HomeMy WebLinkAbout11/06/91TAPE #968
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NOV t o
CITY COUNCIL MEETING MINUTES
#0044
#0064
NOVEMBER 6, 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, November 6,
1991, at 5:30 p.m., with Council President Lynn Horton
presiding. Council members present: Wayne Estes, Spencer
Horning, Hank Waibel, C. R. "Tiny"Collins, Morrie Dawkins, A1
Colvin and Russ Johnson. Councilman Lon Overson was absent.
Also present were City Attorney Ian Sievers and City Clerk
Kathleen L. McCluskey.
The meeting opened with the Pledge of Allegiance led by
Council President Lynn Horton and Invocation given by Reverend
Rodney Smith of the First Christian Church.
President Horton announced Item 8A - Heeter Rezone, had been
pulled off the Agenda for two weeks will return in the form of
an Ordinance.
CONSENT AGENDA
A. Minutes of Meeting - October 16, 1991, #AB91-278
Bid Award Recommendation - Fire Hose, Awarded To
Wajax-Pacific Fire Equipment Inc., In The Amount Of
$29,351.40
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/Waibel) on November 6, 1991, the Council does
approve for payment those vouchers included and further
described as follows: 138801, 138802, 139222 through 139338,
and 139340 in the total amount of $456,837.02.
COUNCIL MEMBER REPORTS
Mr. Estes stated he hoped Hazel Colvin was watching the
Council meeting and noted his new attire, a suit, in
recognition of Council's action to pass a new Housing Code
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Ordinance. He provided some historical background information
on the use of "suits" for men starting in 1835 in France and
England. And, about 102 years ago the necktie came into being
in England. A week ago Joe Murphy came to Council and stated
he tried to attend the monthly meetings of Kitsap Mental
Health Services but was not allowed to observe due to its
being a closed session. On Tuesday, November 5, Mr. Estes
accompanied Mr. Murphy to such a meeting, arriving at 5:30
P.M.. At that time, the Board was in Executive Session and
announced they would open their meeting at 7:30 P.M.. Mr.
Estes stayed there until 6:50 P.M., and felt the situation was
ridiculous and plans to go to the County Commissioners and ask
why Kitsap Mental Health does not have open meetings since
they are operated on tax funding. And, if they come before
Council requesting funding they have some questions to answer
on this issue. He congratulated everyone who voted, everyone
who participated on ballot issues and every candidate. He
noted the Council/Manager group plans to reorganize and try
again next year.
Mr. Morning congratulated all the candidates who won and for
those whose race was still to be determined in the Absentee
Ballot count. He extended a very special congratulations to
Eileen Fitz on her election to Council District #8, as of
January 1, 1992. Today he attended the Kitsap Executive
Planning Council meeting where he learned that Kitsap Transit
will sponsor a program, between December 2 through December
21, whereby anyone may ride Kitsap Transit for a canned food
donation. He encouraged everyone to participate in this event
because it is a worthy cause and truly needed. The third
annual Youth At Risk Legislative Conference will be held
November 21, 9:00 - 11:30 AM, at Silverdale United Methodist
Church. He encouraged anyone interested in this issue to
please plan to attend. The Bremerton/Kitsap Board Of Health
adopted comments on the Dyes Inlet/Clear Creek Watershed. He
noted there are a lot of on-site sewage disposal questions and
issues that are being taken up...toxic waste, litter, etc. He
encouraged people to become apart of these issues and help
improve our County.
Mr. Waibel congratulated the candidates on their being elected
and noted past Council member Marty Crutcher won his District
election by one vote.
Mr. Johnson echoed everyone's comments on the election on
Tuesday, and as usual he felt the voters gave the ballot
issues thought before casting their vote. In reference to the
recent Audit Report of the City's Municipal Court and news
article in The Sun, he thought the people who conducted the
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audit, State Administrator of Courts, did some disservice to
Bremerton in the fact when they conducted the audit they only
talked with people within the Court office. That fact may be
why there is some confusion in their audit. When reading the
audit closely, what is found is that the Mayor and City
Council, the Judge and Director of Administration portion of
the Court agree on about 90% of the findings. The news
article in The Sun did not reflect such a finding and he
attributes that to comments made in the last part of the
audit, which talks about the "foremost problem facing the
Court is the independence of the Court by the City Executive
and Legislative branches". Mr. Johnson stressed there has
never been an argument over the independence of the judicial
function of the Court. There has been discussion about
handling of money, funds, and paper work of the Court and how
it should be handled. He pointed out several items in the
Audit: a new computer system implemented in 1988 (Council
pushed for and supported this request); video arraignment
(Council supported this even in the face of limited fund
resources); home detention system (Council supported this
proposal); Court facilities ( the Mayor and Council have
funded expansion and refurbishment of Court offices). He
noted he wished more could be done to enhance facilities for
not only the Court but for every department, however, he would
not vote for an "executive washroom" for the Judge when the
City is facing a tight budget, which may have to reduce the
numbers of public safety officers. He pointed out the Court
was the second department on the 2nd floor of City Hall to
receive air-conditioning, which provided a more comfortable
environment for the Court staff, jurors and public in the
functioning of the Court room. As far as the facilities
issue, he stressed there is not one but there may be an
argument about "how fast" and "how much" is done. The report
also pointed out that during the period of 1986 to 1990 the
actual workload of the Court had decreased about across the
board. And, it stated the Court was operating fairly
efficiently with adequate staff, but that their backlog was
increasing. He noted if the workload was being reduced and
they had adequate staff but backlog was increasing, then
something needs improvement. That is exactly what the Council
and the Mayor has been looking for and will continue to try
and figure out how that improvement can be accomplished. The
issue of "improvement" has nothing to do with the separation
of Judicial and Legislative powers in the City. Had the
people conducting the Audit talked with Council and the Mayor,
they would have found out there is not a "war" going on with
the three branches of government. There are some
disagreements or maybe some questions that need to be answered
as to how can we make our system more efficient.
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Mr. Colvin stated he agreed with one item in the Court Audit
and that related to "smoking allowed" in the Jury Room", which
needed to be corrected. Mr. Johnson pointed out the room
being used as a "Jury Room" isactually the "Cloak Room" of
the Council Chambers. Mr. Oolvin felt the Court Audit was
not complete in that they had not contacted the Council or
Mayor for comment. He congratulated all who participated in
the election processes and also in the effort to change the
City's government. However, the vote to retain the present
City government is a vote of confidence for our Mayor more
than just a vote against changing the form of government. He
agrees with Mr. Estes that there are some things wrong with
the current City Charter and would like to participate with a
group to review the Charter and bring recommendations to
Council for changing that document. Many citizens had
commented to him their appreciation of Mayor Mentor's program
for submitting comments on the back of their water bill. In
response to the Mayor's desire to route complaints through his
office, Mr. Colvin will continue directing citizens concerns
directly to him.
As a special part of Mr. Colvin's report, he introduced Kathi
Smith, Chairman of the Board of Harrison Hospital. Ms. Smith
stated on behalf of the Hospital Board of Directors she
appreciated this opportunity to come before Council. She
noted Harrison Hospital has and always will have a very strong
and vital role in this community. It is their desire to bring
the community quality health care. Their mission states: "the
Hospital's Board Of Directors, employees and medical staff are
dedicated to continuously improving the quality of service.
Our goal is to provide an experience of caring and quality in
value for each person served". In keeping with their mission
they are very pleased to have an individual with those
qualities and experience as their new President and CEO of
Harrison Hospital, David Gitch. David Girth expressed his
appreciation to Councilman Colvin for being invited to come
before Council. He looked forward to becoming better
acquainted with Council members and learning more about how
the City operates. He has received a warm welcome to this
community and he and his family are making an easy transition
to Bremerton. He joined Harrison at a time in which health
care is going through a lot of "ferment". Within the State
there is an effort underway to form health care, the way
health care is delivered and how it is financed. What they
are being told is that much must be done at the local level
and to what degree. He felt Harrison was blessed with a
geographic area and region that is served by Harrison, Kitsap
Peninsula and by the resources within the local community
defined within that region. The largest impact they can make
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and how they provide health care for our community is a degree
in which they can cooperate and work on common issues and
problems, be it financing or systems delivering that care. In
reference to the Board's mission, one of the things to look
for is addressing the purpose behind the mission. Even though
Harrison Hospital is an acute general care community hospital,
they have a broader mission that goes to the healthfulness of
our community at large and if we are going to address that in
order to maintain this community being a #1 or #2 community
within our State and region, then we need to foster the
partnership that needs to go on to make us a healthy
community.
Mr. Dawkins stated he was happy to see such a good voter
turnout.
Mr. Collins stated the "silly season" is officially over with
the conclusion of the election on Tuesday. He congratulated
those who garnered over 50% of the votes and to those with
less than 50% - his thanks; and a heartfelt "thank you" for
being in and participating. To all who worked on the
campaigns, the believers who supported the issues and
candidates, a heartfelt "well done". To the voters he
apologized for his short loss of confidence in their ability
to make good decisions. Yesterday the electorate voted on
some of the most complex issues that he had ever seen on the
ballot.
Mrs. Morton stated she had a very busy week and is happy it is
over and looks forward to getting on with things.
Mr. Morning stated last night in a radio interview he
committed a sin that every person makes when mentioning people
who you worked with .... he publicly stated that there is not an
elected official in this city that is not his friend.
PUBLIC RECOGNITION
Mayor Mentor thanked Mr. Gitch for being in Bremerton and
thought his visit was very timely considering recent news
articles about Harrison's expansion needs and plans. He found
the election results to be very gratifying. On November 2, he
attended a fund raiser for people in the Philippines, who were
affected by the volcano eruption. Funds were being channeled
as quickly as they were being raised in order to give some
relief to the devastating conditions people were having to
live in. He attended the Parks Department Halloween Party and
noted he did not see any Council members in attendance at that
event. Police Chief Del McNeal did attend that event. This
event was well attended and he thanked the Parks Department
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staff, United Way volunteers, and Lions Club members for their
part in making this event such a success. Following the
Halloween Party there was a Teenage Dance, which was also well
attended. In regard to his receiving complaints from
citizens, he does appreciate having the opportunity to respond
to those concerns as well as receiving compliments.
Gordy Byrd, 402 Chester #3, reported on an incident of a dog
nearly attacking him next door to 1420 Gregory Way (his
parents home). He stressed the importance of people keeping
their animals under control so that they do not become a
threat to citizens. He met with Debbie Goddell, Animal
Control Supervisor, who advised him of the process to make a
formal complaint. Mr. Byrd noted that this was not the first
time he had experienced a serious dog attack. He stopped by
the City Clerk's office and picked up copies of all ordinances
relating to Animal Control and hopes to become knowledgeable
of current City laws so that he can "nail" the owners of that
dog within legal means. President Hotton urged Mr. Byrd to
work with the Animal Control Supervisor and to notify Mayor
Mentor if he was not getting satisfaction to the problem.
Councilman Johnson left the Council Chambers at 6:15 P.M.
Joe Murphy, 11928 Central Valley Rd. NE, thanked Councilman
Estes for accompanying him to the Kitsap Mental Health
meeting. At that meeting, he was called at 7:26 P.M. to come
into their meeting at which time he requested a copy of their
meeting minutes and meeting agenda. He was told they were not
available to the public. He then requested copies of the
items discussed during the executive session - they denied his
request and then the Chairman of the meeting called for a
motion to adjourn the meeting, which they did at 7:29 P.M. He
raised question about an organization that serves the public
good, that develop group homes, spends tax dollars and yet
denies access of a person from the community to their
meetings. He assured Council and the Kitsap Mental Health
Board that he will continue attending those meetings until he
finds out what they are hiding. He invited each Council
member, as an elected official, to also attend those meetings.
Lastly, several days ago there was a picture in The Sun
showing a man riding a load of iron being lifted on a local
construction project. He pointed out the action of the man
riding the load of iron on a City project was breaking the law
due to itbeing illegal by State law and standards for over 16
years. Those who fought long and hard for OSHA and WISHA laws
to protect workers in this State should not let this act go
unchallenged. Any contractor, who is awarded a bid, has
signed a statement that they will comply with all State and
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Federal Safety laws.
investigated.
He will ask that the incident be
6A - EASEMENT AGREEMENT/PUGET POWER 3RD STREET AND UNION
AVENUE, #AB91-280
Attached for City Council's consideration is an Easement
Request by Puget Power for the installation of a power line
across Utility-managed property located west and east of 3rd
Street and south of Union Avenue and situated in Sections 21
and 28, Township 24 North, Range 1 East, W.M. The proposed
easement is necessary for the relocation and replacement of an
existing power line transiting the property.
Ian Sievers, City Attorney, speaking for Bill Duffy, Utilities
Director, stated the two easements noted on the legal
documents are a continuous easement across two separate
parcels of property. Using a map, Mr. Sievers explained the
proposal is to consolidate installation of two power lines
along one easement.
Public comment - None.
Mr. Waibel questioned if this was an above or below ground
easement? Mr. Sievers stated it would be a "below" ground
installation. Mr. Waibel noted whenever the City gives an
easement over a large section he would like to see the City
direct that they be underground when possible.
#1504
M/S/C/U(Waibel/Colvin) to approve the attached easement
agreement between the City of Bremerton and Puget Power and
authorize the Mayor to execute the same subject to City
Administrative Policies and Procedures.
7A - ORDINANCE (FIRST READING) LEVYING PROPERTY TAXES FOR
COLLECTION IN 1992, #AB91-281
State law requires that the City levy property taxes through
passage of an ordinance. The figures in the attached
ordinance are based on the preliminary assessment roll. They
will be adjusted upon acceptance of the final assessment roll
by the County.
Rich Hanna, City Treasurer, stated the preliminary numbers in
the ordinance levy property taxes up to what the State statute
commonly defines as the 106 Levy Lid and the affect of that
statute is to limit the revenue growth to the City from
property taxes to 6% per year, plus new construction.
Therefore, that is the basis on which these numbers were
calculated given the preliminary assessment roll received from
the County. The assessed value numbers will change some when
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the final assessment is given by the County later this year.
Public comment - none.
#1604
Mr. Waibel requested the amount of the previous year's
assessed valuation. Mr. Hanna stated the City's assessed
valuation for the current tax year was $855,000,000 and
represents a 12% growth over the prior year.
M/S/C/U(Waibel/Dawkins) to approve Ordinance, on first
reading, levying property taxes for 1992.
7B - RESOLUTION #2366, EXPANDING BOARD OF APPEAL8 MEMBERSHIP
FOR HOUSING CODE APPEALS, #AB91-282
The Council has passed on first reading the Bremerton Housing
Code, which utilizes an appeals board established in the
Uniform Building Code. Council desires to include housing
interests on the Board when housing issues are heard.
The Mayor nominates and the Council confirms Board of Appeals
Members.
Through this resolution, the Council directs the Mayor to
develop amendments to the Board of Appeals so that housing
issues will be heard by Board of Appeals which includes
representatives of the rental owner's interests, the non-
profit, low-income community and the residents of east and
west Bremerton.
David Nelson,.Building Official, stated this proposal is based
on discussions with the citizens advisory committee and their
desire to have representation on the AppealsBoard that would
give a fair hearing on an appeal. The current Appeals Board
membership is constituted through the Uniform Building Code.
The panel of members are deemed somewhat experts in the field
of building issues, such as attorneys, architects,
contractors, etc., so the expansion of the Appeals Board would
be to expand it to those people as listed who deal with rental
properties, low income housing and would be citizens from
within that group.
Public comment - none.
Mr. Collins stated he had some problems with this proposal in
that this would be the last time Council would see the
Resolution and will not know for sure if all the things
desired will be included. And, Council will not see the by-
laws of the Board of Appeals or the makeup of their charter.
One of the things he kept hearing throughout the proceedings
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on the Housing Code, was to have good input, lots of citizen
input...but here at the end where we are creating the "court
of last resort" for everyone to many loose ends need to be
wrapped up. Along with the Resolution, he would like to see
what this Board will be doing. Earlier the question was
raised "how long ago did this Board meet or judicate anything"
and the response was "about two years ago or possibly this
year". He would like something included in the Resolution
that stated Council would have the final say on their by-laws
make up the board.
Mr. Waibel pointed out any further members of that board would
be confirmed by Council. The Resolution itself states what
those parties will represent and the intent of the motion to
be made would ask that legislation be prepared and approved by
Council. Mr. Collins stressed that we there are six positions
on this particular Board that Council did not have a say on
their appointment. President Morton stated one of the things
that would have to be included in the motion would be a
comment to bring the Appeals Board up to current City policy.
Therefore, the terms and qualifications of those individuals
would be readdressed at that time. Mr. Collins questioned the
criteria used in appointing them in the first place. Don
Pratt, Director Of Community Development, stated the Appeals
Board that is in place now was formed about six years ago
prior to Council's action establishing new standards and
residential requirements. Those individuals were not
appointed for any specific term and he considered it his
charge to define the Board Of Appeals, to bring it in
conformance with current City policy and then brought to
Council for confirmation. In the meantime, if something
happens that requires hearing an appeal the current board
would hear that appeal. We do need an Appeals Board that is
representative of the housing community and some citizens.
Mr. Colvin questioned if those members currently on the
Appeals Board are residents of the City of Bremerton?
President Morton stated judging by some of the addresses
listed - no. Mr. Colvin questioned if new members on this
board would be required to be residents of the City?
President Morton stated yes, and noted the fact that several
of the current members had long tenure on the Board and may be
removed. Mr. Colvin questioned if their tenure will be
designated? President Morton stated she hoped something would
be included in the motion whereby the Appeals Board will be
brought up to current City policy.
Mr. Collins requested that someone show him, in the
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Resolution, where it states anything about non-profit low-
income community in residents of east and west Bremerton, or
how many from east or west Bremerton. Mr. Waibel pointed out
there would be representation for each of the four groups
named by at least one member.
M/S/C/U(Waibel/Dawkins) move that the City Council approve the
resolution as presented, directing the Mayor to prepare
legislation to bring the Appeals Board in line with current
City policy.
7C - ORDINANCE #4349 (SECOND READING) REPEALING BMC 17.16 AND
ADOPTING THE UNIFORM HOUSING CODE AS AMENDED, #AB91-273
The City's current housing code, BMC 17.16, requires only
voluntary compliance. The proposed ordinance adopts the
International Conference of Building Officials' 1988 edition
'of the Uniform Housing Code which mandates conformance with
housing codes and uses the enforcement/abatement process
currently utilized by the City for the enforcement of the
Uniform Building Code.
David Nelson, Building Official, stated at the time of first
reading of the ordinance there were a couple of editorial
comments made which would retitle the code as the "Bremerton
Housing Code" and refer to it as the "Housing Code" where
appropriate rather than "Uniform Housing Code". Ian Sievers,
City Attorney, stated in order to make the two sections
consistent he recommended changing the word "City" to
"Bremerton" in Section 17.16.010 - Title.
Public comment - none.
Mr. Estes stated this is a very good code and will attack some
of the slum landlords and problems in Bremerton. He
emphasized this ordinance is only good if it is enforced. He
noted Mayor Mentor promised to clean up Bremerton, now this
ordinance provides the tool for him to do just that.
M/S/C/U(Dawkins/Colvin) to pass ordinance #4349 on second
reading, repealing BMC 17.16 and adopting the Uniform Housing
Code, as amended.
With no further business meeting adjourned at 6:48 p.m.
KATHLEEN L. McCLUSKEY, City Clerk
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LyN~~HORTON/,'~
Council President
City of Bremerton
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