HomeMy WebLinkAbout05/31/89TAPE #642
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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, May 31, 1989 at 5:30 p.m., with
Council President Spencer Horning presiding. Council members
present were Shirley Marty Crutcher, Lynn Horton, Hank Waibel,
Morrie Dawkins, A1 Colvin, C.R. "Tiny" Collins, Lon Overson and
Russ Johnson. Also present were City Attorney Ian Sievers and City
Clerk Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Horning and Invocation was given by Reverend Michael
Grimshaw of the First Church Of the Nazarene.
CONSENT AGENDA
A. Minutes of Meeting - May 10, 1989, #AB89-145
B. BID AWARD RECOMMENDATION- RE-ROOF CITY HALL, #AB89-146 - Awarded
to Field's Roof Service as to specifications and low bid
received in the amount of $31,163.50, including tax.
2. Accept change order number one amending contract amount to
$26,709.61.
C. BID AWARD RECOMMENDATION - DUCTILE IRON PIPE & FITTINGS AND CAST
IRON VALVES, #AB89-147 - Awarded to U. S. Pipe and Foundry as
to specifications and low overall bid in the amount of
$140,950.93 plus tax.
M/S/C/U(Johnson/Dawkins) to present Consent Agenda as presented.
CLAIMS/WARRANT REGISTERS
Vouchers audited and certified by the auditing officer as required
by RCW 42.24,080, and those expenses reimbursement claims certified
as required by RCW 42.24,090, have been recorded on a listing which
has been made available to the Council.
M/S/C/U(Colvin/Waibel) on May 31, 1989, the Council does approve
for payment those vouchers included and further described as
follows: 43642 through 43643 in the total amount of $7,000.00 and
Retirees Payroll in the total amount of $48,148.20.
COUNCIL MEMBER REPORTS
Mr. Johnson stated he was glad to be back in town after a brief
trip to Canada. During his absence he had taped the City Council
meeting and while viewing the tape he was surprised at the attitude
of some of the people downtown concerning parking. He noted there
needs to be some kind of control in the downtown area to have
parking turn over or it will be taken over by all-day parking. In
response to action taken on the SR3 Park item he felt that Council
may have bypassed surplus procedures which should have been
followed. Also, he felt that a more appropriate name could be
found for the SR3 Park and suggested the Parks Board look into a
possible name change in the future. Regarding Roosevelt Field and
the possibility of Olympic College acquiring it - he felt the most
important issue is to validate the appraisal and make sure it is
a good professional appraisal. He too felt the Armed Forces Parade
was excellent. He commended the Community Cable Access Crew for
their coverage of the parade and future programming. He suggested
obtaining Press Passes for the Cable Access crew and to utilize
them at some of the Transportation Hearings that are coming up in
the future. He noticed a large lineup of old Police cars at the
Max Meigs Fire Station and questioned how long before the City gets
rid of them? Parking - he felt a lot of progress had been made,
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however, he still thinks where there is a curb and actual parking
strip something has to be figured out to prohibit parking on it.
Obtaining the USS Turner Joy - he felt it was a real joy for
Bremerton and appreciated the help received from our Congressional
delegation, city staff and most of all people in Bremerton and
those in the community who organized to make it happen. Research
will begin sourcing grant funding for the possible development of
a shore side park making an entrance to the USS Turner Joy -
possibly with a visitor center, etc. Mr. Johnson was pleased that
efforts to dump three barges of waste from the demolition of the
Ye Olde Curiosity Shop/Seattle was not allowed in Kitsap County.
He commended Mr. Lindgren for his reaction that he did not want it
in the Olympic Landfill.
Mr. Colvin reported his absence from the Council meeting on May 24
was due to his attending a Lions Convention held in Spokane. While
there, he had the opportunity to view that city and noted they also
have lots of vacant windows/stores, however, they are working
toward a comeback just as Bremerton is trying to doing. The
Bremerton Central Lions Club hosted Mr. Bill Kamps, Commissioner
of the Department OF Transportation, as guest speaker and learned
the ferry budget situation is critical. Mr. Colvin was asked the
question "why is the City selling Roosevelt Field?" - his response
was that this issue has not been brought to the City Council for
consideration and he did not believe the Council, at this time, had
a position either way. He too felt the Armed Forces Parade was
excellent and appreciated having the opportunity to be a
participant in it. On June 2, the Bremerton Central Lions Club
will install Mr. Colvin as its President (King Lion). He noted it
will be an honor to serve as Lions President and looked forward to
the installation dinner/ceremony.
Mr. Dawkins reported Memorial Services at Retsil and Ivy Green
Cemetery were excellent.
Mr. Collins stated he continually hears people say "Bremerton is
dead" and after reviewing a report from Dick Mumma, Building
Official, believes Bremerton is anything but dead. There were over
$2,000,000 valuation of permits taken out between January - April
1989, 54 for businesses and 104 for residences.
Mr. Overson reported an Errors And Correction Committee meeting
was held Tuesday, May 30. He noted some of the earlier requests
for review were a little easier than the later ones and the review
process is drawing to a close.
Mr. Crutcher reported as he travels through other cities he notices
they share similar problems with those experienced in Bremerton.
The issue of parking on parking strips is a common problem and
believes it is compounded by residents having multiple vehicles.
Mrs. Horton stated she met, this date, with a large contingency of
Bremerton Main Street Association about parking in the downtown
area. She is hoping they will be forwarding some recommendations
as to what they would like to see happen regarding parking in the
downtown area. On Thursday, May 25, she attended the Puget Sound
Water Quality meeting and listened to all the action items slated
for Dyes Inlet and Sinclair Inlet. One of the comments made
concerning what to do about hazardous waste - the County
contingency stated the County is now working on a program to handle
hazardous waste disposal and they asked the public to please retain
hazardous waste materials, do not flush it down the sewer system
as they will be providing a program for disposal. In the evening
of May 25 she attended the Puget Sound Air Quality Control Wood
Burning public hearing and listened to three hours of public
testimony on the pros and cons of the proposed continuation of the
wood burning ban imposed this past year. Funding of the program
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has not been identified, however, it is felt the program has merit
and should continue. Mrs. Horton stated she contributed the fact
that PSAQ should be more cognizant of individual areas and not
lumping everyone together. There will be funding recommendations
coming the first part of June.
Mr. Waibel noted he missed the last Council meeting due to being
ill. He reported he was unable to attend the "Life Style Choices
'89" but his daughter was selected as one of the 6th grade students
to attend the conference. He served as a judge during the Kitsap
Transit Bus Rodeo held two week ago and found it to be very
interesting. He ended up riding buses all day and judging them on
the smoothness of their ride. The final drives were undertaken by
the Transit Executive Officers and they did not do near as well as
the regular bus drivers. Mr. Waibel was also impressed with the
Armed Forces Parade and he noted it was twice the size as the
Memorial Day Parade held in Seattle.
Mr. Hornin~ reported he also attended the "Life Style Choices"
conference and commended the young people desiring to help one
another and wage a war against drugs. He attended Memorial Day
ceremonies and affirmed that Bremerton and Kitsap County is very
committed to the preservation of peace. Mr. Hornin~ invited Dick
Mumma, Building Official, to comment on activities going on in the
City of Bremerton. Dick Mumma gave a brief report on some of the
current enforcement activities that his department is involved in.
Besides the responsibility of issuing permits and conducting
inspections, his department is also charged with enforcement
responsibilities on much of the private property in the City.
These responsibilities include: building code violations,
violations of Litter and Garbage Ordinances, Zoning Ordinance
violations that cannot be resolved without enforcement action and
the abatement of junk cars on private property. Under the
direction of Mayor Lobe and Don Pratt, Director of Community
Development and with the active support of the City Council, they
have had many successes in the area of enforcement. Some of these
achievements include: out of 92 complaints received since the
first of the year 59 complaints have been closed; investigated 85
caterpillar complaints and sending letters to appropriate property
owners; an apartment house on Washington Avenue that was vacated
due to substandard conditions and is now under remodel to bring it
up to current code standards; the owner of 649 Washington Street
(house located at end of Manette Bridge) has been granted a permit
and has agreed to put a new foundation under the house - this was
as a result of abatement action by the City; an apartment on
Burwell that was a nuisance to the Police Department and citizens
of the City has been vacated and currently under remodel; a garage
on Montgomery Avenue that was demolished by fire and was removed
within 48 hours after the fire - result of an abatement action; in
the area of junk cars ... five cars have been removed from 15th and
Cambrian, vehicles have been removed from Eagle Street, Snyder
Avenue, Montgomery, Taft; and today six vehicles were removed (5)
from behind the old Nygard Grocery on Callow Avenue and (1) from
the end of Pacific Avenue. Five cars have been referred to the
Police Department for removal - they are in the right-of-way and
out of Mr. Mumma's jurisdiction. He noted he felt his department
consisting of two have done an exemplary job handling enforcement
in the City.
President Hornin~ stated it is important that the public know we
as a community are not sitting back on these issues and actions
are being taken as outlined by Mr. Mumma. And, he questioned about
possible removal of vehicles located at llTH and Naval? Mr. Mumma
explained that llTH and Naval was investigated by his department
after a complaint had been filed - the vehicles do not meet the
definition of abandoned vehicles as defined in City ordinance. It
is his understanding the Planning Department is conducting an
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investigation to see if there may be a zoning violation with
vehicles parked on that property.
PUBLIC RECOGNITION
Jim Wooten, Bremerton Area Dart Association, presented the City of
Bremerton with a plaque in appreciation for all the effort and
support of their Annual Dart Convention. Mr. Wooten briefly
outlined the warm welcome participants received during the darting
events and thanked City Council members for their willingness to
extend a welcome t~ the many conventioneers. President Hornin~
thanked Mr. Wooten for the plaque and acknowledged the wonderful
people who come out to participate in the darting events.
Kathleen McCluskey, City Clerk, read a Proclamation recognizing
the many contributions made by the Filipino-Americans to the
enrichment and quality of life in the Pacific Northwest and the
nation, as well as sharing their rich cultural heritage. Mayor
Gene Lobe proclaimed June 3-18, 1989 as PHILIPPINE WEEK. The
Proclamation was accepted by a contingency from the Filipino
community.
Kathleen McCluskey, City Clerk, read a Proclamation recognizing
the importance of boating safety and continued education for all
who use waterways to acquire skills and knowledge to maintain their
own safety and the safety of others around them. Mayor Gene Lobe
proclaimed June 4-10, 1989, as NATIONAL SAFE BOATING WEEK.
President Hornin~ presented the Proclamation to representatives of
the Bremerton Power Squadron. Commander Bremerton Power Squadron
stated Boating Class aFe provided to the public at no cost in
Bremerton, Port Orchard, Belfair and Shelton. Representatives from
the Power Squadron attend Boating Shows in Seattle/Tacoma/Shelton
to promote the Boating classes offered. The United States Power
Squadron Organization is celebrating its 75th anniversary and
Bremerton has had a local chapter for many years. Publicity
activities are an on going effort via flyers, public access
television, etc. The Power Squadron works very closely with the
Coast Guard Auxiliary. Anyone is welcome to participate in the
classes, adults and children. Mike Lander, Manager of the
Kitsap/North Mason Chapter Of American Red Cross, stated everyone
who goes out boating should wear an approved life jacket, a skipper
of a boat should position the passengers and crew properly to
prevent falls and injury, to carry all required and recommended
safety equipment, to obey all boating regulations, don't smoke
while refueling your boat, when water skiing stay away from swim
areas, get to safety before bad weather sets in, don't make high
speed turns with small boats, learn how to swim, learn first aid,
don't overpower a boat, don't overload a boat, don't overlook
safety items which include life jackets, anchor, fire extinguisher
and oars.
Kathleen McCluskey, City Clerk, read a Proclamation honoring the
Navy Wives Clubs of America and their dedication to providing a
congenial social program for the wives and families of enlisted
personnel, welcome newly reported families and assist them in
getting settled in new locations. Mayor Gene Lobe proclaimed June
3, 1989, as NAVY WIVES CLUB OF AMERICA DAY.
Dan Crocker, General Manager of TCI, announced as of Thursday, June
1, a Channel switch will have been made - 17 channel are being
realigned with the switch to be completed in a 2-hour period.
Wayne Estes, Bremerton resident, stated lots of good things are
happening in Bremerton, however, two years ago he came before
Council with a problem that still exists... Tuesday evening, May
30,in the downtown area young people were congregated and acting
in a rowdy manner, breaking windows, etc. Police Officers did come
into the downtown area and asked some of the individuals to leave,
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which they did but returned shortly after the Police Officers left
the area. He suggested getting letters of restrictions from the
independent parking lot owners, including Banks, have them posted
and permit the City Police Officers to enforce the regulations.
Also, the Chief of Police could be requested to draft up an
ordinance to be used in solving the situation. Mr. Estes expressed
concern that no one will want to introduce friends or newcomers to
the downtown area because of unpleasant atmosphere. He noted this
is going to be a political issue because he is going to make it
one.
6A - REOUEST FOR AUTHORITY TO RECLASSIFY A POSITION IN THE
TREASURER'S OFFICE, #AB89-148
A classification review has been completed at the request of the
Treasurer on an Accounting Assistant I position in the Treasurer's
office. The results of that review are attached. Reclassification
of the position is requested to be effective July 1. The annual
cost difference between the classifications is about $1,000. This
can be funded from the existing department budget.
Kathleen McCluskey, City Clerk, explained the motion requested
would be "to approve the recommended Budget Adjustment and
reclassified position in the Treasurer's Office".
Rich Hanna, City Treasurer, stated the necessity for the
reclassification is the direct result of reduction of a higher
classified position - Accounting Clerk Senior in the Treasurer's
office as a part of the adoption of the 1989 budget. The workload
has been redistributed and that in a large measure has led to the
need for the reclassification.
#1522
M/S/C/U(Overson/Crutcher) to approve the recommended Budget
Adjustment and reclassified position in the Treasurer's Office.
6B - CONSULTANT CONTRACT: REVISION TO HARBOR LANDS UTILIZATION
STUDY APPROVED EARLIER, #AB89-153
A. The Mayor was previously authorized to sign the attached
consultant contract which included a $500,000
professional liability (errors and omissions insurance).
This insurance clause has been deleted during
negotiations. Difficulty of the insurance to provide an
affordable product, severity of need, and availability
of time prior to the underlying grant termination were
all considerations.
Council's approval of the same contract minus errors and
omissions insurance is required.
Don Pratt, Director of Community Development, explained both the
situation that he is faced with and the issue warrants Council
consideration. The Department Of Natural Resources has granted
the City $10,000 to do a Harbor Lands Utilization Study. Those
funds expire June 30. In order for him to build his 1989 budget,he
delayed starting up the grant program until January 1, at which
time he found other more pressing matters to deal with until April.
In April a contractor was selected from Small Works Roster and
requested Council's approval of the contract. The original
contract proposed did have Errors & Omission Insurance as specified
by the City's Risk Manager. It turns out, after the Council
approved authorization, the contractor selected was not able to
obtain the Risk Insurance the City desired him to have. Now, Mr.
Pratt finds himself without adequate time to select another
contractor who could get adequate insurance, if possible and the
question is now do we go to contract without Errors & Omissions
Insurance or is the contract dropped. If it is desired to go out
for an amended contract, Council would have to approve the amended
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contract. The difficulty experienced regarding policy is if Errors
& Omission Insurance for Planning Studies requires the same kind
of insurance the City requests contractors to have for such items
as Architectural Studies? The contractor selected is a one person
office, who provides a good job at a good price but typically does
not carry a large overhead which would include E&O Insurance
coverage.
Mr. Pratt noted the City had to return the Department Of Natural
Resources funds last year for the 4TH Street Tower and he is
reluctant returning funds two years in a row. The Risk Manager
would prefer E&O Insurance but he is recommending to the Mayor and
Council that the City proceed with the contract without the E&O
Insurance because the risk is small.
The product to be provided by the contractor is a marketing
analysis - there is no physical project coming out of the study.
It is a study telling the City what kind of harbor lands exist, how
the Shoreline Ordinance and other Ordinances address it, identifies
potential uses and does an economic analysis of those uses,
proposes changes to regulations. Any product from this study would
have to occur after funds are budgeted, either by the City or a
private developer or any subsequent permits are applied for and
established. Mr. Pratt believes that the product is a minimal
project, not a concrete product, the information is of value and
he feels it is worth the $2,500 of City's portion of the funds to
pick up this type of information. Lastly, he would like to
continue the project in order to keep the faith with the Department
Of Natural Resources.
Mr. Johnson questioned why couldn't the firm get E&O Insurance?
Mr. Pratt stated typically planning operations are grouped with
architects and engineers who have hard products and the market has
not responded adequately to provide E&O Insurance for planning
studies with no hard product. Also, this particular person does
not carry it, does not feel it is warranted and he is covered by
some of the other cities he has worked for. Mr. Johnson stated he
felt the City would be getting a product and if the City made
decisions based on an incomplete product what recourse might the
City have in the event of problems? Mr. Pratt stated he did not
feel it was a liability question but a performance question whether
or not a product is provided. And, he suggested that the material
provided is very raw and does not carry major liability.
Peu~y Lesser, Risk Manager, stated she had three concerns about
removing the E&O Insurance requirement: (1) the City has an
agreement with the State of Washington that was entered into
October 1988 - agreed to hold the State of Washington harmless for
any fall out from this study; (2) this study will be used to
allocate scarce and environmentally sensitive land and recommended
uses of that land; (3) concerned about the application of the
economic analysis - it will be used to encourage specific
development based on relative profitability. Mr. Waibel questioned
in terms of dollar amount what the risk might entail? Ms. Lesser
stated it could be tremendous or minimal - there have been claims
$160,000 plus on development that the City permitted in the
waterfront area. If this happened today the $160,000 would be
coming out of the General Fund.
Mr. Colvin questioned how small of a risk may the City be taking?
Mr. Pratt stated it could be as small as $200.00 up to any amount
of money. The $160,000 paid was for an Environmental Impact
Statement on which a decision was made to build something. In this
case that is not the concern - it is a market study without a
project involved. He doubted if anyone would be damaged any
greater than $10,000 using a market study. Ian Sievers, City
Attorney, stated the trend is definitely to involve greater
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liability for both economic and environmental planning simply
because the City is not the person turning the dirt does not mean
that there isn't some liability if there is misdirection
development activities or make some wrong decisions which lead to
development. The example of the Port Washington project where the
City's insurers did pay a lot of money is a good example. A lot
of the City's liabilities just stem from failure to recognize the
need for a soils analysis...a person needs to understand underlying
environmental conditions. He felt it could be a substantial risk
simply from a structure that is indicated suitable for construction
falling into the bay to personal suits relating to environmental
problems.
Mr. Colvin questioned how much would a premium cost for E&O
Insurance? Mr. Pratt stated in order to obtain E&O Insurance on
a single project - $1,500 for $250,000 coverage.
Mr. Overson questioned what possibility is there that the funding
can be extended so it will not expire? Mr. Pratt stated not
likely.
Mr. Collins questioned if the study would belong only to the City?
Mr. Pratt stated this is new data that would be provided by the
consultant to the City and probably used to encourage future
building of appropriate uses. Mr. Collins supported continuing on
with the contract as proposed and the risk is minimal.
Mrs. Horton stated for clarification that the study would actually
be the property of the Department Of Natural Resources but the City
has the right to utilize it. Mr. Pratt stated that was correct -
technically they have contracted with the City to provide this
information and in turn the City is trying to subcontract that
responsibility. Mrs. Morton questioned a statement in the
contract: "the coverage of an amount approved by the Risk
Manager"...and asked what it meant? Ms.Lesser stated the way the
proposed contract read the consultant would be asked to provide
Comprehensive General Liability Insurance for whatever amount she
requested. She explained that Comprehensive General Liability
Insurance would not do the City much good therefore she does not
care what the amount is. She strongly emphasized the need for
Errors And Omissions Insurance. Mrs. Morton questioned if there
were a lot of presidents as far as litigation, etc.? Mrs. Lesser
stated there is in environmental issues, and a~ To
planner studies the trend is increasing.
Mr. Crutcher questioned if Mr. Pratt had check the past record of
this firm he is recommending? Mr. Pratt stated it is a single
person office that has a good reputation. He does not have a
record for making errors.
President Morninu questioned if this person could be hired as a
temporary employee to complete the job? Mr. Pratt stated both
organizationally and professionally recommended that the contract
either be approved or disapproved.
Mr. Overson stated he could not consider the risk that the City
would be taking if approval was given without the E&O Insurance
being included.
Mr. Waibel questioned if there was the potential of this study
being used to deny permits? Mr. Pratt stated he honestly could
not tell any cause or affect direct relationship between this study
and a permit or a physical action that will take place. This study
is designed to tell both the State and the City what types of uses
can occur on the shorelines and what should be done to help develop
those uses, what should be done in the way of Shoreline Ordinances,
what should be done in building public roads that would attract
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these kinds of uses. Before anything is built there is another
analysis and study of the financial value and environmental value
of what is being built. A SEPA process and permitting process are
required, which in his opinion is where the liability lies not in
a preliminary analysis of conceptionally what kinds of uses can be
used on the property. He noted it is planner sensitive not Risk
Manager sensitive and the City Council needs to hear both comments
before making a decision.
Mr. Johnson pointed out the bottom line is that the City most
likely would be responsible for any liability. And, it is apparent
the insurance companies are aware of areas of risk by their high
premiums being charged.
M/S/F(Collins/Dawkins) to approve the amended contract which
requires no Errors And Omission Insurance.
Vote: In Favor:
Opposed:
Motion Failed.
Collins, Dawkins, Crutcher, Horning
Waibel, Colvin, Johnson, Overson, Horton
7A - RESOLUTION #2251, COUNTY WIDE VOTERS PAMPHLET, #AB89-151
Kitsap County Auditor, Karen Flynn, would like to discuss the
possibility of a County wide voters pamphlet for this fall's
elections. A proposed Resolution is attached.
Karen Flynn, Kitsap County Auditor, stated Washington State is only
one of a few states in the United States that has mandated to
produce a voters pamphlet for its citizens and this reflects
citizens desire in Washington State to receive that kind of
information from a reliable and unbiased source. It typifies the
good government reputation that Washington State enjoys,
particularly in election processes. The only drawback of the
Secretary Of State's produced voter pamphlet is that it contains
information only on Federal and State candidates and issues with
no similar vehicle for local candidates and issues. To provide an
opportunity for local candidates and issues to also be available
to citizens, the 1984 Legislature mandated that Counties could also
produce local voters pamphlet and this is being done in Thurston
County, King County and Clark County.
In Kitsap County Auditor's office they are strong advocates of a
local voters pamphlet based on information they receive from local
residents requesting information on candidates and issues.
A local voters pamphlet would contain statements from all
candidates running for office along with a photograph, a
description of the duties of the offices up for election, a
reproduction of ballot measures, pro and con statements, list of
polling places, sample ballots, request form for an absentee
ballot, instructions for registering to vote and notice of the
election. The voters pamphlet would be sent to every household in
Kitsap County.
Estimated cost for producing a County- wide voters pamphlet is
$14,000 and that would be divided among the jurisdictions that are
participating in the voters pamphlet on a prorated basis. The
larger the jurisdiction, more registered voters in the jurisdiction
the higher the proportionate cost. If all 57 jurisdictions
participate cost to the City of Bremerton would be $575.00 and if
only 13 major jurisdiction participate Bremerton's cost would be
$1,255.00. Previously the City of Bremerton produced a voters
pamphlet for only a specific measure which cost approximately
$5,000.
The State law requires that each governing body for the
jurisdictions that want to participate must pass a Resolution.
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The County is hoping there will be 1004 participation in the voters
pamphlet.
The County feels strongly that the voters pamphlet will increase
voters awareness and knowledge of the candidates, issues and
election itself.
Wayne Estes questioned if some of the cost would be defrayed by
asking candidates to donate funds toward the publication of the
pamphlet? Mrs. Flynn stated, by State law, the cost of the voters
pamphlet is paid for by jurisdictions that are participating in the
pamphlet and is prorated by specific formulas that the State
provides and that is generally by the number of voters in that
jurisdiction. She was not aware that candidates listed in the
State voters pamphlet contributed anything towards its cost.
Mr. Collins questioned who would prepare this document? Mrs. Flynn
explained the document would be prepared by the County Auditor's
office and there is a specific set of rules that all of the
jurisdictions would need to agree to in advance and they have
prepared a sample set of rules that they would provide; in advance
of the jurisdictions agreement to participate they would also agree
to the general rules. Generally speaking, the candidates would
submit their biographies, containing a certain number of words that
had been agreed to in advance, not containing any thing that would
be libelous, slanderous or inflammatory. Mr. Collins questioned
who would screen the information? Mrs. Flynn stated the County
Prosecutor would review the entire voters pamphlet prior to its
publication. If the item is a ballot measure the legislative body
that is proposing the ballot measure would be responsible for
presenting a pro statement and also responsible for finding
citizens to prepare a con statement. Mr. Collins questioned which
elections would this be appropriate for? Mrs. Flynn stated they
are proposing this for the General Election. Mr. Collins
questioned if limited participation in this years General Election
would elevate the cost of participation for the City of Bremerton?
Mrs. Flynn stated that at the time the City of Bremerton would
participate there are many more jurisdictions to share the cost
with than the County does when they run in the even years.
Mr. Collins questioned what good would the County-wide voters
pamphlet do for the citizens of Bremerton for the cost? Mrs. Flynn
stated the information included would be patterned after the State
Voters Pamphlet, which would include: photograph of candidates
along with biographical information; ballot measures would be
modeled after the State example - it would be presented as written
along with a opposing and favoring statement; entire sample ballot
for the voter; request form for an absentee ballot, list of polling
places. There is a lower voter turn out during odd year elections
and they believe the reason for this is that people are unaware of
what the special districts are, who is up for election and for what
positions. And, she believes that this local voters pamphlet will
provide a vehicle that describes all of the positions that are up
for election, tells voters in advance that these are the interests
in your community that are up for election this time - providing
voter awareness and voter education at a very low cost.
Mr. Waibel questioned the availability of the needed rules and was
concerned that the local voters pamphlet might be more confusing?
Mrs. Flynn stated it was the intent to just introduce the idea to
the City Council, not requiring that a Resolution be pass at this
time. Mr. Waibel noted the City Council would need to pass an
Ordinance if they desire to participate in the voters pamphlet
because they are a first class city. Dean LoGan, Kitsap County
Auditor's Office, stated the ordinance for a first class city is
only necessary if the city chooses to do a local voters pamphlet
on their own. In this case, the County is choosing to doing it as
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a County-wide pamphlet so the Kitsap County Commissioners will pass
an ordinance and then the junior districts would be asked to
participate. After finding out the jurisdictions desiring to
participate then those jurisdictions will come together and approve
the rules and regulations. Mrs. Flynn emphasized there are sample
rules available to give the jurisdictions an idea of what they may
consist of. Mr. Colvin questioned if the information provided by
Mr. Logan was correct? Ian Sievers, City Attorney, stated when the
Charter Review Committee was formed last year there was
consideration given to the possibility of providing a City voters
pamphlet; and there is a statute where the City Clerk would have
some independent authority under State statute to do some rule
making to set up committees to make the pro and con statements on
City ballot issues that go into the pamphlet. It may be that the
County now as the sponsor of the pamphlet does the rule making for
those statements. He noted the rules need to be in place before
the issues come up. Mr. Colvin expressed concern that it was not
clear whether or not the City had any veto power on what would go
into the voters pamphlet or the right to approve the final draft?
Mrs. Flynn explained the County would do the actual publishing of
the pamphlet and they would abide by all the rules as agreed to by
the participating jurisdictions in advance of publication.
President Hornina stated for clarification that first the
jurisdictions must declare their participation and they as a group
would adopt the rules. And, he questioned if there was a time line
for jurisdictions to determine if they wish to participate or not?
Mrs. Flynn stated the County does need to know somewhat in advance
and they would appreciate the jurisdictions responses two weeks
prior to filing time (last week in July).
Mr. Johnson stated he was not ready to give up rights as a city to
the County, that in the event there are Charter changes to bring
before the voters via ballot measures - meeting a early deadline
may conflict with the functioning of a Charter Review Committee and
a Voters Pamphlet may not be the best way to inform the public of
this type of issue. Mrs. Flynn stated the proposed rules do state
the Attorney for the jurisdiction submitting a ballot measure will
provide the arguments and will review the information contained in
the Voters Pamphlet. With regard to getting out of the Voters
Pamphlet, once a jurisdiction is in all they have to do is pass
a Resolution stating the desire to withdraw.
Mr. Overson proposed that Council request further input by the
County Auditor, to request the Council Intern gather additional
information and then give the whole issue a review prior to making
a decision.
Mrs. Horton requested that the additional information to be
provided by the County Auditor include statistics which relate to
Bremerton and not Kitsap county as a whole.
M/S/C/U(Collins/Crutcher) to table this issue indefinitely.
7B - ORDINANCE (FIRST READING) VACATING PORTION OF ANALLEY WITHIN
BLOCK BOUNDED BY CALLOW AVE., RODGERS ST., WYCOFF AVE., AND COONTZ
STREET, #AB89-152
This Ordinance finalizes the vacation of the alley bounded by the
above-streets to Kitsap Transit. The City Council approved the
vacation at a public hearing on December 14, 1988.
Ian Sievers, City Attorney, stated the ordinance does not
incorporate a recommendation that the applicant of the vacation to
consolidate some land divisions. In discussing this matter with
Planning personnel there was no rational connection with the
vacation to do this type of action.
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Actin~ President Overson asked the "Appearance Of Fairness Conflict
Of Interest" question with Councilman Waibel and President Horning
stepping down due to their serving on the Board Of Directors of
Kitsap Transit and all other Council members remained seated.
M/S/C/U(Colvin/Collins) to approve Ordinance, on first reading,
vacating portion of an alley within block bounded by Callow Avenue,
Rodgers Street, Wycoff Avenue and Coontz Street.
President Horning and Councilman Waibel returned to the Council
meeting.
7C - ORDINANCE #4213 (SECOND READING) AMENDING THE CITY OF
BREMERTON 1989 BUDGET, #AB89-143
Actions taken by the City during the first months of 1989, together
with circumstances not foreseen at the time of preparation of the
budget, require certain additions and corrections in order that the
budget continues to accurately reflect the financial operating plan
of the City.
M/S/C(Crutcher/Horton) to pass Ordinance #4213, on second reading,
amending Ordinance #4181, relating to the budget of the City of
Bremerton for Fiscal Year 1989.
Vote:
In Favor: Overson, Crutcher, Horton, Horning, Collins,
Dawkins, Colvin, Johnson
Abstain: Waibel
7D - RESOLUTION #2249, RESIDENTIAL PARKING PERMIT PETITION -
MONTGOMERY/FIRST TO FARRAGUT & FIRST, COONTZ, RODGERS/CALLOW TO
MONTGOMERY ZONE #28, 2 HOUR LIMIT, #AB89-149
The residents of the above stated area have submitted a petition
for residential permit parking. The petition has been signed by
a minimum 2/3 residents as required by BMC 21.08. The area has
been posted for at least 10 days.
Kathleen McCluskey, City Clerk, stated this has also been reviewed
by the Engineer Department and they recommended approval of the
request based upon its impact by outside parking.
Paul Schmitt, Manette, stated he had previously provided Council
with pictures showing the parking problems experienced in the
subject area. He had hoped that the Parking Ordinance would have
passed to help alleviate the problem. He did note that when
seeking signatures for the petition he had the opportunity to learn
that residents are very much aware of discussion by the Council and
do watch the Cable Access programming of Council meetings.
M/S/C/U(Waibel/Collins) to approve Resolution #2249, designating
a residential parking permit area (Zone #28).
7E - RESOLUTION #2250, RESOLUTION REPEALING RESOLUTION #2014 AND
AMENDING RESOLUTION #2247 - RELATING TO ANIMALS LICENSE FEES,
#AB89-150
On May 17, 1989, Resolution #2247 was passed setting amounts for
dog and cat licensing at the levels listed in the recently repealed
animal control ordinance. These fees, however, had previously been
revised to higher levels by Resolution #2014 passed in 1984.
Resolution #2014 should be repealed and Resolution #2247 should be
amended to continue the fees set in Resolution #2014.
M/S/C/U(Waibel/Horton) to approve Resolution #2250, amending
Resolution #2247 and repealing Resolution #2014.
With no further business meeting adjourned at 8:00 p.m.
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KATHLEEN L. MC CLERK
APPROV 7er~n
HOR il President
C' y Of Br
cc: Normal Distribution
File/Vault