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HomeMy WebLinkAbout09/09/87TAPE #481 GOUNCIL SEP 16 1987 UNAPPROVED DRAFT #0031 #0045 CITY COUNOIL MEETING MINUTES September 9, 1987 The regular meetlng of the City Councll of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, September 9, 1987, at 5:30 p.m. with Council President Spencer Horning presiding. Council members present were Hank Waibel, A1 Colvin, Mottie Dawkins, Shirley Marry C;utcher, Lon Overson, Mary Lou Long, Russ Johnson. Absent was Councilman C. R. "Tiny" Collins. Also present were Assistant City Attorney Lorna Oorrtgan and Kathleen MoCluskey, City Clerk. The meeting opened with the Pledge of Allegiance Invocation led by Council President Spencer Homing. and CONSENT AGEIIDA A. Minutes of Meeting held September 2,1987, #AB87--245 M/S/C/U(Waibel/Colvin) to approve Consent Agenda as corrected: correcting spelling of Mr. 6eorge Bogges's name. 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 which has been made available to the Council. M/S/C/U(Colvin/Crutcher) on September 9, 1987, the Council does approve for payment those vouchers included and further described as follows: Regular Warrants numbering 31405, 31406, 31407, 31408, and 31413 through 31427 in the total amount of $90,116.21 and Regular Payroll in the amount of $343,539.35. COUNCIL MEMBER REPORT Mr. Colvln visited the City of Port Angeles and announced that on October lS dedication services will be held for their new City Hall building. Mrs. Lon~ reported a concern of a constituent regarding a situation where the Police Department did not respond to an emergency call made prior to a murder taking place at same residence. Mrs. Long questioned if Council should request an investigation into this matter. President HorninS stated that it was his understanding that an investigation is under way. Mr. Crutcher spent the weekend at City parks, Evergreen and Lions field. Mr. Dawkins participated in the welcome ceremonies for Carl Rice and local Veterans of Foreign Wars in their march from Los Angeles to Port Angeles on behalf of the POW's and MIA's. Mr. HorntnQ also participated in the welcome ceremonies for Carl Rice and his marchers and felt it an honor to be with other people who care. TAPE #481 City Council Reg. Mtg. Minutes September 9, 1987 Page 2 of 5 PUBLIC RECOGNITION David Jorgensen, President of local chapter of the Vietnam Motorcycle Club, announced that September 18 has been declared by President Reagan as NATIONAL POW/MIA RECOGNITION DAY. Mr. Jorgensen recognized and thanked Mr. Homing, Mr. Dawkins, Mr. Crutcher and Mrs. Long for their participation in the march with Mr. Carl Rice. On Labor Day Mr. Rice completed a 1300 mile walk from Los Angeles to Port Angeles to bring about public awareness of the issue of POW's and MIA's. Mr. Jorgensen presented a proposal from the yeterans organization to request the City to fly a POW/MIA Flag from the flag pole located at the 2nd Street viewing tower covering a period of time starting now and continue until POW'S AND MIA'S do come home. The State of Washington has 61 personnel listed missing in action - one of the largest numbers of MIA's of any State in the Union. Wayne Estes, 1604 Gregory Way, expressed his concern over the Friday and Saturday night cruising in downtown Bremerton. Mr. Estes asked the City Council to put a stop to the cruising and also requested a reply. President Hornln~ stated Mr. Estes would receive a response in writing or a verbal response at the next City City Council meeting. Jamie Stanfeld, of Jayltn Bridal Wear at D'Orr's, reported on a problem of a skateboarder flying into the window of D'Orrs. This happened about 3 AM on a Saturday morning at which time a group of 13, 14, and 15 year olds were congregated in the downtown area. Me. Stanfeld presented a signed petition requesting prohibiting skateboarding along the streets and sidewalks of Bremerton. Roy Ratnew, Municipal Judge, spoke on behalf of the Bremerton Municipal Court, announcing the Supreme Court has declared September 17 to be the official recognition of the Constitutional Bi-Centennial celebration. Municipal Court intends to acknowledge this event in so~e way on September 17, which will be open to the public, and more information will be coming at a later date. In addition, the combined District and Superior Courts, in Port Orchard, will be having an open recognition at 11:00 AM on Thursday Municipal Court has received a Bi-centennial flag which will be appearing in Court and will hang for the remainder of the year. Andrew Parvpa, 1122 Hayward, reported that the vegetation at the west end of the Manette Bridge, which he had reported previously, had been removed by the State Department of Transportation. Also, the Junk car reported at 2110 E. 11th Street had been removed, however, various vehicles parts still needed to be removed. In response to the exposed garbage complaint at 902 Washington, it appears that the City's Building Inspector is responsible for following up on this type of matter and a letter was sent to the landowner giving them 10 days to clean up the area and correct the problem. Mr. ParVpa cited City ordinance which gives the City Health Officer or any Policeman the authority to issue a citation to clean up the area within 24 hours or be guilty of a misdemeanor - $300.00 fine, 90 days in jail or both. It was_observed that the Boat Shed garbage dumpster was left open creating a possible health hazard. The Health Department had been contacted and the Boat Shed did respond for one day to secure the lid of the dumpster, however, the following day it was back in an open position. The Health Department was also notified regarding 902 Washington Avenue TAPE #481 City Council Reg. Mtg. Minutes September 9, 1987 Page 3 of 5 and the owner removed the garbage from the street but placed it on the public right-of-way. Lastly, Mr. Parypa has observed bike riders riding, on the walk way, from east to west on the Manette Bridge but not west to east. He observed that on the west end there is a sign that states Bike riders will be fined 815.00 for riding on the walk way area .... on the east end there is a sign that just says 815.00 Fine. He suggested that this be corrected. President HorninQ announced that Agenda Item 7B woul~ not be heard this evening. 6A - LEAVE CARRYOVER - THOMAS ELLINGTON, FIREFIGHTER, #AB8~- 089 Tom Ellington, Firefighter, was injured on-the-Job April 27, 1986. Mr. Ellington utilized sick leave April 27, 1986 - June 16, 1986 and vacation leave July 17, 1986 - August 13, 1986. On July 15, 1986, the Pension Board granted Mr. Ellington Disability Leave retroacttve to June 16, 1986. When Mr. Ellington applied for Disability Retirement to be effective December 15, 1986, the State Pension Board did not approve the retroacttve effective date of disability, making the retirement effective date January 14, 1987. During end of year adjustments to leave balances, a total of 66.14 hours was deducted from Mr. Ellington's balance as he had accrued over the 312.90 carryover allowed. Mr. Ellington was unable to take vacation leave and requests approval of carrying excess leave into 1987, which now would be paid to him. Dave Hiestand, Director of Personnel, presented the request from Mr. Ellington. Mr. Ellington was notified of this meeting on September 3 but is not present at this time. A legal opinion was obtain in March clarifying that the labor contract between Local 437 and City of Bremerton did not obligate the City in some way to pay this leave carryover accrual. As a matter of fact, there is no obligation under the local union contract on this particular issue. What drives this issue is the Bremerton Municipal Code - at the end of every annual year we are committed by ordinance to take away all leave balances in excess of 240 hours. This is done on the first day of the new year. There is a proviso that if an individual feels they had a special case At could be brought before Council to permit a carryover. Mr. Hiestand pointed out that the Council has heard similar cases in the past. Mr. Johnson reminded the Council that previous Council action has taken a hard line unless there is truly an exceptional case and had denied requests in the past. Mr. Hiestand stated that there has been some law established by recent cases...Loun vs City of Bremerton and a recent case in the City of Longview on issues of deniabllity of taking sick leave before disability leave. The Ordinance does give Council authority to grant or deny a request. Mr. Crutcher questioned if personnel are required to take their leave within the first six months of the year. Mr. Hiestand stated no, what normally happens is that individuals tend to carry the legal limit throughout the year to the end of the year betting that they will not get TAPE #481 City Council Reg. Mtg. Minutes September 9, 1987 Page 4 of 5 #0746 #1096 sick and then if they retire or separate they would look to a payoff in dollars. Mr. Waibel questioned the issue of an employee continuing to accrue leave while on leave and felt this was an unacceptable situation. M/S/C(Johnson/Long) to deny the leave requested from Mr. Tom Ellington. Vote: In Favor: Oppose: Johnson, Colvin, Long, Waibel, Overson Horning Dawkins, Crutcher ?A - ORDINANCE (FIRST READING) REVISING COMPOSITION OF THE CITY INVES~NT COMMITTEE, #AB87-240 The Fiscal and Budget Committee has regularly scheduled meetings on the second and fourth Thursdays of the month. Because Fiscal and Budget handles matters closely related to investments, it was felt that the composition of the two committees should be the same. The investment meeting will be held once a month immediately following Fiscal and Budget. This appears to be more efficient use of time and knowledge gained by the members of the Fiscal and Budget Committee. Mr. Johnson stated he wanted to see the Investment Committee continue to function and strongly stressed the need to retain the Mayor as an important part of this policy making group. The Mayor may elect not to attend but his input to the committee and awareness of its purpose is important. On the issue of Council representation it does not make a big difference whether it is through the Fiscal and Budget Chair or other Council members. Mr. Overson suggested limiting Council representation to two Council members rather than three. Councilmen Johnson and Long supported a more balanced committee with three Council members and three administrative members. Mr. Crutcher raised question as to the legality of Council assigning the Mayor to a committee. Ms. Corrlgan, Assistant City Attorney, stated yes it has been done in the past. M/S/C/U(Watbel/Colvin) to approve ordinance, on first reading, revising the composition of the City Investment Committee and amending B.M.C. 2.14.010; and amendlng the ordinance to retain the Mayor, eliminate the Budget Analyst and to include two City Council members as determined by the City Council. With no further business meeting adjourned at 6:15 p.m KATHLEEN L. MCCLUSKEY, CITY CLERK TAPE #481 City Council Reg. Mtg. Minutes Septembe= 9, 1987 Page 5 of 5 APPROV SPE ER HORNi President rto KLM/SH/me ccss: No=mal Distribution File/Vault