HomeMy WebLinkAbout06/21/95TAPE #1295
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UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
COUNCIL
APPROVED
JUL I2 1995
JUNE 21, 1995
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, June 21, 1995, at 5:30 P.M., with
Council President Sherril Huff-Menees presiding. Council members
present were Bob Winters, A1 Colvin, Morrie Dawkins, Carlos
Montgomery, John Law, David Farr Richard Neville, and Lon Overson.
Also present were Acting City Attorney Joanne Dantonio and City
Clerk Kathy McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Huff-Menees and Invocation given by Father Randal
Wilkinson of St. Paul's Episcopal Church.
#0013
#0031
CONSENT AGENDA
A. Minutes of Meeting - June 7, 1995
#AB95-132
M/S/C/U(Neville/Colvin) to approve Consent Agenda as presented.
CLAIMS/CHECK REGISTERS
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 that
had been made available to the Council.
M/S/C/U(Colvin/Dawkins) on June 21, 1995, the Council does approve
for payment those vouchers included and further described as
follows: 185602 through 185813 in the amount of $528,028.78; and
Regular Payroll for the period ending June 15, 1995, in the amount
of $627,607.61.
President Huff-Menees made the following announcement:
(1) City Council Executive Session - Wednesday, June 28, 1995,
5:00 - 5:20 P.M., in the Council Conference Room. Topic of
discussion will be "Real Estate Acquisition".
COUNCIL MEMBER REPORTS
Mr. Winters announced the KitsapLake Neighborhood Association will
meet on June 27, 1995, 6:30 P.M., at the Cascade Natural Gas
building. The main topic of discussion at that meeting will be
what's happening on Kitsap Lake. Jack Lefcoski had previously
mentioned that Kitsap Lake residents were trying to ban motor boats
on Kitsap Lake...that is not the case. Mr. Winters encouraged
those who use the lake for any type of activity or live around or
near the lake to attend the June 27th meeting. He stressed the
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importance of safe activities on the lake.
Mr. Colvin reported he had the opportunity to visit the City of San
Antonio, Texas for a few days. He carried a letter of greetings
from Mayor Horton to the Mayor of San Antonio. He observed the two
cities share some common problems. He acknowledged the receipt of
a card from a city resident about the adverse affect of Scotch
broom. He encouraged members of the public to continue making
their opinion known regarding the Scotch broom issue. He attended
the Bremerton Chamber Of Commerce's Tyee Award ceremony and
congratulated Bill Enger, Jerry Reid and CAPT George Yount on their
being recipients of that award.
Mr. Dawkins announced the Gold Mountain Women's Invitational Golf
Tournament will be held June 22. Golfers have to be aware of the
tree falling that is taking place in preparation for the golf
course expansion.
Mr. Montgomery reported Forest Ridge Park street closure has been
completed. He cautioned people to please be careful and not run
over the temporary barricades. Pendergast Regional Park opening
date is scheduled for June 28.
Mr. Law reported District #3 held its monthly meeting on June 20.
Senator Betti Sheldon was the guest speaker at that meeting as well
as meeting and getting to know District #3's "beat Patrol Officer".
Mr. Fare reported he had a Brem-Air issue surface within the past
few days involving Brem-Air's attempt to collect some delinquent
accounts for garbage collection. It appears a lot of severely over
due customers received notices indicating that their accounts would
be turned over to a collection agency and that the landlords would
be notified and proceedings would begin involving a lien against
the landlords' properties. He and many other landlords are
concerned with such action being taken. Today he did talk with Bob
Barris, Manager of Brem-Air and the City Clerk, and apparently
there is some further development on the issue; however, he would
not go into a lot of detail at this time. He is hopeful this issue
will be resolved to everyone's satisfaction. Apparently Brem-Air
agreed not to pursue the lien action for at least 60 days. He
emphasize prompt payment of garbage bills will eliminate the
problem. His personal feeling is that he strongly disagrees with
the principle of attaching liens to people's property for other
peoples' failure to pay their bills and that applies to this case
and also other utility issues. He was disappointed to see the
recent legislation to repeal such action turned down.
Mr. Neville announced the Parks Department will soon begin their
process of removing and pruning hazardous trees in City parks. It
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is anticipated 18 trees will be removed from Evergreen Park, one
tree at the Warren Avenue Playfield and 7 tress in East Park.
Following the removal of trees, the Parks Department will plant new
ones. He reminded everyone of the Hazardous Waste Collection
starting June 28 to July 1 at Olympic College.
Mr. Overson carried on with Mr. Farr's comments regarding the Brem-
Air issue. He understands the concern, however, he tends to agree
with the requirement that landlords be held responsible for those
payments because it is a very simple process for the landlord to
include the cost of garbage service in their rental fee. He
referenced a recent newspaper article on the USS Missouri and its
possibility of being retained in the City of Bremerton. There is
a lot of support on the City Council for that ship being placed in
the downtown area irrespective of what The Sun stated. He hoped
people in this area were appreciating the nice weather currently
being experienced. His mother, who resides in Pensacola, Florida,
is visiting this area in hopes of getting away from the unpleasant
weather in her area of Florida. Recently, one of their Bed &
Breakfast client's from Ireland shared with him the fact that some
of their cities' downtowns are deteriorating because of development
of malls out in the countryside.
MAYOR'S REPORT
Mayor Lynn Horton stated about two years Bob Tulp, Electronics
Division, asked permission to work on a project involving a
convention of the International Signal Maintenance Association.
That convention is being held in Bremerton at the Bayview this week
with about 180 attendees. She thanked the City staff members for
their effort in bringing this conference to Bremerton, which
provides an opportunity to act as hosts as well as take classes and
become certified in specific skills.
Street construction projects are underway and she reminded
residents their streets may be torn up in addition to the Warren
Avenue CSO project.
Mayor Horton reminded everyone schools would be letting out for the
summer on Friday and cautioned drivers to please be careful.
PUBLIC RECOGNITION
JerrVSoriano expressed his concern over Brem-Air Disposal's recent
action to place a lien again a landlord's property based on
nonpayment of garbage bills by the tenant. He received a handful
of garbage bills that covered a time frame of over one year along
with a letter from Brem-Air stating those bills must be paid by
June 26 or a lien would be placed against his property. He did not
appreciate receiving such and notice and asked requested the City
Clerk forward to him a copy of the rules and regulations only with
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regard to: (1) where it is a lien on the land; (2) what are the
rules and regulations on giving a landlord notice. He called Brem-
Air and basically they were not able to give him any creditable
information, if anything they gave him absurd information on how to
solve this problem. He acknowledged the City sewer and water bill
does show that the charges are a lien on the property, but any time
a tenant is delinquent he receives a notice right away. Brem-Air
has a duty like anyone else to try and mitigate their losses, but
they can't just assume that he, as a landlord, is able to pay down
the line, and yet they continue to give service without giving him
any notification whatsoever of a delinquency. Brem-Air told him
just to make phone calls to them and they'll tell him if someone is
delinquent, but not the amount outstanding. He did not see how
that would help him. Something is needed with regard to the
regulations and notice requirements that would be provided. He
emphasized he did not open the accounts for garbage service, they
were opened by the tenant and he is not interested in paying all
the bills of a tenant. In this city a lot of the individuals are
low income. He looked at the list of individuals Brem-Air was
going after and three quarters of his required him to initiate
unlawful retainers to get them off his property because they didn't
pay their rent and on two of them he had over $1,000 bills for
clean up. Brem-Air is now charging him for six months on one
account that they claim they picked up garbage. Mr. Sorriano
stated that could not be true since the residence was vacant for
the past six months. He did not stop the service because he was
not aware he had to - there was no service, but Brem-Air is suppose
to provide service. Then Brem-Air told him when people are
delinquent one month their name is placed on another card, however,
they continue to pick up the garbage because the City says they
must, however, he as a landlord is not given notice. Under no
circumstance will he consider paying the delinquent accounts. He
has owned rental properties since 1978 and he has never had a
problem, however, he is instructing the individual helping him with
his rentals to change the requirement for who he rents to.
Alex Roos stated he also had great concern over Brem-Air's recent
actions against landlords and delinquent accounts. At the
Apartment Owners' Association's Executive Board meeting on Tuesday
evening they received thunderous phone calls from many of their
members concerning this problem. He spoke with Mr. Farr this
morning and was please that some kind of action was being taken.
He would also like to see the rhyme or reason, legality and common
sense approach to handling garbage. He hopes the City will take
action to have the various problems adjudicated so the landlords'
know where they stand and there are things that need to be changed.
The Apartment Owners' Association will gladly work with the City to
the benefit of all concerned.
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Mary Bump, Anderson Cove resident, reported on the clean up event
held in their neighborhood. She read off names of individuals and
businesses that were involved with their clean up effort. She
talked about the neighborhood having been ignored for a long time
by both its tenants, landlords and everyone, however, with the
cooperation with the residents and the City, they have accomplished
a tremendous amount. She believes the entire neighborhood will
benefit from the new playground that will be put in for their
children. She does not believe having the park in its presented
location will bring in drug type activity.
President Huff-Menees thanked Mrs. Sump for her leadership and
enthusiasm that brought this about as well.
Mr. Farr stated he believed Mary was modest about her own
accomplishment and the neighborhood and City are fortunate to have
someone who will work this hard to accomplish what she has done.
He has driven through the neighborhood and noted there has been a
great improvement and he fully supports the efforts to develop a
park/playground.
John Thomas stated a number of times he has provided Council and
the Mayor copies of State laws concerning noxious weeds, but all he
gets is lip service about getting rid of the offensive plants. He
was reminded of a similar situation where neighbors were
complaining about the sewer treatment plant smell, but the City did
nothing, and that ended up only costing the ratepayers 4 million
dollars. Along the same lines, when he worked on Mayor Horton's
campaign one of her big issues was the Fire Department, but
nothings has been done to correct the undermanned situation. He
didn't think it would be too long before Labor & Industries would
be fining the City because of an accident that results in the loss
of life of one of the firemen. One of these days it will be real
nice if the City Council will listen to what the citizens are
saying - they are not stupid. A couple of weeks ago he was asked
if he would consider running for City Council to replace Mr. Law,
if he chose to not run again. At that time, he said no, but now he
is thinking about it. If Mr. Law steps down, he will run for that
position, or may even run for Mayor.
Carol Atklnson, Bremerton Main Street Association, talked about the
flyers for the concerts on the boardwalk and anyone wishing more
copies can obtain them by stopping by the Main Street Office. She
also announced the Bremerton Main Street Association hosted a press
party at the Washington Avenue Art Gallery last Friday for an
unveiling of a print of a painting by artist Cynthia Tyrell for the
Bremerton branch of the Vietnam Veterans Association, which is now
on sale. She thanked Councilman Lon Overson for taking time out
his busy schedule to meet with her last week.
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Rio Wallace, 1305 Bayview Drive & C Street, stated in December of
1994, he heard about the possibility of the City condemning
properties within his neighborhood. Since that time, he has put
his "life on hold" waiting to see what happens and the residents
within that neighborhood have met several times to discuss what
might happen to them. He asked "what's going on," and he would
like a response from the City.
Roy McInnis, 2711 Maple Street, expressed his thanks to whoever was
responsible for cleaning up an area in his neighborhood. He will
be contacting the City about the build up of "abandoned" vehicles
once again in his neighborhood.
Lynn E11iott, 1207 Oyster Bay, stated she wished that she had heard
rumors as early as December about the possibility of property
condemnation prior to their buying their home in the subject area
in January of 1995. As Mr. Wallace stated, residents in that area
have met several times as a community and she prefers to keep her
home and remain part of that community. From the information she
has gathered, the condemnation action would be due to the odor
problem and saving the City money from future lawsuits. She has
not seen or heard of any other efforts being made, besides
condemnation, to address this concern. As far as she knows, no one
in the neighborhood has been approached about signing an odor
easement and several neighbors have stated that was something they
would be willing to do as opposed to losing their homes. The area
being targeted is pretty much a "straight arrow" up from the sewer
treatment plant. Since the Bremerton area gets a lot of "wind" and
if they are being singled out to be condemned because of the odor,
she questioned why target just a straight line and not a circle,
semi-circle, etc.. And, why is their area being singled out for
condemnation when new homes are being built very close to them. As
mentioned at a previous Council meeting, the home she and her
husband purchased is their first and they spent many years working
hard to get them to a point where they could afford a home. They
gave a lot of thought to where they wanted to settle down and
planned on staying in Bremerton for quite awhile. Imagine their
shock when they were in their home only two months and heard that
the City might condemn their area. They have made improvements to
their house, however, they have put any further improvements on
hold until they know what their future is in that area. As new
homeowners, if their house is condemned, even if they get fair
market value for their home, they will come out in the red because
they will have to move and relocate. It is very disheartening to
her, as a parent of an adolescent and a teenager, to see the
impression they are getting about government just from the news
media. With her husband being military, they have done everything
they can to instill in their children pride in their community and
pride in our federal government.
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president Huff-Menees asked Mrs. Elliott if she had received a
letter of notification from the City? Mrs. Elliott stated she had
not received a letter. President Huff-Menees stated this is a
matter that several people have commented on during Public
Recognition over the past several weeks. She has been asked
several times why Council does not respond to the individuals who
have come forward to address this issue. Council does not have a
proposal before them and it would be inappropriate to respond to
any specifics. The one thing Council has requested with respect to
this is any potentially affected property owner be notified. If
someone has not been notified, she asked that they leave their name
and address so it can be researched and they can be notified if
they are in the area that is potential affected.
David Thompson stated if Council has not been notified, why has the
State Department of Transportation been hired to talk with the
residents about condemnation? President Huff-Menees emphasized the
City Council has not had a formal presentation brought to them on
a Council Agenda. Mayor Horton stated the City Council requested
the Administration approach all of the property owners in the
subject area to ask them if they would willingly sell their
property. The City contracted with the State to undertake that
task, which is similar to their responsibility for the Navy in the
Montgomery Avenue condemnation area. She emphasized the State is
approaching property owners not for condemnation but for purchase
of the property on the City's behalf.
Ric Wallace stated he talked with Paul Lucas, a City employee, who
told him condemnation of their neighborhood would not happen and
Mayor Horton is saying it will happen. His response to Mr. Lucas
was that the Mayor had stated condemnation would take place and Mr.
Lucas responded "she spoke out of turn".
7A - ADDENDUM TO CONCES8ION AGREEMENT FOR LIONS FIELD AND
PENDERGAST REGIONAL PARK, #AB95-133
Crazy Eric's Food Company's Concession Agreement with the City of
Bremerton expired April 1, 1995. The agreement sets the terms by
which the Crazy Eric's Food Company provides food and drink
services at Lion's Field.
In order to provide food services to Lions's field this season, the
Parks and Recreation Department is asking for an extension of the
contract for Lion's Field (April 1, 1995 through October 31, 1995).
Additionally, contractual coverage for Pendergast Regional Park is
being added for the time frame July 31, 1995 through October 31,
1995.
The addendum also addresses fee adjustments due to tournament
scheduling changes.
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Pat Westhoff, Parks Department, stated he would standby for any
questions on this issue.
Public comment - none.
Mr. Dawklns asked if Crazy Eric's Food Company had an agreement
with the City? Mr. Westboll stated not at this time. Mr. Dawkins
asked the length of the previous concession agreement? Mr.
Westhoff stated the City had contracted with Crazy Eric's Food
Company since 1984-85. Mr. Dawkins asked if the City was happy
with the services provided? Mr. Westhoff stated yes.
Mr. Neville noted the agreement for the Pendergast Regional Park
stated Crazy Eric's would provide services per league schedule. He
asked if the Tournament Schedule had been set. Mr. Westhoff stated
right now they have six tournaments (invitational tournaments) and
the Co-ed. league tournament at the end of the season. League play
(softball) is expected to start mid August. The season may be
shortened due to not having lighted playing fields.
Mr. Winters asked Mr. Westhoff to describe the response when the
City went out for bid on the concession contract several years ago?
Mr. Westhoff stated in 1990 or 1991 two bids were received, with
Crazy Eric's at 25% of the gross and the Athletic Roundtable's bid
at 10% of the gross. Mr. Winters asked if the City had future
plans for the Pendergast Regional Park site. Mr. Westhoff stated
the future plans may include the City running the concessions in-
house.
Mr. Farr asked if he understood correctly... if sales at Pendergast
Regional Park are less than $10,000 the Parks Department receives
no percentage of gross sales? Mr. Westhoff stated no, the
agreement states the City will receive a minimum of 20%.
Mr. Colvln asked if this agreement contained the right to sell
alcohol beverages? Mr. Westhoff stated no alcohol will be sold at
either park.
M/S/C/U(Montgomery/Colvin) to approve and authorize the Mayor to
execute the Addendum to the Crazy Eric's Food Company's Concession
Agreement of Lions Field and Pendergast Regional Park per said
dates and fees.
7B - REAPPOINTMENT OF ART MORKEN, JR., TO THE BREMERTON HOUSING
AUTHORITY BOARD, #AB95-134
Art Morken's term on the Bremerton Housing Authority Board is due
to expire July 16, 1995. It is recommended that he be reappointed
to this board.
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Mayor Lynn Horton acknowledged Mr. Morken is a long time Bremerton
resident and served on the Housing Authority for the past several
years. She met with him, along with several other board members,
about some change in focus for the Housing Authority so they may
become greater players helping the City in its redevelopment
efforts. She believes they are very receptive to some of those
ideas. She would like to see Mr. Morken reappointed because he is
a real asset to that board and will be a real mover to implement
some of the things the City needs from the Housing Authority.
Public comment - none.
Mr. Colvin commended Mr. Morken for his many years of service on
the Housing Authority Board and asked him to comments about his
commitment to volunteer his time in this way. Art Motken stated he
would like to remain on the Housing Authority Board and so far he
has not missed a Board meeting in five years and has been very
active on the Board.
Mr. Neville pointed out the recommendation received from the other
Housing Authority Board members was commendable where he has proven
to be a great asset and very dedicated. This true sense of
dedication is unmeasurable and we truly need more people like Mr.
Morken to step forward.
M/S/C/U(Neville/Colvin) to approve the reappointment of Art Morken
Jr., to the Bremerton Housing Authority Board.
7C - APPOINTMENT OF JOAN DINGFIELD TO THE BREMERTON PLANNING
COMMISSION, #AB95-135
There is a vacancy on the Planning Commission. It is recommended
the vacancy be filled by Joan Dingfield.
Mayor Lynn Horton stated Ms. Dingfield is a Bremerton School
District employee, an active member of the Lions Club, and worked
on a Citizens Committee For Good Schools. Over the past few months
she has become acquainted with Joan and believes she is a wonderful
asset to our community, and will be a good asset to the Planning
Commission. Joan has a clean thought process, is articulate and
she will bring a great deal of common sense. She urged Council's
support in her confirmation as Planning Commissioner.
Public comment - none.
Mr. Law stated it was a pleasure seeing Joan Dingfield nominated by
the Mayor and he also believes she will be a real asset to the
Planning Commission. He heartily endorses Ms. Dingfield's
appointment to the Planning Commission.
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Joan Dingfield stated she is a four year resident of Bremerton.
She grew up on the other side of Puget Sound, but thoroughly enjoys
living in this area. If her appointment is confined, she is
looking forward to working with the Planning Commission.
M/S/C/U(Law/Colvin) to confirm the appointment of Joan Dingfield
to the Planning Commission.
8A - ORDINIANCE (FIRST READING)AMENDING THE 1995 BUDGET (BUDGET
ADJUSTMENTS 1 THROUGH 23, #AB95-136
Actions taken by the City since passage of the 1995 budget require
certain corrections in order that the budget continues to
accurately reflect the financial operating plan of the City.
Rich Hanna, City Treasurer, stated there are 23 different budget
adjustments that have been processed by the administration and most
of them have actually appeared before the full Council in
conjunction with contracts or other actions taken to date.
Public comment - none.
Mr. Overson questioned the source for the adjustment for the
Employee Medical Insurance Reserve? Mr. Hanna stated over the
course of the City's contract with KPS dating back to 1990, under
the provisions of that contract the premiums paid exceeded the
actual cost of administration, claims payments and other ancillary
expenses and remained assets of the City. This action will give
the City budgetary capacity to receipt those monies back into the
City's financial control. Mayor Hotton stated one advantage of
bringing those funds back into the City's control is to show the
City has reserve funds, which is beneficial when the Bond Counsel
looks at the City's worth for Bond rating.
Mr Overson pointed out the one really large action requested was
the Street Fund - $442,000. Mr. Hanna explained that budget
adjustment provides for the financing of the Forth Street L.I.D..
When the Mayor's 1995 budget was presented in November of 1994, it
was during the prepayment period of the L.I.D. and it was not know
what portion of the assessment roll would be paid out in cash by
the property owners during that initial period.
Mr. Colvin pointed out both the income and outgo of funds are
balanced and the City is not deficit spending. He asked Mr. Hanna
if the City reconciles its check register? Mr. Hanna stated yes,
on a daily basis.
Mr. Law referenced budge adjustment 95-15, the purchase of golf
course equipment. While this does give the administration the
opportunity to handle all of the transactions necessary to support
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the course, he felt it was "back dooring" to have approval of these
items approved for purchase through this method. He would prefer
purchases be brought before Council as separate items rather than
coming through as a budget adjustment amendment. Even though in
this instance he signed off on the budget adjustment, he will not
do it in the future. He emphasized that was his personal
philosophy. Mr. Dawkins emphasized all of the golf course items
are needed. Mr. Law stated he was not questioning the need, but
that acquisition of such equipment should be brought before the
whole Council. President Huff-Menees stated those items were
discussed at the Fiscal and Budget Committee. Mr. Hanna
acknowledged those items were discussed in both Council committees
and he does not share Mr. Law's opinion of their handling this
item.
M/S/C/U(Montgomery/Law) to approve Ordinance, on first reading,
amending Ordinance #4495 relating to the budget of the City of
Bremerton for Fiscal Year 1995.
Mayor Hotton stated one of the reasons for the Council Committee
meetings is to get Council concerns up front on issues that come
before them. If the consensus of the committee is to see items
pulled out separately, she has no problem with such a process.
Unless the administration hears some concern coming from committee
they will move forward with the process. Mr. Law stated he was
concerned in this instance, however, Council just gave it a
unanimous vote. However, his philosophy is when there are
procurement items they should be listed as such and not as a budget
adjustment. Mayor Horton stated if the majority of Council wants
to see the information the other way, she will do it the other way.
She emphasized Council members must let the administration how how
they want information presented. If Council members are silent
during the Committee meetings or the consensus isn't there, the
administration will move forward with the way it was presented to
committees.
9A - RESOLUTION NO. 2516, REGARDING USE OF ABATEMENTLINEOF CREDIT
FUNDS, #AB95-137
Last fall the City Council authorized the establishment of a line
of credit in order to abate dangerous buildings. The borrowed
funds are to be repaid by liens against the abated property. The
Council requested guidelines to be used in determining the ability
to recover funds spent on these sites. These guidelines have been
developed and the Administration requests Council concurrence on
these guidelines.
If this Resolution is approved, the Administration will adopt the
attached Policy and Procedure.
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Don Pratt, Director of Community Development, stated last year the
City Council and Mayor discussed several times the possibility of
obtaining a Letter of Credit to give the City capital funds to
demolish properties that were under enforcement. The City did
receive a $500,000 Letter of Credit and during the process of
approval there was discussion that a set procedure be adopted prior
to the Mayor's approval of allowing the funds to be used for a
specific project. The proposed resolution outlines a procedure
wherein the Mayor receives information pertaining to the threat to
public health and safety, the impact on the community and
probability of recovery of funds. Once she receives that
information, she would be authorized to sign off on the
expenditure. If the resolution is passed, the Mayor will
immediately put into effect the Policy and Procedure over her
signature to implement the process. In closing, he did not have
the number for 1995, but in 1994 permits were issued for over 70
demolitions in the City and it was all done within $16-17,000. If
people perceive that the City has the capability to act on or do
the demolition in-house, the individuals may find it more
worthwhile to undertake the demolition project themselves.
However, it would never hurt to have the Letter of Credit "in our
pocket" since there are two large projects that the individuals are
not responding in a timely manner and it would encourage them to
either do the demolition themselves or the City will use the Line
of Credit and place liens against the property and repay it later.
Public comment - none.
Mr. Law stated he was the one requesting a policy be developed. He
thanked Mr. Pratt for following up with the document. He felt
having the policy would provide a comfort zone now that there is a
check-and-balance.
Mr. Colvin asked if Council had taken such action before? Mr.
Pratt explained Council had an agenda item before them that
authorized the receipt of the Letter Of Credit, so the discussion
was essentially the same.
Mr. Winters asked the term of the Letter of Credit in the event the
City uses $100,000 one year and $200,000 the next? Rioh Hanna,
City Treasurer, explained the initial term of the line of credit
with Seafirst Bank is five years and the contract makes provision
for an annual renewal. At the mutual consent of the Bank and the
City, it would run with annual extensions to perpetuity. Mr.
Winters asked if that information needed to be included in the
proposed resolution? Mr. Law stated no, since this proposal is to
just establish procedures that provided a balance.
Mr. Farr asked if the three criteria: (A) threat to public health
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and safety; (B) impact on the community prior and after completed
abatement; (C) probability of recovery of abatement funds, were
weighted equally and in order of priority or does one have more
weight than another? Mr. Pratt stated there is no specific
scoring. The resolution requires the Mayor to take into
consideration all three issues and it envisions that on some
projects she may weigh some specific item more than others. He
wrote the resolution in an effort to simply assure Council that the
Mayor will look at certain information before making a decision and
not to try to establish a formula and a criteria, which must be met
in order to spend the funds. Mr. Farr stated he does not feel that
the ability to recover the funds spent to abate a piece of property
should be weighted more than other aspects. In many cases, it
would be advisable to abate a property even if the ability to
recover those funds was questionable just because of the intangible
benefits, such as community pride, demolish something that is an
eyesore, etc. Mayor Hotton stated she does weight those criteria
and for her the highest criteria is if it is an attractive nuisance
to children and thus a health hazard to children; next are people
in general. This money has to be paid back so we have to insure
the money is there to repay the revolving line of credit. If the
abatement costs cannot be recovered from the property, then it
needs to trigger over into the other abatement fund that is
budgeted on an annual basis. If we run into a deficit situation,
the General Fund would have to pay it back. Mr. Farr stated in
summary there won't be hesitation to abate an eyesore just because
it is a "poor eyesore". Mayor Hotton stated no, they would have to
do it more judiciously. As Mr. Pratt stated, for a lot of the
properties the owners have voluntarily started to clean up their
property. Most of the properties on the City's list fall within
the 80% recovery ratio.
Mr. Overson stated he believed there is a fairly strict process to
use the line of credit and that the Council is directly involved.
Mayor Hotton stated as in any abatement procedure, the request
comes to the City Council after abatement has taken place. In
looking at the abatement activity within the City, she estimates
that if the abated properties were all in one location they would
amount to 3-5 city blocks.
M/S/C/U(Montgomery/Dawkins) to adopt Resolution #2516 regarding the
use of the abatement line of credit funds.
10A - PUBLIC HEARING: CABLE TELEVISION FRANCHISE, #AB95-138
The City has started the process to renegotiate TCI and Falcon
Cable Franchises. TCI serves approximately 7, 000 customers in
Bremerton. Falcon serves approximately 600 including Jackson Park
and Puget Sound Naval Shipyard (PSNS). The City hired 3H Cable
Consultants to assist with negotiations. The following tasks are
TAPE #1295
City Council Reg. Mtg. Minutes
June 21, 1995
Page 14 of 16
in process:
(1) Ascertainment - surveys, interviews with user groups.
(2) Compliance Audit - technical and financial.
(3) Review customer service standards (compliance).
Attached is a summary of the items that may be required in a
renewal and those that are prohibited.
All franchise renewals are non-exclusive. A renewal of an existing
franchises can only be denied if the operator's performance has
been documented as unsatisfactory or if the operator is unwilling
(or unable) to provide the services, facilities and equipment
necessary to meet future related "needs and interests" of the
community.
As part of the process to develop our list of priorities for
negotiations, we are asking for public input regarding your cable
television concerns and recommendations.
Kathleen McCluskey, City Clerk, stated at this time no Council
action was needed since it was just an opportunity for the public
to provide input. Anyone wishing to call in or writing in with
comments may do so over the next two months.
Richard Neville asked Ms. McCluskey to read what is prohibited in
the renewal. Mrs. McCLuskey pointed out the Federal Communications
Commission (FCC) provides a great amount of what the City can and
cannot do and the document that gives guidance is very large. Those
things prohibited are: (1) we deal with common carrier regulations
- the regulations that are provided for interstate transport do not
apply; (2) cannot require more leased access capacity than required
by the FCC; (3) cannot ask for specific video programming (however,
they can ask for broad areas, such as sports, entertainment,
religious, etc.; (4) can mandate certain facilities and equipment,
but if it is not related to the establishment or operation of the
cable system they don't deal with that; (5) services related to
public education and government channels, other than the peg
channel; (6) ownership restrictions on other ownership of the cable
company.
The City can discuss the following during refranchising: (1)
upgrading the system, such as fiber optics; (2) channel capacity
for public access; (3) facilities and equipment directly related to
cable operations; (4) rate regulation in a limited sense; (5)
Franchise Fees and Utility Taxes; (6) can prohibit obscene
materials and pornography on access channel; (7) enforcement of
technical standards; (8) customer service; (9) EEO requirements;
(10) privacy requirements; (11) line extensions; (12) any other
areas that are consistent with the provision of cable, which is a
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City Council Reg. Mtg. Minutes
June 21, 1995
Page 15 of 16
rather broad statement. We can negotiate anything the cable
companies are willing to negotiate.
Roy McInnis, 2711 Maple Street, stated he would like more black
entertainment programming.
John Thomas, East Bremerton, stated he would like to see the
quality improved. He has extended basic cable and some of his
channels are hard to view. That point was discussed in a City
Council meeting a year ago. He cannot get good reception of
Channel 13 99% of the time, and he can't see Channel 11 about 50%
of the time. He would not have cable except he lives along a side
of Manette that has interference from the hills.
Mr. Colvin asked if the Kitsap County Commissioners' meetings would
be televised throughout the Bremerton area and would County
residents be able to view City Council meetings? Mrs. McCluskey
stated yes, part of what is being done in the franchising is
proceeding forward with the County-wide public access channel where
Bremerton's meetings and other programming will be shown County-
wide, as well as the Commissioners' meetings if they choose to
broadcast their meetings.
TAPE #1296
Mr. Neville reminded the public they could give their input to Gil
Johnson, Deputy City Clerk.
Mrs. McCluskeV stated the City and County are in the process of
soliciting applications to serve on the new Board Of Directors for
what will be our new cable access channel. Applications are being
accepted through the end of June and that deadline will be extended
if needed. Applications cans be obtained through Ms. McCluskey's
office 478-5290. Mr. C01vin asked if Council members would be able
to serve on that board? Mrs. McCluskev explained at the moment
they have prohibited elected officials from sitting on that board
because they will be making decision about funding.
Mr. Overson asked if Falcon Cable TV had a dedicated channel for
public access? Mrs. McCluskeV stated as this point Falcon does not
have a dedicated public access channel for the Bremerton area. Mr.
Overson raised the point that the franchise contained reference to
such a channel. Mrs. M~Cluskey stated for clarification that
Falcon Cable does show Bremerton's public access channel on their
system in the Kitsap Lake neighborhood area, so they have combined
with the franchise requirement. But, such programming is not
available throughout the County. When the new public access
programming is implemented, Kitsap County's new franchise and the
City's franchise when adopted, will offer a County-side
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City Council Reg. Mtg. Minutes
June 21, 1995
Page 16 of 16
interconnect, which allows Falcon and TCI showing the same thing on
one public access channel initially. Mr. Overson raised the
question if once the County-wide access channel is operating would
there be the possibility City Council meetings would not be
telecast as they are currently broadcast on Channel 127 Mrs.
McCluskey stated no, the City will be guaranteed its programming
position on PEG and how that is used is up to the City. Mr.
Overson stated he is interested how the concerns will be resolved
where there are two entities wanting to use the one access channel.
Mrs. MoCluskey stated it is hoped that the use and demand will be
so high that a second and third channel will be allocated for
public access. And, the franchises will provide for that
expansion. However, as a qualifier she wanted to stress that at
such time as channel capacity is expanded, we expand public access
so that it does not "bump" someone's favorite programming. Mr.
Overson stated to address Mr. Thomas's concern, he believes there
is some technology now being developed and implemented that will
improve the quality of cable service.
Carol Atkinson, Bremerton Main Street, stated as a person serving
on the Board Of Conveners she has found the process very
interesting, but also a long process. She complimented Kathleen
McCluskey and Debby Broughton for their leadership during this
process.
With no further business meeting adjourned at 7:14 P.M.
KA~THLEE~NL.M~~cCUSKEY, City Clerk
KLM/SH-M/me
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