HomeMy WebLinkAbout10/26/94TAPE #1242
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CITY COUNCIL MEETING MINUTES
OCTOBER 26, 1994
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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.
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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.
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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,
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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