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Home My WebLink About07/18/2007 DIGITAL RECORDING CITY COUNCIL SPECIAL MEETING MINUTES MIG ' .1 zoOT Wednesday, July 18, 2007 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington, Wednesday, July 18, 2007, at 5:30 PM, with Council President Will Maupin presiding. Council members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Adam Brockus, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger Lubovich; and Legislative Assistant Lori Smith. The Pledge of Allegiance was led by Council Member Brad Gehrina followed by the invocation provided by Council Member Dianne Robinson. President Maupin announced that a Pre-Council Session to discuss General Council Business was held prior to the meeting. MAYOR'S REPORT Mavor Bozeman began by thanking the Council for leading each meeting with the Pledge of Allegiance and an Opening Prayer. He then displayed a POWER POINT presentation to provide an update on the following projects: . Tunnel project, including the detour route that will be in place for about 10-months; . 300 new slips at the Port of Bremerton Marina; . Harborside Condominiums; . Harborside Fountain Park Vision; including Phase I & II and the Naval Museum; . Harborside Boardwalk & Urban Trail; . Bridge to Bridge Trail; . Tim Ryan's new Retail Building located at 6th & Pacific; and the . Wireless Internet Cloud in downtown PUBLIC RECOGNITION & ANNOUNCEMENTS Nick Wofford reminded citizens to attend the next free Concert on the Boardwalk on Friday, July 20 from 6:00 to 8:00 PM to hear the salsa band "Trombanga". John M. Tavlor, lifetime resident of Bremerton and a Real Estate Consultant, submitted a letter to express his thoughts to Council Members on how to improve sewer connectivity in the City. President Maupin thanked Mr. Taylor for expressing his concerns, and stated that most of those in the City would agree with what he has presented. CONSENT AGENDA A. Check Numbers 318092 through 318232; and EFT-7247 through EFT-7258 in the amount of $810,208.38 (#AB07-168) B. Minutes of Meeting - July 2,2007 (#,AB07-169) C. Reappointment of Linda Streissguth to the Planning Commission (#AB07-170) D. Contract Award for Glenn Jarstad Aquatic Center Pool Tank Renovation (#AB07-171) E. Purchase of 12 replacement Mobile Computer Terminal (MCT's) and software for Police vehicles (#AB07-172) F. Purchase of a refurbished complete rotating assembly (screw conveyor & bowl) for the existing Humboldt S3-01 Centrifuge at the Westside Wastewater Treatment Plant (#AB07-173) G. Purchase of 8 Spring City style street lights for Pacific Avenue (#AB07-174) H. Approval of PSA with HDR/FISHPRO for design of the Brentwood Drive Fish Passage Culvert Project (#AB07-175) City Council Reg. Mtg. Minutes Wednesday, July 18, 2007 Page 2 of 4 I. Sole Source Contract with NORTHWIND MARINE of Seattle for refurbishment work on Fire Department Rescue Boat (#AB07 -176) J. Ordinance No. 5017, amending Chapter 9.48 of the Bremerton Municipal Code (BMC) relating to Permits for Public Displays of Fireworks (#AB07 -177) K. Ordinance No. 5019, approving the Reimbursement Agreement with GEM1 LLC for the West 580 Zone (#AB07-178) L. Settlement Agreement and Release between the City of Bremerton and Scott Alexander & Daryl Matheny (#AB07-179) M. Budget Adjustment of $13,100 to Parks & Recreation for the purchase of furniture and minor equipment for use at Harborside Fountain Park (#AB07 -180) There were no comments from the public. 05:49:26 M/S/C/U (Priest/Arends) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A - ORDINANCE NO. 5018. CREATING A NEW BREMERTON MUNICIPAL CODE CHAPTER 10.42 REGARDING REGULATING AND USING PHOTO ENFORCEMENT DEVICES {#AB07-182l: Police Chief Craia Roaers explained that the proposed Photo Enforcement Ordinance creates a new Bremerton Municipal Code (BMC) Chapter 10.42 entitled "Automated Traffic Safety Cameras". The BMC currently has no guidance relating to the use of photo-enforcement within the City limits. Lieutenant Pete Fisher displayed a POWER POINT presentation to provide a brief overview of the benefits of using photo enforcement devices and the details of the proposed ordinance. The proposed ordinance contains the following sections: . The RCW that authorizes cities to use photo-enforcement . Inclusion of the Model Traffic Ordinance . The purpose of automated traffic safety came~as . Procedures for issuance of citations . Disposition of violations. There were no comments from the public. Mr. Wofford asked what triggers a photo to be taken. Lt. Fisher stated that they worked with REDFLEX to determine that the traffic sfgnal must be in the "red light phase" before the camera is powered; the vehicle must cross the induction at a predetermined set speed (or higher); and behind the stop bar on the red phase before a photo is taken. It was established that Officers will have the ability to reject "violations" if all three aspects are not met. He also responded to concerns about the short lights due to Kitsap Transit and emergency vehicles Mrs. Arends asked if the current staff level is sufficient to deal with the added responsibilities and duties of this program. Lt. Fisher replied yes, because the City has a dedicated Traffic Unit. Ms. Robinson asked what happens at the end of the 5-year term if it is determined this is not a viable program for the City. Lt. Fisher stated that at the end of the 5-year term, there is an option to extend the contract for 2-years; eliminate the program, or even search for a new vendor. Mr. Shepherd stated that most people are pleased that the City is dealing with the safety concerns of the community and thinks this new program will be very effective. Ms. Priest asked what level of fine the City was going to start with. Lt. Fisher stated the fine for the red-Iightinfraction is currently set at $112, and $177 for school zones. However, at the end of July City Council Reg. Mtg. Minutes Wednesday, July 18, 2007 Page 3 of 4 the Legislatures approved an increase so an additional $12 will be added to each fine [raising the fines to $124, and $189 for school zones]. Mr. Brockus asked what actually happens with the streaming videos, how long are they kept, and is the information subject to the Freedom of Information Act request. Lt. Fisher responded that REDFLEX WOULD keep a copy of the evidence packet on each violation that results in a citation being issued for no less than seven years, but for violations that do not result in the issuance of a citation, REDFLEX will keep the packet for no less than 30-days. He further responded that they would work with the City Legal Department if a subpoenaed, whether federal or state. Mr. McConnell asked why these infractions are treated in the same category as parking infractions. Lt. Fisher summarized that it was specifically tied to laws for violations that occurs when an officer is not there on the scene. He believes the Legislature wanted to put a program in place to solve some problems without obligating an officer to Court appearances. This is another tool designed to monitor intersections and school zones, and hopefully to increase public safety and change driver's behavior. Lt. Fisher also addressed a question about how many cameras would be used at each intersection. Mr. Gehrina admitted that he was not supportive of this program when he first heard about it, however he has now deducted that this is a good program to increase safety. However, he asked how long drivers would be inconvenienced during installation of the induction loops. Mr. Mecham responded that the streets would need to be cut up, and he is anticipating it to be about a 5-6 hour job. Mr. Gehrina stated that once the intersections are determined, can they be changed. Lt. Fisher answered that language is provided in the contract to allow changes. Mr. Maupin was also initially against this program, but after hearing all of the facts presented, he clearly sees the benefits, most importantly, it allows the Officer to be somewhere else. He asked if it has been a problem in other jurisdictions for people claiming they were not the driver of the vehicle at the time of the infraction. Lt. Fisher responded that it has been a problem in other jurisdictions, which is why the City of Lakewood is proposing nomination language in their ordinance. The City has the obligation to prove the violation by a preponderance of the evidence, so Bremerton has worked to construct language in this ordinance that would address some of the issues the other cities did not address before they started their program. Mr. Brockus read a statement into the record to explain why he can not support this program. 06:23:30 M/S/C (Arends/Shepherd) Move to pass Ordinance No. 5018, creating a new Bremerton Municipal Code Chapter 10.42 regarding regulating and using photo enforcement devices. Voted in favor of Motion: McConnell, Priest, Shepherd, Robinson, Arends, Wofford, Gehring, Maupin Voted opposed to Motion: Brockus Motion carried: 8-Yes; 1-No 6B - CONTRACT WITH REDFLUX TRAFFIC SYSTEMS FOR PHOTO ENFORCEMENT (#AB07- 183): Mike Mecham, City Engineer, stated that the Public Works & Utilities Department, with the assistance of the Police Department and the Municipal Court, issued a Request for Proposals for photo enforcement of signalized intersections and school zones. REDFLUX TRAFFIC SYSTEMS was most responsive and was selected for Photo Enforcement Services. A POWER POINT presentation was displayed to provide details of the contact and the benefits to the City. There were no comments from the public. 06:29:05 M/S/C (Priest/Wofford) Move to approve contract with REDFLUX TRAFFIC SYSTEMS for Photo Enforcement and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. City Council Reg. Mtg. Minutes Wednesday, July 18, 2007 Page 4 of 4 Voted in favor of Motion: Priest, Shepherd, Robinson, Arends, Wofford, Gehring, McConnell Maupin Voted opposed to Motion: Brockus Motion carried: 8-Yes; 1-No COUNCIL MEMBER REPORTS Mike Shepherd reported on his attendance at the 2007 Summer Safety & Health Fair at Puget Sound Naval Base (PSNS); and invited all residents to the 8th annual District 5 Picnic to be held Saturday, July 28 at Evergreen Rotary Park. Adam Brockus quoted a driving instructor who used to say, "There's no such thing as an orange light". With no further business, President Maupin adjourned the Council Meeting at 6:33 PM. pr1U/l~ ) LORI SMITH. '-.,../ Legislative Assistant Attest: C,,{t-IJ'IJ~ ~ PAULA JOH TON, Ci Cler WM:PJ:ls:cg