HomeMy WebLinkAbout02/04/2009
DIGITAL RECORDING
FEB 1 8 2S09
CITY COUNCIL MEETING MINUTES
Wednesday, February 4, 2009
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday,
February 4, 2009, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT
CENTER, 345 6th Street, Bremerton, Washington, with Council President Cecil McConnell presiding.
Council Members present were Nick Wofford, Will Maupin, Carol Arends, Dianne Robinson, Mike
Shepherd, Roy Runyon, Adam Brockus, and Brad Gehring. Also present were City Attorney Roger
Lubovich; City Clerk Carol Etgen; and Council Assistant Christine Grenier.
A COUNCIL BRIEFING was held to discuss General Council Business; and at 5:30 PM the meeting moved
to the First Floor Meeting Chambers.
The Pledge of Allegiance was led by Council Member Brad GehrinQ followed by the invocation
provided by Reverend Ron Anderson of Manette Community Church.
MAYOR'S REPORT
. Thanked Council Member Cecil McConnell and Nick Wofford for serving on the interview panel
which selected A. Andrew Parks as the new Financial Services Director;
. Provided an update on the proposed Federal Stimulus Package and will be making sure that
Bremerton will receive some of the funds for schools, playfields, and other needed projects; and
. Will be attending meetings in a few weeks to discuss ferry funding issues.
PUBLIC RECOGNITION & ANNOUNCEMENTS
Nick Wofford announced that U.S. Census Bureau will be hiring for the 2010 Census. For more
information on available field positions, please contact the U.S. Census Bureau at (866) 861-2010 or
George Brainerd, Recruiting Coordinator at (360) 479-2104.
Carol Arends announced that the Utility Billing Office will be moving on Monday, February 9 from their
current location on Olympus Drive to the newly renovated Public Works Facility located at 100 Oyster
Bay Drive.
Rov Runvon announced that the next "Citizens Write Ferry Plan C" Meeting will be on Saturday,
February 7 from 9:00 AM to Noon in the Norm Dicks Government Center. For more information, please
contact Debbi Lester at debbilester@vahoo.com or Kari Ulatoski at kulatosk@fhcrc.orq; and added that
while he and Adam Brockus are involved in this process, they will not be in attendance since they will be
attending a Council Retreat at that time.
Katrina Folkerson, YMCA, announced that the next Adult Fitness class will be held on February 12 at
3:30 PM; a Valentine's Ice Cream Social will also be on February 12 from 5:30 to 7:00 PM; a Teen
Fitness class will be on Valentine's Day, February 14; Teen late night will be on Fridays from 8:30 to
11 :00 PM; and the Splash & Jam program will be on February 21 for all ages activities.
CONSENT AGENDA
A. Check Numbers 329531 through 329799; and EFT-8460 through EFT-8501 in the amount of
$2,431,573.62; and Retiree Payroll in the amount of $85,705.12 for the pay period ending January
30,2009 (#AB09-014)
B. Minutes of Meeting - January 21, 2009 (#AB09-015)
C. Minutes of Study Session - January 28, 2009 (#AB09-016)
D. Reappointment of Holly James and John Ales to the Civil Service Commission (#AB09-017)
E. Reappointment of John Ales to the Arts Commission (#AB09-018)
F. Reappointment of Lois Hoell to the Planning Commission (#AB09-019)
City Council Reg. Mtg. Minutes
Wednesday, February 4,2009
Page 2 of 6
G. Approve purchase of two Dry-Pit Submersible Pumps for Pump Station WB-3 from WHITNEY
EQUIPMENT COMPANY, INC. (#AB09-020)
H. Approval of Voluntary Separation Request for Risk Manager (#AB09-021)
I. Collective Bargaining Agreement between the City of Bremerton and Bremerton Police Management
Association (#AB09-022)
J. Ordinance No. 5074 amending Bremerton Municipal Code (BMC) Section 2.50.040 relating to Work
Schedules and Leave Benefits for Managers and Professional Staff (#AB09-023)
K. Ordinance No. 5075 amending Bremerton Municipal Code (BMC) Chapters 2.06, 2.09, 2.90, and
2.92 relating to the Office of Risk Management and Safety (#AB09-024)
There were no questions or comments from the public...
5:43:30 M/S/C/U (Arends/Brockus) Move to approve the CONSENT AGENDA as presented.
GENERAL BUSINESS
6A - PURCHASE AGREEMENT WITH DAY WIRELESS SYSTEMS FOR PURCHASE OF ONE AUTO
LICENSE PLATE READER (ALPR) WITH WASHINGTON AUTO THEFT AUTHORITY GRANT (#AB09-
025): Lieutenant Pete Fisher, Bremerton Police Department, summarized that the Bremerton Police '
Department applied to the Washington Auto Theft Authority and was awarded $30,000.00 for the
purchase of one auto license plate reader (ALPR) for the Auto License Plate Recognition Program. No
matching funds are required of the City; and the total grant amount is $30,000.00. The grant expires
June 30, 2009.
There were no comments from the public...
05:44:53 Main motion was made and discussion by Council Members continued...
Adam Brockus asked what is done with non-hit data. Lt. Fisher stated that as proposed, the data
would be stored for 60 days and the only data retained is a photo of the vehicle and license plate.
Following acceptance of the grant, a policy was adopted by the Police Department regarding the data
storage with a 60 day limit. Other entities such as Homeland Security can only obtain data if there is
reasonable suspicion of a serious crime in order to access the data and a designated person is in place
to address this issue.
Will Maupin expressed concerns about storage of the data and giving up privacy rights; and expressed
opposition to the 60 day storage clause in the policy.
Roy Runyon shared concerns about data storage but appreciated those concerns being raised by fellow
Council Members.
Nick Wofford asked who sets retention guidelines in the Police Department; Lt. Fisher responded that
the retention timeframe is ultimately approved by Police Chief, but W APEG set the policy.
Mr. Brockus did not agree with retention of non-hit data for anytime frame; and hopes that the Police
Department will come back with a way to address this.
Mike Shepherd emphasized that this program is designed to track or locate stolen vehicles, a problem
prevalent in Bremerton.
Carol Arends believed that this program will help to protect law abiding citizens; and agreed that there
should be a limit on how much time this data should be stored.
City Council Reg. Mtg. Minutes
Wednesday, February 4,2009
Page 3 of 6
Chief ROQers emphasized that there is limited information (license plate and photo of vehicle) that
would be stored; a proposed change from 60 days to 30 days in storage of non-hit data will be taken into
consideration before implementation of this program, assuming we proceed with the purchase.
Mr. Lubovich reiterated that the Council may place a condition ,on the purchase which would include a
30 day data retention limit for non-hit data.
06:05:58 Amending Motion was made and discussion among Council Members continued...
Deidre McKeel asked if the non-hit data can be accessed while in storage. Lt. Fisher answered that
officers can not check the database on a random basis, only for clear hit data.
Chief ROQers assured Council that there program updates gnd discussion about any program issues
could be reportE?d through the Public Safety Committee.
President McConnell believed this program would serve as a tool to "catch bad guys".
06:16:58 A-M/S/C (Shepherd/Brockus) Move to authorize the Mayor to finalize and execute the Day
Wireless Systems purchase agreement with substantially the same terms and conditions as presented
on the condition that the Police Chief amend the model policy as adopted to utilize a 30 day retention
period for non-hit data as opposed to a 60 day retention period.
Council Members then discussed the main motion...
Mr. Maupin again expressed concerns about the invasion of privacy of law abiding citizens.
Mr. Shepherd hoped that this program would reduce some friction between residents and police.
Mr. McConnell added that most businesses, shopping areas, and public agencies already take photos
of vehicles.
Mr. GehrinQ supported the program since it would result in less liability because the police would have
more accurate information on license plates, and they would not be pulling over the wrong vehicles.
06:22:05 M/S/C (Arends/Wofford) Move to authorize the Mayor to finalize and execute the DAY
WIRELESS SYSTEMS purchase agreement with substantially the same terms and conditions as presented
as amended.
Voted in favor of Main Motion: Runyon, Shepherd, Robinson, Arends, Maupin, Wofford, Gehring, and
McConnell
Voted opposed to Main Motion: Brockus
Motion carried: 8-Yes; 1 -No
PUBLIC HEARING
7 A - ORDINANCE NO. 5076 CREATING A NEW CHAPTER IN THE BREMERTON MUNICIPAL CODE
ENTITLED "TRANSPORTATION BENEFIT DISTRICT" (TBD) AND CREATING THE BREMERTON
TRANSPORTATION BENEFIT DISTRICT (#AB09-026): Public Works & Utilities Director Phil Williams
summarized that RCW 36.73 provides for the establishment of transportation benefit districts and for the
levying of additional revenue sources for transportation improvements within the district. The proposed
ordinance establishes a citywide transportation benefit district in order to provide for transportation
improvements that improve modal connectivity and that specifically focus on protecting the City's long
term investments in its infrastructure, reducing the risk of transportation facility failure, improving safety,
continuing optimal performance of the infrastructure over time, and avoiding more expensive
infrastructure replacements in the future. A POWER-POINT@ presentation was provided to provide further
details about the proposal.
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City Council Reg. Mtg. Minutes
Wednesday, February 4,2009
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City Clerk Carol EtQen announced that approximately a dozen citizen e-mails and comments were
received, provided to the Council Members for their review, and included as a part of the official record.
President McConnell opened the public hearing. . .
Chris Witt expressed concerns about much needed repairs for sidewalks, specifically for use by
pedestrians, h?ndicapped access, and bicycle use; and asked if sidewalks would be included in the
proposed district. Mr. McConnell emphasized that the only action before Council is to approve the
formation of the transportation benefit district; and that discussion regarding proposed funding and
projects would be held at a later public hearing; and believed that sidewalks would fall under the needed
projects.
Ms. McKeel objected to the formation of the district to address maintenance shortcomings in the city's
budget; but agreed that the streets do need improvements.
Art Castle, Home Builders Association, believed that the roads must be maintained and that the
Legislature created opportunities for cities to successfully to do this by creating the district.
Mark Kuhlman, Kitsap Lake Neighborhood Association, supported the formation of the district and
hoped that this would allow improvements in our community.
Mike Mosey, local auto dealer, offered his support.
Gary Butterfield suggested that the city remove speed bumps and use that material to fill potholes; and
that funding for streets should come from the general budget rather than another layer of fees.
Ghvvrn Hobson, Street Division, emphasized that without proper funding, the Streets Department will
lose skilled employees who are prepared to do the work needed to improve the streets.
Bob Murphy supported the proposal since it would ultimately improve our infrastructure.
President McConnell with no further comments, the public hearing was closed.
06:48:08 Main motion was made and discussion by Council Members continued...
Mr. Shepherd asked if the administration explored whether this district could include Kitsap County. Mr.
Williams answered yes, this possibility was considered, but that the aim of the transportation benefit
district would be project oriented within Bremerton so we would not be extending to the county. Mr.
Shepherd emphasized that for years funding for street improvements has not been treated as a priority
and the city should properly fund the program, and not by adding fees. Mr. Williams clarified that some
pavement preservation concerns are addressed by the State when highways are involved.
Roy Runyon asked what impact the cold weather has had on our streets. Mr. Williams answered that
large potholes have developed during the series of winter storms. In addition, 270 of 1700 street
segments are rated 0 out of 100 according to the Overall Pavement Condition Index (OCI).
Mr. Runyon asked if establishing a district will set a funding source. Mr. Williams responded no, that
the Council would have to meet to discuss funding at a later time.
Dianne Robinson asked how the proposed legislation by the State would impact this proposal. Mr.
Williams responded that there may be clarification on how the fee would be collected and would
somehow allow streets to be made part of the utility. Ms. Robinson also asked for clarification on how
the fee would be collected. Mr. Williams answered that the Department of Licensing would retain up to
1 % of the fee.
City Council Reg. Mtg. Minutes
Wednesday, February 4,2009
Page 5 of 6
Will Maupin emphasized that following passage of 1-695, the State eliminated the MVET funding source
and the city has since struggled to locate funding to support the streets; and supported the proposal.
Brad GehrinQ stated that once a street rates below 45, the rate of deterioration increases more rapidly;
recognized that the streets have to funded and this is the first step in repairing streets which are far less
costly than replacement; and believed that it should be clear to the public what projects that would be
funded. Mr. Williams added that if the status of an individual street were looked at, then the level of
deterioration does not behave in a linear fashion. What was included in the presentation was an overall
representation of streets.
Mr. Shepherd expressed concerns that more fees will discourage business and spending within
Bremerton.
Mr. Wofford added that there is no predictable revenue source for streets and the transportation benefit
district would provide stable funding; clarified that when MVET was reduced to $30, then the City no
longer received any funding; and explained that in order for the streets to be fully funded and supported,
the city would need about $600,000.
Ms. Robinson asked for clarification on the timeframe that the district could be established. Mr.
Williams responded that 6 years would allow for some tangible results but not long term.
Mr. Shepherd asked for clarification on the proposed board that would provide oversight to the
transportation benefit district. Mr. Williams responded the Board would be responsible for reviewing
projects including streets and sidewalks.
Mrs. Arends commended the Public Works Department for their work; believed this is a good idea but
bad timing since the Legislature is discussing the matter; and hoped that we could revisit this discussion
later in the year when more information is available and we have a better sense of our budget status.
Mr. McConnell agreed that this issue should be county wide so that everyone should pay for using our
streets, just as we should pay for using other jurisdiction's streets.
07:29:27 M/S/C (Wofford/Brockus) Move to pass Ordinance No. 5076 creating a new chapter in the
Bremerton Municipal Code entitled "Transportation Benefit District" and creating the Bremerton
Transportation Benefit District.
Voted in favor of the Motion: Maupin, Wofford, Gehring, Brockus, Runyon
Voted opposed to the Motion: Shepherd, Robinson, Arends, McConnell
Motion carried: 5-Yes; 4-No
President McConnell recessed the meeting at 7:30 PM and reconvened at 7:38 PM. Brad GehrinQ
announced that he would recuse himself from part of the Executive Session due to a conflict of interest.
Council then held a 20-Minute Executive Session to discuss "Pending ,Litigation" and "Potential
Litigation" per RCW 42.30.110 (1 )(i). The Executive Session was extended for 15 minutes.
President McConnell then reconvened the Council Meeting at 8:09 PM.
EXECUTIVE SESSION
8A - 35-MINUTE EXECUTIVE SESSION TO DISCUSS "PENDING LITIGATION" AND "POTENTIAL
LITIGATION" PER R.C.W. 42.30.110(1)(1) (#AB09-027):
08:09:22 M/S/C (Maupin/Arends) Move to authorize the Mayor and City Attorney to file an appeal to the
Central Puget Sound Growth Management Hearings Board of the City of Port Orchard's Comprehensive
Plan and associated documents as amended by Port Orchard Ordinance No. 042-08 and to take all I
City Council Reg. Mtg. Minutes
Wednesday, February 4,2009
Page 6 of 6
action necessary to prosecute the appeal as it relates to the provision of utilities, land use designations,
and related issues regarding the SKIA Urban Growth Area.
Voted in favor of the Motion: Robinson, Arends, Maupin, Wofford, Gehring, Runyon, Shepherd, and
McConnell
Abstained: Brockus
Motion carried: 8-Yes; 1-Absention
COUNCIL MEMBER REPORTS
Brad GehrinQ announced that there will be "A Hand Up" benefit concert for the Kitsap County Food
Bank Coalition and to please contact (360) 377-3360 for more information.
Adam Brockus mentioned the antique shop in Manette was now under new management and at a new
location on the corner of East 11th & Scott Streets; and the grand opening will be in March.
Roy Runyon reported on budget discussions from the Board of Health meeting he attended; hoped to
see a marketing plan for the condos downtown; thanked code enforcement for responding to a
complaint; and thanked citizens for providing their feedback on the transportation benefit district issue.
Mike Shepherd participated in the homeless count last week and emphasized the importance of
immunizations for children; and thanked the Health District for offering information and services during
the count.
Dianne Robinson reported on several events for Black History Month including an .exhibit opening of
"Faces in the Shipyard" on Monday, February 16 at the Navy Museum; and invited people to view
exhibits on "The Sinclair Park Project" at the Kitsap County Historical Museum during 15t Friday Artwalk.
Carol Arends attended Kitsap Regional Coordinating Council Executive Board meeting this week and
commented that they are now looking at the board's plan for the year; attended the welcoming reception
for Admiral Keating and was pleased that the Navy is part of Bremerton.
Will Maupin also reported on KRCC where there was discussion on the Federal Stimulus Package.
Nick Wofford congratulated the Habitat for Humanity for completion of their 50th home in Kitsap County;
an informational meeting for the Women Build program will be tomorrow night at 6:30 PM at the Habitat
for Humanity Office located at 811 Veneta; and thanked people and staff who participated in the
Transportation Benefit District Open House held on Monday night.
With no further business, President McConnell adjourned the Council Meeting at 8:21 PM.
Prepared and Submitted by:
jX- ~
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CRRIST~ GRENIER "'00
Council Assistant
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