HomeMy WebLinkAbout01/17/96TAPE #1350
UNAPPROVED DRAFT
COUNCIL
APPROVED
FEB 7 1996
CITY COUNCIL MEETING MINUTES
JANUARY 17, 1996
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, January 17, 1996, at 5:30 P.M.,
with Council President John Law presiding. Council members present
were Bob Winters, A1 Colvin, Cecil McConnell, Carlos Montgomery,
Sherril Huff-Menees, David Farr, Richard Neville, and Lon Overson.
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 Cleveland Williams
of Ebenezer African Methodist Episcopal Church.
President Law asked the City Attorney to address a concern raised
by a citizen that has to do with the Open Meetings Act. Ian
Sievers, City Attorney, stated it appears a citizens raised the
issue that the ballots cast by City Council members during election
of Council Officers were not identified by Council person and it is
his opinion that a vote taken by Council in an open meeting needs
to comply with the Open Meetings Act, as does every other vote
Council takes, and identify who made what vote. Mr. Overson stated
this is actually an internal Council function, which is not opened
up to the public for input and the action is taken in accordance
with what Council sees as appropriate. It is not a function of the
public to become concerned with who serves as City Council
President. However, he did see the public having an interest in
who would serve as Mayor Protem, but again the public is not given
the opportunity to speak to that. He believes the method of voting
for Council Officers in the past was appropriate and there had been
occasions when Council Officers were voted on during a Study
Session and then the results announced. If the process is to be
conducted as identify by the member of the public, it should be
placed on the Agenda as an Agenda item. He has always looked at
this action as an internal Council function and not a pertinent
part of the constituent concern. Mr. Colvin asked the City
Attorney if this was a point of law? Mr. Overson referenced the
Open Meetings Act, which requires that Council members publicly
announce their votes. He agreed with Mr. Sievers that Council
member votes on public issues are to be made public, but their
votes on internal Council administrative functions don't
necessarily have to follow those rules. Mr. Sievers stated in the
memorandum he distributed to Council there is an argument on where
this provision on secret balloting does appear on that statute.
The first part does talk about actions of Council that seem to be
directed to the public -rules, regulations, directives, ordinances
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and resolutions, but it does not include election of officers.
However, Council rules would need to be adopted by a non-secret
ballot in a public meeting. The fact that something is on the
Agenda does not mean there has to be public participation. A lot
of cities do not invite the type of public participation that the
City of Bremerton recognizes. The Charter does not require public
participation or input on every item on the Agenda, there can be
internal matters where the meeting is held in pubic, but the public
is not invited to participate or give input. Advance notice is not
required for items included on the Council Agenda, unlike special
sessions where there must be a public agenda. Mr. Colvin asked if
there were any provisions for questioning the candidates in public
to ascertain their views? Mr. Sievers explained that would be up
to the City Council, but there is nothing requiring public input.
President Law opened nominations for City Council President:
Mr. Winters nominated John Law.
Mr. Montgomery nominated Sherril Huff-Menees.
President Law announced nominations are closed.
Vote: John Law - 5 votes
Sherril Huff-Menees - 4 votes.
John Law was elected City Council President
Mr. Montgomery called for a roll call of votes:
Kathleen McCluskey, City Clerk, read the following voting record:
For John Law: Overson, McConnell, Colvin, Winters, Law
For Sherril Huff-Menees: Huff-Menees, Farr, Neville, Montgomery
President Law opened nominations for City Council Vice President:
Mr. Farr nominated Richard Neville.
Mr. Winters nominated Mr. Farr.
President Law closed the nominations
Vote: Richard Neville - 7 votes
David Farr - 2 votes.
Mr. Montgomery asked for a roll call of votes:
Kathleen McCluskey, City Clerk, read the following voting record:
For Mr. Neville: Colvin, Montgomery, Law, Farr, Neville, Overson
Huff-Menees
For Mr. Farr: Winters, McConnell
Richard Neville was elected City Council Vice President.
President Law opened nominations for Mayor Protem:
Mr. Montgomery nominated David Farr
Mr. Neville nominated Sherril Huff-Menees
President Law nominated Bob Winters.
President Law closed the nominations.
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Vote: Bob Winters - 4 votes
David Farr - 3 votes
Sherril Huff-Menees - 2 votes
Bob Winters was elected Mayor Protem.
Mr. Montgomery asked for a roll call of votes:
Kathleen McCluskey, City Clerk, read the following voting record:
For Mr. Winters: Winters, Colvin, McConnell, Law
For Mr. Farr: Montgomery, Huff-Menees, Overson
For Mrs. Huff-Menees: Farr, Neville
President Law announced the Study Session scheduled following this
Council meeting has been canceled. And item 9A - PUBLIC HEARING ON
RESOLUTION NO. 2535, REGARDING RECOVERY OF FEES FOR THE REMOVAL OF
GARBAGE ON THE PROPERTY LOCATED AT 1340 HAYWARD AVENUE, #AB96-011
had been postponed to February 14, 1996.
COUNCIL MEMBER REPORTS
Mr. Overson stated he was saddened to see the loss of Mary Ann
Harris' business from the downtown. He hoped that Council could do
something this year that will help the downtown businesses realize
a better business environment. He realized the need to watch over
the whole City, but felt downtown needed some special treatment.
He restated his position on election of Council Officers and the
fact that the responsiblity should move around. He is hopeful that
next year more Council members can move into positions they have
not previously served in.
Mrs. Huff-Menees announced Districts #6, #7 and #8 will hold a
combined District Meeting on February 1, 7:00 P.M., at the
Bremerton School District Office, 300 Montgomery Avenue. A flyer
advertising that meeting will be sent out to residents in those
areas to notify them of the meeting. The main topic of that
meeting will be a presentation on Sinclair Landing.
Mr. Colvin commented on activities celebrating Martin Luther King,
Jr. holiday. The Martin Luther King Scholarship Fund awarded a
scholarship to Ms. Gordon, a very capable young lady. He
congratulated the members of Ebenezer A-M Episcopal Church for the
program at the Pavilion honoring Martin Luther King Jr. He
commented there is more "segregation at ll:00AMon Sunday mornings
than there is at 1:30 PM because of sports. However, people of all
races participated at that event. He thanked Bremerton Community
Access for recording that program and Mr. Dave Noble for doing such
a good job at the Martin Luther King Jr. Scholarship luncheon. Ron
Sims was the guest speaker at the Sunday event and is an advocate
of keeping the Missouri in Bremerton because it not only helps
Bremerton but the whole western part of the United States. Mr.
Colvin thanked Wednesday Magazine for the article about King County
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Councilman Ron Sims, and The Sun for their article on Ms. Gordon,
the Scholarship recipient. He referenced a comment by the Mayor
that voters over 60 years of age are the ones that vote in this
country. He recalled when he was a lad in San Antonio, Texas, his
parents could not vote, but yet at school they practiced voting.
As children, they wondered why they were doing such an activity
since they could not vote as adults, but their parents had a lot of
wisdom and said: "son, there will be a day that you will be able to
vote", and that day has come. Today, he is saddened by the fact
that there are so many people who do not take advantage of that
privileged. He felt strongly that people in the School system need
to do more instructing in the privilege of voting when children are
young, even at the pre-school age, in order to teach our children
how to be good citizens.
Mr. Winters thanked those members of the Council that supported him
for Mayor Protem and it was his hope the Mayor will call on him to
serve in that capacity. He announced the Parks Department has
scheduled a Daddy Daughter Dance on February 10, 7:00 - 9:00 PM, at
the Senior Center. For the record, he wanted everyone to know that
when he is asked by someone in the City to help out on a function
or assist in some way, he offers his services for free. If tickets
for the dance are purchased in advance from the Parks Department,
those name will go into the drawing for a limousine ride to the
dance. He welcomed a new downtown business - Making Waves Deli &
Espresso, 202 Pacific Avenue.
Mr. Law stated he would be remiss if he did not comment on the
Martin Luther King Jr. celebrations this past weekend. Mr. Colvin
is the behind the scenes power on the Martin Luther King Jr.
Scholarship Luncheon, which was held January 14, and his efforts
should be recognized. Reverent Williams, who organized the event
at the Kitsap Pavilion on January 15, did a fantastic job. Mr. Law
observed that the choir at that event was made up of various ages.
He reported the District #3 District meeting held on Tuesday
evening went well and they were fortunate enough to have Sergeant
Kevin Long and Beat Patrol Officer Matt Smalley drop by. He
encouraged the public to take advantage of opportunities to talk
with the Beat Patrol Officers, they are interested in taking care
of the neighborhoods and are anxious to become known throughout the
community. The main topic for that meeting was cancelled;
however, he hoped to reschedule that presentation in the near
future.
CONSENT AGENDA
A. Minutes -- December 20, 1995
#AB96-007
#0753 M/S/C(Neville/Farr) to approve the Consent Agenda as presented.
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Vote on motion:
Motion carried.
In Favor: Overson, Neville, Farr, Huff-Menees,
Law, Montgomery, Colvin, Winters
Abstain: McConnell
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 January 17, 1996, the Council does
approve for payment those vouchers included and further described
as follows: 193865, 193866, 194260 through 194266, 194267 through
194484 in the amount of $919,378.81.
MAYOR'8 REPORT
Mayor Hotton stated she had a request or offer from Mr. Parypa, who
has seven sons, if there is someone in the community who needs an
escort to the Father-Daughter Dance he is available. She has been
spending much of her time the past few days in Olympia to lobby for
the three million dollar state funding for the Missouri. A bill is
being drafted as a separate piece of legislation and the response
they have received so far has been very favorable. On Tuesday,
January 16, she went to Olympia to lobby - there is an attempt at
this point to gut the powers of the Growth Management Appeal Board,
and she feel strongly that it is a neutral body and it would be a
shame to do away with that board, and believed they dealt with the
City fairly and consistently. She attended both of the Martin
Luther King Jr., functions this past weekend and complimented
Councilman Colvin and Reverend Williams for the wonderful job they
did in spearheading and organizing those events.
PUBLIC RECOGNITION
Jack Lefcoski announced the next Kitsap Lake Neighborhood
Association meeting will meet Thursday, January 18, 6:30 P.M., at
the Cascade Natural Gas building. The topic of discussion at that
meeting will be "weeds in Kitsap Lake".
Gordy Byrd related an incident where he saw an advertisement on
television for a seminar that offered a money back guarantee
($39.00) if one found they did not like the seminar. But, when he
got to the seminar at the Seatac Hilton, he was told the tuition
had to be paid no matter what, but if within the first 90 minutes
one is not satisfied, they can request a refund. At that time he
chose to remain and at the end of the presentation was told it will
only cost an additional $2,240. He cautioned everyone to be aware
of "get rich schemes". He congratulated all of the newly elected
Council members.
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John Thomas noted the last City Council meeting was very
interesting and included election of Council positions and a
contract where one of the City's prime consultants made an error on
a bid; however, none of those issues were reported in The Sun. He
felt it was a shame that the public unable to watch City Council
meetings on Channel 12 were not informed of those issues because
they were not covered in the local newspaper. He agreed with Mr.
Overson that City Council internal business belongs internally, not
publicly and hoped the individual, who filed the complaint, will be
as public as the Council members' votes. He congratulated Mr.
McConnell on his being elected to the City Council. It was his
hope that more Bremerton residents would attend City Council
meetings.
7A - CAMBRIAN SEWER REPLACEMENT PROJECT -- CHANGE ORDER NO. 1,
#AB96-008
Change Order #1 for the Cambrian Sewer Replacement Project consists
of four items. Item 1, 2, and 3 are for work proposed in Cambrian
from 15th Street south to mid-block between 13th & 15th Streets.
Item 1 is for replacing a deteriorated 4" watermain with a 8"
watermain at a cost of $36,064.25. Item 2 is for complete street
reconstruction at a cost of $10,219.77. Item 3 is for construction
of storm drainage in accordance with the Callow Avenue Basin CSO
Reduction Plan at a cost of $10,535.70. Item 4 is to increase the
original contracts "Bank Run Gravel", "6" PVC Side Sewer", "6"
Clean out", and "Crushed Surfacing Top Course" in the amount of
$30,860.00. The total amount of this change order is $87,679.72.
Tim Richard, Senior Engineer, briefly reviewed the four items in
the Change Order and gave the following explanation: Item #1 -
during excavation for the sewer main replacement it was found that
the existing watermain in that street was leaking and in poor
condition. That main was not on the substandard watermain list and
was not anticipated to need replacement. Installation of the 8-
inch watermain will allow flows for fire protection in this long
block. Cost for this work amounted to $36,064.25 and funding
source is out of the Water Capital budget. Item #2 - is for
additional cost to reconstruct Cambrian from the beginning of the
project, which is mid block between 13th to 15th Street, a distance
of approximately 350 feet. Reconstruction will be in accordance
with City standards, including regrading, base material and 3-inch
asphalt. During construction it was found that the half of the
block worked in consisted of multiple layers of thin asphalt with
soil placed in between them resulting in no base for the road. The
original project included an overlay of the entire road; however,
because there was no base material, the City was concerned the
overlay would have a very short life and not worth the expenditure;
therefore, they requested a proposal from the contractor to
reconstruct that portion. This proposal was provided to the Public
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Works Operation Manager and was found to be acceptable. The
additional cost of this work is $10,219.77 and funded from the
Street Maintenance Fund. Item #3 - consists of installing 150
linear feet of storm drain within the street reconstruction limits.
This storm sewer was identified in the Callow Avenue CSO Plan and
the work was proposed to avoid digging up the newly constructed
street proposed in Item #2 above. This portion of the CSO
separation is anticipated to occur within the next few years. The
cost of the work is $10,535.70 and funding source is from the
Stormwater Capital Fund. Item #4 - consists of increased
quantities of bank run gravel, 6" PVC pipe, 6" cleanout and crushed
surfacing top course in the amount of $30,860.00. The majority of
this cost ($25,000) is for additional bank run gravel for trench
backfill. It was estimated that 50% of the existing material
excavated from the trench would be replaced in the trench during
construction; however, poor soils along the entire length of the
project required that they use 100% imported bank run gravel. The
additional cost for this work will come from the Wastewater Capital
Fund.
Public comment - none.
Mr. Neville stated even though the Change Order is a substantial
amount, it is truly a combined effort of the four different funds
and good coordination of the City's time.
Mr. Colvim asked how the Change Order impacts the 1996 budget? Mr.
Richard explained for the additional dollars shown there is
adequate funding in all of the budgets for the required work.
Mr. Farr echoed Mr. Neville's comments regarding the excellent
coordination to handle the various repairs.
M/S/C/U(Farr/Montgomery) to approve Change Order No. 1 for Cambrian
Avenue Sewer Replacement Project in the amount of $87,679.72, and
authorize the Mayor to execute the same.
8A - ORDINANCE NO. 4540 (SECOND READING) CORRECTING A HAPPING ERROR
ON THE COMPREHENSIVE PLAN, #AB96-006
Public comment - none.
M/S/C/U(Montgomery/Huff-Menees) to pass Ordinance No. 4540, on
second reading, correcting a mapping error on the Comprehensive
Plan.
8B - ORDINANCE NO. 4541 (EMERGENCY READING) AUTHORIZING THE ISSUE
OF A $1.250,000 TAXANTICIPATION NOTE, ACCEPTING THE PURCHASE OFFER
OF SEAFIRST BANK, AND DECLARING AN EMERGENCY, #AB96-009
As indicated in the exhibits attached, the City's General Fund will
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run a cash deficit for several months during the year unless some
form of cash flow financing is provided. Analysis indicates that
a Tax Anticipation Note is the most advantageous method of
providing the necessary cash flow financing. Emergency passage of
this ordinance is needed in order that the City and Seafirst can
minimize their market risk in executing the note sale and thereby
provide the lowest cost financing possible.
Rich Hanna, City Treasurer, briefly reviewed the Summary Statement
and emphasized the City's General Fund Budget is balanced and what
is being addressed, at this time, is the timing of the receipt of
funds, most particularly property taxes, which are paid in two
installments at the end of April and end of October. Because of
the irregular nature of the City's cash receipts, the General Fund
operates without this financing in a deficit cash position for
several months during the course of the year, which is not an
appropriate way to run the fund, it does need to be in a positive
situation at all times. An analysis conducted by Mr. Hanna and
members of his staff indicated the issuance of a Tax Anticipation
Note is the most economical means by which the City can finance
that cash flow. The ordinance was prepared by Bond Counsel and
does the following three things: (1) authorizes the issuance of the
notes; (2) accepts the purchase offer, which he just passed out to
Council from Seafirst, following the pricing action that were taken
this date. He tentatively accepted the offer tendered by Seafirst,
subject to the passage of the Note Ordinance; (3) it declare an
emergency and will require a unanimous vote of the City Council in
order for it to be approved.
Public comment - none.
Mr. Neville questioned the number of years the City has used the
Tax Anticipation Note? Mr. Hanna stated his tenure with the City
runs to 10 years and in that span of time the City has used this
method for 9 years. Mr. Neville questioned if during the one
remaining year did the City have a significant reserve? Mr. Hanna
stated the City had a modest reserve. Mr. Neville asked if there
were plans to create a reserve again so that in future years the
City would not have the need to rely on the TAN? Mr. Hanna stated
as Mr. Neville may recall both in the passage of an ordinance
creating a Contingency Reserve Fund in 1995, and as part of the
budget presentation, there have been discussions along those lines.
Everyone would like to see larger cash reserves in the General Fund
than are presently available, but obviously the only way surplus
cash accumulates in the General Fund is for the City to levy taxes
at a rate greater than money is spent delivering municipal
services.
Mr. Winters questioned for clarification the meaning of "price
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$100", as noted across from "RATE? Mr. Hanna explained the meaning
of that is 100% of the par value...notes are not being sold at
either a premium or a discount.
Mr. Colvin asked the term of the TAN and total cost to the City?
Mr. Hanna noted the term as shown on the purchase offer matures on
January 31, 1997, and the coupon on the note at maturity would be
approximately $49,000. Mr. Colvin asked if the City made money off
the TAN when deposited in the City's account? Mr. Hanna stated to
the extent that all of the proceeds of the TAN are not needed in
all months of the year, that money will be invested and hopefully
at a taxable rate that will be higher than the coupon the City is
paying on the note.
M/S/C/U(Overson/Montgomery) to pass Ordinance No. 4541, on an
emergency basis, authorizing the issuance of tax anticipation notes
for the purpose of paying City expenses pending the receipt of
general City taxes; creating a note redemption fund; providing for
the sale of those notes to Seattle First National Bank of Seattle,
Washington; and, because of it urgency, providing that this
ordinance shall take effect immediately.
8C - ORDINANCE (FIRST READING) INCREASING PENALTY FOR UNAUTHORIZED
USE OF DISABLED PERSONS PARKING, #AB96-010
The proposed ordinance increases penalty for the parking infraction
of parking in a disabled person space from $50.00 to $175.00 as
required by 1995 state law amendments.
Ian Sievers, City Attorney, added the Parking Regulation Program
for Disabled Persons is a State-wide program and this proposal is
a matter of housekeeping to bring the City's fines up to what is
required by State law. The Director Of Licensing sets the criteria
and qualifications for those placards and issues licensing and also
sets the regulations on use of spaces. An essential part of the
regulated program is enforcement and if the City had a lower
penalty it would be eroding the State program by not having that
higher penalty on the infraction. He urged Council to approve the
increase according to the 1995 law change.
Elizabeth Bus11, High Avenue, asked if this was only for on-street
parking or did it also apply on private property, such as shopping
center parking lots? Mr. Sievers explained the State law makes it
an infraction for using disabled parking reserved spots, both on
private property and public right-of-way, without a proper license.
Mrs. Buell asked what should be done if you see someone parking
illegally? Mr. Sievers stated he would not suggest a citizens
arrest, but they could report it to either the business owner or
the Police Department and will enforce and write infractions on
private property on this offense. Mr. Montgomery stated when this
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item came before Council Committee he asked the Parking Enforcement
Officer about the off-street parking and he was told the City does
go out, upon request, and tickets the offerers provided the
business maintains their handicap spots appropriately, i.e. signed
and painted on the parking stall.
John Thomas stated this item is very important to him due to the
fact his wife is handicapped and has a handicap license. He
questioned if $175.00 is enough to get the Police Officers out of
their vehicle to give the ticket or will the handicap person
required to block the offending vehicle in the spot until the
Parking Regulator arrives? He suggested maybe it would be worth
the effort to suggest to the State that they use the same penalty
as that in Carson City, Nevada - $250.00 first offense, $500.00
second offense and loss of vehicle on third offense. It was his
opinion that a business owner would not chase a customer out of a
handicap parking spot if he things he'll make money off of them in
his establishment; therefore, the Police need to become more active
in enforcement.
Mr. Farr noted on the top of the RCW change in addition to the
underlying change increasing the fine from $50.00 to $175.00, it
changed the infraction from a Traffic Infraction to a Parking
Infraction. He asked if there was some significance to that
factor? Mr. Sievers stated he did not think so, but rather a
convention they recently adopted in the Model Traffic Ordinance
that differentiates Traffic Infractions from Parking Infractions.
They do have separate Court rules for proceedings and enforcement
and how those are issued and burdens of proof. Mr. Farr stated he
would personally like to see the areas that are signed for Handicap
Parking on public property include a special sticker designating
Handicap Parking violators are subject to a $175.00 fine.
Mr. Colvin asked if there was any provision for posting the cost of
the fine on the Handicap Parking signs? Mr. Sievers stated he
believed there would be room on the signs to include the penalty
cost, which would not dilute or erode the mandatory markings.
Mr. Montgomery expressed concern that people are misusing the
handicap stickers and he cautioned the public to not always believe
that someone parking in a Handicap Parking spot is handicapped. He
supported having a higher penalty starting at $500.00.
M/S/C(Montgomery/Overson) to approve ordinance, on first reading,
amending the parking code to increase penalties for disabled
parking violations; and amending BMC Title 10.
Vote on motion:
In Favor:
Overson, Neville, Farr, Huff-Menees,
Montgomery, McConnell, Law, Winters
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Abstain: Colvin
Motion carried.
9B - PUBLIC HElLRING ON RESOLUTION NO. 2536, REGARDING RECOVERY OF
FEES FOR THE REHOVAL OF GARBAGE ON THE PROPERTY LOCATED AT 3323
KITSAP WAY, #AB96-012
On November 28, 1995, the City was forced to remove garbage and
debris from the property located at 3323 Kitsap Way, after the
owners, Lloyd and Paula Anderson, failed to obey a Notice and Order
to Remove Refuse within 72 hours. The abatement fund was charged
$160.40 for the work.
Janet Lunceford, Building Department, explained the site is the old
Banner Car Wash where there was a problem with overflowing barrels
full of garbage. Effort was made to contact the owner of the
property three times, but without success, so the City did the
clean up work.
Jack Lefcoski, Kitsap Lake, stated he felt the charge should be
doubled. President Law explained by law the City does not have the
privilege or flexibility to charge more than actual cost incurred
by the City. Mr. Colvin asked the City Attorney to address that
point. Ian Sievers, City Attorney, explained this matter is to
collect reasonable charges and is a matter of compensation, not a
penalty. There is a certain violation for accumulation of garbage,
which would be processed through the Municipal Court and that
penalty would be set by the Municipal Judge.
Andy Parypa, Hayward Avenue, stated he was against throwing rubbish
on the streets, but about six months ago he observed a significant
amount of trash strewn in his neighborhood, which prompted him to
call the Health Department and they took care of the matter. He
suggested that possibly the use of the Health Department should be
used prior to the City taking any action. Ms. Lunceford explained
the Health Department goes through the same process as that used by
the City... notice is sent to the property owner giving them a
certain number of days to clean up the problem, and if they don't,
the Health Department turns to the City to do the actual work.
Mr. Neville re-emphasized this request is not a fine, but rather
reimbursement for the cost incurred by the City in the clean up of
the area.
Mr. Winters asked the total number of days that this property owner
was given to remedy the problem prior to the City taking action?
Ms. Lunceford stated the first time she tries to contact the owner
she allowed them at least three weeks to do the clean up. If she
receives a call from the owner and they have a good excuse why they
can't do the work in that time frame, she is always willing to be
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reasonable and extend the time. In this case, no response was made
to any of her attempts to make contact. Typically, if she does not
receive a response from the owner after the two weeks, then she
posts an order to remove the debris within 72 hours, which includes
a Certified Mailing of that notice to the owner. The owner of the
subject property did receive a letter, which was sent by Certified
Mail, but she did not receive any kind of response. Therefore,
several days after the 72-hour period the Street Department was
sent out to clean up the garbage.
Mr. MontgomerTnoted the subject site is in his District and he was
contacted by some of his constituents about the garbage problem at
the site. He acknowledge the owner of the property probably did
not make the mess and the offenders may have been Air Express. Ms.
Lunceford stated it was a freight company, based on the kind of
debris identified.
M/S/C/U(Montgomery/Colvin) to approve Resolution No. 2536, ordering
that the fees incurred for the abatement of the garbage and debris
at 3323 Kitsap Way be collected as reasonable abatement costs, and
become a personal obligation against the owners of the property,
Lloyd and Paula Anderson, which if not collected within 30 days,
will become a lien against the property.
With no further business meeting adjourned at 7:55 P.M..
KATHLEEN L. McCLUSKEY, City Clerk
';. LAW, Council President
~yyoEf Bremerton
KLM/JL/me
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