HomeMy WebLinkAbout03/19/97
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CITY COUNCIL MEETING MINUTE8
MARCH 19, 1997
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 19, 1997, at 5:30 P.M.,
with Council President David Farr presiding. Council members
present were Bob Winters, Carlos Montgomery, Richard Neville, Lon
Overson, John Law, Cecil McConnell, and Al Colvin. Councilman
Sherril Huff-Menees was absent. Also present was Acting City Clerk
Rich Hanna.
The meeting opened with the Pledge of Allegiance led by Council
President Farr and Invocation given by Reverend Scott Huff of St.
Luke's United Methodist Church.
President Farr made the following announcements:
(1) A City Council Study Session will be held immediately
following the Council meeting to discuss "Planning Commission
issues".
(2) A City Council Study Session will be held March 24, 1997,
starting at 5:30 P.M., in the City Council Chambers, and the topic
of discussion is: "Further Discussion On Sinclair Landing
Association Update Report".
CONSENT AGENDA
A. Minutes of Meeting -- March 5, 1997 #AB97-058
#0042 M/S/C/U(Neville/Montgomery) to approve the 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.
#0060 M/S/C/U(Colvin/Montgomery) on March 19, 1997, the Council does
approve for payment those vouchers included and further described
as follows: 206895 through 207128 in the amount of $300,651.51.
COUNCIL MEMBER REPORTS
Mr. Colvin stated he appreciated Del Knauss's questions, which were
raised at the previous Council meeting and encouraged all citizens
to ask questions.
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Mr. McConnell announced the next District #2 Neighborhood Meeting
will be held April 3, 1997, 6:30 P.M., at Fire Station #3, on E.
31st Street and Olympus Drive.
Mr. Law reported Police Chief Paul DuFresne made a very good
presentation at the District #3 Neighborhood meeting on Tuesday
evening. Based on that presentation, Mr. Law felt comfortable with
the evaluation requirements for the performance of Police Officers.
Mr. Overson stated he supports the Police Department's efforts to
reduce some problems having to do with illegal activities in the
City.
Mr. Montgomery reported today he attended a Water Protection
Teleconference where the importance of protecting water resources
was discussed. He did not agree with THE SUN's interpretation of
the Police Department's performance standards. For those getting
tickets, he cautioned learn to live within the law.
Mr. Winters announced the AD Hoc Citizens Committee on
Telecommunications' first meeting will be March 31, 1997, 6:30
P.M., in the Council Conference Room. He announced Mayor Horton
will comment, during her report, on THE SUN's reporting the City
had agreed to a year extension of the TCI franchise prior to any
Council action. He asked that Del Knauss be provided data
identifying what the City paid Ben Pollock for his services.
Mr. Farr reported a residence in his neighborhood experienced
damage from a mud slide and the owner, Mrs. Ruth Smith, is taking
refuge with a neighbor, Mr. & Mrs. Bill Garland. On the bright
side, it shows what the Bremerton community is like with neighbors
helping neighbors. The Anderson Cove area will hold a meeting on
"traffic calming devices" at the Bremerton High School, Room 206,
a date and time to be announced.
MAYOR,S REPORT stated a request to extend the TCI Franchise
agreement for one year will be brought to Council in the very near
future. In order to allow the system to continue forward and allow
the City to collect taxation from the system, the extension is
needed. She will be setting up some public hearings to talk about
cable T.V. service delivery and there is a delineated process to
follow since the City is at impasse with TCI. The newspaper
article indicated the extension was a "done deal", which is not the
case.
Mayor Horton supports the Police Department and the Police Chief's
efforts in trying to measure standards for Police performance. THE
SUN has chosen to use "quota system", which are performance
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standards, and stated they are new to the community. Performance
standards are not new, have been in place for a very long time, and
is a way to measure the officers performance in the line of duty.
She is hearing positive comments from residents from practically
every neighborhood that they are seeing and experiencing more safe
conditions within their neighborhoods. She is also receiving
positive feedback from residents along Park Avenue over the
installation of the traffic circle. Other areas are being
considered for installation of traffic calming devises, such as
lower, more gentle speed bumps and/or bulbing out curbs at
intersections. People are telling her they want more enforcement in
neighborhoods rather than less.
Mayor Horton agreed that Ben Pollock's contract costs should have
been included in the information given to Del Knauss and she would
see that he received that information.
Four properties within the City have been posted as "Unsafe TO
Occupy" (Lafayette, Phinney Bay, Wheaton Way and Anderson
Street),due to mud slides. City crews are watching sites on
Campbell Way and Daniels Street for potential slides. Since the
storm event in December 1996, the City engaged a geologist to
evaluate some of the steep slopes in order to get a better
understanding of potential hazards. An area along North Lake Way
experienced erosion, which is the county's responsiblity; however,
the City has a water line to protecting in that area. A canyon area
along old Wheaton Way also is experiencing mud slides. Casad Dam is
experiencing a record high water capacity, but not in any danger.
PUBLIC RECOGNITION
Carol Atkinson, Bremerton Main Street Association and Marilyn
Mantzke, West Sound Arts Council, talked about the Arts Walk and
Arts Party that will be held on April 26, starting at 11:00AM and
concluding with a Bremerton Symphony Pops Concert at 8:00 P.M., at
the Admiral Theater.
Garland Freymann, Bremerton resident, expressed his concern that
Harlow Drive is used as a raceway by vehicles, making it unsafe for
children walking along the shoulder of the roadway to and from
school. His family experienced the loss of a family pet to a hit
and run driver in front of their home on Harlow Drive.
Del Knauss, Bremerton resident, stated he was opposed to the City
setting up speed traps for motorist along main arterials instead of
their paroling neighborhoods. The response he received from the
Police Chief on traffic tickets issued was different than what was
reported in THE SUN's article. He acknowledged Mayor Horton
responded to his previous questions. He asked the City to provide
him with the data as to how much money, over the last four years,
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had the Water Department loaned the Wastewater Department and how
much has been paid back so far?
Charlie Brown, Bremerton resident, stated he was still waiting for
a response to a prior question that related to a court case, which
the city lost, involving the Noise Ordinance. He was one of the
motorist that contributed to the Police Department's quota.
Roy McInnis, Bremerton resident, complimented the Wastewater
Utility Department for their assistance in resolving a utility
problem experienced by the Sinclair Missionary Church. The problem
involved a broken pipe in an easement across the former Burley
property, which was repaired by the new owner Parr Ford.
Shannon Bell Bremerton resident, announced Bremerton took first
place at the Special Olympics event at Cheney, Washington.
Harrison Hospital will hold a Blood Drive on April 7, 11:00 AM -
1:00 PM and 1:45 P.M. - 5:00 P.M.
7A - APPOINTMENT OF DAVID VANNEST TO THE DISABILITY ACTION
COMMITTEE, #AB97-059
There is a vacancy of the Disability Action Committee. It is
recommended that vacancy be filled by Mr. David Vannest.
Mayor Horton described Mr. Vannest's involvement in helping to
resolve gang and drug activity in the Callow Avenue/Montgomery
Avenue neighborhood. Mr. Vannest is disabled, but able to make
contributions to the community and would be a good advocate on this
committee.
Public comment - none.
Mr. McConnell asked if this appointment would fill out the
Committee? Mayor Hotton stated she believed one additional
position was vacant.
#1360 M/S/C/U(Montgomery/Colvin) to confirm the appointment of Mr. David
Vannest to the Disability Action Committee.
8A - RESOLUTION NO. 2591, ESTABLISHING ABATEMENT PROCESS FEES,
#AB97-060
Ordinance No. 4586 established the City's authority to assess
"administrative costs incidental to abatement as set by Council
Resolution". Resolution No. 2591 establishes the administrative
fee allowed by the ordinance. This fee represents 75% of the
abatement administrative costs as estimated by staff.
Don Pratt, Director Of Community Development, explained the City's
current Abatement process and how it impacts the General Fund when
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buildings are either repaired or demolished by the City. Physical
costs of an abatement are recoverable through a lien process
against a property, if the owner does not reimburse the City.
However, Administrative costs associated with those kinds of
actions are not recoverable under that process and a significant
amount of staff work is involved. The estimated average
administrative costs for an abatement is $775.00 per abatement.
Approximately one abatement is performed per month and without
being able to recover administrative or indirect cost of the
abatements, the General Fund is covering that expense. The
administration strongly recommends the recovery of at least 75% or
$600.00, for everyproperty that goes through the abatement process
in addition to construction or demolition costs. Once the fee is
established, it will stay in affect and increase or decrease
annually based on the previous year's Cost Of Living Index (CPI).
Charlie Brown, Bremerton resident, asked if the city only collected
money from a lien when the property was sold and does the City
collect interest? Rich Manna, Acting City Clerk, explained liens
are recorded by the City Treasurer's office with the County
Treasurer and then placed on the property tax rolls and subject to
the same interest rates for delinquent Property Taxes (12% per
year) and subject to foreclosure under the same terms as Property
Taxes (3-years delinquent is subject to foreclosure).
President Farr stated his support of this proposal, but was
concerned about the repeat offenders getting a financial break, if
the City only charged 75% of the cost. He supported future action
to implement an escalating fee for repeat offenders.
Mr. Montgomery stated his support for 100% recovery of
administrative costs and questioned why should the rest of the
citizens pay for someone else's refusal to maintain their property
in a reasonable manner?
Mr. Colvin asked Mr. Pratt how he arrived at the 75% figure? Mr.
Pratt stated an argument can be made that this is a function of
general government, as a whole, and general government revenue
should be expended to support part of the abatement effort. He
came down more heavily in favor of being reimbursed full recovery
at 75%, but he would not argue if Council felt 100% recovery of the
average cost ($775.50) was appropriate. Mr. Colvin questioned if
tax dollars paid for the remaining 25% of the cost? Mr. Pratt
stated yes. Mr. Colvin expressed his support to recover 100% of the
cost.
Mr. Neville stated he supported the 75% recovery based on the fact
that to recover 100% of the cost would require tracking every hour
put into the process, which could create burdensome accounting
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responsibilities.
Mr. Winters supported 100% recovery of costs and that should be the
responsiblity of the person creating the mess.
Mr. Overson complimented Mr. Pratt and his staff on coming up with
a supportable figure.
#1770 M/S/C/U(Overson/Neville) to adopt Resolution No. 2591, regarding
establishment of fees for the abatement process within the
Dangerous Building Code; including the amendment to include 100% of
the average cost ($775.50)
#1779 M/S/C(Law/Winters) an amendment to the motion to 100% of the
average cost ($775.50).
Mr. Montgomery pointed out abatements, such as the Burley property,
cost the City an excessive amount and $600.00 is a small figure
compared to what actually was expended.
Mr. Pratt stated an earlier proposal included a $200.00
administrative fee for abatements that the City undertake but are
completed by the owner. That fee was dropped from the proposed
resolution due to a legal guestion and it is his intention to bring
that issue back in the form of a Resolution that would meet legal
requirements. His department's statistics show that 1/3 or more of
the abatement actions started are actually finished by the property
owner.
Mr. Montgomery questioned if it was feasible for the City to
collect 100% of the administrative cost? Mr. Pratt stated it is
feasible and it was considered, but he would argue against it. The
administrative overhead time frequently comes in little pieces,
i.e, 5 - 10-15 minute periods, and it would take an administrative
cost to keep track of all of those pieces of time. The City
Attorney feels it would be difficult to defend in Court unless
documentation was provided showing the incremental periods and how
that time was spent. With a flat fee, all the City has to do is
demonstrate some relevance to the average cost.
Vote on the amended motion: In Favor: Law, McConnell, Colvin,
Winters, Montgomery, Farr
Opposed: Neville, Overson
Motion carried.
Vote on original motion: Unanimous
8B - RESOLUTION NO. 2592, TO ADOPT THE 1996 UTILITY LANDMANAGEMENT
PLAN, #AB97-061
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The December 1996 Utility Land Management Plan updates the existing
1986 Land Management Plan. As with the 1986 Plan, the update
addresses maintaining the Union River surface water supply in
compliance with Department of Health regulations for unfiltered
sources under the Surface Water Treatment Rule (SWTR). Volume II
of the 1996 Plan includes a timber inventory summary from the
computer data base developed within the project scope; a computer
based geographic information system (GIS) was developed for all
Water Utility forest lands; forest health issues are addressed also
in Volume II. The Utility Land Management Plan will provide a
rational long term approach for land and forest management policies
and practices within the constraints of water quality. An Advisory
Committee assisted in the Plan development process. This project
was brought to the October 21, 1996 Council Study Session.
Bill McKinney, Forestry Manager, stated both the original 1986 Plan
and the update Plan set forth established policies to protect water
quality and meet criteria for an unfiltered source. What is at
issue is maintaining water quality to meet Federal and State
standards so that the City does not have to go to a filtration
plant. Current estimates on capital outlay costs for such a plant
would be $12-15 million and an annual operation cost of
approximately $1.3 million.
In the area of forestry management, the 1996 Update Plan provides
tools that were not included with the original plan, i.e. timber
inventory that is based on extensive field data and establishes
annual cuts, values and is integrated with a Geographic Information
System (GIS) specific to the natural features of the Bremerton
Water Utility lands.
Also included in the 1996 Update plan, but not in the 1986 Plan,
was specifically addressing forest health issues to maintain future
productivity of the forest. Currently, the City does have specific
forest health disease problems that are being addressed. He
emphasized that condition is not unique to Bremerton, it is being
experienced in other western Washington forests. The GIS allows the
scanning of aerial photos and provides best management practices
for mitigation of those specific forest diseases.
Upon adoption of the resolution, the Plan will be submitted to the
State Department Of Health, which is part of the criteria for
maintaining a filtration exempt system.
Public comment - none.
Mr. Neville questioned the shelf life of the Plan? Mr. McKinney
stated 10-years. Mr. Neville asked if this means the City will not
have to worry about filtration for 10 years? Mr. McKinney stated
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the original rules provided that if you exceeded some of the water
quality criteria, it could automatically trigger a decision by the
Department of Health to require filtration. Those rules have been
modified somewhat and decisions may be made on a case-by-case
basis. Mr. Neville asked if the new Plan greatly enhanced Mr.
McKinney's ability to manage the City's forest lands and would that
mean increased harvests? Mr. McKinney explained the inventory
provides a more scientific basis of the standing volume, the value
and how fast the forest is growing. From those figures, a
sustainable yield can be determined. Mr. Montgomery asked if he
understood correctly that the harvest of trees excluded the
diseased areas? Mr. McKinney stated for 1996 the harvest of
diseased timber made up the bulk of the harvest volume. The
positive side of that is instead of harvesting other areas, at risk
timber and is not lost. Revenue projection goals for 1996 were
achieved based on this program and under the allowable volume cut.
Mr. Colvinquestioned the value of an annual harvest? Mr. McKinney
stated $1.2 - 1.3 million.
#2648 M/S/C/U(Montgomery/Neville) to adopt Resolution No. 2592, adopting
documents entitled "Utility Land Management Plan" and Forest
Management Plan" as policies of the City of Bremerton and as an
addendum to the City's Water Supply Plan required by WAC 246-290-
100 and authorizing the City's Director of Public Works & Utilities
to take the necessary steps to implement the two Plans.
President Farr thanked the TV camera crew for their services: Rob
Rupe, Jamie Noble Jr., and Patricia Mathis.
With no further business meeting adjourned at 6:53 P.M.
City of Bremerton
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