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HomeMy WebLinkAbout11/06/91TAPE #968 UNAPPROVED DRAF~ 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 TAPE #968 City Council Reg. Mtg. Minutes November 6, 1991 Page 2 of 11 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 TAPE #968 City Council Reg. Mtg. Minutes November 6, 1991 Page 3 of 11 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. TAPE #968 City Council Reg. Mtg. Minutes November 6, 1991 Page 4 of ll 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 TAPE #968 City Council Reg. Mtg. Minutes November 6, 1991 Page 5 of 11 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 TAPE #968 City Council Reg. Mtg. Minutes November 6, 1991 Page 6 of 11 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 TAPE #968 City Council Reg. Mtg. Minutes November 6, 1991 Page 7 of 11 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 TAPE #968 City Council Reg. Mtg. Minutes November 6, 1991 Page 8 of 11 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 TAPE #968 City Council Reg. Mtg. Minutes November 6, 1991 Page 9 of 11 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 #2047 #2146 TAPE #968 City Council Reg. Mtg. Minutes November 6, 1991 Page 10 of 11 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 TAPE #968 City Council Reg. Mtg. Minutes November 6, 1991 Page 11 of 11 LyN~~HORTON/,'~ Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault