HomeMy WebLinkAbout06/12/91TAPE #928
UNAPPROVE' ~RAFT
CITY COUNCIL MEETING MINUTES
jUN 6
JUNE 12, 1991
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, June 12, 1991, at 5:30 p.m., with
Council President Lynn Horton presiding. Council members present:
Lon Overson, Wayne Estes, Spencer Horning, Hank Waibel, C. R.
"Tiny" Collins, Morrie Dawkins, A1 Colvin and Russ Johnson. Also
present were City Attorney Ian Sievers and Acting City Clerk Rich
Hanna.
The meeting opened with the Pledge of Allegiance led by President
Lynn Horton and the Invocation given by Reverend Clinton McCrea of
Emanual Apostolic Church.
President Horton announced Council would hold a"continued" Study
Session immediately following the Council meeting, and an Executive
Session following the Study Session to discuss "litigation".
CONSENT AGENDA
A. Minutes Of Meeting - May 29, 1991, #AB91-151
#0117
M/S/C/U(Waibel/Estes) to approve Consent Agenda as presented.
CLAIMS/WARRANT REGISTERS
Vouchers audited and certified by the auditing officer as required
by RCW 42.24,080, and those expense reimbursement claims certified
as required by RCW 42.24,090, have been recorded on a listing that
has been made available to the council.
#0154
M/S/C/U(Colvin/Dawkins) on June 12, 1991, the Council does
approve for payment those vouchers included and further described
as follows: 130883 through 131051 in the total amount of
$456,238.18 and Regular Payroll for the ending period May 31, 1991,
in the amount of $437,976.16.
COUNCIL MEMBER REPORTS
Mr. Johnson reported on progress being made on a crosswalk between
the Oyster Bay Plaza and Yees Restaurant on Kitsap Way. He noticed
the stop lights looked ready to activate and he cautioned drivers
to be aware of this new signalization. He had heard rumors that
the Chamber of Commerce is planning to hold some type of meeting
and presentation concerning a new type of City government that is
being proposed. He noted that meeting is scheduled when the Mayor
and several City Council members will be out-of-town. He had hoped
to participate but would not be available at that time. Parking -
Mr. Johnson stated having been a victim of a parking ticket it
becomes a personal issue and because of the City's costs for him to
challenge that ticket, he elected not to incur that cost. He did
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UNAPPROVE' 9RAFT
not understand what was really happening, as it related to the
Assistant City Attorney's recent situation in Municipal Court. He
questioned if there was some bad language in the City's ordinance
or an administrative problem? Unless Council objects, he would
like to ask the City Auditor to take a look at this matter and get
a good understanding of how to correct it. He noted many cities in
Europe have a Patron Saint and he wasn't sure if Bremerton would
ever have one, but if it could happen he would like to nominate St.
Patrick.
Mr. Colvin noted there are several groups talking about changing
the form of government in Bremerton and he will be attending one of
those meetings on Thursday, June 13. He introduced Lions Club
member Mark Williams to finish his report. Mark Willjams reported
last Friday night he was inducted as the 66th President of the
Bremerton Central Lions Club. The Club's motto is "We Serve" and
is comprised of 140 members dedicated to community service. This
past year their organization donated approximately $35,000 to needs
within the community. He emphasized how the Bremerton Central
Lions Club was looking forward to working with the City and
community in the future. He invited anyone interested to join their
organization.
Mr. Estes stated there is a small group of people who meet at the
E1 Camino Restaurant, 6th and Callow, every Wednesday morning at
7:30 AM - "The Chamber Roundtable". Next week they plan to
introduce the three groups proposing a change in municipal
government. He noted perhaps this would set the stage for other
public meetings so that the public can become aware of the issues.
He referenced a statement made during last weeks Council meeting
that he was irresponsible in making statements before the Council.
His response to that comment is as follows: if he sees a problem
it is his philosophy to bring that problem out into the open, try
and identify it and then work up a solution to solve it. He
believed it was totally irresponsible to sweep a problem under the
rug and when these problems are solved, the image of Bremerton will
take care of itself. He commended the Bremerton High School Band
for the wonderful job they did in playing four National Anthems
during the Warspite ceremony.
Mr. Homing announced Bremerton High School's graduation will be
Thursday, June 13. He noted if you wonder if our educational
system is working...the 1991 class of Bremerton High School
received in excess of $795,000 worth of College Scholarships. He
expressed how proud he was of this accomplishment.
Mr. Waibel noted if you wonder if our investment in young people
had paid off...up until two years ago the scholarship amount had
been less than $100,000 every year. Last year, after the
community's investment in the new High School, the scholarships
amount to 2/3rd of a million dollars.
Mr. Collins announced the Bremerton High School Band is in dire
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June 12, 1991
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need of help to get them to Washington D.C., for a 4th of July
celebration. He strongly suggested that the citizens of Bremerton
look a little deeper and give these young people some financial
assistance. President Horton reported that any donations towards
the Band's trip could be declared as "tax deductible".
PUBLIC RECOGNITION
Mayor Mentor announced on Friday, June 14, at the Bayview Inn,
there will be a fund raising dinner for the Bremerton Knights Band.
Cost of the dinner is $17.50 per person if tickets are purchased at
the door or $15.00 per person if purchased prior to the event.
Dinner will be served from 6:30 PM and musical entertainment
provided by "Blues Brothers Band". Also, he participated in the
School Patrol recognition event - Pizza feed at Tony's Pizza on
Saturday, June 8. He announced today was the Grand Reopening of
the Payless Drugs on Wheaton Way and the new store is beautiful.
He encouraged everyone to go out and see the changes made. The
Payless Manager commented to him that the contractors had commented
how easy it was to work with the Building and Planning Departments
of the City. On June 15, 11:00 AM there will be a "Welcome Back
Troops" Rally at 15th and Lincoln and will parade down to Memorial
Field. In reference to parking tickets, he became aware of a
system in California where certain tickets that were minor
infractions provided a choice to pay a certain amount of money or
set a Court date or make a plea by mail. If a plea was made by
mail, a Judge would read the statement and then mail back his
verdict and whether or not there was a fine. If the mailed plea
method was selected, then it was agreed that there would be no
further appeal process for that particular infraction. He noted he
was involved in that process twice and it worked quite well. Since
he was impressed with that process, he is looking into the
possibility it may work in Bremerton. Lastly, he announced the
Flag Day Ceremony will be held on Friday, June 14, 3:00 PM, at City
Hall Park.
Mayor Louis Mentor read a Proclamation proclaiming June 14, 1991,
as NATIONAL FLAG DAY in the City of Bremerton.
Don Larson, President Of Kitsap Diving Association, brought to the
public attention the June issue of OUTDOOR NEWS and an article
covering the Clean Up along the Bremerton waterfront. He supported
the requirement that the City provide public beach access as part
of their Shoreline Management Plan. He announced "Coastweeks" will
be having a meeting on September 6-7, Tacoma, WA., dealing with
public access to waterfront areas. Additional information can be
obtained by calling 943-0394. He also announced the publication
"UNDERWATER USA" will be publishing an article on Kitsap Diving
Association this fall. The Dive Club is working toward the
creation of an underwater park. He suggested a good site for this
type park would be on the port side of the Turner Joy.
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Sean Newsome, 128 N. Cambrian, stated during the June 3 Council
Study Session he suggested that the City place for public viewing
a detailed drawing of the proposed new entrance into Bremerton. As
of this date, he had no idea if this was being done or planned for.
He was concerned that the maps that are currently available do not
really depict the impacts such a project would have on the local
residents. He suggested including in such a public display the
time table of the project and who people could contact should they
have questions or input. He also requested the City Council
propose the criteria for the project - what is being proposed
seemed direct opposite to what the City should be addressing.
Therefore, he requested that the City Council/Mayor publicly state
the criteria for this project so the public has a better
understanding of the City's intent. President Horton requested the
Acting City Clerk to contact Mayor Mentor regarding this concern.
6A - CHANGE ORDER NO. 4, CONTRACT #3087, C17/SCHEDULE A - CENTRAL
BREMERTON WASTEWATER IMPROVEMENTS PROJECT (OLYMPIC WESTERN
COMPANY), #AB91-152
The Change Order provides for the following changes as noted:
Item #1
A. Modification of Discharge Piping
B. Installation of a printer at the Wastewater Treatment Plant
C. Additional excavation, debris removal and back fill
D. Removal of Viewing platform foundation structure
E. Revision of flagpole base installation
Total: $14,000
Item #2 - Time extension No Charge
Item #3 - Revision of contract completion date No Charge
Item #4
A. Substantial Completion Date
B. Completion in all respects
C. Final Contract price
May 29, 19990
September 28, 1990
Final Contract Price
Sales Tax (7.8%)
TOTAL
$914,383.00
71,322.65
$985,715.65
TOTAL AMOUNT OF THIS CHANGE ORDER $14,000
TOTAL AMOUNT OF CHANGE ORDERS TO DATE 20,975
ADJUSTED CONTRACT TOTAL $914,393
% CHANGE 2.3%
Bill DuffV, Utilities Director, explained this is the last change
order in about 23 projects that started several years ago. To
date, they had awarded in excess of 23 contracts totaling more than
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35 million dollars. With the exception of adjusting the
Engineering contract, this should be the last and final change
order on those projects.
Public comment - none.
Mr. Overson noted it appeared the City was getting a "good" deal on
the low cost of the change order for the work being done. Mr.
Duffy noted the City was presented with a claim in excess of
$80,000 and through negotations for settlement brought the amount
down to $14,000.
#1076
M/S/C/U(Overson/Estes) to approve Change Order No. 4, C17/Schedule
A, Contract #3087 and authorize the Mayor to execute the same
subject to City Administrative Policies and Procedures.
6B - SURPLUS OF CITY VEMICLES, #ABgl-153
The City has several vehicles which have reached the end of their
useful lives and are now surplus to City needs. A declaration of
surplus is necessary to allow disposal.
Rich Manna, City Treasurer, requested in addition to the vehicles
listed that two vehicles be added: 1983 Chevrolet Van #1056; 1978
Cushman Scooter #1436.
Public comment - none.
Mr. Dawkins questioned if the vehicles were disposed of through an
auction? Mr. Manna stated typically the City will solicit in the
community the fact that these vehicles are available and make an
attempt to sell them. However, if the City was not successful in
disposing of them in that manner, then they would be sold through
the auction process. In efforts to sell them ourselves, the
National Automobile Associations "Blue Book" price is used as a
guideline. Also, input is solicited from the City's Vehicle
Maintenance Contractor, who has a good idea of the current market
value.
Mr. Morning questioned how the "Vehicle Numbering System" worked?
Mr. Manna stated the first two digits are indicative of the
Department to which the vehicle belongs and beyond that is an
arbitrary assignment of numbers. Mr. Morning questioned if the
same number was assigned to a new vehicle? Mr. Manna stated the
intent is to not use the same number immediately, however, they
will be reused later one, leaving a 3-year vacancy so old
maintenance records will pass out of the computer.
Mr. Overson questioned why the "Van" that was added to the list was
not classified under the Police Department's number? Mr. Manna
stated when the van was originally purchased Animal Control was not
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part of the Police Department. Mr. Overson questioned how the City
stood on the standard for vehicles? Mr. Manna stated the only
standard he was familiar with was the Council directive relating to
the number of vehicles in the Police Department. To that end,
there will be no change in the total vehicle count. The Police
vehicles that are being eliminated at this point will be replaced
later this month as the new Chevrolet patrol vehicles are
delivered.
Mr. Colvin questioned if a citizens within the community was
interested in the sale of these vehicles, how do they learn of
their availability? Mr. Manna stated the most convenient way would
be the "public" declaration of surplus in the form of a City
Council meeting. Typically, the vehicles that have been surplused
are not of sufficient value to incur expenses for marketing.
#1290
M/S/C/U(Dawkins/Colvin) to declare Vehicles Nos. 1056, 1833,
1834, 1905, 1846, 1411, 1417, 1418, 1436, 3034, 3010, 3012 and 3021
surplus to City needs and to direct that they be disposed of in the
best interest of the City.
6C - BUDGET ADJUSTMENT REOUEST RELATING TO THE TELEPHONE SYSTEM
UPGRADE, #AB91-154
Staff research conducted after approval of Budget Adjustment No.
90-1 has disclosed problems which were not known at that time. As
a result, an additional appropriation of $10,000 is requested to
complete the telephone system upgrade.
Rich Hanna, City Treasurer, pointed out a memo from Allen Jacobs,
Electronics Division, included in the Agenda packet detailed the
problems discovered based on their additional analysis.
Police Chief De1 McNeal stated when the phone system was originally
discussed, the City was advised by the Phone Company sales
representative that a voice mail box would do everything a
dictating system would do. However, as this was analyzed they
found that a voice mailbox was like "dropping something in a hole
and how ever it is taken out of that hole is how you get it". The
dictating system offers the opportunity to provide input and then
how it is extracted is determined by the user. When discussing the
two types of systems, it was determined that only under the
dictating system supervisors could go into the system and
reprioritize reports if needed. Considering the information that
came out of the analysis, they requested additional information on
the two systems and determined which would provide the best service
to the department.
Public comment - none.
Mr. Overson explained Council's Fiscal and Budget Committee had
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reviewed this item and Option #1 would provide the City itself
with the phone message system. Therefore, it is up to Council to
determined if it would be worth the increased costs.
President Morton questioned if Option #2 was selected was it known
how difficult it would be to upgrade it to Option #17 During
discussion of this item at the pre-Council Study Session the need
for the dictation system was stressed, however, no one was quite
sure whether or not the voice mail program was really required at
this time. Chief McNeal explained the voice mail program could be
added to the City's phone system at any time. But, the advantage
of putting it all together as a package would result in a better
price for that upgrade.
Mr. Johnson questioned if there was any discussion during the
Fiscal and Budget Committee regarding the number of relative minor
Budget Adjustments coming through for amounts like $10,000, yet
there are significant number of positions that have been fully
funded and authorized from January 1, and only some are just coming
on now board now. He questioned why couldn't the Mayor reallocate
that money within the Administration and not be asking for changes
to Ending Cash? Mr. Overson stated it was his understanding that
was what was being done. Mr. Manna stated that was correct, in
this particular instance the request identifies using the Capital
Reserve Funds of General Fund monies. Mr. Johnson's question of
availability of General Fund money based on the different positions
does provide another source of funding that could be utilized.
Even if those unfilled position funding source was used, it would
still require Council approval due to the current Budget Control
Ordinance does not allow the Mayor or himself sufficient latitude
to do that without Council approval. Mr. Overson stated the intent
is that at the end of June to review the City's income and expenses
for 1991 - to identify funds that would be potential for inclusion
in the Capital Reserve as results of flexes in the budget. Mr.
Johnson stated he was concerned with the proper management of those
unfilled position funds and did not want to see them disappear by
the end of the year. Mr. Manna stated this proposal was
continuation of the very first budget adjustment proposed in the
1991 budget.
Mr. Collins questioned what was "voice mail" and why it was needed?
Chief McNeal stated it was an answering machine that would allow
messages to go into the system by manipulating the phone keys. The
importance of this system to the Police Department are as follows:
(1) Crime Stoppers program is starting and utilizes the system of
people calling in and leaving tips for the Police Department. With
the voice mail program people could be directed to specific
interest areas to deposit their information. This could not be
accomplished through the basic phone recording answering machine.
(2) This program would also be available 24-hours per day and not
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be limited to the 8-9 hours that someone is actually answering the
phone. Mr. Collins questioned if voice mail was needed throughout
the City? Mayor Mentor explained there were a number of another
uses for such a system, for example the Parks Department where
specific information on a variety of activities could be programmed
and provided to the public without the involvement of an employee.
If that caller desired to speak to an employee, then the system
could be programmed for them to do that. Mr. Johnson explained how
such a system would assist the Council office in spreading messages
out to individual Council members. Chief McNeal pointed out that
access to such messages could be generated from home phones.
Mr. Morning stated he supported the intent to review the 1991
budget and refill the capital expenditures.
Mr. Overson stated he was concerned over a statement listed in
Option #1: "This oDtion will add a small voice mail system to this
new phone system. The voice mail system can be expanded in the
future, as the City's voice mail requirements increase." This
being a small system, which states to him that it is not a full
system it will not meet all the requirements of the City's voice
mail requirements. He questioned what does it cover and what does
it not cover? Mr. Homing pointed out that Option #1 was the best
of the two options presented. He was sure that Allen Jacobs could
pursue that question and provide a response. Mr. Overson
questioned if anyone knew how long it would take to get this system
up and running? Chief McNeal stated he could not say how quickly
Electronics could get their system ready, however, Dictaphone was
the low bidder on their equipment and it would not take long for
them to set up the Police Department's portion of the system.
President Morton noted the Chief stated the $70,000 was a packaged
bid price.
Mr. Waibel stated it was not known whether expansion will cost any
more real dollars or just Electronic personnel time. He desired
quick answer to the questions raised as to who wouldbe on the
system and when, if approved.
#1815
M/S/C/U(Horning/Collins) to approve Budget Adjustment No. 91-1a
(Option #1).
President Morton noted since this system seems to have had
difficulty in making it from where we were in November to where we
are at this point, she wanted both the Mayor and City Treasurer to
review the policy on how in-depth the Departments go into a capital
item they would like to present for the budget. Obviously, there
are a lot of questions on this issue that need to be answered and
this may be an isolated case, however, if not then she would like
to get better direction to the Department Heads what to look for
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when going into capital issues. Chief McNeal stated initially they
had looked only into a dictating system and then voice mail came
into the discussion and it was felt that Council needed to be
brought back into the decision making process.
6D - BUDGET ADJUSTMENT REOUEST FOR PURCHASE OF THE FOURTH STREET
BUILDING, #AB91-155
Council approved acquisition of the Fourth Street Building at the
May 15th meeting. The budget adjustment proposed will provide
expenditure authority for the transaction. The source of funds
will be $100,000 from General Reserve and $700,000 from financing.
Money will be expended for purchase, renovation and remodeling as
presented in the financing plan.
Public comment - none.
Mr. Johnson questioned if the financing plan and the amount of the
bond would be of sufficient amount to reimburse the General Fund
expenditures made in the interim time and if not could it be? Rich
Hanna, City Treasurer, stated he did not anticipated having the
financing in place at the time of closing on the purchase of the
building. The purchase price was only $475,000 out of the total of
$800,000 for the entire project. In the interim, between the time
of closing and the time the actual financing will be arranged, they
will be using General Fund surplus cash. It is not his intention
to pay interest to the General Fund from this project, the reason
being that it is the General government nature of the intended use
of the building and is an appropriate cost of the General Fund.
Mr. Johnson felt that General Fund monies were difficult to come by
and there are funds set aside for just "capital" uses and this is
a capital type project. Mr. Hanna stated in the immediate context
the only funds they actually expect to expend prior to financing is
the purchase price of the building. He felt the Mayor would be
directing staff to call for bids and drafting up a scope of work,
but not expending a significant portion of the funds until
financing is already in place. Mr. Johnson stated he desired to
have the bonding be large enough to cover the reimbursement of
those General Fund monies. Mr. Hanna stated that was his
intention.
Mr. Estes expressed concern over an item on the Financial Analysis:
"Apply Permit Center Payment & Utilities $25,000, annually". He
felt this would not be done the first or second year and that it
should be deleted. Early on in discussion over this item, it was
his and other Council members' understanding that the Permit Center
would remain at its current location, however, at the pre-Council
meeting they were informed this was not true. Mr. Hanna stated he
recalled the discussion took place in the Study Session where they
were discussing the financial solution and how the annual cash flow
would work. It was the intention that the Permit Center would stay
#2451
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in City ownership but the Planning and Engineering Departments
would not remain there as tenants. If it is Council's intention
that those two departments remain in the Permit Center and not be
relocated to the 4th Street Building, then Mr. Estes' comments are
correct. But, it was his and the Mayor's understanding that those
two departments would be relocated from the Permit Center into the
4th Street Building. And, the Water Utility, who is the owner of
the Permit Center building, would Seek other tenants. General Fund
monies currently being expended in payment to the Water Utility
would be redirected to the new building. Mr. Estes stated that
was not his understanding. Mr. Colvin felt the City would save
money by putting money back into the 4th Street Building rather
than paying the Utility. Mr. Manna stated that was correct and
they were illustrating that in the Financial Analysis. By deleting
the stream of payments currently dedicated to paying off the debt
owned to the Water Utility for the Permit Center and reallocating
those funds to reducing the debt incurred for the purchase,
renovation and remodeling of the 4th Street Building, they would
become one of the funding sources for meeting those requirements in
future years.
Mr. Morning questioned what is the monthly payment currently being
made to the Water Utility? Mr. Hanna stated there is a 20-year
amortization schedule and the amount is approximately $22,000. Mr.
Morning pointed out only $3,000 of that amount could be identified
as cost of utilities. Mr. Hanna stated that was correct. Mr.
Homing stated he heard the discussion the same as Mr. Estes. He
still supported the idea that free enterprise would have been a
better purchaser of this building but he is being reassured that in
the long-term the purchase would be appropriate. He was not in
favor of moving the Permit Center to the 4th Street Building.
Mr. Overson stated he felt the City would lose money on the Permit
Center...maybe a good idea at the time. He was not convinced that
this proposal is in the best interest of the City' capital long-
term and was concerned that what is happening is someone's
opportunity to come up with reasons to use it and they may be
incorrect.
Mr. Collins pointed out on May 15, 1991, Council gave its approval
for the Mayor to pursue purchase of this building, now he is
hearing comments that some may have second thoughts. He urged
Council to carry through what they started.
Mr. Dawkins stated when the Permit Center was started not much was
happening in the downtown area and maybe it was the catalyst for
other things happening in this area.
M/S/C(Dawkins/Colvin) to approve Budget Adjustment No., 91-10 for
acquisition of the Fourth Street Building.
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Vote: In Favor:
Opposed:
Dawkins, Colvin, Johnson, Waibel, Collins
Overson, Estes, Horning, Horton
6E - PROFESSIONAL SERVICES CONTRACT HDR ENGINEERING, INC./UPDATE
UTILITY'S WATER SYSTEM COMP PLAN, #AB91-156
The Utility, pursuant to Chapter 248-54, WAC, Public Water
Supplies, has a requirement to revise and update its Water System
Plan. The Utility's Water System Plan was last updated in 1982.
WAC 248-54-065 requires the plan be updated every five years.
Updating of the Utility's plan has been delayed pending
promulgation of the State Safe Drinking Water Act rules and
regulations.
When completed, the Water System Plan will provide guidance for the
Utility in meeting the requirements of the Safe Drinking Water Act
for unfiltered surface supplies and will outline a capital
improvement program for the Utility to replace agreed
infrastructure and add facilities to meet additional growth the
Utility is experiencing.
Attached for City Council's consideration is a professional
services contract with HDR Engineering, Inc., for providing
engineering services to update the Utility's Water System Plan.
The estimated cost of these services is $157,000.
Bill Duffy, Utility Director, acknowledged that Councilman Dawkins
was one of the original participants in the wastewater project.
This proposal is a requirement of the State and it will actually be
a complete rewrite of the City's plan that will incorporate many of
these new regulations to include surface water treatment rules,
conservation activities, cross connection, etc. With regard to a
comments during the Study Session, he did looked at the critical
path and it appears it is a generic software program.
Public comment - none.
Mr. Johnson stated he wanted to make sure in the scope of services
that the following concerns, of a policy nature, are addressed: (1)
will it provide sufficient information to properly define our
current and maximum or preferred service areas in the future. This
is something the City, working cooperative with the County, needs
to identify for both wastewater and fresh water to determine the
urban growth area; (2) he heard there are significant benefits to
a diversion of the Gorst Creek to protect it in the future and have
it available as an emergency or back up water supply; (3) whether
or not there is substantiation for the City's surface water claims
in the Olympics and the Hamma that will help in our discussions
with the State; (4) justification to avoid implementation of a
drinking water filtration plant. Mr. Duffy stated the majority of
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those issues are being addressed in the preamble of the contract.
They have had discussion with regard to SHB 2929 regarding urban
growth and they need to incorporate those elements into the plan,
which has to do with service areas and service to those urban
growth areas. In regard to the Gorst Creek supply, this was a
supply the City formerly used, however, due to water quality
problems it was discontinued in recent years, except in an
emergency situation. He is counting on using that source in the
future. Regarding surface water in the Olympics, that issue will
not be addressed in this plan, however, some of the State-wide
water studies will address it along with allocation of water.
Water treatment plant - this issue is being worked on right now, a
contract was awarded several months ago with regard to taking a
look at the McKenna Falls .facilities. Council did adopt a
Resolution supporting the intent to remain unfiltered and he has
moved along with several studies and planning that will come back
to Council in several months for review.
Mr. Overson questioned if other Water Districts around the area are
being required to do the same thing? Mr. Duffy stated yes, all
public water systems, based on their size, are required to put
together either a Comprehensive Plan or Engineering Report. The
Department Of Health must approve the scope of work and the
finalized plan before implementation. Mr. Overson questioned if
there was anything in this plan that would insure the City's plan
coordinates and/is compatible with the other Districts' plans? Mr.
Duffy explained the plan is presented to all public agencies as
well as the City Council for a formal review process. Other Water
District plans have been presented through the Kitsap County
Water/Sewer Technical Review Committee, which he serves as a
member, and he does have copies of other plans. He will
incorporate that information into the City's plan. The "growth
areas" will be the most difficult to deal with in this plan. Mr.
Johnson questioned if the CAD systems were compatible throughout
the jurisdictions in Kitsap County? Mr. DuffV stated some are,
particularly those adjoining the City's water system. The City
tries to construct its infrastructure so that it is compatible
along with inner ties for emergencies. He explained the County was
not in the Water System business, however the PUD is.
Mr. Overson pointed out the draft plan was due December 1991
through February 1992 and questioned if Council would have the
opportunity to review the draft? Mr. Duffy stated yes, he
anticipates putting together a Study Session this fall to get input
from Council.
Mr. Colvin questioned if there was a penalty for not reviewing the
plan every five years? Mr. Duffy stated the City did petition the
State of Washington when the first 'due date expired and the City
received a waiver based on the County-Wide Ground Water Plan being
#2947
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City Council Reg. Mtg. Minutes
June 12, 1991
Page 13 of 15
developed as well as the Safe Drinking Water Act. The State was
not sure where it was going and at that time it would have been a
waste of the City's and State's time to develop a plan only to see
it changed in six months to a year.
Mr. Morning stated he felt the proposal was an excessive amount of
money but typifies the State's perspective on how local government,
including Water Utilities, spend our money. However, the City is
obligated to proceed.
M/S/C/U(Horning/Estes) to approve award of the contract for
professional services to update the Utility's Water System
Comprehensive Plan to HDR Engineering, Inc., in the amount of
$157,000 plus tax, and authorize the Mayor to execute said contract
subject to City Administrative Polices and Procedures.
7A - ORDINANCE (FIRST READING) PROPOSED AMENDMENT OF BMC 7.04 AND
7.08 REGARDING ANIMALS AT LARGE AND DETAINING OF DANGEROUS DOGS
PENDING HEARING, #AB91-157
Amends BMC 7.04.200 to change definition of "at large" to be
consistent with 7.08.100(a) "Animals at Large". Adds a section to
7.08.200 to allow City to detain a dog declared dangerous until the
outcome of any appeal is decided.
Jim McNamara, Assistant City Attorney, stated there is currently an
inconsistency in the City's Animal Control Ordinance. The current
definition of animal "at large" includes the language" .... whether
by leash or otherwise", which presents a problem when the ordinance
also requires that animals be restrained by leash. The proposed
change would delete the words" .... or otherwise" and add the word
"physically" under Section l(c). Under Section 3, there is a
procedure for when a dog is declared dangerous the City Animal
Control Officer is given authority to impound such a dog pending
hearing and pending the owner demonstration of implementing
measures that are required if the dog is declared dangerous and the
Hearings Examiner upholds that finding. In the past, there have
been three dogs that were declared dangerous and either they lost
their appeal or didn't appeal and the dogs have disappeared. The
intent of the proposed change under this section would enable to
the City to know where such animals were being held until the issue
could be resolved through the appeals process.
Public comment - none.
Mr. Homing questioned if an animal is on private property without
a leash is that "at large"? Mr. McNamara stated no, he also added
a provision that if one's dog is in their neighbor's yard and there
with the neighbor's permission, it is not at large. Now, it
stipulates "on public property or private property without the
private property owner's permission". Mr. Homing questioned if
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City Council Reg. Mtg. Minutes
June 12, 1991
Page 14 of 15
this would then require that cats be leashed? Mr. McNamara stated
there has been exception made under the provision for "animal at
large", for cats and trained birds.
Mr. Estes questioned if the planting strip in front of a residence
is considered part of the owner's "yard" or is it public property?
Mr. McNamara stated he would have to examine the property plat to
see whether it was included as part of the owner's property. If it
is public property, then the animal cannot be allowed to roam
freely and is required to be on leash. Mr. Estes felt if the owner
maintained the planting strip then it should be considered part of
the "yard". Mr. McNamara stated dogs should not be in a location
where they could harass pedestrians.
Mr. Dawkins stated people use Evergreen Park as a dog run and he
questioned if the ordinance, as amended, would help alleviate the
problem of dogs using the park as a public restroom? Mr. Mc~amara
stated the animals will be required to be on a leash and there are
restrictions under the City's Public Health Ordinance to address
that problem.
Mr. Johnson expressed concern that someone could bring their dog,
which was on a leash, into his yard and he was not pleased with
that situation. Mr. McNamara stated Mr. Johnson might have some
basis for a trespass issue, however, the intent is if the Animal
Control officers see an animal running at large they will be able
to cite the owner. Mr. Johnson questioned if a dog is running
loose, how do you report that so that someone can respond quickly?
Mr. McNamara stated you can report it and it then becomes a matter
of proof by the person making the report. What they have done in
the past, is the complainant testifies in court that they
recognized a specific dog and they know who it's owner is. The
Animal Control Officer can also testify that they are familiar with
that dog and other dogs in that area. Mr. Johnson pointed out
someone could also take a picture of an offending animal and use
that as evidence.
#3280
M/S/C/U(Overson/Collins) to approve Ordinance, on first reading,
amending Bremerton Municipal Code Chapters 7.04 and 7.08.
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Page 15 of 15
With no further business meeting adjourned at 7:15 p.m.
APPROVED
LY~~HOR~O~ ,~
Council President
City of Bremerton
KLM/LH/me
cc: Normal Distribution
File/Vault
RICH HANNA, ACTING CITY CLERK