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HomeMy WebLinkAbout06/21/95TAPE #1295 ) 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 TAPE #1295 City Council Reg. Mtg. Minutes June 21, 1995 Page 2 of 16 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 TAPE #1295 City Council Reg. Mtg. Minutes June 21, 1995 Page 3 of 16 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 TAPE #1295 City Council Reg. Mtg. Minutes June 21, 1995 Page 4 of 16 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. TAPE #1295 City Council Reg. Mtg. Minutes June 21, 1995 Page 5 of 16 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. TAPE #1295 City Council Reg. Mtg. Minutes June 21, 1995 Page 6 of 16 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. TAPE #1295 City Council Reg. Mtg. Minutes June 21, 1995 Page 7 of 16 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. #1520 TAPE #1295 City Council Reg. Mtg. Minutes June 21, 1995 Page 8 of 16 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. #1651 TAPE #1295 City Council Reg. Mtg. Minutes June 21, 1995 Page 9 of 16 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. #1730 TAPE #1295 City Council Reg. Mtg. Minutes June 21, 1995 Page 10 of 16 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 #2111 TAPE #1295 City Council Reg. Mtg. Minutes June 21, 1995 Page 11 of 16 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. TAPE #1295 City Council Reg. Mtg. Minutes June 21, 1995 Page 12 of 16 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 #2747 TAPE #1295 City Council Reg. Mtg. Minutes June 21, 1995 Page 13 of 16 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 TAPE #1295 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 TAPE #1296 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 cc: Normal Distribution File/Vault