Simpson warns that communism is the #1 killer – over 100 million – and we shouldn’t let it happen here. He comes out strong for My Body, My Choice … but I’m pretty sure that only applies to vaccines. In reality-based actions, (5A) Lt Elton explains that BPD is not purchasing any militarized equipment through the LESO Program. All Councilors accept that cots, blankets, computers, etc., are not the grenade launchers feared by some members of the public – I arrived just as that comment was ending, so this is my best guess. It was unanimously adopted, anyhow. (5B) Biopods to be installed at inputs to Ostrich Creek below Auto Center to filter out phosphorus, zinc, other heavy metals. I asked about the structures, wasn’t given time to ask follow-up about how the biopod contents would be maintained, e.g., new filters to replace clogged ones on what schedule by what contract provision. (5C) Prosecutor Hersey details various minor housekeeping measures to make our Municipal Code consistent. (5D) The new laws on drug offenses make drug use a public health issue, not an arrestable crime. Apparently, you get three tickets, like traffic tickets, and on the third one something pings in a database and you’re urged or required to get treatment. This was not completely clear to Mr Hersey, though he was strongly on the side of compassion & the effectiveness of treating addiction as a public health issue. If the Prosecutor isn’t 100% certain, I’m certainly allowed to be a bit confused. Finally, (6) Councilor Reports, formerly a time when park clean-ups or meetings or specific district issues were aired, was enlivened by Mr Simpson’s discourse on fighting communism by elevating personal choice, as elected officials are constitutionally bound to protect individual rights above all others.
Gorman absent, Daugs acts as President for this meeting. I was doorbelling, arrived at 6:21, at the end of public comment on item 5A.
3. PUBLIC RECOGNITION
4. CONSENT AGENDA
A. Claims & Check Register
B. Minutes of Meeting – September 15, 2021
C. Minutes of Study Session – September 22, 2021
D. Minutes of Special Meeting – September 29, 2021
E. Confirm Appointment of Ansley Clark to the Arts Commission
F. Public Works Agreement with Hokkaido Drilling, Inc. for the Well 13 Rehabilitation
G. Ordinance No. 5430 repealing Chapter 3.99 of the Bremerton Municipal Code entitled “Pendergast Regional Park Construction Fund”
5. GENERAL BUSINESS
A. State Plan of Operation (SPO) between the State of Washington and the Bremerton Police Department for the Law Enforcement Support Office (LESO) Program
Lots of public comment, which I missed because I was doorbelling. Watkinson, Rebelowski, others.
Lt Elton presents. Sullivan confirms that no militarized equipment is purchased through this program. Dennehy confirms that all equipment has to stay within the program, specifically within Bremerton. Simpson: This is a great program, not intended to militarize the police, provides BPD with expendable durables, like blankets, cots, etc. It helps the police help the community in emergencies. He goes on to explain what Lt Elton had explained at length. Mayor, to respond to Jane Rebelowski comment, asks Elton to point out how restricted BPD is, by state law, as to military weapons. Dennehy speaks again to say that grenade launchers, semi-automatic, other military weapons, all prohibited. Elton says there’s $900 / yr. to cover transfer of these items. More convo re how extremely non-military these items are – exercise mats, computers, etc. Motion carries unanimously.
B. Contract with SCI Infrastructure, LLC for the Ostrich Bay Creek Stormwater Retrofit Project
$1,025,002 contract to install biopods that will filter out heavy metals before stormwater runoff carries them to the most polluted creek in “kids that” county. I ask for a description, am shown rectangular box with two layers of different mineral-appearing substances that, after large trash is filtered out, filter out phosphorus, zinc, etc. Daugs asks about traffic congestion from construction – Fridriksson says that since multi-modal project on Kitsap Way is having trouble getting the signals, their work will be done and DONE by time that multi-modal project gets going. Motion carries unanimously.
C. Ordinance No. 5431 amending Title 9A of the Bremerton Municipal Code entitled “Criminal Code”
Gary Hersey, City Prosecutor, announces various dull housekeeping. First, re “revenge porn”. This was passed as an RTW in 2015, Hersey wants to enter it into the code. Reporting domestic violence now misstates RCW 46 150, it should say 298.36.150. Third is “unwanted touching” done with sexual motivation – this language in the RCW should be entered directly into the Code. Fourth, tampering with fire alarm, i.e., messing with it when there’s no fire. This isn’t a crime in Bremerton right now, so the crime has to be reported to the County. Fifth, correct citation for computer trespass to the second degree, computer trespass in the commission of another crime. Sixth, bail jumping has now been called “failure to surrender” and that language should be in our code. Seventh, unique to Bremerton code, BMC 9A44.130 and 9A44.140 – unlawful solicitation in prohibited roadways and in designated locations. Hersey wants these struck because WA Supreme Court struck down similar laws in Lakewood v Willis as unconstitutional. He mentions several ways these behaviors can be addressed without getting all unconstitutional.
Public comment – Jordan Keller – so full of static no one has any idea what he’s saying.
Council discussion – So, this is just housekeeping? Hersey – Yeah. Simpson does make a good point when he asks Hersey to a) define mens rea “for the audience”, which you gotta admit is an effective way to say, hey, WTH is mens rea? He further clarifies that “solicitation” in Item 7 isn’t about prostitution, but about panhandling. Motion passes unanimously.
D. Ordinance No. 5432 amending Chapter 9.88 of the Bremerton Municipal Code entitled “Drug Offenses”
Starts about 7:15pm. Wow! This guy Hersey is a young Bob Ferguson! We have Emily Randall, Tarra Simmons, a great progressive slate for Mayor, Council, and Judge, i.e., Executive, Legislative, Judicial. Now, looks like we have a rabble-rousing Sinclair Lewis prosecutor right here in River City. Basically, he’s saying that our regulations have to be in line with new state regs. And he’s saying that drugs are a public health crisis, which the new law recognizes. That this will be more effective, better for the drug-dependent, less expensive, and more compassionate. Jailing people for drug use doesn’t work. Rehab works.
Younger asks, and can’t fault him for asking, how the H does this work? Practically, if you see a guy smoking meth in a parking lot, you can’t arrest him? You can’t detain him? You just write him a ticket that’s like a traffic ticket? Hersey says yes. Simple possession (and apparently, use) isn’t a crime. Hersey’s interpretation of the statute is that giving a ticket is entered into a database. After three tickets, it appears that an arrest and/or mandatory rehab are justified – but all still new-minted from legislature. Simpson delivers himself of a diatribe on the conundrum that our police forces now face, the overturn of 70 years of case law, the misguided Supreme Court. Etc. I dunno. Many of the statements in his time on air stunned me to silence. Any caring reader should distill them and send them to me. I had a long long doorbelling day. Meanwhile.
Dennehy gives me a shout-out! He echoes my pride in being of Bremerton after hearing Hersey’s peroration. He goes on to be – gotta say it – a worthy successor to Lori Wheat the Compassionate Realist.
Motion carries unanimously.
6. COUNCIL REPORTS
Dennehy leads with impassioned, informed, rage against the selfish who cloak their selfishness in disdain for expertise. Goodnow describes the October cleanup of Forest Ridge.
Simpson is up next. 19:35:00 (approx.)
[Start transcript – with emendations and punctuation added by AM] Thank you vice president. So first of all, I’d like to remind the community that the thing that has killed more people than anything else is communism.
You know communism has killed 100 million people.
We should not let that happen here.
Now, in that vein.I am all up the floor [no idea what this was – AM. On board?] about the idea of keeping yourself safe here so if you feel you need to wear a mask please do so, that will help you out. If you feel that you need to get a vaccine. 19:35:53
Please get the vaccine and get it taken care of, do what is, do what is, is the right decision for you. 19:36:00
You know, talk to your medical provider, get there, get their advice and make an informed decision about it, but do what you need to do to keep you and your family safe now. 19:36:10
So those in the community that that seem to want to enforce a vaccine mandate were locked out [no idea what this means – AM] I respectfully disagree with your opinion. 19:36:23
And with that, I think we need to look at, as elected officials, at what what are our first duties. Our first duty is according to our state constitution to preserve the individual rights for citizens and a vaccine lockdown a vaccine mandate does not preserve that individual life. It’s incumbent upon the individuals to make the decisions for themselves. And we should preserve that right and not force people into something that they have questions about. 19:36:54
Now, if you have questions, again, talk to your medical provider, make the decision to this question for you. Do what do what is necessary to protect yourself and the community, but the government should never get in between your … the decision between you and your doctor. 19:37:12
In this state we have maintained the idea that it is my body, my choice. And I don’t think that we should ever get away from that decision. It should never be never be an elected official, that makes the decision for you. 19:37:25
It should be your decision between you and your doctor. Bodily autonomy is a right and it is something that we have always had to stay. 19:37:34
Thank you. [End Transcript]
Simpson stops speaking. Leslie Daugs announces some event. No one pays attention and no one expects it. They’re all stunned. Daugs moves to adjourn.
7. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING and so it came to an end at 7:40pm.