposely remained quiet, although he did favor
some change. He believed management of municipal government
has become so complicated that more professionalism in
government is needed. His staying away from commenting on the
previous ballot issue to change the form of government was
wrong and what actually happened was like a door being slammed
on the people who were working to receive valid input from
people that were not normally available via a phone call or
people with experience. In this case, he believed Mr.
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McConnell is on the right track in going through his proposed
charter, however, he would like to include some things that
might open some more doors. If this group is going to sit
down and study it, he believed they should look at all the
options starting with the State Constitution and RCW's, and
they should have some access through a focal point in the City
allowing them access to the libraries at Municipal Research,
etc. He also believes, in a "non" voting capacity, the City
Council and Administration should provide some representation
and help to work with the Citizens to answer questions. He
volunteered to give assistance in this endeavor if it is
approved.
Mr. Overson stated he agreed with Mr. Johnson's technical
approach and questioned if he believed the proposed Resolution
needed some rewrite? Mr. Johnson stated the City Charter
could be improved upon and he would delay voting on this
proposal to allow rewording of the resolution and scope of
responsiblity. President Hotton questioned if it would be
possible to look at this proposal in two phases: (1) approve
the first Section of the Resolution establishing the committee
and bring them together; (2) to determine exactly where we
need to go from that prospective. Mr. Johnson stated he would
hate to see Council be locked into the membership of the
proposed committee because he believes there are others who
should be included. He did support establishing the
committee, however, he wanted more input into what they will
be tasked to do. Mr. McConne11 stated the composition of the
committee was intended to be totally up to the City Council.
President Hotton questioned if Mr. McConnell would object to
delaying this item for one week? Mr. McConne11 stated he had
no objection.
Mr. Collins stated he was trying to understand what Mr.
Johnson was actually saying. He questioned if Mr. Johnson
still wanted a committee of 15 members and if so, did he have
a reason for establishing a committee that would be basically
in control of the City Council? Mr. Johnson stated the reason
is there are no rules on Freeholders...no deadline or
direction. It was his understanding that within the past
couple of years there have not been any elections where
Freeholders have managed to change the form of government.
Mr. Collins stated there were two cities: (1) City of Federal
Way was just established under Freeholders; (2) City of
Bellevue completed their Freeholders study, which was
concluded in i 1/2 years; and was completed about 1 year ago.
And, there is a city near Marysville that has, by Freeholders,
determined they will become incorporated. President Hotton
emphasized just because Freeholders may want incorporation,
i
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that issue must go before the vote of the people. Mr. Collins
stated yes, it goes before the vote of the people in its
total. One of the responsibilities of the Freeholders is to
insure that the Freeholders will bring forth to the total
constituency a charter and an organization. Mr. Johnson
pointed out the cities Mr. Collins cited were not "Charter"
cities and what they probably did was to read the RCW and say
"we want to be an Optional Code City". Mr. Collins cited the
following: "such proposed charters shall be submitted to the
qualified electors of the city and if a majority of such
qualified electors voting there on ratify the same, it shall
become the charter of the said city and shall become the
organic law thereof".
Mr. Colvin stated he believed this issue needs more
clarification. He believed the City of Bremerton was started
by Freeholders. The second form of Bremerton city government
was also started by Freeholders, which lasted 60 years and the
current form of government was brought about by an Ad Hoc
Committee and it is only 10 years old. He questioned if the
Freeholders process was so bad, why did the City experience a
form of government covering a 60 year span? Regardless what
label is put on the government, in the final analysis it is
the type of people elected to run that government. He noted
he admired Mr. McConnell for undertaking this task. He
believed more study should go into this issue prior to being
approved.
President Horton expressed concern over the use of a
Freeholders process and not getting anything from them as well
as individual groups pursuing a change that again may last 10
years. She believed it behooves the City Council to become
involved with a group of citizens who want input and who want
to do the right thing. If established, that group may come up
with the proposal to use the Freeholders process. Kitsap
County established a committee to look at their form of
government, of which Councilman Collins is a member, and that
group recommended the Freeholders process. She stressed she
is getting fed up saying there are problems and then looking
at the "other guy" to fix them; well, the "other guy" is us,
not just this Council but the group who has come before us and
every member of this community. Mr. Co111ns added and every
elector in the City of Bremerton and they are the ones not
being heard. President Hotton stated if ultimately this group
comes up with a recommendation for a Freeholders process or a
form of government, every voting member of this community will
get a chance to make that determination. Mr. Collins stressed
the voters would only be allowed to vote on one single
package...they don't get to say "is it broke?". He does not
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know if the current form of government is "broke". President
Hotton stated if Council rejects putting this committee
together, they will put it together themselves with or without
Council's input and develop a ballot issue. She personally
would like to see that they get started properly. Mr. Colvin
stated if this Committee is established, there iS no
preclusion that a Freeholders process could not be the end
result. He wants to understand exactly what is being
proposed. President Hotton supported postponing this issue
and obtaining more input and definition of a proper course of
action. Mr. Johnson stated he did not believe the original
charter lasted 60 years. Mayor Crockston was the first Mayor
of Bremerton and he was on a City Council, which later changed
to a Commissioner form of government.
#0488
M/S/C(Johnson/Colvin) to table this item for one week.
Vote:
In Favor:
Opposed:
Abstain:
Overson, Neville, Fitz, Horton, Dawkins,
Colvin, Johnson
Collins
Waibel
Due to President Horton having to go out-of-town, she turned
the meeting over to Council Vice President Morrie Dawkins at
7:30 P.M.
6A - ORDINANCE (FIRSTREADING) AMENDING THE PARKS ORDINANCE TO
ALLOW CON8UMPTION OF ALCOHOL IN PARKS FOR SPECIAL EVENTS,
#AB92-206
Regulations of the parks code are amended in three areas: (1)
Regulations restricting speech and assembly in public parks
have not been enforced in recent years due to rulings on first
amendment rights in traditional public forums which include
public parks. These sections of the parks code are now
stricken; (2) it is proposed that alcohol beverages now be
permitted as part of regulated or controlled activity in the
parks; and (3) by agreement with the Port of Bremerton an
exception for park closing hours is clearly stated for the
overwater park to accommodate marina users.
Vicki Vanneman, Parks and Recreation Director, stated there
are two proposed changes: (1) Section 13.040.080 - to be
addressed by City Attorney Ian Sievers; (2) 13.040.140
involving possession and consumption of alcohol in park
facility. She noted State Liquor Board Agent Cole Roberts was
also present to respond to questions as was Carol Atkinson,
co-chair of the Bremerton Blackberry Festival.
Ian Sievers, City Attorney, stated the law has been and is
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August 19, 1992
Page 14 of 22
that a municipality may not totally restrict free speech in a
traditional public forum. Parks, streets and sidewalks are
traditional public forum under Constitutional Law.
Restrictions are allowed to the extent they protect a
compelling state interest, which is substantial in relation to
the restrictions imposed, but even then they must be only
restrictive as necessary to protect the state interest and
must also provide an alternate means of communication. Based
on that brief review of the law, he recommended Council
approve the total prohibition on solicitation and also the
blanket discretion for the Parks Director to prevent assembly
in the parks. Even if the park was considered a limited
public forum, such as the City Council Chambers, the City has
to have an equal access program for those facilities, which
may not be subject to official discretion. He also is
recommending several changes in "Criminal Penalties". This
Ordinance also had a section on "Aiding And Abetting a
Principal of Criminal Liability, which are all adopted either
in the beginning of the Municipal Code or in the Criminal
Section and are no longer necessary and have been removed.
Ms. Vanneman stated the second issue is the change regarding
"alcohol". It is her feeling as well as the Parks Commission
that absolute prohibition of alcohol use in City Parks'
facilities is somewhat limiting and outdated. A couple of
specific changes to this rather restrictive code would enable
her department to offer additional public services. The three
opportunities for change would be "Special Event", requiring
a Special Event Permit as it does now. A special event would
be applied for in the Business Tax and License Office
(approximately 20 such permits are requested annually, of
which probably 10% inform the City they are planning to
service alcohol). She anticipates maybe two such events per
year, and a good example would be the KBRO Birthday Party that
was planned for earlier summer (but was withdrawn) featuring
a street fair event with a "beer garden". Another example
would be Bremerton's Blackberry Festival held Labor Day
weekend. At this time,such events fill out a lengthy and
involved application covering a broad range of information
including what activities are to be offered, who is in charge,
times/dates/places, estimated attendance, etc. It also covers
very specific information on insurance requirements, insurance
carrier, and requires a copy of Certificate Of Insurance. If
the applicant requests that alcohol be served, they are
required to provide a copy of the Special Occasion Permit
issued by the State Liquor Control Board.
Special Events are handled in other cities pretty consistent
with what is being proposed. The city of Lynnwood co-sponsors
an event in their main park, under a Special Event Permit, and
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August 19, 1992
Page 15 of 22
require a Special Occasion Permit for a Beer Garden. The City
of Edmonds hosts the "Taste Of Edmonds" and "Art Festival",
held at the Frances Anderson Center, which is on park
property, and includes a Beer Garden. Metro Parks and
Recreation of Tacoma hosts the "Taste of Tacoma" at Pt.
Defiance Park and they allow a Beer Garden with a Special
Occasion Permit.
Banquet Permit - it is proposed that alcohol would be
permitted with a Banquet Permit and contained within a Parks
Department facility, i.e., Sheridan Park Recreation Center
(Lounge) and the Senior Center. Ms. Vanneman explained her
Department has received inquiries for holding events such as
Anniversary and Birthday parties (senior events), and when
they discuss the details of the use of those facilities and
when it is discovered they cannot have a Champaign toast they
generally look elsewhere. Those two City facilities are
available at a nominal cost with a Damage Deposit required.
The City of Lynnwood has not had a request that involved use
of alcohol for an "in side facility", however,. if they did
receive such a request they would allow it using a Banquet
Permit. The City of Edmonds and Metro/Tacoma uses a Banquet
Permit for such events. Metro included a couple of
stipulations that are very wise... a copy of the Banquet
Permit issued from the State Liquor Control Board and the
local State Liquor Board Office requires a copy from Metro
saying "yes, they are authorizing the use of their park
building for this event". They also require that groups be
out of the building by 1:00 AM and serving of alcohol
concludes at midnight, which allows for a reasonable time for
clean up.
Parks Concession Agreement - by passage of this ordinance it
would allow a concessionaire to put together a bid package
that included the sale of alcohol at a facility that had a
concession stand. The City Council would be in control of
granting this use as all concessionaire contracts/agreements
must be approved by Council. She referenced the most recent
concessionaire contract being with Darrell Erickson at Lions
Field. Passage of this ordinance would not guarantee that
allowable use and would be a Council decision.
Cole Roberts, Agent for the State Liquor Control Board, stated
he has had five years experience serving as a Liquor Control
Board Agent with assignments in King, Pierce and Kitsap
Counties. He has had relative experience in regards to
Special Occasion Licenses and Banquet Permits and how they are
commonly used in municipal parks. He explained a Special
Occasion License, often requested by non-profit organizations,
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August 19, 1992
Page 16 of 22
allows the organization to actually sell liquor at the
proposed event, which can be open to the public. A Banquet
Permit is given to a private function, which does not allow
the function to be open to the public or advertised in a way
that would deem it being open. What is commonly seen with
Parks Departments is the use of parks facilities being rented
out to the public for events such as wedding receptions,
birthday parties, dances, etc. The employees of the State
Liquor stores and contracted liquor agencies are required that
if a person is attempting to secure a Banquet Permit for a
function that will be held at either a County or municipal
park or park facility, they must provide written authorization
that particular municipality or park department will allow
liquor for that event. He suggested drafting some sort of
language in the City's initial permit application that would
incorporate the authorization for liquor to be used at a
particular function. A Banquet Permit would allow persons to
serve either beer, wine or spirituous liquor for their
function. It needs to be a type of function that is not
pecuniary gain so basically wedding receptions and such fall
into that category. He also suggested incorporating some sort
of language that give the City a window of time that would
allow a paper trail to follow. It is not uncommon for someone
to apply for a Banquet Permit the day of or day prior to their
event. The Liquor stores would mail a copy of that Permit
application to the enforcement officers and the Liquor Control
board reviews the application for any "red flags" that would
warrant denial or further investigation. By giving a window
of time, perhaps 10 days, the City would have an opportunity
to review the Banquet Permit application as well as leaving a
safe margin of time for the enforcement officers to also
receive their copy of the Permit application prior to the
event taking place.
The Special Occasion licenses are automatically sent to the
Mayor's Office regardless of whether an event is held on City
owned property or not. As a result of that, they require
applicants for Special Occasion Licenses to apply a minimum of
30 days in advance of the event because the Liquor Control
Board is required to give the City 20 days to respond to such
requests. Often times, however, persons find themselves
having less than the 30-day period to gain approval and the
Liquor Control Board has accommodated such event. However,
when less than 30 days is indicated and the proper channels
have not been followed in notifying the municipality, the
burden falls back onto the group that is applying for the
Special Occasion Permit that they themselves secure written
permission of either the Mayor's Office, City Council, or what
other governing agency would give approval for the event
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August 19, 1992
Page 17 of 22
taking place in that municipality.
Mr. Colvin questioned if non-profit organization could sell
liquor under a Special Occasion license? Mr. Cole stated yes,
and an example of that is the "Taste Of Tacoma, which is a
non-profit organization that establishes that license for that
particular event. Mr. Colvin requested identification of other
non-profit organizations. Mr. Cole stated the Red Cross was
another example of such an organization and basically what the
Liquor Control Board requests is that the non-profit
organization be registered in that manner as a non-profit
organization not only with the Secretary Of State but also
with the Federal Government on their tax identification
number. Mr. Colvin questioned if the rules that apply to one
non-profit organization would apply to all? Mr. Cole stated
yes.
Carol Atkinson, Co-Chair of the Bremerton Blackberry Festival,
reported her committee is made up of 25-30 very responsible
people. She stressed the Blackberry Festival is a major
undertaking and the festival has had beer gardens for the past
two years, without any incidents or problems. Mrs. Fitz
questioned the locations of the two previous beer gardens?
Mrs. Atkinson stated last year it was held in the D & D Deli,
245 4th Street and the prior year in the building now occupied
as the Olympic Gymnastic Center on 4th Street.
Mrs. Fits stated the Fiscal and Budget Committee discussed
this issue and this date she requested data from Chief Del
McNeal on the amount of money spent on the D.A.R.E. program.
His response was that they spend approximately $5,000
annually, which is contributed by the County, plus the cost of
a D.A.R.E. Officer. Parks are funded by the citizens of the
City, children-seniors should be able to enjoy parks and feel
they can use the parks without people using alcohol in the
parks. She believed the City is contradicting themselves when
money is being spent on the D.A.R.E. program and the DWI Task
Force and now, if the proposal is apprcved, would be condoning
the use of alcohol in parks. 'She was not opposed to the use
of alcohol in other places, but City parks are not the place
for it. She would support using the Senior Center and
Sheridan Park Recreation Center for banquet facilities and
private parties due to their not being visible to the general
public and any attending children would be there under their
parents control. She did not believe beer gardens belonged in
City parks. School Districts provide full time drug and
alcohol interventionist to help address a severe alcohol
problem in school age children. She is concerned about the
message being sent to those young people by allowing
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August 19, 1992
Page 18 of 22
consumption of alcohol in City parks.
Mr. Overson stated he has been involved in assisting festival
type activities and understands the significant economic
impact of allowing a beer garden. However, all of those
organization in Bremerton have been able to sponsor events
outside of City parks and they have been successful. He
stressed alcohol is the most abused drug and the problems of
it and its use are known to everyone - widespread and fully
recognized. He also believed if this item is approved it
would be sending the wrong message to the public.
Mr. Neville stated he has had the opportunity to see the
establishment of beer gardens at special events work very
well. In years past open consumption of alcohol was rampant
and since that activity is confined to a "beer garden" it has
reduced the adverse impact on the public. He stressed such
events are only special occasions that take place one or twice
a year. He did not see beer gardens as places where adults
become inebriated, but rather a place to relax. He noted it
can be used wisely and is used wisely.
Mr. Waibel stated he believed the restrictions that cover
Special Occasion Permits and Banquet Permits really do limit
to certain times, events and areas. He is more concerned
about allowing concession stands to sell alcohol because it
does generally mean there would be construction of some area
for that drinking. From his own personal experience, he did
not want to see open drinking spread all over the Lions Field
setting.
Andy Parvpa, 1122 Hayward Avenue, stated earlier in the
meeting he heard a long discussion about drugs, children who
are living on the streets and adverse affects of alcohol and
drugs on them and others. He personally agreed with
Councilmen Fitz and Overson that this City, who has such a
problem with alcohol and drugs already, should be setting the
example as to use of public property. He has played many golf
courses and in his opinion Gold Mountain Golf Course is a park
and was one of the few courses allowing a concession to serve
alcohol on the golf course. He views this practice as unsafe
and settinga bad example. He stressed there are plenty of
organizations available, such as Eagles, Elks, Kitsap Golf And
Country Club, restaurants, etc., who would sponsor and take on
festivals or events. If the City approved the sale of alcohol
in parks, he believes the City would end up paying out more
money protecting the public than any revenue received. He
discounted the testimony by the Liquor Control Board Agent due
to their inadequate policing of taverns. He begged the City
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August 19, 1992
Page 19 of 22
Council to not allow the Parks Department or any portion of
City government to sponsor alcohol being served at parties,
picnics or celebrations.
Mr. Johnson stated he did not have a problem renting out the
Senior Center or an enclosed room in the Sheridan Recreation
Center for an occasional Anniversary party or wedding
reception. He did have a lot of objection to the outdoors use
of alcohol in various parks...part because of demographics of
our community and the possibility of it being taken advantage
of. He is concerned over what could happen on the waterfront,
specifically there is a restaurant/tavern in operation
bordering the boardwalk and he did not want to see a full time
use for a sidewalk cafe. That would not be an impression he
would like to make when a tourist disembarks from the Ferry.
He stressed the boardwalk should be a Pacific Northwest free
fresh air, lets have a good time place. He did understand the
issue about the Blackberry Festival organization and felt that
may be why this Agenda item was presented at this time. He
would be willing to make a "one year exception" or work out
something with the Port District to use the parking lot on the
pier. In general, he did not think the Blackberry Festival
should have to depend on "beer" sponsorship to survive. He
did not want to see the waterfront turned into anything that
advertises alcohol in Bremerton, especially considering the
recent news articles and testimony about drug and alcohol
problems involving the youth of our community.
Mr. Colvin stated he agreed with Mr. Johnson and the
Blackberry Festival is a good organization that deserves
consideration and help. However, he did not feel there was
enough information in the proposed ordinance as to limiting
the use of alcohol in public parks just during the Blackberry
Festival. He did not want to see the waterfront park turned
into a beer garden without consideration of our children.
Mr. Co111ns pointed out the Council could be moralistic on
this issue, however, there are those who would abuse the use
of alcohol regardless of the time or place. He saw this
proposal as the last of the blue laws in the City of
Bremerton.
Mr. Neville questioned if this proposal went before the Parks
and Recreation Commission and if so, did they give their
approval? Ms. Vanneman stated yes, the Parks Commission
reviewed the issue and recommended approval.
Mrs. Fits pointed out when the blue laws were changed it did
now allow drinking in parks on Sunday, but confined it to
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August 19, 1992
Page 20 of 22
cocktail lounges and restaurants.
Mr. Overson stated at the beginning of the meeting Judge
Alexander made a presentation which needs to be
remembered...we have to make the difficult right decisions
sometimes. Mr. Collins expressed that nothing could be done,
however, he believes this is one thing Council could do. It
is no longer acceptable for Council to say "yes there is a
problem, however, we cannot do anything about it". This could
be the time for Council to take one step in the right
direction and doing something about it.
Mr. Colvin voiced concern over the lack of citizens responding
to this proposal. He suggested postponing this issue in order
to give the citizens a chance to voice their concerns.
Mr. Walbel stated as a point of clarification this ordinance,
if passed, would not be in effect in time for the Blackberry
Festival. Kathleen McCluskey, City Clerk, explained it could
be in effect by one day.
Mr. Dawkins stressed the need for funding to put on events
such as the Blackberry Festival. He noted there are lots of
organizations who use the "beer garden" activity to raise
funds for continued activities in coming years. He
acknowledge there will always be people opposed to allowing
alcohol use in the Senior Center and Recreation Center,
however, he believed it would offer the public the opportunity
to have the use of a nice facility for a nominal fee. He
stressed "beer garden" type activities happen all over the
state.
Mr. Colvin questioned if anyone had any problem with tabling
this item until the public had an opportunity to give input?
Mr. Waibel pointed out if the first reading of the ordinance
is not done at this time the September 6 effective date would
not be met. Ms. Vanneman pointed out The Sun did print an
article on this issue in today's edition. Mr. Colvin stated
in his opinion that was too short of notice.
Mr. Overson stated there are alternatives to having the beer
garden in a City park.
Mr. Waibel stated he believed the family is where the values
have to be established in terms of not only alcohol and drugs,
patriotism, etc. You cannot pass laws and then set back and
say "that will take care of it". That safety net is an
illusion. We cannot legislate morality and we cannot do it
here to stop the kinds of things that have been talked about -
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August 19, 1992
Page 21 of 22
it has to start with the "family".
Mrs. Fitz stated parents should expect they can bring their
children to a park and not have them subjected to liquor in
any form. Citizens pay for that park and senior citizens
should be able to go there and feel comfortable at not having
liquor being sold. The children who are on First Street in
Bremerton don't have families like hers and Mr. Waibel's.
They need someone to give them direction and she felt we, as
a City, could do that by not condoning alcohol in City parks.
She is not opposed to alcohol in the private business or
places that are set up for that...not in the public park.
Mr. Johnson expressed concern over potential headlines in the
local newspaper if this item is passed: "citizens protest
drugs and such activities in Bremerton and Council responds by
legalizing booze in the park"!
Mrs. Atkinson stated Council was correct that funding is
needed to support a festival activity and people will go
elsewhere to have their festivals if we cannot have a full
festival. She stressed they have never had any problems in
the past of people over drinking in the beer gardens. This
year it was proposed to have the beer garden on top of the
Utility pump station, which would allow checking people as
they travelled up and down the stairway and is not located
directly on the boardwalk. The festival's funding does come
from the overriding sponsor and allows them to provide
entertainment. They were not aware there might be a problem
over having a beer garden so this may jeopardize everything in
the future.
Mr. Johnson stated the festival committee may have already
solved there problem considering the fact the pump station is
Utility property and not part of the City park.
Mr. ParV~a emphasized the Blackberry Festival needs funding
and they may loose their sponsor, however, there are other
places to hold the beer garden where it would not impact the
young people and other people who would find it offensive.
Mr. Johnson raised the questioned to the City Attorney: "is
he correct in that the observation deck on the sewer pump
station outside of the City park area"? Mr. Sievers stated he
believed the restroom that are part of the pump station are an
integral part of the park as is the viewing platform and was
probably designed by Council to augment the necessary
placement of that utility feature and to mitigate its
placement. Mr. Johnson pointed out the restrooms were built
#2476
#2598
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August 19, 1992
Page 22 of 22
before there was ever an overwater park. Mr. Sievers stated
even though it may be owned by the Utility, he was sure they
do hold the Port's Harbor Lease for the pump station. When
looking at how it is being used, certainly the innards of that
building are being used by the Utility Department but he
thinks other portions are part of the park. He thinks the
intent of the Park Ordinance is talking about City parks and
how they are currently being used, not who owns some interest
in the property. Mr. Johnson stated that was the opposite of
what he hears when we talk about Jarstad Park and the Golf
Course. One of the two has to give...we either put up "no
drinking" signs on Jarstad Park and the Golf Course or ....
Mr. Sievers stated he also believed that was a pretty thin
justification for those two facilities.
M/C/F(Overson/Fitz) to disapprove this ordinance as presented.
Vote on motion: In Favor: Colvin, Johnson, Overson, Fitz
Opposed: Waibel, Collins, Dawkins, Neville
Motion failed.
M/S/F(Waibel/Collins) to approve Ordinance, on first reading,
amending City park regulations relating to assembly, liquor,
operating hours and penalties; and amending Bremerton
Municipal Code Chapter 13.04.
Vote on motion:
In Favor: Collins, Dawkins, Neville Waibel
Opposed: Colvin, Johnson, Overson, Fitz
Motion failed.
With no further business meeting adjourned at 8:36
KATHLEEN L.M~cCLUKEY, City Clerk
~RTON, Council President
City of Bremerton
KLM/LH/me
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