HomeMy WebLinkAbout05/02/01 AGENDA CITY COUNCIL MEETING AGENDA
MAY 2, 2001
1, PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M,
A. General Council Business
2. CALL TO ORDER: 5:30 P.M.
A. Pledge of Allegiance
B. Invocation
3. CONSENT AGENDA
A. Minutes of Meeting - April 4, 2001 (#AB01-091)
B. Minutes of Meeting - April 11, 2001 (#AB01-092)
4. CLAIMS/CHECK REGISTERS
5. COUNCIL MEMBER REPORTS
6. MAYOR'S REPORT
7. LEGISLATIVE REPORT
8. PUBLIC RECOGNITION - (Comments limited to 3-minutes)
NEW BUSINESS
A. Bremerton/Kitsap Access Television (BKAT) Funding Agreement with Kitsap County; and //~¢
BKAT Governmental Services Agreement with Kitsap County (#AB01-093)
B. Kitsap Regional Coordinating Council (KRCC) Revenue Sharing Principles Agreement ~.~,~
(#AB01-094)
10. ADJOURNMENT OF MEETING
COUNCIL WILL RECONVENE IN THE COUNCIL CONFERENCE ROOM FOR THEIR MONTHLY
STUDY SESSION...
Pt O lAA4AI30N
Resod~tion to p~ovtde ~o~ settM9 aside ~ app~ol~tate day as a Natlonad Day o~ P~aye~;
and
Aas pdayed tn tAe dives o~ Mdtvtd.ads and tAe nation;
and tA4el~sgtvtn9;
So,tows and }eMS, ~e~o~se and ~enewed ~esodve. tAan~s and ioy}.d p~dse, and dove;
NO~, )'~V~N~AON~, 3, lynn S. tto~ton, A4aym o} tAe Pity o} 8~M, etton do Ae;e#y
p~ocd~tm May 3, 2001 aS tAe
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$~N~D tAls ~vv day of A4ay 200~.
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PROCLAMATION
WHEREAS, annually in the United states approximately 32,000 people die by
suicide and 775,000 suicide attempts are made; and
WHEREAS, more people die from suicide than from homicide or AIDS in the
United States and there are 4.5 million people affected by the loss of a loved one to
suicide; and
WttERF.,4S, the State of Washington is ranked 16th in the nation for suicides
and Kitsap County's rate is higher than the national average; and
WHEREAS, in 1999 there were 47 suicides in Kitsap County averaging one
death approximately every 7.7 days and of those 47, 18 were in the 35 to 44 year age
group; and
WHEREAS, suicide is the eighth leading cause of death for all Americans and
the third leading cause of death for young people ages 15-24; and
WHEREAS, most people who complete suicide suffer from depression, which is
a treatable mental disorder and eighty percent give some warning of the intention; and
WHEREAS, educating our community is a key to decreasing this unnecessary
tragedy.
NOW, THEREFORE, I, Lynn S. Horton, Mayor of the City of Bremerton, do
hereby proclaim May 6-m, 2OOl as Suicide Awareness Week and Saturday, May loth as
SUICIDE AWARENESS DAY
SIGNED this 2nd day of May 2OOl.
Lynn S. Horton, Mayor
AGENDA BILL
BREMERTON CITY COUNCIL
· SUBJECT: FOR AGENDA OF:
ORIGINATING DEPT.: CITY COUNCIL
MINUTES OF MEETING-- APRIL b,, 2001 ORIGINATOR: JOHN E. LAW, PRESIDENT
DATE SUBMITTED: APRIL 12, 2001
!. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
ENDORSEMENT ['] INFORMATION ['] APPROVED BY COUNCIL PRESIDENT FOR SUBMI'Fi'-AL:
AAYOR COUNCIL PRESIDENt:.,
~.. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
RECOMMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
~ULLED ri TABLED [I APPROVED ~ DISAPPROVED ['1 AMENDED ['1 DATE: ~5
.~OUNCIL DIRECTIVE:
11. AGENDA BILL NO.'
(OVER)
I
2. CLEARANCE COMMENTS:
4. SUMMARY STATEMENT (CONTINUED):
5. IMPACT OF NON-PASSAGE:
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCE-°,:
7. RESEARCH SOURCES:
TAPES #1761 & &1762 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
April 4, 2001
The weekly 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, April 4, 2001, at 5:30 P.M.,
with Council President John Law presiding. Council members present were Jim Reed, Conrad Esser,
David Farr, Mike Shepherd, Ed Rollman, Cecil McConnell, and Wayne Olsen. Council member Carol
Arends was absent. Also present were Deputy City Clerk Paula Johnston; Assistant City Attorney
David St. Pierre; and Legislative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConne/I, followed
by the invocation given by Council President John Law.
President Law made the following announcements:
1) A Pre-Council Session was held in the Conference Room to discuss general Council business.
2) Item "11B - Resolution No. 2807, Calling for Good Governance and Scheduling Council Goals &
Priorities" was pulled for one-week.
CONSENT AGENDA
A. Minutes of Meeting - March 14, 2001 (#AB01-077)
#0023 M/S/C/U (McConnell/Olsen) Move to approve Consent Agenda as presented.
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those
expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a
listing that had been made available to the Council.
#0043 M/S/C/U (Esser/Reed) On April 4, 2001, the Council does approve for payment those
vouchers included and further described as follows: Checks 250696 through 250891 in the amount of
$477,075.14; and Regular Payroll in the amount of $957,685.71 for the pay period ending 3/31/01.
COUNCIL MEMBER REPORTS
Conrad Esser encouraged the public to meet at the downtown boardwalk to participate in the
"Sinclair Inlet Clean-Up" event on Saturday, April 21, 2001 from 11:00 A.M. to 2:00 P.M.
David Farr stated that because he would no longer be a resident of District #6, he submitted his
resignation letter, officially resigning from his position as Council member of District #6. He offered a
few observations from his last seven years, and thanked the citizens of the City for allowing him to
serve. He then particularly encouraged women and persons of color to apply to fill his vacancy.
Mike Shepherd discussed the demand for the "Mudgie's" candy, made in honor of the City's
Centennial Celebration; and announced the official opening of the "Attraverso L' Acqua Art Gallery &
Studio" the night of the First Friday Art Walk. Artists interested in space may call 479-3163 at the
gallery located at 2207 East 11th Street in the Manette Business District.
Ed Rollman was pleased that Freddie Perry was included in a list of citizens nominated for the
Jefferson Award. She is a local historian nominated by Mr. Rollman, for her work in documenting the
past 100 years of Bremerton's history in a book that will be available this fall. He also discussed a
special photo display on Bremerton history at the Kitsap Historical Museum during the Armed Forces
celebration. He thanked David for his service to the City and echoed the encouragement for a
diversified group of citizens to apply for the District 6 Council member position.
TAPES #1761 & #1762
City Council Reg. Mtg. Minutes
April 4, 2001
Page 2 of 6
Cecil McConnell wished David good luck and best wishes.
Wayne Olsen also wished David good luck, and thanked him for his service. He noted that he has
talked to the Parks Department regarding complaints of the lights being left on at Lion's Field while no
activity is taking place on the field. It was explained that groups have signed up to use the field, and
then do not show up. The Parks Department is trying to correct the situation. Lastly, he encouraged
citizens to attend the meeting on the "Government Center" on April 9 at 7:30 P.M. in the Bainbridge
Island Council Chambers.
John Law acknowledged the efforts of all those who participated in organizing the successful
Bremerton Centennial Dinner & Auction last Friday night at the Admiral Theater, particularly Charlene
Burnette, and thanked all those who attended. He also discussed the process for filling the vacant
District 6 Council member position, and announced that applications would be available in the Council
office, and accepted until next Wednesday, April 11, at 4:30 P.M.
Vice-President She_~herd invited David Farr to the podium, where he was presented with a plaque,
"In Recognition of his Significant Contribution to the City of Bremerton as City Council Member for
District #6 for 7 Years, and as Council President for 2 Years in 1997 & 1998".
On behalf of the Mayor, a proclamation was read to proclaim April 1, 2001 as the 129th anniversary
celebration of "ARBOR DAY" in the City of Bremerton, and all citizens were urged to celebrate Arbor
Day and to support our efforts to protect our trees and woodlands.
LEGISLATIVE REPORT
Stated it has been a pleasure working with Council member David Farr for the past 7 years, and that
his service to the City would be missed.
PUBLIC RECOGNITION
Helen Miller, on behalf of the Mayor, who was unable to attend the meeting due to an illness,
thanked David Farr for his contributions to the community during his service as Council member of
District #6 for the past 7 years.
H. Emily Moshay reported on the phenomenally successful "Dinner & Silent Auction" fundraising
event, which netted $29,000 for the City's Centennial Celebration. She also announced the
Bremerton Area Chamber of Commerce sponsored "2001 Hyas Tyee Award Dinner" at the Kitsap
Golf & Country Club on Thursday, April 12, beginning with a 6:00 P.M. social hour. She too thanked
David Fart for his dedicated service to the City, and his help to the community.
Anna Laurie stated it was four years ago that she met David Farr at a City Council meeting, and was
so impressed, she married him 8 months later!
Larry_ Dickerson expressed his deep respect for David Farr, and was sad to see him go.
Roy Mclnnis stated that due to the resignation of the previous pastor at Sinclair Missionary Baptist
Church in December, he announced that Rev. Melvin Day Hendricks, who is also serving as a
Chaplain at the Naval Hospital, would serve as the interim director until the position can be officially
filled. He too acknowledged David Farr for his service to the City.
TAPES #1761 & #1762
City Council Reg. Mtg. Minutes
April 4, 2001
Page 3 of 6
Patrick Romnaigh-Cooper, and other representatives of the Metropolis Art Gallery invited the
Council and the public to attend the "Church of Sodium Chloride Rival Revival' during the First Friday
Art Walk on April 6 beginning at 7:00 P.M.
9A -BID AWARD TO TAURMAN PACIFIC INC FOR TRACYTON WATER SYSTEM (#AB01-078):
Public Works & Utilities Director Gene Sampley reported that the Tracyton Water System Upgrade
Project is part of the improvements required to bring the Tracyton Water System into compliance with
Department of Health requirements. Tracyton Water District has retained the City to act as engineer
on the project through an Interlocal Agreement. The District will fund all work necessary for the
construction of these improvements to their system in accordance with the agreement. Bids for
construction of these improvements were opened on March 22, 2001. The Engineer's estimate was
$2,188,000. A total of 9 bids were received. Taurman Pacific, Inc. submitted the lowest bid of
$1,664,552, and Mid-Mountain Contractors submitted the second lowest bid of $1,793,372 (all bids
include applicable tax). The recommended action before the City Council is award of a contract with
Taurman Pacific, Inc. for construction of Tracyton Water System Upgrade Project, for $1,664,552,
and in the event that Taurman Pacific, Inc. does not enter into the contract, that the City Council
award a contract to Mid-Mountain Contractors for $1,793,372, for construction of the same project.
Darrel McDermott asked why the City was involved with this project. Mr. Sampley responded that
due to the Tracyton Water System not having staff to do the work, the City entered into an agreement
to provide assistance; and ultimately, the City will own the system.
#1740 M/S/C/U (Farr/Olsen) Move to award a contract for $1,664,552 including taxes to Taurman
Pacific Inc. for construction of Tracyton Water System Upgrade project, and in the event that
Taurman Pacific, Inc. does not enter into a contract, award a contract to Mid-Mountain Contractors,
the second lowest bidder, for $1,793,372 including taxes for the same project; and authorize the
Mayor to execute the same in accordance with City policies and procedures.
10A- ORDINANCE (FIRST READING) pROVIDING FOR ELECTED OFFICIALS' PERS
PARTICIPATION; AND PAYMENT BY CITY OF DISCRETIONARY CONTRIBUTIONS AND
INTEREST PAYMENTS ~_#AB01-079): Council President John Law pointed out that in 1994, the
State clarified elected officials' eligibility to elect membership in the Public Employee's Retirement
System (PERS). The City was also granted the discretion to make employer contribution and interest
payments for current elected officials for their current terms and any qualifying previous terms of
office. On May 21, 1997, the Council exercised its discretion as indicated in Agenda Bill 97-106. It is
now recommended that the City Council consider formalizing the 1997 action as an ordinance,
providing direction and clarity to City Staff in the implementation of the City Council's action.
Spencer Homing asked that he be allowed to now apply for PERS benefits for his three-terms as a
Council member because he had asked to join while he was still a Council member, but was told by
lan Sievers, then City Attorney, that Council members were not allowed to join because they were
part-time. He stated that he has since talked to Mr. Sievers, who admitted he had made a "mistake",
and that he had a right to join, but was denied that right because of the incorrect information. He did
not understand why current Council members were eligible, but he was not.
Bert Gegner asked if there was a policy in place that stated how far back a Council member could
still ask for benefits, and what amount of money would need to be budgeted. Mr. Shepherd clarified
that when Mr. Homing first brought his request before Council, these very questions were asked, they
are simply waiting for answers, and Mr. Horning's request has not been denied.
TAPES #1761 & #1762
City Council Reg. Mtg. Minutes
April 4, 2001
Page 4 of 6
Mr. McConnell pointed out that the City does not make the decision on whether or not a person can
join PERS, that is up to the Department of Retirement for the State of Washington. Mr. Horning
stated that was correct, and after contacting the department, he was informed that he was eligible,
and it was his understanding that the City was responsible for paying the City's portion of back dues
and interest. He voiced his concern that he approached the City 6-months ago, and has still not
received a response. Mr. McConnell referred to WAC 415-108-550, which spells out the criteria for
becoming a PERS member...a letter must be written to the department, and if accepted as a
member, it is the member who must agree to pay back the system -- the "Employer, at its discretion,
may pay their portion". He further asked if Mr. Horning could provide the City with a copy of the
response letter he received from the State. Mr. Homing stated that he could, along with letters from
the past Human Resources Director and City Attorney addressing his previous requests to join.
~ reiterated that when the Council was originally approached with this request,
additional information was requested, but to-date has not yet been received.
Mr. Olsen established that Special Counsel has diligently researched this issue, and will be bringing
back an amended ordinance that will include past Council members. He stressed that it was wrong to
blame this Council for the 6-month waiting period because they had asked some hard questions, and
had not yet received any answers. Mr. Homing reminded the Council that there was no way for him
to know what was coming next week.
Kathy McCluskey, Administrative Services Director, acknowledged this issue may have "fallen
between the cracks", but explained that letters were sent out to all past Council members to find out
who might be likely to join. She stated that not one other member showed any interest in joining.
#2590 M/S/C (Shepherd/Reed) Move to approve on first reading an ordinance, formalizing the City
Council 1997 determination to exercise its discretion to make employer contribution and interest
payments upon PERS membership of current Council Members, to the extent authorized by RCW
41.40.023 and WAC 415-108-550.
Voted in favor of motion: Shepherd, Esser, Reed, Olsen, McConnell, Rollman, and Law
Abstained: Farr
Motion carried: 7-Yes; 1-Abstention
1 lA - RESOLUTION NO. 2808, TO PARTNER WITH THE UNIVERSITY OF WASHINGTON SEA
GRANT PROGRAM TO DEMONSTRATE THE EFFECTS OF AN EARTHQUAKE/TSUNAMI ON
THE WATERS OF KITSAP COUNTY (#AB01-080): Fire Chief Al Duke stated that this resolution is
an invitation to partner with the Port of Bremerton, City of Port Orchard, and Kitsap County to
demonstrate the potential impacts of the effects of earthquake/tsunami hazards within Sinclair Inlet.
Once the hazard vulnerability is identified, mitigation or hazard reduction programs could be
developed.
Elizabeth Buell encouraged the City to be prepared for future natural disasters.
#2770 M/S/C/U (Reed/Olsen) Move to pass Resolution No. 2808.
44[2 DI-~FNI I ITIr'~ld Id/'~ ~'?' t~AI I Iklt~- ~0D (~_t~t~rl F~_rt%lr-DklAklt'~l- ,Aklrl c~/',W~'nlll Ikl('q,
CO'J.k.'C!L GOALS AND PR~OR!T!ES (#A-a0". -976): Item was pulled for one-week.
TAPES #1761 & #1762
City Council Reg. Mtg. Minutes
April 4, 2001
Page 5 of 6
12A - PUBLIC HEARING ON SOLID WASTE COLLECTION REQUEST FOR BIDS (#AB01-081):
Administrative Services Director Kathleen McCluskey reiterated that the City of Bremerton, through
its Solid Waste Advisory Committee, is in the process of developing a Request for Bids (RFB) for
Solid Waste Collection Services for a minimum period of 5 years, commencing January 1, 2002.
The members of the Solid Waste Advisory Committee are Lyle Nelson (representing residents) Steve
McDaniel (representing commercial businesses), Council members John Law and Wayne Olsen, and
City staff members Kathleen McCluskey (Administrative Services Director), Gene Sampley (Public
Works & Utilities Director), and David St. Pierre (Assistant City Attorney).
The purpose of this public hearing is to present Committee recommendations, and to take input from
Bremerton citizens regarding the terms and conditions for garbage, recycling, yard waste, and other
special waste collection services to be included in the RFB. Staff will consider the input in finalizing
the provisions of the RFB. It was noted that input would be taken from the public, and then passed
on to the Solid Waste Advisory Committee and the consultant. It is hoped that the contract would be
going out to bid in a few weeks.
TAPE #1762
H. Emily Moshay liked the changes to the proposed contract, but asked the Council to consider the
favorable service of the current provider, as well as their excellent contributions and participation in
many community events.
Darryl McDermott suggested service would be better if garbage cans were uniform in size, and
made available through the provider.
Bert Gegner expressed the specific concerns that landowners have with liens placed on their
properties from tenants that do not pay their garbage bills. Alex Olsen, President of Puget Rental
Owners Association, elaborated further on that issue, and also asked for a copy of the draft contract.
Spencer Horning suggested that Council look closely at the mandatory garbage service for
commercial property owners. He suggested that owners should only be accountable for 1-can
service or the equivalent, not for the amount decided on by the renter.
Ms. McCluskey addressed the mandatory garbage collection issue due to the high rental community
in the City, and the related problems when people stop paying. Because cutting-off service is not an
option, the collector would have to "eat the cost" of the bad debt, and would probably pass that cost
onto all of the citizens of Bremerton. The question then becomes, should the cost of the bad debt get
spread to all the citizens of Bremerton, or should the owner of the business or rental unit become
responsible? A system of notification is in place to notify property owners as soon as a problem is
discovered. Mr. Gegner established his belief that the person who "places the garbage out to be
collected" is the person who should be responsible to pay the bill, and that greater effort should be
made to see that they take care of their own bad debt, not the landlord or the commercial owner.
Dianna Rider related a story about a rental property she had just moved into that had a problem with
rats due to the large amount of garbage left from the previous renters, and hoped there was a way to
prevent a similar situation.
Roy Mclnnis noted that "who is responsible for the bad debt" has been a continuous debate for many
years, but believed that the property owner is the one who collects the rent, and therefore should hold
the responsibility.
7
TAPES #1761 & #1762
City Council Reg. Mtg. Minutes
April 4, 2001
Page 6 of 6
Larry Dicker$on pointed out the cost of garbage collection is usually reflected in the rent, and
supported the mandatory collection of garbage to prevent abatements and the related costs.
Terry_ Bickle, Brem-Air Disposal District Manager, stressed the reason many cities go for mandatory
garbage collection is to protect the citizens from uncollected garbage. He also addressed the issue of
liens, which he stated is used as a "last resort" because it is a very cumbersome, expensive process.
Elizabeth Buell commented that she received complaints after cleaning out her garage.
Mr. Reed understood the need for mandatory garbage collection, but asked if other options were
considered for mandatory recycling, such as monthly if pick-up was possible rather than bi-weekly.
Mr. Shepherd discussed how a community deals with its refuse is the difficult question.
Mr. Esser asked if there was a way for the landlord to use his discretion in requesting a business
owner or tenant to pay his or her own garbage service. He also asked if the effects of the mandatory
recycling could be lessened for citizens who utilize other ways of recycling.
Mr. Rollman commended the members of the Solid Waste Advisory Committee for their efforts.
President Law stated that in conclusion, the next Solid Waste Advisory Committee would be
rescheduled to Monday, April 9, 2001 at 2:00 P.M. in the Council Conference Room to discuss the
issues raised tonight, and reiterated that members of PROA were welcome to attend.
This was a public hearing to receive comments therefore no official action by the Council is required.
With no further business, meeting concluded at 7:55 P.M.
Prepared and Submitted by:
LORI SMITH, Legislative Assistant
Attest:
PAULA JOHNSTON, Deputy City Clerk
JOHN LAW, City Council President
City of Bremerton
JL/PJ/Is/cge
cc: Normal distribution File
AGENDA BILL
BREMERTON CITY COUNCIL
I. SUBJECT: FOR AGENDA OF: .'-7'~.¢¢~.~
ORIGINATING DEP%: CITer" COUNCIL
MINUTES OF MEETING-- APP, I L 11, 2001 ORIGINATOR: JOHN E. LAW, PRESIDENT
DATE SUBMI'FI-ED: APP,IL 17, 2001
-). CLEARANCES: (Comment on back if necessary) 3. EXHIBITS'
ENDORSEMENT l"1 INFORMATION ri APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
~AYOR COUNCIL PRESIDEN? .... . .,¢ _ ..¢ ~_.~
I. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
RECOMMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
::'ULLED ri TABLED [] APPROVED [] DISAPPROVED ri AMENDED 1'] DATE: 3 B
~OUNCIL DIRECTIVE:
11. AGENDA BILL NO.: O / - C' ~ .'~.,...
(OVER)
q
2. CLEARANCE COMMENTS:
4. SUMMARY STATEMENT (CONTINUED):
5. IMPACT OF NON-PASSAGE:
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
7. RESEARCH SOURCES:
TAPES #1763 & 1764 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
April 11,2001
The weekly 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, April 11, 2001, at 5:30 P.M.,
with Council President John Law presiding. Council members present were Jim Reed, Conrad Esser,
Carol Arends, Mike Shepherd, Ed Rollman, Cecil McConnell, and Wayne Olsen. Also present were
Deputy City Clerk Paula Johnston; Assistant City Attorney David St. Pierre; and Legislative Assistant
Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed
by the invocation given by Pastor Paul Meeker of Our Saviour's Lutheran Church.
President Law made the following announcements:
· A Pre-Council Session was held in the Conference Room to discuss general Council business.
· Council will hold a Study Session immediately following the meeting tonight for an "Introduction
to James Reid, the Facilitator".
· Council has three upcoming Study Sessions on April 18 to discuss "Utility Rates" and the "Parr
Auto Center Developmenf'; on April 23 to discuss the "Pay & Classification Study"; and April
25 to hear the City's "Drought Plan Review~'.
· The next Public Hearing regarding the proposed "Government Center" will be Monday, April 16
beginning with an open house at 6:30 P.M. and the meeting at 7:00 P.M.
· Agenda Item 10A "Second Reading of Ordinance No. 4762 Providing for Elected Officials' PERS
Participation" has been tabled for 2 weeks.
CONSENT AGENDA
A. Minutes of Meeting - March 21, 2001 (#AB01-082)
#0060 M/S/C/U (McConnell/Olsen) Move to approve Consent Agenda as presented.
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those
expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a
listing that had been made available to the Council.
#0085 M/S/C/U (Esser/McConnell) On April 11, 2001, the Council does approve for payment those
vouchers included and further described as follows: Checks 250892 through 250894, and 250935
through 251160 in the amount of $1,292,031.28.
COUNCIL MEMBER REPORTS
Ed RoIIman was pleased that the recent event in China has been resolved, with the American pilots
safely home. His family was particularly proud of the one pilot related to his children.
Mike Shepherd discussed the "phenomenal" performance by "Leon Redbone" at the Admiral
Theater; the importance of community Block Watch programs; and the latest update on "Mudgies",
the official candy for the Bremerton Centennial.
Carol Arends reported on an inspiring "trip of a lifetime" - which included stops in 11 States and the
Nation's Capitol. Highlights were visits to Philadelphia, Mount Vernon, all the national monuments in
Washington D.C, Arlington Cemetery, Williamsburg, City of Richmond, battlefields in Gettysburg, and
the Blue Ridge Mountains. She noted that many cities seem to face problems similar to our City.
TAPES #1763 & #1764
City Council Reg. Mtg. Minutes
April 11, 2001
Page 2 of 5
Conrad Esser also reported on his return from a recent trip, and was particularly happy to be living in
a rural community after what he witnessed in other East Coast cities. He reiterated information on
the Sinclair Inlet Clean-Up event that is taking place Saturday, April 21, from 11:00 A.M. to 2:00 P.M.
Jim Reed announced that he would be participating in a presentation on the "Proposed Elimination of
the B&O TalC' at the next District 3 meeting on Tuesday, April 17.
Jh_J~ added that the District #3 meeting would begin with a presentation on "Problems &
Solutions" by Don McDaniel, Manager of Corporate Relations from Puget Sound Energy beginning at
7:00 P.M. at the Senior Center located at 13th & Nipsic. He too enjoyed the "Leon Redbone" show at
the Admiral Theater, and encouraged the public to "check out" future events.
COUNCIL COMMITTEE REPORTS
Wayne Olsen - CenCom Policy Board ($8.5 million levy for a new building);
Ed Rollman - Historical Society (Armed Forces Day "Famous People of Bremerton" exhibit);
Mike Shepherd - Kitsap County Health Board (current and future efforts in dental care, and
preparedness for infectious disease) and Kitsap Transit Board (transit levy on ballot);
Carol Arend$ - Kitsap Regional Coordinating Council (KRCC) Transportation Policy Board; Puget
Sound Regional Council (PSRC) Transportation Policy Board (light rail, passenger ferries, the
interchange at Ollala/Budey & Hwy 16 intersection, and the General Assembly Meeting on May 24 to
adopt "Destination 2030" to address transportation plans);
Jim Reed - attended a Parks Commission meeting (issues of Kitsap Lake);
Cecil McConnell - Gold Mountain Golf Policy Board (the clubhouse construction is on schedule to
open in September); and
John Law - Solid Waste Committee (Public Hearing on Solid Waste contract, and a follow-up
meeting with representatives of the Puget Rental Operators Association to discuss their concerns
over collecting delinquent tenant accounts and the resulting liens placed on their properties; and the
proposed shift of City taxes to a $100, O00 Administrative fee to be included in the contract).
MAYOR'S REPORT
Mayor Horton thanked all those who participated to make the Armed Forces Queen Pageant
possible; and those who participated and made it possible to plant about 72 dogwood trees at N.A.D.
Park in honor of Arbor Day. She also enjoyed planting a tree at Kiwanis Play Field with the help of 3rd
graders from the Star of the Sea Catholic school; and the "Leon Redbone" concert at the Admiral
Theater. Lastly, she read the following proclamations:
· April 21, 2001 as "EARTH DAY", which was accepted by Don Larson;
· April 15- 21, 2001 as "NATIONAL COIN WEEIC, which was accepted by Chuck Swanson;
· April 14, 2001 as "AMERICAN PRISONER OF WAR & BATON DAY".
Mary_ McClure, Executive Director of the Kitsap Regional Coordinating Council (KRCC) provided a
presentation on the proposed KRCC Inter-Local Agreement, and the corresponding By-Laws. The
Inter-Local Agreement re-establishes KRCC.
LEGISLATIVE REPORT
It was announced that the deadline for submitting an application for the vacant position of District #6
Council member was earlier this evening at 5:00 P.M. It was noted that out of the 14 applications
handed out, 8 were returned. Those who returned applications were Joe Rogers, Klaus Golombeck,
TAPES #1763 & #1764
City Council Reg. Mtg. Minutes
April 11, 2001
Page 3 of 5
Rena Hoskinson, Eric Younger, Huber "Buck" King, John Chittenden, Terry Mosher, and Dianne
Robinson. The applicants will be contacted as soon as an interview schedule is prepared.
PUBLIC RECOGNITION
Don Larson encouraged the City to replace the current waterfront parking lots with City parks.
H. Emily Moshay thanked Mr. Larson for his persistence in encouraging the beautification of the
City; and reported the winners of the Armed Forces Queen Pageant.
9A - APPOINTMENT OF JOHN W. COCKBURN TO THE PLANNING COMMISSION (#AB01-083):
Mayor Horton announced that there is a vacancy on the Planning Commission. After discussing his
experience, including his present employment at Parr Auto Center, she recommended that John W.
Cockburn be appointed to fill the vacancy.
#2570 M/S/C/U (Arends/Reed) Move to confirm the appointment of John W. Cockburn to the
Planning Commission. Mr. Cockburn was present, and thanked the Council for their confirmation.
Mike Shepherd left the meeting at approximately 6:50 P.M.
9B - SOLE SOURCE PURCHASE OF FINE BUBBLE DIFFUSERS AND EQUIPMENT FROM THF
AEROSTRIP CORPORATION (#AB01-084): Wastewater Treatment Plant Manager Pat Coxon
stated that the Department of Public Works & Utilities seeks City Council approval to purchase panel
diffusers from Aerostrip Corporation as an upgrade to the Wastewater Treatment Plant's existing
aeration basin diffuser equipment in the amount of $72,925.26. This upgrade is needed for the
aeration basins due to the existing high power requirements and also the reduced oxygen transfer
capabilities associated with the existing course bubble diffusers. Aerostrip Corporation is the only
manufacturer of this type of panel diffuser. Their product meets our specific needs and will keep
construction costs down as existing equipment can be used in the upgrade installation. It is
estimated that this purchase can save as much as $50,000 over the life of the project. Pursuant to
BMC 2.76.600 (a) (4), the City is not required to seek competitive bids when the vendor constitutes a
sole or single source for the product.
There were no comments from the public.
#2785 MISICIU (Reed/Arends) Move to approve the sole-source purchase of diffuser equipment from
the Aerostrip Corporation at a cost of $72,925.26 and authorize the Mayor to execute the contract
subject to current City policies and procedures. Mike Shepherd was not available for this vote.
9C - SOLE SOURCE PURCHASE OF TVVO SLUICE GATES FROM WHITNEY EQUIPMENT TO
REPLACE THE EXISTING CORRODED GATES (#AB01-085): Wastewater Treatment Plant
Manager Pat Coxon paraphrased that the Department of Public Works & Utilities seeks City Council
approval for sole source purchase of two Plasti-Fab 42" by 60" FRP Heavy Duty Titeseal sluice gates
in the amount of $31,371.28. These will replace the existing corroded sluice gates, which are
inoperable. This purchase is necessary so that we can operate the process as designed. Plasti-Fab
is the only manufacturer of this large style of FRP gate, which is resistant to corrosion. In addition,
sole-source purchase will allow the use of already installed equipment with a potential savings of up
to $10,000 and they are compatible with supplies already on hand. Pursuant to BMC 2.76.600 (a)(4),
the City is not required to seek competitive bids when the vendor constitutes a sole or single source
for the product.
TAPES #1763 & #1764
City Council Reg. Mtg. Minutes
April 11, 2001
Page 4 of 5
There were no comments from the public.
#2905 MISlCIU (Arends/Reed) Move to approve the sole-source purchase of two Plasti-Fab 42" by
60" FRP Heavy Duty Titeseal sluice gates from Whitney Equipment, for a total cost of $31,371.28,
and authorize the Mayor to execute the contract subject to current City policies and procedures. Mike
Shepherd was not available for this vote.
Mike Shepherd returned to the meeting at approximately 6:53 P.M.
9D - MEMORANDUM OF UNDERSTANDING BETWEEN KITSAP COUNTY CONSOLIDATED
HOUSING AUTHORITY, PORT OF BREMERTON, AND THE CITY OF BREMERTON REGARDING
_POTENTIAL REDEVELOPMENT OF CERTAIN PARKING FACILITIES (#AB01-086):_This item was
brought to the City Council to provide for the determination of whether it is the public's best interest to
evaluate the acquisition of real property for possible parking facilities to promote redevelopment.
Mayor Lynn Horton summarized that this Memorandum of Understanding is entered into by and
between the Kitsap County Consolidated Housing Authority, the City of Bremerton, and the Port of
Bremerton. The parties agree to enter into discussions with one another regarding the potential
acquisitions and potential redevelopment of certain property that is part of the Bremer estate. The
discussions are expected to include evaluation of the potential acquisition of the property, potential
options for any redevelopment, and the sharing of responsibilities if all parties determine that the
project should ultimately proceed. The parties believe that the potential redevelopment is likely to be
in the best interests of the parties and the public. Dick Brandenber~_ of the Port of Bremerton; Norm
McLou_~hlin of the Kitsap County Consolidated Housing Authority; and Linda Neibank with the
Economic Development Council were here to provide their support of the project, and provide
updates on issues regarding the 10 initiatives for downtown redevelopment such as the formation of
an arts district, housing incentives, the Naval Museum & Park, parking strategies, the proposed
Government Center, the land-use code, and the Developer Agreement. This agreement tonight is to
show a strong unified direction to increase parking in the downtown area. Expectations are to return
to Council in the near future to discuss any specific properties considered for purchase, potential
funding sources, and information on programs that will help achieve the necessary additions to the
parking inventory in the downtown area.
TAPE #1764
Don LarsQn agreed that this project would take cooperation to succeed.
Mr. Reed requested any copies of handouts that were provided at the last public meeting on
downtown revitalization. Mayor Horton stated that she would provide this information to him as soon
as additional copies were available, as well as offered to provide a presentation at an upcoming
meeting so that the information could be also provided for the public. She further explained that once
general direction on a number of issues is ascertained, more finite details would be brought forward
to Council for approval. She clarified that no time-line was set, but all parties have agreed to work as
"quickly as they can". This Memorandum of Understanding is merely to promote redevelopment with
cooperation among the three entities. Mr. Rollman commended the Mayor and all others involved
for their efforts.
#0596 M/S/C/U (Shepherd/Olsen) Move to approve the Memorandum of Understanding between
Kitsap County Consolidated Housing Authority, the Port of Bremerton, and the City of Bremerton
regarding evaluation of the acquisition of real property to promote redevelopment, and authorize the
Mayor to execute the same.
TAPES #1763 & #1764
City Council Reg. Mtg. Minutes
April 11,2001
Page 5 of 5
4I~A __ ('tDI"tlKIAKll'~- kl/'t A~ I~kl~ DEA~IU~ DD~AII~IKI~ ~ ~1 ~T~ ~I~IAI ~
D=Oe DAOTICID~TI0~' ~.ND PAYMENT =v ~TV nc nlS~O=TI~MAOV ~n~lTOl=l ITI0~le ~.~D
IklT~O~T OAVaaCklT~ I~A~n4_n~o~. The first reading of the ordinance was heard at the April 4,
2001 Council Meeting; second reading has been tab/ed for 2-weeks until April 25, 2001.
Mike Shepherd le~ the meeting at approximately 7:27 P.M.
11A - RESOLUTION NO, 2807. CALLING FOR GOOD GOVERNANCE, AND SCHEDULING
COUNCIL GOAL AND PRIOR~ DETERMINATIONS (~AB01-076): Council Member Ed Rollman
reiterated that the resolution calls for an end to all discord and accusato~ conduct within City
government; seeks expedient movement towards facilitation with the Mayor; and schedules the
Council's determination of the Ciys goals and priorities for 2001 for submittal to and implementation
by the Mayor. It was noted that the last sentence of the preamble paragraph was deleted; as well as
the last sentence on item fi2
There were no comments from the public.
~0676 M/S/C/U (McConnell/Olsen) Move to pass Resolution No. 2807. Mike Shepherd was not
available for this vote.
With no fu~her business, meeting concluded at 7:30 P.M.
Prepared and Submitted by:
LORI SMITH, Legislative Assistant
Attest:
PAULA JOHNSTON, Deputy City Clerk
JOHN LAW, City Council President
City of Bremerton
JL/PJ/Is/cge
c: Normal Distribution
File
15
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: 5/2/01
1. BKAT Funding Agreement with ORIGINATING DEPT: Admin. Srvs.
Kitsap County ORIGINATOR: K. McCluske¥
2. BKAT Governmental Services DATE SUBMITTED: 4/20/01
Agreement with Kitsap County
2. CLEARANCES: (comment on back 3. EXHIBITS:
~ i necessary)
~o~Y %~~ Agreements
Fiscal & ~ge~ ~_/,/~4_,
Operations
ENDORSEMENT INFORMATION APPROVED BY COUNCIL PR~ID~NT FOR SU~B~ITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City of Bremerton manages Bremerton Kitsap Access Television (BKAT)
and contracts with the county to provide those services. We first entered
into this partnership in February 1998.
1) The Funding Agreement increases the amount of pass through dollars
from the county cable company to the City for AT&T from .21 cents per
customer to .23 cents per customer. Charter remains at .21 cents.
The Term of the agreement is extended three years to 12/31/03. The
insurance clause has been clarified with the consent of both the
county and city Risk Managers.
2) The Governmental Services Agreement has been extended to 12/31/02 and
rates have been increased and established for the three year period.
8. RECOMMENDATION:
1. Motion to approve Funding Agreement with Kitsap County.
2. Motion to approve Governmental Services Agreement
9. RESPONSIBLE OFFICIAL:Admin. Srv.
ENFORCEMENT OFFICIAL: Admin. Srv.
EXPIRATION DATE:12/31/03
REVIEW DATE: Annual
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED ~D
COUNCIL DIRECTIVE: DATE:
11. A ENDA ILL o 'S
2. CLEARANCE COMMENTS (cont.) :
4. SUMMARY STATEMENT (cont.) :
5. IMPACT ON NON-PASSAGE:
Insufficient funding for BKAT and loss of county program~.ing
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES
$113,000 revenue to BKAT program from county
7. RESEARCH SOURCES:
AMENDMENT TO FUNDING AGREEMENT BETWEEN
CITY OF BREMERTON AND KITSAP COUNTY
KC-490-98B
(Bremerton Kitsap Access Television)
This Amendment to Agreement is by and between the City of Bremerton (hereinafter
"City") and Kitsap County (hereina~er "County), who agree as follows:
WITNESSETH:
WHEREAS, the parties entered into a Funding Agreement dated February 23, 1998, for
the cablecast and management of public, educational and government access channel(s).
WHEREAS, the parties mutually wish to amend the agreement.
NOW THEREFORE, in consideration of the mutual covenants hereinafter stated, the
parties hereto agree as follows:
Section 1.
Section 12 Funding, is amended to read:
County shall pay to the City the amount County receives from the cable companies (currently
$.23 - A T & T and $.21 - Charter Communications per customer per month) quarterly. The
remainder of the paragraph shall remain unchanged.
Section 2.
Section 13 Term of Agreement, is amended to read:
The agreement shall be for a three (3) year period commencing January 1, 2001 and terminating
December 31, 2003. The Agreement may be extended for additional two-year terms upon
approval of both parties.
Section 3.
Section 16 Indemnification, is amended to read:
Section 16. Insurance and indemnification. The City shall maintain Commercial General
Liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and
Two Million Dollars ($2,000,000.00) aggregate. Evidence of such insurance shall consist of a
completed copy of the certificate of insurance, signed by the insurance agent for the City and
forwarded to Kitsap County Risk Management. If for any reason, any material change occurs in
the coverage during the course of this contract, such changes shall not become effective until 45
days after the county has received written notice of such changes.
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The City shall provide first party property insurance or shall self-insure all equipment and
inventory owned or leased by the City.
The County shall provide first party property insurance on the building at 7266 Tibardis Rd.
NW, Bremerton, Washington and all equipment and inventory owned by the County.
The City of Bremerton and Kitsap County shall each indemnify, defend, and hold the other
harmless from and against any and all claims, suits, actions, causes of action, losses, damage, or
liabilities arising or resulting from any alleged negligent or intentional acts or omissions arising
out of the performance or non performance of their respective responsibilities as set out in this
contract.
Section 4.
Entire Agreement:
All references to "Falcon Video Communications, L.P". (Falcon) shall be changed to read
"Charter Communications Holding Company, LLC." (Charter). All references to "TCI
Cablevision of Washington, Inc." (TCI) shall be changed to read "AT&T Corporation" (AT&T).
Section 5.
All other terms and conditions of the February 23, 1998 Funding Agreement shall remain in full
force and effect unless inconsistent with this Amendment to Agreement.
Dated this __ day of ,2001.
CITY OF BREMERTON BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY WASHINGTON
BY:
Chris Endresen, Chair
APPROVED AS TO FORM:
Jan Angel, Commissioner
Assistant City Attorney
Tim Botkin, Commissioner
2 of 3
DEPARTMENTAL APPROVAL APPROVED AS TO FORM:
Kathleen L. McCluskey
Administrative Services Director Deputy Prosecuting Attorney
ATTEST:
Holly Anderson, Clerk of the Board
G:\DAS\DATA\Wordfiles\Contracts\lnfo Svcs & Purch~BKAT Funding Agreement 491-98B.doc
3 of 3
GOVERNMENTAL SERVICES AGREEMENT
KC-165-01
This Agreement is made by and between Kitsap County (County) and the City of
Bremerton (City), who agree as follows:
Section 1. Scope of Services. In exchange for funding provided by Kitsap
County to City of Bremerton pursuant to this Agreement, City of Bremerton shall
operate and manage through Bremerton Kitsap Access Television (BKAT) the
governmental programming services for the County including but not limited to video
production and program scheduling.
Governmental programming may include, but not be limited to the following monthly
programming:
1. County Commissioner Hearings
2. Hearing Examiner
3. Planning Commission
4. Inside Kitsap (news program)
5. Other programming as requested
City shall provide, technical support, consultation; pre-production and post-production
services; properly trained staff and volunteers including videographer for field
assignments; proceeding/event tape duplication and delivery no later than the 2®
business day following completion of project to program sponsor; and coordinate
programming hours and studio time. BKAT will work with the County to establish
playback slots for programs produced under this agreement. Once scheduled, program
slots shall not be moved, altered or deleted without consent of the County. The content
1 of 5
of County produced programming shall be controlled by County. All regularly
scheduled programming shall be replayed a minimum of one additional time. Advance
notice of seven (7) days shall be required for the production of regularly scheduled
meetings held at off site locations in Kitsap County. County shall purchase and store all
tapes related to county originated programming.
For the production of "Other Programming" as requested, Section 1(5), above,
the County shall give seven (7) working days notice. All requests shall be made by
designated county representative by phone, fax or e-mail directly to the BKAT office.
The City, through Bremerton Kitsap Access Television, will respond to the requestor
within one (1) working day that they can or cannot schedule production of the request.
The City agrees that conflicting requests on the same day for production services
which are submitted with less than seven (7) days notice shall be satisfied on a first
come, first serve basis unless other arrangements are made.
Section 2. Funding. City shall receive funding in exchange for delivery of the
services delineated in Section One of this Agreement. County shall make funds
available to City as follows:
The County shall be billed at the current rate card level (see attachment
"A") for services and equipment provided under Section One. Proposed changes to the
rate card during the term of this agreement shall be negotiated and mutually agreed to
by the parties. BKAT invoices will be detailed to pre-production, event production, and
post-production services by event type and date. Except for tapes covered in Section
One, BKAT will cover all other expenses associated with the various production
activities, unless otherwise agreed upon. The County will not cover employee or
2of5
volunteer travel time to production sites. County shall make monthly payments to City
following receipt of invoice payable within twenty (20) days of receipt.
Section 3. Term of Agreement. The term of this Agreement shall be for a
three year period commencing on January 1,2001 and ending on December 31, 2003.
Section 4. Hold Harmless. The City of Bremerton and Kitsap County shall
each indemnify, defend, and hold the other harmless from and against any and all
claims, suits, actions, causes of action, losses, damage, or liabilities arising or resulting
from any alleged negligent or intentional acts or omissions arising out of the
performance or non performance of their respective responsibilities as set out in this
contract.
Section 5. Termination.
A. This Agreement may be terminated by either party without cause upon giving
one hundred twenty (120) days written notice.
Section 6. Non-discrimination in Employment and Service.
A. City shall not discriminate against any person, employee or applicant for
employment or subcontractor on the basis of race, color, creed, religion, sex, marital
status, ancestry, national origin or physical or mental handicap.
B. City shall not discriminate in the delivery of services on the basis of race,
color, creed, religion, sex, marital status, an ancestry, national origin or physical or
mental handicap.
C. City shall comply with Americans with Disabilities Act (ADA) requirements.
3of5
IN WITNESS WHEREOF, the parties have executed this Agreement on the
day of ,2001.
CITY OF BREMERTON BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
Lynn Horton, Mayor Chris Endresen, Chair
Approved as to form:
Jan Angel, Commissioner
Assistant City Attorney
Tim Botkin, Commissioner
Departmental Approval:
Approved as to form:
Kathleen L. McCluskey
Administrative Services Director Deputy Prosecuting Attorney
ATTEST:
Holly Anderson, Clerk of the Board
G:\DAS\DATA\Wordflles\Contracts\lnfo Svcs & Purch\BKAT Gov Srvs 2001 .doc
4of5
ATTACHMENT A
BKAT RATE CARD
2001,2002 & 2003 Rates
2001 2002 2003
Pre-production Equipment Consultation, per hour $55.00 $56.6," $58.35
Program Development, per hour $55.00 $56.65 $58.35
Research, per hour $55.00 $56.65 $58.35
Location Survey, per hour $55.00 $56.65 $58.35
Scripting, per hour $55.00 $56.65 $58.35
Graphics Development, per hour $55.00 $56.65 $58.35
Equipment Transport ~emote Van transport to/from site, per hour $25.00 $25.75 $26.52
.~tudio Suitcase transport to/from site, per hour $25.00 $25.75 $26.52
Producition * Crew Set-up, per hour $55.00 $56.65 $58.35
Crew: Production, per hour $55.00 $56.65 $58.35
Crew: Breakdown, per hour $55.00 $56.65 $58.35
· minimum 2 hours for any productions
Post Production Editing, per hour $55.0(3 $56.65 $58.35
Voice Over, per hour $55.0C $56.65 $58.35
Audio Sweetening, per hour $55.0(; $56.65 $58.35
Miscellaneous Training, per hour $55.00 $56.65 $58.35
Equipment Installation, per hour $55.00 $56.65 $58.35
Equipment Troubleshooting and Repair, per hour $55.00 $56.65 $58.35
Tape Duplication (max. 120 minutes), each $30.00 $30.96 $31.83
Video Tape** Labels $1.00 $1.03 $1.06
· * Labels: No charge for program Masters
5of5
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Kitsap Regional Coordinating FOR AGENDA: May 2, 2001
Council (KRCC) Revenue Sharing Principles ORIGINATING DEPT: City Council
Agreement ORIGINATOR: Wayne Olsen, Council Member
DATE SUBMITTED: April 25, 2001
2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
Heard at Committees 4/25/01 KRCC Revenue Sharing Principles Agreement
OPERATIONS COMMITTEE
Heard at Committee 4/25/01
FISCAL & BUDGET COMMITTEE
ENDORSEMENT ~ INFORMATION [---] APPROVED FOR SUBMITTAL BY
4. SUMMARy STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Mary McClure, Executive Director of the Kitsap Regional Coordinating Council (KRCC) provided the Council
with a presentation covering the proposed Revenue Sharing Agreement with Kitsap County at the City Council
Committee meeting on April 25, 2001. Council action tonight is approval of the Revenue Sharing Agreement,
and authorizing the Mayor to sign.
5. RECOMMENDATION:
Move to approve the attached Revenue Sharing Agreement, and authorize the Mayor to sign.
6. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
7. NOTICE OF ACTION:
PULLED ~-~ TABLED ['~ APPROVED [] DISAPPROVED [] AMENDED [] DATE:
COUNCIL DIRECTIVE:
8. AGENDA BILL NO.: O/-- ~ ~
9. IMPACT OF NON-PASSAGE:
City of Bremerton will lose revenue from businesses moving out of the City.
10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
Mayor and two Council members attending Revenue Sharing meetings, and otherwise participating.
11. RESEARCH SOURCES:
KITSAP REGIONAL
COORDINATING COUNCIL
OVERVIEW: PRINCIPLES OF AGREEMENT FOR
REVENUE SHARING IN ANNEXATIONS AND MAJOR LAND USE DECISIONS
Kitsap Regional Coordinating Council and its member jurisdictions acknowledge that the Cities and
Kitsap County have come together and worked diligently and constructively on revenue sharing
issues that have been adversarial in the past. The goal is a balanced set of revenue sharing
provisions that benefit both the County and the Cities and suppod the orderly evolution of logical
land use patterns and jurisdictional boundaries.
This effort has resulted in the enclosed Principles of Agreement for Revenue Sharing in
Annexations and Major Land Use Decisions.
1. The agreement would apply to all Kitsap Cities and Kitsap County and would begin upon
adoption of the interlocal agreement implementing revenue sharing.
2. KRCC and member jurisdictions recognize that the fiscal implications of this agreement, in light
of future and unpredictable development trends, may be different than now anticipated. KRCC
and member jurisdictions shall review this revenue sharing agreement within two years after
adoption and then every five years thereafter. During the interim, any City or the County may
request immediate re-evaluation of the agreement by the KRCC Revenue Sharing Policy
Committee; if this mandatory appeal process fails to yield a satisfactory resolution, any party
may withdraw from the Revenue Sharing Agreement.
3. As input to review of this agreement, KRCC in collaboration with the County and Cities shall
track and annually report on all activity relating to this agreement, including:
· annexation actions, major land use actions as defined by this agreement, and revenue
sharing.
· actual sales tax revenue generated by any mini malls that are built in the Cities or in Urban
Growth Areas.
MARY MCCLURE~ EXECUTIVE DIRECTOR
25406 SOUTH KINGSTON ROAD, KINGSTON WA 98346 (360) 377-4900 FAX: (360) 297-7762
WWW. KITSAPREGIONALCOU NCIL.ORG
KITSAP REGIONAL
COORDINATING COUNCIL
PART 1' ANNEXATIONS
The intent of the annexation revenue sharing agreement is to provide a framework for logical and
orderly annexations that are consistent with GMA and to mitigate the fiscal impact to the County of
future annexations. The agreement shall provide for the following:
1. Recognizing that annexation requires approval of property owners or voters within the annexing
area, each City confirms its willingness to eventually annex all land within its designated Urban
Growth Area boundary.
2. Each City shall encourage annexation of all lands equally, and will support logical and
coordinated annexations consistent with the intent of GMA.
3. The County and Cities will address coordinated development in the Urban Growth Areas, as
part of the 2001 KRCC Work Program, including infrastructure standards and funding. Prior to
constructing major infrastructure improvements in a City's designated Urban Growth Area, the
County and City will negotiate an interlocal agreement specifying the level of reimbursement to
the County for a portion of its investment, should the area be annexed within a specified period
of time.
4_. It is anticipated that each specific annexation action will require the negotiation of other issues
particular to its time, place, and geography. The Cities and the County commit to completing
these negotiations in a timely manner.
5. As part of this agreement, the County will not oppose annexations within that City's designated
Urban Growth Area, nor invite the Boundary Review Board to invoke jurisdiction.
The Cities agree to share revenue from all annexations as follows:
1. Revenue sharing payments for lost revenue will be based on actual County collections within
the annexation area during the calendar year preceding the annexation, from the following
sources:
· Sales tax (city portion of local sales tax)
· Road levy
· Admissions tax
2. The amount of the payment will be based on a three year "soft landing" approach whereby the
Year 1 payment will be 75% of lost revenue (as defined above), the Year 2 payment will be 50%
of lost revenue and the Year 3 payment will be 25% of lost revenue.
MARY MCCLURE~ EXECUTIVE DIRECTOR
25406 SOUTH KINGSTON ROAD, KINGSTON WA 98346 (360) 377-4900 FAX: (360) 297-7762
Www. KITSAPREGIONALCOU N CIL.ORG
KITSAP REGIONAL
COORDINATING COUNCIL
Part 2: NEW CONSTRUCTION, INTENSIFICATION, OR RELOCATION OF EXISTING
BUSINESSES WITHIN THE URBAN GROWTH AREAS
The intent of the major land use revenue sharing agreement is to recognize the fact that retail
development near jurisdictional boundaries does have an impact on neighboring jurisdictions. In
particular, there are impacts to existing businesses and on the demand for public services and facilities.
This agreement is designed to mitigate these impacts by sharing sales tax revenues from the new
development or relocation of existing businesses with the affected neighboring jurisdiction. This
agreement applies to major land use decisions within Cities' designated Urban Growth Areas.
For the purposes of this agreement, a major land use decision is defined as any new development that
houses any single retail tenant greater than 40,000 square feet or retail business greater than 25,000
square feet that is relocated from the City to its designated Urban Growth Area. New or relocated
automobile, truck, recreational vehicle, manufactured or mobile home, and boat dealerships are
automatically included regardless of the size of the building permitted.
Revenue sharing will begin in the first full year after occupancy of the development or relocation.
Revenue sharing will only apply with respect to sales tax revenues generated from the new or relocated
retail tenant(s). Recognizing the confidentiality limitations of using actual sales tax collections from the
new or relocated development, the revenue sharing payment will be based on estimated sales tax
revenues using industry standards for taxable retail sales-per-square-foot for a range of retail business
types.
The revenue sharing payment will vary according to whether the new development will house a
relocating major business. The payment will be calculated according to the following formulas and will
be made from Kitsap County to the affected neighboring City:
1. For a relocation of a major retail business within Kitsap County, the amount of the payment will
be based on the same 75%-50%-25%, three-year "soft landing" approach used in the case of
annexations.
2. For new development that houses any single retail tenant greater than 40,000 square feet, the
amount of the payment will be based on 50%-50%-50% of the estimated sales tax revenues for
three years after occupancy.
MARY MCCLURE~ EXECUTIVE DIRECTOR
25406 SOUTH KINGSTON ROAD, KINGSTON WA 98346 (360) 377-4900 FAX: (360) 297-7762
Www. KITSAPREGIONALCOUNCIL.ORG