HomeMy WebLinkAbout08/02/89 TAPE ~570 UNAPPROVED DRAFT
CITY COUNCIL HEETING MINUTES
AUGUST 2, 1989
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 2, 1989 at 5:30 p.m., with
Council Vice President Hank Waibel. Council members present were
Lon Overson, Shirley Marty Crutcher, Lynn Horton, Morrie Dawkins,
C. R. "Tiny" Collins, A1 Colvin and Russ Johnson. Councilman
Spencer Horning was absent. Also present were City Attorney Ian
Sievers and City Clerk Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
Vice President Waibel and Invocation was given by a member of the
Kure, Japan Sister City Delegation.
Mayor Gene Lobe welcomed members of the City of Kure, Japan Sister
City Delegation, who are visiting the Bremerton area in
commemoration of the 20th anniversary of the Bremerton-Kure Sister
City Program. And, Lions Representative Fred Arima introduced The
Kure Delegation leader and the Mayor of Kure's Secretary who in
turn extended greetings from the City of Kure and presented the
City Council with a gift (chiming office clock) and a book "History
Of Kure". Actinq President Hank Waibel thanked the Japanese
Delegation for the beautiful gift and welcomed them to the City of
Bremerton.
CONSENT AGENDA
A. Minutes Of Meeting - July 19, 1989, #AB89-209
##0289 M/S/C/U(Dawkins/Colvin) to approve Minutes of July 19, 1989 City
Council Meeting.
2B - SR3/304 WATERLINE RESOCATION BID AWARD, ~AB89-210
Bids have been received for the subject project. The lowest bid
was $154,740.16 submitted by Pape and Sons. A total of six bids
were submitted.
Mr. Johnson stated it appeared form documentation presented that
the City has to relocate the waterline and questioned if this meant
pipes, etc. Jan Stemkowski, Assistant City Engineer, stated yes,
the transmission main will be relocated from the far side of
Highway 3 over to the south side of Highway 3. Mr. Johnson
questioned what was the total cost of this project so far? Mr.
Stemkowski stated this contract covers the labor for the project
and Council had previously approved a contract for all materials
for the project. He was not sure what the total amount of the two
contracts add. up to.
Mr. Colvin noted it was his understanding this project was mandated
by the State and questioned who has to pay for it? Mr. Stemkowski
stated yes, the City does not have a choice and if the waterline
was not moved they could not proceed with their project and the
City must fund the project.
%0381 M/S/C/U(Johnson/Colvin) to authorize the award and execution of the
contract to Pape and Sons.
2C - CONTRACT AMENDMENT ~1 TO CONTRACT 3029, ~AB89-211
The Washington State Department Of Transportation is funding the
overlay of Warren Avenue from Sixth Street to Sheridan Road
(excluding the bridge), Washington Avenue from Burweil to the
Manette Bridge, and Wheaton Way from the Manette Bridge to Sheridan
Road. The Engineering Division will be administering this work
under Contract #3029. Contract #3029 does not include a price for
three (3) items of work that will be needed to complete the
project. This contract amendment would add these three items to
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the original contract. The three items are crack sealing, traffic
control and asphalt patching.
Russ Johnson questioned if an overlay is being done why is it
necessary to do crack sealing, traffic control and asphalt
patching. Jan Stemkowski, Assistant City Engineer, stated the
crack sealing and asphalt patching is for repair work along old
Wheaton Way - some areas have sunk and the base needs to be dug out
before the overlay is put down. The amount of money designated for
traffic control is the amount of money the State had in their
agreement for the total project and that figure was included in the
amendment. During discussions with the contractor on traffic
control he estimated the cost at approximately $10,000. This would
include flaggers during construction, cones, signs and barricades.
#0472 M/S/C/U(Crutcher/Horton) to approve Amendment #1 to Contract 3029.
C~AIMS/WARKANT 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 which
has been made available to the council.
#0487 iM/S/C/U(Colvin/Dawkins) on August 2 1989, the Council does approve
for payment those vouchers included and further described as
follows: 44779, 44780, 44781, 44783, 44789 through 44897 in the
total amount of $246,891.55 and Retiree Payroll in the total amount
of $61,261.37.
COUNCIL MEMBER REPORTS
Mr. Crutcher stated after talking with a number of people in the
community, he felt the Police Department needs to increase the
number of Patrol Officers and that the City Council should support
the Police Department in their efforts to control crime in the
City.
Mrs. Horton announced Scalawag Waterfront Fair will be held August
12 and 13, kicking off with a Fun Run (1 & 3 miles), Children's
Parade and Sailboat Regatta. Throughout the weekend the Dunking
Booth will be operating and they are still taking volunteers for
the booth. Anyone interested in participating may contact Ellie
Overson or herself. The reason the event was moved to Evergreen
Park was due to the previous site being torn up for construction
of a new pump station. Also, Scalawag organizers are selling
buttons and tee shirts and she encouraged everyone to purchase
these items which will help support the event.
Mr. Johnson stated in regard to the Roosevelt Field issue there are
a number of unresolved issues involved in the sports .complex/OC
parking/Roosevelt Field. He believes the issues have to'separated
out and each area addressed in its own way. And, no matter what
decision, the City needs to find out what the fallout will be from
that decision, can it be sustained or not. He feels strongly the
media needs to be informed of what the City staff has found through
researching City documents and case law, thereby keeping the public
informed.
Mr. Colvin noted the Roosevelt Field issue has been a trying issue
and the Council needs to make the right decision when the time
comes for a decision. He too supports increased presence of Police
Officers in the downtown area even if it is just a drive-through.
He invited everyone to attend Scalawag Fair, to be held August 12
and 13 and also the Bremerton Central Lions Club Stampede Pancake
Feed on August 12.
Mr. Dawkins stated he believed the Police Department is doing a
fine job and as a business owner in the downtown area he finds
their presence very noticeable.
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Mr. Collins noted he believed Chief McNeal was doing the job he was
hired to do and finding necessary resources he needs to do that job
is up to the City Council to provide. He held a Block Party in his
neighborhood which was a wonderful and enjoyable event. At the
party he met two Japanese students, visiting through a school
exchange program, and they learned a little about the community and
he was very impressed with the way people with common interest came
together and had fun.
Mr. Waibel thanked Mr. Duffy for recent improvements at the
reservoir located in his district. Mr. Waibel read a press release
into the record that the City of Bremerton along with Historical
Ships Association submitted a grant to the Central Puget Sound
Economic Development District requesting $347,000. The Historical
Ships Association has been successful in their efforts to have the
USS Turner Joy made available by the Secretary Of Navy to their
organization. The plan is to dock the USS Turner Joy off the
Bremerton waterfront for public viewing. The grant proposal
submitted requests the assistance in construction of a pier and
walkway which will tie into the City's proposed boardwalk and
extend out to the destroyer. The project has been ranked as #1 in
the Economic District's 1990 overall Economic Development Program.
Mr. Waibel made a special introduction - his parents Mr. & Mrs.
Waibel, who are visiting from Texas.
PUBLIC RECOGNITION
Wayne Estes, 1604 Gregory Way, made the suggestion that the City
might consider the exchange of a very valuable piece of property
in the downtown area currently owned by the Bremer Trust in trade
for City property which the College desires to own. Also, he urged
the City Council to enact ordinances on Cruising and Loitering,
which would provide the Police the tool to control the impact on
the downtown area.
6A - SAFETY INCENTIVE PROGRAM AWARDS, ~AB89-204
In October, 1988, Mayor Lobe established a Safety Incentive Program
designed to encourage safe practices, promote safety awareness, and
recognize employees who demonstrate safe working habits. Several
employees to be recognized under this program will be presented
with certificates and pins.
Pe~¥ Lesser, Risk Manger, stated periodically the City takes time
to recognize employees for their efforts and successes in making
the City of Bremerton a safer place to work and live. Ms. Lesser
introduced Officer Tom Pratt, Police Department, Terry Grocott,
Facilities Division and Chris Motner, Utilities, and their
respective Department Heads - Chief Del McNeal, Kathleen McCluskey
and Bill Duffy. Each Department Head presented a certificate and
pin to the honored employee and noted their contributions toward
improved safety within the City. Chief McNeal provided an added
comment when presenting Officer Pratt's award noting that Officer
Pratt, on his own time, reviewed a "high accident area" on the Old
Belfair Highway and made recommendations to improve traffic flow
which resulted in a greatly reduced accident rate for that area.
Officer Pratt noted all the preparatory work provided for the
traffic improvement was undertaken by Bud Wallace of the
Engineering Department. Ms. Lesser announced Polly Orr,
Engineering Department and Tom Carter, Block Grant, also received
awards but were unable to attend the Council meeting to personally
receive their awards.
6B - REQUEST FOR FUNDS - USS TURNER JOY, ~AB89-198
There is a significant need for a visitor attraction in the City
of Bremerton. The waterfront is the logical place for a visitor
attraction. The USS Turner Joy will fill this need and will serve
as a naval heritage center, convention service center and visitor
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information center. Council is requested to provide funds from the
Hotel-Motel Tax set-aside fund for a services contract with
Bremerton Historic Ships Association. Ail materials produced will
promote the City of Bremerton as well as the direct objective of
bringing the visitor attraction to the City.
Jack Ra.bourn,, President of Bremerton Historic Ships Association,
provided the following update - the Port of Bremerton has agreed
to provide the moorage/pier/anchors/ up to $96,000.
Mim Heuss, Executive Director Visitor & Convention Bureau, stated
one of the strong points of this proposal is the fact that the
Bremerton Historic Ships Association has taken on this project.
She noted the VCB had proposed this project about three years ago
but found their organization was not strong enough to carry it out
and welcomed the added strength and organization of the Bremerton
Historic Ships Association. The citizens response from the
community has increased greatly and they look to additional
participation from citizens in the general public. Ms. Heuss
thanked the City Council for their previous support of this
project.
Mr. Overson noted there was some concern over the legality of this
kind of arrangement and questioned if the City Attorney had studied
this issue? Ian Sievers, City Attorney, stated there are really
two problems: (1) source of the funds if the contract is approved;
(2) the contract itself - this is a little unusual in form and the
reason being it is really seed money for some fund raising that
will eventually lead to a public purpose. Council may have heard
that the Constitution prohibits public gifts of funds or oflending
of funds. This came about because of excessive subsidies given to
the Railroad industry in the 19th century. The way the Courts are
interpreting the Constitutional Article now is that there are two
essential elements to look for: (1) that there is valuable
consideration given to the municipal corporation. And, as the
Council is aware this corporation falls within the class of people
or corporations that are subject to the prohibition of gifts or
lending; (2) the City maintain some sort of control of the funds
and that is the reason for Subsection B under the Scope - the City
maintains enough strings on the funds allocated to make sure the
public purpose is achieved or the money is returned or there is
eventually an option to exercise rights to the project. Therefore,
those are the reasons why there are some extended strings attached
to the contract. The source of the funds will be from the Civil
Improvement Fund which is funded by the Hotel/Motel Tax and the
important question is: "Is this facility adequate to supply meeting
rooms to attract conventions, etc.?, And it was represented to
him that there was adequate space which could be reserved for that
purpose; therefore, it is a proper expenditure under that
particular special revenue fund.
Mr. Overson questioned what effect might come about if Council
reduced the amount of funds requested, such as $25,000 rather than
$38,107.307 Mr. Ka bourn stated the budget as proposed is very
conservative and the items for fund raising have been carefully
outlined. The impact of a reduced amount would mean they would
have to look somewhere else to make up the funding which could
delay the project. The project itself fits within the authorized
kinds of things done in other communities using the Hotel/Motel
set-aside. He noted the Turner Joy was used last month for a Ships
Reunion meeting even though it is still located within PSNS.
Acting President Waibel questioned Exhibit B does require the
completion of certain portions of this task prior to payment and
it lists "payment up to a ceiling"...if costs are higher will the
City only be billed for what is listed? Mr. Sievers stated the
figures are cap costs and the City would not be obligated to pay
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costs above those caps.
Mr. Collins questioned what is the difference between this contract
and the contract with Flagship? Mr. Sievers stated the subject
matter in the Flagship contract is more direct...we pay them on a
reimbursement basis for reports and services, surveys, studies,
etc. On the subject contract the City would be paying to raise
money and the City needs to make sure the money raised is spent on
a proper municipal purpose. They will be reporting on activities
of the fund raising drive but the City needs some ties to make sure
that if the money is inadequate the City's funds are reimbursed as
a first priority of the funds that are raised. If the money is
sufficient to go ahead with the project the City needs to make sure
they use the funds for that public purpose. Mr. Collins pointed out
the City needs to have an audit trail on activities generated by
the Historic Ships Association. Mr. Sievers explained the City has
the right to audit any of their books, reports will be submitted
to the City and the City's own Auditor can review financial records
upon notice by the City. Mr. Ra bourn explained as a (501~
organization everything is looked at very closely. This contract
also requires that they maintain the funds and accounting for this
funding totally separate from any other operation. Monies could
not be used from this source for any other purpose.
Mr. Sievers suggested a minor correction to the contract -
Subsection 3b under Scope - first sentence should read:
"Association further agrees to maintain and operate the vessel as
a tourist facility open to the public at reasonable times and to
maintain meeting rooms on a reservation basis for groups,
organizations and businesses upon consultation with the City Parks
Department"; and deleting the sentence: "Rules controlling public
access shall be approved by the City Parks Department".
Mr. Overson expressed concern that other projects may be brought
before Council requesting use of Hotel/Motel Tax funds and felt
he needed to protect, in some way, the City's ability to hold back
some funds for future projects which could enhance the City.
Mrs. Horton stated she would rather do one project well than two
projects half well and supported the proposal. Each project should
be judged on its own merit and consideration given at the time of
request.
Mrs. ~orton questioned if the Turner Joy project would have¢501~)
status? Mr. Raybourn stated Bremerton Historic Ships Association
has~01C~ status and this project is part of their activities. The
commercial aspect, such as the gift shop, do not have that status.
Mr. Colvin questioned how soon the USS Turner Joy project will be
developed? Mr. Ra 'bourn explained the Secretary of The Navy
indicated the ship will be available as early as spring of 1990.
#1921 M/S/C/U(Collins/Colvin) to appropriate up to $38,107.30 from the
Hotel/Motel Tax set aside fund to contract for visitor attraction
promotional services with the Bremerton Historic Ships Association,
including the recommended change in Subsection 3b under Scope as
outlined by the City Attorney.
6C - EMPLOYMENT CONTRACT - DENNIS A. COBUKN, ASSISTANT UTILITIES
DIRECTOR, ~AB89-212
The Utility 1989 budget provides for an Assistant Director position
in support of the increased work with the District.
The Utility with the Personnel Office and subject to administrative
policy and procedures established a hiring register and selected
an individual to fill the position.
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Bill Duff¥ , Utilities Director, introduced Mr. Dennis Coburn and
noted he comes from Clark County PUD where he headed up the Water
Division. He has extensive background in facility planning,
managing utilities and engineering.
Dennis Coburn noted this was the middle of his third week in
Bremerton and he has enjoyed his time here, he sees lots of
challenging opportunities in the Utility. He is also looking
forward to moving his family to this area.
#2313 M/S/C/U(Dawkins/Collins) to approve the employee contract as
presented and authorize the Mayor to execute said agreement subject
to administrative policy.
Councilman A1 Colvin left the Council meeting at 6:55 p.m.
6D - STANDARDS FOR WORK WITHIN RIGHTS-OF-WAY, ~AB89-213
The City has no adopted Standards for work performed within rights-
of-way which allows for inconsistency in quality and much time
consuming discussion with the public and other departments.
Standards will allow all concerned to know the "rules of the game"
and hopefully promote development within the City.
Mr. Crutcher questioned if the proposed Standards cover everything
needed? Dave Baker, City Engineer, stated no it does not - there
are two chapters missing, which include Water, Sewer and
eventually Storm Water, which will be added later.
Mrs. Horton noted discussion had been held at both a Council Study
Session and two Operations Committee Meetings which included input
from those in the community who will be working with the document.
Issues that were brought up by those in the community have been
resolved and/or incorporated into the document.
Mr. Johnson stated he was in favor of the Standards, however he
felt there was a problem with implementation via a Resolution. He
noted Resolutions get lost and suggested that initially the
Standards be adopted by Resolution but upon completion of the
missing two chapters that it then be adopted by Ordinance so that
it is codified. Acting President Waibel noted the cumbersome
procedure required if it were adopted by Ordinance and felt the
intent was to have the documents more as Administrative rules which
could be modified more quickly.
Kathleen McCluskey, Director Of Administrative Services, stated
there are both General City Policies and Procedures which are
codified in a manual and there are also internal Departmental
Policies and Procedures for this kind of document. It was her
understanding that the City Engineer would codify them into his
Departmental Policies and Procedures. Also, the City Clerk's
office maintains a library of documents which are available for
public use and the Standards would become a part of that library.
Ian Sievers, City Attorney, suggested adding an amendment to the
Resolution which would way: "these standards may be amended
through the rule making procedures of Title 2, by the department".
This would provide a starting point for the department to go
through the rule making process, which does provide for public
notice and that would allow Mr. Baker to make future amendments.
#2641 M/S/C/U(Horton/Crutcher) to approve Resolution #2261, adopting
Standards For Work Within Rights-of-Way, with the amendment that
any future amendments to this document will be subject to Title 2
Acting President Waibel announced Item 7B had been pulled
indefinitely from the Council Agenda.
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7C - ORDINANCE (FIRST READING) RELATING TO AN ENVIRONMENTAL AND
NUISANCE NOISE ENFORCEMENT. #AB89-216
The proposed ordinance brings the current Noise Ordinance into
compliance with Chapter 173-58 of the Washington Administrative
Code as required by RCW 70.107.060.
It sets a more practical yet constitutional, enforcement standard
for public nuisance noises than the present system of three
complaining parties.
Finally, the proposed ordinance removes certain noise violations
adequately regulated in other ordinances, e.g., animal noise, auto
muffler noise, and certain environmental noise intrusion.
Ian Sievers, City Attorney, noted the City has received many noise
complaints and the City's Criminal Ordinances are inadequate as
enforcement tools...they are vague. The proposed ordinance uses
a simple objective standard, a reasonable person standard and loud
repetitious or continuous noises that would offend a reasonable
person, which depends on times, circumstances and place. This can
be enforced by the Police Officer at the time of the complaint.
The portion relating to nuisance and noises enforcement will be the
responsibility of the Police Department.
The other part of the current Ordinance was missing a critical
section - exceptions to environmental noise. The environmental
noise regulation has been pre-empted by the State Department Of
Ecology - the reason behind that was because local jurisdictions
were being too strict and they felt it was endangering the
industry of the State. Therefore, the exceptions to environmental
noise levels were very important and they were included strictly
out of the Washington WAC's. To address changes it would require
going back to the Department Of Ecology. It was Mr. Sievers~
feeling that in regard to the environmental noise section it will
be referred to the Planning Department. Due to Mr. Pratt being on
vacation, he may have some recommendations for change to the
environmental noise section.
The amendments are located in Section 1 - local land use
designations are to be put into the district which are closest
approximate with District 1-Residential, District 2 -Commercial and
District 3-Industriai Manufacturing. And, Mr. Sievers recommended
amending the proposed ordinance to state: District 1 - addition of
HD; District 2 - addition of MX, PS, LPO and elimination of HD;
District 3 - addition of IP, IG, WS, FM; and under Section D(2) (b)
last sentence..."require approval of the State Department of
Ecoloqy".
Wayne Estes stated it was his interpretation, after reading the
proposed ordinance, that fire works would be outlawed and
questioned if that was the intent when the new ordinance was
written? Mr. Sievers stated he took the exemptions and
environmental noise levels strictly out of State law and if they
are in there then DOE wants them to be exempt to some level. Mr.
Estes felt fire works should be addressed one way or another.
Mr. Overson requested clarification on the process and
substantiation that an illegal noise is being emitted. Mr. Sievers
stated through the performance standard of the Nuisance
ordinance...repetitive, constant, frequent is one standard and is
it unreasonably offensive to surrounding property owners. Mr.
Overson questioned when can the Police Office enforce this
ordinance? Mr. Sievers stated the ordinance states there is no
need for a decimal meter reading required for enforcement of
nuisance noises. The approach to loud parties would entail the
Police Office requesting the individual to quiet down the noise and
do a follow up check after the warning is given. Mr. Overson asked
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how this related to the disturbances that are on going across from
J. C. Penneys in the downtown area. Chief Del McNeal explained the
intent of the ordinance is to give the officer the authority to
contact the originator of the noise, give them a warning to lower
the noise levels and if they are cooperative this ends the problem.
If they are not cooperative and the Police Officer has to return,
then a citation results in those type of activities.
TAPE #571 Mr. Johnson expressed concerns that two particular problems he
experiences in his neighborhood have been exempted...seaplanes
taking off from the lake and watercraft on Kitsap Lake. He
suggested contacting the appropriate agency to get more local
control on noise nuisances such as the two he suggested. Mr.
Sievers stated the City can take steps to pass park regulations
which limits the power of watercraft engines on the lake, prohibit
seaplanes, hours of seaplanes, etc., then the City would not be
running head on with the State. Actinq President Waibel suggested
getting a better definition of the "exemption of watercraft"
because he feels they were referencing commercial signaling devices
which would not create a problem, however pleasure watercraft
should be addressed. Mr. Sievers noted it might be a good idea to
see a special exemption with the Parks Department and Planning
Department working with the Department Of Ecology.
Mrs. Horton requested a better definition of "sounds created by
blasting".
#0174 M/S/C/U(Overson/Collins) to approve Ordinance, on first reading,
regulating noise levels by prohibiting excessive noise in
identified environments and noise which is disturbing to the public
and a public nuisance; and amending Chapter 6.32, including
amendments noted by the City Attorney as well as letters being sent
requesting for clean up of "watercraft" and "blasting" wording.
7A - ORDINANCE (FIRST READING) AMENDING AND REPEALING CERTAIN
MUNICIPAL OFFENSES, ~AB89-214
Bremerton Municipal Code changes relating to enforcement of
Unauthorized Vehicle and Public Impound Procedures, Keeping
Disorderly House, Contributing to the Dependency of a Child,
Assault-Provoking, Fighting, Obstructing, Disorderly Conduct.
Leila Mills, Assistant City Attorney, stated the changes proposed
are as follows:
1. BMC 9.08.010, 9.08.020 - The proposed ordinance states that a
vehicle is unauthorized when it has been tagged for 72 hours. The
current ordinance permits 24 hours. The change would be in
accordance with the definition of abandoned vehicle in RCW
46.90.103, which establishes a second violation period of 72 hours
for vehicles legally parked. Ms. Mills related a recent experience
in Municipal Court where even though all the proper procedures were
followed he ruled the current City ordinance, as written, was
unconstitutional. Upon further research of State statutes Ms.
Mills found it to be somewhat confusing, however the Model Traffic
Ordinance was more specific and clearer of the two statutes and on
that basis and residents in the City would want to have adequate
notice their vehicle may be impounded...72 hours seems to be more
liberal and fair period to allow the vehicle to be removed and
legally parked.
2. BMC 9.24.090 - Keeping Disorderly House - the current
ordinance addresses noise and disturbance concerns. It is proposed
that this be deleted as noise issues will be addressed in the
ordinance Council just approved, on first reading.
3. BMC 9A.20.040 - Contributing To The Dependency Of A Child -
This is not a crime under the State Law. Dependency issues under
State law are dealt with through RCW 13.34 and civil proceedings
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where they become involved through the Department of Social Health
Services to determine whether or not a child is a candidate for
dependency. Another problem with the current ordinance is that it
does not specify when dependency of a child begins. If there is
a neglect issue for a minor - when does that neglect start. Any
criminal acts committed against a child will be taken care of in
a criminal sense.
4. BMC 9A.32.040 - Assault Provoking - This ordinance should be
deleted and addressed in the proposed Disorderly Conduct Ordinance
BMC 9A.44.020.
5. BMC 9A.32.050 - Fighting - It is proposed that this ordinance
be deleted because the Assault Ordinance RCW 9A.32.010 pertains to
conduct described in the fighting ordinance.
6. BMC 9A.36.050 - Shoplifting - It is proposed that the maximum
fine is $500.00, without mandatory minimum penalties. This will
permit the Judge to take into account various circumstances at
sentencing. One of the major reasons this is proposed is because
under the present Municipal Court system if a fine is imposed they
will also be charged court costs (around $50.00) as well as an
assessment fee which is 904 of the fine. Under the present
ordinance if there is a second offense of shoplifting the mandatory
minimum is $300.00 plus the assessment fee which is 904 of the
$300.00 plus $50.00 court cost .... making it approximately $600.00
for a second offense. Ms. Mills noted this is a very high fee for
a second offense for shoplifting and does not seem in accord with
the sentencing recommendations or sentences that are handed out
routinely on a Theft 3rd Degree. There are no mandatory minimums
for a Theft 3rd Degree, however there is a mandatory minimum
presently for shoplift and she questions why there should be a
difference. Actinq President Waibel questioned if a Theft 3rd
Degree was a repeater offense? Mr. Sievers stated it relates to
the value of the property taken not whether it is a second or
third offense. It is comparable to shoplifting.
7. BMC 9A.40.020 - Obstructing A Public Officer - The new language
addresses law enforcement officer as opposed to public officer.
This is consistent with the most recent case law which found the
term public officer to be too broad.
8. BMC 9A.44.020 - Disorderly Conduct - A new section is added
making it unlawful to use abusive language and thereby
intentionally creating a risk of assault, in accordance with
Disorderly Conduct under State law. Under the new section (C), the
language is changed from "intentionally" obstructing pedestrian or
vehicular traffic, to "knowingly" obstructing.
Mr. Collins questioned under the proposed change under Shoplifting
- if it would be more reasonable to propose a fine and assessment
shall not exceed $500.00? Ms. Mills stated that is a possibility,
however, she would like to reduce some of the fine but there are
some situations which warrant a higher charge. She also suggested
allowing the Municipal Judge the discretion to name a lower or high
fee for the specific charge. She is not advocating leaving it up
to the total discretion of the Judge, but that a cap of $500.00 be
set for the offense. Mr. Collins suggested adding language to the
ordinance which would identify that the "assessment fee" would be
added to the fine. Ms. Mills stated she understood his concern,
however, all of the crimes specified in the BMC have maximum
penalties or some of them state a fine and jail time. An
assessment fee applies to each and every charge if it is a
misdemeanor and she suggested possibly adding something in an
earlier section of the BMC where it deals with Court
Procedures/Fines/Penalties as opposed to each and every crime.
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August 2, 1989
Page 10 of 12
Mr. Overson stated he was not interested in reducing or taking away
the minimum charge for shoplifting and one way for an individual
to avoid these fines is to stop committing the crime; and he did
not support the recommended change.
Acting President Waibel stated he believes the Council as a
legislative body needs to address the direction as to how hard is
the City going to come down on shoplifting offenses.
Mr. Crutcher stated the Municipal Judge needs the authority to
determine the fine and in some instances the offender could not
even afford a minimum fine.
Mr. Johnson stated he believes the minimum is too high, however,
the issue is to stop crime. Another concern was the fact that the
City Municipal Judge declared the current City ordinance as
unconstitutional and questioned if the Judge makes decisions on the
Washington State Constitution in a Municipal Court? Ms. Mills
stated any court of record is able to decide on constitutional
issues. Mr. Johnson believes the City Attorney should appeal the
Judge's decision. Ian Sievers, City Attorney, explained that
during discussion whether or not to appeal the Judge's decision
they came across a conflict in the State statutes and it seems the
one the City adopted was more general and there was another one the
City adopted which was more specific. Therefore, it made the
constitutional ruling mute because they felt that the City's
ordinance did need correcting and in that one particular case there
was not proper notice given.
#0922 M/S/C(Crutcher/Dawkins) to approve ordinance, on first reading,
amending impoundment of unauthorized vehicles, Chapter 9.08,
Unauthorized And Junk Vehicles, and Repealing 9.24.090,
Prostitution, 9A.20.040, Contributing To the Dependency Of a Child,
9A.32.020, Assault-Provoking, 9A.32.050, Fighting, and Amending
9A.36.050, Shoplifting, 9A.40.020, Obstructing A Public Officer,
9A.44.020, Disorderly Conduct, of the Bremerton Municipal Code
Amendment To the Motion:
0964 M/S/C(Horton/Overson) waiving the mandatory minimum fine of $100.00
on first conviction of shoplifting and any subsequent fine the
Court shall impose a mandatory minimum of $300.00 and such fine
shall not be suspended or deferred.
Vote On Amendment:
In Favor: Overson, Horton, Waibel, Johnson, Dawkins,
Opposed: Crutcher, Collins
Vote On Original Motion:
In Favor: Overson, Horton, Waibel, Collins, Dawkins,
Johnson
Abstain: Crutcher
7D - ORDINANCE ~4222 (SECOND READING} ZONING ORDINANCE AMENDMENT:
TEMPORARY/SPECIAL PURPOSE SIGNS (POLITICAL SIGNS}, ~AB89-202
Don Pratt, Director Of Community Development, reminded the City
Council that if an amended Sign Ordinance is not approved the
existing Temporary/Special Purpose Sign Ordinance will remain in
effect. That ordinance limits the display of an unlimited size of
signs for seven days and anything more than seven days will require
a sign permit for display. The proposed ordinance identifies and
defines Temporary/Special Purpose Signs: "signs of this nature of
unlimited size and remain up for seven days within any 90 day
period and if they are 8 sq. ft. or below, as amended, they will
be exempt from the Sign Ordinance and can remain for up to 60 days
prior to the event"; this includes political signs. In the last
week Mr. Pratt received only one comment on the proposed Sign
Ordinance, which was from a political candidate who is responsible
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for campaigning in an area greater than just the City of Bremerton.
This particular candidate felt he and other candidates were running
sign strategies and efforts in the rest of the County which used
bigger signs than that allowed in the City. They felt using
smaller signs in the City would be a disadvantage in their campaign
and cause them some extra effort. They felt it was not appropriate
and questioned if the City wanted to do this to candidates who
might have responsibilities for the City of Bremerton. Mr. Pratt
stated he advised them that there was testimony before the City
Council who felt the City was being too liberal in the Sign
Ordinance.
In regard to the proposed sign fee schedule, he will be submitting
a Resolution to the Council which will outline such a schedule.
He recommended that no fee be charged for the Zoning Permit for
signs but if a Building Permit is required it would be the $29.00
Building Permit.
Sheldon Levine, 5654 Watauga Beach Drive E., Port Orchard, speaking
for Kitsap Chapter Of American Civil Liberties Union, stated they
oppose a portion of the City's Zoning Ordinance that deals with
Temporary/Special Purpose Signs. They consider that the inclusion
of political signs in this portion of the ordinance infringes on
the Constitutional right of the people of the City of Bremerton.
Attempting to regular political speech on private property is
unconstitutional and the courts have ruled such. They request that
the City Council amend the ordinance to exempt political signs from
this portion of the ordinance by listing them along with other
exemptions in Section E. He noted Kitsap County Commissioners
previously dealt with this issue and voted to reject a Kitsap
County Political Sign Ordinance. They rejected it for two reasons:
(1) they did not perceive a significant problem with the signs; (2)
County Commissioners were concerned with infringement on
constitutionally protected free speech rights by requiring permits
and placing time limits on political speech. They also oppose the
total ban on signs on publics' right-of-way. Signs should only be
regulated on the right-of-way for valid safety concerns.
Wayne Estes reminded everyone that through the Constitution the
citizens have the right to life, liberty and pursuit of happiness
and that does not go along with allowing spreading of signs all
over the streets.
#1470 M/S/C/U(Overson/Dawkins) to pass Ordinance #4222, on second
reading, amending Chapter IV, Sections 18(E) (9) and 18(J) of the
City of Bremerton Zoning Ordinance relating to the size and display
period of temporary/special purpose signs.
7E - ORDINANCE ~4223 (SECOND READING} ADOPTION OF NEW BUILDING AND
FIRE SAFETY CODES, ~AB89-207
#1507 M/S/C/U(Horton/Crutcher) to pass Ordinance #4223, on second
reading, revising the Building and Fire Safety Code, B.M.C. Chapter
17.04, by adopting 1988 editions of uniform construction codes.
7F - ORDINANCE ~4224 (SECOND READING) AMENDING CLOSE-OUT AND
DISTRESS MERCHANDISE SALE REGULATORY LICENSES, ~AB89-208
Mr. Collins questioned how many businesses have applied for "going
out of business" license in the last six months? Kathleen
McCluske¥, Director Of Administrative Services, stated to her
knowledge 3 or 4. Mr. Collins pointed out that in the Mayor's last
Quarterly Report it states the B&O Tax and Sales Tax for the second
quarter of this year is higher than it has ever been and he felt
it was not reflecting a down retail market. Ms. McCluskey stated
businesses in other areas are doing fine and the proposed ordinance
is enforceable if there is a problem with a business, having an
inappropriate going-out-of-business sale. Actinq President Waibel
questioned isn't the license to simply cover the administrative
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cost and is $200 somewhat exorbitant for City costs? Ms. McCluskey
stated yes.
%1540 M/S/C/(Dawkins/Horton) to pass Ordinance #4224, on second reading,
revising in pertinent part Chapter 5.12 of Bremerton Municipal
Code, relating to the licensing of closing out and distress
merchandise sales in the City of Bremerton.
Vote: In Favor: Overson, Crutcher, Horton, HOrning, Waibel,
Collins, Dawkins
Opposed: Johnson
With no further business meeting adjourned at 10.25 p.m.
KA~HLEEN L. MCCLUSKEY, CITY CLERK
~C~: ~~t~nC~Cil President
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