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HomeMy WebLinkAbout09/15/04 AGENDA FILE 239 4th Street · Bremerlon, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251 SEPTEMBER 15, 2004 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in Council Conference Room A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in Council Chambers A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. CONSENT AGENDA A. Claims & Check Register (#AB04-183) B. Minutes of Meeting - September 1, 2004 (#AB04-184) C. Minutes of Meeting - September 8, 2004 (#AB04-185) D. Contract Award to PEASE & SONS, INC. for EB-6 Pump Station Modifications (#AB04-186) 5. NEW BUSINESS A. Appointment of Judy Friedberg-Nerf to the Planning Commission (#AB04-187) 6. PUBLIC HEARINGS - ORDINANCES AND RESOLUTIONS A. Ordinance [First Reading] amending Bremerton Municipal Code Chapters 15.01 and 15.06 relating to Assessments, Rates, Fees, and Charges for Water, Wastewater, and Stormwater Services (#AB04-181) B. Resolution No. 2940 regarding submission of proposed amendments to the Bramerton Charter to the qualified voters of the City of Bremerton (#AB04-188) C. Resolution No. 2941 regarding submission of a proposed ban on fireworks to the qualified voters of the City of Bremerton (#AB04-189) 7. PUBLIC RECOGNITION 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING E-mail: citycouncil@ci.bremerton.wa.us · Web: www.ci.bremerton.wa.us CITY COUNCIL MEETING SPEAKERS LIST PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF BREMERTON MUST BE SUBMITTED IN WRITING. THANK YOU. PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO SPEAK DURING THE COUNCIL MEETING TONIGHT Deparm~em: Financial Ser¥{ces Presenter: Cathy Johnson Phone: 473-5296 SUMMARY: Consent agenda i~em. Appruval ofpasroll, checks and electronic ltmd traosl~rs. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount):. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FiSCAL/BUDGET: OPERATIONS: CONSENT AGENDA COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to Approve: ~,~'~24 -- 1) Check #'s_c~,_~,~'~ througltz~?B ~TOc. nd EFTs &~/5 through in the amount of $ 2) Regular Payroll for the pay period ending, in the amount orS 3) Retiree Payroll for the pay period ending_ in the anaount of COUNCIL ACTION; DATE SUBMITTED: SEPTEMBER 9, 2004 BILL #__i., '~ - i AGENDA BILL CITY OF BREMERTON q B CITY COUNCIL SUBJECT: Minutes of Meeting- Committee Meeting Date: N/A SEPTEMBER 1, 2004 COUNCILMEET1NG Date: SEPTEMBER 15, 2004 Department: City Council Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held September 1, 2004. ATTACHMENTS: Minutes for September 1, 2004 FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: ~--~'~0--x.~ i~X3f't.~..~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. TAPE #1968 CITY COUNCIL MEETING MINUTES Wednesday, September 1, 2004 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, September 1, 2004, at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell, and Brad Gehring. Also present were Assistant City Attorney Brett Vinson; City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Council Member Carol Arends. President Ny,qren made the following announcements: 1. A Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM; 2. Item 4G was removed from the CONSENT AGENDA, and placed as Item 5A under NEW BUSINESS; 3. Item 6C under PUBLIC HEARINGS was pulled from the agenda; however, comments from the public would still be allowed. MAYOR'S REPORT Mayor Bozeman... · Was thrilled to report that American Financial Services donated $55,000 to help the students at Naval Avenue Elementary receive new jackets, backpacks with school supplies, and a staff person to provide after-school computer programming for "latch-key" children. · Thanked Carol Arends for attending the Press Conference with Senator Patty Murray, who was in Bremerton to talk about the importance of ferries to the region, and the need for a strong federal role in funding ferries; · Discussed a recent visit from Congressman Norm Dicks who was in town to participate in the 9roundbreaking ceremony for the new PSNS Parking Garage; · Congratulated the Council for making a decision that was reaffirmed by the Superior Court Judge regarding the downtown Bremerton Pedestrian/BTC Access Improvement Project; · Acknowledged the difficult job ahead faced by the Council regarding the proposed Utility Rate increase, the Comprehensive Plan, and the 2005 Budget; · Attended the retirement party for Steve Anderson; · Congratulated Carol Conley, Human Resources Director, regarding her work on the recent Teamsters Contract; · Announced that NAIOP was holding their Regional Meeting at the Kitsap Conference Center; · The annual Public Salmon Viewing event would be sponsored by the Poggie Club at Gorst Jarstad Park September 11 & 12; and · Read a supportive letter from the parent of a special-needs child who attended Camp Sparky. Council Member Wendy Priest presented the City Pride Program Award for the Month of August 2004 to Joseph Young and Barbara Bailes. CONSENT AGENDA A. Check numbers 293464 through 293563, EFT-6395 through EFT-6400 in the amount of $204,593.97; Regular Payroll in the amount of $ for the pay period ending August 31, 2004; and Retiree Payroll in the amount of $71,404.04 for the period ending August 31, 2004 (#AB04-172) B. Minutes of Meeting - August 25, 2004 (#AB04-173) C. Contract Award to COATING APPLICATOR, INC. for Interior Coating Replacement for Reservoir No. 15 (#AB04-174) D. Supplemental Agreement No. 6 to the existing Professional Services Agreement with PARAMETRIX, INC. for SR304 Transportation Improvement Project (#AB04-175) TAPE #1968 City Council Reg. Mtg. Minutes Wednesday, September 1, 2004 Page 2 of 4 E. 2004 Contract Approval with KITSAP PHYSICIANS SERVICES (KPS) (#AB04-176) F. Governmental Services Agreement with Kitsap County for Programming Services on BREMERTON-KITSAP ACCESS TELEVISION (BKAT) (#AB04-177) Business as Item 5A... #0425 MISICIU (Priest/McConnell) Move to approve the Consent Agenda as presented. SA - SETTING THE SALARY LEVEL OF MARK McLAUGHLIN AS THE BUDGET ANALYST AT PAY BAND 107 RATE 6 OF THE 2003 PROFESSIONAL1 CONFIDENTIAL~ AND FIDUCIARY PAY PLAN (#AB04-178): Michael Wilson, Financial Services Director, pointed out that Chapter 2.50.032 (a) of the Bremerton Municipal Code requires Council approval for an initial salary rate which exceeds Rate 1; therefore, Council approval is requested to hire Mark McLaughlin as Budget Analyst for the Department of Financial Services at Pay Band 10, Rate 6 ($4,666/month) based upon his more than twenty-five years of extensive experience primarily serving in the state government (Office of Financial Management, Office of the State Treasurer). The current Budget Analyst is compensated at Pay Band 10, Rate 8 ($4,903/month). The new employee would start on September 7 in order to obtain training from the current Budget Analyst before she retires on September 30. There were no comments from the public. Mr, McConnell and Mr, Short discussed several reasons for not supporting the hiring of this position at the proposed level of Rate 6, suggesting that more "hiring from within" should be considered rather than bringing in new people at or near the top of the scale; and Mr, Shepherd suggested the hiring of interns or young people who could begin to build "longevity" with the City. Mr. Ny~lren and Mr. Maupin expressed their opinions in support of this action, stating that a "Budget Analyst" is a very important position in the Finance Department; that training would be necessary to familiarize the new person (or anyone else) to the City's internal policies and budget history; and that this person had was highly skilled and the best qualified out of the pool of applicants received. #0575 M/S/F (Maupin/Shepherd) Move to approve the setting the salary of Mark McLaughlin as Budget Analyst for the Department of Financial Services at Pay Band 10, Rate 6, commencing on September 7, 2004. Voted in favor of Motion: Priest, Shepherd, Maupin, Nygren Voted opposed to Motion: McConnell, Robinson, Arends, Short, Gehring Motion failed: 5-No; 4-Yes 6A - RESOLUTION NO. 2939 FOR 2005-2010 SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN (#AB04-179): Luke Korpi, Engineering explained that the Six-Year Transportatiof, Improvement Plan is prepared pursuant to RCW 35.77.010 and RCW 36.81.121. The plan is updated annually and filed with the Secretary of Transportation, Local Programs Office. It is intended as a planning tool for the local, State, and Federal transportation funding entities. The attached plan has been prepared for City Council approval by resolution and will be submitted to the Washington State Department of Transportation. There were no comments from the public. Mr. Shepherd objected to the listing of the Bremerton Pedestrian/BTC Access Improvement project as part of the TIP, and therefore would not support this plan as presented. Mr. Korpi suggested that while the City is not the lead agency for that particular project, the project does imply regional 3 TAPE #1968 City Council Reg. Mtg. Minutes Wednesday, September 1, 2004 Page 3 of 4 significance and includes substantial federal funding, so the project should be included as pad of the TIP. Mr. Short and Mrs, ^rends agreed with Mr. Korpi's position on this issue, adding that as members of the KRCC Transportation Policy Board, it has been explained to them that a project must be listed in the City's transportation plan for the future if the project is taking place in the City, even if it is not a "City" project; and further cautioned that if not listed, the City could risk losing funds. Mr, McConnell also expressed his reason for not supporting this plan, referring to recommendations that would prohibit left turns into businesses and residents on Warren Avenue except at intersections. #1025 M/SIC (Short/Arends) Move to approve Resolution No. 2939, which approves the City's 2005- 2010 Six- Year Transportation Improvement Plan; and direct the Mayor to forward the Resolution and Plan to the Department of Transportation, Local Programs Office. Voted in favor of Motion: Priest, Robinson, Arends, Maupin, Short, Gehring, Nygren Voted opposed to Motion: Shepherd, McConnell Motion carried: 7-Yes; 2-No 6B - ORDINANCE [FIRST READING1 AMENDING CHAPTER 3.01, "RATE TABLE C" OF THE BREMERTON MUNICIPAL CODE RELATING TO COMMUNITY DEVELOPMENT FEES (#AB04- 180): Brett Vinson, Assistant City Attorney stated that the current provisions of Bremerton Municipal Code 3.01 Rate Table C of the Bremerton Municipal Code relating to Community Development Fees need clarification and updating. The proposed ordinance repeals and replaces Rate Table C. He clarified that the change included moving a fee listed in the UBC to the rate table; and that there were no increases in the listed fees. There were no comments from the public. #1105 M/S/C/U (Priest/McConnell) Move to approve the proposed ordinance on first reading repealing and replacing Bremerton Municipal Code 3.01 Rate Table C. ~:/" nDnlklAk,/~[: ,rF!RST DCAnlkl~-I .A. iJlZ:klnl~.lG CHb. PTEDS 45n4 ^~,n !~_.n= n= TH= BRE.B...ERTO.H I~lllklll'.lm^l /'~l"~i'll:: DC:L.A.T,k,~ T~ AmC~:mqUEklT~: DAT~::m FEES was pulled from the agenda... PUBLIC RECOGNITION Allen Shute pointed out that the libraries are a few weeks behind in receiving copies of the video tapes from Council meetings; and questioned if audio recordings for Study Sessions could also be provided. Steven Staley, Richard Cook, John Hoffman, and Har~ey Kravitz expressed their concerns over the proposed utility rate increases. President Ny.qren offered to provide copies of the consultant's report to any citizen who requests one; and offered to provide an additional public meeting. COUNCIL MEMBER REPORTS Brad Gehring appreciated the comments received from the citizens regarding the utility rates; reported on the successful "Blackberry Blues Jam and Bike Show" event held at the Admiral Theater last Saturday; and thanked his wife Patsy for a wonderful 25-years of marriage. Wend¥ Priest reminded citizens to come down to the City Hall Park Gazebo next Wednesday, September 8 for the last "Peanut Butter & Jam" lunch-time session beginning at 11:30 AM. TAPE #1968 City Council Reg. Mtg. Minutes Wednesday, September 1, 2004 Page 4 of 4 Mike Shepherd discussed the issue of elderly homeowners who have an increasingly difficult time maintaining their homes as they age; invited citizens to provide their comments related to the proposal to ban fireworks; and encouraged attendance at the First Friday Art Walk this week. Dianne Robinson mentioned that she was interviewed for a segment of "Inside Bremerton", which would be aired on BKAT tomorrow at 2:30 P.M. and replayed on Monday, September 6 at 8:00 P.M. Carol Arends announced that she and Dianne Robinson would be joining their fellow Council Members Will Maupin and Mike Short for a combined-District 6, 7, 8, & 9 Community Meeting to provide citizens an opportunity to see an "Overview of the Comprehensive Plan" on Thursday, September 16 from 7:00 to 8:30 P.M.; and mentioned that paving would be taking place on 1st Street. Will Maupin reiterated information regarding the upcoming District 6, 7, 8, & 9 Community Meeting, adding that the meeting would be held in the Conference Room of the Oyster Bay Public Works Building. He provided comments on why the Comprehensive Plan is important to the residents; and mentioned that all of the nine Council Districts began as "Neighborhood Associations", and that it was a goal of the Council to begin neighborhood associations again, which would also be discussed. Mike Short also commented on the importance of the Comprehensive Plan, and encouraged citizen involvement. Daren Ny,qren announced the next District 3 Neighborhood Meeting would be held on Tuesday, September 14 from 7:00 to 8:30 P.M. at the Manette Senior Center located at 13th & Nipsic for an "Overview of the Comprehensive Plan", and reminded citizens that they are welcome to attend any of the upcoming District meetings regardless of where they reside. President Ny,qren read a proclamation on behalf of Mayor Bozeman, proclaiming the Month of September 2004 as "International Coast Weeks 2004", which was accepted for Don Larson of Kitsap Diving Association by Mike Shepherd, who also announced that a second Sinclair Clean-Up Event would be held at 11:00 AM on Saturday, September 18, and invited everyone to participate. With no further business, the meeting of the City Council was adjourned at 6:45 P.M. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: PAULA JQHNSTON, Interim City Clerk DAREN NYGREN, City Council President City of Bremerton DNIP JIIslcge DATE SUBMITTED: SEPTEMBER 8, 2004 BILL# AGENDA BILL CITY OF BREMERTON CITY COLrNCIL SUBJECT: Minutes of Meeting- Committee Meeting Date: N/A SEPTEMBER 8, 2004 COUNCIL MEETING Date: SEPTEMBER 15, 2004 Department: City Council Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held SEPTEMBER 8, 2004. ATTACHMENTS: Minutes for September 8, 2004 FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: ~ ~(a-t...~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. C{}UN('IL ACTIOS: I-~ 3~t.D~!'{)~i~i Deny I ~ Table [~ £ontim:c ~--] No Action TAPE #1969 CITY COUNCIL MEETING MINUTES Wednesday, September 8, 2004 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4*h Street, Bremerton, Washington, Wednesday, September 8, 2004, at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger Lubovich; City Clerk Paula Johnston; and Council Assistant Christine Grenier Ellingson. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Deacon Jim Bemis of Our Lady Star of the Sea Parish. President Nyqren made the following announcements: 1. A Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM; 2. Council will meet for a LEGISLATIVE REVIEW SESSION in the Council Conference Room immediately following the Council Meeting, and reminded citizens that the meeting is open to the public; and 3. The first reading of the Utility Rate ordinance would be heard at the next Council Meeting on September 15th, and citizens were encouraged to call the Council Office at (360) 473-5280 for more information or view the posted information on the City's website at www.ci.bremerton.wa.us. CONSENT AGENDA A. Check numbers 293564 through 293596, EFT- 6413 and EFT-6415 in the amount of $319,987.46; and Regular Payroll in the amount of $674,754.57 for the pay period ending August 31, 2004 (#AB04-182) #0030 M/S/C/U (Priest/McConnell) Move to approve the Consent Agenda as presented. 4A - ORDINANCE NO. 4908 [SECOND READING] AMENDING CHAPTER 3.01, "RATE TABLE C" OF THE BREMERTON MUNICIPAL CODE RELATING TO COMMUNITY DEVELOPMENT FEES (#AB04-180): The first reading of the ordinance was heard on September 1, 2004. There were no comments from the public. #0055 M/S/C/U (McConnell/Arends) Move to pass Ordinance No. 4908 on second reading repealing and replacing Bremerton Municipal Code 3.01 Rate Table C. With no further business, the meeting of the City Council was adjourned at 5:42 P.M. The Council reconvened in the Council Conference Room for a LEGISLATIVE REVIEW SESSION to hear presentations on upcoming agenda items. Prepared and Submitted by: CHRISTINE GRENIER ELLINGSON Council Assistant Attest: PAULA JOHNSTON, City Clerk DAREN NYGREN, City Council President City of Bremerton DN/PJ/Is/cge 7 DATE SUBMITTED: August 19, 2004 BILL # AGENDA BILL CITY OF BREMERTON q CITY COUNCIL SUBJECT: Award Contract for EB-6 Pump Committee Meeting Date: September 8, 2004 Station 5d;~-;:- Modifications COUNCIL MEETING Date: September l 5, 2004 Department: PW&U, Engineering Presenter: Mike Phone: 473-5288 SUMMARY: Sealed bids for construction of the project titled "EB-6 Pump Station - 2002 Modifications" were opened on September 1, 2004. The en~neer's estimate for the project is $479,000. o2. bids were received for this project, f~o.~'~ a_Md .-.qovtS; _2"~ .was the lowest r~e, responsible bidder with a bid of $~ (including sales tax). ATTACHMENTS: 1) Bid Tabulation; 2) Exhibit A; Contract Summary and Fiscal Summary FISCAL IMPACTS (Include Budgeted Amount): The project is funded by a State Revolving Fund loan and is included in the 2004 budget. See Exhibit A, Fiscal Summary. APPROVALS: ,/'"'~'-~/. -~'z ~- L-'/ / /% '' CItY ATTORNEY: / ~' -- [ .~,~2~d~4~ FINANCE DIRECTOR: , 'r ~ MAYOR: ' - 'X/(_y FISCAL/BUDGET: - CONSENT AGENDA OPERATIONS: ' COUNCIL PRESIDENT: '~-{:'~,,.~.,, RECOMMENDED MOTION: Move to award a contract in the amount of $ (including sales tax) with ; ,~ c , . . (2~'~-[ ~;o ~7£.~72~.( d. for construction of the project t~tled "EB- 6 Pump Station - ~Modifications" and authorize the Mayor to finalize and execute the necessary contract documents for construction. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ab, Agenda Bills 2004, EB-6 Pump Station Modifications 8 EB-6 PUMP STATION 2002 MODIFICATIONS EXHIBIT A Contract Summary The EB-6 Pump Station 2002 Modifications project is included in the City's CSO Reduction Plan and will reduce CSO events in the Tracyton Beach Road basin. The modifications will increase the discharge capacity of the pump station from 500 GPM to 1,250 GPM. The work to be completed under the contract for EB-6 Pump Station 2002 Modifications includes demolition of the existing pumps and electfica~ penets, installation of three dry pit submersible pumps, a valve vault, a magnetic flow meter, a new motor control center, and an emergency generator. Bids were opened on September 1, 2004. There were a total of 2 bids opened. The lowest responsible bidder was Pease and Sons Inc., with a total bid of $4t3,687.00. The Engineer's Estimate for construction of this project was $479,000, which is approximately $65,000 more than the iow bid. The project will begin in early October 2004 and must be completed by July 2005. This project was included in the capital projects list for the recently completed rate study prepared by EES and also on the CIP list presented to City Council on July 2ffh. Fiscal Summary The project is funded by an SRF Loan approved by City Council via Resolution Number 2865 on July 10, 2002. The loan has been executed and the loan ter~ns are as follows: Loan Amount = $693,000.00 Loan Fee = $0 Match Required = $0 Term = 20-years Interest Rate = 1.5% Annual Debt Sen/ice (Approx) = $41,479 City of Bremerton Shore Driver Sewer 2004 Modiftcations d~dy 2004 DATE SUBMITTED: August 31, 2004 BILL # 0 ~ - { ~ 7 AGENDA BILL CITY OF BREMERTON 5 ~ CITY COUNCIL SUBJECT: Appointment to the Committee Meeting Date: September 8, 2004 Planning Commission COUNCIL MEETING Date: September 15, 2004 Department: Executive Presenter: Mayor Bozeman Phone: 5266 SUMMARY: There is a vacancy on the Planning Commission and it is recommended the vacancy be filled by Judy Friedberg-Nerf. ATTACHMENTS: Application for appointment. FISCAL IMPACTS (Include Budgeted Amount): n/a APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: F1NANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: ~ ~ ~ i,_ .~,-- CONSENT AGENDA [] RECOMMENDED MOTION: Motion to confirm the appointment of Judy Friedberg-Nerf to the Planning Commission. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action Application For City Boards/Commissions/Committee Note: As an applicant for a City Board, Commission or Committee, your name address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) Date: ~,,,/~-' 9/ 07-00,4/ Name: ~ Dff ,,~'i~'D(:~/.~,,e~ - /~f~'~.~' Home Phone: FIRST MIDDLE LAST Home Address: ./nCt_d~. c,~_ [e,,,4~ __ ~A./.,¢ ~P--JC,"C~.Z-otd'/ ? g 3,/ 2- NUMBER STREET STATE CITY ZIP Occupation: /{>~= 7'/~ ~ Employer: Work Address: ./I//4 NUMBER STREET STATE CITY ZIP WorkPhone: ( ) /tff/,ff Fax: .,,_ ,, ,. E-Mail: ,'riot-Ce ~O~t4~b'Tf.,Ce-7 Education: Local References (names and phone numbers}: I am interested in serving (please check one or more}: [] Disability Action Committee E~Planning Commission ( 18 yrs. and older) [] Civil Service Commission (18 yrs. and older) [] Parks & Recreation Commission [] Urban Forest Committee [] Ethics Corrtmission [] Public Access Citizens Advisory Committee [] Parking Advisory Board [] Community Development Block Grant Advisory Board [] Mayor's Select Committee on Law Enforcement [] Youth Council [] Bremerton Housing Authority [] Safe Streets Steering Comn'dttee [] Solid Wa,qte Management [] Board of Appeals, Housing/Building Codes [] Citizen's Commission on Cotmcil Salaries [] Other Is this an application for reappointment? /;~/¢ If yes, how many years have you served on this commission/committee? A/,/~¢ 22 ~hy are you applym, g for t.h~s al~polntment. ~ ~ ?~o~m-~ 7~ /~A'~'~ :,-a~( 77 ~t V ~ ~ Ich o~vour personal ano/or proless~onal mterestsoromoted you to aoolv for th~s aonointment5 ' a e you ever servea on any other Bremerton Board, Commission, Commtt~e6 or Task Force? If yes, ~l~se list your qualificatioos for this a~pointmentOnclude skffis, activitie~ training, education): What are your commum~ interests (committees, organ~at~ons, specml act~wt~es)? We welcome you~ willin~css to se~e Breme~on. For more information please contact thc MayoCs Office a~ (360) 473-5266, FAX (360) 473-5883 or via cma at mayor~ci.brcmeaon.wa.us. Hease retu~ the completed ~o~ to: MayoCs O~ce, 239 4~ S~eet, Breme~on WA 98337. Page 2 of 2 13 DATE SUBMITTED: August 18, 2004 BILL # AGENDA BILL l A CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. Committee Meeting Date: August 25, 2004 Amending BMC Chapters 15.01 and 15.06 COUNCIL MEETING Date: -"~t'c ..... ........ ~.~ 1 ..... 'mn,~ Relating to Assessments, Rates, Fees, and Department: Public Works & Charges for Water, Wastewater, and Utilities Stormwater Services. Presenter: Phil Williams Phone: 5315 SUM1VIARY: Engineering and Economic Services, Inc. (EES) was retained by the City to perform a cost-of-service rate study for City provided municipal utilities. The proposed ordinance incorporates amendments to Bremerton Municipal Code Chapters 15.01 and 15.06 and Appendix A of Chapter 15.06 relating to assessments, rates, fees, and charges for water, wastewater, and stormwater services recommended by EES as determined by the study. It was noted that a Study Session will be held on this issue Monday, September 13, 2004. ATTACHMENTS: Proposed ordinance FISCAL IMPACTS. The Study concluded the recommended rates are required to meet O&M, capital improvements, and recover appropriate system development charges and fees for development activities. Failure to implement study recommendations will result in significant budget shortfalls. APPROVALS: DIRECTOR OF PW&U: ~141 CITY ATTORNEY: .... FINANCE DIRECTOR MAYOR FISCAL/BUDGET: OPERATIONS: COUNC~ PRES~ENT: RECOMMENDED MOTION: (1) I move to approve the proposed ordinance on first reading. (2) I move to adopt Ordin~ce No. ~ on second reading. COUNCIL ACTION: [] Approve [] Deny [~ Table [] Continue [] No Action ORDINANCE NO. AN ORDINANCE amending Chapters 15.01 and 15.06 of the Bremerton Municipal Code and Appendix A of Section 15.06 relating to assessments, rates, fees and charges for Municipal water, wastewater and stormwater services. WHEREAS, the City Council desires to amend the definition of and method for establishing certain utilities system development charges and fees set forth in Chapters 15.01 and 15.06 of the Bremerton Municipal Code; and, X~rIEREAS, the City Council desires to establish system development charges and fees for the City's Stormwater Utility; and, WHEREAS, the City Council desires to amend the rates, fees and charges set forth in Appendix A of Section 15.06.015 of the Bremerton Municipal Code; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 15.01.020 of the Bremerton Municipal Code entitled "Definitions" is hereby amended by amending certain subsections as follows: 15.01.020 DEFINITIONS. The following definitions under Section 15.010.020 are amended to read as follows: (e) (1) "Equivalent Residential Unit" (ERU) shall mean ' ' ~'~ ............ , .... ,~ ............... r .... a unit of measurement to determine wastewater general facility charges and shall be based on 236 gallons per customer da,/. (g) (2) "General Facilities Charges" (GFC) shall mean the charge established to reflect the proportionate cost share for existing source, treatment, distribution, transmission, collection, interception, and storage facilities that will be paid by new customers to the City utility. (s) (17) "Stormwater system" shall mean all facilities for collecting, transporting, pumping, treating and discharging stormwater. 1 Utility Rates 15 SECTION 2. Section 15.01.030 of the Bremerton Municipal Code entitled "Utility Service Agreement" is hereby amended as follows: 15.01.030 UTILITY SERVICE AGREEMENT. (a) Each customer of the Utility and any person requesting utility service from the Utility for water, wastewater, or stormwater shall be required to make application and enter into · 'ty S ' Agr ' a Utlh ervlce eement ..... { ~ ~ ...... A ...... * e.h.,ll .~4- ~-^ k ...... ;.~A gA..* ...... *~. · . ~ ^C+h~ 1 1+iI1~-., ~+ ...... /-~,.. e,,~+~- Agreements ~m~q~,ir~bshall be executed prior to connection to the utility system or activation of the account. (b) The Agreement shall include the name and address of the owner and the service address of the premises served together with the service requested. The Agreement shall be signed by the owner of the property or his designated agent and shall be filed with the Department. The applicant shall pay all fees for installation of the utility service as herein provided at the time of filing. (c) The Agreement for service shall constitute a contract between the Applicant and the Department in which the applicant agrees to pay for service provided at the rate and in the manner specified. (d) The Agreement shall be effective at the time it is signed by the Director or his designee and charges for service to the premises shall be assessed from date of connection. (e) Estimated fees, assessments, and conditions quoted by the Department in writing for utility service shall become invalid after one hundred eighty (180) days from the date of the estimate unless the applicant enters into a Utility Service Agreement with the Department prior to that time. SECTION 3. Section 15.01.070 of the Bremerton Municipal Code entitled "Developer System Improvement - Agreements" is hereby amended as follows: 15.01.070 DEVELOPER SYSTEM IMPROVEMENT - AGREEMENTS. (a) A property owner or owners of any specified area situated within the Utility service area requiring utility service may petition the Department to construct public system improvements. The Department shall review the petition, and, subject to the Utility Comprehensive Plan, engineering and economic feasibility, and at the Department's option, construct the improvements upon execution of a System Improvement Agreement between the owner and the Department specifying the improvements. The estimated costs for said improvements shall be paid in full upon execution of the agreement. When completed and accepted by the Department in writing, the improvements shall become part of the Utility's system and shall be conveyed by Bill of Sale prior to service. (b) If 60% or more of the property owners of a specified area situated within the Utility service area petition the City to construct public system improvements, the City may construct said improvements upon execution of a System Improvement Agreement between the property owners and the City specifying the improvements, the terms and conditions for the improvements, and the reimbursement of all costs associated with the improvements. Reimbursement at actual cost for the improvements may be paid in full or in monthly installments plus interest at a rate set in the System Improvement Agreement with 20% of the 2 Utility Rates 3.6 cost due prior to installation and the balance together with interest due within thirty-six (36) months of the date from thc completion and City acceptance of the improvement. (c) Deferred payments for the construction of system improvements shall be limited to system improvements and shall exclude connection fees and general facility fees. (d) The City may construct the improvements, on behalf of the property owners, utilizing City staff, negotiated contracts, or competitive bids subject to State statutes goveming utility construction. (e) Property owners or developers of plats or developments shall have the option of installing the plat's interior utility system and connection to the utility system at their expense, subject to Utility Development and Construction Standards. The owner or developer shall pay charges according to the conditions of any existing reimbursement agreement for any main installed through a System Improvement Agreement. SECTION 4. Section 15.01.090 of the Bremerton Municipal Code entitled "Developer System Improvements - Reimbursement" is hereby amended as follows: 15.01.090 DEVELOPER SYSTEM IMPROVEMENTS - REIMBURSEMENT. (a) The City may enter into Agreements with property owners responsible for the installation of system improvements to provide for reimbursement to owners by others benefiting from the improvements and connecting to the improvements at a later time (latecomers). (b) Requests for reimbursement shall be made in writing prior to drafting the System Improvement Agreement and specific provisions of recovery shall be included in the Agreement. The Department shall determine the area that is subject to the cost recovery and shall identify the properties benefiting from the utility system improvements in a description or a drawing that will become part of the System Improvement Agreement. (c) Reimbursement from each benefiting property owner shall be determined by the Department as stipulated in the System Improvement Agreement. Cost recovery payments by properties benefiting from connections to developer extensions shall be collected by the City. (d) Reimbursement to the property owner constructing the improvement shall be limited to fifteen (15) years from the date of acceptance of the improvement. The City shall retain fifteen (15) percent of the cost recovery payments for maintaining records and administration of the program and forward the remainder of the payment to the property owner who originally constructed the water, wastewater, or stormwater system improvement. SECTION .5. Section 15.06.015 of the Bremerton Municipal Code entitled "Incorporation and CPI Adjustment" is hereby amended to read as follows: 15.06.015 INCORPORATION AND CPI ADJUSTMENT. (a) Assessments, rates, fees and charges attached hereto as Appendix A and incorporated herein by this reference are hereby adopted. ........ j on November 1 of each oCommencing ..... j November 1, g0042005, and ;~ · successive year thereafter, the ~ utility rates amt-ehar-ges in this section, not otherwise adjusted by the City Council during the previous six-month period, shall automatically be adjusted based 3 Utility Rates upon the most current Consumer Price Index for all Urban Consumers, Seattle, T ~re:5ous 3'ear, and the General Facility Charges shall be adjusted according to the most current Seattle Construction Index (SCI). SECTION 6. Section 15.06.020 of the Bremerton Municipal Code entitled "Assessments" is hereby amended to read as follows: 15.06.020 ASSESSMENTS. (a) General Facility ~ Charge. (1) A General Facility rq~ Charge (GFF) (GFC) shall be charged on all new or expanded service connections to the utility system. Existing connections within the system as of the effective date of this Code shall be considered to have paid their proportionate share of the General Facility-g~ Charge for existing use. (2) The calculation of the General Facility Charge for water shall be based on the meter size to be installed for a new or expanded water utility service. (3) The calculation of the General Facility f~ Charge for ~ wastewater wi!! shall be based on the number of Equivalent Residential Unit(s) (ERU) served and shall be a~c~ioned and aa:e~sed computed as follows: Single Family Residence 1 ERU/Unit Duplex (two units) Two, ',:nit: 1 ERU/Unit Multi-family (3 or more units) ~ 0.65 ERU/Unit Mobile Home Space in Mobile Home Park 0.65 ERU per space (Common building at additional commercial rate and laundry areas at laundry rate.) Recreational Vehicle Waste Dumping Station 0.65 ERU per station Schools 0.030 ERUper student capacity Churches (School uses at additional per student 0.65 ERU per 100 capacity rate.) seats Hospitals - General _1 ERU per bed Convalescent Hospitals 0.50 ERU per bed Residential Care/Boarding Facilities 0.25 ERU per bed 4 Utility Rates 18 Hotels and Motels (Additional charges for 0.25 ERU per room restaurant or tavern at restaurant or tavern rate, or motel unit laundry areas at laundry rates, and meeting room areas with fixtures at commercial rate.) Food Preparation and/or Serving Areas 0.15 ERU per 100 square feet Vehicle Wash. Self-Service Vehicle Wash 1.17 ERU per bay Full-Service Vehicle Wash 15.66 ERU per bay All Other Vehicle Washes See Wet Industrial Laundries & Laundromats 0.30 ERU per 100 square feet Industrial Laundries See Wet Industrial Remodels of the above-listed, which result in no increase in the units on which the charge for a new building is calculated, the ERU for the remodel will be calculated on the basis of the fixtures added using the amounts in the Commercial Section. Commercial, Office, & Dry Industrial Charge for each plumbing fixture to be installed. Bathtub w/or w/o shower 0.13 ERU Dental unit or cuspidor 0.._11 ERU Dishwasher 0.__11 ERU Disposal 0.~1 ERU Drinking Fountain 0.05 ERU Floor Drain 0.01 ERU FountairffBackwash 0.~1 ERU Kitchen Sink 0.08 ERU Laundry Tray 0.08 ERU Lavatory 0.05 ERU Service Sink 0.08 ERU Shower (each head) 0.13 ERU Swimming Pool/Backwash 0._21 ERU Urinal 0.17 ERU Urinal Trou~_,h (for each 2-foot section) 0.17 ERU Wash Sink (for each set of faucets) 0.08 ERU Washing Machine 0.07 ERU 5 Utility Rates Water Closet 0.33 ERU Wet Industrial To be deter- mined on an individual basis by the City utilizing the formula listed below GFC = (G.P.D./236) x SRF x F G.P.D. = Anticipated volume of discharge to sewer in gallons per day. SFR = Current General Facility Charge for a single family residential unit. F = Extra strength factor, whole number multiplier derived for every 330 mg/l of biochemical oxygen demand or suspended solids, or fraction thereof, in excess of the first 330 mg/1 of biochemical oxygen demand or suspended solids. Example: Factor Range 1 0-330 2 331- 660 3 661- 990 (continues per 300 increment) Undefined Building and Sewer Use To be deter- mined on an individual basis by the City. 6 Utility Rates 20 Additional Loading or Change of Use Determined on basis of additional loading or new use for entire. facility less credit for former use. No refunds if new use is less than former use. ~ The following are the definitions of the classifications used in establishing the ERUs. "Church" is defined as a building or structure whose principal use is for worship and in which the incidental use for school or recreational purposes is less than 12 hours per week. Church buildings used for school purposes in excess of 12 hours per week shall be charged the GFC per student capacity in addition to the charge per 100 seats as a church. "Commercial building" is defined as a building used for conducting of wholesale or retail trade. Dry industrial buildings or structures are those buildings or structures housing light industrial activities where use of water and subsequent discharge of sewer does not occur in connection with the industrial process. Warehouses and other storage buildings with sewer connections are classified as dry industrial buildings. "Convalescent hospital" (or rest home) is defined as a building or structure used for housing of persons convalescing from illness or injury or persons requiring close personal care. No additional charge shall be made for laundry or food and drink preparation and serving facilities included in the convalescent hospitals. "Food preparation and serving facility," includes restaurants, taverns, delicatessens, and wholesale and retail bakeries, but does not include canneries, dairies, cheese factories, packing houses and similar facilities, which shall be classified as "Wet Industrial" under the paragraph addressing wet industrial. "General hospital" is defined as a building or structure used for the temporary housing of ill or injured persons and containing facilities for medical and surgical treatment of such persons. No additional charge shall be made for laundry and food and drink preparation and serving facilities included in hospitals. "Hotel" (or motel) is defined as a building or group of buildings used for temporary housing of persons containing rooms or units intended for the use of transient persons. Those areas within hotels and motels to be used for commercial preparation of and serving of food and drink shall be charged at the rate for food preparation and/or serving. Commercial areas within hotels and motels, including convention facilities and other such common areas other than lobby areas, shall be charged at the rate for commercial and dry industrial areas. Areas used for laundry facilities in hotels and motels shall be charged at the rate for laundries and Laundromats. Such additional 7 Utility Rates 22 charges for food and drink, commercial areas and laundry shall be in addition to the charge per room or motel unit. "Industrial laundry" is defined as a building or structure or parts of buildings and structures used for housing and operating laundry equipment for the large scale washing of uniforms, towels, linens, etc. The anticipated volume and strength of the sewage to be generated from an industrial laundry would be considerably more than that from a commercial laundry or Laundromat. Industrial laundries shall be classified as "Wet Industrial" under the paragraph addressing wet industrial. "Laundry" and "Laundromat" is defined as a commercial building and structure, or parts of commercial buildings and structures used for housing and operating laundry equipment by the general public to wash clothes and linens for personal use. "Multi-family residence" shall be defined as a building or a group of buildings housing three or more families, living independently of each other, a family being defined as one or more person living as a single housekeeping unit or household sewer service being provided through not more than one sewer connection. Common buildings in an apartment house complex requiring sewer service shall be charged as commercial buildings and that portion of buildings housing common laundry facilities shall be charged as laundries and Laundromats. "Mobile Home Park," (including travel trailer parks) is defined as any area or tract of land having a sewer colmection, and where sewerage collection pipes are extended to two or more spaces occupied by, or intended to be occupied by a mobile home, travel trailer, or motor home which are defined as a vehicle with our without motive power which is designed, used, or intended for use as a place of human habitation, or as eating, sleeping, or living quarters or any combination thereof. A mobile home space is defined as the individual location having a sewer hookup for each such vehicle. For purposes of determining the GFCs for mobile home parks' common buildings, such as recreation halls, etc., shall be charged as commercial buildings. Buildings housing laundry facilities shall be charged as laundries and Laundromats and food or drink service buildings shall be charged a food preparation and/or serving. "Recreational Vehicle Waste Dumping Station" is defined as a building or structure used for the dumping of sanitary sewer wastes from recreational vehicle holding tanks. Includes graywater from sinks and showers. {This excludes an individual collector installed by a homeowner for his/her own use.) "Residential Care/Boarding Facility" is defined as a residential building or structure used for housing of persons requiring either long-term supervision and general care, or any type of dependency recovery. No additional charge shall be made for laundry or food and drink preparation and serving facilities included in the Residential Care/Boarding Facilities. "School" is defined as a building or group of buildings used for school purposes more than 12 hours per week, involving assemblage for instruction, education, or recreation. Schools may be public or private. 8 Utility Rates 22 "Single family residence" shall be defined as a building containing one kitchen, designed and/or used to house not more than one family, including all necessary employees of such family, such building having a single sewer service connection. Mobile homes occupying a separate lot and providing permanent housing with a separate sewer connected shall be classified as a single- family residence. "Undefined buildings" and "undefined sewer use" are those not defined in Section (a)(4). "Vehicle wash" is defined as a commercial building or structure used for washing vehicles. Self- service vehicle washes are coin-operated facilities serving the general public that require the customer to wash the vehicle. Full-service vehicle washes are facilities serving the general public, wherein the vehicle is washed for the customer, either automatically or by attendants. All other vehicle and parts washing or steam cleaning facilities that discharge to the sanitary sewer will be reviewed on a case-by-case basis. "Wet industrial" is defined as a building or structure housing industrial activities where the use of water and subsequent discharge to the sewer occurs in connection with an industrial process. Facilities with a discharge of 200,000 gallons per day or greater are considered wet industrial. Other facilities that discharge less than 200,000 gallons per day, and whose anticipated strength of the sewage to be generated from the facility is greater than domestic sewage strengths may also be considered wet industrial. Those facilities will be reviewed on a case-by-case basis. The anticipated volume and strength of sewage from an average single-family residence shall be considered when calculating GFCs. (5) Additional loading or change of use is defined as an increased demand for wastewater treatment from an existing wet industrial building or structure. The additional loading may be the result of replacement or addition to an existing structure or facility, a change in use, or a fifteen percent (15%) or greater increase above the permitted volume or character of the wastewater constituents being discharged. (6) ERUs shall be determined on the basis of the number of single family residence equivalent units with the additional loading or the new use with credit being given for the number of single family residence equivalent units of the original facility. No refund will be given if the change of use results in a decreased sewer loading. Any addition to an existing single family residence which does not result in an additional dwelling will be exempt from additional charge. 7~ The calculation for General Facility Charges for stormwater shall be based on the number of Impervious Surface Units (ISUs) as defined in BMC 15.01.020.. The number of ISUs charged shall be based on the total impervious area divided by the amount of impervious area in an ISU. However, all single-family residential parcels as defined in BMC 15.01.020 shall be one (1) ISU. For commercial developments, wherein the City requires that the development provide for onsite detention, the ISUs charged shall be based on the number of acres (5.4 ISUs per acre). 9 Utility Rates 23 (8~ ~ For non-city residents, all GFCs shall be assessed and paid at the time of execution of the Utility Service Agreement and prior to occupancy of the new or expanded facilities and shall be in addition to rates and other fees, assessments, and charges established for utility service. For city residents, twenty-five percent {25%) of all GFCs shall be paid at the time of issuance of a development {grade and fill) permit and the remaining balance, in addition to rates and other fees, assessments, and charges established for utility service, shall be paid at the time of execution of the Utility Service Agreement. FFF. (b)(-~--) Connection/Inspection Fee. A connection/inspection fee shall be charged for all service connections to the utility system. Additional fees may be charged ifa reinspection is required as a result of the property owner/developer% failure to comply with the correction notice from a prior inspection, inaccessibility of facilities for scheduled inspections, or an unsafe site. The connection/inspection fee or deposit shall be assessed and paid at the time of execution of the Utility Service~,~, ,a'"-eemen~ ^ 10 Utility Rates 24 (c) Change in class of service or ERU assignment. When a change occurs which would place the customer in a different class of service or change the ERU assignment from that on which general facility charges have been paid, an additional general facility charge shall be charged. The additional fee shall be the difference between the general facility charge, calculated at the current rates, based on the current class of service and ERU assignment, and the general facility charge that has already been paid. (d) Wastewater connection agreement. A wastewater connection agreement may be executed between the City of Bremerton and a user who desires to obtain wastewater service for an existing residential or nonresidential structure connected to a septic system. The wastewater connection agreement, negotiated on a case- by- case basis, will allow the user to make payments on any connection fee in excess of $5,000 over a period of time ranging from one to five years. (e) Capital reserves. The general facility funds collected under this chapter shall be deposited in the utilities capital reserve fund and used only for utility system capital improvements. SECTION 7. Appendix A to Section 15.06.015(a) is hereby amended to read as stated in Exhibit A attached hereto. SECTION 8. Severabilit¥. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 9. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. The rates, fees and charges as set forth within Appendix A of this Ordinance shall take effect on November 1, 2004. APPROVED by the City Council the day of ,2004 PASSED by the City Council the day of ,2004 DAREN NYGREN, Council President Approved this day of ,2004 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney 11 Utility Rates 25 PUBLISHED the day of ,2004 EFFECTIVE the day of 2004 ORDINANCE NO. R:\LEGAL\Ordinances~Public Works & Utilities~2004 Rate Ordinance - 08-16-04 - Final2.doc 12 Utility Rates 26 Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE ............ NOVEMBER 1, 2004 Within Outside City Limits 2004 City Limits 2004 GENERAL FACILITY CHARGES Water (For ERU) $ 2~9. ! 2 $ 275.75 Water (per Meter Size) 5/8" x 3/4" $ 2,300.00 $ 2,300.00 1'~' $ 5,750.00 $ 5,750.00 I 1/2" $ 11,500.00 $ 11,500.00 2-- $ 18,400.00 $ 18,400.00 Greater than 2" Calculated based on usage Calculated based on usage Wastewater (per ERU) $ 2'~9.!2 $ 3,482.00 $ 275.75 $ 3,482.00 Stormwater (per ISU) $ 933.00 $ 933.00 OffP.~a~ Rate $ 1,92!.99 $ !,52,..59 Pcr Frgnt Foot $ 25.52 $ 28.29 OffRc.:.dRatc. $ !,27~.25 $ ~ n~A ~o Fronting X~.e ae':.'zr main in .x!z~!aI:z Way. CONNECTION/INSPECTION FEES Water 5/8"x3/4" $ !,527.n. 2 $ 1,715.00 $ 2,29!.12 $ 2,572.50 1" $ !,52!.59 $ 1,848.00 $ -,--'~'*°'~,.-~'~ $ 2,772.00 1 I/2" $ 2,~7'!.85 $ 2,899.00 $ 2,552.27 $ 4,348.50 2" $ 2,~.77.97 $ 3,682.00 $ 2,7!5.~,*, $ 5,523.00 Greater than 2" Actual Time & Materials 150% of Actual Time & Materials Field Inspection Fees Water main extensions (per foot) $ 1.02 $ 1.10 $ 1.53 $ 1.65 but not less than: $ a. 9~o.~.O $ 410.00 $ 5!2.~ $ 615.00 Pump Station $ 525.02 $ 540.00 $ 80',.04 $ 810.00 Miscellaneous (per hour) $ n. 2.88 $ 45.00 $ 6~.~2 $ 67.50 Lateral Connection at P/L $ ~.2.88 $ 45.00 $ ~n..22 $ 67.50 Lateral Connection at Main $ 258.0! $ 270.00 $ '~02.02 $ 405.00 Conveyance Facility Ext. (Per Foot) $ !.22 $ 1.50 $ !.99 $ 2.25 but not less than: $ 22!.~2 $ 325.00 $ ~.82.42 $ 487.50 Pump Station $ 525.92 $ 540.00 $ 89'!.9a. $ 810.00 Miscellaneous (perhour) $ ~.2.E8 $ 45.00 $ 5~..22 $ 67.50 I of 8 Within Outside City Limits 2004 City Limits 2004 RETAIL WATER SERVICE RATES General Service - Monthly Service Charge Meter Size 5/8 x 3/4inches $ 5.2! $ 8.02 $ 7.9~ $ 12.03 linch $ 6.07 $ 9.17 $ 9.09 $ 13.76 1 1/2 inch $ 2.63 $ 13.03 $ !2.97 $ 19.55 2 inch $ !!.59 $ I7.50 $ !7.46 $ 26.25 3 inch $ 22.00 $ 33.22 $ 32.93 $ 49.83 4inch $ ~.0.9'1 $ 61.82 $ 61.52 $ 92.73 6 inch $ ?.5.29 $ 219.39 $ 2!7.92 $ 329.09 8 inch $ 530.2~ $ 800.69 $ 795.~.1 $ 1,201.04 10inch $ !,~93.!9 $ 2,858.72 $ -,~--'* oaa.,7~.v $ 4,288.08 12 inch $ 7,!!g.27 $ 10,749.49 $ m.~,~.~'*o~.~a~$ 16,124.24 Residential Commodity Charge (per HCF) $ 0.77 $ 1. I5 0 - 10 HCF/Month $ 0.87 $ 1.31 Over 10 HCF/Month $ 0.97 $ 1.46 Non - Residential Commodity Charge (per HCF) $ 0.94 $ 1.41 Protection - Monthly Service Charge Service Size I inch $ !0.52 $ 13.67 $ !5.83 $ 20.51 1 1/2 inch $ !5.~3 $ 20.57 $ 23.69 $ 30.86 2 inch $ 29.57 $ 26.75 $ 39.23 $ 40.12 3 inch $ 22.67 $ 29.47 $ ?..90 $ 44.20 4 inch $ 2~1.71 $ 32.12 $ 37.9! $ 48.18 6 inch $ ~.23 $ 40.08 $ ~,6.30 $ 60.13 8 inch $ a.!.9~. $ 53.36 $ 6!.57 $ 80.04 10 inch $ 57.53 $ 74.79 $ 26.33 $ 112,19 12 inch $ ~2.?. $ 106.91 $ 123.35 $ 160.37 Commodity Charge (per HCF) $ 1.53 $ 1.88 $ 2.29 $ 2.82 - For Usage Other Than Firefighting Low-Income Senior and Low-Income Disabled Citizen - Monthly Service Charge Base Charge (per account) $ 5.31 $ 8.02 $ 7.96 $ 12.03 Commodity Charge 0 - 5 HCF/Month-O4114gt4g4t~14i~ No Charge No Charge 5 - 10 HCF/Month $ 0.87 $ 1.31 Over 10 HCF/Month ....... ~, ~t- ......~ $ 0.77 $ 0.97 $ 1.15 $ 1.46 Temporary/Construction Meter Meter Deposit $ !92.!0 $ 105.00 $ !02.10 $ 105.00 Base Fee (per month) $ 6.07 $ 9.17 $ 9.09 $ 13.76 Set Up Fee $ 79.~~. $ 90.00 $ !!9.n. 6 $ 90.00 Hydrant meter (3" Meter) Deposit $ 5!0.59 $ 510.00 $ 5!0.50 $ 510.00 Base Fee (per month) $ !9.09 $ 33.22 $ 28.6~ $ 49.83 Set Up Fee $ 79.fi'~ $ 90.00 $ !!9.46 $ 90.00 Equipment Loss/Damage Actual Time & Materials 150% of Actual Time & Materials Commodity Charge (per HCF) $ 0.77 $ 0.94 $ 1.15 $ 1.41 2of8 Within Outside City Limits 2004 City Limits 2004 RETAIL WATER SERVICE RATES (cont'd) City Parks and Recreation Dept. - Irrigation Cormnodit¥ Charge (per HCF} $ 0.48 3of8 Within Outside City Limits 2004 City Limits 2004 RETAIL WASTEWATER SERVICE RATES Monthly Service Charge Single Family Base Charge (per account) $ ! !.~. $ 18.12 $ !2.5~° $ 20.84 Commodity Charge (per HCF) $ 3.68 $ 4.24 Duplex on 1 Meter or 2 Bldgs on 1 Meter Base Charge(per unit) $ 9.29 $ 14.37 $ !0.°~2 $ 16.53 Commodity Charge (per HCF) $ 3.68 $ 4.24 Multi - Family Base Charge (per unit) $ 9.29 $ 14.37 $ !~.g2 $ 16.53 Commodity Charge (per HCF) $ 3.68 $ 4,24 Commercial I Base Charge (per account) $ 17.51 $ 26.79 $ 20.16 $ 30.81 Commodity Charge (per HCF) $ 3.78 $ 4.34 Commercial II BaseCharge (per account) $ !7.22 $ 27.26 $ 2~.52 $ 31.35 Commodity Charge (per HCF) $ 5.92 $ 6,8 l Commercial III Base Charge (per account) $ !7.5~ $ 27.02 $ 20.22 $ 31.07 Commodity Charge (per HCF) $ 4.85 $ 5.57 Low-Income Senior and Low-Income Disabled Citizen Base Charge(per account) $ 7.35 $ 11.25 $ ~°.n. 7 $ 12.94 Commodity Charge (per HCF) 0 - 5 HCF/Month No charge No charge Over 5 HCF/Month $ 3.68 $ 4.24 Se~tage Disoosal (Per Gallon of Tank Capacity) $ O. 13 $ 0.15 $ 0,13 $ 0.15 4of8 Within Outside City Limits 2004 City Limits 2004 RETAIL STORMWATER RATES Monthly Service Charge Single Family / Duplex Base Charge (per account) $ a..59 $ 5.97 N/A Exception: Duplex with 2 Meters (per account) $ 2.55 $ 2.99 N/A Multi - Family Base Charge (per ISU) $ d.59 $ 5.97 N/A Commercial Base Charge (per ISU) $ ~..59 $ 5.97 N/A Public School Districts (per account) $ ~1.59 $ 5.97 N/A Low-Income Senior and Low-Income Disabled Citizen Base Charge (per account) $ 2.81 $ 3.65 N/A Multi - Family & Commercial Rate Adjustment Water Quality (per ISU) $ ~v.~m ~ ~,j~ $ (0.66) N/A Water Quantity (per lSU) $ ~..~' ¢~$ (1.99) N/A Stormwater Penalty New Multi - Family & Commercial development without on-site detention Charge (per ISU) $ 1.02 $ 1,33 N/A IMPROPER STORMWATER INFLOW RATES The following rates are established for Improper Stormwater Inflow, based upon the stormwater ISU for each lot and adjusted annually on the following schedule: EFFECTIVE DATE RATE May 1, 2002 25% Stormwater Fee for Property May 1, 2003 50% Stormwater Fee for Property May 1, 2004 75% Stormwater Fee for Prope~y May 1, 2005 100% Stormwater Fee for Property After May 1, 2005, the Improper Stormwater Inflow Rate will remain at 100% of the Stormwater Fee for a property unless otherwise modified by the City Council. The fees shall be deposited in the Wastewater Fund (451). 5of8 Within Outside City Limits 2004 City Limits 2004 MISCELLANEOUS FEES AND CHARGES Park Reservation Fee $ 39.~2 $ 30.00 $ 39.~2 $ 30.00 (non-refandable) Office Services New Account (includes water turn-on) $ 20.00 $ 20.00 Account Maintenance $ 5.11 $ 5.00 $ 5.11 $ 5.00 Past DueNotice $ 2.55 $ 2.50 $ 2.55 $ 2.50 Lien Recovery Charge $ !02.!0 $ 100.00 $ !92.!9 $ 100.00 Duplicate Bill Charge $ 1.02 $ 1.00 $ 1.02 $ 1.00 Close Account/Meter Read/Water Service Turn- off $ 25.90 $ 20.00 $ 25.00 $ 20.00 Field Services Pavement Restoration Charge (refundable, if assessed and not required) Asphalt Patch $ 694.00 $ 1,041.00 Concrete Patch $ 894.00 $ 1,341.00. Asphalt Trench $ °.g!5.S0 $ 817.00 $ !,225.20 $ 1,225.50 Concrete Trench $ 2,?.S.29 $ 2,348.00 $ 2,522.'!5 $ 3,522.00 County Road Permit N/A Cost Wet Tapping (Water Main Only)* 8 and smaller-.nc..exclexcavation &backfill $ !,995.92 $ 2,852.00 $ 2,992.55 $ 4,278.00 8"and smaller- serviceto propertyline $ 3,5g~.77 $ 5,746.00 $ 5,279.~5 $ 8,619.00 $" an~ :.mallet ta~ c. nly $ '!.99.98 $ 735. !2 Greater than 8"x 8'~' Actual Time & Materials 150% of Actual Time & Materials *Does Not Include Pavement Restoration Charge Fire Hydrant Installation~ $ /I,Og7.O6 $ 5,! 2 !. 11 ..... *,~ Actual Time & Materials 150% of Actual Time & Materials Water Meter Reinstallation 3/4"& 1" $ 50.2'1 $ 68.00 $ 50.2a, $ 68.00 1-l/2"& 2" $ ?..95 $ 108.00 $ 9'1.95 $ 108.00 3" and greater Time & Materials Time & Materials Water Meter Reactivation $ a. 2.S$ $ 48.00 $ q2.$°-, $ 48.00 Water Meter Tampering Tampering Removal $ I?..77 $ 173.00 $ !?..77 $ 173.00 Tampering Reinstallation Time & Materials Time & Materials Cross-Connection Control Inspection $ ~.2.$~ $ 45.00 $ ~,2.°,gS $ 45.00 Fire Service- Detector, Meter & MXU $ 2!~.5! $ 397.75 $ 3!6.5! $ 397.75 Storz Adapter $ 22!.77 $ 236.00 $ 22:.77 $ 236.00 6of8 Within Outside City Limits 2004 City Limits 2004 MISCELLANEOUS (eont'd) Water Service Turn-off/Turn-on (Customer Request) Regular Hours $ 20.00 $ 20.00 AfterHours $ !97.2! $ 150.00 $ !97.21 $ 150.00 Delinquency Notice $ !9.72 $ 10.00 $ !9.72 $ 10.00 Water Service Turn-off/Turn-on (Delinquent Accounts) Regular Hours $ '~2.ES $ 45.00 $ n. 2.~S $ 45.00 AfterHours $ 107.2! $ 150.00 $ !07.2! $ 150.00 Flow and Pressure Test (Uncertified) 3/4"& l"meters only $ ~.2.gg $ 48.00 $ '~2.gg $ 48.00 I-1/2" &2" metersonly $ ~5.76 $ 87.00 $ $5.75 $ 87.00 Larger than 2" Time & Materials Time & Materials Utility Plant Locates Regular Hours N/C N/C At, er Hours $ 107.2! $ 150.00 $ !07.2! $ 150.00 Emergency N/C N/C Meter Test Fee (based on meter size) 3/4"& 1" $ ?..95 $ 108.00 $ ?..95 $ 108.00 1-1/2"&2" $ !52.!5 $ 148.00 $ 152.~.5 $ 148.00 3" or greater Time & Materials Time & Materials Engineering Services* Plan Check Fees Main Extensions: per foot $ 0.22 $ 0.25 $ ~.?. $ 0.38 BUT not less than $ 277.! $ 214.00 $ 32!.~2 $ 321.00 (Includes hydrants and appurtenances and connection to water system) Pump Stations $ 5~.02 $ 536.00 $ g0~..0~. $ 804.00 Fireline Extension $ g5.75 $ 86.00 $ 128.65 $ 129.00 Irrigation Systems $ ~5.76 $ 86.00 $ 128.65 $ 129.00 System Connections $ 25.75 $ 86.00 $ !2S.~5 $ 129.00 Miscellaneous (perhour) $ ~.2.88 $ 45.00 $ ~..22 $ 67.50 * Fees include original review and one resubmittal review. Additional reviews will be charged at miscellaneous hourly rate (above). 7of8 Within Outside City Limits 2004 City Limits 2004 MISCELLANEOUS (cont'd) Storm Drainage Plan Review Fees ** Preliminary Drainage Plans ResidentiaIDevelopment ,Se 22!.S2 $ 332.00 N/A Non-Residential Development $ ~,.,3~n '* $ 230.00 N/A Plus per ISU $ 19.21 $ 10.00 Final Detailed Drainage Plans Residential Development (per lot) 0- 20 Lots $ 35.7~. $ 36.00 N/A 21 - 50 Lots $ 25.52 $ 26.00 N/A 51 - 100 Lots $ 22.97 $ 23.00 N/A 100+ Lots $ 20/12 $ 20.00 N/A Minimum Charge $ 255.25 $ 255.00 N/A Non-Residential Development per ISU $ 20, a. 2 $ 20.00 N/A Minimum Charge $ 294.20 $ 306.00 N/A Resubmittal Fees First Resubmittal No Charge N/A Subsequent Resubmittal $ 255.25 $ 255.00 N/A Storm Drainage Inspection Fees ** Residential Development (perlot) $ !5.32 $ 15.00 N/A Non-Residential Development (per ISU) $ !5.22 $ 15.00 N/A Minimum Charge $ !53.15 $ 153.00 N/A Conveyance Facility Extensions (per foot) $ 0.77 $ 0.80 N/A Minimum Charge $ 395.30 $ 306.00 N/A Unscheduled Inspections* (per site visit) $ ~2.8~ $ 45.00 N/A *(Unscheduled inspections shall be tracked through the course ora project and billed after the final site inspection. Fees for unscheduled inspections shall be paid prior to final occupancy approval.) ** Does not apply to single family residence or duplex construction on an existing established lot. Utility/Lien Search Fee (Manual)* $ 30.00 $ 30.00 *Search per parcel 8of8 v~/v~/zvv~ Iz:UU I-A~. 4ZO ~.~ 418B EE$ BELLEVUE ~002/017 Economic and Engineering Services 10900 NE; A~, SITeet, S~ite 1110 · Bellevue~ WA 98004 P.O. Box ¶91~9 · Bell.rue, WA 9B009 Phono; A25.452.8100 · Fax: 425.45a..A189 Memo To: Mike Wilson ~_] From: Angio Ssuchez Vimoche Date July 6, 2004 ;Subject:. Water and Sewer Rate Options The rate options for the water and sewer utilities are presented in the following pages. The options are a result of the direction provided by City staffover the last couple of weeks. These options (with' changes ~ncorporated after your review) will be presented at the July 21, 2004 workshop. The rate options are summarized below:. SEWER UTILJ'r Y · Option 1 - Across the board adjustment- This option increases all classes and both components (base and commodity) by the overall adjustment required for the utility in any given year (e.g. 10%, 8%, and 6%). For reference, this option generates approx. 19% fi-om the base cl~rge and 81% from the commodity charge. · Option 2 - Mid range increase on fixed component- This option is intended to be a mid nmge option between option 1 and 3. The fixed charge h~s been set at $15.00 for the single family class. The commodity charge is set to generate the target revenue. All other classes maintain the cr6 ginal proportion to the single f~nily mc. The revenue split is 21% base/79% eornmodity. · Option 3 - All increase applied to fixed component- This option is intended to t~rget a gr~er percentage off,venue from the fixed component than is currently genente~ The commodity charge rernaim at current levels. The revenue split is 33% base/67% commodity. Bill coraparisons for each major customer clans of service have been provided. The bill comparhon is designed to show the annual impact of each option at varying usage levet~. The largest impacts are seen with Option 3 at low usage. This occurs as a result of the base charge comprising a greater percentage of the bill for lower users. The multi-family bill comparison has been generated based on City specific account data provided for a 12-month period for a small, medium and large unit customer. All rate opt/om are designed to generate the annual overall rate adjustment ~eeified. WATER UTILITY vt/w/zuu~ ~z:vu ~&× q~s ~bq 4lBS EES BELLEVUE ~00~/017 tVlI~ORANDUM FOR Mike Wilson July 6, 2004 Page 2 The base m~o~r charge has been maimained between residential and commeroial. · Option 1 - Across the board acljnstment - This option increases all cla~$es and both components (base and commodity) by the ovoall adjustment required for the utility in any given year (c.g. 30%, 15%, and 10%). Meter charge and flat usage charge is unchanged. For refeacnce, this option generates approx. 40% from tho base charge and 60% f~om the commodity charge. · Option 2 - Exiathag structure for commercial, two block consumption rate for resldentifal- The major diff~e'nce between this opt/on and option three is the meter charge. The meter charge for this option has been increased by the overall adjustment (e.g. 30% in 2004). The commodity charge is adjusted to ~e to the target revenue. For commercial eustomem, this option is the same as Option 1. The residential rate is designed so that tho first block is 12 cents lms than thc second block. This is not a great rate differential; however, this option begins to get the concept of conseawafion in place, while making considerations for the large impact of the or,all adjustment to rates that is required. The first block is 0-1,000 cubic feet and over 1,000 cubic feet. Reveame generation is similar to Option 1 at approx 40% based60% commodity. · Option 3 - Similar to the rate structure o! option 2 ~ This option increases the fixed meter charge ba~ed on the oust of service results. The unit cost for the residential class indicated that the fixed mt cost could be increased to be in the range of $8.00 - $8.45. This option inCTesses the 5/8 x 3/4" rate to approx $8.00 and adjusts the commodity charge as necessary to collect the target revenue. All other meter sizes maintain the exisling ratio to the 5/8 x 3/4" rate. Revenue generation is approx 44% bane/56% commodity. Bill comparisons am provided for thc residential clas~ and all othem at va.B, ing usage levels and meter sizes. The "other" bill comparison has only been provided for 2004, a~ the 2005 and 2006 adjuslments are applied across the board to both components. Similar to the sewer utility comparison, option three, with a larger increase to the fixed charge, has a larger impact on the ~maller Users during the first year of thc adjusfanmt, Please review the options provided and provide comment as soon a~ possible. The options can be, refined for the luly 21, presentation or all options can be presented. Thank yon. j --j -- ~ ~ ~ ~o~0~ O~ 0 ~ 0 0 0 0 I01 ~ ~ ~ ~ ~ ~ ~ ~~ O~ ~_~ ~ mo ~ c o ~0 ~ -- ~u -- -- ~ 0 ~ ~ ~ 0 o .~ .~' ~ ~ 00~ 0 0 0 0 ~E~:. pis~iCf~ Neighb0rh0~d Meeting ............ Page iI From: <Tnlzz@cs.com> FILE To: <cgrenier@ci.bremerton.wa.us> Date: 9/4/04 5:49PM Subject: Re: District 3 Neighborhood Meeting Thank you for the invitation to the neighborhood meeting. Unfortunately I have a prior commitment. However, I just wanted to let you know that I attended the Bremerton City Council meeting for the first time last week. I was motivated to go by the article in the newspaper about the proposed utility rate increase. Ithink the newspaper and the handouts available at the meeting were ~O'~i not very useful in explaining why the extra money is needed and how exactly it will be used, I understand the difference between capital and O&M expenses. I also understand that the infrastructure, at a minimum, needs to be maintained and a reserve built for upgrades. What I don't understand is why there is no reserve and that the City wants to build that resen/e by substantially / raising rates in a shod period of time. I am concerned about our elderly residents and others who are on a fixed income. Utilities is not a service that we can choose to do without or go to another provider. I urge you to reconsider the percent rate increase proposed. Thank you. Michelle Miller 35 Rate Increase Questions and Comments * What measures have you taken to cut operating and maintenance cost? *Will any of the increased revenues go to increases for department heads already receiving higher salaries than the mayor? *Shouldn't it be the goal of a public utility to minimize cost and maximize service ? *No matter how much revenue is generated it can always be spent? (Give me million and I can find ways to spend two million) *Private services (cable, natural gas, phone co., etc.) eager to provide hookup to gain more customers base. *No specifics on Capital Improvements that are need/projected. (Only glittering generalities) *Is it realistic to assume no new revenue bonds or will more simply be added later. *Timber is renewable resource, I don't see it appearing in the Capital Improvements side only being taken away from the 0 & M expenses to demonstrate a need for new revenue. Presented by Richard Cook, concerned citizen C~ri~tine G~e-r~i~ ~)~iar~ regardin~'~J~l~ates ............. Page~l I From: Christine Grenier To: Phil Williams ~ / .5 ,vl. Subject: Question regarding Utility Rates . I ~'"./ -- Hi Phil. I received a call from Ida Mae Cooper who requested clarfication regarding the utility rates. ~'dr '7 She would like a response during the Council Meeting, "Whether the proposed rate increases are monthly or bi-monthly?" Thank you, Christine CC: Lori Smith City Counc I - Citizen Concern Page 1 ! From: City Council To: City Council Date: Wed, Sep 15, 2004 4:15 PM Subject: Citizen Concern Mr. George Tillett of District 7 called the Council office today to voice his strong objection to the proposed utility rate increase. (360) 377-3749 Work (360) 479-2830 Home TO: PRESIDENT DAREN NYGREN BREMERTON CITY COUNCIL SEPTEMBER 15-2004 FROM: JOHN A HALL BREMERTON, WASH. DEAR COUNCIL MEMBERS [ WISH THIS LETTER 'FO BE ~AD ~TO THE ~CO~. THIS LETTER 1S IN REGARDS TO THE PROPOSED ORDINANCE (# ABO- ! 81 } RAISING RATES, FEES, AND CHARGES FOR WATER, WASTEWATER, AND STORMWATER SERVICES, ITEM 6-A ON THE COUNCIL MEETING AGENDA FOR SEPTEMBER-15-2004. AS I UNDERSTAND THE PROPOSAL BASED ON THE NUMBERS POSTED IN TODAY'S BREMERTON SUN .THE RATES WOULD INCREASE BY $10.00 A MONTH THIS YEAR, AND BY AN ADDITIONAL $14.00 A MONTH BY JAN Isx 2006. FOR A TOTAL 36 % INCREASE IN A PERIOD OF LESS THAN A YEAR AND 6 MONTHS. THIS IS BASED ON MY MATH AND THE NUMBERS PUBLISHED IN THE BREMERTON SUN. I DON'T REMEMBER ALL THE INCREASES WE HAVE HAD FOR OUR WATER, STORMWATER, AND SEWER OVER THE LAST FEW YEARS, BUT I KNOW IT HAS BEEN TOO MUCH! TO BEGIN WITH, THIS ISN'T A RATE INCREASE, IT IS A TAX INCREASE, AND THE MOST UNFAIR TAX THAT CAN BE ASSESSED. WE CAN'T LIVE WITH OUT WATER AND SEWER. THIS INCREASE WILL BRING THE COST OF THE MOST BASIC NECESSITY TO $960 A YEAR FOR THE AVERAGE HOUSEHOLD. AND WHAT ABOUT THE $1.5 M1LLION A YEAR FROM TIMBER HARVEST THAT WILl_, GO INTO THE CAPITOL IMPROVEMENT FUND? WHAT WILL THAT MONEY BE SPENT ON? IT IS MY UNDERSTANDING THAT %40 OF THE RESIDENTS OF BREMERTON ARE SENIOR CITIZENS. A LARGE NUMBER OF THEM CAN'T AFFORD THIS KIND OF TAX INCREASE. I THINK THIS INCREASE IS OUTRAGEOUS AND AM TOTALLY OPPOSED IT J~OO~A HCEREL~ 09-10-04 Dear City Council Members, I am writing to tell you of my concerns regarding a large increase in water and sewers rates. I have only lived in Bremerton for two years and was shocked by my first hill. In fact I called because I thought there must have been an error! [ have lived in several states and have never paid so much for sewer rates. I read in the paper that Bremerton is being compared to Bainbridge and I think that is like comparing apples to oranges. Just look at the difference in average household wealth. We all want Bremerton to be more attractive and [ know the city is really working on this. There are a lot of run-down properties in Bremerton and they look even worse with the patches of weeds ['or a front "lawn". I know people think the grass will come back with the rain hut it really just greens up with moss and weeds. There are weeds growing in the sidewalk cracks and not cut back. People don't try to maintain their yards because it is already too expensive. It makes Bremerton look shabby whereas a nice flowerbed could improve the look of any worn out property. A lot of the people who live in Bremerton are just getting by as it seems the majority of business (jobs) in town are service or retail industry. As you know these jobs typically pay minimum wage or only slightly better. So people can't pay more. There are many old cities in the world and in the USA that manage to maintain a sewer system without high rates. City, local, state and federal governments have to become more efficient with ['ewer layers and needless complexity. Anyway aren't property taxes supposed to help support and maintain the infrastructure? If utility prices get too high no one will buy those little run-down houses and fix them up and current owners will just let them get shabbier. People won't move here to commute for jobs over the water if there is little to gain such as a lower cost of living. I would ask that you reconsider increasing the cost of water and sewer. Increasing the rates is always the "knee jerk" reaction to solving a problem but just taking more and spending more money doesn't always solve the problem and charging more in this instance may just create a new ones. If there must be more spent and it can't be found in the existing budget then why not consider increasing sales tax on nonessential goods and then those with more money to spend can chip in more. Jeanette Moore 2316 Hast 16th St. Bremerton, WA 98310 From: <Synelesantos@aol.com> To: <citycouncil@ci.bremerton.wa.us> Date: Mon, Sep 13, 2004 11:11 AM Subject: Water and Sewer Rates Hello: I know that you are meeting this evening to discuss an increase in water and sewer rates. I have to tell you that our water bill is a huge burden on our family as it is, We are a one income family with three small children. No matter how much we conserve our bill is always around $150.00. A FORTUNE! This is because of the high sewer rates. If we want to save money in our utility bills, we can leave the lights off or get the smallest garbage can or not make long distance calls. But no matter how short our showers or small our water usage we have a large bill. Why the increase anyway and why the high sewer rates? We pay our bill regularly but we are sometimes late. Recently we were late three weeks...the latest we have ever been - but still not a whole month late. Our water was shut off and we were charged an extra $43.00. The reason we were late was because my husband had to take an unpaid leave of absence for two and a half months. I don't think water should be shut off, at least not without an extended grace period. This is not a service someone can live without. Also, since it is the city of Bremerton, I believe that the "late fees" or "reconnect fees" or the fees they charge to have a man come out and put a late notice on your door should be voted on. I am not the only one who feels this way. I hope that you will take these comments into consideration when you meet this evening. Thank you, Laura Santos 328 Bryan Avenue Bremerton, WA 98312 City C0~r~il - Water & §~v~r~:ea~ee~ ~a~g~ 1~ From: "Richard Sollom" <sollomr@cox.net> To: <citycouncil@ci.bremerton.wa.us> Date: Mon, Sep 13, 2004 1:06 PM Subject: Water & Sewer Increases City council of Bremerton, Water / Sewer Increases. I am Richard A Sollom and have been in Bremerton for all my 51 Years. I own business's in the city and the county along with many apartments and houses. I would like before you decide to increase utility rates to think how you could pay off the debt that our for fathers in council left us instead of going to the people yearly. The sewer plant should not be a continue burden. We pay the highest rates around and should be declining in cost instead of increasing. In my business I cannot pass this cost along, I have tried but our city is sixty percent Iow income and I end up with vacancy which cost us more. Bremerton housing in which we have a few contracts with, does not recognize these cost. They use a rent reasonable in which it beats you down on rents for units that should rent for more. Ptease reconsider any increases, this is another item that adds to the list of everyone else that wants there hand in your pocket and makes me think of selling out in Bremerton and going else were for this business used to be fun and know it is turning into how much more can I get out of you. Thanks for considering. Richard Sollom DATE SUBMITTED: August 31, 2004 BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing on Resolution ;[qqO Committee Meeting Date: September 8, 2005 regarding submission of proposed COUNCIL MEETING Date: September 15, 2004 amendments to the Bremerton Charter to the Department: City Attorney's Office qualified voters of the City of Bremerton Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The proposed resolution directs that proposed amendment to the City Charter be submitted to the qualified voters for approval or rejection. The proposed amendments update and clarify the Charter to provide for more efficient operation of the City government. ATTACHMENTS: Proposed Amendments to the Charter of the City of Bremerton FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: C~Y ATTORNEY: ~ F~ANCE DIRECTOR: FISCA~UDGET: ' ~7~/~ ~5'/7'~ ~.~. ' ' ,~ OPERATIONS: ~ ' COUNC~ PRESIDENT: ~, ~ RECOMMENDED MOTION: I move to pass Resolution No. ~ ~ O to submit the proposed Ch~ter amendments to the qualified voters of the City of Bremerton for approval or rejection. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action Office of the City Attorney Roger A. Lubovich, City Attorney Memorandum TO: City Council Fl'om: Roger A. Lubovich, City Attorney.~-~t:: ~a: Proposed 2004 Charter Changes gate: September 9, 2004 I addition to updating and cleaning up language in the Charter, the proposed amendments to the Charter include the following: Section 3-Definitions 1) Removes definition of"Gender" since "he or she" and "his or her" are now in Charter 2) Defines "Appointive Officer" as the term is used in the charter Section 8-Salary Commission 1) Reduces Salary Commission membership from 5 to 3 2) Changes the term from one 4 year term to up to two 3 year terms 3) Changes the date for the commission to file salary schedule changes from May 1 to July 1 4) Clarifies state law that salary decreases cannot be made during a council members term Section 13-Council Meetings 1) Changes the requirement for council meetings from weekly to a schedule established by Council Section 14-Open Meetings 1) Removes language regarding rescheduling meetings falling on a holiday to be consistent with state law Section 15-Ordinances 1) Removes the requirement that ordinances and resolutions be read in full upon request 2) Removes the requirement that every ordinance have two readings and public hearings 3) Requires Council to reconsider an ordinance vetoed by the Mayor within thirty days of its return to the Council Section 20-Appointive Officers 1) Adds City Attorney as an identified Appointive Officer 2) Removes the requirement that the Fire Chief be the Fire Marshall 37 City Council September 8, 2004 Proposed 2004 Charter Changes Section 21-Appointment and Removal of Appointive Officers 1) Clarifies that the Mayor has sole authority to accept resignations of Appointive Officers Section 23-City Attorney 1) Removes requirement that the City Attorney have no outside practice or clients Section 26-Fiscal Year 1) Adds language authorizing the Council to establish a biennial budget Section 28-Civil Service 1) Reduces Civil Service Commission membership from 5 to 3 Section 31-Civil service Employees 1) Rewrites language defining covered employees and provides that Council instead of the Commission determines who is excluded from coverage Section 41-Claims 1) Provides that tort claims be filed with the City Clerk instead of the Council RESOLUTION NO. g~40 A RESOLUTION of the City Council of the City of Bremerton, Washington, setting forth amendments to the City Charter for submission to the qualified voters of the City of Bremerton for approval or rejection at the general election to be held on November 2, 2004. WHEREAS, the City Charter contains certain provisions that do not promote the most efficient operation for city government and therefore the City Council desires to amend and update the provisions of the Charter; and WHEREAS, pursuant to RCW 35.22.130 and RCW 35.22.280(37), the City Council may propose amendments to the City Charter, and WHEREAS, amendments to the City Charter must be submitted to the qualified electors of the City of Bremerton for approval or rejection; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION L The proposed amendments to the City Charter shall be submitted to the qualified electors of the City, for their ratification or rejection, at the general election to be held November 2, 2004 in accordance with RCW 35.22.160 which amendments shall become effective February 1, 2005 upon passage of this ballot measure. SECTION 2. The Kitsap County Auditor, as ex officio supervisor of Elections, is hereby requested to submit the proposition to the electors of the City of Bremerton of whether or not the proposed amendments to the City Charter shall be adopted as set forth in Exhibit A attached hereto and incorporated herein by reference. SECTION 3. In accordance with RCW 35.22.170, the proposed amendments to the City Charter shall be published in the The Sun at least once each week for four weeks next preceding the day of submitting the same to the electors for their approval or rejection. SECTION 4. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. l 2004 Charter Amendment SECTIONS. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this __ day of ,2004. DAREN NYGREN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk R:~LEGAL~Resolutions\City Council\2004 Char~er Amendment.doc 2 2004 Charter Amendment 40 CHARTER OF THE CITY OF BREMERTON ARTICLE I. Name, Boundaries, Powers, Definitions Section 1 - Name: The corporate name of this City is BREMERTON. Section 2 - Boundaries: The existing boundaries may be changed in the manner provided by law. Section 3 - Definitions: As used in this Charter, unless the context indicates otherwise: (l_g) RCW - Means the Revised Code of Washington, and refers to any subsequent amendments to statutes referenced in this Charter. (~3) Residence - Residence within any territory included in, annexed to, or consolidated with the City is construed to have been residence within the City. (3_4) Shall - Means mandatory. (_4-5)May - Means optional. (5) Appointive Officer - Means those employees appointed by the mayor and confirmed by the Council as established by Charter and by ordinance. Section 4 - Rights and Powers: By and in the corporate name, the City shall have perpetual succession and all powers of a First Class city; may sue and be sued in all courts and proceedings; use a corporate seal approved by its legislative body; and, by and through its legislative body, may contract and be contracted with; may purchase, lease, receive, or otherwise acquire real and personal property of every kind, and use, enjoy, hold, lease, control, convey or otherwise dispose of it for the common benefit. Section 5 - Powers - Itow Exercised: All powers of this City, unless otherwise provided in this Charter, shall be exercised by, through and under the direction of a mayor, who shall be the chief executive and 1 41 Exhibit A admlnistrataradministrative officer, and nine council members who shall constitute the City Council (hereafter referred to as Council): The Council shall serve as aml4~ the legislative body of the City. The Mayor and Council shall be subject to the control and direction of the people at all times by means of the initiative, referendum and recall provided for in this Charter. ARTICLE II. Elective Officers Section 6 - Officers - Election - Term - Qualifications: The elective officers of this City shall be eleven in number: The Mayor and Municipal Judge, who shall be elected by majority vote from the City at large, and nine part-time members of Council, who shall be elected by majority vote from each of their respective districts. No person shall be eligible for election to any City office, unless he or she is a citizen of the United States and has resided in Bremerton for at least one year preceding election, except the Municipal Judge, who need only be a citizen and reside in Kitsap County and licensed to practice law in the State of Washington. No person shall be eligible for the position of council member while holding any other elective public office or otherwise employed by the city. Candidates for Council must also be residents of their respective districts at the time of filing. The Mayor shall continuously reside within the City and Council members shall reside continuously within their district during their elective terms, except as provided in Section 7 of this Charter. The terms of all elective officers shall commence on the first day in January following their election and shall be for a period of four years until their successors are elected and have qualified. In the 1997 election positions 1, 3, 5, 7 and 9 shall stand for election, and remaining positions will stand for election in 1999. Thereafter municipal elections shall be held biennially and the requisite Council members shall be elected for four year terms. Section 7 - Change in Districts: Council may change the boundaries of existing districts by ordinance to make each as equal in population as practicable, so long as redistricting is approved forty-five days before the fourth Monday in July. No change in the boundaries of districts shall affect the terms of any council members; they shall serve out their terms representing the district for which they were elected even though such change of district boundaries may result in more than one council member residing in the same district. 2 Section 8 - Compensation - Reimbursement: (1) The Mayor's and Judge's compensation may be increased during a term of office by ordinance. (2) There is hereby created the Bremerton Citizen's Commission on Council Salaries pursuant to RCW 35.21.015 appointed as provided herein to set the salary and c.ompc.-:aaticm of the Council members. (a) The Commission shall consist of five--(-5)three (3) members who shall be registered voters and residents of the City of Bremerton. No City officer, official, or employee or immediate family member of any City officer, official or employee shall be eligible for membership on the Commission. As used in this section, "immediate family member" means parents, spouse, siblings, children or dependent relative of the officer, official or employee whether or not living in the household of the officer, official or employee. (b) Commission members shall be appointed by the Mayor, subject to approval of Council -m.~r: ...... ~. .... u~. ~e .... :~,~a ~., · ........ ~ mn-7 (c) Each Commission member_s shall be appointed for a-smg4~fq~-{4O-y~ three year staggered terms of office_. Commission members may not be appointed to more than two (d) No member shall be removed during his or her term of office unless for cause of incapacity, incompetence, neglect of duty or malfeasance in office or for a disqualifying change of residence. (e) Upon a vacancy in any position on the Commission a successor shall be seteeted and appointed to fill serve the unexpired term. The ~ appointment shall be the same manner as for original appointments. (f) The members of the Commission shall receive no compensation for their services but shall receive reasonable reimbursement for their expenses in accordance with state law and city ordinance. Staff shall be assigned to the Commission to provide support for its work. 3 43 1~ The Commission authority and responsibility shall be as follows: (a) The Commission shall study the relationship of salaries to the duties of the City Council members and shall fix a salary for each such position by an affirmative vote of not less than a majority of the commission. (b) Except as approved in this section, the Commission shall be solely responsible for its own organization, operation and action and shall enjoy the fullest cooperation of all City officers, officials, departments and employees. The Commission shall have access to all City books, papers, documents and accounts applying or in any way concerning the subject matter of this section. (c) The members of the Commission shall elect a chairperson from among their number every two years. (d) The Commission shall file its initialany change in its schedule of salaries for the positions of City Council members with the City Clerk -~ ~ ..... ~'~- ~'~" l, ma'* ~,.,~ oh.u thereafter fil~, schedule~ by May July 1 st of the applicable later years so as to coincide with the City budget cycle. (e) Eacho~,,-~' schedule o....-~'~' ~.~ ...~c"~" :_ ^~,~: ..... c~ o~.~,, ~. .... :~.~. effective thirty days after filing with the City Clerk. Salary decreases established by the Commission shall become effective as to incumbent City Council members at the commencement of their next subsequent terms of office. Such schedule shall be subject to referendum in the same manner as provided by Section g6-3_~_4 of this Charter. (f) Prior to the filing of any salary schedule the Commission shall hold no fewer than two public hearings thereon within the four months immediately preceding the filing. (g) Signature of the chairperson of the Commission shall be affixed on each schedule submitted to the City Clerk. (g~_) The Mayor, Municipal Judge and Council members shall receive reimbursement for their necessary expenses incurred in the performance of the duties of their office as provided to City management and professional employees. 4 Section 9 - Vacancies - Events Creating: The position of an elected officer shall become vacant upon the occurrence of any of the following events: (1) Death. (2) Resignation. (3) Judicially declared incompetency. (4) Failure to maintain residency as required by Charter. (5) Failure to qualify within two days after the beginning of term. (6) Continuous absence from the City for more than thirty days during a term of office without consent of Council, unless on business of the City. (7) Conviction of or plea of guilty to a felony or to a crime involving moral turpitude, or an offense involving the oath of office. Section 10 - Vacancies -Filling: (1) A vacancy in the office of the Mayor or Council shall be filled for the remainder of the unexpired term, if any, at the next municipal general election. Council or the remaining members thereof by majority vote shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. (2) If, after thirty days have passed since the occurrence of a vacancy, Council is unable to agree upon a person to be appointed to fill a vacancy on Council, the Mayor, shall make the appointment from among the persons nominated by members of Council. (3) If at any time the membership of Council is reduced below a quorum, the remaining members, if any, shall appoint the requisite number of qualified persons to create a quorum who will appoint qualified persons to fill the remaining vacancies. The appointees shall serve until persons are elected to serve the remainder of the unexpired terms at the next available special election for partisan offices unless there is an earlier available general election. (4) If no council members remain, the Mayor shall appoint qualified persons to temporarily fill the vacancies. The appointees shall serve until persons are elected to fill the remainder of the unexpired terms at the next available special election for partisan offices unless there is an earlier available general election. 5 45 (5) In the event all Council positions and the Mayor's position become vacant, the Municipal Judge, or the Governor of the State of Washington if the position of Judge is vacant, shall appoint a qualified person as Acting Mayor. The Acting Mayor shall perform, and appointees shall serve, pursuant to subsection four above. (6) A vacancy in the office of Municipal Judge shall be filled by the Mayor for the remainder of the unexpired term, subject to Council confirmation. Section 11 - Pro Tempore Appointment: (1) Annually at the first meeting of Council, or when needed to fill a vacancy, the members thereof, by majority vote, shall designate one of their number as Council President to serve as Mayor Pro Tempore, to serve at the request of the Mayor, or to fill an unanticipated need in the absence or temporary disability of the Mayor. (2) The Mayor Pro Tempore shall perform all duties of the Mayor in the absence or temporary disability of the Mayor, except he or she may only remove appointive officers subject to Council confirmation after the Mayor has been absent for thirty consecutive days, at which time the Mayor Pro Tempore may remove such persons subject to any applicable law, role, or regulation relating to civil service, with the approval of Council majority plus one. (3) The Mayor may appoint qualified persons to serve as Municipal Judge pro tempore pursuant to RCW 3.50.090. ARTICLE III. Legislation Section 12 - Powers Vested in Council: Council shall have power to organize and regulate its internal affairs, to define the functions, power, and duties of the City's officers and employees; to fix the compensation and working conditions of such officers and employees and establish and maintain civil service or merit systems, retirement and pension systems not in conflict with state law or this Charter. Council may adopt and enforce ordinances relating to and regulating its local or municipal affairs and appropriate to the good of the government of the City, and, pursuant to state law, may impose penalties of fine, or imprisonment, or both, for the violation of such ordinances constituting a misdemeanor or gross misdemeanor as provided therein. Council may provide that violation of such shall constitute a civil violation subject to a monetary penalty. Council shall have all legislative powers possible for a city or town to have under the Constitution of this State. By 6 46 way of illustration and not in limitation, such powers may be exercised in regard to acquisition, sale, ownership, improvement, maintenance, protection, restoration, regulation, use, leasing, disposition, vacation, abandonment or beautification of public ways, real property of all kinds, waterways, stmctures, or any other improvement or use of real or personal property. Such powers may be exercised in regard to all aspects of collective bargaining, in the rendering of social, cultural, recreational, educational, governmental, or corporate services, including operating and supplying of utilities and municipal services commonly or conveniently rendered by cities or towns. In addition and not in limitation, Council shall have any authority given to any class of municipality or all municipalities of this state, such authority to be executed in the manner provided, if any, by the granting statute. Within constitutional limitations, Council shall have within the City corporate limits all powers of taxation for local purposes allowed by state law. Section 13 - Council Meetings - Public Notice of Meeting Agendas: (1) Council shall meet regularly, at least once a month, at such times and locations as designated by the Council ~n~. ..... ~. (2) Council shall meet at a place within the corporate limits of the City, at such times as may be fixed by ordinance or resolution. (3) A majority of Council constitutes a quorum. (4) Meetings of Council shall be presided over by the member selected as Council President. Appointment of a Council President shall not in any way abridge the President's right to vote on matters coming before Council at such meetings. (5) In the absence of the City Clerk or Deputy Clerk or other qualified person appointed by the Clerk, a council member may perform the duties of Clerk at such meeting while retaining rights to participate and vote during the meeting. Section 14 - Open Meetings - Requisites: (1) All meetings of Council and City boards, commissions and committees shall be open to the public except as excluded by 42.30 RCW or this Charter. (2) Conditions for attendance; time and place; procedures for interruption, adjournments, continuances; executive sessions; adoption of ordinances, rules and regulations; and prohibition of secret ballots shall be as prescribed within Chapter 42.30 RCW; ......... ~ ....c ,~.~ ~.~. 7 (3) Council, by ordinance, shall establish a procedure for notifying the public of upcoming open meetings and agendas. Section 15 - Ordinances - Styles - Requisites - Veto: (1) The enacting clause of all ordinances shall be as follows: "The City of Bremerton does ordain". No ordinance shall contain more than one subject and that must be clearly expressed in its title. (2) No ordinance, or any section or subsection thereof, or any municipal code section or subsection, shall be revised or amended, unless the new ordinance sets forth the revised ordinance or the amended section or subsection at full length. (3) All legislation and appropriation of money shall be by ordinance, save where there is a special fund created for a particular purpose; payments from such funds shall be made on order of the Council. ~.~.;~ ........ ,,.,..-~..~: ....... ,..~ .~o,~.,~,.,~.'"':~- o..,~..~un" ~ c ...: ..... ..----.~,:+: .... ,,,.,.a if .~-l,-,~o,~ uuj ......, ...,~..,,~,~.u~- (4) Hearings of ordinances shall be as provided by state law or as designated by Council. Every ordinance shall have one reading except that, upon a request of a Council Member, an ordinance shall have two or more readings unless otherwise directed by the Council. ~: ....... ~, .... ~, ................... No ordinance shall take effect until n,:.~., a ..... ~ .... ~'~ ~ ~f it~ t~ ............. an .......... at least ten days after publication stated in the ordinance, except as provided below: (a) Upon the happening of any non-debatable emergency as enumerated in RCW 35.33.081, Council may adopt an ordinance addressing the emergency or appropriating funds not available in the annual budget to meet it by a vote of one more than the majority of all members of Council, stating the facts constituting the emergency. Such ordinance shall become effective at passage without notice or hearing, but requires subsequent publication in the official newspaper. 8 48 (b) Ordinances addressing public emergencies not specifically enumerated in RCW 35.33.081 or appropriating funds to meet such emergencies which could not have been anticipated in the annual budget, may be appropriated by ordinance declaring an emergency and stating the facts constituting the emergency. Such ordinance shall not be voted on until five days have elapsed after its introduction, and shall require the vote of one more than the majority of all members of Council for passage. Any taxpayer of the City may appear at the meeting at which the emergency ordinance is to be voted on and be heard for or against the adoption of it. The ordinance shall become effective upon passage and publication. (c) Initiative ordinances adopted by the voters of the City shall take effect at the time fixed therein or, if no such time is designated within ten (10) days after the official canvass of the ballots pursuant to state law. (5) Every ordinance that passes Council in order to become valid must be presented to the Mayor. If approved, it shall be signed, but if not, it shall be returned with written objections to Council who shall cause the objections to be entered on the record and proceed to reconsideration thereof within thirty (30) days of return of the vetoed ordinance. If upon reconsideration, a majority plus one of the whole membership favor its passage, the ordinance shall become valid notwithstanding the Mayor's veto. The Mayor's veto with respect to budget measures shall extend to specific items only, and not to the whole budget. If the Mayor fails for ten days to either approve or veto an ordinance, it shall become valid without approval. Ordinances shall be signed by the Mayor and attested by the City Clerk. Section 16 - Ordinances - Authentication and Recording: The City Clerk shall authenticate and record in full in a properly indexed book or file kept for the purpose of retaining all ordinances and resolutions adopted by Council. Copies of such shall be available for inspection by the public. Section 17 - Publication of Ordinances or Summary of Ordinances: Promptly after adoption, the text of each ordinance or a summary of the content of each ordinance shall be published at least once in the City's official newspaper except bond ordinances which may be published by title alone. For the purpose of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of a summary shall include notice that the full text is available from the City Clerk. 9 49 An inadvertent mistake or omission in publishing the text or a summary of the content of an ordinance shall not render the ordinance invalid. Section 18 - City Auditor: 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 Auditing Committee. The Auditing Conunittee shall appoint a City Auditor who shall serve at the pleasure of the Committee. The City Auditor shall only be removed by the majority vote of the entire membership of the Committee sitting as a whole. ARTICLE IV. Administration Section 19 - Duties and Authority of the Mayor: The Mayor: (1) Shall be the chief executive and administrative officer of the City in charge of all departments and employees. (2) Shall see that all laws and ordinances are faithfully enforced and that law and order are maintained in the City. (3) Shall have general supervision of the administration of city government and all city interests. (4) Shall see that all contracts and agreements made with the City or for its use and benefit are faithfully kept and performed, and to this end, may cause any legal procedures to be instituted and prosecuted in the name of the City, subject to approval by majority vote of all members of Council. (5) Shall report to Council, in a public meeting, concerning the affairs of the City and its financial and other needs, and shall make recommendations for Council consideration and action. (6) Shall prepare and submit to Council a proposed budget. (7) Shall be the official and ceremonial head of the City and shall represent the City, except that when illness or other duties prevent the Mayor's attendance at an official function and the Mayor Pro Tempore is unavailable, a member of Council or some other suitable person may be designated by the Mayor to represent the City on such occasion. (8) Shall devote full-time, during business hours, to the service of the City and shall not hold any other public office except notary public. 10 Section 20- Appointive Officers - Duties - Compensation: Tkc a_Appointive officers shall be those provided for by City Charter or ordinance and shall include a City Attorney and City Clerk. The office of City Clerk may be merged with any other compatible appointive office, q'~-~ r::.~ r,u:~ ~.~. ~e t:;~ ~.~.~ ~c ,~ r-:, ity .......................................... y. The author , duties and qualifications of all appointive officers sh~l be a~ prescribed by chaneh ~ ordin~ces, or applicable job description ~nd ~e ........ ,;~. ~c .... :.,: .... v~: - Section 21 - Appointment and Removal of Appointive Officers and Employees - Term: The Mayor shall have the power of appointment and remov~ of all appointive officers and employees, except the City Auditor, City Attorney, Cou~ employees and Council employees, subject to any applicable law, role or regulation relating to civil se~ice. Council employees who sewe at the pleasure of the Council may only be removed by a majority vote of Council sitting as a whole. The head of a depa~ment cr ~r:~. cf *~- ~: ............. by ............. ~ e ............. may be authorized the Mayor to appoint and remove subordinates in such dep~tments or office, subject to applicable union agreements and any applicable civil se~ice provisions. All appointments of City appointive officers and employees shah be made on the basis of ability and training or experience in ~e duties of the position, and in compli~ce with provisions of any merit system applicable to the City. Confimation by Council of appointments of appointive officers ,~ay shah be required ~J .... ~.~_.~.~.~: ..... Appointive officers shah be without a definite term unless a te~ is established for such office by law or ordinance. The Mayor shall have the sole authority to accept the resignation of ~g appointive officer. Section 22 - Oath of Appointive Officers and Employees: Any appointive officer or employee, before entering upon the performance of his or her duties, may be required to t~e an oath or affirmation as may be prescribed by ordinance for the faithful perfo~ance of his or her duties as a condition of employment. Section 23 - City Attorney: (1) Appointment. The Legal Dep~ment of the City shall consist of a City Attorney, -w ........ J ........~ ................... ~ ...... d, and such ........... assistant city attorneys as ~authorized in the budget ',v~l! al?::. All must be duly licensed attorneys of the State of Washington in accordance with state statute or coua role. The City Attorney shall be a full-time in-house City Attomey~ appointed by the mayor and confirmed by the Council~ 11 ....... :'~ ...... : ..... ~:~*~ The City Attorney may be removed by the Mayor, with the concurrence of a majority of Council sitting as a whole, or by Council alone, provided that removal by Council alone shall require a 2/3 vote of the entire Council. The City Attorney may remove ~is ass:'stc, nts assistant city attorneys at his or her pleasure. (2) Duties. The City Attorney shall be legal advisor of all officers, commissions, boards and committees of the City and shall bring and prosecute all actions which may be directed by the Mayor or Council, and defend the City in all actions against it and any action in which the City, any past or present employee, officer, board, committee, or commission is a party as a result of acts or omissions in the good faith performance of the city's business as~,~,~..,..,.~4 ..... ~-~'~ ~-,,o; r-~,~.,~fl.. (3) Special Counsel. Council may at any time ~--~ ..... ~'~- - .... v,,~: ...... ~. retain or appoint special .......................... ; ......... ; .or specific ass nments. ARTICLE V. Finance Section 36-2~4 - Organization: The Mayor shall have charge of finance and shall be responsible for the custody and management of the City assets. Section 27 2_~_5 - Receipt, Custody, and Disbursement of Funds: Al1 payments authorized by Council shall be signed by the Mayor and City Clerk. The City Treasurer shall receive and keep all monies due and belonging to the City, and all trust funds held by the City, and shall keep an accurate detailed account of the same in such manner as to show the exact financial condition of the City. The City Treasurer shall, at the close of each month, report to Council all the monies received and disbursed during the month. Section 25 2_~_6 - Fiscal Year: The City's fiscal year shall be the calendar year. The Council may, by ordinance, establish a biennial budget. Section 2~ 2_27- Public Utilities: (1) The City shall have power to own and operate any public utility and may purchase, construct, condemn or acquire any public utility provided by law, and may make any additions or 12 betterments or extensions of any existing utility, and the provision therefor shall be by ordinance which shall specify and adopt the plan or system proposed and declare the estimated cost thereof. Any ordinance providing for a newly owned and operated utility shall be submitted for ratification or rejection to the qualified voters of the City at a general or special election called for that purpose. Provided, however, that an ordinance providing for the extension, enlargement or improvement of an existing utility shall conform to RCW 35.92.070 and need only be submitted to the voters as required thereby. (2) Nothing in this Charter shall be construed to permit the city of Bremerton to sell all or any portion of any of the real property now owned or hereafter acquired for water supply purposes generally known as watersheds, whether or not currently used for water supply purposes, unless a question of such proposed sale shall be approved by a majority plus one of the council membership or shall have been first submitted to the qualified electors of the city by a majority plus one of the council membership at a municipal general or special election and assented to by sixty percent of said electors voting on such question. (3) The City shall not sell, lease or dispose of any utility lands, systems or parts thereof essential to continued effective utility service, unless and until such disposal is approved by a majority plus one vote of Council. ARTICLE VI. Civil Service Section ~ 28 - Commission, Creation of: There is hereby established a Civil Service Commission of five-three members, who shall be appointed by the Mayor and approved-confirmed by Council, and who shall be citizens of the United States, residents of the City for at least one year preceding such appointment. The currently seated members may serve their current terms. The term of office of such commissioners shall be for three years on staggered terms. Any vacancies in the commission shall be filled by the Mayor and approved by Council for the unexpired term. Any member of said commission may be removed from office for incompetency, incompatibility or dereliction of duty, malfeasance in office, or other good cause after charges in writing have been preferred, due notice given and a full hearing had in Superior Court unless such hearing is waived in writing. 13 53 Section 31 29 - Commission, Rules and Powers: (1) The Commission shall make such roles and regulations for the conduct of its business and to enforce the purposes of this article as shall be necessary and proper. (2) The Commission shall provide for the classification of all employees subject to this Article. (3) All full time paid employees of the Fire and Police departments of the City shall be included under the provisions of this Article, and all existing provisions of state law pertaining to such employees shall be substantially complied with by the Commission. All other full time employees shall be included under the provisions of this Article unless excluded in Section 533__[. (4) The Commission, among other things, shall provide for open competitive examination as to fitness for an eligibility list from which vacancies shall be filled; for a period of probation before employment is made permanent; and for promotion on the basis of merit, experience, and record. Promotional processing/testing fees shall not be charged. (5) Employees within the scope of this Article who are in office at the time of the adoption of this Charter shall retain their positions, unless removed for cause. (6) The Commission, among other things, shall provide for roles and procedures to ensure employees due process in regard to any proposed disciplinary action. Section 32 3_.~.0 - Civil Service Officer: The Commission shall provide for the selection of a civil service officer by the Mayor, with Council confirmation who shall also serve as secretary. Section 33 3._!_1 - C!a:s'.'ficat."zn zfEmployees included in Civil Service: (1) The following employees shall be included in Civil Service: (a) All full time paid employees of the Fire and Police departments of the City unless specifically excluded or exempt by the City as may be provided by law. (b) All other full time employees not exempt in Section 31(2) below. (2) There shall be e,xeepted-exempt from the operation of this article the following: elected officials, appointive officers not covered in Section 31 (1) above, management and professional Ai:fic4e, all non-salaried members of appointive boards and commissions, and any other ............... Councd. employee exemptc~t from the operation of this Article by the r,,,~;~,;_~ · 14 ARTICLE VII, Boards, Commissions and Committees Section 34-32 - Member Residency Requirement: The Mayor shall appoint all boards, commissions and committees established by ordinance or charter, except the Audit Committee, with Council confirmation as required by ordinance. All members of boards, commissions and committees established by ordinance or charter shall be residents of the City for at least one year prior to appointment and eighteen years of age, unless otherwise provided by ordinance. Any member of a board, commission and committee established by ordinance or charter who is not a resident of the City at the time this provision takes effect shall serve out the balance of the term for which appointed. ARTICLE VIII. Recall, Initiative and Referendum Section 35 33- Recall: The holder of any elective office may be recalled and removed from said office as provided in 29.82 RCW. Section _.ag 34 - Initiative and Referendum: (1) The powers of initiative and referendum shall be exercised in the manner set forth in RCW 35.17.240 through 35.17.360. (2) No ordinance heretofore or hereafter enacted by vote of the people shall be amended or repealed by the Council unless such amendatory or repealing ordinance shall be submitted to the qualified electors for their approval or rejection in the same manner as is required by this section in respect to the submission of an ordinance initiated or referred. ARTICLE IX. Franchises Section 3-7-35- Franchises - Term - Renewal: No franchise shall ever be granted for a term longer than ten years, excepting upon a majority vote of the electors, and in no event will a franchise be granted for a period longer than fifty years, nor any franchise be renewed or extended until within two years of the expiration thereof. Section 38-3_~_6 - Franchise - Compensation - Publication: All franchises shall be granted by ordinance and shall specify plainly the streets or other public places or parts thereof to which they apply, and no franchise shall be provided without provision 15 for proper compensation to the City therefor. Council shall adopt such mode of determining the compensation to be paid by such grantee as it shall determine to be reasonable and just. Every applicant for a franchise shall bear all expenses of advertising and submitting the proposed ordinance, including the expense of election, if any. Section 3¢-37 - Franchise - Council Rights: The grant of every franchise shall be made expressly subject to the condition that Council shall have the right with respect to any franchise so granted to hear and determine what are just, fair and reasonable rates, fares and charges for public service unless regulated by the State or Federal government, and to order that only reasonable charges shall be imposed; to require reasonable extensions of any public service system; to make such rules and regulations as may be required to secure adequate and proper service, and to provide sufficient accommodation for the public; to repeal, amend or modify the same; to cancel, forfeit and abrogate the same if the franchise is not operated or exercised in full accordance with its provisions, or any part thereof, or at all; to acquire by purchase or condemnation upon a majority vote of the electors for the use of the City itself or its inhabitants, the property of the grantee at a fair and just value, which shall not include any valuation of the franchise, which shall thereupon terminate. Section 40-38- Franchise - Transfers: No franchise shall be transferred, sold or leased without the consent of Council, under such Pales ...... ~ ......... terms and conditions as the Council may impose. ARTICLE X. Miscellaneous Section 4t-3_.~9 - Legal Continuity: All ordinances and resolutions consistent with this Charter shall remain in effect until amended or repealed or until they expire by limitation. All rights and obligations in favor of or against the City existing at the time this Charter shall go into effectrshall continue without modification. All street and other improvements, all vacations of public streets, alleys or places, all assessments for improvements, all suits and actions in court, all fines and forfeitures and all other matters relating to the City that may have been begun and not completed, shall be completed according to the charter, ordinances and law existing prior to the time this Charter shall go into effect, and all taxes and assessments levied and remaining unpaid when this Charter will go into 16 56 effect, shall be collected as provided by ordinances and laws existing and in effect at the time same were levied. Section 44-40 - Employment Continuity: Whenever by the provisions of this Charter duties and functions are transferred to a different department, board or office, the employees engaged in the performance of such duties and functions at the time this Charter goes into effect, shall be transferred accordingly and be deemed to have been regularly appointed to the respective positions involved in the performance of such duties and functions, until removed therefrom in accordance with the provisions of this Charter. Section 43-4_!1- Report - Requisites of Claim - Time Limitations: All claims for damages for personal injuries or for injuries to property sustained by any act of the City or any officer, agent, servant, or employee, must be v ......... t~ C~unci! and filed with the C'ty~ Clerk '":~':-...,...,. '~'~,..~ ~:,....~ ...... ov ........ :c,~,~ ,,,,v ......... c .... · .... . All such claims for damages must be in writing and verified and must accurately locate and describe the act causing the injury, describe the injury, giving the residence for six months last past of the claimant and contain the items of damage claimed. No action shall be maintained against the City for a claim for tort damages until the claim has been filed with r. ..... :~ ~. ,h~ ~cc.~. ~o; ......~ ~ .... a; ...... h C'ty CI and the time specified by State Law has ..... v ,~,~v ...... elapsed after such presentation. ARTICLE XI. Amendments Section 44-42 - Conform to State Law: Amendments of this Charter shall follow and conform to the procedures set forth in the State Constitution and Laws of the State of Washington. Section 43 - Charter Amended - Effective Date: Amended by a vote of the people during the general election held November 2, 2004 with an effective date of February 1, 2005. 17 57 DATE SUBMITTED: August 31, 2004 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNC1L SUBJECT: Public Hearing on Resolution ,~ qt~ [ Committee Meeting Date: September 8, 2005 regarding submission of proposed ban on COUNCIL MEETING Date: September 15, 2004 fireworks to the qualified voters of the City Department: Fire of Bremerton Presenter: Chief A1 Duke Phone: 473-5381 SUMMARY: The proposed resolution supports a proposed resolution of the county seeking an advisory vote of county residents of whether Kitsap County and each incorporated city enact an ordinance to ban the sale and use of fireworks. ATTACHMENTS: Proposed Resolution rio, FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: //, CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: (--~ ~,~ FISCAL/BUDGET: -' CONSENT AGENDA OPERATIONS: RECOMMENDED MOTION: I move to pass Resolution No. to submit to the qualified voters of the City of Bremerton a proposal to ban fireworks. COUNC1LACTION: ~]Approve [] Deny [~]sTable [] Continue [--I No Action RESOLUTION NO. ~t/]_ A RESOLUTION of the City Council of the City of Bremerton, Washington, in support of a proposed ballot measure calling for an advisory vote regarding banning fireworks in Kitsap County and each incorporated city of Kitsap County. WHEREAS, in accordance with RCW 36.32.120(7), the Kitsap County Board of County Commissioners has authority to hold, at its discretion, an advisory election for the purpose of allowing voters within its jurisdiction to voice their opinions on substantive issues affecting the residents of the County; and WHEREAS, local fire officials have expressed concern over the widespread use of both legal and illegal fire works throughout Kitsap County, and the dangers such fireworks pose to personal safety, property loss and negative impacts to domestic animals and wildlife; and WHEREAS, each year some Kitsap County residents have experienced property loss and personal injuries associated with the use of both legal and illegal fireworks; and WHEREAS, a ban on the sale and use of fireworks within Kitsap County would potentially alleviate problems associated with the widespread use of legal and illegal fireworks within the County; and WHEREAS, it is within the best interest of Kitsap County to allow its citizens to voice their opinions as to whether fireworks should be banned in Kitsap County, with the exception of professional displays; and WHEREAS, the Cities of Bremerton, Port Orchard, Poulsbo, Bainbridge Island have all adopted similar resolutions supporting an advisory vote on the possibility of a local ban on fireworks within their respective jurisdictions; and WHEREAS, the KJtsap County Fire Chiefs Association supports an advisory vote on a potential local ban on fireworks throughout Kitsap County; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby supports an advisory ballot on Tuesday, November 2, 2004 in Kitsap County for the purpose of allowing voters to voice their opinion on the advisory measure set forth in Section 2 herein, which measure affects the residents of Kitsap County and the City of Bremerton. SECTION2. The City Council is in support that the Kitsap County Auditor place upon the ballot for the general election to be held on Tuesday, November 2, 2004, the advisory measure substantially as follows: 55 ADVISORY VOTE ONLY Shall Kitsap County and each incorporated city within Kitsap County enact a local ordinance, consistent with state law, that would ban the sale and use of consumer fireworks as defined in RCW 70.77.136 by anyone other than a licensed pyrotechnic operator? Yes ...................................................................... [] SECTION 3. Severabilit¥. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this __ day of ,2004. DAREN NYGREN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk R:~LEGAL\Resolutions~Fire~Fireworks Ban Resolution.doc 60 ECEIVIED CITY COUNCIL OFFICE" September 14, 2004 Bmmerton City Council 239 Fourth Street Bremerton, WA 98337 Re: Resolution 2941 - Proposed Fireworks Ban Vote Dear Council Members: I am writing this letter in support of Resolution 2941 regarding submitting to the voters of Bremerton the option of a proposed ban on fireworks. Unfortunately, I am unable to be at the City Council meeting tomorrow, as I just received notice of this hearing late today. Attached is a letter I sent to the City Council in ;1,~3 regarding my concerns over fireworks and the damage to my property that year. Thank you for recognizing the importance of this issue and raising public awareness by putting it to a vote of the people. Sincerely, Teresa G. Walker 2703 Maple Street Bremerton, WA 98310 Enclosure July 12, 2003 Bremerton City Council 239 Fourth Street Bremerton, WA 98337 Re: Fireworks in the City Dear Council Members: I live in a high-density area, in a single family home near several apartment buildings in East Bremerton (Maple Manor Apartments, Cedar Glen Apartments, and Parkwood Terrace Apartments). This location is two blocks from the planned Eastpark development. I am writing to ask that you please revise the City ordinance regarding fireworks to prohibit, at a minimum, airborne fireworks in high-density areas. I am asking that this be done to protect the citizens' lives and property and to protect the City from future litigation should injury occur under the current ordinance. From what I observed this last Fourth of July, harm is imminent. Yard Fire. In the early aftemoon of July 4th, I heard a loud "whiz" as an object went past my window, and then the shouts of people. Neighbors across the street had set off some fairly big fireworks that had landed in my yard in r~e places and set fire in each spot. One spot was only four feet from the house wall. My teenager and I hurriedly got the water hose connected and sprayed the fires as strangers climbed over the fence to stomp the grass with their feet. I now have five significant-size bum spots in my yard (pictures enclosed). I celled 9-1-1 and asked that the police tell the people across the street to stop putting off these fireworks, as it was extremely unsafe. I was astounded that the 9-1-1 operator's response was to tell me that it was permitted in the City of Bremerton. I told her it wes not legal to put off fireworks in an unsafe manner that burned your neighbor's property! She then agreed to have an officer investigate. I was not contacted by a police officer, and to my knowledge, no citations ware issued against the persons who damaged my property. Hot ashes on rooftops. It appeared that these neighbors (corner of Fir and Callahan) and others in the area (parking lot of the Parkwood Terrace apartments) continued to put off airborne fireworks that want high into the air until after midnight. This was despite a small yard full of people and a tall (dry) conifer tree a few feet away. I watched glowing embers drift through the air and down onto the tree and onto the roofs and yards of several homes in the area. (These fireworks want high enough to be seen a block away over rooftops.) I was forced to abandon plans and stay at home that evening with the hose ready to protect my dwelling. Fireworks in the Street. As dusk arrived, people began to come out of the apa~,ents and into the street to put off fireworks. It was a very dangerous arrangement. I witnessed parents having their very small children (about three years old) lighting fireworks with matches in the dark in the canter of the read (center of the intersection at Fir and Maple Streets). As vehicles came through the narrow streets with their headlights on, they had to drive very slowly not to hit the children and adults. These care had to drive right over the hot fireworks still shooting sparks in the air, or stop and wait until it died down, and then drive over the hot embers. I was amazed that none of the care caught tire, especially sinca this is near apartment buildings and the traffic is not light. Roman Candle Guns. As if the above were not bad enough, three African American youths (late teens to early twenties) began to have a chase game of "paintball gun" using lit Roman Candle fireworks. These are the type that shoot out a hot exploding ball in timed intervals. Instead of shooting these into the air, these young men were running up and down Fir and Maple streets shooting them at each other, ignoring that other adults and children were present and could have been hit. When one flew over my fenca only a few feet from my teenager and I, I told them this was very dangerous, and to stop or I would call the police. They stopped firing them near my house, but not without shouting verbal insults and ridicule at me. What I witnessed that day was cartainly not an honorable calebration of our Country's independenca from Britain or a remembranca of our heritage. It was a wild blowout, with apparent drunkenness, disrespect for and endangerment of others' lives and property, and a mockery of civility and citizenship - apparently legally sanctioned by the City of Bremerton ordinancas. I respectfully request that the City Council amend the fireworks ordinanca to prohibit airborne fireworks in high-density areas, and to provide a safe, controlled placa for apa~t~ent-dwelling families to share fireworks, such as at a waterfront park. Please protect the citizens you govern. Sincarely, Teresa G. Walker 2703 Maple Street Bremerton, WA 98310 Copy to: Mayor Cary Bozeman Chief Rob Forbes, Bremerton Police Chief, Bremerton Fire Department Maple Manor Apartment Manager Parkwood Terrace Apartment Manager Cedar Glen Apartment Manager Council - Fireworks Ban From: <CRKMSCAT@aoLcom> To: <citycou ncil@ci, bremerton.wa.us> Date: Wed, Sep 15, 2004 9:04 PM Subject: Fireworks Ban Date: Subj: Proposed Fireworjs Ban I think it is critical that as we move this issue to a vote that the problem be adequately documented for this community. At a minimum, I would expect to see the City (who are proposing this) provide specific information as follows: - number of fireworks-related fires requiring Fire Dept intervention; - number of property damage incidents requiring Fire/Police intervention; - number of health related incidents requiring hospital attention; - extent to which illegal fireworks are the cause of the above; and - amount of unplanned budegt expense caused from the above. Far too often, the actions of 1% of the population result in the remaining 99% be penalized through restrictive legislation. And in some cases the issue could have been handled through more efficent enforcement of existing codes. Genreally, I am opposed to politically-correct "feel good" efforts to address the problem of that 1%. But if presented with facts, nor hearsay or generalities then I am enable to supporting something like this ban. If the above data can be provided, so we can see the real impact, then voters will be able to case an appropriate vote. I support community fireworks displays where they can be properly planned and controlled. But I also support the right of families to celebrate holidays together. July 4 is one of those events which families often celebrate in their back yards with fireworks. So I would need to see hard data to support eroding their rights. Further restrictions on the type of fireworks which are causing serios injury and damage might also be an option rather than an outight ban. Firecrackers are an obvious candidate as are roman candles or projectiles that can be fired into the sky or at a house, boat or car or into the woods is another. Color fountains I am not so sure of as they can unction within the confines of backyard. Mark Scott 525 Lebo Blvd Bremerton