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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 )391 TAPE #567 City Council Reg. Mtg. Minutes August 24, 1988 Page 2 of 8 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 204 TAPE #567 City Council Reg. Mtg. Minutes August 24, 1.988 Page 3 of 8 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. 500 TAPE #567 City Council Reg. Mtg. Minutes ---August 24, 1988 Page 4 of 8 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. TAPB #567 City Council Reg. Mtg. Minutes August 24, 1988 Page 5 of 8 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: TAPE #567 City Council Reg. Mtg. Minutes August 24, 1988 Page 6 of 8 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 .PE #568 )293 TAPE #567 City Council Reg. Mtg. Minutes August 24, 1988 . Page 7 of 8 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 05 TAPE #567 City Council Reg. Mtg. Minutes August 24, 1988 Page 8 of 8 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 KLM/HW/me cc: Normal Distribution File/Vault