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HomeMy WebLinkAbout10/28/87TAPE #494 UNAPPROVED DRAFT NOV 4-196' #0036 #0053 CITY .COUNCIL MEETING MINUTES OCTOBER 28, 1987 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, October 28, 1987, at 5:30 p.m. with Council President Spencer Homing presiding. Council members present were Hank Waibel, Mottie Dawkins, Mary Lou Long, C. R. "Tiny" Collins, Shirley Marry Crutcher, A1 Colvin and Lon 0vetson. Councilman Russ Johnson 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 Spencer Homing and Invocation was given by Reverend Jim Stegman of the Free Methodist Church. CONSENT AGENDA A. Minutes of Meeting held October 21, 1987, #AB87-282 B. Bid Award Recommendation - Timber Sale 2-87, #AB87-283 C. Bid Award Recommendation - 18" Ductile Iron Pipe, #AB87- 284 M/S/C/U(Waibel/Long) to approve Consent Agenda as presented. CLAIM/WARRANTS P, EGISTER 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 October 28, 1987, the Council does approve for payment those vouchers included and further described as follows: Regular Warrants. numbering S2401, 32402, 32403, 32411 through 32520 in the total amount of $280,926.52 and Retirees Payroll in the amount of 847,684.21. PROCLAMATION Kathleen McCluskeV, City Clerk, read a proclamation announcing a Drug Abuse Prevention Program for parents of children in grades 4-7 to be offered on October 20, 28, November 4, 11 and 18 through Bremerton, Central and South Kitsap Public Schools and the Bremerton High School PTA is sponsoring the appearance of David Toma, nationally known drug and alcohol abuse speaker on November 19, 1987, at 7:30 PM, in the High School gymnasium; with Mayor Gene Lobe proclaiming the month of November as "SAY NO TO DRUGS AND ALCOHOL MONTH" in the City of Bremerton. Council President Hornin~ announced that Agenda Item 7B was deleted from the Agenda. COUNCIL MEMBER REPORT Mr. Colvin reported he artended the Dedication services for the City of Port Angeles's new City Hall on Saturday, October 24 and encouraged Council members to take the opportunity to visit their new facility. Mr. Waibel reminded citizens and City Council members that the 1988 budget cycle process will be under way for the next two weeks, starting with the Department Heads. TAPE #494 City Council Reg. Mtg. Minutes October 28, 1987 Page 2 of ? Mr. Dawkins reminded everyone that Election Day is November 3 and encouraged everyone to exercise their right to vote. Mr. Overson reported that the Council's Legislative Assistant Ms. Erhart, has been doing some research on related parking issues in the downtown area and has information that is available for anyone interested. Mr. Horninc reported he had the opportunity on Friday, October 23 to welcome the American Legion...a fun group of very dedicated people. #0241 6A - BUDGET ADJUSTMENT FOR FIRE DEPARTMENT FOR FISCAL '87 WITHIN CURRENT APPROPRIATION, #AB87-285 The budget appropriation for the Fire Department was reduced by $100,000.00 by City Council action at the start of Fiscal 87. Due to the uncertainty of exactly how the budget reductions would be accomplished at that time, the entire $100,000 was reduced in the Fire Suppression line item account, to permit accurate tracking. There have been approximately $39,000 of long term sick leave, disability leave and vacation leave payments at retirement which were unbudgeted. Additionally, there is $25,000 in retirement in Capital Outlay that has not been expended yet for lease purchase of two rescue vehicles due to the numerous fires in Ford type vehicles. It is requested that Council approve a budget adjustment to balance the line item accounts. Fire Chief Leonard Marks briefly outlined the events during the '1987 budget process which reduced his budget and the departments efforts during 1987 to reduce costs and monitor prudent spending in order stay within the budget limit. Chief Marks reported that the proposal as presented was brought before Council Fiscal and Budget Committee and Council Public Safety Committee and received their- permission to bring before Council for act,ion. Mr. 0verson complimented Chief Marks for keeping the adjustment within the budget and stated that a similar circumstance will be faced for this department during the 1988 budget process. M/S/C/U(Crutcher/Colvin) to approve the line item account adjustments from Supplies and Services (66,800) and Capital Outlay $30,800) to Fire Suppression-Salaries (97,600) within the current Fire Department budget of $2,059,078.00 for Fiscal 87. 7A - ORDINANCE (FIRST READING) PROHIBITING THE RIDING OF SEATEBOARDS IN THE CENTRAL BUSINESS DISTRICT OF BRKMERTON, #AB87-286 As requested by CoUncil for discussion purposes, this ordinance prohibits skateboards within the central business district of {he City and makes it a civil infraction to ride a skateboard on the streets or sidewalks. It also provides that any person who violates this chapter will have committed a civil infraction and provides for a fine of $45.00. Ian Sievers, City Attorney, stated that the ordinance was drafted based on a petition brought before Council by a group of people in the Central Business District plus complaints had been received from private shopping centers who also have had problems with skateboarders. A Suggestion TAPE #494 City Council Reg. Mtg. Minutes October 28, 1987 Page 3 Of 7 for wording of a sign plus notification to the Police Department was provided in the event the private owners wish to restrict skateboarding there. The ordinance simply restricts skateboarding in the Central Business District and it was presumed that pedestrian traffic was most dense in the CBD area and even though skateboarders feel they are under control other citizens/pedestrians may take evasive action based on the fear they may be struck and cause other accidents. Elizabeth Buell, 1722, spoke in favor of the ordinance and felt that riding skateboards should not be allowed on sidewalks and if they are allowed they should have speed limits to obey just as vehicles have laws and speed limits. Pete FlVnn, Executive Director, Bremerton Main Street Association, spoke in favor of the ordinance and stated that there had been problems in the downtown area, such as window breakage, damage to trees, pedestrian traffic is high at times and they do present a hazard at times. Mr. F1Vnn stated he was sympathetic to the young people finding a place where they can ride their skateboards safely but was also sympathetic to the businesses who are trying to do business and would be willing to work with the young people to see if a place can be found where skateboards can ride within the business district. Roy McGinnis, 2711 Maple'Street, related an incident of a near accident between a skateboarder and a vehicle on his way to the Council meeting and supported finding an area where the skateboarders can skate for fun, but did feel it was dangerous for them to be on City streets. The following individuals spoke in opposition to the proposed ordinance: Eric Vetmeets, 617 High Avenue; Jim Nelson, 4240 Tracyton Beach Drive NW; Jr. Woodruff, 5th Street' Mark Adamski, 7875 Forest Ridge Drive NE; Julie Lary, 745 Roswell Drive NE; A. J. Carsten~, 318 Upper Shore Drive; Mike Young, 2531 Fir Avenue; Chris Vetmeet, 617 High Avenue; Kelly Finch, 801 Veneta; David Scott, 615 High Avenue, Ben Hooker, 510 High Street. The following comments were expressed by those individuals who spoke in opposition to the ordinance: skateboards are an inexpensive mode of transportation to and from other forms of transportation, i.e.,- ferries, kitsap transit, etc., provides exercise, some skaters are voters and taxpayers, unfair harassment by police, where will skateboarders go if banned from downtown, skateboards do not cause accidents any more than vehicles or pedestrians, why punish a large group of people for something that is done by a few in the past, what concern is being shown for the businesses who sell skateboards and accessories, vehicles are a greater hazard than skateboards, why ban skateboards for 24 hours per day why not allow during restricted hours, everyone has Constitutional right to use public areas - why not work out a compromise, skateboarders do not attack people or intentionally run into them, skateboarders are not committing crimes, suggest setting laws to control skateboards don't just ban them, how would you warn skateboarders coming into Bremerton from other areas that skateboards are banned and they will be fined, where can skateboards go, skateboarding is also done for having fun. David Scott, 615 High Avenue, offered his services to the Council as a resource for any additional information or TAPE #494 City Council Reg. Mtg. Minutes October 28, 1987 Page 4 of ? assistance in helping to find/develop a facility for the skateboarders. Mr. Colvin stated he was impressed with the presentation made by the young people and he felt the ordinance needed re-thinking and/or look for alternatives. Mrs. Lonq stated she was impressed with the talent and intellect of the group present and the way they thought through the problem and acted as a united body to express their point of view. Mrs. Lonq did not support identifying only-one area to ban if in deed skateboarding is a hazardous activity - why would it not encompass all other business areas of the City. She viewed skateboarding as both a recreational activity as well as a mode of transportation and did not believe it should be banned but would support legislation directing prudent operation of skateboards. She felt that the skateboarders deserved being treated courteously just as they in turn would treat other people courteously. Mr. Collins expressed how pleased he was to see the turn out of young people and offered a challenge to them to work with Pete Flynn and Mr. David Scott to prepare something to bring back to the Council for their consideration. Also, that through a little self-policing some of the hazardous actions could be reduced-while work is being done on this problem. Mr. Collins offered to assist them in any way he could. Mr. Waibel supported a compromise and suggested that this item be tabled for four weeks. Also, a possible total ban during peak periods and some regulations during other times should be considered in that compromise. Mr. Crutcher stated that skateboards should be treated as a bike (mode of transportation) and keep it off the sidewalks and supported tabling 'the issue for further study. Mr. Crutcher pointed out that when the military come in there are a lot of men who enjoy this recreation and they do spend money in downtown Bremerton. Mr. Dawkins stated that this may be the first time that the young people are aware that such a problem has built up. He supported having Mr. Scott and Mr. McGinnis become involved and help set up some guidelines to help provide some kind of control. Mr. Dawkins did not support the proposed $45.00 fine but suggested that Community Service could be imposed instead. Mr. Overson stated he supported tabling this item only if specific people are tasked with a specific action to work out this problem. Mr. Horninq recommended that if the item is tabled that a specific time limit be stipulated for its return and that it include a business sponsor in the make up of the committee along with Mr. Flynn, Mr. Scott and at least 3 or 4 of the skaters and that the action party be the Council's Legislative Assistant, Ms. Erhart, acting as contact person and that she control time for proceeding not to exceed four weeks. Mr. Colvin suggested that Mr. Roy McGinnis be included in the make ~p of the committee. Mrs. Lonq expressed concern that during the discussion it was stated that skateboarders should be restricted to the TAPE #494 City Council Reg. Mtg. Minutes October 28, 1987 Page 5 of 7 streets, which could be more hazardous than the present problem. Also, that any legislation drafted should have City-wide application. #1609 #2159 M/S/C/U(Waibel/Colvin) to table this item for four weeks and that the contact point will be Council's Legislative Assistant Ms. Erhart along with community involvement for further development. PUBLIC RECOGNITION Michael Lee, 3281Rickie Road Apt. 102, stated he was new to the Bremerton but was pleased with the community, especially the low crime rate and he was particularly interested in job security in the City and State. Mr. Hornin~ welcomed Mr. Lee-and suggested he contact the Chamber of Commerce for employment statistics. W. J. Warren, 2520 Stephenson Avenue, requested clarification of a public notice which was posted which announced a public hearing to be held on November 4 regarding demolition of Manerrs Wastewater Treatment plant through Shorelines Permit. Mr. Warren pointed out that demolition actions are already under way and questioned holding a hearing "after the fact". Mr. Homing tasked Ms. Erhart to investigate the item in question and provide a response as soon as possible. Elizabeth Buell, 1722 High Avenue, reported that her garbage can was hit by a vehicle on the corner of 17th and High and she expressed concern for pedestrians walking in this area. She planned to make a report to the Police Department and hoped that something could be done to slow down traffic in that area. ?C - ORDINANCE #4130 (SECOND READING) ESTABLISHING TRAFFIC SAFETY COMMISSION, #AB87-280 M/S/C(Crutcher/Waibel) to approve Ordinance #4230, on second reading, establishing Traffic Safety Commission. Vote: In Favor: Oppose: Overson, Dawkins, Waibel, Homing Long, Colvin Collins, Crutcher 7D - RESOLUTION #2186, ESTABLISHING HANDLING FEES FOR DISHONORED CHECKS, #AB87-28~ Recent amendments to State Law have enhanced the City's ability to recover both the face amount and reasonable handling fees on dishonored checks. Formal establishment of fees for handling these items is a necessary precondition to making proper use of the collection statutes. Rich Hanna, City Treasurer, stated that Council is being asked to formally designate a fee associated with handling charges on dishonored checks that are received back by the City subsequent to deposit. A fee of $15.00 is generally accepted by Courts as a reasonable handling fee. Mr. Waibel' questioned why this was being handled through a resolution considering they are usually used for a temporary period of time? Ian Sievers, City Attorney, explained that resolutions are not time limited but the process used to set a policy. Mr. Dawkins stated that this was an item that would probably need to be updated as several years ago the NSF check fee was $5.00 and has gone up. r~ A TAPE #494 City Council Reg. Mtg. Minutes October 28, 1987 Page 8 of 7 #2291 #2392 M/S/C/U(Dawkins/Colvin) to approve Resolution #2186, authorizing and establishing handling fees for dishonored checks. 7E - RESOLUTION #2187, APPOINTING THE CITY TREASURER AS AUDITING OFFICER FOR CLAIMS, #AB87-.288 The function of the Auditing Officer is to review all claims prior to payment by the City and to certify their accuracy and propriety. While statute requires the appointment of a single Auditing Officer, delegation of the authority and responsibility to the various department heads through policy is anticipated. Rich Hanna, City Treasurer, stated that presently by procedure the Department Heads of the City sign the claims for payments to the vendors. The interpretation by the State Auditors is that a single appointed officer be identified to be responsible for this function. It is the intent that by passage of this resolution the City would be in compliance with the strict interpretation by the State Auditors, but the delegation of authority would be given to the Department Heads - so functionally there would be no change from present practices. Mr. Horning questioned if anyone had been in this position before? Mr. Hanna stated not to the best of his knowledge. M/S/C(Crutcher/Overson) to approve Resolution #2187, appointing the Ci.ty Treasurer as Auditing Officer for claims presented to the City. Mr. Collins stated his being violently against this resolution and as he had stated before... that a problem that already exists is being compounded, i.e., that all of the finances and purchasing is in one single place which is contrary to good business management. Mr. Collins expressed concern that there could be an appea[ance of possible collusion. He did not feel anything improper was being done but felt that it had to be separated. Mr. Colvin also expressed concern about possible appearance of collusion and would rather have a third party handle this responsibility. Mr. Colvin questioned if the State Auditor supported the proposed legislation. Mr. Hanna stated that the resolution presented is at the suggestion-of the State Auditor. Mr. Hanna briefly stated for clarification the difference between Auditing Officer and the City Auditor. As Treasurer, he is the chief Financial Officer of the City and is responsible for both the finance and accounting functions of the City. Mr. Hanna explained that he would be designated the single Auditing Officer but that the authority would be delegated to the Department Head...noting how it would be impractical for him to try and review each and every claim and that this function is best carried out through the Department Head who is already responsible for the spending within the designated department budget. Mrs. Long expressed concern with the wording in the resolution which refers to delegation of authority to Department Heads, citing that this would not be appointing a single person as stipulated by the State Auditors. Mr. Waibel pointed out that Council was the ultimate authorizing body and they also through the Charter and ordinances, delegate authority to others to carry out necessary functions. 'APE #495 TAPE #495 City Council Reg. Mtg. Minutes October 28, 1987 Page 7 of 7 Vote: In Favor: Oppose: Overson, Dawkins, Crutcher, Waibel Homing, Long, Colvin Collins With no further business meeting adjourned at 7:20 p.m. EATHLEEN L. MCCLUSKEY, CITY CLERK APPR D ' CER HOR President C y of Bremerten File/Vault