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HomeMy WebLinkAbout11/07/01 AGENDA~OF CITY COUNCIL MEETING AGENDA NOVEMBER 7, 2001 1. PRE-COUNCIL STUDY SESSION: 4:45 - 5:30 P.M. A. 15-minute Executive Session to "REVIEW LABOR NEGOTIATIONS" B. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. Minutes of Meeting - October 30, 2001 (#AB01-253) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS and COUNCIL COMMITTEE REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - (Comments limited to 3-minutes) 8. NEW BUSINESS A. Professional Services Agreement with Parametrix, Inc. for Evergreen Park Phase ];]' Construction Management and Contract Administration (#AB01-254) B. Bid Award to Buckley Recycling Center, Inc. for the Sesko Property Nuisance Abatement ! Project located at 3536 Arsenal Way and 1701 Pennsylvania Avenue; and associated / Budget Adjustment No. 2001-20 (#AB01-255) C. Professional Services Agreement between Parametrix, Inc. and the City of Bremerton for i Construction Management Services for the Sesko Property Nuisance Abatement Project located at 3536 Arsenal Way and 1701 Pennsylvania Avenue (#AB01-256) 9. PUBLIC HEARINGS & ORDINANCES A. Ordinance No. 4779 (Second Reading) Amending Chapter 2.18 of the Bremerton ") ! Municipal Code regarding the Audit Committee and Internal Auditor (#AB01-246) B. Ordinance No. 4780 (Second Reading) Amending Chapter 6.32.110 of the Bremerton Municipal Code regarding Public Disturbance Noises (#AB01-252) C. Public Hearing on Revenue Sources for the 2002 Budget (#AB01-257) D. Ordinance (First Reading) Levying Property Taxes for Collection in 2002 (#AB01-258) L~ ( j~[\£[.'~i( Ordinance (First Reading) Preserving Authority to Levy PropertY(#AB01_259)Taxes at Rate in Excess LiI. of the Rate of Inflation for Possible Use in Future Years 10. ADJOURNMENT OF MEETING A STUDY SESSION WILL BE HELD IMMEDIATELY FOLLOWING THE REGULAR COUNCIL MEETING FOR AN "UPDATE ON THE SR303 CORRIDOR PROJECT" WITH OFFICIALS FROM THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (WSDOT) - PLEASE NOTE THAT THIS MEETING WILL BE TELEVISED... A SECOND STUDY SESSION WILL BE HELD IN THE COUNCIL CONFERENCE ROOM TO DISCUSS THE "CHESTER MANOR PURCHASE WITH HOME FUNDS" Natacha Sesko 3536 Arsenal Way Bremer~on, Washington 98312 Home Phone (360) 377-0697 November 06, 2001 Bremerton City Council 239 Fourth Street Bremerton, Washington 98337 Re: Sesko Property Bid Awards Dear Members of the Council: Please do not grant the bid awards as asked by the present City Administration. There are a number of good reasons why I ask this and you should refrain. The first reason is financial. Any mm-benefit analysis of this proposed action will demonstate clearly that it should never happen. An estimated $229,000 will be spent by the City to clear two Industrial areas of the City; one on Arsenal Way and one on Pennsylvania Avenue. The proponents will argue that this is of no concern because this cost will be ultimately bom by the Seskos. While it is tree that this is the most likely outcome, it is not a complete answer. $229,000 is only part of the cost; any value that exists in the property taken from the Seskos will be lost, and ff it is necessary to foreclose a lien in an attempt to collect from the Seskos, a forced sale most likely will result in a price less than eighty percent of fair market value. And while the City has prevailed so far in court, there remains a possibility that a federal judge or other court could place all or part of the burden back on the City. Regardless of who might ultimately pay the most, it is way too much loss for the small benefit proposed. As Councilpemons, you should be as careful in spending our money as you would your own or the City's. And no one else in city government has demonstrated the slightest concern for the ~nable cost of this project, or given the least attention to cheaper alternatives. This has become nothing more than a personal vendetta carded on without any concern for public policy or community benefit. A second is that you, the City Council, have been systematically excluded from the decision malting in this case for years. A city 'administrator denied an appeal by us to you many years ago, and his department raised repeated roadblocks to creative solutions proposed by my husband. Then nothing happened, we were thwarted at every mm and the City did nothing, again for years. The City suddenly filed suit without consultation using outside legal counsel. Efforts to propose reasonable programs to alleviate the situation have been repeatedly rebuffed, sometimes objected to as too slow (This despite the City's footdragging for years). Only now, and only because of the amount involved, is this matter before you. Do not be stampeded. My husband and I are very willing to work for a solution that secures the benefits without the excessive cost of this present administration proposal. Sincerely, L ..... Natacha Sesk World Products 3536 Arsenal Way, Bremerton, WA 98312 Ph:360-377-0697 Fax360-479-0742 November 7, 2001 Bremerton City Council 239 Fourth Street Bremerton, WA 98337 Re: Sesko Property Bid Awards Dear Members of the Council: Judge Haberly whose court retains jurisdiction over the Arsenal Way Parcel, has proposed appointing a Special Master. I would certainly be willing to see someone selected who could protect the City's legitimate concerns and authorize proper business uses for our industrial park properties. The next court date is Nov, 16th 2001. Whether we have a Special Master, or the Council takes control of this mater more directly, there are any number of viable ways to proceed without the wasteful expenditures and damage the present proposal contemplates. With reference to an appeal of planning commission decision dated Nov 7th, 95 flom a cease and decease Order dated February 2nd 95, the form clearly states appeals will be scheduled as soon as possible before city council. More than 2 years from his first order on February 11th, 97. the director of Community Development said we can't appeal to City Council and must vacate our residence in 14 days. Letters dated February 97 on Arsenal Way and Pennsylvania Avenue and notice to vacate were appealed February 25th, 97 and never scheduled which should have been done as soon as possible. The zoning code prevents further action by city until appeals are heard? But community development went to superior court. Now the superior court said we could only have things for residential use on our five acres Industrial Park. The court of appeals said" The orders for injunctive relief do not prevent uses for Business purposes: They only require the removal of Junk on the sites." The Bremerton Police have certified many of my vehicles as junk that are definitely not. This doesn't promote furore business in Bremerton if you approve this large expenditure with no clear guidelines for acceptable use of our commercial property. We have a current City Business Licensee since July 9, 91 when we annex into the city, for product development, sales, storage parking and dance pavilion use. Maybe we could follow Judge Haberly's suggestion to have a Special Master appointed and save lots of time and money. Please proponed this bid award until after our Nov 16th court date. Sincerely, William Sesko F~eat ma~ CITY OF:!I.R~~N ~.L.# ~ ~ppli~ion ~e BUSINESS LIC 'E PLICATION Firm Name: Wo~ ~o ~/~ ~~ ~ ~pll~nt: ~/~ ~/~ ~ ~, ~~ o Mdre~: ~ ~ ~ ~ ~ ~ ~ C ~ ~ ~dress: ~ ~ Ci~/S~t8: ~~ ~o~, ~ ~ ~v~ Ci~/S~te: T~ Returns To Be Mail~ To: ~/~/~ ~ ~, Mo. ID~/YearB~ine~Sta~: ~ ~x ~ Bus. PhoneNo. ~- ~ ~ StateT~No: ~ ~o Nature of Busin~: ~~ ~= ~ ~~ o~~ ~ ~4~ ~z~= ~ ~/~ Type of ~nemhip: Sole ~ner~ ~emhip~ Co~ora~n~ Contractor Liceose No: ~ ~_{~~ ~~ ,, ;ubsidi4 U~ ~ren, Firm Name/Phone No: ~~~~ . Will ~u be re~eling/atedng an ~isUng building Mr ~ur bucne~ Yes~ No~ Square ~oage ~ If ~u ~n/opem~ ~nding, amusement or gambling d~c~, list number and kind: Do ~u sell or consign ~nd h~d merchandise Yes~ No~ Vending:~ Juke Box:~ P~I Tables:~ Vid~ Games: Card Games:.~ Bingo: Pull Tabs:~ Punchboards:.~ Number of Empires HOME OCCUPATIONS ONLY (If not, go to PERSONAL DATA Section) Do ~u operate Bis business out of ~ur home Yes~ No~ If so, ~11 a~ pemon be emplo~d at the home other ~ a ~mily membe¢ Yes~ No~ Will all equipment associated with ~ur business be kept within ~ur house/garage/ou~uilding¢ Yes~ No~ Will a~ sales be made on ~e premises (other than goods which are manufactured, processed or assembled on the premises)? Y~ No~ I h~e mad and ag~ to abide ~ the Home Occupation O~inance No. 3412. Yes~ No~ Not ApplE~le~ PERSONAL DATA SE~ION: REQUIRED OF ALL APPLI~NTS (FOR CORPORATIONS: An Officer or Manager Must AI~ Complete This ~tion) PERSONAL DATA: ~er Names Used: ~/~ ~ Bi~date:~/~ ]P Ho~Phone:.~ Bi~hplace: ~/~ ~ ~ /z4 Ddwr's Lic. No: ~-~o~J~/¢~ S~. Sec. No: ~]~ ~¢ ~dre~es for ~st 5 Yearn: ~ ~ ~J'¢~ ~ ~ ~ ~monal Reference:. ~ ~¢ ~ ~~-~ ~~ Phone: The undemign~ hereby ce~fies Bat Be information gi~n on this application is true and correct, to Be best of his/her ~ledge. Print Full Name: ~/Z ~ /~ ~ ~, ~~ Date: ~ ~ 4 ~ ~. ~ / Signatu.: ~~ ~ ~ OFHCE USE ONL~ Oepa~ment RemS: ~: Zoning C,~aUon:Date:~--____ ~ITE -- B~ U~NSE ~$10NIC~ C~RK ~ -- P~NNINOIBUI~ING PINK -- RRE ~N~ -- ~ .~ CITY OF ~~~ APPEAL OF ADMIMISTRATIVE DECISION FEB 2 5 APP~ OF: I~/~ Z /~ ~ J ~ ~-~ o Appellant BUILDING DEPAR~E~~ ~ ~~-'~/~ Please provide a brief statement regarding your legal interest in the action being appealed. Use additional pages if necessary. Please provide a brief statement of the specific order or action protested, together with material facts claimed to support your contentions. Use additional pages if necessary. Please provide a brief statement of the relief sought and the reasons why the Administrative Decision action should b e reversed, modified or otherwise set aside. Use additional pages if necessary. /= ~ ~ ~x~- ~ ~,~ ~ ~ / ~,~- ~/~/j / c.f, ~ .~ Appellant's Signature FEE: $37.00 (Due with Letter of Appeal) . Appeals will be scheduled to be heard before the Bremerton Planning Commission as. soon as possible, allowing for adequate preparation and notice. You will receive written notification of the Commission hearing date mailed to your address given above. The Planning Commission decision is the final legislative decision. .~ CITY OF BPJ~E~TON ~~E APPEAL OF ADMINISTRATIVE DECISION FEB 2 5 APPEAL OF: I~//~ Z /~ ~ J _~' _~-_~-~ O Appellant BRSMSRION(Y°ur .a..) (Your Mailing Address) (Telephone N~r) Please provide a ~rief statement regarding your legal interest in the action being appealed. Use additional pages if necessary. Please provide a brief statement of the specific order or action protested, together with material facts claimed to support your contentions. Use additional pages if necessary. Please provide a brief statement of the relief sought and the reasons why the Administrative Decision action should be reversed, modified or otherwise set aside. Use additional pages if necessary. /=~ ~- ~_-.~ ~ r,~.~ T/~/~ ~ ~'r. ~ ~ Appellant's Signature FEE~$37.00 (Due with Letter of Appeal) Appeals will be scheduled to be heard before the Bremerton Planning Co~ission as soon as possible, allowing for adequate preparation and notice. You will receive written notification of ~he Commission hearing date mailed to your address given above. The Planning Commission decision is the final legislative decision. ~ ~ CITY OF BREMERTON ~~~ APPEAL OF ADMIMISTRATIVE DECISION F E8 2 5 APPEAL OF: 1~/// Z /~ ~ J ~- _~--_~ o Appellant 8RSMSRION(y°ur am.) BUILDING DEPARTMEN~ K ~ ~"~ ~ ~ ~ ITEM BEING APPEALED: Please provide a brief statement regarding your legal interest in the action being appealed. Use additional pages if necessary. Please provide a brief statement of the specific order or action protested, together with material facts claimed to support your contentions. Use additional pages if necessary. Please provide a brief statement of the relief sought and the reasons why the Administrative Decision action should be reversed, modified or otherwise set aside. Use additional pages if necessary. /= ~ ~ ~ ~ ~-~ ~ ~ ~ ~'=- ~/~/~ ~ c~- ~ -~ Appellant's Signature F~:$37.00 (Due with Letter of Appeal) . Appeals will bescheduled to be heard before the Bremerton Planning Commission as soon as possible, allowing for adequate preparation and notice. You will receive written notification of the Commission hearing date mailed to your address given above. The .Planning Commission decision is the final legislative decision. AHMET CHABUK ATTORNEY AT LAW 11663 IVY LANE SILVERDALE, WA 98383 (360) 692-0854 achabuk~msn.com December 15, 2000 Mr. David B. St Pierre Assistant City Attorney 239 4~ Street Bremerton, Wa 98337 Re: City of Bremerton v. William and Natacha Sesko Kitsap County Superior Court Cause No: 97 2 01748 5 and No: 97 2 01749 3 Dear Mr. St Pierre: As a follow-up to my telephone conversation with you two days ago, Mr. and Mrs. Sesko propose to cleanup the subject "Arsenal Way" and "Pennsylvania Avenue" properties and comply with the subject court orders as follows: 1. On January 2, 2001, the Seskos shall start to clean up the properties of any debris and junk which appear to have no value. 2. Organize yard sales, with newspaper advertisements, to sell any items that may have some monetary value. 3. Remove at least one "junk" vehicle per day, five days a week, to Navy City Metals in Gorst or to any other scrap or wrecking yard. 4. No new "junk" vehicles will be brought to the properties. 5. During the month of February, 2001, at any day of your convenience, the Seskos will meet with you or with your representatives to inspect the subject properties for a progress report and for a determination of the remaining items which may remain on the properties 1 and the items which may be nuisance and must be removed. 6. The remaining "nuisance" items shall be removed on a daily basis and the cleanup project shall be completed by July 15, 2001. The Seskos hope that this plan is acceptable to you. If you have any questions please feel free to call me or call the Seskos. Sincerely yours, Ahmet Chabuk 2 From: Janet Lunceford To: "shepherd@sinclair.net".GWIA.InfoServices Date: 10/31/01 6:11AM Subject: Re: sesko abatement Mike 1. The only reason the Seskos are working now is because they know we're coming and we're serious. The bidders (and the bid specs) were all notified that the inventory is changeable. 2. We will recoup our money. Either the Seskos will pay the lien or the tax assessor will foreclose on the properties if the lien isn't paid off within 3 years. 3. Mr. Sesko was asked to prominently tag the items he wishes to keep which are residential in nature (part of the Superior Court judgment). He told our attorney (and me) that he considers everything "residential", so he refuses to identify anything specific. We are going back to court on Friday for clarification from Judge Haberly. 4. The Pennsylvania site was listed on the MTCA register before Mr. Sesko bought the property. Our interim attorney is researching who the previous owners (and therefore responsible parties) are. We will not be removing the contamination, nor does our attorney think we are liable for its removal. 5. The Seskos have already stated (in writing) that they intend to sue us for damages after this action is completed. There is nothing we can do about it, and we can't predict what a judge will say; however, we have file folders full of documentation of what we've done and what we intend to do. Mr. Sesko has had 5 years to take care of this problem himself and refuses to do anything. He went through the same process with the County before we annexed the property. They dragged his stuff away to the Morrison gravel pit. He also spent 30 days in jail for contempt of court. 6. I have received dozens of phone calls regarding this site. Everyone is waiting for the city to do something about this. The Superior Court, the Appellate Court and the State Supreme Court have all given the Seskos the opportunity to state their case. They have worked their way through the system and lost. Mrs. Sesko will undoubtedly come to Council next week, but you must understand that we are not "rushing in" to do anything! If we do not go ahead with this project, there is no credibility left that the City can enforce any of its laws. Mike, please call me regarding this issue, 478-5213. Thanks. >>> "shepherd" <shepherd@sinclair.net> 10/30/01 07:16PM >>> Lori, Could you hard copy to Carol, Will and Cecil? I don't think we all know enough about this issue right now. These are questions I've heard and may not be all of the issues: 1. Since they are cleaning up, how does that affect the bids? 2. Since they are cleaning up, should we rush in and spend our money (which we won't get back) or wait until we are sure they have done as much as they can? 3. Will they be able to make a case that since they are cleaning up and have asked for clarification of what can be left on the property that we prematurely removed valuable property? 4. When we file the lien and they don't pay it and the property becomes ours in three years, do we also become liable for the extensive toxic waste cleanup on the Pennsylvania location? 5. If we remove materials and they successfully demonstrate that some of them are valuable, are we guilty of illegal seizure? 6. What about the PR involved? Have we made a clear public case that government is protecting common citizens or we waiting until we're accused of terrorizing poor people without even listening to their case? yours, Mike This message is private or privileged. If you are not the person for whom this message is intended, please delete it and notify me immediately. Please do not copy or send this message to anyone else. Al Duke t'agc Iot I iohn !aw From: "john law" <JE_LAW~msn.com> To: "shepherd" <shepherd~sinclair. net>; "Janet Lunceford" <jlunceford~ci.bremerton.wa.us>: "Al Duke" <aduke~ci.bremerton.wa.us>; "Lynn Horton" <MAYOR~ci. bremerton.wa.u$> CC: "John Law" <lawje~qwest. net>; <eyounger77(~}hotmail.com>; "Ed Rollman" <TREMS128{~aol.com>; "Jim Reed" <Jimnbo(~aol.com>; "Wayne Otsen" <olsenwe~aot.conn> Sent: Tuesday, October 30, 2001 10:18 PM Subject: Re'. sesko abatement Mike- Your qwestions are all valid. My concern is we have had to go to court (because he would not clean it up) do we now say we want to stad over-I don't think so! Check with the attorney's, but don't stop now. John .-~ Original Message From: she~__erd To: da_n__et Lunceford_; Al Duke; L_y.n.n.~orton_ Cc: John Law; ~,ygunq_er77{~_.hotmail.com_; t.rems_ 128~aol.com_; Jim Reed; Sent: Tuesday, October 30, 2001 7:16 PM Subject: sesko abatement Loft, Could you hard copy to Carol, Wiil and Cecil? I don't think we all know enough about this issue right now. These are questiOns rye heard and may not be all of the issues: 1. Since they are cleaning up, how does that affect the bids? 2. Since they are cleaning up, should we rush in and spend our money (which we won't get back) or wait until we are sure they have done as much as they can? 3. Will they be able to make a case that since they are cleaning up and have asked for clarification of what can be left on the property that we prematurely removed valuable property? 4. When we file the lien and they don't pay it and the property becomes ours in three years, do we also become liable for the extensive toxic waste cleanup on the Pennsylvania location? 5. If we remove materials and they successfully demonstrate ttaat some of them are valuable, are we guilty of illegal seizure? 6. Wha! about the PR involved? Have we made a clear public case that government is protecting common citizens or we waiti~'~l until we're accused of terrorizing poor people without even listening to their case? yours, Mike This message is private or privileged. If you are not the person for whom this message is intended, please delete it and notify me immediately. Please do not copy or send this message to anyone else. 10/31/01 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: FOR AGENDA OF: NOVEMBER 7, 2001 ORIGINATING DEPT.: CITY COUNCIL MINUTES OF MEETING-- OCTOBER 30, 2001 ORIGINATOR: dOHN E. LAW, PRESIDENT DATE SUBMI']-I'ED: OCTOBER 31, 2001 CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: --NDORSEMENT ri INFORMATION ri APPROVED BY COUNCIL?J~I/ESIDENT FOR SUBMITTAL: ,4AYOR COUNCIL PRESIDENT'"'- /--'"' SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: I. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION ~ULLED ~ TABLED ~ APPROVED ~ DISAPPROVED ~ AMENDED ~ DATE: ;OUNCIL DIRECTIVE: 11, AGENDA BILL NO.: (OVER) CLEARANCE COMMENTS: SUMMARY STATEMENT (CONTINUED): IMPACT OF NON-PASSAGE: IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES' RESEARCH SOURCES: TAPE #1802 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES October 30, 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, Tuesday, October 30, 2001, at 5:30 P.M., with Council President John Law presiding. Council members present were Jim Reed, Will Maupin, Carol Arends, Eric Younger, Mike Shepherd, Ed Rollman, Cecil McConnell, and Wayne Olsen. Aisc present were Interim City Attorney Greg Amann; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Counc# Member Cecil McConnell, followed by the invocation provided by Council Member Carol Arends. President Law made the following announcements: 1) The regular Pre-Council Session was held to discuss general Council business; 2) A 15-minute Executive Session would be held from 4:45 to 5:00 P.M. next week prior to the Council meeting on Wednesday, November 7 to discuss "LABOR NEGOTIATIONS"; and 3) Two Study Sessions are scheduled to take place immediately following the Council meeting on November 7 to discuss an "UPDATE ON THE SR303 CORRIDOR PROJECT" with officials from the Washington State Department of Transportation (WSDOT); followed by a second Study Session to discuss the "CHESTER MANOR PURCHASE WITH HOME FUNDS". CONSENT AGENDA A. Minutes of Meeting - October 10, 2001 (#AB01-248) B. Minutes of Meeting - October 17, 2001 (#AB01-249) C. Minutes of Meeting - October 24, 2001 (#AB01-250) #0025 M/S/C/U (McConnell/Rollman) 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. #0065 M/S/C/U (Reed/McConnell) On October 30, 2001, the Council does approve for payment those vouchers included and further described as follows: EFT 6767 and Checks 257302 through 257497 in the amount of $1,606,534.78; and Retiree Payroll for the period ending October 31, 2001 in the amount of $124,713.01. COUNCIL MEMBER REPORTS Will Mau_~in donned very funny costume glasses, then wished everyone a Happy Halloween! Carol Arends attended the 57th Anniversary celebration at the Sinclair Missionary Baptist Church, which she thoroughly enjoyed; and announced two public meetings that would be held to discuss the proposal for night construction on the Callow Priority-5 storm sewer project, which is planned to begin in the spring of 2002. The first meeting will be for residents on Thursday, November 1st; and the second meeting will be for businesses on Thursday, November 8th. Both meetings will be held at the Engineering Office, located at 3027 Olympus Drive in East Bremerton, starting at 6:00 P.M. If there are any questions about this meeting, or accessibility issues, citizens are encouraged to call 478-5270 during regular business hours. Lastly, she noted that tomorrow night was Halloween, so reminded drivers to be very careful driving because there would be lots of kids out, some in dark costumes, and the weather is expected to be dark, wet, and slippery. TAPE #1802 City Council Reg. Mtg. Minutes October 30, 2001 Page 2 of 4 Eric Younger announced a Study Session would be held immediately following the Council meeting next week to discuss an "UPDATE ON THE SR303 PROJECT CORRIDOR PROJECT", and noted that the meeting would be televised. Mike Shepherd discussed additional areas in the City identified for proposed Marine Protected Areas; attended a Smart Growth seminars where local realtors were welcomed as an integral part in future planning; enjoyed the Main Street Association's Blackberry Festival Awards Ceremony; reported on the successful Mayoral Candidate Forum held October 29th to discuss problem homes and nuisance issues; and lastly, encouraged families to participate in the Treasure Hunt as part of the trick-or-treat event to be held downtown on Halloween night from 4:00 to 9:00 P.M. Ed Rollman reiterated information about the 4th Annual Downtown Trick-or-Treat event tomorrow night, and noted that any individuals who wish to participate, donate time or items, or want more information may call Susan at 377-9457 or Sandy at 377-8888. He thanked Bob Duprie of Diamond Parking for his assistance with a parking issue in a District 4 neighborhood. Lastly, he announced the Smile Mobile would be in Bremerton from November 5 to 16 at the Kitsap Community Resource Center located at 1201 Park Avenue to provide dental care to youth ages 13 and younger from families with limited income. To schedule an appointment, citizens may call 377-0053, ext. 335. Cecil McConnell announced the opening of "J & J Diner", a new restaurant at the Perry Avenue Mall. Wayne Olsen thanked Neva Law for bringing Halloween treats to the Council members tonight! John Law announced the next District 3 meeting would be held at the Senior Center from 7:00 to 9:00 P.M. on Tuesday, November 20 for a discussion on plans for the new Manette Bridge. COUNCIL COMMITTEE REPORTS - There were no reports this evening. MAYOR'S REPORT Mayor Horton announced that in addition to the downtown event, there would also be an all-City Halloween party at the Sheridan Park Recreation Center tomorrow night from 5:00 to 8:00 P.M. With sadness, she informed the Council that City employee John Poppe of the Wastewater Department lost his wife over the weekend to an illness. On behalf of all City employees, condolences were extended to John and his children Kaitlin and Ryan. LEGISLATIVE REPORT - There was no report this evening. PUBLIC RECOGNITION Gordy Byrd announced that students of the DECA club at Olympic High School would be sponsoring a free Thanksgiving dinner for people in our community on Tuesday, November 20 from 11:00 A.M. to 7:30 P.M. at the FOE Eagles Club in downtown Bremerton at the corner of 6th & Washington. Carol Atkinson presented a plaque to Mayor Horton in appreciation for the contributions made by the City to the successful Blackberry Festival this past year. Chief Rob Forbes was also presented a plaque in appreciation for the assistance provided by the Police Department. Roy Mclnnis thanked Carol Arends for her attendance at the Sinclair Missionary Baptist Church anniversary celebration; and he thanked Chief Rob Forbes and the Police Department for increasing the visibility of officers in his neighborhood to assist in lowering the impact of crime in the area. TAPE #1802 City Council Reg. Mtg. Minutes October 30, 2001 Page 3 of 4 10A - CONSULTANT CONTRACT WITH GREG O'KELLEY AND ASSOCIATES, LLC FOR FINANCIAL FEASIBILITY REVIEW REGARDING PROPOSED HOTEL CONFERENCE CENTER PROJECT (#AB01-251): Mayor Horton emphasized that this was the final contract for the hotel/ conference center consulting team, and that Mr. O'Kelley would develop the pro forma model to analyze the financial feasibility of the hotel/conference center. It was also noted that this includes sources of revenue and expenditures, and they have already met with the other contractors already involved to coordinate their efforts. There were no comments from the public. Mr. Law questioned when their final report would be ready for submittal. Mayor Horton responded the market feasibility would be back on November 28, and Mr. O'Kelley's piece would be funneled in a little bit later, but near that same date. The final piece, packaging the development documents for the bond counsel is expected before the 15th of December. She was confident that the City would be able to bring the requested information back to the Public Facilities District well ahead of the 90-days provided to complete this process, and there was still room for leeway. #1025 M/S/C/U (Reed/Maupin) Move to approve contract with Greg O'Kelley for financial feasibility review. In closing, Mayor Horton expressed her appreciation for the full support provided by the Council in moving forward with the feasibility and financial review, and noted she has heard the Public Facilities Board was also impressed at the Council's level of commitment on this project, which she believes will help make a difference in the final outcome. 12A - ORDINANCE (FIRST READING) AMENDING CHAPTER 6.32.110 OF THE BREMERTON MUNICIPAL CODE REGARDING PUBLIC DISTURBANCE NOISES (#AB01-252): Police Chief Rob Forbes summarized that to better define the City's Noise Ordinance, subsections (d) and (e) have been added to clarify that "Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself"; and "Sound from audio equipment, such as tape players, radios, and compact disc players, operated a volume so as to be audible greater than 50 feet from the source, and if not operated upon the property of the operator". There were no comments from the public. Mr. McConnell proposed a friendly-amendment to remove the word "other" from sub-section (f) of the ordinance. Mr. Amann explained that the word "other" was meant as a catch all for any other noise other than what is set forth in the previous sections of the ordinance. He did not think that removing the word "other" would change anything. The issue was discussed at length among the Council members, after which both makers of the Motion ultimately accepted the friendly-amendment. Mr. Amann clarified again that the word "other" was to apply to anything other than what is listed in sub-sections (a) through (e) regarding sounds emanating, and by removing the word "other" the language could be seen as repetitive. Mr. Shepherd reasoned that sub-section (f) was an original paragraph that applied to existing sub- sections (a), (b), and (c) when sub-sections (d) and (e) were added to address specific incidences of noise, so believed it was reasonable to modify sub-section (f) by removing the word "other" since specific incidences were now inserted directly above it. TAPE #1802 City Council Reg. Mtg. Minutes October 30, 2001 Page 4 of 4 Mr. Rollrnan raised the issue of the bells that chime from the Washington Mutual Bank Building downtown, and asked if it was necessary for the City to include an exemption for them. Mr. Arnann responded that if the decibel levels did not apply, then there would need to be some leeway in determining what would constitute an unreasonable disturbance. He reasoned that it would probably take more than just one person who was ultra sensitive. #1570 M/S/C (Shepherd/Reed) Move to approve ordinance on first reading, amending Chapter 6.32.110 of the Bremerton Municipal Code regarding Public Disturbance Noises, including the striking of the word "other" under sub-section (f) of the ordinance. There were no comments from the public. Voted in favor of the Motion: Shepherd, Younger, Arends, Maupin, Reed, McConnell, and Law Voted opposed to the Motion: Olsen and Rollman Motion carried: 7-Yes; and 2-No At the conclusion of regular Council business, the Council meeting was adjourned at 6:25 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 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Professional Services FOR AGENDA OF: November 7, 2001 Agreement with Parametrix, Inc. for Ever- ORIGINATING DEPT: Parks & Recreation green Park Phase II Construction Management ORIGINATOR: Becky Lorber, Rec Coord. II and Contract Administration. DATE SUBMITTED: October 30, 2001 2. CLEARANCES: 3. EXH-IBITS: (Comment on back ffnecessary)(~ t Z~r ~ A. Professional Services Contract for Parametrix Parks & Recreation Director: ~~ Inc. Operations Committee: .~~ ~oz.¢~ ENDORSEMENT ~'~ INFORMATION__~_ APPROVED BY COUNCIL P~SID..F~I~~MITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Evergreen Park Phase II construction is approximately 80% complete. The primary tasks remaining are completion of the shoreline work around Smith Cove and the tracking/closure of punch list items. As a result of the resignation of the City Project Manager, crucial engineering support in the areas of construction management and contract administration are required in order to complete the task. Parametrix Inc., the consultants who did the park design and several facets of Evergreen Park development, has agreed to perform the aforementioned tasks throu~gh the completion of the park construction. They shall also oversee final permit requirements and the 4 quarter groundwater monitoring, for a total of $31,791.57. 8. RECOMMENDATION: Move to approve this Professional Services Agreement with Parametrix, Inc., in the amount of $31,791.57, to ensure that final construction components are completed and closure of the construction contract for Evergreen Phase II. 9. RESPONSIBLE OFFICIAL: Jim Spencer ENFORCEMENT OFFICIAL: Jim Spencer EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED ~EDa~ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL #: t~)l-- ~c~t~ 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION (CONT.) 5. IMPACT OF NON-PASSAGE: Parametrix Inc., has the engineering and construction analysis expertise to ensure that final Evergreen Park construction elements are completed as specified. Lack of passage will jeopardize completion of the project. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Support for this project is absorbable within the authorized head count. No significant impact on staffing is anticipated and there is sufficient funding available for this expenditure in Fund 112. 7. RESEARCH SOURCES: PROFESSIONAL SERVICES AGREEMENT PARAMETRIX~ INC. THIS AGREEMENT is between the City ofBremerton, a municipal corporation (hereinafter referred to as "City") and Parametrix, Inc. (hereinafter referred to as "Consultant). WITNESSETH: 1. SCOPE: The Consultant agrees to provide professional services for Construction Management Services for the Evergreen Park Expansion as further described in the Scope of Work, attached hereto and incorporated herein by this reference as Exhibit "A". The project involves construction management and contract administration services to complete the Evergreen Park Phase II Expansion Project. 2. TERM: contract shall commence on the date of this agreement and will terminate on February 28, 2002, unless otherwise extended by the City. 3. COMPENSATION: City shall pay the Consultant compensation as follows: This is a Time and Materials Contract. The total fees under this Agreement shall not exceed thirty-one thousand and seven hundred ninety-one dollars and fifty- seven cents ($31,791.57). Charges for services shall conform to the fee schedule attached hereto as part of Exhibit "A". The Consultant shall submit regular statements describing the services rendered with a breakdown for work completed as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process said claim for payment. If the description of services on the Proposal designates additional services which may be requested the City, said additional services will be paid for by the City at the rate set forth in the Proposal, which sum may exceed the amount specified above. However, said services will only be performed, and compensated by the City after the City has directed such performance in writing. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that the Consultant is a firm skilled in matters pertaining to Civil Engineering and will perform independent functions and responsibilities in the area of its particular field of expertise. The Consultant and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind neither the City or control employees of the City, contractors, or other entities. Within the performance of these duties, the Consultant shall work under the direction of the Director of Parks and Recreation. 5. INDUSTRIAL INSURANCE: The Consultant agrees to provide for State Industrial insurance coverage for its personnel as required by State Law. 6. LICENSE AND TAXES: The Consultant shall possess a current Bremerton Business License and any regulatory license required to fulfill the Consultant's obligations under this Agreement. B & O taxes shall be paid when due and the Consultant, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. 7. INSURANCE AND HOLD HARMLESS: Consultant shall provide professional liability or errors and omissions insurance of $1,000,000 per claim and comprehensive general liability insurance, including bodily injury and property damage, of at least $1,000,000 per occurrence. The City shall be named an additional insured on the comprehensive general liability insurance policy. Consultants shall, at all times, be responsible for the negligent or wrongful acts or failures to act of its personnel which occur or arise in any way out of the performance of this agreement. Consultant agrees to defend and indemnify and hold harmless the City, its appointed and elected officers and employees, fxom and against any and all liability, loss, costs, damage, and expense, including costs and attorney fees in defense thereof; because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons, and on account of damage to property, to the extent arising out of the negligent performance of this Agreement, if such injuries to persons or damage to property is due to the negligence of the Consultant, its subcontractors, its agents or assigns. This provision shall be inapplicable to the extent such damage or injury is judicially found to be caused by the negligence of the City. The parties have specifically negotiated to provide that Consultant defend, hold harmless, and indemnify the City for all claims, damages, and losses, including attorneys fees, arising from any claims of Consultant's employees for injuries covered by Title 51 RCW, and for which Consultant could not be held directly liable. 8. GENERAL CONDITIONS: a. Reports and Information - The Consultant, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred in connection therewith, and any other matters covered by this Agreement. The Consultant will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. b. Entire Agreement--This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not bee fully set forth in the text of this Agreement. There are attached hereto and incorporated by reference as part of this Agreement Exhibit c. Amendments--The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices--Any notices required to be given by the City to the Consultant or the Consultant to the City shall be in writing and delivered to the parties at the following addresses: City Clerk Parametrix, Inc. 239 Fourth St. 5700 Kitsap Way, Suite 202 Bremerton, WA 98337 Bremerton, WA 98312 e. Waiver--Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. f. Compliance with State, Local and Federal Laws--The Consultant agrees to comply with applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law Venue--This Agreemem shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees--The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 9. NONDISCRIMINATION: The Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. 10. TERMINATION: This Agreement may be terminated by the City for convenience upon thirty (30) days' written notice to the consultant. Either party may terminate this agreement for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereal~er. Upon such termination, City will be entitled to reports showing the status of all matters upon which the Consultant is advising the City as of the effective date of termination. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. Date: BY: PARAMETRIX, INC. CITY OF BREMERTON Date: BY: LYNN S. HORTON, Mayor DEPARTMENTAL APPROVAL: JIM SPENCER, Director of Parks and Recreation APPROVED AS TO FORM: LOREN COMBS, Imerim City Attorney RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY, City Clerk EXHIBIT A City of Bremerton Parks and Recreation Scope of Work for Construction Management Services OVERVIEW The City has requested that Parametrix provide Construction Management and Contract Administration Services to complete the Evergreen Park Phase II Expansion Project. This work will involve the following: Continued coordination with regulatory agencies regarding permit submittals and the issuance of a Nationwide Hazardous Waste Permit for in-water work. · Completion of the 42 Quarter Groundwater Monitoring Event. · Construction management services to monitor and observe construction activities needed to complete the current contract with Glacier Environmental Services. · Contract administration to process pay requests, change orders, and contract closeout requirements for the current construction contract. PHASE I CONSTRUCTION SERVICES Task I Project Management/Permit Coordination C. oa]: Provide the City with technical assistance and coordination to obtain the Nationwide Hazardous Waste Permit for completing in-water work at Evergreen Park. Approach: Parametrix will make routine inquiries to the permitting agencies and respond to requests for additional information or clarification on design and construction elements of the project. Parametrix will maintain existing project controls to monitor scope, budget, schedule, staffing, and provide monthly progress reports. Parametrix will also complete the 4th Quarter Groundwater Monitoring Event, as required in the Agreed Order with Ecology. Assumptions: Parametrix budget estimate is based on the following assumptions: · Weekly contact with the Corps of Engineers and other agencies regarding the status of the permit process. · One teleconference with the Department of Fish and Wildlife to resolve questions and inquiries regarding the design and construction of the shoreline work. · Routine communication and status reporting to the City. C/0' of Brcmerton 999-/896-999(05- Evergreen Park Phase lI / October 2001 Scope of ~Vork (?onsl/'uction Sera,ices SO · Three project meetings with the City to discuss project status. · No further submittals are required to secure permits. · No changes to the project design are required to meet permit requirements. The duration of the project is from October 2001 through February 2002. Deliverables: Parametrix will provide the following deliverables: · Monthly progress reports. · The 4t~ Quarter Groundwater Monitoring Report. · Weekly communication on project status. · Meeting agendas and summaries. Task 2 lgonstruction ManagementJAdministration Goal: Provide construction observation and contract management for the completion of the Evergreen Park project. This will include completing upland construction closeout, negotiating pending change orders for additional work, negotiating cost and schedule requirements for completing in-water work. Approach: Parametrix will provide observation and closeout of punch-list items identified during the October 3, 2001 review of substantial completion. With the assistance of the City, Parametrix will negotiate with the Contractor regarding equitable adjustments and timing to complete the shoreline and in-water work. Parametrix will provide construction and archeological observation, and construction management, including submittal review, daily observation of Contractor performance, weekly construction meetings, review of progress payments and project close-out activities. Assumptions: Parametrix budget estimate is based on the following assumptions: · In-water work will require four weeks to complete. · No changes to the contract specifications as a result of permit authorization. · Archeological observation will require four days of on-site activity. · One visit by the landscape architect to review shoreline plantings. · The Contractor is responsible for record drawings, as specified in the Contract Documents. CiO' of Bremerton 999-1896-999(05- [V2) Evergreen Park Phase H £ October '-001 Scope of [Vork ('onstrttclton Sera'ices SO tV. doc Deliverables: Parametrix will provide the following deliverables: · Daily Inspection Reports. · Weekly construction meeting summaries. · Recommendations for progress payment. · Construction deficiency list of outstanding items identified during inspection of substantial completion. · Recommendation for physical completion and recommendations for release of retainage. Ci~ of Bremerton 999- ! 896- 999(05- Evergreen Park Phase 11 3 October 2 O0 ! Scope of Work Constt'uction Services SO [}5 doc /5' PARAMETRIX, INC. BUDGET ESTIMATE PROJECT: Evergreen Park Construction Management/Administration (Rev.1) CLIENT: City of Bremerton Parks and Recreation 1 Project Mgm/Permit Coord. ~ 32 8 32 6 8 86 $7,819.20 2 Cons b'uc 5on M g f./Admin 28 8 8 76 8 16 / 142 $12,091.14 Salary Escalation Estimated % of project complated before next sab~ increase 100% Additional Labor Coat Estimated % of next sabr~ increase 4.0% from Outside Expenses Description DkeaCo~ u e :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::: Other Expenses SamCe Shipment $50.00 10% ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: $5500 Imga~on Designer $750.00 10% $825.00 PROJECT TOTAL $31,79137 Prepared By: Reviewed By; AppmvedBy(~ J ~ (Project Manage~) (Div)sion Manager) (Office Manager) PD FORM OO-BUD3-04 PAG F I E]ale Pnnted: 10/15,'2001 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Bid Award for the Sesko Property FOR AGENDA OF: November 7~ 2001 Nuisance Abatement Project located at 3536 Ars, enal ORIGINATING DEPT.: Fire Dept. Way and 1701 Pennsylvania Avenue and associated ORIGINATOR: Al Duke budget adjustment. DATE SUBMITTED-: 2. CLEARANCES: (C~,~nme, pt on back if 3. -EXHIBITS: nec,ssar,[ Fire Chief: ~..~ 1. Bid Tabulation City Clerk: .E~ Interim City Att~:' City Treasurer: Fiscal/Budget Comm~ Operations Comm.: E~ORSE~x ~O~TION- ~PRO~D BY CO~CIL P~S~[~R,,S~~: 4. SUMMARY STATEMENT AND REQUI~MENT F~COUNCIL ACTION: On October 18, 2~1, bids were opened for the Sesko Proper~ Nuisance Abatement Project l~ated at 3536-Amenal Way and 1701 Pennsylvania Avenue, o~ed by Bill and Natacha S~km This ~on is the reset ora ~tsap Co~ Superior Coum judgment granting inj~ctive roller to the Ci~ of Bremerton, which author~es the Ci~ to r~move all objects, vehicles and boa~ on the ~o properties. Eight bids for this project were r~eived ~d Burney Recycling Center, ~c. was the lowest responsive bidder ~th a bid of $158,571.69. The ac~ou ~fore the Ci~ Co~cii is approval of a contract ~th Buc~ey Recycling for the Sesko Prope~ Nuisance Abatement Project. A budget adjus~eut of $275,000 ~ a~o requested, which is the estimated amount of the final c~ts for this project. RECOMMENDATION: Move to approve award of the bid of $158,571.69 to Buck~y Recycling Center, Inc. for the Sesko Prope~ Nuisance Abatement project contract and aut~rize the Mayor to execute the sa~. 2'a motion: Move to approve a budget aajastmeg mount of*27S,000.00. 9. ~SPONSIBLE OFFICIAL: Al Duke ENFORCEMENT OFFICIAL: Al Duke EXPIATION DATE: N/A ~EW DATE: N/A 10. NOTICE OF ACTION PULLED ~ TABLED __ APPROVED ~ DISAPPROVED ~ AMENDED __~ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The nuisances on the properties located at 3536 Arsenal Way and 1701 Pennsylvania would remain, causing blight conditions and deterioration of the values of the surrounding properties. The Superior Court judgment would not be enforced. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Staffing: This bid award will result in removal of the nuisance conditions on these properties, which will eliminate staff time spent on enforcement actions. Budget: Line-of-credit financing will be used for this project, which is already a part of the revolving abatement fund budget. A lien will be recorded on the property title when the project is completed. Facilities/Equipment: No impact. 7. RESEARCH SOURCES: N/A , , ~ .... ~ _ _ CITY OF BREMERTON ~.~:~.~-~ 't r~7~ . BID TABULATION DATE OPENED: BIDDER ~ND EE~D ~ ~/~ ~~ ~ Sales Tax TOTAL SUMMARY TOTAL BID COMMENTS APPA.ENT LOW~oc~<LE~mDD[. SECOND LOW THIRD LOW BIppER CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: ABATEMENT REVOLVING Adjustment Number: 2001 #20 Approval Authority Required: r-]Treasurer r-]May°r r- Fiscal & Budget ~-~Council Increase: Increase: Draw on Line of Credit 275,000 Abatement Actions 275,000 NARRATIVE: This adjustment will create authority necessary to utilize the City's Line of Credit, (LOC) in carrying out the abatement of the Sesko property on Arsenal Way. In conjunction with the abatement of the property, a lien will be filed on the property. The monies obtained from that lien, which has the same status under law as property taxes, will be used to repay the draw on the LOC. .iD_ep-artment Hea[d Signature Director Signature Date reasurer Comments' ~ Recommended ~ Not Recommended I C, ~- ~) Treasurer's Signature ~ Dat Mayor Comments: ,[X~7~/, Recommended ~ Not Recommended Mayor's Signature Date Fiscal & Budget Committee Comments: Approved ~ Denied Fiscal & Budget Committee Signature Date AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Professional Services Agreement FOR AGENDA OF: November 7~ 2001 between Parametrix, Inc. and City of Bremerton for ORIGINATING DEPT.: Fire Dept. construction management services for the Sesko ORIGINATOR: Al Duke nuisance abatement project at 3536 Arsenal Way and DATE SUBMITTED: 1701 Pennsylvania. 2. CLEARANCES: (~ol~ment on back if 3. EXHIBITS: necessary) /~.'~ Fire Chief: ( ~ 1. Professional Services Proposal City Clerk: ~.. ~ Interim City Arty':' ~ City Treasurer: ,., Fiscal/Budget Comm.: ~_,.~:,'C~ Operations Comm.: ~ ENDORSEMENT ';< INFORMATION __ APPROVED BY COUNCIL PRES~.I?..._F_~F4~R SUB.MITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOI~COUNCIL ACTION: The City of Bremerton will soon enter a contract to perform the Superior Court mandated nuisance abatement of the Sesko properties, located at 3536 Arsenal Way and 1701 Pennsylvania Avenue. Parametrix, Inc. has been asked to provide construction management services for the project, which will include observing contractor performance, processing contractor requests for payment, negotiating change orders, and assisting the City with final project inspection and contract close-out. Parametrix has estimated the cost of these activities at $35,146.39. RECOMMENDATION: I move that Council approve the professional services agreement with Parametrix, Inc. in the amount of $35,146.39 for the purpose of construction management of the Sesko nuisance abatement project. 9. RESPONSIBLE OFFICIAL: Al Duke ENFORCEMENT OFFICIAL: Al Duke EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED __ TABLED __ APPROVED ~ DISAPPROVED ~ AMENDED _~ ( '. COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: City staffwould be required to perform construction management for this project. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Staff: Code enforcement activities City-wide would be severely curtailed due to the amount of time required to oversee the Sesko nuisance abatement process. Budget: Cost of this agreement would come from the revolving abatement fund line of credit; then would be rolled into the lien which will be placed on the properties to recoup the funds expended for this project. Facilities/Equipment: No impact 7. RESEARCH SOURCES: N/A OCT. i:B. 2E~O:L 1Z': GOF'f'"I F'AF'Ar'tETF:I:::'::: INC [ ¢.-:,. IE:4E, F'. :3 EXHIBIT A Scope of Work Construction Management/Administration Sesko Nuisance Abatement City of Bremerton Fire Department OVERVI;EW The City !of Bremerton anticipates entering into a contract to abate public nuisances at properties located at 1701 Eermsylvania Avenue and 3536 Arsenal Way in Bremerton, Washington. The City :~has requested that ParametrLx assist by providing con~trucnon management and observation of the Cont,'actor performance for the duration of tl~e aba~emenr contract. This scope of work describes Parametrix' project approach and estimate of cost for managing abatement actiwities, observing ContractOr performance, processing Contractor pay requests, negotiating changes orders, and assisting the City wi~ final project inspection and contract close-out. Task ! Construction Management To monitor Contractor performance against thc contract specifications and report to ~h¢ City on the completion of project requirements. Approach: · Parame~x will conduct a pre~constru.ction meeting with the selected Contractor to review project specifications and establish project requirements for the Conlraetor. Parametrix will review Contractor submittals and provide recommendations for accepting, rejecting, or modifying each sub~rfit~al relative to the contract specifications. During con~lruction, Parametrix will review requests for information, clarify construction requirements, and assess changes identified by the Contractor, · Parametrix will pro~4de daily construction observation of Contractor activities and conduct weekly construction meetings with the Contractor and City personnel to review progress of work, /dent/fy schedule and cost impacts, and provide weekly construction summaries for the City. ?arametrix will also review Conwactor pay requests, change orders and claims, and provide the City with written recommendations for issuing payment on requested items. · At the completion of the abatement at each property, Parametrix will evaluate substantial completion and prepare a deficiency list for the Con~ractor ~o complete, P~rametr/x will provide ~itten recom.menda[ions to the City. regarding substantial and physica! completion, release ofretainage, and contract close-out. As$~Jmptioas: Parametfix' cost estimate is based on the follo~dr~g assumptions: ·The contract period of performance does not exceed 120 days. The abatement work at each site will be conduc:ed consecutively, not concurrently. C~O* qf ~rem~rton 2 ~ 5- ] 8 96-0 ~ 4 Seiko Ptop~rt) ,,lbaterncn, ] Ocro~J~r 2001 D~ily construction observatmn will require two hours per day. Weekly construction meetings w~l!, require two hours per week. One pre,construction meeting prior to initiating work at each site. Two inspections for contract completion at each site. Contractor pay requests will be submitted monthly. _all work is completed prior to April 01, 2002. The City will complete project close-out documentation including bond releases, prevailing wage documentation and release ofl~ens, Cost; $37,3,*3 (refer to the attached wor -ksheet for detail), City of ,Sre.~r~erton 255-i896.054 $~ska ,~ro, vert), .~batemen~ 2 October 2~0! Scopa of Ff'brk SO iV 3'~.s£o C,~.I.~'~ do c PARAMETRIX, INC. BUDGET ESTIMATE PROJECT: Sesko Nuisance Abatement Construction Management/Administration (Rev.2) CLIENT: City of Bremerton Fire Department PMX # BI. LING STAFF Proje~ ProjectSta~ Engineer Admin/Cle~a~ $ttva¥ C~ew Pfd. Land MULTIPt. E~ Manage*' Engineer Sun~eyaf TOTAl. PHASE TASK ORG COOE 3,10 Base Rate $38.45 $37,48 $24.14 $15.47 $41.90 $3t.10 HOURS Sub~ota4s I~lflng ~ $t19,20 $116.13 $74,83 $47.94 $129.89 $96.41 $8,J,.60 =A'~. rate 1 1 Consl~uction Management 72 39 950 40 8 4 406 $34,347.99 Labo~ Subtotal at Currant Salary Rates 72 32 260 40 8 4 406 $34,347.99 Salary Escalation Estimated % of @ro~ct completed before next satar/increase t 00% Additional Labor Cost Estimated % of next saiar( increase 4.0% from salary es~ala§on Photocopie. 1000 $0.05 sheet $50.00~iiiiii! ii !!i~ii~iil iiii! $50.00 Camera 18 $25.00 day $450.00 $450.00 Subconsultants 10% __ PROJECT TOTAl $3S, t45.39 Prepared By: Reviewed By: Approved By: {Proiect Manager) (Division Manager) (Office Mana§er) File Name: Seiko GM budget R2.xl.s PO FORM O0-BUD3'-04 PAC~'"~ Date PHil{ed: ,0/'2912001 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ~~ ~~ ~o, ~ FOR AGENDAOF: G~ob~, 24, 2OO~ Ordinance Amending Chapter 2.18 ORIGINATING DEPT: Audit CommiEee of the BremeKon Municipal Code ORIGINATOR: Michael Stephenson, Ci~ Auditor DATE SUBMITTED: October 10, 2001 2. CL~~~S:~ment on back if necessa~) 3. EXHIBITS: k~n D. ~omff~, Intedm~.~ity A~orney Ordinance ~o. q ~ ~ q Fiscal & ~d~et ~ommi~o u Operations Commi~ee ENDORSEMENT~ INFORMATION [ ] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: lbo ~udit Commi~ee has requested the a~ached Ordinance to amend Chapter 2.~ 8 by includin~ a definition of Internal Auditing, an audit scope section and other minor chan~os. Internal Auditor is chan~ed to Gi~ ~uditor to be consistont with tho Gi~ Ghador. $. RfiGO~E~D~IIO~: That the City Council approve the proposed ordinance which amends Chapter 2.18 of the Bremerton Municipal Code. Record Motion: -:__ _ :_ p~ M~,t,..,,' ........... : .... ,~,,.,,,,~Ch~ ~r21Cofth~B;v,,..u,, , ,~,.u,,,~. L,., up, l.,,,..,,.. ,.,,~,,,,~,,...C~,,,'""'"' ~' .......... . Pass Ordinance No. z~-7'7c~ amending Chapter 2.18 of the BMC on 2'u reading. 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.: (OVER) 9. CLEARANCE COMMENTS: 10. IMPACT OF NON-PASSAGE: The Audit Committee scope of work will be less definite and open to interpretation. 11. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The Audit Committee will have a definite charter including scope of work and operational issues. 12. RESEARCH SOURCES: Institute of Internal Auditors "Charter Provisions" National Association of Local Government Auditors "Guidelines and Legislation for Local Government Auditors". 2.7 AN ORDINANCE amending Chapter 2.18 Audit Committee and ~ City Auditor as created in the City of Bremerton Charter, Section 18. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Chapter. This chapter is hereby amended in the Bremerton Municipal Code to read as follows: CHAPTER 2.18 AUDIT COMMI'I'I'EE AND INTERNAL- CITY AUDITOR 2.18.010 PURPOSE. The purpose of the Audit Committee, as provided in the Charter of the City of Bremerton, Article III, Section 18, shall be to assure elected City officials and management that the internal auditing of the municipality and its departments, programs and activities is performed in accordance with standards for the practice of internal auditing and with professional standards of conduct. "Internal Auditing is an independent, obiective assurance and consulting act. ivity designed to add value and improve an organization's operations. It helps an o .n:ianization accomplish its objectives by bdnginq a systematic disciplined approach to evaluate and improve the effectiveness of risk manaqement, control, and governance processes" as defined by the Institute of Internal Auditors. To this end, the Committee will: (a) Conduct annual appraisals of the l,o, temai City Auditor's performance as to effectiveness and efficiency; including a comparison of planned and actual audits; (b) Review and approve the internal audit work schedule and planned budget for the coming year; (c) Review results of external and internal audits, prior to release of internal audit reports, with specific attention to: (1) restrictions (2) cooperation received (3) audit findings (4) audit recommendations (e-) d~ Review and approve appropriate special audit requests; (f) '-',,,,; .... i,~, .... ' ~ud~t tapcO= "';'"* '"' rc!_.e.==c; .................. ,. ...... ;cpc. t. /d3-){e) Review and recommend revisions to policies ~ relating to unethical and illegal procedures; (-h)~ ~ Ensure the internal City Auditoff_s independentc_~e of management; (~ Meet regularly with the ~ City Auditor; (j-}(h~Help to assure that management is exercising due professional care. 2.18.015 Scope of Work. Audit Committce & City Auditor. Ord Revised 10/10/01 Page l ~ The three fundamental characteristics of internal auditing function include 1) risk assessment and control, 2) operations: effectiveness, efficiency, and improvement, and 3) compliance with laws, regulations, and contracts. The scope of internal auditing will include but not be limited too: (a) Assurance Services -traditional audits, investigations and testinq, performance evaluation, limited assurance. (b) Consultinq and operations improvement services - Business process reviews, internal control education and other traininq as requested and approved by Audit Committee, and self-assessments reviews. (c) Ethics Compliance reviews per BMC 2.96 and compliance with all applicable Federal, State and local laws and regulations. (d) Serve as a liaison between external auditors to assure audit coordination. 2.18.020 MEMBERSHIP. There shall be an Auditing Committee consisting of two Council members and an independent Certified Public Accountant to be designated by Council, and two Bremerton residents selected by the designated members of the Audit Committee. The City Council may designate by majority vote one alternate member to serve in the absence of either or both of the appointed Council Members. The Audit Committee shall appoint the City Auditor to serve at the pleasure of the Audit Committee. The City Auditor shall only be removed by the maiority vote of the entire membership of the Committee sitting as a whole. In order to foster continuity, during the first meeting in January, the Committee shall elect one of th~ ~!=~=d Cc'--'~c~! it_~s members as Chairman to serve a term of one (1) year. The Chairman will conduct the order of business at meetings, coordinate communications of the committee, and perform other duties as specified by the Committee. 2.18.030 TERM. Audit Committee members shall serve terms as follows: (a) The two Bremerton residents selected by the other members of the Audit Committee shall serve three (3) year terms. The first two appointments, shall be made as follows: one currently sitting resident (Citizen Position #1) shall expire on December 31, 2000; and the second currently sitting resident (Citizen Position #2) shall expire on December 31, 2001. At the expiration anniversary date of each term, a resident appointee shall be appointed for a three (3) year term thereafter. Residents may be appointed to an unlimited number of terms. (b) The Council members appointed by the Council shall serve for a term up to the unexpired term of their current elected office, and may be re-appointed dudng successive terms of elected office. (c) The independent Certified Public Accountant selected by Council shall serve a three (3) year term, which shall expire on December 31, 2002, and may be re_c-appointed for an unlimited number of terms. The IRtemal City Auditor shall be a permanent ex-officio member of the Audit Committee. Audit Committee & City Auditor. Ord Revised 1 O/10/01 Page2 oQx ? In the event that any member does not serve a full term, either by resignation or removal, a replacement shall be selected by the original appointing authority to serve the remainder of the term. 2.18.040 VOTING & CONFLICT OF INTEREST. Decisions of the Committee shall be by majority vote of the members in attendance except that if a tie vote occurs the ko, tem~ City Auditor may cast a tie-breaking vote. A Committee member may abstain from voting at will or may be requested by Committee consensus to abstain from voting on issues that are sensitive to that member's area of control or influence. When a department which is directly represented by an Audit Committee member is the subject of a particular audit, that member of the Committee will be excluded from participating in that portion of the Audit Committee agenda affecting that department and will also be prohibited from being present during any Audit Committee discussion of that audit, whether it concerns the intedm report, scope or final release of a report. There shall be no voting by proxy except that any member who will be absent may prepare a written statement of position to the Chairman in advance of any meeting to be read to the members present during that meeting. 2.18.050 MEETINGS. The Audit Committee shall meet on the second Thursday of each month. Audit Committee meetings shall commence at 4:00 p.m. in the City Council Conference Room. In the event the regularly scheduled meeting falls on a holiday, the Audit Committee shall meet on the third Thursday of the month. By maiodty vote, and upon notice to the public, a different time or date or place of a regularly scheduled meetinR may be desiRnated by the Committee. 2.18.060 REPORTING. The Audit Committee shall issue periodic reports to the City Council and C!~' Mayor and will advise ~ City Council and Mayor at any time and on any issue that the Committee deems essential for the effective performance of duties and decisions by them, provided that:: (a) The Committee and the parties will comply with Title6 42.17 (Public Disclosure Laws) ~nd ~o -~n RCW (Op~,q ~s....+~.,.... A,-.+*, (b) The Committee shall present to the Council and the City Mayor, on a yearly basis, the ~ City Auditor's summary of audits performed, reported upon, and responded to by management. The IPAemal City Auditor shall report administratively and functionally to the Audit Committee. In carrying out duties and responsibilities, the IRtemai City Auditor shall have full, free and unrestricted access to all City activities, records, property and personnel. The kqtemal City Auditor will advise the Audit Committee, at regular meetings and upon request, of the audit work anticipated, scheduled and/or performed. To this end: (a) The l,qtemal City Auditor shall prepare projected schedules for each quarter with the underlying, proposed objective statement and scope of audit work for each audit, for Committee review and approval. Audit Committee & City Auditor. Ord Revised 1 O/10/01 Page3 3C~ (b) The l~oAemal City Auditor may discuss audit objectives with the Audit Committee and relevant management before the start date of an audit and as needed. (c) The goAemal City Auditor may discuss audit findings with the appropriate management during the course of an audit and with the Committee as deemed necessary. However, Audit Committee reserves the privilege of reviewing wdtten reports to the auditees before such reports are issued and routed, provided, that the review privilege shall not exceed five (5) days from report completion. Distribution will then be to the Mayor, City Council, Treasurer and responsible department head, and to others as directed by the Audit Committee. A public copy will be maintained in the City Council Office. (d) All responses to audit reports shall be to the IRtemal City Auditor in writing and within twenty (20) working days. Both the report and response shall be submitted to the Council through the Audit Committee in a timely manner. (e) Upon official submittal to the Council, the report and response will no longer be exempt from public disclosure. (f) The ~ City Auditor will ensure adequate and appropriate auditee response to audit findings through follow-up and will update summaries accordingly. 2.18.070 CONFIDENTIALITY. All employees and the auditee involved in an investigation by the h:,Aemat City Auditor are subject to strict confidentiality. In order to protect the integrity of the Internal Audit function, members of the Audit Committee will be held to a strict standard of confidentiality. Strict confidentiality will be maintained for any communication between the h:ttemal City Auditor and Committee members or between individual Committee members, regardless of whether the communication is generated during an Audit Committee meeting. It is further understood that the IPAemal City Auditor is to retain all confidences obtained from managers during performance of an audit. The iP, temal Cj.ty Auditor will communicate confidences obtained during an audit at the time a report is presented to the Audit Committee if such information is significant to the report conclusions and findings, or if it is relevant and necessary to a request of the Committee to change the scope of an audit or to discontinue a particular audit. Confidences, which relate to illegal activities, shall be immediately communicated to the City Attorney and/or State Auditor. 2.18.080 REMOVAL. The Audit Committee may request the removal of a member by majority vote of the entire membership of the Committee sitting as a whole, to the appointing authority of that member. 2.18.090 PROCEDURES. The Audit Committee and the IP, tema~ City Auditor may adopt such policies, procedures, and directives as are necessary to fulfill the purposes of their functions. Proposed policies, procedures and directives shall be presented to the Audit Committee during a meeting open to Audit Committee & City Auditor. Ord Revised I0/I0/01 Page4 3( the public, and may be approved upon a majority vote of the Audit Committee. Copies shall be maintained in the City Council Office. Section 2. Effective Date. This Ordinance shall take effect ten (10) days after passage and publication. APPROVED by the City Council of the City of Bmmerton this ~ day of , 2001. PASSED by the City Council of the City of Bremerton this day of , 2001. JOHN LAW, Council President APPROVED this day of . , 2001. LYNN S. HORTON, Mayor ATTEST: KATHLEEN L. McCLUSKEY, City Clerk Audit Committee & City Auditor. Ord Revised 10/10/01 Page5 3~ AGENDA BILL BREMERTON CITY COUNCIL % 1. SUBJECT: Ordinance E~ ~-TgO FOR AGENDA: ,v~,;o,,,~, ou, --,,,,1 , Amending Chapter 6.32.110 of the Bremerton ORIGINATING DEPT: City Council Municipal Code regarding Public Disturbance ORIGINATOR: John Law, Council President Noises DATE SUBMITTED: October 10, 2001 2. ,CLEA~NG~.'/,~J 3. EXHIBITS: "~,~~CITYAT,,,~. A~~~EY - Ordinance ~O, POLICE CHIEF/~'.~./~, Fi~CA-~'B'USG~ET COMMITTEE ~-'¢'~ ~ '~"~Z~'~C~-/J APPROVED FOR SUBMITTAL BY o ,ONS COMM, .. co .. 4. ~H~RY 81~1~[~1 ~ Rfi~HIRfi~fi~I FOR ~OH~ClL 1o bo~or define tho City's ~oiso Ordinance, subsections (d), (o) end.have been addeO to clari~ that "So~n~ ~rom motor uoNclo soon~ s~stoms, soc~ ~s tape plo~ors, ro~os, an~ compoct 9l~ors, opomto~ ~t ~ uolomo so ~s to ~o oo~[blo ~rootor tDon 50 ~oot ~rom t~o uoNclo itselF; ~rom ou~io equipment, s~c3 os tape plo~ors, ro~ios, on~ compoct ~sc plo~ors, opor~to~ at o volomo so os to ~o ou~iblo ~roator t~on ~0 ~eot ~rom t~o soorco, an~ ff not opomto~ upon t~o propo~ opomtoF 5. RECOMMENDATION: ©ctob~r 30: Move to app,uv~ u, dl,-,ai-,c~ u,, [hsi reading'; amendi[~g C;,,~p[~, 6.32.ii 0 of the ~ . '~ , November 7: Move to pass Ordinance No. ~7~ ~ on second reading. ~~ 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: 8. AGENDA BILL NO.: ~1//..- ~ ...~_..~.. 33 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: ordinance no. AN ORDINANCE of the City Council of the City of Bremerton, Kitsap County, Washington, amending Bremerton Municipal Code Section 6.32.110. The City Council of Bremerton does ordain: Section1. Bremerton Municipal Code Section 6.32.110 is amended to read as follows: 6.32.110 Public Disturbance Noises. It is hereby unlawful and declared a public nuisance for any person to cause, or for any person in possession of property to allow, noise defined in this section. For prosecution under this section, evidence of sound level through the use of a sound level meter reading shall not be necessary to establish a commission of the offense. Provisions of this section shall be cumulative and not exclusive, and shall not affect any other claim, cause of action or remedy including any prosecution for violation of sections regulating environmental noise. The following shall be public disturbance noises: (a) The frequent, repetitive or continuance sound of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law. (b) The creation of frequent, repetitive or continuous noise in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within District I so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property. (c) The use of a sound amplifier or other device capable of producing or reproducing amplified sound upon public streets for the purpose of commercial advertising or sales or for attracting the attention of the public to any vehicle, structure or property or the contents therein except as permitted by law, and except that vendors who sole method of selling is from a moving vehicle shall be exempt from this subsection. (d) Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself. (e) Sound from audio equipment, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 50 feet from the source, and if not operated upon the property of the operator. (f) The creation of any loud noises which emanate frequently, or repetitively or continuously from any building, structure or property which unreasonably disturbs the peace, comfort and repose of others. Section 2. The provisions of this Ordinance shall apply to all applications for which a required hearing has not yet been held as of this Ordinance's effective date. Page 1 of 2 Section 3. This Ordinance shall be in full force and effect ten (10) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire Ordinance, as authorized by State law. Section 4. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not affect the validity or effectiveness of the remaining portions of this ordinance. Section 5. The effective date of this Ordinance shall be ten (10) days from the date of passage and publication by the Mayor and City Council. APPROVED by the City Council of the City of Bremerton this __ day of ,2001. PASSED by the City Council of the City of Bremerton this __ day of ,2001. JOHN LAW City Council President APPROVED this __ day of ., 2001. LYNN S. HORTON Mayor ATTEST: KATHLEEN McCLUSKEY City Clerk Published: ,2001 Effective Date: ., 2001 Page 2 of 2 AGENDA BILL BREMERTON CITY COUNCIL f~l 1. SUBJECT: PUBLIC HEARING FOR AGENDA OF: Nov. 7, 2001 Revenue Sources for the 2002Budget ORIGINATINGDEPT: Treasurer ,//~ ORIGINATOR: R. Hanna x/' uf ~ DATE SUBMITTED: Oct. 23, 2001 2. CLEARANCES: Comment of back if necessary) 3. EXHIBITS: D i r. Ad mi n Se n/' B~"~'g~'~udet~ Preliminary Revenue Estim utes Council Fiscal & Council Operations ~ ~r_~~ ENDORSEMENTS ~ INFORMATION ~ APPROVED BY COUNCIL PRESIDENT FOR,S~I-I~'MITTAL: · COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACT~~ The City is required by RCW 84.55.120 to hold apublic hearing on revenue sources of the General Fund. This hearing must be held prior to consideration of the City's property tax levy and must include a discussion of possible increases in property tax revenue. 8. RECOMMENDATION: No Council action is requested. 9. RESPONSIBLE OFFICIAL: Treasurer ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLEDcouNClL DIRECTIvE:TABLED APPROVED DISAPPROVED AMENDED ? C 11. AGENDA BILL NO: ~/~ ~ ~'7 2. CLEARANCE COMMENTS,: 5. IMPACT ON NON-PASSAGE: N/A 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: None 7. RESEARCH SOURCES: Title 84 RCW. GENERAL FUND REVENUES 2002 MID - BIENNIUM REVIEW BUDGET I CALCULATIONS CURRENT REVISED CHANGE CABLE TV TAX: Regression of Historical Data 333,402 "" 300,000 450,000 150,000 TELEPHONE TAX: Regression of Historical Data 1,147,252 1,140,000 1,145,000 5,000 B & 0TAX: Regression of Historical Data 2,061,224 1,940,000 2,050,000 110,000 BUSINESS LICENSE: Regression of Historical Data Adjusted for Fee Change 192,505 160,000 204,500 44,500 GAMBLING & AMUSEMENT TAXES: Regression of Historical Data 243,517 .... ~ 290,000 242,000 (48,000) LIQUOR EXCISE TAX: City Population - April 1, 2001 37,260 X Per Capita Distribution $ 3.25 121,095 120,000 120,000 0 LIQUOR PROFITS: City Population - April 1,2001 37,260 X Per Capita Distribution $ 6.12 228,031 200,000 230,000 30,000 PARKING OPERATIONS: Projection based on '01 activity 750,000 650,000 770,000 120,000 TOTAL MAJOR REVENUE SOURCES 19,190,000 19,601,500 389,077 PERCENT OF TOTAL REVENUES 80% 82% 2% * Moving averages both below trend lines, take slope from current 12 mo. Average; = $5,180,000 ** Moving averages both below trend lines, take slope from current 12 mo. Average; = $515,000 *** Moving averages of gross receipts both below trend lines, reduce from '01 projection $90k for 2% rate reduction, add $5k for growth and $100k admin fee. .... Moving averages both above trend lines, SWAG from '01 projections $450,000 ..... Moving averages both below trend lines, take slope from current 12 mo. Average; = $190,000 GENERAL FUND REVENUES 2002 MID - BIENNIUM REVIEW I BUDGET I CALCULATIONS CURRENT REVISED CHANGE BEGINNING CASH: Analysis of YTD Actual vs Projected Activity 992,423 970,000 (22,423) PROPERTY TAX: M & O Levy: 2001 Levy 4,878,478 1% Allowed by 1-747 48,785 New Construction (~ '01 Rate 82,500 5,009,763 5,065,000 5,010,000 (55,000) EMS Levy: 2001 Levy 733,501 1% Allowed by 1-747 7,335 New Construction (~ '01 Rate 12,500 753,336 760,000 755,000 (5,000) SALES TAX: Regression of Historical Data 5,285,666 * 5,180,000 5,180,000 0 CRIMINAL JUSTICE SALES TAX: Regression of Historical Data 373,716 360,000 375,000 15,000 WATER UTILITY TAX: Regression of Historical Data 358,049 365,000 360,000 (5,000) WASTEWATER UTILITY TAX: Regression of Historical Data 586,289 ** 615,000 515,000 (100,000) ELECTRIC UTILITY TAX: Regression of Historical Data 1,182,505 1,125,000 1,185,000 60,000 NATURAL GAS TAX: Regression of Historical Data 384,140 335,000 385,000 50,000 GARBAGE TAX: Regression of Gross Receipts 4,792,273 X Tax Rate (Down 2% from 2001 ) 11% 527,150 Administrative Fee 100,000 *** 585,000 625,000 40,000 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ORDINANCE NO. FOR AGENDA OF: Nov. 7, 2001~ ORIGINATING DEPT: '-'~ r~'a s~~ Levying Property Taxes for Collection in 2002 ORIGINATOR: Rich Hapr(a,~ DATE SUBMITTED: Oct. 23~/2001 2. CLEARANCES: Comment of back if necessary) 3. EXHIBITS: Dir. Admin. Services~ ~L~ Proposed Ordinance City Attorney ~ Schedule of 2001 and 2002 Levies Fiscal and Budget~;~, ~ ~-'~ Operations ~--~~ ENDORSEMENTS ~ INFORMATION APPROVED BY COUNCIL PRESIDENqr~I=OR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTIDN: The City's property taxes are levied on an annual basis through passage of an ordinance. The proposed ordinance will implement a general property tax levy and a voted EMS levy at the statutory rate limit as well as a bond redemption levy at a rate adequate to provide funds necessary to meet debt service obligations. The language of the ordinance has been structured in order to comply with the provisions of Referendum 47. If Initiative 747 is passed by the voters, the percentage increase in sections 1. and 2. of the ordinance will be changed from 1.89% to 1% as provided in the initiative. 8. RECOMMENDATION: I move to approve on first reading the ordinance levying property taxes for collection in 2002. I move to pass on second reading Ordinance No. ~ levying property taxes for collection in 2002. 9. RESPONSIBLE OFFICIAL: Treasurer ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: 12/31/2002 REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED~ TABLED~ APPROVED~ DISAPPROVED AMENDE!EO~.__~i~ COUNCIL DIRECTIVE: 11. AGE.DA B LL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The City will not levy property taxes in FY 2002 and will forego approximately $6 million of revenue in the General Fund and Bond Fund. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: As presented in the 2001 - 2002 Biennial Budget and mid-biennium review. 7. RESEARCH SOURCES: Title 84 RCW and Kitsap County Assessor. ORDINANCE NO. AN ORDINANCE of the City of Bremerton levying Municipal Taxes on all the taxable property within the City limits of Bremerton for the year 2001 to be collected in the year 2002. WHEREAS the City Council of the City of Bremerton attest that the population of the City of Bremerton is more than ten thousand; and WHEREAS the City Council of the City of Bremerton has properly given notice of the public heating held on November 7, 2001, to consider the City's revenue sources for the City's General Fund budget; and WHEREAS the City Council of the City of Bremerton after hearing and duly considering all relevant evidence and testimony presented, has determined that the City of Bremerton requires an increase in property tax revenue from the previous year, in addition to that resulting from the addition of new construction and improvements to property and any increase in the value of state-assessed property and all allowable levies in order to discharge the expected expenses and obligations of the City, now, therefore THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. That an increase in the regular property tax levy, in addition to the increase resulting from the addition of new construction and improvements to property and any increase in the value of state-assessed property, is hereby authorized for the 2001 levy in the amount of $92,007, which is a percentage increase of 1.89% from the previous year. Section 2. That an increase in the EMS property tax levy, in addition to the increase resulting from the addition of new construction and improvements to property and any increase in the value of state-assessed property, is hereby authorized for the 2001 levy in the amount of $13,836, which is a percentage increase of 1.89% from the previous year. Section 3. That a property tax levy for debt redemption, as previously authorized by the voters, at a rate sufficient to provide $222,848 needed to meet debt service obligations in 2002, is hereby authorized for the 2001 levy. Section 4. This ordinance shall become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton on the . day of ., 2001. PASSED by the City Council of the City of Bremerton on the day of ., 2001. JOHN LAW, Council President APPROVED this day of ,2001 LYNN S. HORTON, Mayor ATTEST: KATHLEEN L. McCLUSKEY, City Clerk 23-Oct-O1 file=taxcomp CITY OF BREMERTON COMPARISON OF PROPERTY TAX LEVIES 2001 vs 2002 CHANGE 2001 2002 % $$ ASSESSED VALUATION: REGULAR 1,482,231,297 1,499,305,449 1.15% 17,074,152 BOND 1,456,545,574 1,473,323,846 1.15% 16,778,272 TAX RATE ($$/1,000): O & M 3.2908 3.3444 1.63% 0.0536 EMS 0.4949 0.5000 1.03% 0.0051 FIRE BOND 0.1552 0.1513 -2.54% -0.0039 TOTAL 3.9409 3.9957 1.39% 0.0548 TAX REVENUE: O & M 4,877,727 5,014,303 2.80% 136,576 EMS 733,556 749,653 2.80% 16,096 FIRE BOND 226,056 222,848 -1.42% (3,208) TOTAL 5,837,339 5,986,804 2.56 % 149,465 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ORDINANCE NO. FOR AGENDA OF: Nov. 7, 2001 ORIGINATING DEPT: --"~ r~-"~ ~-'~ Preserving Authority to Levy Property Taxes at a Rate in ORIGINATOR: Rich Har~.a~ Excess of the Rate of Inflation for Possible Use in Future DATE SUBMITTED: Oct. 23,/2001 Years / 2. CLEARANCES: Comment of back if necessary) 3. EXHIBITS: Dir. Admin. Services~,~j~,,--.---~''-~---j_ _ Proposed Ordinance City Attorney Fiscal and Budget Operations 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The requirements of Referendum 47, passed by the voters of the State in 1997, require that the City Council pass by super-majority a separate action stating their intention to levy property taxes at a rate greater than the change in the Implicit Price Deflator, IPD or to reserve that levy authority for possible use in future years. For 2002 tax collection, the change in the IPD is 1.89%. The proposed ordinance will not levy taxes for 2002 above the rate of inflation but it will preserve that levy capacity for possible use in future years. 8. RECOMMENDATION: I move to approve on first reading the ordinance limiting the City's levy capacity to 106% of the 2001 levy. I move to pass on second reading Ordinance No. ~ limiting the City's levy capacity to 106% of the 2001 levy. 9. RESPONSIBLE OFFICIAL: Treasurer ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: 12/31/2002 REVIEW DATE: N/A 10. NOTICE OF ACTION COUNcILPULLED~DIRECTIvE:TABLED ~ APPROVED~ DISAPPROVED AMENDED 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: S. IMPACT ON NON-PASSAGE: The City's 2002 and future levy capacity will be limited to the change in the IPD. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: As presented in the 2001 - 2002 Biennial Budget and mid-biennium review. 7. RESEARCH SOURCES: Title 84 RCW and Kitsap County Assessor. ORDINANCE NO. AN ORDINANCE of the City of Bremerton stating the intent of the City to preserve its capacity to levy general property taxes for the City of Bremerton for possible use in future years. WHEREAS the City Council of the City of Bremerton has met and considered its budget and the financial requirements of the City for the calendar 2001 - 2002 biennium and the amounts necessary and available to be raised by ad valorem taxes on real, personal and utility property which are included therein; and WHEREAS the City Council of the City of Bremerton has determined that, due to ongoing financial needs, the City has a substantial need to increase the regular property tax levy at the rate of inflation and to set the levy limit at six percent in the event this levy capacity is needed in future years; THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. In order that the City may preserve its future levy capacity, the limit factor for the regular levy for the calendar year 2001 shall be 106% (4.11% more than the rate of inflation) of the highest amount of regular property taxes that could have been lawfully levied in the City in any year since 1986. Section 2. In order that the City may preserve its future levy capacity, the limit factor for the EMS levy for the calendar year 2001 shall be 106% (4.11% more than the rate of inflation) of the highest amount of regular property taxes that could have been lawfully levied in the City in any year since 1986. Section 3. This ordinance shall become effective ten (10) days from its passage and publication. APPROVED by the City Council of the City of Bremerton on the day of ., 2001 PASSED by the City Council of the City of Bremerton on the day of ,2001 JOHN LAW, Council President APPROVED this day of .,2001. LYNN S. HORTON, Mayor ATTEST: KATHLEEN L. McCLUSKEY, City Clerk