HomeMy WebLinkAbout03/01/95TAPE #1266
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UNAPPROVED DRAFT
COUNCIL
,PPROVED
lIAR 15 1995
CITY COUNCIL MEETING MINUTES
MARCH 1, 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, March 1, 1995, at 5:30 P.M., with
Council President Sherril Huff-Menees presiding. Council members
present were Bob Winters, A1 Colvin, Morris Dawkins, Carlos
Montgomery, John Law, Richard Neville, David Farr and LonOverson.
Also present were City Attorney Ian Sievers and City Clerk Kathleen
McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Huff-Menees and Invocation given by Command Chaplain Ed
Carroll of the USS Arkansas.
CONSENT XGENDA - NONE
#0058
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/Montgomery) on March 1, 1995, the Council does
approve for payment those vouchers included and further described
as follows: 182486, 182487, 182506, 182507, 182515 through 182696
in the amount of $762,485.86.
president Huff-Menees made the following announcements:
(1) Immediately following this meeting, Council will hold an
Executive Session to discuss a "personnel" issue.
(2) City Council Executive Session will be held Wednesday, March
6, 5:00 - 5:25 P.M., and the subject of discussion is "labor
negotiations".
(3) City Council Study Session - March 6, 6:00 - 9:00 P.M., in the
Council Conference Room. Topics to be discussed: Puget Sound
Naval Shipyard Update; Construction Projects Update; Comprehensive
Plan Review.
(4) Blueberry Park Master Plan public meeting - March 2, 1995,
6:30 - 8:30 P.M., at the Kitsap Regional Library on Sylvan Way.
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(5) P.O.W.E.R - March 2, 1995, 7:00 P.M., at Jane Ruley Building,
1302 N. Lafayette. The topic to be discussed is: Racism And
Discrimination In Kitsap County.
COUNCIL MEMBER REPORTS
Mr. Winters reported he attended the AWC Legislative Conference,
which was held in Olympia, on February 22-23. He found the
conference to be very informative and the more he becomes involved
in government on a local level and State level, he finds it very
useful in representing the City and becoming knowledgeable how
State government works. He enjoyed meeting with Gordon Walgren and
Senator Betti Sheldon and found it enlightening to learn about
certain situations/issues. He is looking forward to attending
other AWC Conferences in the future.
Mr. Colvln reported he also attended the AWC Legislative Conference
along with his fellow Council members. Senator Betti Sheldon and
Gordon Walgren were very cordial hosts during the conference
activities. Many people at the conference were very aware of
"Kitsap County", so as a result, he has invited the Kitsap County
Commissioners to speak at the next District #1 Neighborhood Meeting
scheduled for March 16.
Mr. Dawkins stated during the nice weather he took the opportunity
to tour the Pendergast Regional Park project. He was pleased to
report the ball fields look good, Parks Department personnel were
planting trees and repair work was being done to the slide area
that happened during the rainy weather. As he was leaving the
complex two grades were beginning work on the inside access road.
Mr. Mont~omerV reported he also attended the AWC Legislative
Conference and echoed Mr. Colvin's and Mr. Winters' comments
regarding the value of that meeting. He also hopes to attend other
conferences in the future.
Mr. Law extended condolences to Scott Wetzel on the passing of his
Anna Mae. On a happier note, on Tuesday evening, Bremerton High
School held their first High School Success Party in which they
recognized outstanding students (several hundred). This event was
a real demonstration of recognition helping students to achieve and
was organized by a high school senior, Ruth Thomas.
Mr. Farr commented to the four Council members that were absent
last week that last week was a trial basis for a 5-person Council.
He pointed out those five Council members handled several pieces of
legislation in record time, about 20 minutes; and what they
experienced during this meeting was with nine members the meeting
was 20 minutes late in starting.
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Mr. Neville announced the West Narrows Neighborhood Information
Network meeting will be held on Tuesday, March 14, 1995, 7:00 -
8:30 P.M., followed by a Social from 8:30 - 9:00 P.M., at the
Neighborhood Christian Center (Council Districts #4, #5 and #6).
He thanked all participants at the Evergreen Park Expansion
planning meeting, held Tuesday evening.
Mr. Overson reported Council held a very educational session along
with the Planning Commission on the Comprehensive Plan development.
More public meetings will be held on that subject and he
recommended citizens take the opportunity to find out what is being
presented in that plan and the affect it will have on the City in
future years.
MAYOR'S REPORT
Mayor Lynn Horton reported on Tuesday she and her Department Heads
reviewed the draft of the City's emergency plan in the event of a
major disaster. On April 26 the City will participate in an area-
wide earthquake preparedness exercise and for that exercise City
Hall will be closed for one hour during the morning time. The
public will be given advance notice of that closure and during that
hour there will be a mock earthquake drill with exits being blocked
off and the building evacuated. From that point, the Department
Heads and necessary managers will be going up to a day long
exercise at Oyster Bay, which will be the City's command center.
During that exercise there will be some simulations that include
the two bridges will potentially need to be closed and other
facilities may have collapsed. Following the drill, individual
building plans will be developed as well as evacuation plans in
preparation for a real emergency. The City is-also looking at
purchasing some equipment, such as a generator, to do a good job of
taking care of people in a real emergency. She is also looking at
getting City staff prepared with earthquake kits.
PUBLIC RECOGNITION
GordV Byrd expressed his disappointment that no one attended his K-
Prep presentation at his residence after he distributed 200 flyers
advertising the program.
7A - APPOINTMENT OF SCOTT KRORE TO THE PARKS AND RECREATION
COMMISSION, #AB95-036
There is a vacancy of the Parks and Recreation Commission. It is
recommended the vacancy be filled by Scott Krone.
Mayor Lynn Hotton stated Mr. Krone comes highly recommended and has
been involved for a considerable amount of time with youth soccer
as well as community activities through the City's Parks
Department. He also has a very high commitment to parks and
recreation and to the youth in the community. Mr. Krone is
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interested in additional sports fields, but does recognize the
financial condition of our community, he is someone who is willing
to look at creative solutions to the problems we face and she
believes will be a good addition to the City's Parks and Recreation
Commission.
Public comment - none.
Mr. Neville stated he has known Scott Krone for a number of years
and Mayor Horton was "on target" in her description of his
attributes. Mr. Krone has the ability to get a lot done with
limited resources, is a hard driving individual who takes on a task
and is willing to see it completed. Mr. Krone is one to easily
point out faults, but also in pointing them out he is one to seek
solutions and work hard to make them right.
President Huff-Menees stated she has known Scott Krone for many
years and his family and she appreciates his many years of work
with youth and his commitment to youth in our community. In her
view, in terms of public service today, it is one of the special
areas of public service.
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M/S/C/U(Colvin/Montgomery) to confirm the appointment of Scott
Krone to the Parks and Recreation Commission.
Scott Krone stated he is a native of Bremerton, graduated from
East High School, left the area when he served in the US Navy for
10 years and returned to Bremerton at the end of that service.
Throughout his youth he benefited from youth activities that were
available at the time and he decided when he returned to Kitsap
County/Bremerton it was time to start giving back. He has been
heavily involved with youth soccer for the last 10 years as well as
youth wrestling. He also is a Referee for youth and adult
activities (wresting and soccer). Now that his children are grown
up, he decided he needed to get involved at another level and feels
there is more he can do for Bremerton and "parks" is a good place
to start. He is interested in youth activities, however, he is
also interested in putting Bremerton's best foot forward and he
believes parks say something about a community in general.
President Huff-Menees congratulated Mr. Krone on the fact his
oldest son has received a 4-year full ROTC Scholarship to the
University Of Idaho.
8A - PUBLIC HEARING ON RESOLUTION NO. 2499, REGARDING THE RECOVERY
OF FEES FOR THE ABATEMENT OF PROPERTY LOCATED AT 922-1/2 PLEASANT
AVENUE, #AB95-037
In February of 1994, the City took an abatement action against the
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property located at 922-1/2 Pleasant Avenue, owned by John D.
Frederickson- The building had been fire-damaged and was abated as
a dangerous building- It was eventually demolished by the owners,
however, the City incurred costs for administrative time and a
title report in the amount of $436.33.
Kathleen McCluskeV, City Clerk, read into the record the following
letter from John D. Frederickson, P.O.Box 8064, Van Nuys, CA 91409-
8064: To The Supervisor Of David Nelson: In summer of 1994 I was
informed by the City of Bremerton that my house at 922 1/2 Pleasant
Avenue had to be torn down. 'In Early 1994, I traveled to Bremerton
to look at this property. After 6 days of work I removed any sign
of burn, however, I did not board up property. After an arson and
financial hardship, I accumulated funds to do so. With no
foreknowledge, the City sent me a bill for $450.00. As a single
parent, I am still in recovery financially. I would have fought
for the house in the first place. To bill a party with no
notification until after the fact is very deceitful. Should I in
turn bill the City for my loss? Please respond as soon as you can
1-805-944-1528; P.O. Box 8064, Van Nuys, CA 91409-8064- Thank you
in advance for your response.
David Nelson, Building Official, stated a complaint was received
concerning 922 1/2 Pleasant, which was a burned out structure, and
an investigation was made revealing the building to be badly
damaged and without a foundation. It was determined that the
building was structurally unsafe and open to vagrants and vandals
with large piles of debris in the yard along with dead animal
carcasses- A Dangerous Building Abatement was issued on the
subject property and the Dangerous Building Certificate was posted
on the property and a copy sent, by registered mail, to the owner
of the property. That abatement states upon failure to comply with
any of the above conditions, the Building Official may cause the
building to be demolished, to correct the conditions listed above
and a cost incurred will be charged as a personal judgement or a
lien against the property- The mailed certificate was received and
signed for by the owner. Policy within the Building Department is
no charges are incurred until a "no" response comes from the
property owner and deadlines have been missed for applying for a
permit to do any work on the property. The Abatement Notice also
identifies an appeals process whereby they can appeal the Building
Officials decision. The property owner did appeal the decision
that the building was a dangerous building, it went to the Appeals
Board and they upheld the Building Official's decision based on the
evidence given at that hearing. At that time, the owner was again
directed to demolish the building and deadlines were given to
accomplish the work. The property owner was allowed up to
September 28, 1994, to abate the fire damaged structure and was
given to July 28, 1994, to obtain necessarypermits for demolition.
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With the appeal, the issue was put on hold while the owner
proceeded with the demolition by September 28, 1994, or obtaining
necessary permits by July 28, 1994. When a permit deadline is
missed, it is Building Department policy to order a Title Report so
when the final deadline arrives they will have all their process
done so they are at liberty to do the necessary work. A Title
Report was ordered on the subject property and that cost of $110.26
was included along with Administrative Time of $326.07 for a total
of $436.33.
ON November 17, 1994, Mr. Frederickson was sent a bill, by
Registered Mail, representing the charges, which was received and
signed for. No payment was made by the owner, therefore, Council
is being asked to take appropriate action to find that the charges
are accurate, reasonable and just and a lien be placed on the
property in order to recover those charges.
Public comment - none.
Mr. Neville asked the date of the first complaint on the subject
site? Mr. Nelson stated February 1994. The notice and order to
abate unsafe condition was posted and mailed on February 14, 1994.
Mr. Neville noted on November 17, 1994, the Building Department
sent a bill for the charges to the property and the letter read
into the record was received from the owner on February 24, 1995.
Mr. Nelson added the original notice and order to abate unsafe
condition had dates of "acquire permits and commence work by March
14, 1994", work to be completed for final inspection by May 14,
1994, but an appeal was filed and those dates when into a "stay"
until the appeal is resolved. When the appeal was resolved, the
balance of that time went into effect, which made the completion
date September 28, 1994.
Mr. Farr asked if the location of the owner made the difference
when a lien or personal judgement would be initiated? Mr. Nelson
stated basically it is a philosophy between the Building Department
and the City Attorney that the easiest and best way to collect fees
is by a special tax assessment lien. Mr. Farr noted then the City
will not see a return on those costs until either the property is
sold or three years when additional action can be taken.
Mr. Overson stated it was his understanding that unsafe conditions
can be corrected by either demolishing or repairing/modifying to
remove that dangerous condition; or that the structure can be
boarded up so they cannot be accessed. He asked if those three
options were provided to the property owner? Mr. Nelson stated
those three options are available to anyone...Mr. Frederickson did
make an inquiry about repairing the structure, however, the
structure was considered so damaged that it was beyond the 75%
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damage level and would not allow it to be repaired. Mr. Overson
asked if the subject structure was an illegal building or non-
conforming use? Mr. Nelson explained it was a non-conforming
building.
M/S/C/U(Farr/Montgomery) to pass Resolution No. 2499, and order
that the fees incurred for the abatement of 922-1/2 Pleasant Avenue
be filed as a lien against the property as reasonable abatement
costs.
8B - PUBLIC HEARING ON RESOLUTION NO. 2500, REGARDING THE RECOVERY
OF FEES FOR THE ABATEMENT OF PROPERTY LOCATED AT 1108 SIDNEY
AVENUE, ~AB95-038
On October 31, 1994, the City took action to remove the garbage and
debris found on the property located at 1108 Sidney Avenue, after
the owners of the property, Michael and Christine Barber, failed to
do so as ordered by the Building Official. The Street Department
performed the work, and the revolving abatement fund was charged
$383.70. This action will recoup these charges.
David Nelson, Building Official, stated a complaint on the subject
property was received on October 11, 1994, and investigated on that
date. The inspection found large amounts of debris in the form
furniture, garbage, lumber, and tires strewn around the property.
On October 12, 1994, the property was posted with a notice to
remove refuse within 72 hours and a notice was mailed to the
owners, Michael and Christins Barber by both regular and Certified
mail. On October 25, 1994, which was substantially beyond the 72
hours posting, no change in condition of property was noted, so on
October 31, 1994, the Street Department performed a clean up and
the cost to the Revolving Abate Fund was $357.75. On November 7,
1994, the Certified copy of the 72-hour notice was returned by the
Post Office as "unclaimed" and on November 15, 1994, billing in the
amount of $383.70, which covered the Street Department fees and one
hour of Administrative Time, was mailed to Michael and Christine
Barber by both regular and Certified mail and was returned on
December 5, 1994, as "unclaimed. Because of those actions and
inability to have a response to this issue, Council is being asked
to find that the abatement charge was reasonable and becomes a
personal judgement against the owners, which will become a lien
against the property if not paid within 30 days.
Public comment - none.
Mr. Colvin asked if the charge against the property earn interest
until paid? Ian Sievers, City Attorney, stated this action is
different than the prior action Council in that this is a refuse
abatement, which comes under a different section of the Municipal
Code. The action before Council is to set a personal judgement,
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which means going to Court and getting a judgement in the amount of
the abatement cost, and that judgement can be certified as a
judgement lien on the property records of the individual. That
lien, however, has the priority it obtains on the property at the
time it is filed and there may be several other liens, such as
mortgages, ahead of this lien. It is doubtful that the City would
cause that lien to be foreclosed because for this amount of money
we would probably not want to undertake purchasing the property and
paying off any superior liens. The City may look at other ways to
collect this amount of money after the judgement is obtained, such
as garnishment or attachment of other properties. Mr. Colvin
asked if the lien increases with interest earned on it for non-
payment? Mr. Sievers stated no, there is post judgement interest
on the judgement once that judgement is obtained at 12%.
Mr. Law questioned the small amount of $25.07 identified for
Administrative cost and suggested Council consider a minimum fee
for Administrative costs? Mr. Colvin asked if there was anything
Council could do to increase the minimum charge for that type of
situation? President Huff-Menees stated she assumed that could be
addressed in the future with the Planning Department in terms of
looking at a fee increase, which is a separate issue. Mr. Law
stated he did not mean for it to be brought up now as a point for
action, but felt it should be addressed in the future. Mr. Nelson
stated with building issues, under the Dangerous Building Code, he
is only allowed to bill for direct cost. The $25.07 charge covers
Ms. Lunceford's time for one-hours worth of time. Mr. Slevers
stated when a review is made on the Department's fee schedule they
may want to look at a certain overhead percentages and see if they
are adequate.
M/S/C/U(Montgomery/Winters) to pass Resolution No. 2500, and order
that the fees incurred for the abatement of garbage at 1108 Sidney
Avenue be collected as reasonable abatement costs, and become a
personal judgement against the owners, which will become a lien
against the property if not paid within 30 days.
With no further business meeting adjourned at 6:38 P.M.
KATHLEEN L.~Y, City Clerk
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