HomeMy WebLinkAbout02/24/88TAPE #523
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CITY COUNCIL NEETING NINUTES
FEBRUARY 24, 1988
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, February
24, 1988 at 5:30 p.m. with Council President Hank Waibel
presiding. Council members present were A1 Colvin,
Spencer Homing, Morrle Dawkins, , Shirley M~rty Crutcher,
C. R. "Tiny" Collins, Lon Overson, Russ Johnson and Lynn
Hotton. Also present were City Attorney Ian Sievers and
City Clerk Kathleen McCluskeW.
The meeting opened with the Pledge of Allegiance led by
Council President Hank Watbel and Invocation was given by
Reverend Steve Haley of the Westpark Christian Church.
CONSENT AGENDA
A. Minutes Of Meeting Held February 17, 1988, ~AB88-053
B. Bid Award Recommendation - Jail Meals, #AB88-054
M/S/C/U(Horning/Johnson) to approve Consent Agenda as
corrected (editorial change on Page 4, paragraph 6 of the
Minutes: "Mr. Hanna stated it would be done").
CLAIMS/WARRANT R~GISTER
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.
M/S/C/U(Colvin/Dawkins) on February 24, 1988, the Council
does approve for payment those vouchers included and further
described as follows: Warrants Nos.3443, 34454 and 3459S
through 34731 in the total amount of $349,815.10 and Regular
Payroll in the total amount of 8314,658.66.
COUNCIL MEMBFat P~PORTS
Mr. Johnson expressed how pleased he was to see planning
efforts since 1983 coming to a reality with the the cable
televising of Council meetings to commence by March. Also,
the Kitsap Neighborhood Association held a meeting last week
with Arvilla Oh/de, Parks Director, as key speaker giving an
update on the Kitsap Lake Park plan. Ms. Ohlde gave an
excellent presentation and the only major concern had to do
with the closeness of the boating season and the fact that
no action had been taken on the proposed Lake Ordinance.
Mr. Johnson emphasized the need to move forward on the
adoption of this proposed ordinance.
Mr. Colvin reported on his attendance at the AWC Conference
in Olympia on February 17 and 18, noting that it was very
beneficial. Mr. Colvin suggested that the City become
active as leader in scheduling a "Spring Clean Up" for the
City of Bremerton.
Mr. Dawktns announced that on Thursday, February 25, the
Ferry Riders Coalition will be An Olympia meeting with all
the House and Senate Transportation Committee members. The
Coalition group is recommending that the sales tax on fuel
for ferries be removed which would bring in $800,000, and
using this source of' funding for enhancement of ferry
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City Council Reg. Mtg. Minutes
February 24, 1988
Page 2 of 8
services in the Bremerton and Winslow areas - providing
approximately 22 hours of continuous ferry service over
Puget Sound.
Mr. Collins reported that he artended the annual meeting of
the Bremerton/Eitsap County Visitor and Convention Bureau,
noting that it appears that the pressure put on the VCB by
the City previously has caused them to develop into a well
run group and making them try to become self- supporting.
Mr. Overson reported that he had an opportunity to tour
cable access facilities along with Jim Brontoli and was very
favorably impressed with Mr. Brontoll~s expertise and
commitment to the program. On February 19 Mr. Overson
artended a Prtvattzation conference in Olympia and found it
very educational - main emphasis was for a city to determine
what its needs were and method to accomplish it. An example
given was Bremerton's undertaking a "garage" project and its
success...other cities have tried this but were not always
success. Mr. Overson complimented the Mayor and City staff
for excellent management of the City's 1987 budget which
reflected a savings and came in at 94~ of budget.
Mr. Crutcher reported he had met with a number of
neighborhood people to discuss clean up of the CIty, crime,
etc. Mr. Crutcher presented the idea' of two Council
Districts meeting quarterly and working together on projects
to improve the City. ',-
Mrs Hotton reported that she had been in contact with Dave
Baker, City Engineer, discussing the possibility of forming
a neighborhood advisory committee to assess street
conditions within their own district. She indicated this
may be something other district may want to consider. Mr.
Baker indicated that this would be a value service to the
City Engineering Department and Street Department.
Mr. Horntna reported that the Ad Hoc Committee, created by
Council on February 17, had met and developed a 10 point
notification outline which would be developed for further
discussion. The Committee meeting was well artended by both
those appointed and interested citizens. The next meeting
of the Ad Hoc Committee is scheduled for March 2, 3:30 PM,
in the Council Conference Room - at which time the general
ideas will be developed into specifics.
Mr. Walbel announced that the Counc11 meeting was being
taped but would not be alred until two trlal taptngs had
been completed. Also, Mr. Watbel artended the AWC
Conference in Olympia on February 17-18 and stated that the
Governor had stated in hls speech to the Association of
Washington Cities that he would not allow any legislation
to pass which would requlre expenses by the cltles that dld
not include some revenue being given to the cities.
However, later It was 'announced that there might be
exceptions to that statement. Mr. Walbel reported that last
Friday evening he artended the last game that would be held
in the old Bremerton High School gym as well as the last
game to be coached by Coach Les Eathome. As an additional
note to the report on the Visitor and Convention Bureau...
membership ls up 49~ over the 1986 membership. Lastly, Mr.
Walbel had the opportunity today of riding in one of the
CltV's new police vehlcles - two of the vehlcles are in the
City and the remainder are at the car dealership in Bothel.
PUBLIC RECOGNITION
TAPE #523
Clty Councll Reg. Mtg. Minutes
February 24, 1988
Page 3 of 8
Becky Lorber, Bremerton Senior Center, 1140 Nipsic,
personally invited Council members to participate in the
Senior Pool Challenge to be held March 17 - an Irish dinner
will also be served.
Mayor Gene Lobe announced that he had authorized overtime
in order to get four additional Police vehicles on the road.
He also had an opportunity to ride in one of the new
vehicles and stated that it handled very well.
Roy McGinnis, 2711v Maple Street, reminded Council members
that this is Black History Month and challenged them to
attend the closing program to be held at Olympic College
Student Center Gym on February 28. Mr. McGlnnis announced
that on March 12 a Drill Team Competition will be held at
the Central Kitsap High School Gym - bringing drill team
units from throughout the state as well as local Marine and
sailor groups. Mr. McGtnnis noted that he would be acting
as a Judge for this event and efforts will be made to try
and coordinate cable televising/taping of this event. Mr.
Johnson pointed out that if the event was video taped other
communities, who may be represented, could obtain a copy of
the tape for viewing within their own community through
their local access channel.
Georae Allen, 1300 N.E. Dawn Rd., expressed concern as to
the installation of the new heatlng element in Clty Hall and
suggested that someone ~,check to see if ,lt was installed
correctly. Also, Mr. Allen stated the need to educate the
publlc as to how City' government works and should be
included in the. information provided for advertising the
new proposed Zoning Ordinance. He noted that he disagreed
with portlons of the proposed Zoning Ordinance - that the
definition in the Building Code should be the same Zonlng
Ordinance - why have two deflnlttons...he used basements In
homes and manufactured houslng as examples.
#0795
6A - ADDErilIUM #4 TO GENERAL TEAMSTERS UNION LOCAL 589 (1988
WAGE COLA), #AB88-055
After four (4) months of negotiations, the Teamster's Union
Local 589 (non-uniformed employees) and the City have agreed
to a three percent (3~) 1988 Cost of Living Increase to base
hourly pay. Additionally, the Wage Grade of the Combination
Building Inspector has been adjusted from Wage Grade 12 to
Wage Grade 14.
Dave Hiestand, Personnel Director, stated ~hat the only item
opened under the contract was "wages" and the reflected pay
raise would amount to 8?3,320.00. The Combination Building
Inspector position is somewhat unique in this City and
after review it was determined that the wage grade needed to
be adjusted to Wage Grade 14.
Mr. Overson commended the City staff who worked very
laborious on this proposal and appreciated everyone's effort
to make it happen.
Mr. Crutcher pointed out that the 1988 Federal Government
cost of living increase was 2~ and the President is
proposing a 2~ raise for 1989 - the City is in line with
what others are doing.
M/S/C/U(Colltns/Horning) to approve Addendum #4 to the
Teamster's Local 589 Contract allowing adjustment of base
pay and changing the Combination Building Inspector Wage
Grade to 14.
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CIty Council Reg. Mtg. Minutes
February 24, 1988
Page 4 of 8
#0872
6B - SET DATE FOR ANNEXATION ACTIONS - SINCLAIR PAIt~ UTILITY
PROPERTY~TION, #AB88-056
The City, represented by Mayor Lobe's signature, is prepared
to petition the City Council for annexation of Water Utility
owned lands south of the City~s boundaries. State law
requires that City Council:
1. Accept a petition from owners of 10~ of the land value
to commence annexation.
2. Approve a petition from owners of 75~ of the land value
to accept annexation; and
3. Approve first reading of the ordinance implementing
annexation.
M/S/C/U(Colvin/Colltns) to set March 9, 1988, at not earlier
than 6:30 p.m., at Bremerton CIty Hall for the date and
place for a meeting with the Initiating parties of the 10~
Notice of Intent for Sinclair Park utility Property
Annexation; and that we set the same date and place for a
75~ hearing and first reading of the Implementing ordinance
accepting the referenced annexation.
7A - ORDINANCE (FIRST ',ItEADING) AMENDING ORDINANCE #3887
RELATIN8 TO CITY UTILITY CAPITAL IMPROVEMKNTS AND RELATED
PROJECT FINANCE, #AB88-057
The capita/ Improvement :programs of the Ctty~s Water and
Wastewater Utilities, as~ previously approved, call for the
series of capital projects shown in Exhibit A. In order to
arrange the necessary financing to carry out these
improvements the existt'ng ordinance needs to be amended to
include the updated schedule of projects presented.
/
/ .
Mr./Colvln requested the City Treasurer to explain the
benefit of this action. Rich Hanna, City Treasurer, stated
this ordinance would be the latest of three amendments
authorizing both interim and long-term financing of capita/
improvement projects for both Water and Wastewater
Utilities. This ordinance was last amended by Ordinance
4053./ The proposed ordinance'updates the lists of projects,
which are attached to the ordinance as Exhibit A, to embrace
the current projects that are contemplated by the capital
improvement projects of the two utilities of the City. Mr.
Hanna stated that the most recent copy of Exhibit A was
~hat which was made a part of Ordinance #4053, passed in the
spring of 1986.
Mr. Dawktns questioned if this would complete all the
necessary operations for the new plant? Mr. Hanna stated
the capital projects embraced in the latest update of
Exhibit A deal with both the capital projects of the Water
and Wastewater Utilities. He doubted if it would be the
final amendment required. Capital Improvement programs of
both utilities are on going construction, particularly with
the Wastewater these would be the last large scale grant
funded capital improvement projects undertaken by the
utility in the future.
Mrs. Horton questioned the differences between this proposed
5-year CPI plan and the Street Department's 6-year Plan and
could they be coordinated with the same time line? Bill
Duffy, Utilities Director, explained that the utilities run
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City Council Reg. Mtg. Minutes
February 24, 1988
Page 5 of 8
#1089
on a 5-year Comprehensive Plan as mandated by the
Department of Social and Health Services and there will be
coordination efforts with the Street Department in carrying
out the plan. Mr. Horntnu stated that the State also
mandates that the transportation element is a 6-year plan.
Mr. Crutcher questioned if the current portion of the
project is in the uttllty~s budget? Mr. Duffv stated yes,
they are included.
Mr. Johnson questioned if a new 5-year plan is about due?
Mr. DuffV stated that the Water Comprehensive Plan is due
this year, however, with the Safe Drinking Water Act
amendments and a number of the items going on in respect
to ground water management he has petittoned the Department
of Social and Health Services to extend that date and they
have agreed to do so pending flnalizatton of the new
amendments of the new Safe Drinking Water Act and they would
like those Included in the new plan. Hopefully it will be
a couple more years before it is required.
\
M/S/C/U(Johnson/Colvtn) to approve ordinance, on flrst
reading, relating to the combined water and sewerage system
of the City and amending Ordinance #3887, as amended.
7B - ORDINANCE (FIRST READING) PING HEARING EXAMINER
ORDINANCE #3960, #AB88-058
Thls ordinance amends the Hearlng Examlner 0rdlnance to
streamline the appeal process by: (1) eliminating appeals of
the examtner's decision to City Council; (2) broadening the
Jurisdictional section to allow a decision rendered; (3)
broadening the Jurisdictional section to allow Council to
selectively Incorporate the hearing examiner process into
other sections of the Municipal Code; and (4) transferring
the responsibility for document circulation from the City
Clerk to the parties to the appeal and the examtner's
office.
Mr. Cater, 106-B Oak, spoke in .opposition to the proposed
ordinance citing the City Council should retain the greater
responsibilities and the Hearing Examiner less.
Roy McGtnnls, 2711 Maple Street, questioned if the Clty
currently had a Hearing Examiner? Eathleen McCluskeV, City
Clerk, stated yes, that the City has hired an attorney to
serve as Hearing Examiner.
W. J. Warren, 2820 Stephenson, spoke in opposition to the
proposed ordinance citing that he did not approve of taking
away an appeals process that would allow a citizen to make
an appeal at no cost and substitute an appeal process that
would require additional expense be incurred. Ian Sievers,
City Attorney, outlined the current process whereby the
Hearing Examiner could defer a hearing to the Municipal
Court at a fee of $28.00. However, the .general ordinance
already has the $78.00 appeal fee which does not cover all
the City's expense in hearing the appeal but is an-amount
that hopefully. would discourage frivolous appeals. Mr.
Warren questioned if there isn't a law that protects the
public from having to pay? Mr. Sievere stated that there is
not a right to administrative appeal at a/l, however, an
extra right is being provided by the City. Currently if a
citizen would want to contest some administrative act
without this administrative remedy it would have to go
through Superior Court. Under the proposed ordinance a
TAPE #823
City Council Reg. Mtg. Minutes
February 24, 1988
Page 6 of 8'
process is being provided to review the matter at a lower
cost to the citizen. Mr. Overson emphasized that this
process was a "last resort" in trying to work out the
problem after exhausting efforts through the appropriate
departments, and is a way to expedite a legal concern.
Cecil McConnell, 3245 Elmira Drive, spoke in opposition to
the proposed ordinance, particularly to the issue that the
City Council would be abdicating their responsibility to the
citizen if they approved the ordinance.
Mr. Dawkins questioned the $75.00 fee and what would the
publication cost amount to? Eathleen McCluskey, City Clerk,
explained there would not be the need for public
notification ...that the processing and handling of papers
plus the Hearing Examiners time would amount to more than
the $?8.00 fee.
Mr. Johnson emphasized that at the original passing of the
ordinance it was pointed out that the City Council could be
taken out of the picture on the appeals process and to be
aware that efforts could be made to expand the Hearing
Examiners responsibilities and developed into a full time
position. In no w~y did he support taking the appeals
process away from the City Council. Mr. Johnson stated
emphatically that if the City Council can create
legislation, then they should be allowed to interpret the
Ctty's laws.
Mr. Crutcher stated that~ it was his understanding that in
some instances there was need for a legal decision and
could be best carried out through' the Hearing Examiner
process. Mr. Sievers stated that the Hearing Examiner
would be best suited to handle those quasi judicial hearings
on subjects where Judgments can be made on an administrative
action by evaluating facts under a specific set of criteria
set out by the City Council through an ordinance. A quasi
judicial hearing affects named parties, testimony is given
under oath, requires a record of proceedings, and produces a
product of Findings of Fact and Conclusions.
Mr. Colvin emphasized the importance of leaving open the
opportunity for appeal to the City Council on a case- by-
case basis and to not put it in such a mandated manner which
could stifle citizens from making an appeal.
Mr. Hornina pointed out that very few issues have come up
before Council in the areas discussed and the citizens are
most concerned with such things as water bills and the City
Council is still in the chain whereby they can be involved
actively. Legal issues that would come before a Hearing
Examiner should be judged on a legal basis not an emotional
basis.
Mr. Overson related a personal experience he had in bringing
an appeal before the City Council and felt that. due to it
being a legal question would have been better handled by a
Hearing Examiner who would have dealt with the legal issues
and made a decision on that basis. Therefore, he believes
that the proposed ordinance is in the best interest of the
citizens.
Mr. Crutcher suggested that the Council take some time to
review and further study the Hearing Examiner issue.
TAPE #523
City Council Reg. Mtg. Minutes
February 24, 1988
'Page 7 of 8
Mr. Dawktns questioned how many appeals had come up in the
past five years? Ms. McCluskev stated that to her knowledge
Just Mr. Overson's appeal and a few regarding sauna parlors.
Mrs. Hotton pointed out that our Country is governed with
checks and balances - executive branch, legislative branch
and that through the proposed process the citizen is not
being cut off from pursuing all avenues prior to legal
resolution, however, if all efforts are exhausted then they
do have the right of appeal.
Mr. Waibel pointed out that a number of changes are being
introduced in the ordinance which are of significant benefit
to the citizens and should not be held back because of the
disagreement on the Council appeal issue. Therefore, he
suggested voting this motion down and introduce another
motion that everyone can agree on.
#187S
M/S/F(Collins/Johnson) moved to disapprove ordinance, on
first reading, amending Hearing Examiner Ordinance #3960.
Vote: In Favor: Collins, Colvln, Johnson
Oppose: Overson, Crutcher, Horton, Homing,
Watbel, Dawkins
Motion Fails.
Mr. Johnson stated that clearly this is one of the poorest
pieces of legislation to come to City Council and the right
of appeal to the Council should not be taken away.
Mr. Collins pointed out that it is very unlikely that an
appeal of a Hearing Examtnerws decision to Superior Court
would cost less than the $78.00 fee and by approvlng the
ordinance the City Council would be abdicating their
responsibility.
#3100
M/S/F( Horntn~/Overson) called for the previous question to
cease debate.
Vote: In Favor: Overson, Horton, Homing, Dawktns
Oppose: Colvln, Johnson, Crutcher, Collins
Abstain: Walbel
Motion failed - requires 2/3 vote.
#2360
M/S/C/(Hornlng/Overson) to approve ordinance, on
reading, amending Hearing Examiner Ordinance #3960.
first
Vote:
In Favor:
Oppose:
Overson, Hotton, Homing, Dawktna,
Watbel
Johnson, Collins, Colvin, Crutcher
PUBLIC C~
Robert Spencer, 119 Burwe/i, brought a message to the
leaders of America - that it is their responsibility to keep
our country good and clean with honesty and high moral
standards, love for one another and caring for those who
need assistance.
With no furthe~ business meeting adjourned at 7:15 p.m.
TAPE #823
Clty Councll Reg. Mtg. Minutes
February 24, 1988
Page 8 of 8
EATHLEEN L. MCCLUSKEY, CITY CLERK
HANK WAIBEL, Councll President
City of Bremerton
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