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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 TAPE #1350 City Council Reg. Mtg. Minutes January 17, 1996 Page 2 of 12 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. TAPE #1350 City Council Reg. Mtg. Minutes January 17, 1996 Page 3 of 12 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 TAPE #1350 City Council Reg. Mtg. Minutes January 17, 1996 Page 4 of 12 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. #0774 TAPE #1350 City Council Reg. Mtg. Minutes January 17, 1996 Page 5 of 12 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. TAPE #1350 City Council Reg. Mtg. Minutes January 17, 1996 Page 6 of 12 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 #1440 #1512 TAPE #1350 City Council Reg. Mtg. Minutes January 17, 1996 Page 7 of 12 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 TAPE #1350 City Council Reg. Mtg. Minutes January 17, 1996 Page 8 of 12 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 #1834 TAPE #1350 City Council Reg. Mtg. Minutes January 17, 1996 Page 9 of 12 $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 #2195 TAPE #1350 City Council Reg. Mtg. Minutes January 17, 1996 Page 10 of 12 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 TAPE #1350 City Council Reg. Mtg. Minutes January 17, 1996 Page 11 of 12 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 #2510 TAPE #1350 City Council Reg. Mtg. Minutes January 17, 1996 Page 12 of 12 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 cc: Normal Distribution File/Vault