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CITY COUNCIL MEETING MINUTES
NOVEMBER 2, 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, November 2, 1988 at 5:30 p.m.,
with Council President Hank Waibel presiding. Counci~ members
present were Shirley Marry Crutcher, Lynn Horton, Spencer
Horning, C. R. "Tiny" Collins, Morrie Dawkins, A1 Colvin and Russ
Johnson. Councilman Lon Overson was absent. Also present were
City Attorney Ian Sievers and City Clerk Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Hank Waibel and Invocation was given by Reverend
George Brown of the First Methodist Church.
CONSENT AGENDA
A. Minutes of Meeting Held - October 19, 1988, #AB88-252
M/S/C/U(Horning/Dawkins) to approve Consent Agenda as presented.
CLAIMS/WARRANT REGISTERS
Vouchers audited and certified by the
required by RCW 42.24.080, and those
claims certified as required by RCW
recorded on a listing which has been
council.
auditing officer as
expense reimbursement
42.24.090, have been
made available to the
M/S/C/U(Colvin/Horton) on November 2, 1988, the Council does
approve for payment those vouchers included and further described
as follows: 39315, 39316, 39426, 39427, 49428, 39429, 39430, and
39435 through'39558 in the total amount of $412,856.51 and
Retirees' Payroll in the total amount of $48,933.00
COUNCIL MEMBER REPORTS
Mr. Johnson made a presentation to the Subregional Council this
date concerning long range programs relating to waste management
within the County and how local governments will need to
coordinate their efforts. He felt it was well received and
raised the level of attention. The Grand Opening of the new
Kitsap Lake Boat Launch has been rescheduled for November 18.
Mr. Colvin noted the recent article in the local newspaper on
Amy Barnett in which she stated she would like to have one of
her paintings hung in every empty building (window) in Bremerton.
He is considering writing a letter to Flagship '88 requesting
them to consider her proposal. Mr. Colvin noted that we
currently have a print of one of Ms. Barnett's paintings hanging
in the lobby of City Hall and questioned why the City purchased
the frame, which was rather expensive, from a firm outside the
City of Bremerton.
Mr. Crutcher spent part of the past weekend walking through his
district and was concerned over the number of residents which are
up for sale but have broken windows and tall grasses in yards.
He expressed concern that making Bremerton beautiful is
everyone's responsibility and he hoped something could be done to
encourage people to eliminate the blighted look.
Mrs. Horton participated in the tour on Thursday, October 27 to
view waterfront projects in Tacoma and Olympia. She noted
several officials from the City of Tacoma and City of Olympia
took time out of their schedules to talk with them about their
waterfront developments. Many of the projects involved joint
public/private ventures and she also learned that various grants
are available and suggested that the City look into grants as
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options for funding sources. Mrs. Horton also reminded everyone
that Tuesday, November 8, is Election Day and encouraged everyone
to be sure and VOTE.
Mr. Horninu also participated in the waterfront tour of Tacoma
and Olympia and found it to be very worthwhile. He felt that
when Bremerton is successful with the rejuvenation of the
waterfront it will be even more of a people place then Ruston or
Olympia. Four of the Council members spent the majority of this
day at the Subsregional Council Meeting covering Kitsap Transit,
CenCom, Kitsap Sub-Regional and Kitsap County Board of Health.
Lively debates were held on budgets and a long discussion was
held on the backup communications center at the County. He
announced that not everyone may know that the County has a
complete backup for emergency services in the event CenCom losses
operation powers. He anticipates more debate on this issue and
encourages anyone who wishes to participate in that debate or
provide input, please contact the Mayor, Council President Waibel
or himself. Next Tuesday's Election - the north end will be
voting on the Transit Zone Area (Kingston and Hansville area).
He urged a favorable vote on the transit issue.
Mr. Waibel participated in the waterfront tour of Olympia and
Tacoma which proved to be very interesting, exciting and hopeful.
He noted the tour was well orchestrated and one of the benefits
was that a group of people from different interest aspects within
Bremerton had an opportunityl to get the same set of information
and ideas. At the Sub-Regional meeting a Resolution was passed
supporting improved cross-sound passenger transportation for
submission to the Department Of Transportation. There will be
hearings next month - December 17, at Kitsap County Board of
Health meeting (11:30 a.m.) on the Clinic fees and sewage
inspection fees.
PUBLIC RECOGNITION
Blake Harrison, representing Bremerton Gardens Tenant
Association, reviewed some of the past happenings at Bremerton
Gardens and provided the City Council with a brief update on what
is currently underway. He noted that the Mayor, owner of
Bremerton Gardens and now the tenants were working on an
acceptable Relocation Plan. He wanted to be sure that those who
were displaced early on in the process would not be forgotten and
some type of compensation provided to assist them in the cost
involved in relocating. Mr. Harrison provided copies of a
section of the application which Bremerton Gardens owner had to
fill out and noted that under the section addressing relocation
plan needed for current tenants that it have been answered
"none". Mr. Harrison suggested that the City should look into
passing a law which would regulate +Relocation Plans to address
this type of situation in the future. President Waibel requested
that Council receive an update report on progress of the
Relocation Plan development.
6A - OLYMPIC CABLEVISION FRANCHISE, #AB88-253
The franchise with Olympic Cablevision is for the period 4/2/85
through 4-1-95. The Olympic Cable service area encompasses
Jackson Park, PSNS and Kitsap Lake. The City charges a 54 Cable
franchise fee. The Navy also charges an annual fee in the
Jackson Park/PSNS areas of $2,529. The City has been unable to
resolve with the Navy their charging of a franchise fee in areas
that have been annexed to the City. We will continue to attempt
to resolve this issue but in the meantime Olympic Cable has
agreed to pay the difference between the Navy's charge and 5% of
gross which is approximately $9,000 annually. At this time
Olympic is (1) requesting transfer of the franchise from Olympic
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T.V. Cable, Inc., to Olympic Cablevision Limited Partnership
effective January 1, 1988, and 2) acceptance of payment of
franchise fees for the PSNS and Jackson Park areas from January
1, 1988 forward, 3) acceptance of maps including PSNS and Jackson
Park in franchise area.
Kathleen McCluskey, City Clerk, presented Council with a formal
letter from Olympic Cablevision making the above stated request.
Included with that letter was a check in the amount of $7,253.78
which represented payment of fees for the period January 1, 1988
through September 30, 1988.
Dave Dein, General Manager of Olympic Cablevision, stated as an
update - the area other than PSNS and Jackson Park they are
rebuilding a 60 channel system with backup power supplies near
the lake area.
Mr. Johnson questioned if the areas serviced by Olympic
Cablevision be getting access to Community Access Channel 29?
Mr. Dein stated he would be working diligently with TCI to
interface with Channel 29 for PSNS and Jackson Park. Mr. Johnson
questioned how long before that could happen? Mr. Dein stated he
was not in a position to give a specific date but would work
diligently to make it as soon as possible. Mr. Johnson
questioned how far the service extends.to the south end of Kitsap
lake? Mr. Dein noted the map in the Council's packet which shows
the shaded area reflects the area serviced by Olympic
Cablevision.
Mr. Collins expressed his strong opinion that the Council should
pursue a definite time frame for Olympic to interface with
Channel 29 so that other citizens of Bremerton, who have cable
services, are able to enjoy and be informed through the local
programming. Mr. Dein stated Olympic does take Channel 29 v~a
Channel 32 to the area where Mr. Johnson lives and has for a
couple of years and he is making a commitment at this time to
diligently work getting it into the other areas. He noted that
he had been negotiating with the City and felt that good feelings
existed and he would not let the City down.
Mr. Hornina questioned how many subscribers Olympic Cablevision
had in the total system and how did their number compare to
TCI's? Mr. Dein stated Olympic has approximately 17,500 and TCI
has near the same. Mr. Hornina questioned if there is the
capacity to take the cable access used to televise the Council
meeting and make it a true community access throughout the
system? Mr. Dein stated that extensive capability would have to
be reached through a microwave link between TCI and Port Orchard
signal. Mr. Hornina questioned the location of the majority of
their subscribers? Mr. Dein stated they go as far south as Mason
Lake and Mason County and as far north as Bangor. Mr. Hornina
noted that we need to look further into the future than just PSNS
and Navy housing and questioned if the technology was available
to look to expansion. Mr. Dein explained that the technology was
there but cost was a major issue. Mr. Hornina noted Mr. Dein
mentioned capacity of 60 channels...did that mean that the
subscribers would have 60 channel available to them now? Mr.
Dein stated they were building for future capability with the
current capability at 36 channels. Mr. Hornina questioned why
Channel 29 cannot be televised on Olympic's Channel 29. Mr. Dein
explai'ned that it would require changing programming which they
do not wish to change.
Mr. Johnson stated he felt that something should be included in
the contract to make sure that the interconnect is completed in a
timely manner. Ian Sievers, City Attorney, stated in his
judgement it would be best to first get the contract signed and
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to', then pursue administratively the completion of the
interconnect. President Waibel expressed the Council's position
that'~the interconnect should be completed within the very near
future (by first of the year). Mr. Dein*noted that the franchise
agreement does include the stipulation that it be completed.
President Waibel questioned if the franchise map allows for
expansion to other areas inside the City limits by Olympic
automatically becoming part of the process. Kathleen McCluskey,
City Clerk, stated the franchise documents say that -at the time
the City enters into a franchise they are to provide a map
showing the franchise area and if at any time this area expands
within the City limits they are then to provide an updated map.
M/S/C/U(Johnson/Collins) to approve the transfer of franchise
from Olympic Cable T. V., Inc., to Olympic Cablevision Limited
Partnership effective January 1, 1988, acceptance of payment of
franchise fees for PSNS/Jackson Park areas from January 1, 1988
forward, acceptance of maps including PSNS/Jackson Park in
franchise area and completing the interconnect as soon as is
reasonable.
6B - 1988 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET ADJUSTMENT,
#AB88-253
The 1988 budget for the City of Bremerton was adopted prior to
completion of the audit of Fund 106 Community Development Block
Grant. The purpose of the audit was to determine the amount of
1987 Community Development Grant that should be carried over into
1.988. The audit of Fund 106 is complete and the 1988 Community
Development Block Grant Budget has been adjusted accordingly.
The purpose of City Council action at this time is to reduce the
1987 carryover. This amendment does not affect project funds.
The amount of funds awarded was based on the accurate amount-
not the inflated amount contained in the City budget.~
Carol Dickinson, Block Grant Manager, introduced Tom Carter,
Accountant, who had assisted in the audit of the Block Grant
funds. A brief review was given - an under estimate of beginning
cash was made for the 1988 budget and over estimated the amount
of drawdowns for the 1988 budget, under estimated the amount of
housing service fees and housing rental income and over estimated
program income. During the budget process estimates are used as
and early in the year the department comes to Council for a
budget adjustment when final figures are available. Ms.
Dickinson noted that they are a little behind schedule this year
due to turn over of personnel and a very thorough but lengthy
audit.
Mr. Johnson questioned if drawdowns were less then estimated the
carryover would be higher? Ms. Dickinson explained more may have
been spent in 1987 than anticipated. At this time she was
dealing with actual figures whereas previous figures were cited
as estimates and the action before Council was to bring the
figures in line with actual totals.
Rich Hanna, City Treasurer, stated the original budget was based
on a set of assumptions made a year ago last September. The
projected Beginning Cash for 1988 was based on the cash balance
available in September 1987 and expected revenues and
expenditures for the fourth quarter of 1987. As stated they had
been overly optimistic in their estimates.
M/S/C/U(Collins/Colvin) approve the proposed 1988 Community
Development Block Grant adjustment to reflect a 1987 Block Grant
carryover consistent with the audit of Fund 106.
6C - BLOCK GRANT REALLOCATION OF PROJECT FUNDS TRANSFER OF FUNDS
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FROM 1985 HANDICAP PROJECT M85-027 TO FOREST RIDGE PARK PROJECT
K86-013, #AB88-255
The Mayor's Community Development Committee has recommended to
the Mayor to transfer funds from Project M85-027 (1985 Handicap
Access project) to project K86-013 (1986 Forest Ridge Park
project) in order to provide sufficient funding for existing
obligations. The contract for project M85-027 expired on March
8, 1988, leaving an unspent balance of $3,500.00.
The total amount
$2,966.36.
to be re-allocated to Project
K86-013 is
Carol Dickinson, Block Grant Manager, stated if this reallocation
is approved this will be the fourth Parks' project to be
completed since September 1.
Mrs. Horton requested an explanation of the project. Ms.
Dickinson stated when the -Forest Ridge Park building was under
construction an unforseen problem was exposed, basically
extensive dry- rot that needed removal and repair. The
reprogramming will fund this work to complete the project.
The proposed funds are from a completed project and the request
is to utilize them for a project which went over budget.
Mr. Johnson pointed out that a couple of weeks ago he'had
suggested looking at Block Grant funds to provide a funding
source for another need within the City and at that time did not
get support to pursue that option and questioned "what changed"?
Don Pratt, Director Community Development, stated the project
previously discussed dealt with the Community Swimming Pool. In
the soon to be presented BIock Grant allocation there will be
approximately $450,000 in dead project money - Council will be
requested to reprogram these funds and one of the applicants is
the swimming pool. The reason he did not support making a re-
allocation at that previous Council meeting was because by City
policy and Federal policy it is required that reprogramming of
funds must be done in public and due process, with appropriate
advertising. Effort could have been made to rush the item
through but he recommended to Council that they wait and go
through the formal process which was being scheduled. Mr. Pratt
noted that they are allowed to make adjustments up to 10~ of the
project and this project is under that amount, however, the
consideration of additional funds for the pool would have been
over allowable percentage.
M/S/C/U(Colvin/Dawkins) to approve the re-allocation of $2,966.36
from Project M85-027 to Project K86-013.
.356
7A - ORDINANCE (FIRST READING) ORGANIZATION FOR PERSONNEL
DEPARTMENT, #AB88-256
This Ordinance was prepared at Council's request as an outline of
departmental responsibilities. This draft was approved at a
Council Study session last year.
Mr. Collins noted Council had recognized the need, for some time,
to separate the responsibilities of the Personnel Director from
the Civil Service Secretary duties.
M/S/C/U(Collins/Horning) to approve Ordinance, on
governing the Personnel Department.
first reading,
7B - ORDINANCE (FIRST READING) ORGANIZATION FOR OFFICE OF CIVIL
SERVICE, #AB88-257
This Ordinance was prepared at Council request as an outline of
departmental responsibilities.
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Mr. Johnson questioned, when the incumbent is no longer in the
position, if Civil Service should have some input as to who
should fill the position of Civil Service Officer? Caroline
Marshall, director of Personnel, stated that had been discussed
at some length with the Civil Service Commission and Mayor and
there is nothing officially written, however, the intent is that
the Civil Service Commission will be involved in the selection
process and making the selection out of three candidates. Mr.
Johnson supported the Mayor making the appointment, however, he
felt Civil Service Officer should be confirmed by the Commission.
Ian Sievers, City Attorney, noted Civil Service Commission should
be more apart of the confirmation process and suggested getting
the Commission involved in the evaluation and ranking process.
President Waibel noted there is not a method included for filling
the position this first time, however, he felt that either the
Civil Service Rules themselves or some procedure (in writing)
that Council approves should be developed. He pointed out that
Council may ask that the ordinance be revisited as part of the
new person's responsibility.
Mr. Hornina pointed out that the incumbent has been serving in
this capacity prior to the change being made at this times and it
was appropriate to make the simple division of the
responsibilities between the two individuals and is in no way
violating the spirit of what is intended in the future.
M/S/C/U(Horning/Horton) to approve Ordinance, on first reading,
governing the Office of Civil Service.
7C - APPROVAL OF CHANGES TO CIVIL SERVICE RULES 5.05 AND
20.03(b), #AB88-258
On September 27, 1988, the Civil Service Commission approved a
change to the Civil Service Rules which establishes the position
of Civil Service Officer and separates the Personnel Director's
job responsibilities from the Civil Service. The attached
listing of rules shows those rules affected. The action
accomplishes the Council objective in the Statement Of Issues and
Policies in development of the 1988 Annual Budget.
In addition, the Civil Service Commission approved changes to
Rule 5.05 which permits reconsideration of Commission decisions
and Rule 20.03(B) which clarifies pre-disciplinary time lines.
These Rule changes are submitted for adoption.
The Commission's letter dated September 20, 1988, provides some
background information for the proposed changes to Rule 5.05 and
rules affecting Civil Service Officer and Personnel Director.
Ian Sievers, City Attorney, recommended that Council make a
separate motion for each of the following: (1) all those rules
which separate the Civil Service Officer from the Personnel
Department; (2) Rule 5.05 relating for reconsideration of
Commission decisions; (3) 20.03(B) relating to filing time lines.
M/S/C/U(johnson/Dawkins) to approve the proposed Rule change 1
affecting the Civil Service Officer from the Personnel
Department.
President Waibel pointed out that Council has been very concerned
that the Civil Service Rules do involve sufficient due process
for all employees and he supported the proposed change to Rule
5.05.
M/S/C/U(Horton/Horning) to approve changes to Rule 5.05 relating
to hearing procedures for appeal other than discharge or
disciplinary appeals brought by regular employees.
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.986
#587
President Waibel requested the City Attorney to explain the
purpose behind changing Rule 20.03(B). Mr. Sievers explained
there was confusion in the prior language as to what kind of
continuance and for how long it could be granted on holding a
pre-disciplinary hearing which precedes discipline imposed in
this Civil Service Rule. The new language clarifies when a
continuation may be granted.
M/S/C/U(Collins/Crutcher) to approve changes to Rule 20.03(B)
relating to pre-disciplinary hearing - notice of charge.
7D - ORDINANCE (FIRST READING) LEVYING PROPERTY TAXES FOR
COLLECTION IN 1989, #AB88-259
State law requires that the City levy property taxes through
passage of an ordinance. The figures in the proposed ordinance
are based on the preliminary assessment roll. They will be
adjusted upon acceptance of the final assessment roll by the
County.
Rich Hanna, City Treasurer, briefly reviewed the five different
increments and explained the difference between them. The
Library Bond G.O., 1979 Fire Bond G.O. and 1983 Fire Bond G.O.
all relate to unlimited tax on General Obligation Bonds. In each
of these cases the voters approved, at a point in time, that the
City have authority to levy property taxes in addition to those
for purposes of maintenance and operation in an amount adequate
to provide revenue for the debt service of bonds that were
authorized. In each of these cases they have referred to the
debt service schedules for the respective Bond Ordinances.
Starting from the revenue requirements to make the payments in
1989, they have calculated the necessary levy rate based on the
estimated assessment roll. In the case of the Emergency Medical
Levy the voters approved a property tax lev~ in the amount of 25
cents per $1,000 assessed valuation to be used in support of
the Emergency Medical Services program provided by the City. As
to the General operations of the City, the amount of this levy is
proposed to be set at the amount limited by State statute. The
statute limits the growth in property tax revenue to a level of
64 per year. There are some modifying circumstances to the 64
limit - the two most significant being 64 growth does not include
new annexations to the City or new construction that has taken
place since the last assessment roll. The growth that is
projected in revenue for 1989 under the proposed levy rate as
compared to the current year is actually 74 - statutory limit of
64 growth and 14 is accounted for by the other two factors
(annexation and new construction).
President Waibel questioned if
would be repealed? Mr. Hanna
existence.
the previous year's Ordinance
stated it would remain in
Mr. Johnson raised a point that new growth only brought about 20
million and felt that with the number of annexations completed
this past year that this figure should be higher. Mr. Hanna
explained that there were some significant annexations, however,
most of the property annexed was Utility property and for
purposes of assessed valuation they are carried at a zero value.
This is not their market value but because they are exempt from
property taxation they are carried on the Assessor's rolls at
zero value. President Waibel noted that the 20 million was
basically from new construction.
Mr. Colvin stated he understood the need for the levy and
supported it, however, he would vote against it due to the fact
that items where taxes or fees are going to be increased should
have more public notice prior to their being voted on.
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M/S/C/(Johnson/Collins) to approve Ordinance, on first reading,
levying municipal taxes against all taxable property within the
City limits of Bremerton for the year 1988 and approving the
assessment roll made by the Assessor of Kitsap County, therefore
to be collected in year 1989.
Vote: In Favor: Crutcher, Horning, Horton, Waibel, Collins,
Dawkins, Johnson
Oppose: Colvin
President Waibel requested Mr.
additional methods of notification
economically.
Colvin to
that the
provide a list of
City could handle
7E - RESOLUTION #2233, RESIDENTIAL PARKING PERMIT PETITION 1600
BLOCK OF GREGORY WAY, SOUTH SIDE ONLY, #AB88-260
The residents of the 1600 block of Gregory Way, south side only,
have submitted a petition for residential permit parking. The
petition has been signed by the minimum 2/3 residents as required
by BMC 21.08. The area has been posted for at least 10 days.
Kathleen McCluskey, City Clerk, referenced a memo from Bud
Wallace/Engineering Department which did not support the need as
requested; and read into the record a memo received from the
Assistant City Engineer citing that on the basis of the City's
ordinance on an area that is determined to be impacted, the
recommendation from Engineering is to approve the parking request
for the designated area. Ms. McCluskey also read into the
record a letter received from Daniel G. Tailleur, Port Orchard,
which expressed opposition to the request. He cited residents
living in the area should provide their own parking space,
driveways, etc.; City is responsible to maintain City streets and
provide parking strips that meet the needs of all; need for
temporary parking for pick up and drop off of shipyard workers;
improper planting of parking strip areas by residents and City
should require that planrings be removed so that the strips may
be used for parking; need for improved parking strips...paved or
concrete.
Thomas J. Triaas Sr., 1625 Gregory way, stated he had made an
analysis of the neighborhood which identified the need, residents
wish to reduce the night noise created by shipyard workers
getting off work and revving car engines and to reduce loud noise
from car stereo's, as well as reduce littering in the area. He
noted that motorcycles have been known to park and drive on the
sidewalks. Mr. Triggs passed several pictures which documented
his complaints.
Mrs. Hotton questioned if the City would patrol the nine spaces
located in the alley way? Ms. McCluskey stated no, the nine
spaces are on private property.
M/S/C/U(Collins/Crutcher) to approve Resolution #2233, designating
a Residential Parking Permit area (Zone 12) - 1600 block of
Gregory Way south side of street only, between Anoka and High.
7F - RESOLUTION #2234, RESIDENTIAL PARKING PERMIT PETITION SOUTH
SIDE 9TH STREET BETWEEN WARREN AND BROADWAY, ZONE #9, AB88-261
The residents of 9th Street, south side only, between Warren and
Broadway, have submitted a petition for residential permit
parking. The petition has been signed by the minimum 2/3
residents as required by BMC 21.08. The area has been posted for
at least 10 days.
Kathleen McCluskey, City Clerk,
Department recommended approval.
stated that
Engineering
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President Waibel questioned what would be the time limit within
the zone? Ms. McCluskey stated they are being standardized to
two hour parking.
M/S/C/U(Crutcher/Colvin) to approve Resolution #2234, designating
a Residential Parking area (Zone #9), 9Th Street, south side
only, between Warren and Broadway.
With no further business meeting adjourned at 7:23 p.m.
KAT'HLEEN~. MC~Y, CITY CLERK
APPROVED
HANK WAIBEL, Council President
City of Bremerton
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