HomeMy WebLinkAbout04/01/98 AGENDABREMERTON CITY COUNCIL
239 4TH STREET
BREMERTON, WA 98337
CITY COUNCIL AGENDA
APRIL 1, 1998
CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M.
A. General Council Business
CALL TO ORDER: 5:30 P.M.
A. Pledge Of Allegiance
B. Invocation
CONSENT AGENDA
Items listed below have been distributed to Council members in advance for study
and will be enacted by one motion. If separate discussion is desired on an item, it
may be removed from the Consent Agenda and placed on the Regular Agenda at
the request of a Council member. ''-J'~::~x~.P--'
A. Minutes - March 18, 1998 #AB98-065
5.
6.
7.
CLAIMS/CHECK REGISTERS
COUNCIL MEMBER REPORTS
MAYOR'S REPORT
PUBLIC RECOGNITION - (Comments Limited to 3 Minutes)
NEW BUSINESS
A. Budget Adjustment - ReqUest For Bremerton Kitsap Access
Television For Third Camera And New Control Room
B. Intergovernmental Agreement With Kitsap County To
Construct A Composting System
C. Bid Award - Corrosion Control And Fluoridation Facility
Do
SR304 Transportation Improvement Project: Agreement
With Washington State Department Of Transportation To
Provide Funding For Right-of-Way Acquisition
#AB98-066
#AB98-067
#AB98-068 ..~ ~
#AB98-069 4 3
QUESTIONS FOR THE MAYOR
WHAT REVISED CODE OF WASHINGTON (RCW), OR WHAT ARTICLE OF THE
WASHINGTON STATE CONSTITUTION PERMITS THE MAYOR OF BREMERTON TO
APPOINT A PAY COMMISSION TO SET CITY COUNCIL SALRIES?
NOTE: THE MAYOR SHOULD ASK THE CITY ATTORNEY WHAT PART ARTICLE XXVIII
SECTION 1 OF THE WASHINGTON STATE CONSTITUTION PLAYS IN THE MAYOR
APPOINTING A CITIZEN'S PAY COMMISSION.
WHAT STATE LAW (RCW), BREMERTON MUNICIPAL CODE, OR ARTICLE OF THE
WASHINGTON STATE CONSTITUTION FORBIDS THE CITY COUNCIL FROM ANSWERING
QUESTION FROM A CITIZEN ABOUT FUTURE PAY INCREASES?
THE MEMORANDUM (PARAGRAPH 3) DATED 03/26/98, FROM CITY ATTORNEY GLENNA
MALANCA, ADDRESSES ARTICLE XXX SECTION 1 OF THE WASHINGTON STATE
CONSTITUTION. QUESTION: WHAT DOES THE LAST SENTENCE OF PARAGRAPH 3
(WHICH STATES UNSOLICITED INVOLVEMENT IN THE COMMISSION'S PROCESS COULD
BE INTERPRETED AS ATTEMPTING TO INFLUENCE COUNCIL COMPENSATION), HAVE
TO DO WITH ARTICLE XXX SECTION 17
BASED ON THE MEMORANDUM (PARAGRAPH 3) DATED 03/26/98, FROM CITY
ATTORNEY GLENNA MALANCA, DOES THIS MEAN THAT EIGHT (8) OF THE CITY
COUNCIL MEMBERS VIOLATED THE LAW BY ANSWERING THE PAY COMMISSION
QUESTIONAIRE LAST YEAR?
CONSIDERING THAT THE MAYOR TAKES AN OATH OF OFFICE THAT REQUIRES YOU TO
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DEL KNAUSS
139 OLYMPIC AVENUE
BREMERTON, WA 98312
PHONE: 377-4425
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT':· MINUTES - MARCH 18, 1998
FOR AGENDA OF: APRIL 1, 1998
ORIGINATING DEPT: City Council
ORIGINATOR: David Farr, President
DATE SUBMITTED:~3-z~-gs
2. ~: (comment on back
if necessary)
ENDORS EME~NT IN FORMAT ! ON
MAYOR
APPROVED B1r COLrNCIL ~SI~D~-~R, SUBMITTAL:
COUNCIL PRESIDENT~~ ~ ^
4. SUMYakRY STATEMENT AND REOUIREMENT FOg COI~CIL AcTION:
8. RECOMMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORC~42KNT OFFICIAL:
.EXPIRATION DATE:
REV%EW DATE:
PUTJ, ED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED ~DISAPPROVED
..DATE
AMENDI
· CLEARANCE COMMENTS
NON-PASSAGE:
-STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTTM RESOURCES:
TAPES #1532, #1533
UNAPPROVED DRAFT
CITY COUCIL MEETING MINUTES
MARCH 18, 1998
The regular meeting of the City Council of the City of Bremerton was called to
order in the City Council Chambers, 239 4th Street, Bremerton, Washington,
Wednesday, March 18, 1998, at 5:30 P.M., with Council President David Farr
presiding. Council members present were Jim Reed, Carlos Montgomery, Carol
Arends, Mike Shepherd, Lon Overson, John Law, Cecil McConnell, and Wayne
Olsen. Aisc present were City Attorney Glenna Malanca and Deputy City Clerk
Paula Johnston.
The meeting opened with the Pledge of Allegiance led by Council President Farr
and invocation given by Reverend Richard Stone of Bremerton Unity Church.
President Farr made the following announcement(s):
(1) The City Council held a Study Session prior to the Council meeting to
discuss general Council business.
(2)
The City Council held a Study Session from 5:05 - 5:25 P.M., in the
Council Conference Room. The topic of discussion was "Suquamish
Tribe's Chico Creek Watershed Project".
(3)
Immediately following the City Coundl meeting Council will hold a
15-minute Executive Session to discuss a "personnel" issue.
(4)
The City Council will hold a Study Session on March 25, 1998,
immediately following the City Council meeting, in City Council Chambers.
Topic of discussion: Kitsap County Comprehensive Plan/Growth
Management/Urban Growth Areas - Kitsap County Commissioner Phil
Best
Paula Johnston, Deputy City Clerk, announced Agenda Item 3C had been
pulled off the Agenda.
CONSENT AGENDA
A. Minutes of Meeting - March 4, 1998
#AB98-050
B. Professional Services Agreement with Kitsap #AB98-051
Peninsula Visitor & Convention Bureau
TAPES #1532, #1533
City Council Reg. Mtg. Minutes
March 18, 1998
Page 2 of 18
D. Professional Services Agreement with Bremerton
Area Chamber of Commerce
E. Professional Services Agreement with Kitsap County
Historical Society
#AB98-053
#AB98-054
#0062 M/S/C/U(McConnell/Montgome~) Motion to approve the Consent Agenda
as presented.
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW
42.24.080, and those expense reimbursement claims certified as required by
RCW 42.24.090, have been recorded on a listing that had been made available
to the Council
#0086 M/S/C/U(Montgomery/Olsen) On March 18, 1998, the Council does
approve for payment those vouchers included and further described as follows:
217835 through 218040 in the amount of $519,262.78; and Regular Payroll for
the period ending March 15, 1998, in the amount of $707,764.48.
COUNCIL MEMBER REPORTS
Mr. Olsen announced the public is invited to an Arbor Day celebration on April 4,
12:00 noon, at the northern end of the Warren Avenue Bridge (former site of
Scotch broom). Access will be via Clare Blvd., and Hemlock Avenue. The area
is bordered by the Bremerton Parks Department building and the Bremerton
Convalescent Center. The State Department of Natural Resources will be
awarding the City with the nationally recognized "TREE CITY USA" award. Two
volunteer groups, Youth Volunteer Americorps and KJtsap County Youth At Risk,
will plant trees and shrubs. The Statement Department of Transportation
donated plant materials and trees for this beautification project in addition to a
grant from the National Tree Trust. This is the first step of a five-year plan to re-
vegetate all of the right-of-way on the Warren Avenue Bridge. Questions
regarding this event can be answered by Jim Trainer, Urban Forester in the
Parks Department (478-5305).
Mr. McConnell emphasized the importance for members of the public to attend
the City Council's Study Session on March 25, 1998, immediately following the
City Council meeting. This will be a joint meeting between a Kitsap County
Commissioner, the City Council, and possibly the Bremerton Planning
Commission. He emphasized the Growth Management Act will have a large
impact on the City, County and all residents in those areas.
TAPES #1532, #1533
City Council Reg. Mtg. Minutes
March 18, 1998
Page 3 of 18
Mr. Law reported on March 17, 1998, he held a District #3 Neighborhood
Meeting where residents had an opportunity to hear guest speaker Russ Hauge,
Kitsap County Prosecutor. Following Mr. Hauge's presentation there was
interesting discussion on issues ranging from parking and its challenges to home
detention monitoring. The next District ~3 Neighborhood Meeting will be held
April 21, 1998, with the guest speaker being the Design Engineer for the new
Manette Bridge.
Mr. Shepherd announced the next District #5 Neighborhood Meeting will be held
March 26, 1998, 6:30 - 8:30 P.M., at Memorial Lutheran Church. The program
for that meeting will include Captain Joe Hatfield, Bremerton Police Department,
discussing Police issues and ansWer any questions; Bob Tulp, Public Works
Operations Manager, giving an update on street conditions in District #5; Virgil
Elkington and Tom Dorton will lead a discussion on parking strips and sidewalks;
and there will be a review of the "To-Do-List. Refreshments for that meeting will
be provided by Hardson Red Apple. He noted an interpreter for the hearing
impaired will be available at that meeting. Mr. Shepherd announced the City of
Bremerton Citizen Environmental Committee and City staff will host a Water
Quality Open House on March 28, 1998, 10:00 AM - 2:00 P.M., at the Public
Works and Utilities Operations Center. Puget Sound Naval Shipyard will also
have a display on their efforts to clean up shoreline along Sinclair Inlet.
Mrs. Arends thanked two City of Bremerton Animal Control Officers for their
efforts in rescuing a stray dog from her yard today. The dog is a young female
spaniel mix (white with brown spots) and if an owner is not found, it will be
available for adoption through the Animal Control Department.
Mr. Montgomery apologized to residents of District #8, who attempted to attend
a meeting on March 17, at the Bremerton School District Office, that was
canceled. He was out-of-town when it became known that there were scheduling
conflicts for several individuals involved with that meeting.
Mr. Reed referenced a newspaper article in today's "SUN" that talked about
elected officials from several cities meeting in Poulsbo to discuss Kitsap County's
Comprehensive Plan and its affect on those cities. He did not agree with the
statement that the meeting started and stopped with an impasse. He believes
the Study Session, scheduled for March 25, 1998, immediately following the City
Council meeting was a direct result of the March 17 meeting. He noted
Commissioner Garido intends to meet with the Port Orchard City Council and
Commissioner Endresen was scheduled to meet with the City of Poulsbo
Council.
Mr. Farr reported he attended a presentation on Olympic College's kick-off
funding raising to cover the remaining costs to replace and update the college
TAPES #1532, #1533
City Council Reg. Mtg. Minutes
March 18, 1998
Page 4 of 18
Library that was damaged in a past winter storm. At a later date, the College will
make a presentation before the City Council in a Study Session.
M~YOR~ S REPORT
Mayor Lynn Horton announced the Bremerton School District's and the
Bremerton Police Department's Drug and Alcohol Committee are sponsoring a
Parent Party Patrol (a question and answer period) on March 26, 1998, 7:00
P.M., at the Bremerton High School Auditorium. Also participating at that
meeting will be representatives from the Liquor Control Board, local law
enforcement officials, insurance company attorneys, and an Emergency Room
nurse.
Mayor Horton read the following Proclamation:
(1) MARCH 25, 1998 - KITSAP WATER FESTIVAL, which was accepted by
Mindy Fohn, Public Works and Utilities Water Resources Division. She
reported this is the 4th year of the Kitsap Water Festival. This event will host
1,000 4th grade students from Kitsap County schools for a whole day at
Olympic College. The program includes presenters, exhibits, outdoor
activities, and assemblies. The City of Bremerton has been an essential part
of the festival and the organizing committee appreciates and recognizes the
City's commitment to this event. She asked if anyone knew the percent of
fresh water available on this earth?
BREMERTON ROTARY DONATION TO CITY FOR THE EXPANSION OF
EVERGREEN PARK
Mayor Lynn Horton referenced a news article in today's SUN newspaper
announcing the Bremerton Rotary Club's donation of $100,000 towards the
expansion of Evergreen Park. Mayor Horton introduced Ron Pinckney,
President Bremerton Rotary Club. Ron Pinckney stated he was accompanied
by Carl Kramer, Past Rotary President, who was responsible for getting this idea
started and Jerry Read, President-elect effective July, who will take on this
commitment and see it through. He also pointed out other Bremerton Rotary
members within the Council Chambers, i.e. Spencer Homing, Roger Home and
Councilman John Law. The Bremerton Rotary Club is comprised of 112
members, mostly Bremerton business people, who strongly support the
Bremerton community. They have watched with approval and excitement and
anticipation many very positive things happening in Bremerton both through the
City itself and other components, such as the School District and Puget Sound
Naval Shipyard. Rotary tries to make contributions to things that will help the
community as often as possible. This year the Rotary Club contributed funds to
complete the playground at Kitsap Elementary School, which serves in the
absence of a neighborhood park. They also contributed $30,000 to the Olympic
College Library Replacement Fund to help make it more than just reconstruction
of what it was, but to improve it and give Bremerton and Olympic College the
TAPES #1532, #1533
City Council Reg. Mtg. Minutes
March 18, 1998
Page 5 of 18
"first class" library that is deserved by extension makes Bremerton a better place
to live too. Approximately three years ago, the City announced the intent to
improve and expand Evergreen Park. At that time, their club took an interest in
the project because it is an important element in what he would call the "renewal
of Bremerton". By improving an area that currently is in a condition that detracts,
it will go a long way improving the image of Bremerton both from the outside and
from within the community. Over these past months, they have periodically
checked in with the Parks and Recreation Department and Mayor Horton to get
an update on what the City was doing in the way of park enhancement/expansion
at Evergreen Park. From past experience, the City does have the opportunity to
apply for grant funds and they see Rotary's donation as a way to leverage more
dollars through matching grants that are; warranted based on community
involvement and frequently are a multiple of whatever financial contribution might
come. They understand there are no guarantees that will happen, but it did put
them over the top in their decision making that they felt this was a great
opportunity to get more "bang for their buck" and hopefully the City of Bremerton
will be the recipient of that "bang". He envisions the day when he can be driving
north on Pacific Street to 11th Street and look down on Smith Cove and see
beautiful emerald green park land that will draw people to it. This week the
Rotary Board authorized pledging $100,000 to the City of Bremerton for the
renewal and expansion of Evergreen Park. He noted this donation equals or
exceeds the largest donation the Bremerton Rotary Cub has ever granted for
Bremerton in its 57 years, which is an indication of how important they see this
project.
Mayor Horton gratefully accepted the Rotary's donation of $100,000. She also
sees this as an opportunity to use the Rotary's funds to leverage grant funding
greater than the $300,000 ceiling in past years. The City of Port Angeles was the
recipient of a one million-dollar grant for aquatic land preservation. From past
experience, the City has learned the importance of community involvement in
projects that involve grant applications. City applies for grant funding. This
$100,000 is a true commitment to the Community and support for this park
project. A meeting was held with Mr. Shepherd to talk about some housing
opportunities that would start construction by year-end that would be a catalyst
for other housing opportunities around Smith Cove. Another spin-off benefit
would be if the city is fortunate to get grant funding, the Rotary donation could be
used for improvements in another park within the City, i.e., VVhite's Blueberry
Farm, etc. that is equally as needy for park facilities. Mayor Horton introduced
Roger Home, representing Failure Analysis, whose firm has been working with
the City and the Department of Ecology to address environmental concerns.
RoRer Home, Failure Analysis Associates Inc., explained they have been
studying the environmental problems in the industrial area of Smith Cove, i.e.,
soil sampling, lab work, developing reports. They have met frequently with the
State Department of Ecology (DOE); and last week DOE provided comments on
TAPES #1532, #1533
City Council Reg. Mtg. Minutes
March 18, 1998
Page 6 of 18
the last technical report that Failure Analysis submitted. A meeting was held with
DOE to resolve the comments made so that now the City is in a position to move
forward. Another meeting with DOE is scheduled for March 19, 1998, which will
involve the State legal side and the City. He anticipates once that issue is dealt
with the City should be ready to make use of those grant funds. He emphasized
this is a very positive project and it has the State's support. Mayor Horton
extended a special "thank you" to all of the members of the Bremerton Rotary
Club for their contribution.
Mayor Horton announced one of the issues discussed at the City Council Retreat
on February 28, 1998, was the formation of a Citizens Advisory committee to
review the City's Ethics Code. Due to heavy work schedules, she felt it was not
possible to put this committee together until after April 1. Anyone interested in
serving on that committee can apply through her office.
President Farr thanked the generosity of the Bremerton Rotary Club and noted
the citizens of Bremerton are indebted to them. Mr. Shepherd also extended his
"thank you". The seed money for the rebuilding of Evergreen Park is the
beginning of a fondly held dream for many District #5 residents.
PUBLIC RECOGNITION
Carol Atkinson, Bremerton Main Street, thanked everyone, who participated in
the St. Patrick's Day Parade on March 14, which was well attended and it was a
sunny day. She acknowledged the parade sponsors: Puget Sound Beverages,
Tim Ryan Construction, and THE SUN. She thanked April Chandler for the
newspaper article in the Neighbor's section of today's SUN. She also thanked
the U.S. Bank and Washington Mutual Bank for allowing the use of their parking
lots for a staging area. She acknowledged the support of the Bremerton Police
Department and the KCR Americorps. She'also thanked Council members John
Law, Wayne Olsen, Mike Shepherd for attending. She extended a special "thank
you" to Councilman Cecil McConnell for serving as Grand Marshal, Lois McFatter
for being the Honorary Grand Marshal, Bob Winters for announcing the parade,
all the contest winners, and the Knights of Columbus for their service as Color
Guard.
Del Knauss, Bremerton resident, stated last week he handed out a
questionnaire concerning City Council salary; however, the City Attorney advised
them to not answer Mr. Knauss' inquiry. He felt he should have been notified,
either by the Council Office or the City Attorney's Office, that Council members
were advised not to respond to his questions. He formally submitted, in writing,
the following question to the City Attorney: "Why have you advised the City
Council not to answer the attached questionnaire (questions he asked last
Wednesday)? Which law, RCW or BMC did she base her decision?" He
reminded the City Council that last year they answered similar questions for the
TAPES #1532, #1533
City Council Reg. Mtg. Minutes
March 18, 1998
Page 7 of 18
Council Salary Commission, which were made available to the public. The
questions he asked were the topic of discussion at the Commission's last
meeting in a public open forum. In regard to the Commission, he was concerned
when one of the members stated they don't really care whether the Council gets
a pay raise as long as the position of President receives a substantial pay raise.
David Chivis, volunteer with the Roxy Theatre, announced the Theatre is
featuring a Silent Film Festival March 21-22, and funds from that event will
benefit the Kitsap County Historical Museum. An upcoming event at the Theatre
will be a community-wide Talent Show.
Susan Brown, Bremerton resident, referenced a 'comment that she heard
Councilman Montgomery make at Council's Retreat on February 28, 1998,
regarding who would serve on a citizens advisory committee to review the City's
Ethics Code. It concerned her that he made the following statement: ..."that
there wasn't anyone in Bremerton that was qualified to be on the Ethics
Committee". She wanted Mr. Montgomery to clarify his statement at this time.
Mr. MontQomerv stated he did not recall saying those words, however, he would
review the tape recording from that meeting. Mrs. Brown cautioned Mr.
Montgomery to be careful what he says. She used the example of what
happened when Mayor Horton used a slang word in front of THE SUN's Editorial
Board that was interpreted differently than what she meant. Mrs. Brown felt Mr.
Montgomery's comment was very disrespectful to the people of Bremerton and
she believes there are capable people in the City. She would like Mr.
Montgomery to apologize for his remarks, if he finds that he did make them.
Glenna Malanca, City Attorney, stated the City Council has a rule that personal
complaints, especially those of a derogative nature against any official or
employee of the City shall not be discussed at a Council meeting. Mrs. Brown
asked if that was what she was doing? She believed she was responding to
something she heard at a public meeting.
Don Larson, President Kitsap Diving Association. Encouraged the City Council
to participate in the Sinclair Inlet clean up event on April 18, 1998, 11:00 AM,
starting at the boardwalk and extending to Evergreen Park. On that same day,
volunteers are also needed to help enhance the shoreline along Lions Field. He
also encouraged Council to consider a marine protected area along the
waterfront. He noted the bottom fish stocks in Washington are in serious trouble.
Edmond's Waterfront Park is one of the shinning examples of where divers can
see large and great quantities of fish. A point of contact for marine protected
areas is Mary Lou Mills of the Washington State Department of Fish and Wildlife
at milIsmlm@VFW.WA. GOV or (360) 902-2834. He handed out a flyer published
by a San Juan Island County group that is working to establish a marine
protected area.
TAPES #1532, #1533
City Council Reg. Mtg. Minutes
March 18, 1998
Page 8 of 18
Officer Derrick Chandler, Department of Defense Police, extended an invitation
to the City Council to attend the first annual Hoopin It Up Basketball Tournament
on March 20 at Olympic College, and March 21, and 22 at Bremerton High
School. The Bremerton Police Department and the Department of Defense
Police sponsor a Police Explorer group, which is for youth ages 14-20. Two
Explorer members handed out passes for the Hoopin It Up Tournament to the
Council members. Officer Chandler explained the Explorers volunteer their time
in the community and receive training in law enforcement practices and
procedures, civil leadership, etc. The Hoopin It Up Tournament is a fund raising
event. Anyone interested in donating to this event can call Officer Chandler at
476-2165 or Officer John Neal, Bremerton Police Department - 415-8575
8A- REAPPOINTMENT OF BILL ROBINSON TO THE BREMERTON
PLANNING COMMISSION, #AB98- 055
The term of Bill Robinson on the Planning Commission will expire April 1, 1998.
It is recommended he be re-appointed to another term.
Mayor Lynn Horton stated Mr. Robinson has served three years on the
Planning Commission and is currently chairing the Commission; and he also
serves on the City's Audit Committee. She noted he takes a very pro-active role
on the Planning Commission. She urged Council to approve the reappointment
of Bill Robinson to the Planning Commission.
Public comment - none.
Mr. Overson stated he has been acquainted with Mr. Robinson for a number of
years and found him to be a super Engineer and individual, and a great
contribution to the City's Planning Commission.
Mr. Mont.qomery commended Mr. Robinson for volunteering to serve and doing
an outstanding job on both committees.
Mr. Shepherd pointed the need for committed volunteers to serve on City
Boards and Commissions. He also acknowledged the fact Mr. Robinson will be
helping to make the future of the Bremerton community through the Planning
Commission portion.
Mr. Olsen stated he and Mr. Robinson served together on the Planning
Commission and he would describe him as a forward leader. At times they
would disagree over issues, but Mr. Robinson always had a reason for his
opinion. He agreed the City could use more people like Mr. Robinson.
Mr. Reed stated he serves on the Audit Committee with Mr. Robinson, admired
several of his decisions, and disagreed on others. He finds Mr. Robinson to be
/0
TAPES #1532, #1533
City Council Reg. Mtg. Minutes
March 18, 1998
Page 9 of 18
an upstanding citizen and he will support the Mayor's recommendation to
reappoint him to the Planning Commission.
#1517 MISlClU(ArendslOverson) Motion to confirm reappointment of Bill
Robinson to the Planning Commission.
Vote on Motion: In Favor: Montgomery, Reed, Arends, Shepherd, Farr,
Overson, Olsen
Abstain: Law, McConnell
Motion carried.
Mr. Robinson thanked the Mayor and Council for their support. He has enjoyed
serving on the Planning Commission over the past three years where they have
had lots of interesting discussions. He believes the Commission has made some
differences in some areas of the City and hopes to continue to do so. As
chairman of the Planning Commission and speaking for Commission members,
he thanked the City Council and Mayor for the support they receive. That
support gives the Commission an idea of their goals, agendas, and what the
Mayor is trying to do for the City. He believes the Commission is in full
agreement with that focus and attempting their very best in spite of some
contentious issues. A new Commissioner was seated at their last meeting, who
is an ex-Ambassador, and he too supports the City and what the Council and
Mayor are trying to achieve.
8B - ELECTRONIC MONITORING AGREEMENT WITH THE WASHINGTON
ASSOCIATION OF SHERIFFS AND POLICE CHIEFS, #AB98 - 056
The City intends to increase its use of home monitoring both in response to the
over-crowding of the county jail, and as an alternative to the high cost of
incarceration. Electronic home detention is a process that allows for confinement
of defendants in their homes for a specific period of time, in lieu of jail, or as an
enhancement to community supervision, and monitors their activity on a
prescribed schedule.
The court estimates approximately 15-20 defendants per month may be eligible
for home detention. The contract with the Washington Association of Sheriffs
and Police Chiefs provides for a cost of $5.75 per client per day for radio
frequency only, and $8.75 per client per day for RF and breath. This price
includes equipment, maintenance, training, one-way shipping, and monitoring
devices.
The City will be hiring a part-time temporary employee to review applications for
home monitoring, make recommendations to the Court regarding eligibility, meet
with the defendant to install the home monitoring bracelet, monitor compliance
reports, and follow-up with the defendant and court as necessary.
TAPES #1532, #1533
City Council Reg. Mtg. Minutes
March 18, 1998
Page 10 of 18
Police Chief Paul Du Fresne stated the Summary Statement explained the
program and at this time the City has access for these services through the
Kitsap County Sheriff's Office. Through consultation with the City's own Court
and Police officers, it was deemed desirable to have those services readily
available.
April Chandler, Reporter for THE SUN, asked if it was true that people are
having to "take a number" and wait for a vacancy before serving their jail time in
the County Jail? Chief Du Fresne explained the jail overcrowding situation has
been critical over the past several months. A recent report indicated that in
February the jail population was averaging 270 inmates per day and the jail was
originally built to house only 200 inmates. That condition has made it difficult for
the Bremerton Police Officers to get people into jail that had a warrant out on a
misdemeanor infraction. It also makes it difficult for Municipal Court to schedule
defendants that have been convicted or plead guilty to serve their time or have
responsible service back to the community. He sees the Electronic Monitoring
Program as an alternative to simply not attending some consequence for some
people.
Roy Mclnnis, Bremerton resident, stated he recently read in the newspaper
where another City had a $15.00 per day charge for this same service and
questioned why the City would be only charging $13.00 per day? He also
questioned how that charge would be collected once the program is
implemented? Chief Du Fresne stated he could not respond to the difference in
charges through the County Sheriff's office. The fees of $13.00 are for costs that
have been determined for the City's use of that equipment on a daily basis. The
City will only be charged for the days that it is in use. The City will bill, in
advance, those defendants that are financially able to pay because it does
provide an opportunity to not go to jail and only certain people will qualify for the
program, i.e. those not threatening to the community or likely to damage the
equipment, etc. That collection will be done at the Court Clerk's Office. In some
jurisdictions, as an alternative to going to jail, a defendant can agree to opt for a
longer pedod of home detention than if placed in jail. He anticipates having this
program ready for implementation within 2-3 weeks.
Mr. Montgomery stated several Police Officers related to him the circumstances
where they have put someone in jail in Port Orchard expecting them to be held
behind bars, but in fact that actually beat the Police officer back to Bremerton
upon his return. On Sunday, a person was arrested in his neighborhood for
breaking into a garage and the Police Officer had to call ahead to the Jail to
determine if they had space to hold him. He hoped this home detention method
would free up enough room so that those that should be in jail are incarcerated
and not free to roam the streets.
TAPES #1532, #1533
City Council Reg. Mtg. Minutes
March 18, 1998
Page 11 of 18
Mr. McConnell asked if the City would be using the equipment described in
Section III Compensation and Method of Payment..."The City agrees to pay
WASPC the sun of $150.00 each month for each Drive-BI unit provided? Chief
Du Fresne explained that was a unit that the City would probably not use. Some
jurisdictions place those units in Police vehicles, which allow the Police Officers
to drive by a convicted person's residence and determine their location within
that structure. Those systems are used for more high-risk people that may be on
home detention for minor felony charges. Mr. McConnell questioned if the
Inventory Cost of $3.85 was a one-time charge? Kathleen McCluskey, Director
of Administrative Services, stated based on her discussion with the Sheriff's
Department, that charge is being waived and she recommended that the two
paragraphs referenced by Mr. McConnell be stricken from the contract. Mr.
McConnell stated at the District #3 Neighborhood Meeting on March 17, 1998,
Russ Hauge, Kitsap County Prosecutor, talked about the home detention
program including the Drive-BI monitoring equipment. Chief Du Fresne stated
he also believes that particular equipment has been used for pre-incarceration
defendants or people that are awaiting appeals or going to trial. Since the
Bremerton Municipal Court handles only cases of misdemeanors and civil
infractions, there would be no need for that level of monitoring. However, it may
be advantageous for Kitsap County Courts to utilize that level of service.
Mr. Overson stated he does not support this program and views it as a "bad
idea" based on the fact that it would be used for people that should be in jail for
committing crimes. On close scrutiny, this program is essentially the same as
letting people out on the streets to do what they like because there is no real
monitoring. The City's Police Department does not have the resources to
monitor properly. He was very concerned that it will provide people with an
opportunity to recommit crimes that could end up with the City being sued. Not
long ago in Kitsap County a heinous crime was committed by an individual on
work release. He sees this as another example how something like that could
happen. It is also a tendency toward leniency for a situation where it should be
the exact opposite and there are lots of victims because of this leniency
approach. He would like to see something done more strongly reverse the crime
situation.
Mr. Law concurred with Mr. Overson and hoped this would be more the drunk-
driving group than the ones committing domestic violence acts. He questioned if
those charged with domestic violence would be allowed on this program? Chief
Du Fresne stated the decision as to who qualifies to be offered this option of
home detention will be made by the Municipal Judge after review of a request by
either the Prosecutor or Defense Attorney. He doubted those charged with drunk
driving would be allowed to use home detention since State law requires them to
serve a jail sentence. The ability for Bremerton Police to put people in jail for
TAPES #1532, #1533
City Council Reg. Mtg. Minutes
March 18, 1998
Page 12 of 18
violent crimes is critical and even for less violent crimes it is getting critical
because there isn't a place to put them. He was very doubtful that this program
would ever be used for someone who had committed a violent crime. If there is
appropriate jail space, they would be put into that facility for their crimes. This
program is proposed because there is not adequate jail space, not because of
any wish to avoid people paying the consequence for committing a crime. Mr.
Law stated he would support this proposal, but was apprehensive about
someone feeling threatened by an individual that was on the home detention
program thereby possibly having the opportunity to disable the equipment. In
answer to Mr. Mclnnis' concern, the City may be "stiffed" by someone for $5.00
per day, but that is better than the $57.00 charge at the County jail.
Municipal Court Jud.qe James Docter stated he doubted anyone promoting
this program disagrees with Mr. Overson. Ultimately, his response would be
"build me a jail", which is truly the alternative that he would prefer, but the City is
not financially able to do that at this time. With regard to the type of crime, Chief
Du Fresne and he serve on a committee that works with the Kitsap County
Judges and law enforcement officers to prioritize who goes into the County jail
both from a municipality level and the County level. That is an important and
necessary aspect of this whole equation because he will be putting people on
home detention, who he cannot get into the County jail. If the jail decides that
domestic violence misdemeanants are acceptable there, then they will not be on
his program. If the sub-committee or the jail decides that domestic violence
misdemeanants will not be among those included in the jail, then they will be
included for home detention. The current situation is he cannot get anyone into
the jail for a commitment; however, they can be arrested. He noted that upon
their arrest drunk drivers and domestic violence defendants are held in jail for a
brief period of time to allow a cooling off period, to sober up, or until they can
come before a Judge. The home detention program will at least give him a way
to confine someone, who would not otherwise be confined due to limited space in
the County Jail.
Chief Du Fresne pointed out if someone cuts their "bracelet" and chooses to
leave their residence, they will have committed a felony. He can get someone in
the jail that commits a felony and the City will process charges against anyone
that disregarded the monitoring system, and they will know that at the time they
are set up on the system.
Mr. Olsen agreed with Mr. Overson's and Mr. Law's concerns; however until a
larger jail facility is constructed he views this as a viable option.
#2648 MISIC(MontgomerylMcConnell) Motion to approve agreement with
WASPC for electronic monitoring devices and monitoring as mended by deleting
the paragraph addressing the cost of Inventory under Section
TAPES #1532, #1533
City Council Reg. Mtg. Minutes
March 18, 1998
Page 13 of 18
Vote on motion: In favor: Reed, Montgomery, Arends, Shepherd, Farr, Law,
McConnell, Olsen
Opposed: Overson
Motion carried.
8C - BUDGET ADJUSTMENT REC~UESTS FOR STAFFING CLERK'S
OFFICE~ #AB98- 057
The Tax & License Division of the Clerk's office has an Office Assistant ! position
that was recently vacated. In order to better serve the public at the main counter
of City Hall, we would like to reclassify this position to an Accounting Assistant !
so that all cashiering services can be offered at this station. This can be
accomplished with current budget appropriation. The Civil Service Officer has
reviewed the proposed duties of this position and determined that Accounting
Assistant ! is the most appropriate.
Kathleen McCluske¥, Director of Administrative Services, stated the benefit of
this proposed change would enhance customer service, handle cashiering and
act as a back up to the other cashiers, i.e., vacation, sick leave, or times of heavy
workloads. President Farr asked if this means Bremerton is moving forward
with one-stop bill paying? Mrs. McCluske¥ gave an affirmative response.
Public comment - none.
Mr. McConnell questioned if this change created any problem with the Civil
Service Commission? Mrs. McCluskey stated no, the City's Civil Service Officer
has reviewed this proposal and preliminary steps were taken prior to its coming
before the Council to develop the Job Description, which has been approved by
her. The next step will to take it through a posting process. Mr. McConnell
stated cross-training has been recognized as a way to make any kind of
operation more efficient and he wholeheartedly supports this action and would
like to see it used in more areas where it can be accomplished in the City.
Mr. Overson complimented staff on this progressive change and positive attitude
toward customer service.
#2906 MISICIU (Arends/Montgomery) Motion to approve Budget Adjustment
#98-4, reclassifying Office Assistant ! to Accounting Assistant ! in the Tax &
License Division.
8D - CONTRACT 360t ADDENDUM - KITSAP COMMUNITY RESOURCES
FOR BREMERTON COMMUNITY SERVICE WORK PROGRAM, #AB98 - 058
In 1995, the City entered into a contract with Kitsap Community Resources
(KCR) wherein KCR agreed to manage the City of Bremerton Community
TAPES #1532, #1533
City Council Reg. Mtg. Minutes
March 18, 1998
Page 14 of 18
Service Work Program. The program provides that defendants convicted in
Bremerton Municipal Court are directed to the Community Service work program
to perform a specific number of hours of labor for the City in lieu of jail or fines.
This addendum renews the Agreement with KCR for an additional 1-year term,
and amends the scope to include weed abatement services coordinated through
the Department of Community Development.
Kathleen McCluskey, Director of Administrative Services, pointed out one
change to the Addendum to the Contract, Section III - deleting the following
sentence: "The City will also reimburse KCR up to $1,000.00 for tools and
supplies." The City's budget does have another $1,000.00 available in addition
to the $12,000 and $1,000 previously identified, but it is not a reimbursement
amount. The amount will be used by the City to purchase needed supplies and
materials and maintain ownership. This program stated in 1993 or 1994 with
contracted retired Police Officers running the program. At that time, the City paid
approximately $20,000 per year. In 1995 the City contracted with the Kitsap
Community Action Program (KCAP) at a cost of $5,500.00 per year and was part
of the Americorps Program. Americorps picked up some of the cost, which
carried on to 1996. In 1997 KCR (formerly KCAP) submitted a proposal, at a
cost of $1,000 per month to the City for those services. The cost of the program
for 1998, is at the same $12,000 per year with additional funds for insurance.
The annual report for 1997 revealed that 396 workers were referred to the
program with about 50% complete the program. Upon checking with other
communities, Bremerton's percentage of workers completing the program is
similar to other jurisdictions. The amount saved in Jail time was over $20,000
and the amount saved in Court cost and fees that would not have been paid
because these were indigent individuals amounted to approximately $20,000.
Public comment - none.
TAPE #1533
Mr. Overson stated he strongly endorses this program and the results of earlier
research have indicated it is one of the most successful programs in the whole
judicial system and an opportunity to turn people around. David Boynton~ KRC,
agreed with Mr. Overson and the numbers of people completing the work are
increasing. One of the positive aspects has been relocating the services away
from City Hall and the location of the old City jail. Also, with KRC being a social
services agency, the community service workers can access other services they
might need, i.e. WICK Program, Housing Program, Weatherizing Program,
Readiness to Work Program, etc. He is not seeing as many people repeating,
except for those that may not have shown up on their assigned day. He views
this program as a win-win situation not only for the individual that Chooses to
accept that responsibility, but it also helps KRC and the community. The work
being done is visible to the community, i.e., clean sidewalks and alleys, etc. He
TAPES #1532, #1533
City Council Reg. Mtg. Minutes
March 18, 1998
Page 15 of 18
also believes that the individuals take more pride in their community now that
they have had a hand in making it more attractive.
President Fan' extended his thanks to Mr. Boynton. He has heard only positive
comments about this program and Mr. Boynton's supervision. He questioned if
this program was involved in removing graffiti? Mr. Boynton stated yes.
approximately 150 - 200 pieces of graffiti per year have been removed and that
work is on a continuing basis. The prioritized items are: removal of graffiti, yard
abatement, and sidewalk/street/alley cleaning. He noted' many individuals have
volunteered for other KRC projects after they completed their community service
hours. So far in 1998, approximately 600 hours of service have been completed
in January and February.
Mrs. Arends asked what happens to those who do not show up to complete their
assignment? Mr. Boynton explained their paperwork is reverted back to the
Court and the Judge has the opportunity to issue a Bench Warrant to have that
person arrested and brought back before him. Judge Docter stated if the
paperwork is returned to the Court, there are two options: (1) summons the
person in if they believe they will show up in response to the summons; or (2)
issue a Bench Warrant. Either way the person is back before the Court or is
placed in jail, if the jail will accept them. The individuals are given the opportunity
to explain why they did not show up on the assigned day, in some instances
those excuses are accepted, and a new date assigned. If the individual does not
have sufficient funds to pay off their fines, the only option he has is community
service. Mr. Boynton pointed out the program is managed just as if it were a job
assignment in the sense if they don't show up then they are terminated; however,
if they call in sick or some other extenuating circumstance, they may give the
individual a few more days to set things in order and give them another
opportunity to complete the work assignment.
Mr. Montaomery stated he discussed this program with Judy Johnson, Interim
Director of Community Development, and she was pleased to have the help to
manage the Yard Abatement Program. He questioned the number of individuals
that actually show up a second time, if they were a no-show the first time? Mr.
Boynton stated the ones that complete their prescribed time might be seen
again on some other pending court case that occurred during the time frame
when they were going the system. Judge Docter stated he also gets a feel for
those that would be good candidates for this program and are responsible
enough to complete it. He also sees others coming back through the Court
system 2-3 times and it is apparent they will not comply with the directed
assignment.
TAPES #1532, #1533
City Council Reg. Mtg. Minutes
March 18, 1998
Page 16 of 18
Mr. Overson complimented the Bremerton voters for electing a quality Judge.
This kind of program works because the Judge is willing to work to make the
system successful.
#0250 MISICIU (Overson/Shepherd) Motion to approve the contract addendum
with Kitsap Community Resources.
8E - BUDGET ADJUSTMENT FOR THE LEGAL DEPARTMENT~ #AB98 - 059
The administration and staff have determined that it is in the best interest of the
City to increase the level of professional staff in the Legal Department. It is
believed that increasing City staff in this area and relying less on outside counsel
will provide better service to City departments, the Mayor, and City Council at a
lower overall cost.
Glenna Malanca, City Attorney, stated prior to September 1997, Council
authorized % time Assistant City Attorney. She initially filled that position and is
now vacant. After review of some of the outside Counsel costs, which she
considered astronomical for the City, she determined it was worth an attempt to
fill the position with a full time person, who would be devoted to two issues: (1) to
take some of the outside Counsel work costing between $75-180.00 per hour;,
and (2) Code enforcement. This request involves transferring funds from the
outside counsel services to a full time in-house Assistant Attorney ($21,500).
Public comment - none.
Council members McConnell, Mont.qomery, Arends, Shepherd and Olsen
stated their support of this proposal based on the heavy workload the City
Attorney is currently carrying, legal services will be more readily obtained by
Council members and Administrative staff, a cost savings would be realized and
allows flexibility when circumstances change.
#0410 MISICIU (Arends/Olsen) Motion to approve Budget Adjustment Request
No. 98-5.
9A - PUBLIC HEARING ON ORDINANCE (FIRST READING) AMENDING THE
OFFICIAL ZONING MAP FROM "FOREST MANAGEMENT" TO "SF-2" TO
CORRECT A 1989 OMISSION AFFECTING A PARCEL NEAR GORST,
#AB98 - 060
In 1989, Puget Western, Inc. acquired a 20-acre parcel of City Utility surplus
property in the Gorst area. The City Council approved a rezone from "Forest
Management" to "Low Density Residential" to allow development of the property.
However, the approved Rezone was never recorded on the City's Official Zoning
Map, which continued to show "FM". This oversight was brought to our attention
in late 1997, and staff initiated this Rezone to correct the Zoning Map to show the
TAPES #1532, #1533
City Council Reg. Mtg. Minutes
March 18, 1998
Page 17 of 18
zoning that was approved in 1989. The Planning Commission reviewed this
proposal, and recommends City Council approval. The Council must conduct a
Public Hearing prior to its final decision and action on the Ordinance.
Ron Hough, Department Of Community Development, stated in 1989, Puget
Western was negotiating with the City of Bremerton for the acquisition of a 20-
acre parcel of City Utility-owned surplus property on the south side of Highway 3
in the Gorst area. Part of the proposal was to rezone the parcel for light
industrial use. At the same time, an adjacent ten-acre parcel was being
considered for annexation.
Due to steep terrain, unstable soils, and other factors, the industrial zoning
proposal was not well received. The City received strong opposition from the
Kitsap County Board of Commissioners and from the Director of Kitsap County
DCD. As a result, the City Planning Commission recommended that the property
be zoned for Iow-density residential. The City council agreed in November 1989
and Puget Western acquired the property with "SF-2' zoning. The smaller 10-
acre parcel was never annexed.
The zoning action was considered part of a larger acquisition and annexation
package and the annexation files were never completely closed. As a result, the
Official Zoning Map was never updated, although the Rezone had been
approved.
No activity occurred on the Puget Western property for several years. In 1995,
the City adopted its new GMA Comprehensive Plan and followed later with a
revised Zoning Map that was consistent with the Plan. Neither the new Plan nor
the new Zoning Map included the SF-2 zoning that was approved for the subject
property in 1989. The property continued to be viewed as City utility land and
zoned "Forest Management".
Since 1989, the City of Bremerton had not taken any action to change the zoning
of this parcel back to "Forest Management". Apparently an oversight occurred in
1989 when the Zoning Map was not immediately amended to show the new SF-2
zoning. Because of this oversight, City staff is recommending a "correction of
error" action to correct the Zoning Map.
Public comment - none.
President Farr asked if any Council member believed their participation would
conflict with the Appearance of Fairness doctrine, and headng none all Council
members were seated.
TAPES #1532, #1533
City Council Reg. Mtg. Minutes
March 18, 1998
Page 18 of 18
#1023 M/S/C/U(Montgomery/Shepherd) Motion to approve Ordinance on first
reading, amending the Official Zoning Map of the City of Bremerton, Washington,
for a single parcel south of Highway 3 near Gorst.
President Farr thanked the TV camera crew for their services: Robert Neal,
Carl Heard, David Saunders, and Mike Peebles.
With no further business meeting adjourned at 7:20 P.M.
PAULA JOHNSTON, Deputy City Clerk
DAVID FARR, City Council President
City of Bremerton
P J/DF/me
cc: Normal Distribution
FileNault
~GENDA BILL
BREMERTON CITY COUNCIL
SUBJECT: Budget Adjustment
Request for Bremerton Kitsap
Access Television for third
camera and new control room
FOR AGENDA OF: April 1~ 1998
ORIGINATING DEPT: Admin. Services
ORIGINATOR: K. McCluskey
DATE SUBMITTED: March 26. 1995
P~: (comment on back 3.
if necessa~
Treasurer
Fiscal/Budget~~~F~0~.c~-~--=~
Operations
Budget Adjustment Request
Revenue Worksheet
ENDORSEMENTZ I~~I ON
SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION:
A budget adjustment is required for allocating Bremerton Kitsap Access
Television (BKAT) funding for additional expansion of the city council
chamber equipment upgrade that includes the third remote camera and the
control booth conversion. The funding source is the retroactive County
reimbursement to the City for 1997 BKAT operations.
RECOMMENDATION:
Motion to approve Budget Adjustment #
q -q
RESPONSIBLE OFFICIAL: Admin. Svcs.
ENFORCEMENT OFFICIAL: Admin. S¥cs.
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE:
Citizen's For Safe Water
P. O. Box 493
Bremerton, WA 98337-0120
1 April 1998
Bremerton City Council Members,
We request you delay voting on and awarding the contract for
construction of the planned Corrosion Control Facility (CCF).
Recently learned information indicates there were three tests
done to determine the lead content of water at the faucet in houses
in Bremerton. The first and third tests indicate a 90% probability
that lead levels are within tolerance. The second test was not
quite clear and appears to be inconclusive. This does not seem to be
a basis for justification for installing the CCF and adding another
chemical to our water. People are wanting to avoid exposure to
chemicals, not adding more chemicals.
Both Kathleen Cahall, of the Water Department, and Mr.
Samply, of the Public Works Department, have indicated the CCF is
needed because Bremerton's water is so soft that it leaches lead
from piping installed in the houses. It is planned to add lye (sodium
hydroxide, caustic soda - commonly known as Drano) to at least the
water from Casad Dam. Mr. Samply also said that when fluoride is
added to the water (itta,~_pears 8remerton will use fluosilicic acid),
more lye will have to~ded to the water. This indicates that the
reason for adding lye may be as a buffer to prevent the fluosilicic
acid from creating much damage to the water system. Great
damage has been proven and known to occur in many water systems
where t~ use a fluoride base acid and don't add a buffering agent
such as _~ or lime. Even with the addition of a buffering agent,
there is damage to water systems and an increase in lead at the
faucet. About 1993 Tacoma, Washington had a lead content of 0.035
PPM (the allowable upper limit is 0.015 PPM). When
fluoridation system failed and fluoride was not being added to the
water, the lead content dropped to 0.017 PPM. A definite indication
that fluoride leaches lead from water systems.
The information provided so far does not indicate a need for a
CCF and definitely should not be a reason to spend more of
8remerton taxpayers money on an unneeded project. Please delay
award of the CCF contract.
All persons interested in and who want more information
should call 377-7206. I will repeat the number - call 377-7206.
Also call this number if you are interested in collecting signatures
to put the fluoridation issue to a vote of the people.
Paul Drnjevic
IgGENDlg BILL
BRERERTON CITY COUNCIL
SUBJECT: Budget Adjustment
Request for Bremerton Kitsap
Access Television for third
camera and new control room
FOR AGENDA OF: April 1~ 1998
ORIGINATING DEPT: Admin. Service~
ORIGINATOR: K. McCluskey
DATE SUBMITTED: March 26~ 199~
me
~: (comment on back 3.
if necessa~
Treasurer
Fiscal/Budget
Operations
Budget Adjustment Request
Revenue Worksheet
MAYOR ~ ~' COUNCIL PRESIDENT
4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION:
A budget adjustment is required for allocating Bremerton Kitsap Access
Television (BKAT) funding for additional expansion of the city council
chamber equipment upgrade that includes the third remote camera and the
control booth conversion. The funding source is the retroactive County
reimbursement to the City for 1997 BKAT operations.
RECOMMENDATION:
Motion to approve Budget Adjustment #
in the amount of $16,482.92.
and chan~ order #1
RESPONSIBLE OFFICIAL: Admin.' Svcs,
ENFORCEMENT OFFICIAL: Admin. Svcs,
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE:
AMENDED
11. AGENDA BILL NO:
2. CLEARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont.!:
IMPACT ON NON-PASSAGE:
Further enhancement of the council chamber equipment upgrade will not
occur.
IMPACT ON STAFFING, BUDGETS, FACILITIES~ EOUIPMENT OR OTHER RESOURCES
BKAT Budget will reflect correct allocation of funding from City and
County.
7. RESEARCH SOURCES:
Requesting Department:
CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
ADMINISTRATIVE SERVICES Adjustment Number:
98-9
I Approval Authority Required:
["'~mreasurer
SOURCE OF FUNDS:
Increase:
BKAT Revenues
[-'~Mayor F
25,000
Fiscal & Budget
USE OF FUNDS:
Increase:
Supplies & Services
Capital
r-~C°uncil I
5,000
20,000
NARRATIVE:
SEE ATTACHED
Department Head Si~lnature
Treasurer Comments:
Date
Director Si~inature ~)
Date
Recommended
Mayor Comments:
Not Recommended
Treasurer's S,~lnature
Date
Recommended ['---]
Approved r'---]
Not Recommended
Denied
FisCal & Budget Committee Comments:
Mayor's Si~inature
Date
Approved ['---"] Denied
Fiscal & Budget Committee Signature
Date
BUDGET ADJUSTMENT 98-9 NARRATIVE
During the 1998 budget process there were funding elements of BKAT that were still unknown.
Since then the City and County have entered into a governmental service agreement and the
County has reimbursed the City for 1997 BKAT operations (August thru December). This
budget adjustment reflects this additional revenue and projected revenue that will be received
throughout 1998 from the County for government services. It also transfers to Administrative
Services funds to pay for the projected City expenditures for completing the City Council
Chambers equipment upgrade, including the third remote camera, expanding the chambers control
room capability and providing supplies for City public access purposes.
BKAT BUDGET:
1998 Budgeted Revenue
County pass through
County governmental services
City pass through
City governmental services
Total Budget:
REVENUE WORKSHEET
$57,600
-0-
20,800
30,000
$108,400
1998 Revenue Adjustment
County Pass through
County Governmental services
City Pass through
City govermental services
$57,600
15,000
20,800
15~000 <move $15,000 to Administrative Services
for city access purchases only>
Total: $108,400
ADMINISTRATIVE SERVICES BUDGET
From BKAT budget for city access purchases only
County reimbursement for August, September 1997
Total:
Capital $20,000
Supplies 5,000
$15,000
10,000
$25,000
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT: Intergovernmental Agree-
ment with Kitsap County to construct a
composting system
FOR AGENDA OF: April 1, 1998
ORIGINATING DEPT: Parks & Recreation
ORIGINATOR: Jim Spencer, Dir.
DATE SUBMITTED: March 24, 1998
2. CLEARANCES:
(Comment on back if necessary)
Parks & Recreation Director:~v~
City Treasurer."~
EXHIBITS:
1. Intergovernmental Agreement (KC-101-98)
2. Budget Adjustment Request
3. Conditional Operating Requirements Plan
ENDORSEMENT ~/ INFORMATION
APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
KJtsap County has provided an Intergovernmental Agreement that makes funding available that will enable the City to build a
composting system for use by the Bremerton Parks and Recreation Department to compost vegetative/organic waste originating
in our Park system. The cost of the project is not to exceed $10,000. A composting structure will be built in Stephenson
Canyon adjacent to the nursery. The composted product will be recycled to the benefit of City Parks and land.
RECOMMENDATION:
That the City Council authorize and direct the Mayor to enter into the Intergovernmental Agreement with Kitsap County that
establishes a composting system in Stephenson Canyon and approve the associated budget adjustment.
RESPONSIBLE OFFICIAL: Tom Cressman
ENFORCEMENT OFFICIAL: Jim Spencer
EXPIRATION DATE: December 31, 1998
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE:
AMENDED
ll. AGENDAB[LL #: q ~-
2. CLEARANCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
The City will not be able to build the composting facility in Stephenson Canyon.
IMPACT ON STAFFING, BUDGETS~ FACILITIES: EQUIPMENT OR OTHER RESOURCES:
Minimal impact to staff to initiate the program. The structure will be built by contracted forces. A budget adjustment and
assignment of a project number for the Parks Maintenance section is necessary.
7. RESEARCH SOURCES:
N/A
INTERGOVERNMENTAL AGREEMENT
KITSAP COUNTY '-
CONTRACT NUMBER: KC-101-98
This Agreement, entered into, l~y, and between Kitsap County (hereinafter referred to as the COUNTY) and the City of
Bremerton (hereinafter referred to as the CITY), WITNESSES THAT:
WHEREAS, the COUNTY is the lead agency for solid waste planning as required by Chapter 70.95 RCW; and,
WHEREAS, the COUNTY is therefore eligible to receive funding from the Coordinated Prevention Grants (CPG)
program administered by the Washington State Department of Ecology; and,
WHEREAS, the CITY has the right to request the COI.FNTY to include their needs in that application; and,
WHEREAS, the Washington State Department of Ecology has approved CPG funding for the project requested by
the CITY;
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the
parties hereto a~ee as follows:
FUNDING
The total funds to be disbursed to the CITY for the agreement period shall not exceed ten thousand dollars
($10,000).
AGREEMENT PERIOD
The effective date of this AGREEMENT shall be the date it is executed by both parties. The AGREEMENT period
shall be upon signing through December 3 l, 1998.
SERVICE PROVISIONS
Funds provided to the CITY under this AGREEMENT shall be used solely for activities undertaken to fulfill the
requirements of the Kksap County Comprehensive Solid Waste Management Plan and to implement the CITY's
CPG request as described in ATTACHMENT: SCOPE OF WORK, which, by this reference, is made a part of this
AGREEMENT.
REIMBURSEMENT PROVISIONS
The CITY shall submit an invoice voucher quarterly to the COUNTY during the progress of the terms of this
AGREEMENT. Upon completion of the scope of work for the contract period, the CITY shall submit an invoice
voucher to the COUNTY for the balance of the funds specified in this AGREEMENT by no later than December
31, 1998.
NONASSIGNABIL!TY
Neither this AGREEMENT, nor any claim arising under this agreement shall be transferred or assigned by the
CITY.
.,RECORDS AND DOCUMENTS
The CITY shall maintain books, records, documents and other evidence of accounting procedures and practices
which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this
contract. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly
authorized by law, rule, regulation, or contract. The CITY will retain all books, records, documents, and other
materials relevant to this AGREEMENT for six years from the date of final payment, and make them available for
inspection by persons authorized under this provision.
10.
I1.
12.
13.
14.
RIQHT Of INSPECTION
The CiTY shall provide right of access to its facilities to the COUNTY, or any of its officers, or to any other
authorized agent or official of the state of Washington or the federal government at all reasonable times, in order to
monitor and evaluate performance, compliance, and/or quality assurance under this AGREEMENT.
NONDISCRIMINATION
During the performance of this AGREEMENT, the CITY shall comply with all federal and state nondiscrimination
laws, including, but not limited to Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C.
12101 et seq., the Americans with Disabilities Act. In the event of the CITY noncompliance or refusal to comply
with any nondiscrimination law, regulation, or policy, this AGREEMENT may be rescinded, canceled or terminated
in whole or in part, and the CITY may be declared ineligible for further AGREEMENTS with the COUNTY. The
CITY shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be
resolved in accordance with the "Disputes" procedure set forth herein.
'CITY NOT EMPLOYEE OF THE COUNTY
The CITY and its employees or agents performing under this AGREEMENT are not employees or agents of the
COUNTY. The CITY will not hold itself out as nor c~aim to be an office or employee of the COUNTY by reason
thereof, nor will the CITY make any claim of right, privilege or benefit which would accrue to an employee under
Chapter 41.06 RCW or Chapter 28B.16 RCW.
AGREEMENT MODIFICATIONS
'~'he COUNTY and the CITY may, from time to time, request changes to this AGREEMENT. Any such changes
that'are mutually a~eed upon by the COUNTY and the CITY shall be incorporated herein by written amendment to
this AGREEMENT. It is mutually agreed and understood that no alteration or variation of the terms of this
AGREEMENT shall be valid unless made in writing and signed by the parties hereto, and that any oral
understanding or agreements not incorporated herein, shall not be binding.
DISPUTES
Except as otherwise provided in this AGREEMENT, when a bona fide dispute arises between the parties and it
cannot be resolved through discussion and negotiation, either party may request a dispute hearing. The parties shall
select a dispute resolution team to resolve the dispute. The team shall consist ora representative appointed by the
COUNTY, a representative appointed by the CITY, and a third party mutually agreed by both parties. The team
shall attempt, by majority vote, to resolve the dispute. The parties agree that this dispute process shall precede any
action in a judicial or quasi-judicial tribunal.
TERMINATION OF AGREEMENT
A. If, through any cause, the CITY shall fail to fulfill in a timely and proper manner its obligations under this
AGREEMENT, or if the CiTY shall violate any of its covenants, agreements or stipulations of this
AGREEMENT, the COUNTY shall thereupon have the right to terminate this AGREEMENT and withhold
the remaining allocation if such default or violation is not corrected within twenty (20) days after
submitting written notice to the CITY describing such default or violation.
Notwithstanding any provisions of this AGREEMENT, either party may terminate this AGREEMENT by
providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days
prior to such date. Reimbursement for services performed by the CITY, and not otherwise paid for by the
COUNTY prior to the effective date of such termination, shall be as the COUNTY reasonably determines.
SPECIAL PROVISION
The COUNTY'S failure to insist upon the strict performance of any provision of this AGREEMENT or to exercise
any right based upon breach thereof or the acceptance of any performance during such breach, 'shall not constitute a
waiver of any right under this AGREEMENT.
HOLD HARMLESS
A. It is understood and agreed that this AGREEMENT is solely for the benefit of the parties hereto and gives
2
15.
16.
17.
18.
19.
20.
no right to any other party. No joint venture or parmership is formed as a result of this AGREEMENT.
Each party hereto agrees to be responsible and assumes'liability fo"its own negligent acts or omissions, or
those of its officers, agents, or employees to the fullest extent required by law, and agrees to save,
indemnify, defend, and hold the other party harmless from any such Iiability. In the case of negligence of
both the COUNTY and the CITY, any damages allowed shall be levied in proportion to the percentage of
negligence attributable to each party, and each party shall have the right to seek contribution from the other
party in proportion to the percentage of negligence attributable to the other party.
This indemnification clause shall also apply to any and all causes 'of action arising out of the performance
of work activities under this AGREEMENT. Each contract for services or activities utilizing funds
provided in whole or in part by this AGREEMENT shall include a provision that the COUNTY is not
liable for damages or claims from damages arising from any subcontractor's performance or activities
under the terms of the contracts.
PROPERTY
Title to any property furnished by the COUNTY for the performance of this agreement shall remain with the
COUNTY. Title to any property furnished by the CITY shall remain with the CITY. Title to property pUrchased by
the CITY the cost of which the CITY has been reimbursed as a direct item of cost under this agreement shall pass to
and vest in the COUNTY upon delivery of such property by the vendor unless the COUNTY specifically agrees to
grant title to such property and in that case title shah pass to the CITY. Property furnished by the COUNTY, or
property purchased with the funds delivered pursuant to this agreement, may be ased only for the performance of
this agreement.
GOVERNING LAW AND VENUE
This AGREEMENT shall be construed and enforced in accordance with, and the validity and performance hereof
shall be governed by, the laws of the state of Washington. Venue of any suit bet~veen the parties arising out of this
AGREEMENT shall be the superior court of Kitsap County, Washington.
SEVERABIL1TY
In the event any term or condition of this AGREEMENT or application thereof to any person or circumstances is
held invalid, such invalidity shall not affect other terms, conditions, and applications of this AGREEMENT which
can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this
AGREEMENT are declared severable.
PROVISION
A. In the event that the CITY fails to expend state funds in accordance with state law or the provisions of this
AGREEMENT, the COUNTY reserves the right to recapture state funds in an amount equivalent to the
extent of noncompliance.
Such right of recapture shall exist for a period not to exceed six (6) years following termination of the
AGREEMENT. Repayment by the CITY of state funds under this recaptuYe provision shall occur within
thirty (30) days of demand. In the event that the COUNTY is required to institute legal proceedings to
enforce the recapture provision, the COUNTY shall be entitled to its costs thereof, including reasonable
attorney's fees.
REDUCTION IN FUNDS
The COUNTY may unilaterally terminate all or part of this AGREEMENT, or may reduce its scope of work or
budget under this AGREEMENT, if there is a reduction of funds by the source of those funds, and if such funds are
the basis for this AGREEMENT.
ADMINISTRATION
A. The COUNTY'S representative shall be Gretchen Olsen, Solid Waste Program Manager, Kitsap County
Public Works.
B. The CITY'S representative shall be Tom Cressman.
21.
ENTIRE AGREEMENT
This AGREEMENT including referenced exhibits represents all the terms and conditions agreed upon by the
parties. No other understandings or representations, oral or otherwise, regarding the subject matter &this
AGREEMENT shall be deemed to exist or to bind any of the parties within.
IN WITNESS WHEREOF, the COUNTY and the CITY have executed this AGREEMENT as of the date and year written
below:
Dated this day of ,1998. Dated this day of ,1998.
CITY OF BREMERTON
KITSAP COUNTY BOARD OF
COMMISSIONERS'
Lynn Horton, Mayor
CHRIS ENDRESEN, Chair
Printed Name of Representative
CHARLOTTE GARRIDO, Commissioner
ATTEST:
PHIL BEST, Commissioner
HOLLY ANDERSON, Clerk of'the Board
4
ATTACHMENT: SCOPE OF WORK
KC-101-98
Goal:
The goal of this project is to provide funds to Bremerton Parks to build a composting system for use by the Bremerton Parks
and Recreation Department to compost vegetative/organic waste originating in their parks system. The facility/system will
serve as a pilot demonstration project for possible construction of other composting sites in city or county-operated park
systems in Kitsap County.
Project Description:
The COUNTY shall provide funds to the Bremerton Parks Department to plan, design, construct and equip a covered, three-
bin compost system. The system shall be suitably designed and constructed to effectively reduce the Bremerton Parks
Department's disposal of organic material at landfills, and the amount of wood waste being burned. The system will produce
soil amendment for use in Bremerton Parks Department facilities.
The COUNTY shall, in cooperation with the Bremerton Parks Department, develop and locate signage at the system that
credits the use of Ecology grant funds and the cooperation of the COUNTY and the Bremerton Parks Department in the
development and construction of the facility.. The composting system shall, where practical, be included in public
information and outreach messages to the general public.
In accordance with the appended "General Terms and Conditions," paragraph K, "Termination" of the CPG Agreement
Grant No. G9800197, Ecology reserves the right to terminate this task number 5 if the COUNTY fails to commence work for
this task within four months after the effective date of this agreement.
The Bremerton Parks Department system shal[ be completed no later that June 30, 1997. The CITY shall, in quarterly
reports to the COUNTY, document the volume of organic waste diverted from the waste stream and recycled for subsequent
agricultural use.
The COUNTY and the Bremerton Parks Department shall maintain, administer, account for, and dispose of equipment in
accordance with the requirements outlined in the Administrative Requirements for Ecology Grants and Loans, Revised 7/95,
(Publication No. 91-18).
Expected Outcomes/Impacts:
The CITY expects that approximately 350 cubic yards of organic material will be diverted from disposal at public/private
landfills.
5
CITY OF BREMERTON -'
BUDGET ADJUSTMENT REQUEST
Requesting Department: PARK FACILITIES FUND Adjustment Number:
IApproval Authority Required:
NTreasurer F"~MayOr F Fiscal & Bad,let
98-7
SOURCE OF FUNDS:
Increase:
Grant from Kitsap County
10,000
USE OF FUNDS:
Increase:
Capital
r~Council
10,000
NARRATIVE:
This adjustment will provide for the construction of a composting facility with funding from Kitsap County.
Department Head Si~lnature
Treasurer Comments:
Date
Da/te /
~:~ Recommended ~ Not Recommend~d-~
Treasurer's Si ,,, Date
Mayor Comments:
Recommended r---] Not Recommended
~'] Approved ~ Denied ~. ~L 3/z_ y/F~
Fiscal & Budget Committee Comments:
Mayor's Signature
Date
[----~ Approved [-~ Denied -<~~.~~~/ .~ ~//'/~
(_ Fiscal & Budget Comm~(ee~SJ~qn~ure
Date
Bremerton .:.
Kitsap County
Health District
Willa ,4. Fisher, MD, MPH, Director
109 Austin Drive
Bremerton, WA 98312
CONDITIONAL OPERATING ~QUIREMENTS PLAN
Bremerton-Kitsap County Health District
Environmental Health Division
Section I. Administrative Information
Operation Type:
Operation Name:
Operation Location:
Operation Mailing Address:
Operation Contact:
Operation Phone:
Composting Operation:
1. Non-Commercial
2. Non-Farm
3. Type 1 Feedstocks Only
4. <500 yd.S Feedstocks On-Site
City of Bremerton Parks and Recreation
Stephenson Canyon
680 Lebo Boulevard, Bremerton, WA 98310
Mr. Tom Cressman
(360) 478~5305
This Conditional Operating Requirements (COR) Plan is issued by the Bremerton-Kitsap County
Health District (Health District). The City of Bremerton (site owner/operator) shall maintain and
conduct site operations in a manner consistent with the requirements herein and notify the Health
District in advance of any alterations or changes in site operations. The COR Plan regulatory
approach for this operation is consistent with permitting and fee modifications adopted
administratively by the Health District on October 8, 1997.
Section II. Operation Overview
The City of Bremerton Parks and Recreation Department has requested approval to operate a
small-scale composting operation on City of Bremerton property at the Stephenson Canyon site
on Lebo Road in Bremerton. The operation will be a non-commercial, non-farm operation, using
only vegetative feedstocks (as described in Section IV), with 500 yd.3 or less of feedstocks and
active compost material on-site at ,any one time. As such, the site owner/operator has agreed to
maintain the size of the operation as described above, use low hazard feedstocks as described in
Section IV of this COR Plan, and not to sell or distribute the finished compost product to the
public.
POULSBO ANNEX
Solid and Hazardous Waste Program ! Water Q,_,~_~ Program
19540 Front Street
Mailing Address: P.O. Box 1076 - Poulsbo, WA 98370-0050
(360) 692-3611 FAX (360) 692-6684
City of Bremerton Parks and Recreation Compost Operation
Conditional Operating Requirements Plan
Page 2 of 5
A three (3) bin composting system will be constructed to contain yard waste generated by City of
Bremerton Parks personnel during park maintenance activities. Feedstocks will be mixed and
composted to produce a finished product used as a soil conditioner on park land owned by the
City of Bremerton. The composting operation will be constructed on a concrete pad, and covered
to prevent rain water infiltration. The Kitsap County Department of Public Works Recycling
Coordinator will assist City of Bremerton personnel with implementation of the composting
process.
Section IH. Operation and Maintenance Requirements
A. The site owner/operator shall operate and maintain the operation in compliance with the
following minimum general requirements:
1. Ensure that at least fifty percent of the wastes have been recycled every three years and no
material has been on-site more than five years; and
2. Ensure that no ground water, surface water, air, and/or land contamination has occurred
or will likely occur under operating conditions or in case of fh'e, or flood; and
3. Ensure compliance with all other applicable federal, state, and local air quality, water
quality, and land use regulations and requirements.
B. The site owner/operator shall operate and maintain the operation in compliance with the
following minimum specific requirements:
1. Maintain all access roads and ditches;
2. Maintain all project structures and systems in good operating condition;
3. Minimize birds, insects, rodents, and other potential vectors by using best management
practices;
4. Minimize unauthorized entry and/or disposal of waste material on-site;
5. Prevent nuisance odors;
6. Manage stormwater mn-on in a manner that will prevent washout of all feedstocks, active
composting material, and finished product; and
Store all active feedstocks and compost material and operate the site in a manner that will
prevent leachate mn-off to subsurface soil and to surface and/or ground water. At a
minimum, all active feedstocks and compost material shall be stored on a concrete pad to
prevent subsurface soil and potential ground water contamination. The pad shall be of
City of Bremerton Parks and Recreation Compost Operation
Conditional Operating Requirements Plan
Page 3 of 5
sufficient thickness and strength to withstand stresses imposed by compost handling
vehicles and the compost itself.
Section IV. Acceptable Wastes
A. The site owner/operator shall only accept vegetative waste material generated at City of
Bremerton parks facilities for feedstock(s) used in the composting process.
Bo
The site owner/operator shall have no more than 500 cubic yards of feedstock(s) and active
compost material accumulated on-site at any one time. The maximum volume of feedstock(s)
on-site is based the size of the operation and the operation's ability to process that waste
generated in any given year.
Co
The site owner/operator must make a verbal or written request to the Health District prior to
accepting any material other than the vegetative waste generated at City of Bremerton parks
facilities. The site owner/operator shall direct this request to:
Bremerton-Kitsap County Health District
Solid and Hazardous Waste Program
P.O. Box 1076
Poulsbo, WA 98370
Phone: (360) 692-3611
FAX: (360) 692-6684
The Health District will verbally respond to this request, followed by a written response
which shall be sent to the site owner/operator.
Do
All non-approved solid waste types, which for any reason are left, or are present, at the site,
shall be removed immediately and deposited at a permitted solid waste facility approved to
accept that specific waste type.
Eo
The site owner/operator shall immediately remove all active composting material and
finished product from the site upon permanent closure. These materials shall be deposited at
a permitted solid waste facility approved to accept that specific waste type. The site
owner/operator shall in advance notify the Health District of its intent to permanently close
the operation.
Section V. Inspections
Ao
Site Owner/Operator Inspections: The site owner/operator shall inspect the operation to
prevent malfunctions and deterioration, and operator errors and discharges which may cause
or lead to the release of contaminants to the environment or a threat to human health. The
site owner/operator shall report all instances of non-compliance to the Health District as soon
City of Bremerton Parks and Recreation Compost Operation
Conditional Operating Requirements Plan
Page 4 of 5
as possible. Instances of non-compliance which may result in potential public health risk
and/or envirOnmental damage shall be reported immediately.
Bo
Health District Inspections: Any duly authorized officer, employee, or representative of the
Health District or the Washington State Department of Ecology may, upon giving prior notice
to the site owner/operator present, enter and inspect the site, at any reasonable time for the
purpose of determining compliance with the COR Plan.
Section VI. Reporting
The site owner/operator shall complete and submit an ~snntlal Report to the Health District.
The annual report shall be submitted to the Health District on or before March 31 each year for
the previous calendar year. The annual report shall include an estimate of the quantities and
types of wastes recycled for purposes of determining progress towards achieving Kitsap County's
goals of waste reduction. The annual report shall be submitted to:
Bremerton-Kitsap County Health District
Solid and Hazardous Waste Program
P.O. Box 1076
Poulsbo, WA 98370
Section VII. Fees
The site owner/operator will not be assessed fees for routine Health District regulatory
activities while the operation is in compliance with the conditions of the COR Plan. Non-
assessed Health District activities include the following:
1. Initial COR Plan drafting/issuance;
2. COR Plan and design review; and
3. Site inspections.
The site owner/operator will be assessed fees for non-routine Health District regulatory
activities associated with opera, tion non-compliance as described in this Section and in
Section VII.C. below. If the site owner/operator or the Health District identifies a non-
compliant condition, either during a site inspection or as the result of a complaint, the Health
District and site owner/operator shall work together on an agreement on what corrective
action is needed and when the corrective action needs to occur. This agreement shall be
made in writing. The corrective action completion date shall become the compliance date.
Fees will not be assessed for the Health District's time associated with this initial agreement
and the Health District's subsequent re-inspection to determine compliance with the agreed
corrective action.
City of Bremerton Parks and Recreation Compost Operation
Conditional Operating Requirements Plan
Page 5 of 5
If the compliance date is not met, the Health District will issue a "Notice and Order to
Correct Violation" letter to the owner/operator. Fees will be assessed for issuance of this
letter, any subsequent compliance inspection, and any additional enforcement actions beyond
those described in Section VII.B. above. The fee for these activities will be based on the
current hourly billing rate provided in the Health District fee schedule in effect at the time
these activities occur. The current 1997 hourly billing rate is $54.00 per hour. The site
owner/operator will be sent a billing statement reflecting those fees assessed for activities
performed. The site owner/operator shall then send check or money order within thirty (30)
business days from receipt of statement. Payments shall be made to the following address:
Bremerton-Kitsap County Health District
c/o Accounting Department
109 Austin Drive
Bremerton, WA 98312
Section VIII. Amendments
The COR Plan may be amended by the Health District. Amendments shall be made in writing
and become specific conditions of the COR Plan. Amendments will be forwarded to the site
owner/operator for review and comment. Upon consideration of the site owner/operator's
comments, the final amendment will be issued and become effective.
Section IX. Non-Compliance
The site owner/operator shall maintain and operate the operation in compliance with the
conditions provided in this COR Plan. Failure to do so may result in the revocation of this COR
Plan by the Health District, and the requirement by the Health District that the site
owner/operator cease operations and close the operation.
Section X. Signatures
The undersigned representatives accept the provisions of this COR Plan.
This COR Plan sha)l be in effect when signed by both parties.
'
Si e Owner/Operator Date
City of\Bf?merton
~eme~{o~7~dtsap County Health District Date
Envirolnmohtal Health Division
/
c~sc~ w-~vq 16~solid'~sTcom posYl~mc or.doc~ 1 O- 23-~7
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: CORROSION CONTROL
AND FLUORIDATION FACILITY - BID
AWARD
2. CLEARANCES: (Comment on back
if.nece/s~y)
, ~)i/~f/y~uz~of Pu~tq~ W/o~s & Utilities
City Treasurer
,,C4~mcil Operations Committee
FOR AGENDA OF: April 1. 1998
ORIGINATING DEPT: Public Works & Utils .
ORIGINATOR: R. Witt, City
DATE SUBMITTED: March 16, 1998
3. EXHIBITS:
1. Location Map
2. Bid Tabulation
ENDORSEMENT)~ INFOR/~IATION [] APPROVED BY COU~IL PRESIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
(SUMMARY STATEMENT ON PAGE 2)
5. RECOMMENDATION:
The City Council award a contract for $857.329.21 (including sales tax) with Pease & Sons. Inc.. tbr construction of
the project titled "Corrosion Comrol and Fluoridation Facility" in response to request for bids. In the event Pease &
Sons. Inc. does not enter into the contract the bid roma titled "List of Proposed Substitute Equipment/Material
Suppliers" be waived on the TEK Construction. Inc. bid. and a contract be awarded to TEK Construction. Inc.. for
5937.315.58 (including sales tax) for construction of the project titled "Corrosion Control and Fluoridation Facility."
alld authorize the Mayor to execute the same.
9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util
ENFORCEMENT OFFICIAL: Director Pub Wks & Util
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED Il TABLED Il APPROVED 11 DISAPPROVED Il AMENDED
COUNCIL DIRECTIVE:
(OVER)
11. AGENDA BILL NO.:
qg- 06 3
2. CLEARANCE COMMENTS:
3. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation
The Con'osion Control and Fluoridation facility will provide two functions; adjustment of water pH for corrosion
control, and addition of fluoride. Construction of a corrosion control facility is required to comply with the Lead
and Copper Rule as administered by the Washington State Department of Health. The Department of Health has
mandated that the con'osion control facility be operating not later than November 30, 1998. In April 1997. City
Council directed staff to implement fluoridation of the Water System.
Bids were opened for construction of the Corrosion Control and Fluoridation Facility Proje~ct on March 12, 1998. Ten
bids were received for this project. The bid from Pease & Sons, Inc. for $793,089.00 (857,.~29.21 including sales tax,)
was the low bid. Pease & Sons requested to withdraw their bid due to a bid error. The second lowest bid was from
TEK Construction, Inc., fbr $867,081.94, ($937,315.58 including sales taxl) The bid from TEK Construction included
a bid form titled "List of Proposed Substitute Equipment/Material Suppliers" which was deleted by addenda. The
engineer's estimate for this project was $950,000 including sales tax. The action before the City Council is award of a
contract with Pease & Sons, Inc., for construction of the project ti{led "Corrosion Control and Fluoridation Facility" in
response to request for bids. In the event Pease & Sons, Inc. does not enter into the contract, the bid form titled "List
of Proposed Substitute Equipment/Material Suppliers". be waived on the TEK Construction, Inc. bid. and a contract be
awarded to TEK Construction, Inc., for $937,315..58 (including sales tax) for construction of the project titled
"Corrosion Control and Fluoridation Facility."
6. IMPACT ON NON-PASSAGE:
Construction of the Corrosion Control and Fluoridation Facility will be delayed. The Department of Health deadline
to begin corrosion control of the City water system will not be met.
7. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES:
Staffing:
Budget:
No impact - City staff have been allocated for the construction administration and inspection.
No impact - This project is included in the 1998 budget.
Facilities/Equipment: No impact.
8. RESEARCH SOURCES:
dVi~, NoI,Cvgoq
f!
"~ ON
~110Aa353~1
I
!
1
/
,UJ'IIOVJ
NOU.YGlUOn'L4
ONY qO~UNO0
NOI$O~I~JO0
I
CITY OF BREMERTON
BID TABULATION
BID TITLE:
DATE OPENED:
¢ORROSSION CONTROL FACILITY
~ TIME OPENED:
2:00 P.M.
OPENED BY GIL
RECORDED BY ,
SUMMARY
I ooo --
2:27
TOTAL BID
"/~ 3; o~' 9
lC'. 5'0
5'Z~. L-I
770.6%
77-,
7'5~.G~'
7 7,,7S2.,,51
37, ~7. ~ I
I ,0~% ,0%(0 .~,~'
COMMENTS
AGENDA BILL
BREMERTON CITY COUNCIL
RECEIVED
I,'i~r] 2 3 1998
CITY OF BREMERTON ENGINEERS
SUBJECT:
SR304 Transportation Improvement Project:
Agreement with State to provide funding for
Right of Way acquisition
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
April1,1998
Public Works & Utilities
Randy Witt, City Engin.eer~
April 23, 1998
3. EXHIBITS
2. CLEARANCES: (comment on b~
Director, Public Works/Utilities
City Attomey
City Treasurer
Council Budget & Finance Committe~~
ENDORSEMENT /~ %/_I~ORMATION
MAYOR_~C~ '
..~. Y~4~.. A. Agreement (WSDOT #GCA-1179)
APPROVED BY COUNCI~_SIDF~F:~~MITTAL:
COUNCIL PRESIDENT [~.~..~ ,~J~L.~.
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
City staff in cooperation with the project partners have actively pursued grant funding for the project. As
part of the various grant applications, all project partners have provided matching funds. To access the matching
funds provided by other agencies an agreement must be executed.
The Washington State Department of Transportation (WSDOT) through its participation in various grant
applications has agreed to provide $431,653 towards Right of Way acquisition on the project. The attached
agreement provides for disbursement of those funds to the City of Bremerton for use on the project. Staff
recommends that the City Council authorize execution of the attached agreement.
8. RECOMMENDATION:
That the Mayor is authorized and directed to execute the attached agreement with the Washington State
Department of Transportation for Right of Way funding on the SR304 Transportation Improvement Project.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
City Engineer
N/A
PULLED
TABLED
10. NOTICE OF ACTION
APPROVED DISAPPROVED
AMENDED
COUNCIL DIRECTWE
DATE:
11. AGENDA BILL NO: q ~- 06q
-43
2. CLEARANCE COMMENTS:
IMPACT_ON NON-PASSAGE:
Failure to execute the attached agreement will mean that inadequate matching funds are available for the
grants received for the project. New matching funds sources will need to be developed or the grants
returned to the granting agency.
e
IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
There is no impact on staffing, budgets, facilities, equipment or other resources. This funding was
anticipated in development of the 1998 budget and has already shown as revenue and budget for this
project.
7. RESEARCH SOURCES
98128\bk
AGREEMENT
GCA-1179
THIS AGREEMENT, made and entered into this ~day of , 1998, by and
between the State of Washington, Department of Transportation, acting by and through the
Secretary of the Department of Transportation, hereinafter called the "STATE", and the City of
Bremerton, 239 4th Street, Bremerton, Washington 98337, acting by and through the Mayor,
hereinafter called the "CITY" ~.
WHEREAS, the CITY is the lead agency in Transportation Improvement Board (TIB)' project
entitled "SR 3/SR 304 Gorst to Bremerton Ferry Terminal", and
WHEREAS, the CITY, K/tsap Transit, Kitsap County, STATE, TIB, Federal Highway
Adrrdnistration and the Department of the Navy are project partners on the SR 3/SR 304 Gorst to
Bremerton Ferry Terminal project, and
WHEREAS, the project partners provide funding for the project which has been used for project
expenditures or to provide matching funds for grant applications, and
WHEREAS, the CITY and the STATE previously entered into Agreement GC-9282 to
cooperatively participate in the preparation of the Environmental Impact Statement (EIS) for the
SR 3/304 Gorst to Bremerton Ferry Terminal project, and
WHEREAS, the ElS has been cOmpleted and the Federal Highway Administration on May 21,
1997 issued a Record of Decision, and
WHEREAS, the CITY has begun the development of the fight of way plans and the plans,
specifications and estimate for the portion of the SR 3/304Gorst to Bremerton Ferry Term/nal
project on SR 304 from the SR 3 Interchange to the Bremerton Ferry Terminal, and
WHEREAS, the Federal Highway Admirfistration on September 15, 1997 authorized the CITY to
begin with the early acquisition of total take parcels, and
WHEREAS, the STATE has several projects programmed for improvements to SR 304 from the
SR 3 Interchange to the Bremerton Ferry Terminal, and
WHEREAS, the STATE has committed to the CITY to cooperatively participate in the
completion of the CITY's project on SR 304 from the SR 3 Interchange to the Bremerton Ferry
Terminal up to the amount available from the STATE's programmed projects in this area.
GCA-1179
-1-
NOW, THEREFORE, by virtue of RCW 47.28.140 and in consideration of the terms, conditions,
convenants and performance contained herein, or attached hereto and incorporated and made a
part hereof, IT IS MUTUALLY AGREED AS FOLLOWS:
I
GENERAL
CITY shall be responsible for the early right of way acquisition of total take parcels for the
improvements to SR 304 from the SR 3 Interchange to the Bremerton Ferry Terminal.
This agreement may be supplemented if the STATE receives additional funding and or to add
additional phases of work.
PAYMENT
The STATE~ in consideration of faithful performance of the work to be done by the CITY agrees
to reimburse the CITY for the actual direct and related indirect cost of the work up to a maximum
of $431,653.
An itemized estimate of cost for the work to be performed by the CITY at the STATE's expense
is marked EXHIBIT "A", and is attached hereto and by th/s reference made a part of this
AGREEMENT.
Partial payments shall be made by the STATE, upon request by the CITY, to cover costs
incurred. These payments are not to be more frequent than one (1) per month. It is agreed that
any such partial payment will not constitute agreement as to the appropriateness of any item and
that, at time of final audit, all required adjustments will be made and reflected in a final payment.
The CITY agrees to submit a final bill to the STATE within forty-five (45) day after the CITY has
completed the work.
During the progress of the work and for a period of not less than three(3) years from the date of
the final payment to the CITY, the records and accounts pertaining to the work of the project and
accounting therefore are to be kept available for inspection and audit by the STATE and/or
Federal Government and copies of all records, accounts, documents, or other data pertainLng to
the project will be furnished upon request. If any litigation, claim, or audit is commenced, the
records and accounts along with supporting documentation shall be retained until all litigation,
claim, or audit finding has been resolved even though such litigation, claim, or audit continues'
past the 3-year retention period.
-2-
GCA-1179
HI
LEGAL RELATIONS
No liability shall attach to the CITY or to the STATE by reason of entering into this Agreement
except as expressly provided herein.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year
first above written.
APPROVED AS TO FORM;
BY
Glenna L. Malanca, City Attorney
DATE:
ASSET:
BY:
Kathleen McCluskey, City Clerk
CITY OF BREMERTON
BY: ~
W. Eugene Sample ,~'F;'--'''~
Director of Public Works and Utilities
BY:
Lynn H~rton, Mayor
APPROVED AS TO FORM;
· STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
?d~ant A~tt-omey ~n'~ral (2/'
/
BY:
-3-
AGREEMENT
GCA-1179
47
EXHIBIT A
GCA-1179
ESTIMATED COST
Right of Way
9.245.909
NOTE: State's partidpation is limited to a maximum amount of $431,653
-1-
EXgl-lBIT "A'
GCA-1179
Washington State
Department of Transportation
Sid Morrison
Secretary of Transportation
SR 304 Transp. Improv. Project
File: ¢.o,~ ~, / ~oT / '~,l.S
Olympic Region Headqu~rtm
5720 Capitol Boulevard, Tumwater
P.O. Box 47440
Olympia, WA 98504-7440
(360) 357-2600
Fax (360) 357-2601-
March 16, 1998
Mr. Randy Witt, P.E.
City Bremerton
3027 Olympus Drive
Bremerton, WA 98310-4799
SR 304
Gorst to Bremerton Ferry Terminal
City of Bremerton
Agreement GCA-1179
Attached for execution by the City are two duplicate originals of the subject agreement.
After execution by the City please remm both originals to me for execution by the State.
If you have any questions please call me at 357-2666.
Sincer ,
'~'om~e~~ E Holcomb P.E.
TransAid Engineer
MAR 1 7 998
C/Yy OF B/~t/~r0N ENGIN~RS