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HomeMy WebLinkAbout10/26/94TAPE #1242 UNAPPROVED DRAFT COUNCIL APPROVED NOV ..... 9 CITY COUNCIL MEETING MINUTES OCTOBER 26, 1994 #0035 #0052 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 26, 1994, at 5:30 P.M., with Council President Sherril Huff-Menees presiding. Council members present were Morrie Dawkins, John Law, David Farr, A1 Colvin, Carlos Montgomery, Bob Winters, and Richard Neville. Councilman Lon Overson 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 Huff-Menees and Invocation given by Reverend Scott Huff of St. Luke's United Methodist Church. CONSENT AGENDA A. Minutes of Meeting -- October 5, 1994, #AB94-225 M/S/C/U(Neville/Law) to approve the Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. M/S/C/U(Colvin/Dawkins) on October 26, 1994, the Council does approve for payment those vouchers included and further described as follows: 179472, 179486 through 179489 and 179491 through 179586 in the amount of $148,247.71. President Huff-Menees made the following announcements: (1) City Council Executive Session on "Labor Negotiations" immediately following the City Council Meeting. (2 City Council Executive Session on November 2, 1994, immediately following the City Council Meeting - topic of discussioR "Litigation", (3) City Council Study Session on November 7, 1994, 6:00 - 9:00 P.M., in the Council Conference Room. Topics to be discussed: Construction Project Update; American Legion Field; Stormwater 'Program/Commercial Rates; CIP/Comprehensive Plan For Parks Department (4) City Council will meet on Tuesday, November 22, instead of November 23 due to the Thanksgiving Day holiday. TAPE #1242 City Council Reg. Mtg. Minutes October 26, 1994 Page 2 of 19 COUNCIL MEMBER REPORTS Mr. Overson commented on the blustery and rainy weather and cautioned everyone to keep a flashlight close by. Mr. Neville reminded everyone of the upcoming all City Halloween Party at the Sheridan Park and Recreation Center on Monday, October 31. Mr. Montgomery announced he would hold a District #8 Neighborhood meeting on Thursday, November 17, 7:00 P.M., at his residence. Mr. Dawkins cautioned everyone to drive carefully due to the wet and slippery roadway. Mr. Colvin announced the next District #1 Neighborhood Coalition meeting will be held on November 10, 7:00 P.M., at the Sheridan Park and Recreation Center. The program for that meeting will include honoring the memory of Clif McKenzie. Mr. Winters reminded everyone that Halloween brings out lots of children and to please drive carefully for a safe and sane evening. President Huff-Menees thanked everyone who attended her District #7 Neighborhood meeting on October 20th. The overall turnout for that meeting was low, but they had a good discussion. MAYOR'8 REPORT - none. PUBLIC RECOGNITION Peg~VAtkins reported as of this date she still had not received a response from City Council or Tim Richard, Utility Engineer, concerning her complaint at the previous Council meeting. After she made a call to the City Council office and talked with Mrs. Erhart, Tim Richard called her at her home and indicated his heavy work load was the cause for his not getting a response to her letter of October 6 in a more timely manner. President Huff-Menees stated she contacted Randy Witt, City Engineer, with respect to a response to Ms. Atkins letter. At that time, she learned Mr. Richard was in the process of providing a response to Ms. Atkins. Robert Boddie, Executive Director of P.O.W.E.R. talked about the internship programs for youth at risk at T.C.I. Cable Company, The Sun, City of Bremerton and Congressman Norm Dicks Office. He introduced Brandon Souls, Mike Patterson and D. Jones, who had recently completed the T.C.I. intern program. Anyone wishing to make a donation to P.O.W.E.R. may do so by sending it to 4402C Arsenal Way, Bremerton WA 98312. Lastly, he wanted to impress upon the City Council the value of having Henry Mincey, Safe Streets TAPE #1242 City Council Reg. Mtg. Minutes October 26, 1994 Page 3 of 19 Coordination, as a part of the City and urged their continued funding of that program. Ed Pietras announced the Knights Of Columbus's 12th Annual Italian Spaghetti Festa, to benefit the Olympic Peninsula Kidney Center, will be held Sunday, October 30, 1994, 1:00 - 8:00 P.M., at the Knights Of Columbus Hall on Burwell and Montgomery Avenue. Gordy Byrd announced Bremerton Foodline is holding a fund raising auction on Friday, October 28, He gave a run down of various donations he has made out of the Byrds Nest Fund to other agencies and needy individuals. He announced the Crossroads Neighborhood Church is holding a benefit concert on October 30, 1994, 6:00 P.M., at 7555 NE Old Military Road, Bremerton. The concert will benefit: A.L.I.V.E. Shelter, Bremerton Foodline and The Byrd's Nest. Jack Lefcoski, President Kitsap Lake Neighborhood Association (KLNA), announced the KLNA is doing very well with 30-40 people attending their monthly meetings. At the November 16 KLNA meeting, the Department Of Fisheries and Wildlife Department will make a presentation on fish and wildlife, particularly salmon spawning. He was pleased to report that through cooperation with the City and Department of Fish and Wildlife, 15 weirs have been placed in the outfall culvert at Kitsap Lake enabling salmon to find their way back into the creek that feeds out of Kitsap Lake. A negative aspect of having salmon enter Kitsap Lake is that they may wash up on the shoreline at the end of the spawning period and create a bad odor. It is his observation that Kitsap Way is looking good with lots of plant life, shrubbery and trees going in from the Charleston area to the freeway Mr. Winters congratulated Mr. Lefcoski on being voted in as President of the KLNA. Shannon Cook handed out flyer advertising the 8th Annual Festival Of Trees, sponsored by Harrison Memorial Hospital, on November 25- 27, 1994. 7A - ELEVATOR RENOVATION - 245 FOURTH STREET BUILDING, #AB94-226 Bids were opened for the 245 Fourth Street elevator renovation on September 26, 1994. Four bids were received for the Elevator Renovation Project. The low bidder was Montgomery Elevator Company in the amount of $71,512.00, including 8.1% sales tax. The estimated renovation cost was originally thought to be $95,000,00. The remaining estimated funds in the amount of $23,488.00 is recommended to be partially used to employ a second shift on the Elevator Renovation Project in the agreed upon amount of $6,384.00, including 8.1% sales tax. The working of a second shift would reduce the time which the elevator is down by approximately two to three weeks. The estimated elevator down time, not including the second shift, is nine weeks. TAPE #1242 City Council Reg. Mtg. Minutes October 26, 1994 Page 4 of 19 Dan Miller, Project Manager, provided the background information as described in the Summary Statement. The total time estimated to complete the elevator renovation project is nine weeks and it was his intent to try and reduce that time through the use of a second shift. After giving the bids extensive review, he urged Council's acceptance of the lowest bidder - Montgomery Elevator Company. Gordy Byrd asked if Mr. Miller was talking about the elevator in City Hall building and if there would be a back up elevator when the subject elevator is under repair? Mr. Miller explained the subject elevator is located in the 245 4th Street Building and there will not be a back up available. Once the new Logic Control is replaced, the public will have access to the elevator at a much slower rate than once it is renovated. Renovation of the Logic Control is expected to take 11/2 weeks, which might be shortened if a second shift is implemented. Mr. Lefcoski questioned the actual time needed to complete the elevator renovation? Mr. Miller stated the renovation period is' projected at nine weeks and with a double shift they are targeting seven weeks. Mr. Overson questioned the value of the City Council expending public monies for a "second shift" and could not see that it would benefit the public. He also didn't feel the elevator would be "down" the full nine weeks. Mr. Miller explained the elevator would be on limited use for nine weeks and he is concerned about impacting the tenants of the building for that long a period. Kathleen McCluske~,'City Clerk, emphasized the importance of tenant relationship and providing services they expected when renting, one of which. is an elevator. There is a direct correlation to potential problems with rent reduction and other loss of revenue if the City doesn't move quickly in carrying out the repairs to the elevator. A concern beyond that is the location of a Doctor's office on the 4th floor, and his many elderly patients not being able to use the stairs. The City is also looking at alternative work locations on the ground floor of the building for several disabled individuals, who also work in the building. Mr. Colvin questioned the City's liability for prolonging the renovation project? Ian Slevers, City Attorney, explained Ms. McCluskey's observation of potential problems is correct, but he could not respond as to whether she has any quantified claims or demands at this point. Mr. Farr questioned if it was "OK" to have limited use of an elevator during a peri6d of time it would be decertified during the renovation? Mr. Miller stated that question was included on the pre-bid walk through on the project and he was assured such #1487 TAPE #1242 City Council Reg. Mtg. Minutes October 26, 1994 Page 5 of 19 liability would be covered under the contractor's insurance. Mr. Farr expressed his support of shortening the renovation schedule because it is important to keep the building rented. He questioned if Mr. Miller had explored the possibility of incentives to shorten work schedules even further? Mr. Miller stated no, however, such action could be brought about by using a Change Order to the contract. Mr. Law questioned.if Mr. Miller saw anything wrong with getting the renovation started and then bring back to Council any issues of incentive.he may have worked out with the contractor? Mr. Miller stated it was his intent to pursue that route and bring any proposal back to Council. The renovation schedule shows setting up the project to the point of actual renovation work' by March 2, 1995. Mr. Neville asked if there is a total budgetary amount set aside for the 4th Street Building renovation, specifically projects like the elevator, to be carried out over the next year? And, he questioned if putting a rush on the elevator project would infringe on funding of other construction needs? Mr. Miller stated other schedules for improvements to the building provide for fire Alarms, sprinklers, electrical upgrades and re-plumbing. He e.xpects to have all such work completed within the fourth quarter of 1995. He noted $1,098,000 have been budgeted to bring the 4th Street Building up to today's standards. Mr. Neville cautioned against being in such a hurry to throw a tremendous amount of money to get the elevator renovation done at record-breaking speed. M/S/C/U(Law/Farr) to authorize and direct the Mayor to execute the contract for the elevator renovation with Montgomery Elevator Company for the base bid plus the employment of the second shift in the amount of $77,896.00 subject to City Administrative Policies and Procedures. 7B - PROPOSED RESERVATION FEE IMPLEMENTATION -- OUTDOOR FACILITY USE AND RENTAL, #AB94-227 The Bremerton Parks and Recreation Department is proposing implementation of a user fee for the Evergreen Park shelter. The City provides utilities, garbage and clean-up, and maintenance of the facility for groups ranging from small private groups to larger groups of over 100 who use the facility. It is a common park operation practice to charge for building facilities which require additional labor and maintenance for their operation. We are proposing a fee structure that is identical to the rental rates for the lounge at the Sheridan Center. The facility would be free and available to the public when it wasn't reserved. This is a continuation of our existing policy. TAPE #1242 City Council Reg. Mtg. Minutes October 26, 1994 Page 6 of 19 Additionally, the Department would like to add a new rental rate for larger groups who use the gymnasium as a auditorium. Additional staffing is required for set-up and clean-up when large groups use the gymnasium as a meeting room. Our current rates for gym rental do not cover the cost of providing the facility. Pat Harris, Director of Parks and Recreation, provided staff input as described in the Summary Statement. The proposed fee structure, as shown on Page 20 of the Agenda Packet, identifies two separate rates, one for non-profit organizations (schools, local church groups, private individuals, government) and one for commercial/for- profit organizations. Both proposed rates would have a minimum of 4-hour period, which includes the set up and clean up time. GrOuD A - Non-Profit Monday through Friday ......... $50 plus $12.50 each additional hour. Weekends ...................... $75 plus $18.75 per each additional hour Group B - Commercial Monday through Friday ........ $125 plus $31.25 per additional hour Weekends ..................... $200 plus $50 per additional hour The current gymnasium fee for sports play (basketball, volleyball, etc.) is: Per Hour (two hour minimum) Group A Monday/Friday/Daytime $8.25 Monday/Friday/Evenings $11.00 Weekends $16.00 Group B Monday/Friday/Daytime $22.00 Monday/Friday//Evenings $26.50 Weekends $31.50 Outdoor Facility Use Fees (note: This proposal does not include the Bremerton Boardwalk). $5.00 fee to cover administration and processing for reserving any park except Evergreen Shelter. Fee for reserving the use of Evergreen Shelter: Group A: $13.25 for a four hour session Group B: $36.50 for a four hour session Staff recommends continuing the policy of providing the Sheridan TAPE #1242 City Council Reg. Mtg. Minutes October 26, 1994 Page 7 of 19 Recreation Center gym free for youth groups on a one-time-per year basis, which includes groups such as 4-H, Boys and Girls Scouts, etc. Public comment - none. Mr. Neville asked how would the Parks Department handle a situation where the Evergreen Shelter was reserved for a specific date, but someone one from the public sets up their picnic in the shelter? Mr. Harris stated the easiest solution is prior notification and he anticipate posting a Permit Application at the shelter 24 hours before the reservation period occurs. Mr. Neville asked if a staff person would be present in order to enforce the reservation? Mr. Harris stated he did not anticipate having staff stay for the duration of the rental period. From his previous experience with this similar kind 'of fee implemented with a shelter or kitchen, rarely does a problem occur except on a major holiday, such as the 4th of July. He is recommending that reservations not be allowed on major holidays. Mr. Neville stated he sees a problem in that there is no one the public can contact on a Saturday to get some immediate response to a problem that might occur. Mr. Harris emphasized through the months of March - October the Department is staffed on weekend duty. He also suggested posting a contact number on the reservation card, which would alert the user in the event they did have a problem. Mr. Neville questioned if he understood correctly the funds collected through this fee structure would be used to cover the expense of the labor force? Mr. Harris stated this type of fee would go directly back to the General Fund' as revenue. Mr. Dawkins questioned if it was normal practice to have a staff person at Evergreen Park on weekends during the summer months? Mr. Harris explained during the summer months there is a staff person, who does a rotating service throughout the parks system...service the restrooms, pick up litter, etc., generally on a twice per day basis. Mr. Law asked what was the dollar income for the overall program over the past year? Mr. Harris stated currently 15-20 groups use the gymnasium as a meeting place and any additional revenue they would look at would be in the neighborhood of 15-20 user groups per year. Currently, .the frequency of use, extracting out league play and other basketball groups, generates about $1,600 per year. Mr. La~ questioned if the Reservation program for the Evergreen Park Shelter has been in place this year? Mr. Harris stated yes, there is a Reservation Permit process, however., there. was no fee structure. President Huff-Menees asked Mr. Harris to explain how other #2158 TAPE #1242 City Council Reg. Mtg. Minutes October 26, 1994 Page 8 of 19 municipalities set up their fee structures for their park facilities. Mr. Harris stated it is not unusual for municipalities to charge for shelters/kitchen facility, specialized auditoriums, theaters, etc., because there is additional costs associated with maintenance and operation. He anticipates that. this year and coming years there will be increases in costs because in previous years the Parks Department was not charged for garbage pickup out of their budget. He believes the proposed fees are very modest considering the cost to provide the services. M/S/C(Dawkins/Law) to adopt fees for the Evergreen Shelter and create a new fee rate structure 'for Sheridan Park gymnasium use. Vote on motion: Motion carried. In Favor: 'Law, Montgomery, Dawkins, Colvin Winters, Overson, Farr, Huff-Menees Opposed: Neville 7C - AGAPE' GRANT FUND RENTAL ASSISTANCE FOR ALCOHOL AND DRUG-FREE HOUSING FOR HOMELES8 MEN,. WOMEN, AND CHILDREN (CITY PASS-THRU AUTHORITY), #AB94-228 The City requested HUD funds in 1993 in partnership with AGAPE'. The funds provide rental assistance to homeless men and women (with children) who are successfully enrolled in the AGAPE' substance/ alcohol abuse recovery programs. (All program participants must be substance/alcohol free). HUD has awarded the City $596,400 to fund the AGAPE' program. CounCil must authorize the Mayor to sign the agreements to use the funds. Barbara Day Miller, Executive Director and founder of Agape Unlimited, gave a brief history of how she stated the AGAPE program in 1985, to provide a comprehensive, affordable and culturally sensitive alcohol and drug treatment in Kitsap County to deal with the very crucial areas of chemical dependency and the disease of alcoholism and drug abuse. From her earlier experience, she found that 85-95% of her clients, both in high schools, counseling area and in corrections, were there as a result of alcohol and drug abuse. AGAPE started with a $8,000 grant in 1985 and today has a budget of $40,000 per month. They employ 16 staff members, a transitional housing facility in Port Orchard at 810 Bay Street that houses six women and their children, and two houses recently acquired through the Housing Trust fund, in cooperation with the Community Development Block Grants, City Of Bremerton located on Crawford Street (below the Bayview Inn). Those two houses were paid for (free and clear) from Housing Trust Fund monies and CDBG Grant. One of those houses will provide men's transitional housing for up to 8-10 men and the other will house about five women and, their children. In addition, the project will also place families into housing with something similar to Section 8 housing TAPE #1242 City Council Reg. Mtg. Minutes October 26, 1994 Page 9 of 19 certificates, which are called "Shelter Plus Care", a new allocations from HUD specifically to eliminate areas of ghetto/blight areas. The Shelter Plus Care program provides for monitored housing for persons .that are in programs, such as chemical dependency, mental health, development disabled...a wide range for persons needing assistance, specifically for homeless persons and they will be able to provide 10 individual units throughout.the community. The Grant Application was submitted about 11/2 years ago and initially it was thought to be very unlikely that AGAPE would receive the funding. The grant applied for was in the amount of $485,000, however, they were awarded approximately $595,000, to be paid out over a 10 year period..She is proud that Kit~ap County and especially Bremerton has been recognized as having a homeless problem, which in most cases they think this area is just a bedroom community and not experiencing such problems. She introduced Robert Boddie, a former client of the men's transitional housing. Robert Boddie talked about his experience of living in the men's shelter, participating in AGAPE's treatment program and his road to recovering. He and others, who completed the AGAPe treatment program with him, have remained in the community and are contributing, productive citizens. His experience living in the men's shelter and completing a treatment program gave him a chance to see there are other things in society besides being an alcoholic or addict. If he did not have that opportunity in his life, he would most likely be committing crimes and not be a productive citizen. Public comment - none Mr. Montgomery asked what is the success rate of the AGAPE Program. Mrs. Day Miller stated individuals that stay in the program for six months, have an 80% chance of recovery. Mr. Law asked Mrs. Day Miller her "felony" rate? Mrs. Day Miller stated she has had 5,000 individuals go through her program since 1985, and is aware of only two being convicted of a felony. Mr. Law requested an explanation of the "supervision" provision provided in this proposal. Mrs. Day Miller explained in order for someone to qualify for housing within the community or housing in their facilities, they have to be actively participating in the out-patient treatment program, must remain clean and sober, which is monitored through Urine Analysis Screening, must be in compliance with their program, and regular inspections will be made in the homes to make sure they are keeping the facilities up and maintaining clean and sober housing. The individuals will have a contract with AGAPE and AGAPE will have a contract with the landlord and paying them directly for the housing. The housing TAPE #1242 City Council Reg. Mtg. Minutes October 26, 1994 Page 10 of 19 for the Clients will be subsidized, but they will also be paying a portion of the rent for Section 8 housing. President Huff-Menees requested an explanation of the City's responsiblity or involvement in this program. Debbie Peavler- Stewart, Senior Planner, stated the City would be doing similar monitoring and administrative actions as those being done with the CDBG Program. The City will monitor AGAPE to insure that they are doing what they agreed to in the contract. Administratively, the City will be handling the financial aspects. Mr. Colvin asked the number of men's shelters currently in operation? Mrs. Day Miller stated none at the present time. Due to lack.of funds they had to shut down the one men's facility they had been operating on Chico Way. TAPE #1443 Mr. Oversonquestioned for clarification the correct dollar figure for the AGAPE contract? Mrs. Day Miller- explained the budget adjustment reflects a figure of $30,000 for 1994, and in the beginning of 1995, the allotments will be broken down into five equal payments of the remaining balance. Mr. Overson asked if that process was in writing within the documentation provided? Mrs. Day Miller stated she did not believe it was in writing, but it is Don Pratt, Director Of Community Development, instruction to her. Kathleen McCluskey, City Clerk, supported Mrs. Day Miller's comment and explained the 1995 budget, when approved, will already reflect the estimated amount for that year. She emphasized the Budget Adjustment document reflects the correct amount and a correction should be made to Page 24 of the packet by changing the "Expense (AGAPE' Contract) to $30,000. not $596,400. Mr. Winters expressed his appreciation of Mrs. Day Miller and the AGAPE program, which he completed successfully, and as of January 2, 1995, will celebrate four years of sobriety. Mrs. Day Miller noted Mr. Winters is giving back to the AGAPE program by donating his Karoke services for the "Clean and Sober" dances sponsored her organization. #0167 President Huff-Menees stated in reading through the AGAPE program narrative, she was pleased to see the number of ways clients are trained and the tools they are provided with to become productive again and nothing is taken for granted as to what kinds of things they will be dealing with as a productive member of society. M/S/C/U(Winters/Colvin) to authorize the Mayor to sign the HUD grant and City/AGAPE' agreement; and approve the budget amendment implementing this grant. #0351 TAPE #1243 City Council Reg. Mtg. Minutes October 26, 1994 Page 11 of 19 8A - ORDINANCE NO. 4488 (SECOND READING) AUTHORIZING THE ISSUE OF UP TO $500,000 LINE OF CREDIT FOR THE ABATEMENT OF UNFIT BUILDING8 AND ACCEPTING THE OFFER OF SEATTLE FIRST NATIONAL BANK, #AB94-221 Rich Hanna, City Treasurer, provided members of the Council Operation Committee copies of the draft Polices and Procedures that he had previously promised to provide. He intends.to have this document in final form and in place prior to year end and prior to expenditure of any of the proceeds of the line of credit. Public opinion - none. Mr. Law acknowledged Mr. Hanna did make a presentation to the Fiscal and Budget Committee on the daft policies and procedures, which he perceived to be very complete, significant and one that involves going through the Mayor's office. Mr. Colvin stateda group of citizens asked him about the abatement procedure and he assured them some type of notice is given to the property owner prior to carrying out the abatement. Mr. Hanna stated Mr. Colvin is correct, however, he was not prepared to explain that process. Mr. Overson questioned if there was another step planned to make the proposed draft policies and procedures a formal document, and if so when? Mr. Hanna stated the Mayor and staff intended to have that document in final draft prior to the end of the year and prior to expenditure of any funds from the line of credit. Mr. Overson questioned if the next step will be to remove the word "draft" from the policies and procedure document? Mr. Hanna stated based on the discussion during the Fiscal and Budget Committee, everyone was comfortable with the document, however, he did want the members of the Council Operations Committee to have an opportunity to review the document and provide any input prior to it being finalized. Mr. Overson pointed out this policy and procedure doesnot involve Council interaction with staff prior to its going through the abatement process. Mr. Farr pointed out Don Pratt, Director of Community Development, presented the draft policies and procedures document to the Council Operations Committee this date and no negative comments were made following that discussion. ' M/S/C/U(Farr/Montgomery) to pass Ordinance No. 4488 on 'second reading relating to contracting indebtedness; authorizing the issuance of a Limited Tax General Obligation Line of Credit Note, 1994, in the aggregate principal amount of not to exceed $500,000 at any one time outstanding to provide funds necessary to pay costs 'relating to the enforcement of Ordinance No. 4418 and Chapter 35.80 RCW concerning the abatement of unfit dwellings, buildings, TAPE #1243 City Council Reg. Mtg. Minutes October 26, 1994 Page 12 of 19 structures, and premises, and for other lawful City purposes pending the issuance of general obligation bonds or other sources of repayment; fixing the date, interest rate, form, maturity, terms, covenants and uses of the proceeds of the note; creating a note redemption fund; and approving the sale and providing for the delivery of that note to Seattle-First National Bank, Seattle, Washington. 8B - ORDINANCE NO. 4489 (SECOND READING) AMENDING THE 1994 BUDGET TO INCLUDE BUDGET ADJUSTMENT8 94-16 THROUGH 94-30, #AB94-222 Public opinion - none. Mr. Overson asked if the subject changes would be reflected down to the departments so that Council will see the 1994 proposed budget and 1994 amended budget during Council's budget review process in November? Rich Hanna, City Treasurer, stated he intends to present to Council the 1994 budget, as amended by this ordinance, but the hour is late to incorporate that into the preliminary document. Mr. Colvin asked how many budget amendments are made throughout the year? Mr. Hanna stated typically there are three budget adjustment actions...late spring/early summer, mid fall and December. #0427 M/S/C/U(Overson/Neville) to pass Ordinance No. 4489 on second reading amending Ordinance No. 4464 relating to the budget of the City of Bremerton for Fiscal Year 1994. 9A - RESOLUTION NO. 2484, SETTING FEES' FOR IVY GREEN CEMETERY, #AB94-229 The Parks and Recreation Department recently completed a market survey of municipal and private cemeteries. Results indicate that on average, our current charges are approximately 100% lower than other municipal cemetery rates. The last year that fees were increased was in 1978. In order for Ivy Green cemetery fees to cover operating expenses, proposed rate increases are recommended. The proposed rates for Ivy Green Cemetery would reflect a median average of all fourteen municipal rates. Additionally, fee increases will directly add to the perpetual care fund, an important factor in the funding of the long term maintenance at the cemetery. '- Pat Harris, Director of Parks and Recreation, reviewed the history of the Parks Department taking over the stewardship of Ivy Green Cemetery in 1983. Prior to that, the City Commissioner of Finance had the responsibility of overseeing operation of the cemetery. In 1978 a Perpetual Care Fund was established for the purpose of building up a reserve to fund operations and maintenance of the cemetery once it is completely full, and currently there is $116,000 in that fund. The 1995 annual budget for the cemetery is TAPE TAPE #1243 City Council Reg. Mtg. Minutes October 26, 1994 Page 13 of 19 approximately $62,000 and the cemetery is at 70% capacity, which leaves approximately 1500 available sites. Due to the fact that a fee increase has not taken place in sixteen years, the City will be playing "catch up" on the Perpetual Care Fund indefinitely. If the City averaged 40 sales per year, the cemetery would be full in 37 1/2 years. In looking toward the out years, it is estimated that the City will need 3.2 million dollars in the Perpetual Care Fund to cover the cost of operations. That dollar amount is calculated by factoring inflation at a constant 4% over 37 1/2 years. The most optimistic scenario developed is that if an immediate change is made to perpetual care by increasing it 100% by placing all revenues generated from the'sale of plots into the Perpetual Care Fund, the City would be looking at'a shortfall at the 37 1/2 year mark, based on the current operation costs of $46,000, of approximately $103,000. Mr. Harris intents to bring the issue of Perpetual Care funding back before Council due to its being a critical issue that Council needs to become informed about and make a decision. Addressing the proposed fee increase, even with an increase at this point the City will be behind a Curve caused by a 16 year period without any kind of increase. The proposed fee increase is significant, however, it reflects the fact that'previous action had not been taken to increase fees. The proposed fee increase is the median of the 14 municipal 'cemeteries used in a comparison study. #1244 (Note: new tape required due to equipment problem when recording.) Tom Triggs, Bremerton resident and veteran, talked about the sacredness of the veterans area within Ivy Green Cemetery. He emphasized in many instances veterans die'and have no money left for burials and that cost is then picked up by the Veterans organizations. He was opposed to the proposed fee increase and pointed out the Veterans organizations have provided many volunteer hours of perpetual care to keep Ivy Green Cemetery clean, and that assistance is on a voluntary basis. He believes as citizens it is our duty to respect our fellow American's contribution to our freedom. Mr. Overson asked if there is a Federal care program that assists veterans with burial costs? Mr. Harris.stated he did not know if there is a Federal care program, but he concurred in Mr. Triggs statement that the Veteran organizations have been active in providing some perpetual care for the veterans' grave markers, There are also individual families (3-4) who do their own perpetual care. The City's staff does provide care for veterans grave markers. Out of the proposed number of sales per year of 40, less than 10% would be veteran sales. Mr. Overson asked if there was TAPE #1244 City Council Reg. Mtg. Minutes October 26, 1994 Page 14 of 19 any funding support for individuals without funds for a'burial? Mr. Harris stated he did not know of any. Mr. Farr stated during the committee briefing he thought he understood that every.city has obligation to take indigent people for burial if there are no funds as a part of. operating municipal cemeteries. Mr. Harris stated municipal cemeteries are not mandated or required to provide that service, but they may elect to do so. Many municipal cemeteries do offer that service as a public service Mr. Farr asked Mr. Harris if he knew the history of Ivy Green Cemetery taking indigent burials? Mr. Harris stated he is aware of instances where the City has assisted financially burial costs for indigent families and individuals. Mr. Law stated the issue of indigent burials is not clearly addressed and felt the Administration should develop a policy to bring before the Council. Mr. Harris recommended that staff provide a policy statement, however, the fee increases are important to implement to meet the financial needs. As a point of clarification, he wanted the Council and public to be aware that the City is not mandated or required to accept indigent burials. The State has given the responsibility of indigent burials to the county. Mr. Winters stated he had several concerns that brought him to the point of not supporting this proposal. He felt strongly that the City did have an obligation to provide some type of assistance for veterans who fought for freedom of our society. He questioned the reason behind the City not developing a Cemetery Board to slowly increment the fees? Mr. Harris stated since he is relatively new to Bremerton, he could not respond to all historical type questions. He felt having a Cemetery Board ultimately has benefits because it is a governing board that can make recommendations to the City Council. He believes that past practice just left it up to 'the Parks and Recreation Director to bring those kinds of recommendations to the City Council. Mr. Winters asked if a person is an indigent, who is paying for the burial costs? Mr. Harris stated on a situation like that there is no funding. He emphasized the proposed fee increase is not on a retro-active basis,.but for sales henceforth. Mr. Winters asked if the fees are increased will it attract more people to purchase plots? Mr. Harris stated he did feel a fee increase would deter or increase the number or level of sales. He did feel capital improvements at the cemetery would ultimately attract more business. He pointed out the proposed fee is significantly lower that those being charged at private cemeteries and funeral homes. Mr. Winters asked if the City's caretaker at the cemetery is full or part time and the amount of his salary? Mr. Harris stated Mr. Otis, (employee of the City for over 30 years) is a full time employee and receives a salary of TAPE #1244 City Council Reg. Mtg. Minutes October 26, 1994 Page 15 of 19 approximately $36,000. Mr. Colvln asked if the City's cemetery was a"municipal" cemetery or "veterans" cemetery? Mr. Harris explained Ivy Green Cemetery is a municipal cemetery that has a portion of the cemetery dedicated for veterans. Mr. Colvin asked Mr. Harris if he was familiar with Cemetery Boards? Mr. Harris stated yes, his most recent experience was with the City of Edmonds and the Cemetery Board acted as an advisory Board after reviewing the budget process, fee increases, etc. He supported having a Cemetery Board because it provides an opportunity for the community to give input rather than just the Parks and Recreation Director. Mr. Dawkins pointed out a significant part of the cemetery is the Tomb Of The Unknown Soldier that has been in place approximately 40 years and several other historical plots. He asked if the increase in fees would have an impact on the historical military plot areas? Mr. Harris stated he would not anticipate any changes. Mr. Overson stated during the meeting break he received a telephone call from a past City Council member, "Tiny" Collins, asking him to emphasize to Mr. Harris the value of the Unknown Soldier tomb and the requirement' to give it particular special' attention. Mr.- Overson asked Mr. Harris if the statement made to the Fiscal and Budget Committee that he would be putting more resources into the cemetery as a result of the revised policies and procedures as well as the increased fees to help keep the cemetery in better condition was true? Mr. Harris stated these fee increases would not roll back into the operation fund for the cemetery unless the Council and Mayor approved such a change. Ultimately, his department will be recommending a change for perpetual 'care and most of the increased funds would go directly.into that fund. He will pass on the comments and concerns raised by council regarding any improvements that can be made to the veterans markers that can be done within reasonable costs. Mr. Overson stated if something is not presently in the budget to meet those needs, he urged Mr. Harris to submit a modification to the budget to Council in order to include such funds. Mr. Neville asked how many of the 13 rules referenced are new rules and are there any new stringent regulations? Mr. Harris e~plained the subject document is modeled after the previous Resolution and it addresses fee changes only. Mr. Winters pointed out the City's current cost of an urn liner is $50.00 and the proposed fee is $70.00. He questioned the City's current cost for that item? Mr. Harris noted the City's cost for that item is $40.00. #0691 TAPE #1244 City Council Reg. Mtg. Minutes October 26, 1994 Page 16 of 19 Mr. Law stated he felt the fee increase should be passed, however, a number of valid questions have been raised and need to be addressed. Mr. Overson stated that was.part of the reason why it has taken so long to bring forward new rates. Previous discussions had been held with Park Directors to bring out various changes, but they did not pursue further action. He felt that kind of program put the City in the position it now faces and he did not feel further delays would help. M/S/C(Colvin/Montgomery) to approve Resolution No. 2484, rescinding Resolution No. 1889, setting forth new rules, regulations, and rates for the operation of Ivy Green Cemetery. Vote on motion: Motion carried. In Favor: Overson, Neville, Farr, Law, Dawkins, Huff-Menees, Montgomery, Colvin Opposed: Winters 10A - PUBLIC HEARING ANDRESOLUTION NO. 2485REGARDING THE RECOVERY OF FEES FOR THE ABATEMENT OF THE STRUCTURE LOCATED AT 5962 BARLOW DRIVE, #AB94-230 In June of 1994, the City was forced to demolish the structure located on the property at 5962 Harlow Drive after the owner failed to obey an order of the Building Official to do so. The Street Department performed the work and the abatement fund was charged a total of $6,379.46. President Huff-Menees asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. David Nelson, Building official, gave the following abatement history: (1) subject structure suffered severe damage in a fire in 1991; (2) approximately 11/2 year after being damaged the site attracted other nuisance type activities, such as additional fires, breaking of windows, throwing of rocks, etc., so the City issued a Dangerous Abatement on the building; (2) City required that the building be secured from entry - owner did not comply so City stepped in and boarded up the structure; (3) as the site moved up on the City's priority abatement list his department continued with the abatement action and turned over to the Street Department. The Street Department's initial action was todo an asbestos survey and found. that the building did contain asbestos. At the time the asbestos was being removed, the owner of the building contacted the City and asked if he could demolish the structure, which the City agreed to and identified a deadline when that action had to be carried out. The building owner'started the demolition, however, it was not complete by the deadline date, so the City proceeded to finish demolishing the building and graded the area. The charges before TAPE #1244 City Council Reg. Mtg. Minutes October 26, 1994 Page 17 of 19 Council are those that were incurred in carrying out the abatement. Public comment - none. Mr. Dawkins asked how well has the City done in recovering abatement costs? Mr. Nelson stated one abated site has a lien against the property and the owner wishes to sell the site, however, they must satisfy the City's lien before they can obtain clear title to the property. Another abatement site is involved in a new project to develop community housing. The City had to fence the foundation because it was filling up with water. Before the owners of that site can conclude any other transaction on that site, they must satisfy the City's lien. To his knowledge, the City has not had any that have gone through the 3-year process and been satisfied, but they'are picked up as part of a transaction when it transfers. from one property owner to another. The County has not yet held an auction on a City abated property so that the City could recoup its funds. Mr. Law stated it was his understanding there was a three year max on the liens before the property would be sold. Mr. Nelson explained when the lien is filed with the County, it goes into a three yearwaiting period. Mr. Law asked if the City collected 12% interest during this time frame? Mr. Nelson stated the City collects an interest rate based on prime plus so many points to a maximum of 12%. Mr. Law questioned if the City would not have anything over three years from the date the lien was placed against the property? Mr. Nelson stated he assumed the process worked that way, however, once it goes to the County Treasurer and Assessor's office it is up to them to take that next action. Ian Sievers, City Attorney, stated Mr. Nelson's statements were correct and the only way after three years when it goes to a Sherriff's sale because of tax foreclosure type proceedings by the County Treasurer the only reason we wouldn't get our money was if there were more taxes than the property sold for. Mr. Nelson stated even in the event the taxes exceed what the City's process cost, the City shares equally with the County and recoup a portion of the fees. Mr. Farr asked if this particular owner had chosen to demolish the structure by himself, would he be required to get a demolition permit and does that permit address the issue of asbestos? Mr. Nelson stated Puget Sound Air Pollution Control Agency (PSAPCA) allows property owners to remove their own asbestos and he has no jurisdiction over that action. He is required to tell them to contact PSAPCA at the time they pick up their demolition permit. The City carries out asbestos inspections in order to protect City employees assigned to the demolition work. Mr. Overson stated he thought the City had approached a different #1108 TAPE #1244 City Council Reg. Mtg. Minutes October 26, 1994 Page 18 of 19 mode of getting reimbursed for abatements. Mr. Nelson explained the City has the option of going for a personal judgement against the individual or a tax assessment lien against the property. When he brings an item to Council, his recommendation will be based on his investigationof an individual and the chances of being able to collect a personal adjustment rather than a tax assessment lien. M/S/C/U(Montgomery/Colvin) approve Resolution No. 2485, ordering that fees incurred for the demolition of the structure at 5962 Herlow Drive be collected as reasonable abatement costs, and become a lien against the property. 10B - PUBLIC HEARING ANDRESOLUTION NO. 2486REGARDING THE RECOVERY OF FEES FOR THE ABATEMENT OF THE STRUCTURE LOCATED AT 6536 KITSAP WAY, #AB94-231 In July of 1994, the City was forced to demolish the structure located on the property at 6536 Kitsap Way after the owner failed to obey an order of the Building Official to do so. The Street Department performed the work and the abatement fund was charged a total of $8,497.37. President Huff-Menees asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. David Nelson, Building Official, stated the Lakeshore Inn was heavily damaged by fire in early spring of 1992, abatement of the site was implemented in June of 1992, along with an going investigation by the Fire Department. No action was taken by the owner of the building as directed by the abatement process, so the City moved forward to remove it because it was felt the City would be responsible for the site. A Title Report was done thereby notifying anyone that had an interest in the site that the City was carrying out the abatement process. The people who had sold the building to the current owner contacted the City and negotiated allowing them to board up the building for a period of six months, which the City agreed to. At the end of that period, nothing had been done to the site and reports were coming in that it was opened again, which they investigated and found the back door to the building was open and garbage and old appliances were being deposited in and behind the building. Therefore, the City went back into the abatement process and notified the owner of the building by registered mail as was the 'individual the City negotiated the earlier 6-month-interim fix. Following notification there was no response and the City carried out the demolition of the building. Jack Lefcoski, representing the Kitsap Lake Neighborhood Association, stated he and his organization are in favor of taking care of abatements in as prompt a manner as possible. After having #1619 TAPE #1244 City Council Reg. Mtg. Minutes October 26, 1994 Page 19 of 19 two burned out structures in their neighborhood sit for over a year after being damaged was not something they wanted to see repeated in the future. He raised another issue .... right now someone is dumping brush on the site where the building existed. Mr. Overson pointed out property owners do have their rights and if they wished to dump brush on their property it is legal. Mr. Law asked if there wasn't some way to require someone to post a bond if they ask for the six month period to either demolish or fix the damaged building? Mr. Nelson stated because the City's Uniform Code For .The Abatement of Dangerous Buildings prescribes that six month period to comply as one of the remedies for dangerous building conditions, we cannot require a bond. Mr. Law stated he would appreciate the City Attorney giving the City the tool to be able.to do that so people won't create delaying tactics. Ian Sievers, City Attorney, stated if the permissive delay is granted, the City can attach conditions to that permission, such as abond, to finish the project if they don't meet the deadline. He will review the Code to see what the City can permissively allow them to do. Mr. Colvin asked if additional abatement fees can be incurred even after the building has been demolished? Mr. Nelson stated the owner still has the responsibility to maintain the property and if they neglect that where it becomes a hazardous situation then the City can initiate more activity and incur more fees. Mr. Colvin asked the City Attorney how much liability does the City incur with abatement activities? Mr. Sievers stated the activity of doing the abatement work is a public works and it is the City's liability if City employees do the work, but we try to pass that liability along if contractors are hired to do the work because they are the active participant in the work. M/S/C/U(Farr/Montgomery) by Resolution No. 2486, order that fees incurred for the demolition of the structure at 6536 Kitsap Way be collected as reasonable abatement costs, and become a lien against the property. With no further business meeting adjourned at 8:35 P.M.. KATHLEEN L. McCLUSKE~, City Clerk City of Bre~ KLM/SH-M/me cc: Normal Distribution File/Vault