HomeMy WebLinkAbout04/22/87TAPE #446
UNAPPROVED DRAFT
#0016
CITY COUNCIL MEETING MINUTES
APRIL 22, 1987
The regular meetlng of the City Council of the City of
Bremerton was called to order in the City Council Chambers,
239 4th Street, Bremerton, Washington, Wednesday, April 22,
1987, at 5:30 p.m. with Council President Spencer Horntng
presiding. Council members present were Lon Overson, Morris
Dawktns, Shirley Marry Crutcher, Hank Watbel, C. R.."Tiny"
Collins, Mary Lou Long. Absent from meeting - Russ Johnson
and A1 Colvin. Also present were City Attorney Ian
Sievere and City Clerk Eathleen McCluskey.
The meetlng opened with,-.the Pledge of Allegiance led by
President HorninC with Reverand Paul Kuhn of St. Lukes
United Methodist Church givifig the Invocation.
CONSENT AGKNDA
Item #A - Minutes of April i5, 1987, #AB87-123
M/S/C/U(Watbel/Crutcher) to approve Minutes of meeting held
April 15, 1987 as presented.
#1606
CLAIMS/WARRANTS 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 whlch b-~s been made available to the
Council.
M/S/C/U(Overson/Dawklns).on Ap.'il 22, 1987, the Council does
approve for payment those vouchers included and further
described as follows: Regular Warrants numbering #29086
through 29174 excepting Warrant No. 29099 in the total
amount of $74,404.43 and Payroll Registers in the amount of
$305,633.48 and $327,347.98.
COUNCIL MEMBER REPORTS
Mrs. Lon~ artended a public meeting relating to ferry
service on Monday evening, sponsored by Main Street
Association, and stated it was exciting and a good turnout
with people standing together to fight any reduction of
service on the Bremerton-Seattle route.
Mr. Crutcher reported on KCAP's effort to locate a medical
clinic in the downtown area to service senior citizens and
low income families. He reported that he met with
Representative Paul Zellinsky and discussed Ferry service
problems. x
Mr. Dawkins reported that .the House had passed the Gasoline
Tax increase and it was now in the hands of the Senate,
noting that if the Senate does not pass the increase the
Ferry System budget will be 18 million dollars short, which
could affect the Bremerton-Seattle route service.
Mr. Overson artended the public meeting held Monday on the
Ferry issue and reported he had an opportunity to speak with
DOT personnel and they too were looking to work
cooperatively with City officials, citizens groups and
buslness community.
Mr. Waibel announced that Kitsap Transit had received good
news that Federal funds in the amount of 2.4 million had
been approved for remodeling their entire facilities.
TAPE #446
City Council Reg. Mtg. Minutes
April 22, 1987
Page 3 of 13
#1252
Smitter if he understood that Council had asked him to
discontinue use of the camera during the meeting. Mr.
Smitter stated yes, he understood and he would only
discontinue use of hls camera when the news media was asked
to leave the room or discontinue uslng their recording
equipment. Mr. Hornina stated he accepted Mr. Smitter's
response as a no - that he would not discontinue use of the
camera, therefore the matter would be referred to Mr.
Sievers, the C~ty Attorney for further action. Mrs. Lona
stated Council was denying the constitutional right to one
individual and requested a repeal of the previous motion.
6A - INFORMATION SERVICES DEPARTMENT STAFFING, #AB87-124.
The City recently advertised and interviewed for the vacant
position of Information *Services Manager. Two applicants
rated equally hlgh in the process -Blll Eley, the current
Data Base Administrator and Robert Higgins, retlred Computer
Service Manger at Keyport. Ms. McCluskey, Director of
Administrative Services, proposed the following:
A. Mr. Eley's contract as Information Services Manager be
approved and that he be paid 90~ of mean -
B. Mr. Higgins contract as Technical Advisory be approved
at a rate of $20.00 per hour. There will be no payment of
taxes, retirement, and benefits. There will be no vacation,
sick leave or holiday pay. He would be an "at will"
employee, terminated with 30 days notice.
Blll Elev, Information Services Department, stated he has
been with the City for about four years and during that time
became very familiar with the limitations of the present
equipment and was looking forward to updating and improving
the system.
Robert L. Hl~aln, Poulsbo, stated he had spent hls career at
Keyport in the Data Processing Department. He briefly gave
background on his expertise and was looking forward to
working with the City.
Mr. Waibel, Chairman of the Councll Fiscal and Budget
Committee, reported committee had reviewed this proposal and
recommended approval as presented.
M/S/C/U(Waibel/Collins) to approve contract with Bill Eley
at a salary of $33,574, as Information Services Manager and
to approve contract with Robert Hlggtns at a salary of
$20/hr., not to exceed 89 hours per month through 12/31/87.
6C - BLOCE GRANT PROGRAM REQUEST FOR BUDGET ADJUSTMENT FUND
106-00, #AB87-125
The City Auditor has completed an audit of the Community
Development Block Grant Program/Bremerton Rehabilitation
Program and has advised that funds in the amount of
$30,000.00 be transferred from the Revolving Rehab Loan
Account (K86-22) with Great Northwest Savings and Loan to
the LQan Guarantee Account (K86-099) with Great Northwest
Savings and Loan that will provide adequate reserves for
contingent liabilities of City loans in default.
Richard Mason, Block Grant Development Manager, proposed
action will provide adequate security for three loans that
are pending default with Great Northwest Savings and Loan.
Currently the City has on deposit $34,424.00, with the
additional $30,000 requested it will bring the amount up to
$64,424.00. It is anticipated that at the time of
TAPE #446
City Council Reg. Mtg. Minutes
April 22, 1987
Page 4 of 13
#1344
conclusion when the defaults are finalized the interest on
the accounts will be sufficient enough to bring the
account up to 865,000 which the City is liable for.
M/S/C(Crutcher/Colllns) to authorize the CltV Treasurer to
transfer funds in the amount of $30,000.00 from the
Revolving Rehab Loan Account (K86-022) to the Loan Guarantee
Account (K86-099) to provide adequate reserves for
contingent liabilities on loans in default.
Mr. Overson pointed out that the Budget Request was not
signed by the Mayor or the Fiscal and Budget Committee. Mr.
Hornin~ stated the Mayor had endorsed the action by hie
signature on the front of the Agenda form. Mr. Waibel
stated Fiscal and Budge~ Committee had not reviewed the
request but was supportive of the proposal.
Vote:
In Favor:
Oppose:
Dawkins, Overson, Crutcher, Waibel,
Homing, Collins
Long
6D - BLOCK GRANT PROGRAM RE-ALLOCATION OF PROJECT FUND
BALANCES TO HOUSING REVOLVING LOAN FUND, #AB87-126
The Mayor's Community Development Committee has recommended
to the Mayor that the following project contract balances be
re-allocated to the Housing Revolving Loan Fund:
1. Project #M85-013 (Senior Center Re-roof)
2. Project #M85--014 (Warren Avenue Rest-
Room Renovation
3. Project #M85-029 (Warren Ave. Park Fence)
4. Project #M86-017 (Long Range Planning - EIS)
Balance
622.36
3,155.17
470.47
884.93
TOTAL AMOUNT TO BE RE-ALLOCATED
$ 5,132.93
#1476
Richard Mason, Community Block Grant Manager, stated that
the four projects listed are identified as closed, some
going as far back as 1985, and after reviewing the files
this action is appropriate to bring account balances in line
with the recommendations of the City Auditor.
Mr. Collins asked Mr. Mason how the Warren Avenue Restroom
project was accomplished for much less than originally
funded for. Mr. Mason stated that the Parks Department
provided the labor and only materials were purchased from
the funds allocated.
M/S/C(Collins/Crutcher) that the contract balances totaling
$5,132.93 from the above projects be re-a/located to the
Housing Revolving Loan Fund.
Mr. Overson pointed out that the Budget Adjustment.request
form had not been signed by the Fiscal and Budget Committee
and hoped in the future proper procedures would be followed.
Mrs. Long expressed .concern that there might be a conflict
for the City to use Block Grant Funds on City property
utilizing City Department personnel to do the work. Mr.
Pratt, Director of Planning, stated HUD regulation d~ allow
rehabilitation of City properties including utilizing City
person/lel to carry out the work.
Vote:
In Favor:
Oppose:
Overson, Dawkins, Crutcher, Waibel,
Homing, Collins
Long
TAPE #446
City Council Reg. Mtg. Minutes
April 22, 1987
Page 5 of 13
#3044
7A - ORDINANCE (FIRST READING) PROTECTING CITY OFFICIALS FOR
ACTS WHICH GIVE RISE TO ACTIONS AGAINST THEM, #AB87-128
Due to a change in the insurance market place, many claims
and lawsuits which once were defended and paid by City
insurers are now either uninsured or are substantially self-
insured. This ordinance establishes the City*s intent to
defend its officials, board members, commissioners and
employees for acts or omissions made in the good faith
performance of the City's business. It also declares that
the City will pay all legitimate claims, settlements and
Judgements against City officials if they result from such
acts or omissions.
Pesky Lesser, Risk Manager, stated proposed ordinance is a
reaction to the changes in the protection that has been
available to City officials. As a self-insured entity,
there are loop holes in coverage in this area and adoption
of this ordinance would show the City's intent to continue
the level of insurability as it has in the past for those
individuals who are working for and representing the City.
Michael LVman, 1015 Perry Avenue and Wayne Smith, 1532 Naval
Avenue, spoke in opposition to the ordinance citing the need
for the public to have a longer period Of time to respond
and questioned the extent of the liability to the citizens
of Bremerton.
Roy McGinnis, 2711 Maple, spoke in favor of the ordinance,
and recommend that the City not wait any longer and provide
the protection that is needed.
Stan Christensen, 419 Plum, questioned the opportunity given
citizens to speak to or ask question on any ordinances the
Council is considering.
Motion by Long to table this Ordinance until the public has
time to under stand it.
Motion died for lack of second.
Mrs. Lesser stated that due to the level of current coverage
the City is at a high risk in this area.
Mr. Crutcher and Mr. Collins stressed the importance of
protecting those individuals who are working for the City in
a voluntary capacity and without this type of protection
filling vacancies would be very difficult.
M/S/C(Overson/Collins) to approve Ordinance on first reading
providing for the protection of City officials, Board
members, Commissioners and Employees for decisions and acts
made and/or performed on City's behalf which may give rise
to actions, claims, or proceedings against them.
Ms. Lone desired to place this item on the Ballot so that
the citizens of Bremerton can determined if they support
this.
Mr. Walbel asked Mr. Sievers if it is possible for someone
to sign a waiver excluding themselves from coverage under
this Ordinance? Mr. Sievers stated yes they could. Mr.
Waibel pointed out to Mrs. Long that if she wished she could
sign a waiver and not be covered under legislation.
Vote: In Favor:
Overson, Dawkins, Crutcher, Waibel,
Horning, Collins
TAPE #446
City Council Reg. Mtg. Mlnutes
April 22, 1987
Page 6 of 13
Oppose: Long
~3470
~3537
TAPE #447
7B - ORDINANCE (FIRST READING) ~D3USTING ~ 1987 SAIJkRY FOR
INFORNATION SERVICES Wh~.NAGER, #AB87-129
The request for the change in saiary-was shown on the
prevlous agenda item for Information Servlces Manager
contract approval. The salary in the original ordinance
$32,824 was at 88~, the $33,574 is 90~ of mean. Mr. Eley's
current non-management salary is $30,596. With overtime and
whatever raise may be given he exceeds the $32,824 in the
ordinance.
M/S/C/U(Overson/Waibel) to approve Ordinance on first
reading amending Ordinanoe 4102, adjusting the 1987 salary
for Information Systems Manager and re-appropriating $1,020
for salary and benefits.
7C - ORDINANCE NO, 4106 (SECOND READING) RELATING TO THE
ISSUANCE AND REVOCATION OF leASSAGE PARLOR LICENSE 'AND
NeWDING CHAPTER 5.92 OF THE BRENERTON NUNICIPAL CODE,
#A587-122
M/S/C(Waibel/Collins) to approve Ordinance #4106 on second
reading relating to the issuance and revocation of Massage
Parlor licenses and amending Chapter 5.92 of the Bremerton
Municipal Code.
Vote: In Favor: Overson, Dawkins, Crutcher, Waibel,
Homing, Collins
Oppose: Long
7D - RESOLUTION NO. 2165,' SUPPORTING BREleLRTON FERRY SERVICE
INPROVENENT, #AB87-130
Recent changes in Bremerton Ferry service and schedules are
resulting in increased hardships on various classes of ferry
users and the business community. Therefore, it is the
intent of the City Council to alert officials of the State
of Washington of the impact of these changes and to
establish a means where citizens and organizations dependent
upon the ferries can work with Ferry system management and
other State officials, to improve Ferry system service to
Bremerton within resource constraints.
President Hornina announced that the two resolutions to be
considered are to be labeled 2165-A (shorter) and 2165- B
(longer). He stated that the resolutions were written by
Mr. Johnson as directed by Council motion during Council
meeting of April 16, 1987.
Michael LVman, 1015 Perry Avenue, spoke in opposition to
the resolutions stating that Council does not understand
what has already taken place...that the ferry riders have
already formed a group which does not want to be ident~fied
with Bainbrtdge Island riders or Vashion Island riders. She
also stated that they did not need funding assistance from
the city nor'did they want the City Council to do anything.
Wayne Smith, 1532-Naval Avenue, spoke on the safety
problems and also the disparity in how Winslow riders are
treated at the Seattle Ferry terminal compared to the
Bremerton riders. He supports working with the Ferry
officials but was disappointed that Council,members were not
more visible in their efforts.
Mr. Hornino re-emphasized the efforts that he and his
fellow Council members have made in working with legislators
on the ferry issue.
TAPE #447
City Council Reg. Mtg. Minutes
April 22, 1987
Page 7 of 13
#0806
#1639
Roy McGtnnis, 2711 Maple, supported Mr. Horning's statement
and pointed out people should ask Council Members what they
are doing - not just assume they are doing nothing, or
attend Council meetings on a regular basis where this type
of information is reported.
Ruth Davies, 1511 Park Avenue, questioned DOT reducing
funding of ferry services and expending funds for
administration needs. Another concern was Council members
lack of participation in so far as coming out and talking
with the ferry riders.
Mr. Crutcher stated he was very much aware of the problems
facing the ferry riders and he would support a resolution
which represented the needs cited, such as scheduling.
M/S/C(Oversdn/Watbel) to approve Resolution 2165A,
requesting. the Marine Division of the Washington Department
of Transportation Join the City of Bremerton and local
business and citizen groups to promote increased cooperation
and understanding of issues relating to the Seattle-
Bremerton Ferry route; and Resolution 22165B, requesting
that the Washington State Transportation Commission
cooperation with the Auditor of the State of Washington and
the Inspector General of the United State of America, Region
10, audit and verify the validity and reliability of
ridership records and to insure the propriety of ferryboat
allocations to the Seattle-Bremerton route.
Mrs. Long requested that Resolutions 2165A and 2165B be
read in their entirety. Ms. McCluskey, City Clerk, read
into the record Resolutions 2165A and 2126B. Mrs. Long
again requested Council members to consider adopting the
resolution she had presented at previous Council meeting,
citing the need to put greater pressure on the DOT and not
allow them to view the City as a "push over community"
Mr. Waibel pointed out that per the City Attorney the City
cannot file a frivolous suit. Mrs. Long questioned
validity of this opinion. Mr. Hornin~ suggested that
specific questions be formulated with Mr. Sievers, City
Attorney, to be submitted to Municipal Research for a second
opinion as to the Ctty's ability to file suit against the
State on this issue. Mrs. Lon~ agreed to this proposal.
Mr. Horntn~ asked for clarification of the position taken by
the ferry user group recently organized as described by Ms.
LVman, as to Council participation. Ms. LVman stated the
group saw Council as a road block and did not support Main
Street's proposal due to its limiting ferry rider
representation to two vs four business community
representatives and two general public, and that the
commuters do not trust Council to respond to them. The
commuter group does not want any funding assistance from the
City - they do not want to be tainted and want to retain
their independence.
M/S/C(Watbel/Overson) move to go to previous question.
Vote on motion to proceed with voting:
In Favor: Overson, Dawkins, Crutcher, Watbel
Homing, Collins
Oppose: Long
Motion by Long to amend original
Resolution 2165C
Motion failed due to lack of second.
motion to
include
TAPE #447
City Council Reg. Mtg. Minutes
April 22, 1987
Page 8 of 13
Vote on main motion:
In Favor:
Oppose:
Overson, Dawklns, Crutcher, Waibel,
Homing, Collins
Long
Motion by Long to approve Resolution #2165C in its entirety
as previously presented.
Motion failed due to lack of second.
Councilman Long left Council Meeting unexcused.
8A - PUBLIC HEARING - REV6CATION OF MASSAGE BUSINESS LICENSE
AND MASSAGE ATTENDANT LICENSE FOR PAMELA ELWOOD, #AB87-127
The City requires licensing of massage businesses and
attendants and requires adherence to massage regulations in
order to better promote a safe and legal environment for
massage patrons and the surrounding neighborhoods of massage
businesses.
There have been numerous repeat violations of the Massage
Parlor Ordinance on the premises of Royal Massage since
Royal's opening last October. Royal Massage owner, Pamela
Elwood, who is the only licensed masseuse for her business,
located at 2715 6th Street, is absent during many hours when
the Royal Massage is open for business. In her absence the
Royal Massage is operated by n~unerous individuals who are
not licensed by the City as Massage Attendants.
In addition, Ms. Elwood, as owner/attendant of the Royal
Massage business, has plead guilty to two violations of the
Massage Pa~lor Ordinance, (Judgement & Sentence Reports,
Cause Nos. 69711 and 65613).
Paula Johnson, Tax and License Inspector, stated her
responsibilities for reviewing business tax reporting and
tax payments and inform City Attorney's office when there
are possible violations of licensing ordinance. Council
action is being directed to revocation of Pamela E1wood's
Massage Business License pursuant to BMC 5.92.090 due to (1)
Ms. Elwood's guilty plea to Failure To Wear Proper Garments
under BMC 5.92.140(b); (2) Ms. E1wood's guilty plea to
Failure to Complete Records under BMC 5.92.120; and (S) Ms.
Elwood's constructive knowledge of Chery1 Mossburg, an
unlicensed individual, offering and performing a massage on
the premises of Ms. Elwood~s business under BMC 5.92.090.
The first two violations apply to the revocation of the
Massage Business license and revocation of the Massage
Attendant License. The third violation cited ie grounds for
revocation of Ms. E1woods Massage Business License only.
The City~s records show that Cheryl Mossburg does not.nor
has she ever held a license for Massage Attendant.
Ian Sievers, City attorney, asked Ms. Johnson if the
licenses had received the 10 days notice as required by.
Section 090. Ms. Johnson stated notice was sent via
Certified Mail and a signed receipt had been received.
Ms. McCluskeV, City Clerk, recited "sworn testimony"
statement to Detective Gregg Steele, who answered in the
affirmative.
TAPE #447
City Council Reg. Mtg. Minutes
April 2~, 1987
Page 9 of 13
Detective Greag S~eele, Police Department', stated he was
assigned to the Gambling/SIU Unite December 15, 1986. At
that time he was-responsible to reorganize the sauna's,
prostitution areas of that office. Upon review of records
different problems kept arising with the saunas in
Bremerton (there were two sauna's operating at that time -
one being the Royal Massage operated by Pamela Elwood,-who
was the only licensed Massage Attendant for that
establishment). Mr. Steele gave a brief history of prior
employment of Ms. Elwood with the International Sauna as the
only licensed Massage Attendant and cited an incident on
September 17, 1986, whereby the International Sauna was
inspected by the Police Department with them finding two
people there during inspection, one of them being Ms. Cheryl
Mossburg. At that time Pamela Elwood was not on the
premise. On February 20,'f987, Ms. Mossburg was arrested for
giving a massage and not being licensed as a Massage
Attendant, again Ms. Elwood was not there. Ms. Elwood
received her application and license in July 1985 and not
long after that there were unlicensed masseuses at the
International Sauna and such activity continued through into
1987 when she was arrested for not wearing the proper
clothing. There have been numerous occasions where officers
have made inspections and not found Ms. Elwood on the
premises and others not licensed where present. Officer
Steele cited December 1986, February 16, 1987, February 20,
1987, March 27, 1987 as dates when inspections were held and
two people were found in attendance with Ms. Elwood not on
the premises. Ms. E/wood is the only licensed Massage
Attendant who can legally give a massage and if she is not
on the premises the business should be shut down, however,
she continues to keep open for business during these times.
Upon submission of reports by Officers Welling and Rawlings
Officer Steele would review the reports and checks would be
made and any citations not given would be forwarded to the
Attorney's office for filing of charges and it was during
this process that he became aware of the ordinance of
revocation and suspension of licenses. Officer Steele
stated he was the one who asked for revocation or suspension
of Ms. Elwood's licenses due to her having violated the
ordinances so many times. Mr. Hornina asked if there were
posted hours of business? Officer Steele stated hours were
10:00 AM to 1:00 AM, making a 15 hour period the business
was open. Mr. Hornin~ asked if there was a posted list of
charges for services? Officer Steele was not sure but
stated Officer Welling could answer that question. Mr.
Hornina asked if he was correct in understanding that as
part of their record it should state the type of services
performed and asked how many types of services could be
included in the record book? Officer Steele stated there
are 3 or 4 services 'that are viable massages and not against
the law and can be performed in a sauna. Mr. Waibel pointed
out that other than the 15 hours of operations is a long
time to be open for business what other evidence do you have
that Ms. Elwood knew business was being conducted in her
absence. Officer Steele stated the young ladies that were
charged advised the officers that Ms. Elwood had left one
half hour before, leaving them there.
Ms. Johnson stated that of the violations stated none of
them alone would be enough to bring this issue before
Council, however, as a whole the records displays a total
disregard for Bremerton licensing requirements. The City
has chosen to strictly regulate this type of business to
help insure the health and welfare of the citizens, they in
turn expect to be protected. By revoking Ms. Elwoods
TAPE #447
Clty Council Reg. Mtg. Minutes
April 22, 1987
Page 10 of 13
licenses Council would be sending a clear message to the
citizens, patrons and present and prospective owners of
massage businesses that the City is serious about license
requirements, law enforcement and citizen protection. Staff
recommends that both Ms. Elwood's licenses be revoked.
Russell D. Hauls, Attorney of Shiers, Eamps and Chrey,
representing Ms. Pamela Elwood, asked Officer Steele the
date on which Ms. Mossburg was arrested during the period of
time Ms. Elwood was the licensed massage operator of the
International Massage. Officer Steele stated it was
February 20, 1987, at the Royal Massage. Mr. Hauce asked
Officer Steele for the names of the unlicensed individuals
who were arrested at the Royal Massage and when were the
citations issued. Officer Steele stated February 16, 1987
Yong A.E. Whirfield was issued citation for no license and
Penny J. Boston was also issued a citation for being
unlicensed and on March 27, 1987, Yong A. E. Whirfield was
issued a citation for giving a massage without a license.
Mr. Hauls asked Officer Steele who the arresting officer
was? Officer Steele stated it was Officer Welling. Mr.
House asked if those citations have been referred to the
City Attorney's office. Officer Steele stated they have
been sent to the Attorney's office. Mr. HouSe asked if knew
the disposition of these citations? Officer Steele stated
he thought one had been dismissed due to the patron being
Navy personnel and no longer in the area.
Ms. McCuskeV gave "sworn testimony" statement to Officer
Terry Welling with Officer Welling answering in the
affirmative.
Officer Terry Wellinu, Police Department, stated that he had
also been in charge of the SIU Division for a period of time
prior to his going back into the Patrol Division. Officer
Welling gave a detailed description of events which took
place on the dates cited, describing conditions of entry to
business, personnel on the premises, both licensed and
unlicensed, the manner in which they were clothed or
unclothed and specific description of physical contact made
between Pamela E/wood and a patron, which was based on
testimony from a patron at the time of Pamela Elwood's
arrest; all of which supported the charges previously
stated. He related specific information as to payment
received for services rendered noting a patron had paid
870.00 for a service which was posted as costing $40.00.
The amount recorded into the record book showed the $40.00
figures which was considered false information. Officer
Wellinc stated .that Ms. Mossburg and Ms. Penny Boston had
both been arrested for performing massages without a license
in establishments where Pamela E/wood was the only person
having a license as Massage Attendant and not in attendance
at the time of arrest.
Russell Hau~e, Attorney for Pamela Elwood, requested the
name of the patron who was with Ms. Eiwood that lead to her
citation and asked if he had been cited at that time for
anything as a result of the incident? Officer Wellin~
stated he was not cited. Mr. HauCe asked Officer Welling
if it was not correct that Ms. Elwood had denied that they
had contracted for any sexual contact at that time. Officer
Wellin~ stated yes she had denied that allegation. Mr.
Houce asked Officer Welling if it were not true that the
Failure to Keep Proper Records citation revolved around
the transaction with Mr. Hill? Officer Wellin~ stated it
TAPE #447
Clty Council Reg. Mtg. Minutes
April 122, 1987
Page 11 of 13
[APE #448
was one entry, failure to wear proper clothing and the other
charge of failure of proper record entry. Mr. Houaae asked
Officer Welling if it was not true that at the time he
entered that Ms. Elwood was attempting or shortly thereafter
attempting to fill in that record with Mr. Hill's name and
address. Officer Welling responded with a no.
Mr. Waibel questioned if the procedure to record services
received could or would be done after the service is given.
Officer Wellina stated that by ordinance it is required to
enter the information into the record and payment made prior
to service given. Officer Wellina stated that in the case
where the record keeping was false, all it indicated was
that the patron had paid $40.00 yet Mr. Hill had paid
$70.00. Officer Welling stated that if the patron had only
paid $40.00 for the massage'the charge of falsifVing records
would not have been made.
Ms. McCluskeV gave "sworn testimony" statement to Officer
Gregory Rawlings with Officer Rawlings answering
affirmative.
Officer Gregory Rawlinas, Police Department, gave supporting
testimony to Officer Welling's statements of inspection of
the Royal Massage Parlor on February 18, 1987, describing
conditions of entry, unlicensed personnel present and the
fact that Pamela E/wood was not on the premises.
Russell Hauae, Attorney representing Pamela E/wood, stated
he would not call his client to testify but that he would
relate her testimony to him, therefore, requested that he be
sworn in. Ms. McCluskeV, City Clerk gave "sworn testimony"
statement to Mr. Hauge, with him responding in 'the
affirmative. Mr. Hauae stated for the record objection to
proceedings pursuant to Section 5.92.100 citing that there
had been testimony that notice was provided as to the
revocation proceedings both under 5.92.090 and 5.92.100,
however their position is that notice was defective as to
5.92.100. Mr. Hauge reported that only one notice was
received by his client which related to Section 5.92.090 and
they were not aware until Council meeting time that action
would be taken regarding Section 5.92.100. Mr. Hauae stated
that the Code is clear that an individual must receive 10
days notice prior to the hearing and therefore believe it is
not appropriate for Council to deal with the issue of
revocation of Massage Attendant license at this time. Mr.
Hauae pointed out that in both instances where Ms. Elwood
was charged and prosecuted by the City she received deferred
sentences meaning if she met the conditions of her probation
the charges would be dismissed. Also, there is no record
that Ms. Elwood was referred to active probation by
Municipal Court - showing that the Court was of the opinion
that Ms. Elwood would "sin no more" and carry on with her
business and further monitoring her behavior was
unnecessary. The evidence used relating to unlicensed
persons giving a massage is given as multiple instances yet
the one testimony given relates to one instance and that is
at the time the officer apparently interrupted a massage
either just before or just after it was started and that Ms.
E/wood was not on the premises. As to other violation,
which is failure to complete records, Ms. Elwood had been
in business for a number of'months at that location and out
of the entire time only one receipt was found to be filled
out improperly. Mr. Hauae stated that in a business of
service it is not unusual for someone to give a tip for
services rendered and that in the instance where 870.00 was
TAPE #448
City Council Reg. Mtg. Minutes
April 22, 1987
Page 12 of 13
received, that $40.00 was for the service and' remainder of
$30.00 was considered a tip. The charge of being improperly
clothed is a charge which the defendant cannot deny but
pointed out that the patron was not cited and feels that she
was treated unfairly. Mr. Hauae pointed out that Council
is authorized, by the ordinance, to consider suspension of
Ms. Elwood's license and believes that the evidence
presented does lend itself to a 30 day suspension but not
that of revocation of license.
Ms. Johnson, Tax and Business License Inspector, pointed
out that the notices to Ms. E/wood on revocation for Massage
Business License and .;evocation for Massage Attendant
License were placed in the same envelope and a signed
receipt was received by the City. Also, only one incident
was cited as official evidence in the Council's packet but
there is other evidence of charges against other people on
those premises which are pending and not an isolated event.
Mr. Sievers, City Attorney, provided legal counsel to the
City Council that on a deferred sentence, which both of the
charges were, there was an inactive probation but a deferred
sentence is a plea of guilty and a conviction on the charge
subject to expungement upon successfully completing the
conditions of probation.
Mr. Waibel asked if the ordinance requires that there be a
conviction. Mr. Sievers responded that the ordinance calls
for: (1) good cause, which is quite broad, (2) a violation
not a conviction of any provisions of the chapter and (3) it
calls for a violation not a conviction of other state or
local laws - with the answer being negative. Mr. Waibel
asked if the ordinance requires multiple violations to bring
about revocation? Mr. Sievers stated any single element,
if found by Council to have occurred, could lead to action
to revocation or suspension of license. Mr. Waibel asked
if the notification portion of Ordinance require
notification of all violations which occurred and all
ordinance section that were violated or that any be offered
as notification. Mr. Sievers stated ordinance is not well
phrased and he would advise the Council that the notice
should state each particular grounds that the City is using
to revoke and would be presenting as grounds for revocation
at the hearing.
Mr. Horntn~ asked if the licenses are revoked does the
applicant have any other recourse for reconsideration? Mr.
Sievere stated that any final action of the Council could be
subject to a suit filed through Superior Court.
Mr. Collins asked Mr. Sievers if at the end of the 730 day
suspended sentence could Ms. Elwood apply for another
license? Mr. Sievers stated the conditions of probation and
what happens to the criminal record is totally separate from
any action Council takes on her business licenses. Mr.
Collins clarified his question restating that in order to
obtain a business license one cannot have a criminal
record - would Ms. Elwood's criminal record be- cleared at
the end of the 730 days. Mr. Sievers responded with a yes
and that could remove grounds for not re-issuing a license.
Mr. Collins suggested to Council that they consider
suspension of the licenses for the same period as the
probation.
TAPE #448
City Council Reg. Mtg. Minutes
April 22, 1987
Page 13 of 13
Mr. Overson stated that City-staff would not have presented
~this issue like they had if they were recommending
suspension of the/icenee and believe the Council needs to
maintain the health and safety' of the City.
#0626
M/S/C/U(Overson/Collins) to revoke Ms. Elwood's Massage
Business License and Massage Attendant License.
Mr. HauQe, Attorney representing Ms. Elwood, asked if the
licenses would be revoked after an appeal process had been
undertaken? Mr. Sievers, City Attorney, stated that Council
Action was final and went into effect immediately.
With no further business meeting adjourned at 9:30 p.m.
EATHLEEN L. MCCLUSKEY, CITY CLERK
APPROVED
City of Bremerton
KLM/SH/me
ccs: Normal Distribution
File/Vault