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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