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HomeMy WebLinkAbout10/09/96TAPE #1414 UNAPPROVED DRAFT COUNCIL APPROVED OCT 30 1996 CITY COUNCIL MEETING MINUTES OCTOBER 9, 1996 #0026 #0044 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, October 9, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees, David Farr, Richard Neville, Cecil McConnell, and A1 Colvin. Councilman Richard Neville was absent. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Reverend Jim Hill of the Neighborhood Christian Center. CONSENT AGENDA A. Minutes of Meeting - September 11, 1996 #AB96-225 M/S/C/U(Colvin/Montgomery) 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/Montgomery) on October 9, 1996, the Council does approve for payment those vouchers included and further described as follows: 202279 through 202439 in the amount of $385,253.21; and Regular Payroll for the period ending 9-30-96 in the amount of $818,410.43. COUNCIL MEMBER REPORTS Mr. Winters reminded everyone of the opportunity to register to vote at the "ROCK THE VOTE" night at the Olympic College Student Lounge on October 4, 1996. He is looking forward to Kitsap Party on October 12 where the headline entertainment will be the Fifth Dimensions. Mrs. Huff-Menees reported on October 3 she attended the Charleston Neighborhood planning meeting, which was well attended with lots of discussion on a variety of issues. The next meeting on the Charleston Neighborhood Plan is scheduled for November 7, 7:00 PM, at the Bremerton School District Office. Mr. Farr reported he also attended the Charleston Neighborhood TAPE #1414 City Council Reg. Mtg. Minutes October 9, 1996 Page 2 of 16 planning meeting and he came away impressed with part of it, but was a disappointed in part of the responses. He urged members of the public to save their cynicism, in some cases, until the process is concluded. He saw examples of speakers being yelled downed and allegations being made that the City will have its way no matter what, and the City being to blame for some businesses failing to live up to the owner's expectations. He found that to be observe to him considering the focus of the meeting was to bring forth the plan for getting input from the citizens to shape their own community. Mr. Colvin stated he was not aware of any overtures being made Senator Patty Murray or Senator Slade Gorton to retain the USS Missouri in Bremerton or even the continental United States. He referenced an article in The Sun concerning teaching young children about the right to vote. He recalled when he was a student they voted for other students running for an office; however, because his parents were black they were denied to vote nor could they register to vote. It concerns him greatly that people abdicate their right to vote without give it any thought. He encouraged all citizens to exercise their right to vote. Mr. Law announced the District #3 Neighborhood Meeting will be held October 15, 7:00 P.M., at the Senior Center, with Donald Pratt, Director Of Community Development, as the guest speaker. Today, he received a call from a lady about a refrigerator with its door still on sitting out in the yard of a rental unit. Such a situation is a safety hazard for little children, especially when supervision is not apparent. He urged members of the public to report any suspected hazardous conditions that may affect the safety of children to the Department Of Community Development. MAYOR,S REPORT Mayor Lynn Hotton directed everyone's attention to the large thank you card with photographs showing Head Start children playing on new play equipment installed at the old Smith School, displayed in the Council Chambers. She extended special thanks to the Parks Department and Peggy Lessor, Risk Manager, for being instrumental in funding the new equipment. Mayor Horton will be making a special presentation to the Poggie Club for their assistance during the Salmon spawning at Gorst Creek as well as their years of service to the community. In regard to the issues raised by Westpark residents at previous Council meetings, she requested a letter from the Bremerton Housing Authority about the appeal process for the "No Trespass Order" issued at Westpark and what their role is in that process and the City's lack of role in that process. TAPE #1414 City Council Reg. Mtg. Minutes October 9, 1996 Page 3 of 16 Mayor Horton read a Proclamation recognizing OCTOBER 26, 1996, as TOASTMASTERS DAY, which was accepted by Robbie Miller, representing Toastmasters International. Mayor Horton referenced Bob Sauter's efforts, on behalf of the Veterans Of Foreign Wars, to retain the USS Missouri in Bremerton. Kathleen McCluskey, City Clerk, read into the record a letter that was sent to Mark Miller, Anthony Robinson, Annette Taylor and Coralee Alexander addressing the fact that the City has no jurisdiction over the management of Westpark. PUBLIC RECOGNITION Bob Sauter, Commander VFW Post 3694, stated his post adopted the proposition to gain the USS Missouri as their Post home and the following letter was sent to The Honorable John H. Dalton, Secretary Of The Navy: "Pursuant to the provisions of Section 2572 Title 10 United States Code, veterans Of Foreign Wars Post 3694 headquartered in East Bremerton, Washington, hereby claims battleship USS Missouri BB63, as rightful ownership for the establishment of a permanent home for the Post and Ladies Auxiliary. This action is taken in view of the fact that the battleship USS Missouri has been declared surplus of the requirement of the modern day fleet of the United States Navy. the intrinsic historical value of this national treasure will be best maintained by veterans, who so freely and gallantly defended this nation and citizens in all wars, conflicts and humanitarian endeavors. The historical relevance to the most significant happening of the 20th Century, which changed the world as we know it today WWII, and the predominate role this distinguished vessel played in securing the victory accommodated by the unconditional surrender will be perpetuated for generations to come by the Veterans Of Foreign Wars and their descendants. The multitudes of the general public, both foreign and domestic, will be afforded the opportunity to tour the vessel that they may savor the taste of freedom andAmerican heritage purchased by thoseAmerican patriots, military servicemen and women, whose names are etched in crimson on battlefields around the globe." Mr. Sauter announced on November 8 the Bremerton Junior High School will be hosting a Veterans' Day program, starting at 7:30 A.M. through 2:30 P.M.. Shirley Howerton, Bremerton resident, presented a petition to the City council signed by 211 residents of District #1. The petition stated: "We, the undersigned, find Wheaton way an inappropriate area for rally participants. Placards espousing any cause are disruptive to drivers, therefore unsafe. Two young people being severely injured is sufficient." President Law asked Chief Du Frense to respond to Mrs. Howerton's concern. Police Chief Paul Du Fresne stated required permits are not generated out of his TAPE #1414 City Council Reg. Mtg. Minutes October 9, 1996 Page 4 of 16 department, but are generally forward to him for review. He could not recall seeing a request for this particular Chain Of Life event, but that does not mean one was not properly processed. He will research the issue further and provide a response. Ed Pietras, Knights of Columbus, invited everyone to the 14 Annual Knights Of Columbus Spaghetti Feed on October 27, 1:00 - 8:00 P.M., at the Knights Of Columbus. This fund raising event will benefit The Peninsula Kidney Center. Don Larson, President Washington Scuba Alliance, stated he had not heard back from any of the council members regarding his offer to them for free diving lessons. He again asked the City Council if they were ready for an underwater tour? He handed out pictures to the Council members that were taken during the Sinclair Inlet Clean Up and Marine Fair on September 21. He encouraged everyone to take the time to pick up any trash they might find laying around in order to keep our community clean. Lastly, he thanked all of the businesses that assisted them in the clean up event. Del Knauss, Bremerton resident, stated at one of the Mayor's neighborhood network meetings where Sinclair Landing Association was making a presentation, it was brought out that if something doesn't get going in the downtown area more of the tax burden will have to be passed on to the residents and citizens. He obtained a print out of the City's B&O Tax that showed in 1991 the City collected $1,344,348.00; 1996 - $1,800,000. In 1991 the city collected $516,526.00 from Garbage Tax and $810,000 has been collected through a partial year for 1996.. He suggested ramping down the garbage tax even more in 1997. The Real Estate Excise Tax amounted to $214,969.00 in 1991; and so far in 1996 that tax amounts to $360,000. He emphasized the City is not doing that bad without redevelopment and could not see any burning need to pass more tax burden onto the people. He raised the following questions: 1) Concerning the downtown redevelopment, is there a confidential letter between Pollock and Bremerton concerning redevelopment? a. If there is a letter when does the council vote on it? b. When does the public have a chance to review it? c. Does it expand the boundaries of study for the SLA into the Callow area? d. Does it have the city guarantee bonds for the project? 2) The minutes of SLABoard Of Directors dated 9/9/96 Item 9, Mary Mcclure reported a shortfall of $75,000 for the project. the minutes also stated that Kitsap County, the City and Port have indicated that no additional funds are available. Kitsap Transit may be a resource for additional funding through grant funds. TAPE #1414 City Council Reg. Mtg. Minutes October 9, 1996 Page 5 of 16 Does the council have a breakdown of where the original $250,000 was spent, and can the public get a copy? If the government agencies involved can't afford to continue to fund SLA how can they afford their share for this project? 3) The SLA Minutes Item 10 address access from SR3/304, one section states the Council recommended the first alternative for the Callow, 6th Avenue and Burwell and stated that they would revisit options when traffic in the area increased. The Council voted on September 3, 1995, for the do nothing option in this area. The motion was that we do not make 6th Street or Burwell Street one-way, that we do modify the intersection and other areas of the streets that are necessary in order to improve traffic flow. The motion did not include any wording about revisiting this issue. a. Does the council usually change its vote on a topic a year later? b. Does this Council only represent the SLA, who want a change or do they still represent the residents and business owners in this affected area? Does this Council feel it's fair to put the public and the business people of this affected area through this again just because some of Howard S. Wright's potential tenants want this way? 4) What agencies requested the Value engineering Study that recommended further consideration of options in the Callow, 6th Street and Burwell area. And is the request in writing for public review? Charlie Brown, Bremerton resident, stated he had a problem with a newspaper headline in today's SUN - "Butterflies May Replace Battleship", because it makes light of the effort of hundreds of people trying to keep the USS Missouri in Bremerton. 7A - APPOINTMENT OF CHERYL KINCER TO THE DISABILITY ACTION COMMITTEE, #AB96-226 There is a vacancy on the Disability Action Committee, and it is recommended the vacancy be filled by Cheryl Kincer. Mayor Horton pointed out Cheryl's involvement within the community along with her past and current experience on the City's Block Grant Committee will provide good input to the Disability Action Committee. Cheryl shared with Mayor Horton her desire to serve on this committee. #1202 TAPE #1414 City Council Reg. Mtg. Minutes October 9, 1996 Page 6 of 16 Public comment - none. Mr. Farr stated he was personally acquainted with Cheryl and knows the effort and dedication she gives in her service to the City. Mr. Winters related his recent experience at a Tacoma Junior High School where the volunteers had to assist several disabled and handicapped students two-at-a-time into an auditorium area. He hoped people within the community would volunteer to assist the disabled/handicapped in this and other ways. M/S/C/U(Farr/Montgomery) to confirm the appointment of Cheryl Kincer to the Disability Action Committee. 7B - PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF CORROSION CONTROL FACILITY, #AB96-227 Qualifications of eight consultants from the City's consultant roster were reviewed and evaluated for the design of a corrosion control facility for the City water system. Montgomery Watson was identified as having a demonstrated ability in planning and design of facilities to meet the lead and copper rule to solve corrosion control concerns for water systems. In addition, Montgomery Watson was a sub-consultant to EES on Bremerton's Corrosion Control Study and is familiar with issues related to the water system. The scope of work includes predesign evaluations, design, and construction services for a corrosion control facility. The consultant's fees for this work are $285,237. The action before the City Council is approval of an agreement for professional services with Montgomery Watson. Tim Richard, Senior Engineer, stated as background information, this proposal came about from an amendment to the Safe Drinking Water Act by the Federal Government that included the Lead and copper Rule, which sets limits on lead and copper that can be in the water received by customers of water suppliers. In 1993 the city conducted sampling at the taps found above action limits on lead. As a result, the City hired EES to conduct a study of the water system, which was completed in 1995. The study found there is corrosion of the lead in the service lines and normally that would come from lead solder used in the service lines, although there are some lead services lines. The surface water source used by the City has a PH-7 and the well water has a PH-6. That lower PH is causing corrosion and as a recommendation of the Study was for the City to install a utility to adjust the PH of the surface water supply up to reduce the corrosion and get the limits below that required by the Safe Drinking Water act. The PH adjustments can be accomplished by a couple of chemical means, both being chemical injections into the water supply, and the two recommendations for Bremerton's system were Soda Ash or a liquid TAPE #1414 City Council Reg. Mtg. Minutes October 9, 1996 Page 7 of 16 caustic such as Sodium Hydroxide. The Safe Drinking Water Act requires the City implement corrective action by December 31, 1997. In order to design the facility, the City used the professional services selection process, which by State law cannot be a competitive bid, and reviewed eight firms. The firm of Montgomery Watson was selected for further discussions and was requested to provide a detailed set of qualifications, including resumes of the individuals working on the City's project, which was supplied and was consistent with the qualification statement on record with the City. Negotiations were initiated with Montgomery Watson, who proposed to use Economic and Engineering Services (EES), the lead on the City's original study as a sub-consultant. The City was quite happy with EES's performance and the fact they are familiar with the City water system. The final agreement for work consists of three major component: (1) pre-design; (2) design; (3) construction assistance. The pre- design portion of the work includes a number of studies more comprehensive than normally required. The tentative site for this facility was reservoir #4; however, it is felt that other locations need to be evaluated, including the headworks to insure the city does not limit itself in the future use of its surface water source. There is also the need to look at the possibility of where a future filtration plant would be built, if required. The design consists of electrical, mechanical, instrumentation and building. Since this project includes a complicated mechanical piping and electrical process, the City will be using the consultant substantially during construction. Public comment - none. Mr. Farr asked if he understood correctly that the problem with the piping originates from the water meters to the faucets within the homes; thereby being on the private side verses the system side? He also asked Mr. Richard to explain the reason why the cost of~the engineering services are high in relation to the projected cost of the facility itself? Mr. Richard stated Mr. Farr is correct in that the primary source of the lead being leached or corroded out of the pipe comes from the private side, not the public side. However, the Safe Water Driving Act requires the City test at the tap to protect the public from piping that may be within their home. In regard to the PH adjustment and whether or not it is a concern, the City's well water source currently is at PH-8 and is not corrosive. The PH adjustment of the surface water will get the PH up to approximately the same as the well water. The design cost is high compared to the construction cost of $500,000. Because he was also concerned about the cost of design, he looked at Tacoma's TAPE #1414 City Council Reg. Mtg. Minutes October 9, 1996 Page 8 of 16 similar facility and their costs were comparable to the city's proposal. He also compared this proposal to the City's odor control project, which include a lot of mechanical, piping and electrical work, but not as elaborate as this facility, and found that in deed the costs for design were similar to what is proposed for the subject facility. The city is undertaking more pre-design work than is normally done, which is to insure that we don't cut ourselves off from future uses of our surface water or conflicts with future facilities needed. On the construction assistance side, the scope of work has been expanded, which they hope don't have to be used, but it is a more complex project. Under design, an additional Engineering Services item was provided in the event they ran into an unexpected item cost. Discussions have been held with the Council on the issue of "fluoridation". As part of the pre-design, they will be looking at what is required to implement fluoridation at some future time. Mr. MoConnell asked if the consulting and construction will be a parallel operation? Mr. Richard stated for clarification the date of implementation is December 31, 1997, which should be the same day the contract is terminated. The professional services contract will be active during construction. Mr. MoConnell pointed out the contract language states Montgomery Watson is not responsible for any differences in the estimates and actual costs. Mr. Overson stated this is not a construction project, but rather an engineering budget. He asked how can we say in an engineering project that they have the project management for the construction project? Mr. Richard stated under construction of the project, the city will be providing services during construction, including submittal review and clarification, if called for clarification. Mr. Overson stressed the fact that this firmwants the construction management for the construction project, but they do not want to be held accountable for it. He disagreed with that position, if these people are worth their $280,000, they will give an estimate that is relatively close and in his opinion it had better be on target. Mr. Colvin asked if this contract was consistent with all other professional services contracts? Ian Sievers, City Attorney, stated this proposal is for strictly engineering services prior to construction, i.e., preliminary design, design and construction assistance. The issue of the estimates is the consultant's estimate for cost of construction. At the time bids are received for the construction project, the city will receive a bid and at that time the City will determine if it is consistent or not with the estimate. The City would not have to construct the facility, at that time, if the costs are out of line and at that point in time the City can go back to the design and remove portions of it, if it is necessary to reduce the cost. Mr. Overson asked if the consultant didn't estimate correctly, could the City get a portion TAPE #1414 City Council Reg. Mtg. Minutes October 9, 1996 Page 9 of 16 of the $285,000 back? Mr. Sievers stated the question is what is the purpose of the project estimate, and is the City damaged in any way if an inaccurate estimate is provided? Mr. Richard explained the estimate is used for two purposes: (1) preparing budget estimates to budget funds for the project; (2) as a check to see if bids come in at a similar figure or if it is grossly out of line due to the contractor making a bad assumption. Generally, engineering estimates are fairly accurate. Mr. Colvim questioned where could someone test the debris that is collected through in- home water filtration systems? Mr. Richard stated he believed there were places where such testing could be done. Normally, the kinds of things that get trapped in water filtration systems are sediments or minerals. Mr. Winters expressed concern that the City Attorney had not reviewed the contract prior to it coming before the Council. He was at the point where he felt this item should be tabled in order to address Item "i" of the contract. He believed the purpose of the proposed contract is to provide the City an accurate estimate and the damage would be the wasted $285,000 of taxpayers money. Mr. Farr stated he did not understand the concern over item "i". Council has seen prior estimates come in at varying percentages of accuracy. He felt the modifications to the clause were fairly accurate. Mr. Winters expressed concern that the Agenda Bill had not been signed off by the City Attorney, considering it was for an amount of $285,000. He believed a clean, tight document that fulfills a need for the City is very important and it should be done right the first time. Mr. Farr pointed out the portion for construction oversight costs were of a lesser amount and only a part of the $285,000 cost. Sievers stated he did not know how to improve upon the wording in item "I" since it is an estimate and a guarantee was being given. The other problem is that there is still some action, if the city suffers damages, for negligence, breach of contract or professional standards of care of the engineering in preparing the estimate. If the consultant makes a mistake in the design or estimating part of the project, it is possible to raise a breach of contract or negligence for a failure that could include cost of the bid process etc.. The engineer's estimate, whether or not it is produced in=house or by a consultant, has limited use and does expose the City to limited damages. Mr. Overson referenced item "1" - On-site Monitoring, and pointed out the out-side monitor will make reasonable efforts to guard the City against defects and deficiencies in the work of the TAPE #1414 City Council Reg. Mtg. Minutes October 9, 1996 Page 10 of 16 contractors and help determine if the provisions of the contract documents are being fulfilled. Their day-to-day monitoring will not, however, cause consultant to be responsible for those duties and responsibilities of the construction. Mr. Richard stated that was true, the construction contracts always state the contractor is responsible for providing the product as specified and as shown in the drawings. There are times when a contractor does work when there is no engineering monitor present and things happen that result in defective work. In that case, when it is determined the work is defective the contractor. at his cost, is responsible for removal and replacement. In this case, the City will have the daily inspection responsibility on the project. Mr. Overson stated this comment implies that the ratepayers are not getting what they hoped they were getting in consulting services and we may do a better service to the ratepayer if we bring this management in- house under someone, such as Dan Miller, who has done an exemplary job on other projects, even though he does not have an extensive technical ability, and save the City some money. Mr. Richard stressed the City does all of the construction management for all in-house projects. The construction portion of this contract is just aid and request for clarification and review of technical submittal, but the on site inspection and project management will be handled by Mr. Richard and his staff. Item "i" is a standard provision of errors and omissions insurance for the consultant. Mr. Winters questioned since this proposal did not go out to bid do We, as the City, in agreeing with this document have the ability to remove any items? Mr. Sievers stated yes, with the approval of the consultant. Mr. McConnell questioned the need for the consultant's estimate and suggested waiting for the contractor's bid on the project? Mr. Richard re-emphasized the estimate is a small portion of the total design package. The primary reason for getting an estimate toward the end of the project is to have a basis to evaluate the bids and be able to determine whether the low bidder has made an error. Mr. McConnell questioned the portion of the $285,000 attributed to the estimate? Mr. Richard stated $3,400. #2462 M/S/C(Farr/Montgomery) to approve a professional services agreement for design of corrosion control facility with Montgomery Watson in the amount of $285,237 and authorize the Mayor to execute the same. Mr. Overson stated the only field inspection he found within the contract was by the senior resident engineer - $120.00 at $13,000, and he did not see any other on site inspections to indicate paragraph "1" would be a problem. Therefore, he did not think Council would err in the eyes of the ratepayers. if Council TAPE #1414 City Council Reg. Mtg. Minutes October 9, 1996 Page 11 of 16 approves this item. Vote on motion: Motion carried. In Favor: Opposed: Montgomery, Huff-Menees, Farr, Law, Overson, McConnell, Colvin Winters 7C - CONTRACT WITH KITSAP COUNTY TO PROVIDE FINANCING FOR IMPROVEMENTS TO THE ADMIRAL THEATER, #AB96-228 Work is currently underway on the renovation of the City's Admiral Theater Building. A significant portion of the funding for this renovation will be provided through a Section 108 Loan from the U.S. HUD. Funds are needed on a short-term basis to provide for construction costs pending receipt of the 108 Loan. The County is offering to provide the necessary short term financing in the form of a loan with repayment to be made from the proceeds of the 108 Loan upon its receipt. Mayor Lynn Horton stated this issue is a continuation of the issue before Council several months ago where HUD asked for collateral of the building against the HUD 108 Loan Guarantee through the Block Grant program. At this point, the loan and grant have been processed and the Admiral Theater is waiting for the finalization of the loan paper. The County is using their funding resources as a bridge loan to the City of Bremerton, which in turn will be passed on to the Admiral Theater so that they can begin and finish the construction on the theater in a timely fashion. Charlie Brown, Bremerton resident, asked the amount of the HUD loan, the interest and the payback schedule? Mayor Hotton explained the loan amount is $750,000, with interest and fees aggregating at $9,200, and the payback will commence when the HUD loan is dispersed through Kitsap County. The payback of the HUD loan is over a series of years and the Admiral theater Foundation will continue to raise funding to repay the loan. Currently, they have repayment funds for the first year or two. Mr. Overson pointed out the interest rate is 5.4% and the $9,200 includes $750.00 fee to the attorneys and it is assumed the County will receive payback funds in less than a 3-month period. Mr. McConne11 questioned if the Admiral Theater Foundation had agreed to transfer the 108 loan to the County? If not, the agreement states the City shall be obligated to pay the repayment amount. Mayor Horton again pointed out the HUD funds will go directly to Kitsap County. Mr. McConnell questioned then why was the contract written in that way? Ian Sievers, City Attorney, stated the Foundation is the applicant for the grant, although in the beginning of the agreement it states the County has applied to #2937 #1953 TAPE #1414 City Council Reg. Mtg. Minutes October 9, 1996 Page 12 of 16 HUD and that was why the Foundation's consent is required. Mayor Horton assured Mr. McConnell that prior to the check being handed over the Foundation they will be required to give their consent. Mr. Sievers pointed out the City, as the property owner, has to provide security on the property and the City will not agree to the release of funds until the Foundation gives their consent. Mr. Winters applauded Mayor Horton for working with the County to make this work for the benefit of the entire community. Mayor Hotton noted most of the credit goes to the County for their diligent work with the Admiral Theater Foundation. M/S/C/U(Huff-Menees/Colvin) to approve the proposed loan contract with Kitsap County. M/S/C/U(Huff/Menees/Montgomery) to approve Budget Adjustment No. 96-27. 8A - PUBLIC HEARING; RESOLUTION NO. 2563 REGARDING RECOVERY OF FEE8 FOR THE ABATEMENT OF THE PROPERTY LOCATED AT 1510 SNYDER AVENUE, #AB96-229 On August 13, 1996 the City posted a Notice and Order to Abate Unsafe Condition and a Notice to Vacate on the apartment complex located at 1510 Snyder Avenue, owned by the Wardick Company, due to dangerous conditions discovered there. After the residents were moved from the premises, the Street Department boarded up the buildings to prevent entry. The cost of the abatement fund was $1,014.06. Council must now decide whether the fees are reasonable and how they should be collected. President Law asked the "appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Janet Lunceford, Building Department, stated the Building Department's attention was brought to 1510 Snyder Avenue in May when complaints were received from neighborhood residents that the tenants were using extension cords from unit to unit to provide power due to the power being shut off in some units. The Fire Department visited the site on May 7, 1996, and came up with a 12- item list of corrections that were to be taken care of to provide safety for the tenants, including providing smoke detectors in all units, repair all open electrical boxes, discontinue use of extension cords between houses, remove hasps on all doors to avoid locking someone inside, repair all electrical (tenants report receiving shocks when water is turned on, provide electricity to all units, remove combustibles from around apartments, provide one fire extinguisher be mounted in every two units. The correction report was given to William Fraser, President of Wardick Company Inc., who is the manager of the property. The corrections were TAPE #1414 City Council Reg. Mtg. Minutes October 9, 1996 Page 13 of 16 still not completed at the time a group inspection was made by the Building and Fire Departments, Health District and State of Washington Electrical Inspector on August 1, 1996. The Electrical Inspector had a 3-page correction list that included: extension cords still being used to supply power to the unit, boxes containing energized open conductors exist throughout. These circuits have been de-energized at the service and an unsafe tag has been installed and sealed. The interior components of a smaller panel have been removed leaving two #10 conductors, which are tapped from locations ahead of over current protection. A platformtree house exists in a tree that is approximately 4-6 feet from a Puget Power Drop Conductors. New service panels have been recently installed. The double fee required for each unit for failure to obtain electrical permit prior to beginning of alterations. The Health Department also wrote a notice to correct: remove all solid waste improperly stored on the premises to a permitted disposal facility. This includes but is not limited to garbage, gunk appliances, furniture, mattresses and box springs, recyclable materials and yard waste. On August 13, 1996, the Fire and Building Departments abated and vacated all units at 1510 Snyder, requiring the tenants be out of the units by August 19, 1996. A visit after that date determined some tenants were still living in the units and a Bremerton Police Officer vacated those individuals. It was determined that the City would board up the buildings so that they could not be re-entered by the tenants. The action before Council is to recoup money spent by the Street Department to board up the units, at a cost of $1,014.06. Additional outstanding costs in the amount of $1,300.00 for removal of garbage in October 1995, remains unpaid by Mr. Fraser. President Law asked the City Attorney if the "Objections To Request for Abatement Judgement" should be discussed at this point of the hearing? Ian Sievers, City Attorney, stated yes, this hearing is an appeal and protests do need to be in writing. Mr. Fraser, President of Wardick Company Inc., stated he would ignore about 98% of what Ms. Lunceford stated based on the fact it had nothing to do with anything. If he understands correctly, the action taken was under the Uniformed Code For The Abatement of Dangerous Buildings. The two notices were posted sometime after August 13. He stressed this action was taken after he told the Building Department he would be out-of-town during that period of time and every year he has this recurring problem. Notices were posted advising that certain conditions had to be abated. He would not go back and discuss whether these constitute unsafe conditions under the Abatement Of Dangerous Buildings Ordinance. He had TAPE #1414 City Council Reg. Mtg. Minutes October 9, 1996 Page 14 of 16 before him a copy of that ordinance and he hoped the City Attorney was familiar with its content. The truth of the matter is the City had no basis under their ordinances to do what they did. If Council grants them that and allow for some rather liberal interpretations of some very loose language and say they did have the right to do what they did, they did it prematurely. He was given notices that stated certain conditions existed, that he had until September 13 to apply for permits. TAPE #1415 As a compromise, permits were applied for, and work is proceeding. He stated the work that was of concern to the City has been done. He questions the City's legal right to do this abatement, and he further questioned how the City can charge a property owner for it when there is no ordinance to support that they can. Bill Camp, Bremerton resident, stated there are landlord-tenant laws in this state that require landlords to keep their properties in order, at their own expense. There are also obligations placed upon the cities where the properties exist, and quoted RCW 35.22.280 to back up his statement. He further stated that due to the evidence shown tonight to substantiate the City's claim, he feels the City was obligated to abate this property, and applauds their efforts to do so. Mr. Fraser stated he had not had an opportunity to view the pictures being shown, however, he feels they may not fairly portray the circumstances. Secondly, he takes strong offense to the comments made earlier, and to being referred to as a "slumlord". He wasn't sure what Mr. Camp's interest is in this issue, or where he is coming from, but felt it warrants some scrutiny. Scott Ra~plev, Deputy Fire Marshall, stated he has been involved with this abatement from the beginning. He had a list of definitions, and stated it only takes one of them to constitute a dangerous building. He created an album of many pictures showing that this building met almost every one of those definitions. There maybe only 2 that didn't. Mr. Fraser objected strongly to things being passed around that he has never seen, and to comments being made. He was very frustrated, and feels this has turned into a personal vendetta taken on for personal gain. President Law stated that he will have an opportunity in court if anyone he has mentioned is doing this for personal gain. Mr. Fraser asked if he could read some of the violated items listed in the abatement. He felt there is no dangerous building as described in this ordinance because the language is too "loose". He is here tonight to ask city Council to decide that under the Dangerous Building Ordinance, there is a notice and an opportunity to correct items, before an abatement is done, and none of that has been done. The notice was given while he was away on vacation, which he received when he got TAPE #1415 City Council Reg. Mtg. Minutes October 9, 1996 Page 15of 16 back, and the next day the buildings were boarded up. Mr. Rappley stated he had worked with Mr. Fraser for some time. He conducted a building inspection back in May, and there were numerous dangerous situations found. He talked with the tenants about the conditions encountered and they indicated they were getting shocked when they touched the appliances. Wires could be seen between the buildings, and hanging from the ceiling. extension cords were being used excessively and dangerously. Sinks were not draining, and six of the eight units did not have smoke detectors. He made available the album of pictures to substantiate his findings. Mr. Camp felt there was an attempt being made to present this issue as if this was a courtroom. The question is, shall Public Works be reimbursed for the funds required to do their job. President Law pointed out paragraph 2 in the document presented by Mr. Fraser, and asked the City Attorney if this action exceeded the police power of the City? Mr. Sievers stated no, and this was also not a violation of due process. Mr. Winters asked Mr. Fraser if he owned the subject property? Mr. Fraser stated no, it was owned by a corporation, but that he was a director and president of the corporation. Mr. Winters asked if the photos shown tonight accurately portrayed the property? Mr. Fraser stated he has not yet seen the photos. Mr. Winters asked if Mr. Fraser agreed that the City should enforce codes that could endanger the health, safety, and welfare of its citizens? Mr. Fraser said the City should enforce those codes, within the limitations the law has set. He also believes that people who own property have responsibilities. The problem is, the City does not have an ordinance that gives them the right to recoup costs from the property owner. Mr. Overson complimented City staff, especially Mr. Rappley and Ms. Lunceford on their continuous efforts to try and resolve all the concerns of this issue. He appreciated the work done by Mr. Rappley to provide specific definitions of codes that apply to this situation. Mr. Farr stated this property is in his district, and when he was going door to door, he heard many comments from citizens stating they were tired of this type of residence with run down conditions in the City, and were critical of the City for not making a stronger effort to eradicate these type of situations. He also applauds the efforts of the Fire Department and Building Department. #0653 TAPE #1415 City Council Reg. Mtg. Minutes October 9, 1996 Page 16of 16 M/S/C/U(Farr/Montgomery) to adopt Resolution No. 2563, ordering the collection of fees for the abatement of the property at 1510 Snyder Avenue and become a lien against the property. President Law announced a Study Session immediately following this meeting, and thanked the TV camera crew for their services: Nadine Price, Robert Rupe, Debbie Harris, and Terry Baldwin. With no further business meeting adjourned at 7:35 P.M. KATHLEEN L. Mc~~CLUKEY, City Clerk ~ouncil President City of Bremerton KLM/JL/me cc: Normal Distribution File/Vault