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HomeMy WebLinkAbout03/16/88TAPE #529 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES MARCH 16, 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, March 16, 1988 at 5:30 p.m. with Council Vice President Lon 0vetson presiding. Council members present were , A1 Colvin, Morris Dawkins, C. R. "Tiny" Collins, Russ Johnson and Lynn Hotton. Councilmen .Hank Waibel, Spencer Homing and Shirley Marry Crutcher were absent. Also present were City Attorney Ian Stevers and City Clerk Eathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council Vice President Lon Overson and Invocation was given by the Reverend Chris Logan of the Unity Church. #0046 CLAIM/WARRANT REGISTER 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(Colvln/Collins) on March 16, 1988, the Council does approve for payment those vouchers included and further described as follows: Warrants Nos. 35012, 35010,35011 and 35018 through 35142 in the total amount of $108,407.02. COUNCIL MEMBER REPORTS Mr. Collins did not have a specific report, however, he was anticipating seeing some of his fellow Councilmen at the pool shoot off scheduled for Thursday evening at the Senior Center. Mrs. Horton reported she had participated on a tour of Pack Forest, the Sludge Management Program through Seattle Metro and the University of Washington. She found the tour very enlightening and stated that the difference between those areas treated with the sludge and those not treated was remarkable. She indicated that if Bremerton became involved in this type of program the benefits could be overwhelmingly positive. Mr. Colvin reported he had communicated with AWC concerning Pansrams City, a housing development that had incorporated as a non-profit organization, and by so doing cost the City of Lacey several hundred thousand dollars. Bremerton needs to be aware of this type of activity which could adversely affect the'City in the future. Mr. Dawkins artended a Special Olympics 24-Hour Dance Marathon - 20-25 dancers raised approximately $5,000 in pledges. The winners of the marathon won a trip for two to Hawaii. Mr. Overson explained the absence of three Council members - Councilmen Homing and Waibel were in Washington D.C. and Councilman Crutcher was in Seattle. PUBLIC RECOGNITION TAPE #529 City Council Reg. Mtg. Minutes March 15, 1988 Page 2 of 7 Brooks SnVder, 416 S. Lafayette, voiced two concerns: (1) that the City had undertaken an investigation of his premises and his storage of display materials; and (2) the need for a senior center in the downtown area and he did not feel that the utilization of the "Bremer's building" by the Navy was in the best interest of the senior citizens of Bremerton. #0493 6A - INFOI~ATION ITEM - PROPOSED ORDINANCE - WATERCRAFT REGULATIONS FOR KITSAP LAKE, #AB88-071 An ordinance regulating the use and enjoyment of watercraft on Kitsap Lake. Resolution #2157 directed the Parks Board to develop a Citizens Committee to make recommendations pertaining to regulations for Kitsap Lake which are compatible with public safety requirements, Comprehensive Plan and the Kitsap Lake Water Quality Study. These recommendations were also to consider the maximum use enjo~nnent by the citizens of Bremerton. Jim Strait, 6530 Hatlow Drive, President of the Kitsap Lake Neighborhood Association, expressed concern that this ordinance had been delayed and urged Council to support its approval before the boating season was under way. Bob Morse, 686 Kitsap. Lake Road NW, member of the appointed Citizens Committee, spoke in favor of the ordinance noting it is badly needed and urged Council to act on it soon. Mr. Johnson stated he brought this item to Council as an "Information Item" to refresh their memory, noting that the current ordinance is better than nothing but that it needed updating and the new proposed ordinance includes coordinated effort by lake users. Mrs. Horton questioned Section 13.08.110 item (9) - does the City Council approve all events held at Kitsap Lake. Mr. Johnson explained that only those events which would close a major portion of the lake for an event would come before Council for approval. Mrs. Horton also raised the question - would the City have staff available to enforce the ordinance if approved? Vice President Overson stated that is an issue that has to be discussed prior to approving the ordinance. 7A - APPOI~NT TO HANDICAPPED ACTION CO~ITTKE - C. SUE DOWNS, #AB88-072 There is currently one vacancy on the Handicapped Action Committee. Mayor Lobe recommends the vacancy be filled by C. Sue Downs. M/S/C/U(Dawktns/Colvin) to confirm the appointment of C. Sue Downs to the Handicapped Action Committee. YB - CONTRACT BETWEEN DITCH MASTER INC., AND THE CITY OF BRKMERTON FOR CLEANING DITCHES WITHIN THE CITY LIMITS, #AB88-0~3 Due to shortage of personnel and increased workload, the City Street Department desires to contract with Ditch Master Inc., for the cleaning of ditches within the City limits of Bremerton. TAPE #529 City Council Reg. Mtg. Minutes March 16, 1988 Page 3 of ? #0653 The City, under this contract, furnishes one flag person and one laborer and the contractor furnishes the $150,000 Ditch Master Truck with operator. Ken Brees, Street Superintendent, stated that due to shortage of staff ditch cleaning is not being done at all. Mr. Johnson requested an explanation as to how th~s machine is used. Mr. Brees explained that it is a self-loading truck with a conveyor belt and rotary ditcher on it that virtually cleans and cuts the ditch and loads the material on the conveyor belt which loads it into the truck. Mr. Johnson expressed concern about citizens who have put some effort in to keeping their ditches mowed - how will this affect them. Mr. Brees stated that most of the ditches have not been cleaned for two years and there will be probably more phone calls thanking the City for getting the job done than those complaining about the work being done. Mr. Colvin questioned the total cost of the contract? Mr. Brees stated the maximum cost would be a little over $25,000 (contract maximum) - minimum of 40 hours at $160.00 per hour or maximum of 160 hours. If it is determined that the equipment is doing the job desired then the contract can be extended to the maximum 160 hours. Vice President Overson questioned if this item is in the current budget. Mr. Brees stated yes. Vice President Overson pointed out that a significant cost savings will be created and. questioned what will be done with it? Mr. Brees stated it is a cost savings in manpower and equipment which can be used in other areas, such as patching streets. M/S/C/U(Collins/Colvin) to authorize the Mayor to enter into the contract between the City and Ditch Master Inc., for the cleaning of ditches. 7C - BUDGET ADJUSTNENT - COIe~JNITY DKVKLOPNENT BLOCK GRANT FUNDS CUT 2~ BY HUD, #AB88-074 U.S. Department of Housing and Urban Development has had its Block Grant funding cut by Congress. HUD, in turn, is cutting the City's original funding by 2%. Mayor Gene Lobe agrees with the recommendations as stated above. Cecil Collins, Community Block Grant Coordinator, stated briefly the actions taken by Council since November 18, 198?...Council adopted a budget for $35?,000 for Community Development Block Grant Program and at this time HUD has given a contract for $350,000, representing a 2% cut in funding. So, at this point the Mayor and Committee's recommendation is t6 pass the 2% cut along to the Public Services agencies, Planning Administration 2% and the balance of the 2% out of Capital Improvement Projects - Waterfront Project - amounting to a reduction of $?,000. Dorothy Lee, representing Rape Response, stated their appreciation for the $13,500 funding allocated at the last hearing and they do understand Federal cutbacks and ask that the cutback not be greater than the recommended Tamie Hukill, Executive Director YWCA, passed out a brochure on the 8th Annual Run To Keep Alive. Also, she stated the YWCA still has a commitment to serve the residents of TAPE #529 City Council Reg. Mtg. Minutes March 16, 1988 Page 4 of ? #1266 Bremerton, a commitment to serve the ALIVE Shelter Program and hoped that the Council has a commitment to continue funding the program at least at the level of the 2~ reduction. Pete FlVnn, Executive Director Bremerton Main Street Association, stated his understanding of the 2~ reduction by HUD, however he is concerned that they have not received funding for 2~ months which has created a hardship and urged Council to take action necessary to expedite receipt of funds so that the receiving agencies may receive their funding. Mr. Johnson questioned which funds were cut by HUD? Mr. (Cecil) Collins stated the 1988 funds. Mr. Johnson questioned what were the balances in previous years. accounts? Mr. (Cecil) Collins stated approximately $426,000. Mr. Johnson questioned why the 2% cut would not be taken out of the previously funded.account? Mr. [Cecil) Collins stated that the previous funding is for projects that have not been complete. Also, there is a cap on Public Service dollars for each year...15% rule and 20% for administration... and you are not allowed to increase that percentage/per year. The capital project for 1988 - a total 2% is being cut out of one project to bring At into balance. Mr. Johnson questioned why the total 2% has to be cut out of the 88 projects. Don Pratt, Planning Director, stated that the City has spent all the funds we can for 1985, 1986 and 1987 up to the 15% and 20%, Public Service and ~lanning Administration projects. There are no similar types of money from previous years to put into the 1988 Public Service projects, and the City cannot spend more than 15% of the current funding in that category. Mr. Johnson questioned why we did not move some previous construction money into the construction project for 1988 and use that money to fund the rest of the Public Services? Mr. Pratt stated that the City cannot spend any more than 15% of the funds on Public Service and 20% on Block Grant administration and planning. He did indicated that some funds from past years construction projects may be put into the waterfront at some later date. Mr. Pratt emphasized that the percentage cap is on each years funding. Mr. (Cecil) Collins stated that to bring previous years construction funds forward to another years projects requires a public hearing and at this time they are not prepared to do this. Mr. Johnson stated his concern that the amount to the Public Services area was not a great amount ($2,000) and possibly it could be supported through other available resources. Mr. Pratt stated that the Adminietration's recommendation is not that the 2% funding come from another source within the City, however, Planning would respond to someone else's request to look into this matter. Mr. Johnson expressed concern that the City had not received the HUD funds yet due to the City not providing required reports. Mr. (Cecil) Collins stated the Mayor has the HUD contracts and a letter was received from HUD with the next step being Council's approval of this proposal so that checks cans be issued to all Public Service agencies within a 15 day period. It will take HUD at least 10 days to process the contract after receipt from the City. M/S/C/U(Dawkins/Colvin) to authorize the Mayor to sign and execute a contract with the U.S. Department of Housing and Urban Development in the amount of 8350,000.00 for proposed TAPE #529 City Council Reg. Mtg. Minutes March 16, 1988 Page 5 of ? activity for 1988, under the Community Development Block Grant Program; and authorize the Mayor to sign and execute contracts with the subgrantees awarded funds by Council action on November 18, 1987. Furthermore, we hereby approve the recommended budget modification and reduction of funds from the U.S. Department of Housing and Urban Development in the amount of 87,000.00. The reduction of federal funds will be passed on to the subgrantees. The following subgrantees will now receive a maximum reduction of 2~ of the previous grant award approved by Council on November 18, 1987. 1. Bremerton Main Street Association 2. YWCA 3. KCAP 4. Hospice 5. Rape Response 6. CDBG Administration Additionally, the Waterfront Pathway project will receive~,a $4,501.00 reduction from the earlier appropriate. Mr. Johnson requested that the Council Fiscal and Budget Committee look into possible funding source for the 82,000 reduced amount. #1360 8A - ORDINANCE #4149 (SECOND READING) ANNEXATION OF SINCLAIR PARE UTILITY PROPERTY, #AB88-069 M/S/C/U(Collins/Dawkins) to approve Ordinance #4149, on second reading, providing for the annexation of certain territory of the City of Bremerton and incorporating the same within the corporate limits. 8B - RESOLUTION #2208, REQUESTING THE RESIGNATION OF KITSAP COUNTY CO~ISSIONER RAY AARDAL, #ABS8-OY5 Mr. Johnson raised a point of order that this item is not under the jurisdiction of the City Council, that Council is not in the business of Judging people as a body although we are leaders and should speak out; but as far as a governmental entity as a City Council it would be outside their jurisdiction. Ian Sievers, City Attorney, stated it was difficult to put in terms of Jurisdiction or powers - resolutions can be used as expressions of their opinion unless they invoke some unlawful act and he can not say it is illegal, however, it may be considered unwise. Mr. Sievers stated he felt it was inappropriate along the same reasoning as Mr. Johnson, i.e., it does not affect the City of Bremerton as a municipal corporation as an entity - but comments on a power that rests with individual citizens. Terry Bow, 1930 Snyder, stated his personal outrage of the nature of the crime and possible permissible attitude regarding this issue; and supported the proposed resolution calling for Mr. Aardal's resignation because he believed, as a citizen of Bremerton, the City is affected by Kitsap County government. Brooks SnVder, 416 S. Lafayette, spoke in opposition to the resolution, stressing not judging someone before all the facts are known and the issue resolved. Tami Hukill, Executive Director YWCA, stated every upstanding person in the community has the responsibility to TAPE #529 City Council Reg. Mtg. Minutes March 16, 1988 Page 8 of 7 #2400 take a stance on this issue as individuals...domestic violence is wrong, sexual abuse is wrong, they are all forms of abuse and society and laws today say that it is wrong. Bert Geuner, 3040 Pawnee Drive, stated he still believes that the City Council should act collectively and voice their opinion on this issue. Pete FlVnn, 7177 Raintree Court, stated his support of the resolution, noting that as an elected official Mr. Aardal's actions do reflect on all elected officials and all of his constituency and should step down from his position. Mr. Colvin did not support this action as a "Council" action and felt that it best be handled on an individual basis recognizing the seriousness of the charge against Commissioner Aardal. Mr. Collins read an article in the Port Orchard Independent dated March 9, 1988, in which Commissioner Aardal stated he was guilty of a gross misdemeanor as charged. Mr. Collins expressed concern that there is not a question of guilt as Commissioner Aardal publicly admitted his guilt, however, he has jeopardized the faith and trust of the people that elected him and he should step down from that position. He supported the belief that the actions of elected officials reflect on all elected official and the City Council should speak for their constituency on this matter. Mr. Dawkins stated his objection to several items in the resolution and did not support the position that actions of other elected officials reflected on all elected official. Mrs. Horton stated she abhorred any sort of abuse either as an adult to adult or adult to child, but did not think this was the forum that should be used in this matter and could not support the resolution. Mr. Johnson pointed out that what Mr. Gegner did to bring this issue out was good and in someway his duty - airing the issue publicly. M/S/C(Colvin/Johnson) proposed Resolution. that the City Council reject the Vote: In Favor: Oppose: Horton, Dawkins, Johnson, Colvin, Overson Collins 8C - EI~ER6ENCY ORDINANCE ~4150, EXTENDIN8 THE AUTHORIZATION DATE FOR EXECUTIVE ON A CONTRACT FOR PURCHASE OF ELEVEN (11) POLICE VEHICLES, AMENDING ORDINANCE #4131, #AB88-076 Kathleen McCluskeV,.City Clerk, stated that the Emergency Ordinance was not on the Council Agenda, however, the prior ordinance approved purchase of 10 Police vehicles but had a deadline for finalizing financing of February 1. The City did not meet that deadline due to the vehicles not being delivered by that date, therefore two changes are being requested: (1) changing the deadline to June 1, 1988, (2) change from ten vehicles to eleven vehicles, having approved the additional vehicle previously. The emergency reasoning is that the City wants to close next week and under the current Charter it would require two readings and a SO day wait which is well beyond what the City can afford to do. An Emergency Ordinance allows one reading, publication and effective date. TAPE #529 City Council R~g. Mtg. Minutes March 16, 1988 Page 7 of 7 #3200 M/S/C/U(Collins/Johnson) to approve Emergency Ordinance #4150, extending the authorization date for execution of a contract for purchase of eleven (11) Police vehicles, amending Ordinance #4131, and declaring an emergency. With no further business meeting adjourned at 6:55 p.m. KATHLEEN L. MCCLUSKEY, CITY CLERK _A~_~~ HANK WAIBEL, Council President City of Bremerton KLM/HW/me cc: Normal Distribution File/Vault