HomeMy WebLinkAbout08/24/88#567
UNAPPROV)D DR/FT
CITY COUNCIl, MEgTING MINUTES
AUGUST24,-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, August 24, 1988 at 5:30 p.m.,
with Council President Hank Waibel presiding. Council members
present were Lon Overson, Spencer Horning, Morrie Dawkins,
Shirley Marry Crutcher and Russ Johnson and A1 Colvin. Council
members Lynn Horton and C.R. "Tiny" Collins were absent. Also
present were City Attorney Ian Slavers and Deputy City Clerk Gil
Johnson.
The meeting opened with the Pledge of Allegiance led by Council
President Hank Waibel and Invocation was given by Councilman A1
Colvin.
,033
1056
CONSENT AGENDA
A. Minutes of Meeting held - August 10, 1988, #AB88-205
M/S/C/U(Horning/Crutcher) to approve Consent Agenda as presented.
CLAIMS/WAE~ANT EEGZSTERS
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 August 24, 1988, the Council does
approve for payment those vouchers included and further described
as follows: 38218 through 38321 in the total amount of
$126,926.79 and Regular Payroll in the total amount of
$338,689.72.
President Waibel announced that
agenda for an indefinite period.
Item 6A had been pulled off the
COUNCIL MEMBER RBPORTS
Mr. Johnson presented Mike Bond, Legislative Intern, a
Certificate Of Appreciation for his service as Council
Legislative Intern for two years. Mike was commended for his
outstanding efforts, particularly in the areas of assistance to
the Council Ad Hoc Charter Review Committee and enhancement to
the Council Computer System and Bulletin Board Program. Mr.
Johnson noted that through the excellent work by Mike and Todd
Corelli the summer intern program has proven to be a very
valuable tool to the City Council as well as other departments
within the City who participated in the intern program.
M-ike Bond thanked tire City Council for giving him the' opportunity
to participate in the intern program and expounded briefly on the
effect this experience has had on him and how it has broadened
his perspectives of future careers, such as law, municipal
services, etc.
Mr. colvin applauded Mike Bond on the outstanding
accomplished and particularly thanked him for
responses to requests and wished him "God speed".
work he had
the prompt
Mr. Dawkins commended Mike Bond for a job well done. He
announced that two events were to take place on Lions Field over
Labor Day weekend: (1) wind surfing championship race; (2) annual
Bath Tub Race.
Mr. Overson noted that the City Council started the Intern
program and has proven to be an excellent test by the success of
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Mike Bond and Todd Corelli.. Fiscal and Budget Committee met on
Tuesday where many things were-discussed includinglparking.- He
noted that the Council's 1989 budget would be formulated very
soon and if Council members had any additional information please
let him know as soon as possible.
Mr. Crutcher statedhewould be sorry to .see Mike Bond leave as
he has been a real asset. During the Council Operations
Committee meeting a presentation-was made on "parking and parking
revenues", which he felt was an excellent plan and one that could
benefit the citizens of Bremerton and alleviate some of the
problems encountered.
6B - APPOINTMENT TO THB BREMERTON. HOUSING AUTHORITY THONAS
ROSEBRAUGH, $AB88-207'
The term of Thomas C. Rosebraugh expired on July 21, 1988. Mayor
Lobe recommended reappointment to another five year term.
Mayor Gene Lobe noted that Mr. Rosebraugh is currently serving as
Chairman of the Bremerton Housing Authority and had brought a
great deal of dedication and service to this Board during his ....
earlier appointment and strongly recommended his reappointment.
Mr. Hornin- stated that
who guide this City
counts.
Thomas Rosebraugh
function well and
is one of the people
his actions are what
M/S/C/U(Horning/Crutcher) to approve the reappointment of Thomas
C. Rosebraugh to another five year term on the Bremerton Housing
Authority Board.
PUBLIC.R~COGN-IT. tON
Euth Davies,-1511 Park Avenue, voiced her objection over the City
allowing amplifiers to be used-during an event at Evergreen Park.
She expressed her displeasure-that her privacy within her own
home had been invaded. She noted that events such as the Tacoma
Symphony were welcome- because they provide~- -pleasant
entertainment for those in the park and surrounding area.
Mayor Gene-Lobe-- urged the City Council to work wi-th-Brem-Air
Disposal Inc., in an effort to make it possible for the citizens
of Bremerton to have the .opportunity to utilize the Dura Can
garbage receptacles. He did not support it being mandatory,
however, he was in favor of extending the current contract for an
additional period of time in order that Brem-Air Disposal, Inc.,
could reclaim costs involved with providing Dura Cans.-
Bill Mahen, Kitsap County Commissioner, extended an invitation to
everyone to attend the Kitsap County Fair and Rodeo which has
just started. He noted that the fair has-a new look with two new
exhibit buildings plus use of the Pavilion. Also, the parking
is free this year which has- helped do away with long-lines of ·
vehicles waiting to get in. He noted that the Rodeo competition
entrants have surpassed Ellensburg's event and it should be a
very exciting event.
Roy Mclnnis, 2711 Maple Street, expressed his frustration with
the Bremerton Police Department's effort to help him view items
in the "Police Property Room" for identification. He was not
happy with the response that no one was available to help him if
he called or came in after normal daytime work hours. He noted
that when finally Lt. Plumb came to his assistance it was found
that there are only two keys to the Property Room and both
individuals who had keys were unavailable to bring them in to the
office. Mr. McInnis did not feel this was the propor way to
manage an office and he stated if this ever happens to him he is
going to "pitch a tent" outside Mayor Lobe's door until he get
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some assistanceor satisfaction.
Lt. CDl Jan. ice---Ha~mes,. Sea Cadets, requested the City Council's
permission to allow the Sea Cadets to adopt a portion of the
sidewalk - east side of--Pacific between Burwell and 4thetreat-
to clean and maintain it. The Sea Cadets will be looking to
other organizations joining-them in similar-activity. .... President
Waibet referred follow up action to Merilynn Erhart-, Council
Legislative Assistant.
6C - BUDGET-AD~USTMBNT--F~--COMMUNtCATtONS *DEPAa..TMENT---t4~t88-20.8 '-
The proposed budget adjustment will transfer the maintenance
electrician position from the Water Department to Communications.
Off setting revenues will be produced through increased billable
work done by the Department.
Rich H.T~e-,.. C.it~: Treasurer, explained the proposed .budget
adjustment represented no-' increase to the City.'s budget-bUt
proposing transferring position and related salary and-benefit
dollars from the Water Utility to that of the Communications
Department. In large measure, the increased cost to the General
Fund will be off .set by work that will be one-on a-cost
reimbursable basis for the Water Utility. Additionally,-the .....
individual assigned will do other reimbursable work under
current contracts with Kitsap County and private-entities.
Nro Ovef~ reported that this issue had been discussed
extensively by the Fiscal and Budget Committee and recommended
approval. He noted the primary reason for the request- is better
-utilization of the resource. Funding for this position for 1989
will be included in the'~-departmental budget;
Ken Brees,-:Street Superintendent, stated this:: does fill the
authorized Foreman position within the Department and it is
better utilization of an electrical person, keeping them group
together where duties can be shared as well as providing back up
for each other.
M/S/C/U(Overson/Colvin) to approve transfer of position and
funding as described in BuGget Adjustment Request No.-24.
6D - LEASE AGREEMENT COMMUNICATIONS SITE McCAW CELLULAR
COMMUNICATIONS..INC. #AB88-209
McCaw Cellular Communication, Inc., has been granted a franchise
by the Federal Communications Commission to operate a cellular
telephone communication system in the Kitsap County area.
A lease agreement is proposed between the- City and McCaw for
lease of a parcel of property from the Utility for construction
of a communications tower and related appurtenance.
The parcel of property is located NW1/4 of Section 29, Township
24 North, Range 1 East, Willamette Meridan, which is situated
south of the west end of Werner Road and east of Alexander Lake.
Revenue generated
$300.00/month and
Acquisition Fund.
from this lease
will be retained in
will be approximately:
the Water Utilities Land
Puget Power Easement Request is also
approval.
submitted for Council
Bill Duffy, Utilities Director, stated the proposed site is
adjacent to a recently constructed tower of a competing firm and
is located east of Alexander Lake. A site plan was provided for
Council members review.
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Mr. Overson expressed concer~' that the agreement was somewhat
open as to uses and purposes and questioned if there would be
further steps taken to check on activities at the site?
Duffy pointed out under Item 2. Uses and Purposes defines~the use.
of the premises as well as any subleases and any change would
have to come back before the Council before it could be changed. -
Mr. Hornina noted the proposed lease was for a 10 year period and
questioned if it was similar to other 10 year leases held by the
City? Inn Slavers,.- City Attorney stated yes, it was similar to
others leasing tower space on Utility properties. Mr. Hornina
questioned if :it was meant to be one portion of a cellular
network in this area? Mr. --Duffy explained that two-competing
companies that have been granted franchises throughout the County
- they have attempted to erect towers in both north and south end
of the County. --
Mr. Dawkins :questioned if there could be as many as 6 subleases
on the tower. Mr. Duffv stated,:.yes, however, it would depend
upon the type of equipment installed. Mr. Dawkins questioned if
there would be a chain link fence around the area? Mr. Duffy
noted the previous::: facility had a chain link fence thereby
creating a secured area.
President Waibel stated that item of the need ~or a Special Use
Permit in that area had.not been introduced before this point and
it does in -affect restrict ,potential problems that might be
introduced if the restrictions were not include. .Mr. Duffy
stated that under current and future zoning these types of
activities require a Special Use Permit.
Mr. Cruteker expressed concern over the City limiting rent
increases to 4%. Mr. Du=Z~ explained this was part of the
.negotiations and is based. on a CPI up to 4~ maximum. And, in
'exchange for that the City has some conditions to receive
subsidies on any subleases at 50% value so the City has continued
use of the facility and at the end of 20 years at the City's
option the .facility could become -:City property. Mr. Horni-n~.
noted the reason for the long-term lease is capital investment
and the City does have included in the agreement escapes if
~eeded. :,
M/S/C/(Horning/Dawkins) to approve the lease agreement for lease
of real property from the Water Utility for the construction of a
cellular telephone communication facility subject to the terms
and conditions of the attached agreement and Municipal~
Administrative Policy and Procedure and authorize the Mayor to
execute said lease agreement. -:
Vote:
In Favor:
Abstain:
Overson, Horning, Waibel, Dawkins,
· Colvin, Johnson
Crutcher
6E - PROPOSED CITY.CHARTER CHANGES, #AB88-310
On March 30, 1988, the City Council established the Ad Hoc
Charter Review Committee and tasked them to review the City's
current Charter and present recommendations for change.
The proposed changes to the City Charter entail six ballot titles
related to four sections of the City Charter. The four sections
are: Section 7 (Vacancies); Section 16 (Ordinances...when
effective): Proposed Section 40 (Boards & Commissions - member
qualifications); and Section 23 (Finance).
The City Council shall consider each ballot title to be submitted
to voters for approval in the upcoming November General Election.
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Mr. Johnson, Chairman Ad Hoc Charter Review Committee, briefly
outlined the formation of the Ad Hoc Committee and composition of
the membership. He read into the record a Certificate of
Appreciation to each of the Committee members.which included:
Louis Soriano, Robert Moore, Terry Bow, Aaron Howard, Victor
Ulsh, Mrs. Wanda Mosbarger, Scott Wetzel, Carl Rhodes, C. M.
McConnell, E. L.. Sturdivant, Jim Adrian, Elizabeth Buell.
Mr. Johnson briefly reviewed issues that were researched end
carefully considered by the Committee but did not make the final
cut...those included: separ&te the Personnel Director and Civil
Service Secretary position (not considered as it was felt it
could be handled by ordinance); review Public Works Department
section of the Charter and reorganize it (Committee felt it could
be defined by ordinance); rewrite the whole public health and
safety portion of the Charter (Committee-determined that the
Finance Section was in more need of change than other chapters);
clarifying the differences between Franchises and Contracts;
discussion on Council member election at large~ discussion on
Municipal Judge not approving appointments and confirmations~
delete non-uniformed employees from Civil Service System~
clarify bonding requirements for City council members~
discussion whether Mayor was full time or required a certain
number of hours worked; change property tax authority to match
RCW; rewrite the entire Miscellaneous Section; provide a time
limit for Council to have authority to amend initiative
ordinances~ change the composition.- of the Audit Committee; and
provide a means for the Council to limit the firing of
Administrative Heads.
Mr.-~ Johnson .... outlined the voting process used by the Committee
members to determine the recommended 6 Ballot Titles.Mr. Johgeon
presented the Ballot Titles =with Mr. Bond prese~ting the
pros/cons as follows: .=.
1) Add a section to the City Charter requiring the removal of.
· an elected official upon. a plea of guilty to a felony:
Pro: a. Enables-the City to take immediate action to remove
felons from office.
b. Reduces the time that constituents are left without
proper representation. ---
(2) Modify the City Charter to require all members of City
boards and commissions established by ordinance or Charger to be
residents of the City unless otherwise stated in the ordinance or
Charter: _
Pro: a. Ensures that City residents are in positions of
responsibility.
b. Ensures that City policy makers reside within the
=community affected by their policies.
c. Board and commission members are more likely to
interact with the community.
d. Increased participation by citizens in their
government.
Con:
a. Non-resident property owners and business persons
would not be represented on certain boards and
commissions.
b. Council may exempt the residency requirement for too
many boards and commissions.
c. himits the population to select qualified board and
commission members.
(3) Revise the Finance Section of the City Charter to summarize
the original Charter language and to reflect State law and the
Mayor-Council form of government:
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Pro:
a. Brings Charter in line with State law.
b. Clarifies the Mayor's authority as the chief executive
officer regarding financial matters.
c. Ensures that the appointment of the City Treasurer will
be confirmed by the City Council.
d. Format conforms better to the format of the Charters of
other cities'.
Con. a. Relies on State law for minimum financial controls.
(4) Add a: procedure to the City Charter for filling a vacancy of
the Mayor and modify the City Charter to clarify the procedure
for filling the vacancy of a Council member:
Pro: a. Provides a means for filling the vacancy of the Mayor
in the Charter.
b. Clarification of procedure for filing vacancy of
Council Member. Easier to understand.
(5) Modify the City Charter to redesignate the City Attorney as
l=an ex-officio, non-voting member of the City Audit Committee:
Pro: a. Voting members of the Committee will be all elected
officials except the citizen representative.
b. The City Attorney is classified as an ex-officio member
to all boards and commissions and therefore would still
be available to the committee.
Con:
a. Result in an even number committee with the-potential
for tie vote.
(6) Modify the City CHarter to allow the City Council to change
the waiting period for an ordinance to take effect from 30 days
to no less than 10 days:
Pro: a. Allows quicker response by Council to citizen concerns.
b. Provides an alternative to improper use of emergency
ordinance.
c. Clarifies that only emergency ordinances will take
effect immediately.
Con:
a. Has the potential to reduce the time citizens have to-
challenge: an ordinance before it becomes effective.
b. Council can abuse this option by applying it to non-
time sensitive issues.
Mr. Johnson suggested.~that the Council delay taking a final vote
for one week which would give the Council time for future study
as well as giving the public additional time to make comment.
Terry Bow, 1930 Snyder,:-stated due to his being absent for the
Committee's last meeting he was glad to see that the Committee
had included under "filling Mayor vacancy" that it be done at the
next General Election. He noted the importance of filling a
vacancy in a timely manner as well as placing it before the
voters to decide.
Carl Rhodes stated he felt the Committee very fortunate
to have Mr. Johnson as chairman of the Ad Hoc Committee.
Mr. Johnso~ briefly outlined action taken by the Committee on
the issue of non-uniformed employees being deleted from the
Civil Service System. He noted every effort was made to hear all
sides of the discussion and even went so far as requested a past
Civil Service Commissioner to speak to the group, Doug Bush Union
Representative, and a number of City employees as well as
management. Committee decision was not to pursue this issue at
this time, however, he noted there is potential to carry out such
action out if long-term planning and Union negotiations are
undertaken. Another issue was that almost made the priority list
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was the issue on Municipal Judge being elected vs appointment.
Mr~ Johnson noted that upon investigation eligible voters there
were only 10 attorneys residing in the City of Bremerton, which
would make the list of candidates for this position very
limited.
Mr. Hornina, as a member of the Ad Hoc Committee, recognized the
dedication and willingness to accept debate amongst the members
and he urged the members of the Committee to talk with Council
members who were not participating on the Committee to let them
know what is important to the citizens of Bremerton and how it
was dealt with via the Committee.
Mr. Crutcher noted the dedication and long hours put in by the
Committee, however, he expressed concern over the issue of Audit
Committee...requesting what other City in the State had an Audit
Committee and the Auditor being able to be removed from office by
a majority of that Committee - what happened to the other seven
members of the City Council? Secondly, he did not support the
City Attorney being on any committee or Board as he should just
be available for legal opinion.- Mr. Crutcher also expressed
concern over the residency requirement for boards and commissions
but waiving it in some instances, such as the "Auditor" shall be
a resident of IKitsap County".
Mr. Colvin invited Carl Rhodes to 'address the Council. Carl
Rhodes, member of the Ad Hoc Committee, noted that the questions
raised by Mr. Crutcher had already been extensively addressed by
the Committee during its deliberations and stated his concern
that the Committee's actions would be questioned as to their
decision on the recommended ballot titles.
President---Waibel suggested a change in wording under Section 16,
last sentence..."...in which event they shall take effect at
such fixed (delete "later") date" since it could also mean
earlier as well.
Mr. Dawkins expressed concern over the=proposed residency
z3quirement for boards and commission, noting that he shared
Mayor Lobo's coacern over finding volunteers and also leaving out
Bremerton business owners who may live outside the City. He felt
it was excluding individuals who are very devoted to the City
and would be an asset to the City.
Mr. Colvin noted that currently the City has people who live
outside the City making decisions for the City... employees...
and he suggested there was room for those with a vested interest
in the City as well as those living in the City to serve on
boards and commissions. Mr. Johnson briefly reviewed a number of
first class cities that have dealt with this issue in a variety
Of ways - some with exclusive membership to City residents, other
not. And, on the Audit Committee, to his knowledge there is not
another City in Washington with such a Committee, however, the
reason it was established was to provide an effective internal
Audit program with neither the .... Administrative or Legislative
bodies having control and to keep the Auditor out of a political
arena.
Mr. Colvin supported the Audit Committee, however, he felt that
the City Auditor should make reports before the City Council, in
public.
M/S/C/U(Colvin/Johnson) to continue this item for one week.
7A - ORDINANCE #4169 (SECOND READING) AMENDMENT OF B.M.C.
2.40.180 AND ADDING NEW SECTION FOR USE OF ACCRUED SICK LEAVE TO
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CARE FOR MINOR CHILDREN, #AB88-203
Roy McInnis, 2711 Maple Street, supported approval of this
ordinance and urged Council to take positive action with out
indulging in a length discussion as they had during first
reading.
M/S/C/U(Johnson/Horning) to approve Ordinance 4169, on an
emergency basis, allowing use of sick leave accrual for health
care for minor children, amending Chapter 2.40 B.M.C.
With no further business meeting adjourned at 7:12 p.m.
LEEN L. MCCLUSKEY, CITY CLERK
APPROVED
HANK WAIBEL, Council President
City of Bremerton
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