HomeMy WebLinkAbout04/15/98 AGENDABREMERTON CITY COUNCIL
239 4TH STREET
BREMERTON, WA 98337
CITY COUNCIL AGENDA
APRIL 15, 1998
CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M.
A. General Council Business
B. Immediately following the City Council meeting the City Council will hold a
20-minute Executive Session. The topic of discussion: "Real Estate".
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.
A. Minutes - April 1, 1998 #AB98-075
B. Minutes- April 8, 1998 #AB98-076 / ~
CLAIMS/CHECK REGISTERS
COUNCIL MEMBER REPORTS
MAYOR'S REPORT
7. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes)
NEW BUSINESS
A. Appointment of Donald Ricks, Jeffrey Hecker, Diane
Robinson, Klm Beckett, Laurie Wainwright To The
Design Review Committee
(CONTINUED NEXT PAGE)
A Letter Of Intent To Annex A Kitsap Lake Property
Described As Camp McKean, Owned By The Department
Of The Navy
C. 36-Inch Water Main Gorst/Reservoir 4 Amendment No. 1
To Professional Services Agreement With Parametrix Inc.
RESOLUTIONS
A. Resolution #2648 - 36" Water Main Gorst To Reservoir
4 Construction/Acceptance of Public Works Trust Fund
Loan (NO PW-98-791-008)
#AB98-078
#AB98-079
#AB98-080
1. SUBJECT':
AGENDA BILL
_ BREMERTON CITY COUNCIL
MINUTES - APRIL 1, 1998
FOR AGENDA OF: April 15, 1998
ORIGINATING DEPT: o4~¥ o~u~£i!
ORIGINATOR: n~,~ ~r~, President
DATE SUBMITTED: ~-'7-qg
2. ~J~: (comment on back
if necessary)
ENDORSE/~F~NT INFORMATION
MAYOR
__ A-oPROVED BT COUNCIL P~SI ~DENT..?~OR SUBMITTkL:
COUNCIL PRESIDENT . _ .~~~
4. $I/HMARY STATEMENT AND REQUIR~NT FOR CO[~CIL ACTIOn:
8. RECOM2~ENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORC~"~ENT OFFICIAL:
.EXPirATiON DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
!0. NOTICE OF ACTIQ~
APPROVED .DISAP.~ROVED
..DATE:
TAPES #1535, #153'5' UNAPPROVED DR/~T
CITY COUCIL MEETING MINUTES
APRIL 1, 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, April 1, 1998, at 5:30 P.M., with Council President David Fart
presiding. Council members present were Jim Reed, Carlos Montgomery, Carol
Arends, Mike Shepherd, Lon Overson, John Law, Cecil McConnell, and Wayne
Olsen. Also 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 Cleveland Williams of Ebenezer A.M.E.
Church.
President Farr made the following announcement(s):
(1) The Council held a Study Session prior to the Council meeting to discuss
general Council business.
(2) The City Council will hold a Study Session on April 6, 1998, 5:30 - 8:00 P.M.,
in the Council Conference Room. Topics of Discussion: Bremerton
Transportation Center; Construction Projects Update, SR3/304 Project
Update; Street Improvement Program; Attitude and Direction of the
Bremerton Area Chamber of Commerce; Discussion of Negotiations Between
the City and Central Kitsap Fire and Rescue.
CONSENT AGENDA
A. Minutes of Meeting - March 18, 1998
#AB98-065
#0067 MISlClU(McConnelllMontgomery) 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
#0091 MlSlC(MontgomerylArends) On April 1, 1998, the Council does approve
for payment those vouchers included and further described as follows: EFT 4717,
218095 through 218105, 218109, 128110, 218120 through 218501 in the amount
TAPES #1535, #1536
City Council Reg. Mtg. Minutes
April 1, 1998
Page 2 of 13
of $1,600,931.05; and Retirees' Payroll for the period ending March 31, 1998, in
the amount of $105,524.79.
Vote on motion:
In Favor: Reed, Montgomery, Arends, Shepherd, Farr, Overson,
Law, McConnell
Abstain: OIsen
COUNCIL MEMBER REPORTS
Mr. Olsen reminded the public of the Arbor Day Celebration scheduled for April
4, 12:00 noon. The location of that event is at the right-of-way on the northern
end of the Warren Avenue Bridge.
Mr. Law announced the next District #3 Neighborhood Meeting is scheduled for
April 21, 1998. The subject of discussion will be the design of the new Manette
Bridge and the guest speaker will be the architect responsible for that project.
Mr. Overson stated the Bremerton Area Chamber of Commerce appears to
becoming more active and he is encouraged by that resurgence. He encouraged
his fellow Council members to get involved, observe and contribute where
possible to help that organization take on a leadership role.
Mr. Shepherd reported District #5 held a Neighborhood Meeting on March 26,
1998, which was well attended. Bremerton Police Captain Joe Hat'field and Bob
Tulp, Public Works Operations Manager were guest speakers at that meeting.
One of the outcomes of that meeting will result in a clean up effort in District #5
on April 18, 1998, while other clean up activities are taking place on the First
Street Dock and Lions Field. Volunteers for the District #5 clean up will meet at
9:00 AM in front of the Chester Arms Apartment. He announced the first fund
raising event, a Spaghetti Feed, in support of the Martin Luther King Jr. Library
Fund will be held April 25, 1998, 12:00 noon - 3:00 P.M., at the Smith Building
located on Park Avenue. He encouraged his fellow Council members and
members of the public to support that event.
Mrs. Arends announced the opening of Bremerton Cinema, which is located on
Callow Avenue, and joins the neighboring building that was renovated over the
past year into a jewelry store and pawn shop. The theater will be showing family
movies and second run films. She announced Council Districts Cf-6, #7 and #8
will hold a joint Neighborhood Meeting on April 14, 1998, 7:00 P.M., at the
Bremerton School Administration Building.
Mr. Montgomery announced the program for the Joint Districts ¢/6, #7, and #8
Neighborhood Meeting will include Assistant Police Chief Henry Mincey and an
Animal Control Officer.
TAPES #1535, #1530--
City Council Reg. Mtg. Minutes
April 1, 1998
Page 3 of 13
Mr. Farr reported today he attended the monthly meeting of the Kitsap Regional
Coordinating Council. Today, he met with Susan Brown, who is a frequent visitor
at City Council meetings and a champion for changes to the City's Ethics Code.
He and Mrs. Brown have had a rather long-standing, sometimes unpleasant,
relationship. One of his favorite sayings is "There is no more effective block to
learning than thinking you know all about the subject to start with". After
reviewing some of his past reactions, he had to admit that he had effectively
placed a block to learning and possibly exasperated the situation with Mrs.
Brown and apparently wrongly from the start that this was more of a personal
attack and perhaps even politically motivated and shut off his ability to hear some
of what Mrs. Brown was saying. Since he thought it was personal, some of his
responses were flippant and perhaps sarcastic and for those actions he
apologizes to Mrs. Brown. He expects he and Mrs. Brown will find several areas,
in the future, where they will disagree, but from his part he will be able to get past
taking issues personally, which does not befit this office, and conduct himself in a
more professional manner. He thanked Mrs. Brown for her willingness to meet
with him. Mr. Farr pointed out several newspaper articles that reflected favorably
on Bremerton, i.e., March 29th Seattle P.I. "Want a water view, a half-hour
commute and a price under $150,0007' And, an article in THE SUN giving an
account of Councilman Montgomery's testimony during a court proceeding, as to
his dealings with the giant rag ball that was removed from a City pump station,
which proved to be humorous to the jury members and those in the audience.
MAYOR'S REPORT
Mayor Horton stated she personally witnessed Councilman Montgomery's
testimony that brought some levity in a long, complex, and tedious trial.
For those interested in Ferry schedules on Bremerton runs, the Washington
State Ferry System has presented four optional ferry schedules and is seeking
input from ferry users. She emphasized it is very important to get as much input
as possible from the Bremerton community because the Ferry System will be
making decisions on ferry route schedules very soon.
Starting on April 3, 1998, a Dale Chihuly Glass Exhibit will open in the old
Montgomery Ward building on 4th Street. This is a rare treat for Bremerton and
Kitsap County to have the opportunity to view the work of a world-renowned
artist. In addition, several other art events will be held over the next week.
Proclamations: (1)APRIL 1998 as BREMERTON DISASTER PREPAREDNESS
MONTH. Fire Chief Al Duke accepted the proclamation and reported the City will
be emphasizing City employees preparing their own families as well as City
buildings for a disaster that may occur in the future. He noted a "fault" runs
through Bainbridge Island, which did experience an earthquake not long ago, and
a fault that runs down 6th Street in the City of Bremerton.
TAPES #1535, #1530-
City Council Reg. Mtg. Minutes
April 1, 1998
Page 4 of 13
(2) APRIL 8, 1998, as ARBOR DAY. Jim Trainer, Urban Forester, accepted the
proclamation and invited everyone to the Arbor Day Celebration on Saturday,
April 4. This event is a cooperative effort with the Washington State Department
of Transportation, Bremerton Public Works Department, and Bremerton Parks
Department and plant materials from the National Tree Trust.
PUBLIC RECOGNITION
Roy Mclnnis, Bremerton resident, related a situation where he was at odds with
the billing division of the Water Department over water charges that occurred in
December 1997. In his attempt to resolve the matter, he discussed the problem
with several Water Utility employees and at the end of that contact he left with an
attitude of an unhappy customer. As a result, he would like the administration to
look at the possibility of implementing water rate increases at a time other than
winter months. He did apologize to Water Utility billing employee Ann Finnegan
for having an attitude that was unbecoming for him. President Fan' stated the
changes from summer rate to winter rate would probably be explained as not so
much an increase in the winter but a decrease in the summer to allow watering
lawns. He assured Mr. Mclnnis he would receive a response to his request.
Joseph Victor Paul II stated he was encouraged by the Mayor's report about the
Dale Chihuly exhibit coming to Bremerton. As a master gemologist/appraiser,
Mr. Paul has had a life long appreciation for transparent and translucent
mediums. Mr. Chihuly studied the classical form of glass flowing and creation
under the masters of that craft in Italy. Mr. Chihuly's art creations are produced
under a "team concept". He noted Mr. Chihuly is one of few people in his own
native town that has a living exhibit in the U.S. Court House in downtown
Tacoma (the old railway station).
Susan Brown, Bremerton resident, thanked President Farr for his comments,
Councilman Law, and Councilman McConnell for comments that they made at
the previous Council meeting. She especially appreciated Mr. McConnell's
response to her calls, questions, and concerns. She also thanked Del Knauss
for his passion. She encouraged members of the public interested in rewriting
the City's Ethics Code to look into volunteering for the citizens committee that will
be formed.
E. L. Sturdivant, Bremerton resident, expressed concern that the Growth
Management Act could possibly allow higher densities than 6-units per acre in
urban in-fill areas. It has been stated that such developments would not be Iow
income, however, he believes in time it will become a Iow income area, which
can create a real problem for municipalities and Kitsap County. If that happens,
he believes it will force people to relocate and spend their earnings in areas
outside of Kitsap County and municipalities within the County. He urged the
TAPES #1535, #153~
City Council Reg. Mtg. Minutes
April 1, 1998
Page 5 of 13
municipalities to join together and fight the Growth Management Act and Kitsap
County's Comprehensive Plan. He does not have confidence in the credibility of
the current Kitsap County Commissioners and people within the construction
industry told him that the County has had "backroom dealings" with the cities.
Some see the County's actions as "jerking" around the cities by giving them a
"carrot" so that they won't appeal the County's Comprehensive Plan. He felt
strongly that the City should pursue annexing property north of Riddell Road to
McWilliams Road. President Fart stated there has been a lot of hassling over
the County's Comprehensive Plan revisions over the past several months and
there is still time for members of the public to give input on the County's
proposal.
Del Knauss., Bremerton resident, asked the following questions:
(1) 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 salaries? (NOTE: The Mayor should ask the City Attorney
what part Article XXVII Section 1 of the Washington State Constitution plays in
the Mayor appointing a Citizens' Pay Commission.).
(2) What State Law (RCW), Bremerton Municipal Code, or Article of the
Washington State Constitution forbids the City Council from answering questions
from a citizen about future pay increases?
(3) The Memorandum (paragraph 3) dated 3~26~98, 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
(4) Based on the memorandum (Paragraph 3) dated 3/26/98 from City Attorney
Glenna Malanca, does this mean that eight of the City Council members violated
the law by answering the Pay Commission questionnaire last year?
(5) Considering that the Mayor takes an oath of office that requires you to uphold
the laws of the State and City, will you contact Municipal Research and inquire
whether the City is in compliance with the Washington State Constitution and the
revised Code of Washington concerning Council pay, how the Mayor formed a
Pay Commission, and if members can receive a raise during their term?
Charlie Brown, Bremerton resident, stated following up on Mr. Mclnnis' concern
about the sewer and water bills, he would like to see the City implement a
"Monthly Budget Paying Plan" similar to those used by the other utilities.
TAPES #1535, #1
City Council Reg. Mtg. Minutes
April 1, 1998
Page 6 of 13
President Fart agreed such a plan was a good idea; however, he recalled that it
had been discussed.
Robert Neal, Video Production Coordinator for Bremerton Kitsap Access
Television and Northwest Board member of the Alliance for Community Media,
extended an invitation to the City Council members to attend a Spring conference
entitled "Sound Access Organizing", 1:30 P.M., at the Admiral Theatre on April 4,
1998. Immediately following the conference, they will hold the Best of the West
Video Awards Festival. A no-host social starts at 5:30 P.M., and the awards
show gets underway at 7:00 P.M. Mr. Neal noted over 250 entries from around
the northwest region would compete for the various award.
Bob Jaenicke, Bremerton resident, expressed his concern over the practice of
Police Officers parking their vehicles (in some instances several Police vehicles
are present), so that they block entrances to businesses when they are
investigating traffic situations. He was not supportive of the Police Officers'
actions when Mayor Horton and Police Chief Du Fresne asked them to perform
their duties.
8A - BUDGET ADJUSTMENT REQUEST FOR BREMERTON KITSAP
ACCESS TELEVISION FOR THIRD CAMERA AND NEW CONTROL ROOM,
#AB98-066
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.
Kathleen McCluskey, Director of Administrative Services, stated at the time the
1998 budget was developed, not all of the funding elements were known;
however, a contract was signed between the City an Kitsap County identifying
their contribution to public access. In addition, the City recovered five months of
payment from August through December 1997, and part of those funds will go
toward funding BKAT in 1998. The proposed Budget Adjustment reflects the
provision of that revenue source of $25,000 and moves existing funds that had
been allocated from City sources over to "capital" to purchase the third camera,
which was of interest to the Council. If this request is approved, $10,792.00 will
be used to purchase a third camera, $535.00 will purchase a monitor to be
mounted in the Council Chambers, and approximately $3,500 will be used to
relocate the control booth. With the relocation of the control booth, it will clean
up the Chambers, allow for additional seating, and provide a larger control room
that can be used for training sessions and editing processing.
TAPES #1535, #1535'
City Council Reg. Mtg. Minutes
April 1, 1998
Page 7 of 13
Patricia Mathes stated it was her understanding that the City Council had
already approved $55,000 for the work identified. She also thought it was an
excellent idea to move the control booth. It was also her understanding that the
contract approved by the City Council between Kitsap County and City was
changed during the County's approving process. She questioned if that contract
needed to come back to Council for re-approval? She noted the contract with
Kitsap County was based on an Intergovernmental Agreement, which at the time
did not exist. If that agreement was approved, she would stand corrected. Mrs.
McCluskey stated the listing of equipment by line item, which was also available
to the public, came before the City council approximately a month ago. If Ms.
Mathes wished to receive a copy of that information, a copy would be provided.
All of the contracts mentioned by Ms. Mathes have been approved by the City
Council and Kitsap County. The County expects to spend approximately
$30,000 per year on governmental services, but only $15,000 is being allocated
due to the start date commending mid year.
Mr. Montgomery expressed his support of this request.
#1801 MISlCIU(MontgomerylArends) Motion to approve Budget Adjustment #98-
9 and Change Order #1 in the amount of $16,482.92.
8B - INTERGOVERNMENTAL AGREEMENT WITH KITSAP COUNTY TO
CONSTRUCTA COMPOSTING SYSTEM, #AB98-067
Kitsap 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 & 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.
Jim Spencer, Director of Parks and Recreation, stated about two years ago this
item was brought to Council for consideration. At that time, the City was ready to
move forward, but development of the operations plan became so cumbersome
that the decision was made not to proceed. It was then decided to develop a
better agreement with the Bremerton-Kitsap Health District that would be more
manageable for the City. Kitsap County's involvement was held in place so that
the City could use Department of Ecology funds, through the County, to establish
a composting system at no cost to the City. The City intends to recycle all
vegetative and/or organic wastes coming off of City parks, which will be recycled
overtime and distributed back into the parks.
Public comment - none.
TAPES #1535, #153~'
City Council Reg. Mtg. Minutes
April 1, 1998
Page 8 of 13
Mr. Overson asked if the citizens would be allowed to dispose of vegetation
waste at this site? Mr. Spencer stated no, the site would be limited to City use
only due to the fact the requirements addressed just waste coming off of City
parks. Mr. Overson stated he was not aware of any plans for the City to develop
a composting facility for citywide use. Mr. Spencer agreed with Mr. Overson that
there is no such plan.
Mr. Law stated it was his understanding that there is a plan to buffer the
proposed composting area with trees. Mr. Spencer stated yes, they have
considered a barrier to shield the site from the nearest neighbor. He pointed out
that there are not a lot of neighbors near the site.
Mr. Shepherd asked Mr. Spencer to explain why use of the site will be limited to
the City. Mr. Spencer explained the use is limited by the capacity of the site,
which was specified in the agreement. The City believes it can generate the
volumes without taking materials from outside sources.
Mrs. Arends asked if ivy was suitable for composting? Mr. Spencer stated he
would guess yes because it is vegetative or organic.
Mr. McConnell asked if an enclosure will be built to prevent the public from
dumping their yard waste into the composting unit or will it be an area that is
open to such action? Mr. Spencer stated the facility will be built adjacent to the
nursery in Stephenson Canyon and it will be gated.
#2063 MISICIU(ShepherdlMontgomery) Motion to authorize and direct the Mayor
to enter into the Intergovernmental Agreement with Kitsap County that
establishes a composting system in Stephenson Canyon and approve Budget
Adjustment 98-7.
Mayor Lynn Horton thanked Dr. Willa Fisher, Bremerton-Kitsap Health District,
for her assistance in making it possible for a good project to become sensible. In
response to Mrs. Arends' question about composting ivy, it is best to cut it up into
little pieces because ivy vines do not decompose easily.
8C - BID AWARD FOR CORROSION CONTROL AND FLUORIDATION
FACILITY~ #AB98-068
The Corrosion 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 corrosion control facility be
operating no later than November 30, 1998. In April 1997, City Council directed
staff to implement fluoridation of the Water System.
TAPES #1535, #153~'
City Council Reg. Mtg. Minutes
April 1, 1998
Page 9 of 13
Bids were opened for construction of the Corrosion Control and Fluoridation
Facility Project on March 12, 1996. Ten bids were received for this project. The
bid from Pease & Sons, Inc. for $793,089.00 (857,329.21, including sales tax)
was the Iow bid. Pease & Sons requested to withdraw their bid due to a bid
error. The second lowest bid was from TEK Construction, Inc. for $867,081.94
(937,315.58 including sales tax). 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 titled "Corrosion Control and
Fluoridation Facility" in response to a 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"
Tom Knuckey, Engineering Department, stated references were checked for
Pease & Sons, and TEK Construction. Both contractors appeared to be well
qualified for the project. Both bids allow for construction within the allocated
budget and construction can be completed within the time limit outlined by the
Department of Health.
Elizabeth Buell, Bremerton resident, stated she has read articles that indicated
fluoride is poison to some people. She believes the decision to fluoridate City
water should be left up to a vote of the citizens of Bremerton. Mr. McConnell
pointed out the issue before Council is strictly approving a bid award for a
Corrosion Control and Fluoridation Facility, not on the issue of fluoridation.
President Fart agreed with Mr. McConnell and asked those speaking to stay
with the issue, which is the awarding of a contract.
Councilman Olsen left the Council Chambers at 6:40 P.M.
Ruth Natividad, Citizens For Safe Water, encouraged Council not to sign any
contracts that would obligate the City's money for the purpose of fluoridating the
City's water supply. Citizens For Safe Water are currently circulating petitions
and have gathered over 1,000 signatures to place the issue of fluoridation on the
ballot for a vote of the people. Anyone interested in collecting signatures should
contact her at 377-7306.
Philip Heg~en, Bremerton resident, stated he has been before Council several
times expressing his opposition to fluoridation. He reported there is a Superior
Court Injunction currently being introduced to stop this fluoridation effort.
TAPES #1535, #153o'
City Council Reg. Mtg. Minutes
April 1, 1998
Page 10 of 13
Paul Drnjevic, Citizens for Safe Water, asked that Council delay voting on and
awarding the contract for construction of the Corrosion Control facility. 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
indicated 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 Corrosion Control Facility and adding
anther chemical to our water. People want to avoid exposure to chemicals, not
adding more chemicals. Kathleen Cahall, Water Resources Manager, and Gene
Sampley, Director of Public Works and Utilities, indicated the facility is needed
because Bremerton's water is so soft that it leaches lead from piping installed in
houses. It is planned to add lye (sodium hydroxide, caustic soda - commonly
known as Drano) to at least the water from Casad Dam. Mr. Sampley also said
that when fluoride is added to the water (it appears Bremerton will use fluosilicic
acid), more lye would have to be added 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 they use a fluoride base acid
and don't add a buffering agent such as lye 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 Tacoma's 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 system. The
information provided so far does not indicate a need for a Corrosion Control
Facility and definitely should not be a reason to spend more Bremerton
Taxpayers' money on an unneeded project. All persons interested in and who
want more information or interested in collecting signatures to put the fluoridation
issue to a vote of the people should call 377-7206. Mr. Knuckey pointed out
requirement for corrosion control is independent of the fluoridation. Corrosion
control was identified during studies that were performed several years ago. Mr.
Drnjevic acknowledged that studies were completed, but he doubts that they are
conclusive that the lead content of water at the faucet is dangerous.
#2802 MISICIU(MontgomerylOverson ) Motion to award a contract for
$857,329.21 (including sales tax) with Pease & Sons, Inc. for construction of the
project titled "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", and authorize the
Mayor to execute the same.
TAPES #1535, #153r5'
City Council Reg. Mtg. Minutes
April 1, 1998
Page 11 of 13
Mr. Shepherd stated 10% of the three studies the City conducted on corrosion
control exceeded the confidence level. Approximately one out of ten of the 180
homes surveyed exceeded the threshold for lead, which is 0.015 PPM.
Exceedents statistically derived from that was .02 of a milligram per liter of lead
in the water. Based on his calculations, only 7,000 homes in Bremerton are
affected and he suggested that those homes be re-plumbed to correct the lead
problem at a total cost $175,000, which could be provided through a home
assistance loan program through the City. That action would be much cheaper
than building a Corrosion Control Facility, long-term maintenance and staffing of
a facility that would have a life span of 20 years. Mr. Knuckey stated many
facilities have a 50-year life span when pumps and equipment are well
maintained. Mr. Shepherd stated he understands that the injection system for
fluoridation is not separate from the corrosion Control facility project, and that it is
a small part of the entire $937,000 cost of the project. He stressed the
importance of paying attention to the citizens' pleas to not continue with
implementation of the fluoridation. The City routinely moves forward on plans
that were approved and then regretted them later. He views this as another
perfect example where come November 1998, the City will have spent a lot of
money for a project that is not needed.
Mr. Law stated we continue to have referendums/discussions on fluoridation.
Prior to the Council vote on fluoridation, he polled his district and 80% of those
contacted wanted the issue of fluoridation to go to a vote of the people. The
Council chose to make the decision to approve implementation of fluoridation.
The second part of his question to the residents was if they supported fluoridation
and well over 60+% stated they did support fluoridation, therefore, that was the
basis for his supporting implementation of fluoridation. If the decision to
fluoridate is changed through a vote of the people in November, the city will have
to "bite the bullet" at that time.
TAPE #1536
Mr. Overson stated he appreciated Mr. Shepherd's concern, however, he was
not a participant in the studies, and the information he shared was his own
opinion. At this point, the Washington State Department of Health did not
provide the option recommended by Mr. Shepherd.
Councilman Olsen returned to Council Chambers at 6:45 P.M.
Mr. Olsen stated because he stepped out of the City Council Chambers during
this discussion, he would abstain from voting.
TAPES #1535, #1535-
City Council Reg. Mtg. Minutes
April 1, 1998
Page 12 of 13
Mr. Reed stated even though this issue is not fluoridation; his focus is more
financial. Mr. Knuckey did indicate there would be an ability to delete items
within the contract that could save the City money in the event the initiative
against fluoridation prevailed. In addition, that there was the possibility to
redesign the system and meet the corrosion control requirements without
implementation of the fluoridation. He supports the position that the issue of
fluoridation should be put to the vote of the public when it affects thousands of
people. He does support meeting the demands of the corrosion control, but not
spending money to fluoridate when there is significant opposition to it.
President Fan' agreed with Mr. Law's comments that Council did make a
decision on the Corrosion Control Facility and must move forward without picking
apart at every expenditure request. He respects the varying views of his fellow
Council members, however, he believes replacing someone's plumbing would be
considered a "gift" from the City and doubted that action would be legal.
Vote on Motion: In Favor: Montgomery, Arends, Farr, Overson, Law, McConnell
Oppose: Shepherd, Reed
Abstain: Olsen
Motion carried.
8D - SR304 TRANSPORTATION IMPROVEMENT PROJECT: AGREEMENT
WITH WASHINGTON STATE DEPARTMENT OF TRANSPORTATION TO
PROVIDE FUNDING FOR RIGHT-OF-WAY AC(~UISITION, #AB98 - 069
City staff, in cooperation with the project partners, has 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.
Tom Knuckey, Engineering Department, stated he was standing in for Randy
Witt, City Engineer, who was out-of-town. The approval of this item would
provide funds for right-of-way acquisition for a portion of the Gateway project.
Public comment - none.
Mr. McConnell questioned if he understood correctly that the State would
acquire the properties along the highway? Mr. Knuckey stated he would have
TAPES #1535, #1535'
City Council Reg. Mtg. Minutes
April 1, 1998
Page 13 of 13
the City Engineer respond to Mr. McConnell's question since he had not been
involved with this project.
Mr. Montgomery pointed out the City is the lead agency on this project and he
was pleased the project has moved forward to this point.
Mr. Reed explained the City contracted with the Department of Transportation to
negotiate the purchase of properties within the project area.
#0'198 MISICIU(ArendslMontgomery) Motion to authorize the Mayor to execute
the attached agreement with the Washington State Department of Transportation
for Right-of-Way funding on the SR304 Transportation Improvement Project.
President Farr thanked the TV camera crew for their services: Robert Neal, Jay
Bennett, Cheri Thompson, and Kris Knowles.
With no further business meeting adjourned at 7:04 P.M.
PAULA JOHNSTON, Deputy City Clerk
DAVID FARR, City Council President
City of Bremerton
P J/DF/me
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AGENDA BILL
BREMERTON CITY COUNCIL
!. SUBJECT': MINUTES - APRIL 8, 1998
FOR AGENDA OF: APRIL 15, 1998
ORIGINATING DEPT: City Council
ORIGINATOR: David Farr ~ President
DATE SUBMITTED: 4~9-98
2. ~: (comment on back
if necessary)
ENDORSEMMNT
MAYOR
INFORMATION
~oPROVED BY' COUNCIL PRESIDENT FOR SbM~M_rTT.~:
4. S~Y STATEMENT AND REOUiREMENT FOR CO~C!L Ac~ON:
8. R~COM/~ENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPiP~ATiON DATE:
REVYEW DATE:
PUT.I, ED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED .DISkPPROVED
..DATE:
11. AGENDA BIT J, NO:
TAPE #1537 - UNAPPROVED DRAr-q'
CITY COUCIL MEETING MINUTES
APRIL 8, 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, April 8, 1998, at 5:30 P.M., with Council President David Farr
presiding. Council members present were Jim Reed, Carlos Montgomery, Carol
Arends, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen.
Councilman Mike Shepherd was absent. Also present were City Attorney Glenna
Malanca and Deputy City Clerk Paula Johnston.
The meeting opened with the Pledge of Allegiance led by Council President Fart
and invocation given by Reverend Lawrence Rodgers of Central Kitsap Christian
Church.
President Farr made the following announcement(s):
(1) The Council held a Study Session prior to the Council meeting to discuss
general Council business.
(2) The City Council held a 10-minute Executive Session from 5:10 - 5:20 P.M.,
In the Council Conference Room, to discuss "Real Estate".
CONSENT AGENDA
A. Minutes of Meeting - March 25, 1998
#AB98-070
B. Professional Services Agreement - Bremerton #AB98-052
Main Street Association
#0037 MlSlC(McConnelllMontgomery) Motion to approve the Consent Agenda
as presented.
Vote on motion: In Favor: Montgomery, Arends, Farr, Overson, Law, McConnell,
Olsen
Abstain: Reed
Motion carried.
TAPE #1537
City Council Reg. Mtg. Minutes
April 8, 1998
Page 2 of 7
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
#0063 MISICIU(MontgomeryiOverson) On April 8, 1998, the Council does
approve for payment those vouchers included and further described as follows:
218520 through 218683 in the amount of $229,697.10; and Regular Payroll for
the period ending March 31, 1998, in the amount of $910,666.43.
COUNCIL MEMBER REPORTS
Mr. Olsen reported residents of District #5 and particularly those in the
Evergreen Park area should be aware that the Parks Department will be
removing 52 trees and replanting over 60 trees. Today at 10:00 A.M., he
attended an Arbor Day celebration where representatives from the West
Bremerton Garden Club planted the first new tree in Evergreen Park. He
thanked the West Bremerton Garden Club members for their part in that event.
Mr. McConnell reported the next District #2 Neighborhood Meeting is scheduled
for April 30, 1998, 6:30 P.M., at Fire Station #3 located on Olympus Drive. The
guest speaker at that meeting will be Mayor Lynn Horton.
Mr. Law announced District 3 will hold a Neighborhood Meeting on April 21,
1998, 7:00 - 9:00 P.M., at the Senior Center. The Guest speaker at that meeting
will be Alex Young, who is the principal Architect for the design of the new
Manette Bridge. This will be an opportunity for members of the public to give
their input on the new bddge design.
Mr. Overson welcomed his sister and brother-in-law, who are visiting from Los
Angeles. He is hopeful that they will enjoy their visit so much they will want to
relocate to this area. On April 6, 1998, the new Bremerton Area Chamber of
Commerce Executive Director made a presentation before the Council. He was
pleased to see a very aggressive and positive leadership coming from that
organization and urged his fellow Council members to support their efforts. He
also welcomed Congressman Norm Dicks, who visited Bremerton today. He
expressed his appreciation for all the good work that Congressman Dicks and the
other representatives in Washington D.C. have done for this area.
Mrs. Arends announced Districts ~6, #7 and #8 will hold a joint Neighborhood
Meeting on April 14, 1998, 7:00 P.M., at the Bremerton School District
Administration Building located on Marian Avenue. The program for that meeting
will include Assistant Police Chief Henry Mincey and an Animal Control Officer.
/7
TAPE #1537 "
City Council Reg. Mtg. Minutes
April 8, 1998
Page 3 of 7
Mr. Mont_aomerv reported on April 4, 1998, the City started replanting the area
at the north end of the Warren Avenue Bddge where the Scotch broom was
removed. Volunteers from Americorps and the Youth Volunteer Corps assisted
with the replanting effort and did an excellent job. Additional planting work will be
carried out on April 11.
Mr. Farr reported he attended the Grand Opening of the Chiluly Exhibit this past
weekend, which he found to be truly magnificent. He related an incident, where
an unnamed Council member reached over a very expensive piece of artwork
and caused it to wobble, which brought about a collective gasp from those in
attendance.
MAYOR'S REPORT - None
PUBLIC RECOGNITION
Joseph Victor Paul II stressed the importance of "freedom of speech" and
apologized for a comment he made to someone, who had spoken before the City
Council at the previous meeting, regard what he considered to be a derogative
comment about City Police Officers. Even though he disagreed with that
speaker, he felt it was important to remember that person had the right to say
whatever he wished without someone putting them down for their beliefs. He
emphasized let's not spit on each other as we exercise freedom of speech.
Larry Dickerson, Bremerton resident, requested Council's full support to deny
the renewal of business license for the Far East Sauna. Historically, that
business has been a house of prostitution and has been an active house of
prostitution since it was closed down in July 1997. He referenced a newspaper
article in THE SUN dated 7-7-1997, and comments made by the owners
compared to what has actually transpired at that location. He felt strongly they
need not ever again open. The activities picketing the Far East Sauna on April
7, 1998, also involved Mr. & Mrs. John Taylor, another family that wished to
remain anonymous for fear of retaliation, and the culmination of three Block
Watch groups coordinating together. He emphasized all of those involved
deserved equal credit. President Farr stated Mr. Dickerson would be provided
the status of that business license; and he thanked Mr. Dickerson for his efforts.
Brandi Lurachy, student at Klahowya Secondary School, stated she was a
former student at Bremerton Junior High School and was removed due to student
behavior around that school. She believes that the students' behavior at
Bremerton Junior High School could be improved if the students became more
involved with the teachers and more school activities. She asked if there was
any way for the City Council to help her show the Junior High students and
teachers that things can improve so that it will create a better School District and
TAPE #1537
City Council Reg. Mtg. Minutes
April 8, 1998
Page 4 of 7
one the whole City can be proud of. She believes the students can be brought
up to a higher standard of learning and behavior. President Fan' stated Ms.
Lurachy's comments will be passed on to Mayor Horton so that it could be
shared with the Bremerton Youth Council, and the Bremerton School District. He
noted Ms. Lurachy has started something already with her remarks and they are
appreciated.
Gordy Byrd acknowledged the prior speaker and applauded her efforts to help
others. He urged the City Council to support the needs of the City's Police and
Fire Departments.
Ruth Natividad, Citizens For Safe Water, related an incident involving
Councilman Carlos Montgomery when she was asking people to sign a petition
against fluoridation in front of the Post Office on Pacific Avenue. She felt strongly
that his comments were inappropriate, inaccurate, and unprofessional. Citizens
For Safe Water will hold an open general meeting on April 9, 1998, 7:00 P.M., in
the Community Room of Washington Mutual Bank located at 5th and Pacific
Avenue. Information on their organization is available by calling 377-7306.
Ramona Hopkins, Citizens For Safe Water, thanked "Sun" reporter Julie
McCormick for the article that appeared in the April 6th edition of THE SUN. Her
group has received many calls and encouragement for their efforts. She urged
those in support of their efforts to call 377-7206.
Dan Waldbilli.q, Citizen For Safe Water, referenced U.S. Department of Health
and Human Services publication "Toxicological Profile For Fluoride and asked
how many City Council members had read it. He urged members of the public to
obtain a copy of this publication, which is free through the U.S. Department of
Health and Human Services (404) 639-6322, so that they can be informed voters
when this issue comes upon on the ballot on September 15, 1998, if they are
successful in getting the necessary signatures for a referendum.
'Paul Drnievic, Citizens For Safe Water, referenced prior Council action involved
with a Corrosion Control and Fluoridation Facility. He restated the comments he
made at a prior Council meeting addressing that issue. He announced all
persons interested in and who want more information on the issue of fluoridation
should call 377-7206. He also urged the public to attend the open public meeting
on April 9, 1997, 7:00 P.M., in the Community room of Washington Mutual Bank.
Don Larson, President Kitsap Diving Association, reminded everyone of the
Sinclair Inlet Clean Up and Marine Fair scheduled for April 18, 1998, 11:00 AM -
2:00 P.M., at the First Street Dock. Other activities will include tree/vegetation
planting and clean up at Lions Field Boat Launch and shoreline clean up starting
at the Annapolis Boat Launch in Port Orchard.
TAPE #1537 ' '
City Council Reg. Mtg. Minutes
April 8, 1998
Page 5 of 7
Mr. Law reminded everyone that the City's Clean Sweep '98 will commence April
13 - 17 (10:00 A.M. - 6:00 P.M., and April 18th (8:00 AM - 4:30 P.M.) Residents
can bring yard waste only, nothing over 8 ft. in length and no loads larger than a
pickup truck and small trailers, to the Public Works Complex located at 100
Oyster Bay Avenue North. In addition, Olympic View Sanitary Landfill will be
accepting mattresses and upholstered furniture (no appliances) during Spring-
Clean Up week at one-half the usual rate.
8A - REVISIONS TO 1998 COMMUNITY DEVELOPMENT BLOCK GRANTS,
#AB98-071
The City of Bremerton has been notified from HUD that our actual 1998
Community Development Block Grant allocation is $576,000. The City Council
approved the CDBG Advisory Committee's recommendations for $550,000 in
1998 CDBG funds in October 1997. Attached are the recommendations for the
additional $26,000 in CDBG funds, $113,832.03 in Program Income from Loan
Repayments, $98,770.75 from previously funded projects and $100,000 in
HOME Consortium funds.
Debbie Peavler-Stewart, Department of Community Development, stated the
proposed reallocation was presented to the Fiscal and Budget Committee and
Operations Committee during the week of March 30. Organizations that had
previously submitted 1998 CDBG applications also received copies of the
proposed reallocation and it was published in THE SUN. As of this date, no
comments had been received on that posting.
Public comment - none.
#1198 MISICIU (Montgomery/Arends) Motion to approve attached funding
recommendations.
8B - APPLICATION TO PARTICIPATE IN THE GRANT PROCESS FROM THE
WASHINGTON STATE DEPARTMENT OF HEALTH, OFFICE OF
EMERGENCY MEDICAL & TRAUMA PREVENTION, #AB98-072
The Fire Department requests permission to apply and accept the $1200.00
Participation Grant from the Washington State Department of Health, Office of
Emergency Medical & Trauma Prevention. This grant is being offered to ALL
Washington State vedfied and licensed trauma care agencies to assist in trauma
data collection.
Fire Chief Al Duke stated in 1990 the Department of Health and State
Legislature developed the Trauma Care Act of 1990, which addressed studying
trauma care and unfunded reimbursement through this process. In the process
they thought the individual agency would provide them data, however, several
TAP E #1537
City Council Reg. Mtg. Minutes
April 8, 1998
Page 6 of 7
agencies did not comply. As a result, a unique grant was created whereby the
various agencies must refuse the grant. The City wishes to take advantage of
the grant and requests Council's approve to submit the application.
Public comment - none.
#1267 MISIClU(MontgomerylOIsen) Motion to authorize the Fire Department to
apply and accept the $1200.00 Participation Grant from the Washington State
Department of Health, Office of Emergency Medical & Trauma Prevention. The
funds would be used to purchase a new computer for the Fire Department
Medical Officer for use in the required data collection for the State of
Washington.
8C - BUDGET ADJUSTMENT FOR STAFFING IN THE FIRE DEPARTMENT,
#AB98-073
The administration and staff have determined that it is in the best interest of the
City to increase the level of service in the clerical staff of the Fire Department.
This would allow the Fire Department to be more responsive to the requests of
the Public and the entire City staff. Currently there is one Office Assistant Senior
to provide clerical support to an administrative staff of seven.
Fire Chief Al Duke stated they reviewed several other operations within the City
and compared those with their staff of 55 individuals on their payroll and well in
excess of 150 purchase orders. One individual services a 7-member staff, is the
receptionist, who responds to the public, fields 20-25 telephone calls per day,
and performs other numerous clerical operations within the Fire Department.
The shortage of clerical staff has been a problem for some time and the
department is anxious to improve their customer service both to the public and to
Fire Department staff.
Public comment - none.
Mr. McConnell stated his support for this proposal based on the fact that it will
give the public increased service by the department.
#1353 MISlClU(OlsenlMontgomery) Motion to approve Budget Adjustment #98-
10, increasing staffing in the Fire Department by one Office Assistant - 1.
8D - RADIO BROADCAST TOWER LEASE WITH TRIANGLE
BROADCASTING COMPANY, #AB98 - 074
The existing radio broadcast tower at Forest Ridge Park has changed ownership.
The new owner, Triangle Broadcasting Company, has agreed to lease the
existing tower site for three years with a three-year option to renew at $400 per
TAPE #1537 -
City Council Reg. Mtg. Minutes
April 8, 1998
Page 7 of 7
month rent, including CPI inflator. Repair and clean-up issues at the site have
been resolved.
Paula Johnston, Deputy City Clerk, explained Triangle Broadcasting recently
acquired KBRO Radio Station and agreed to a 3-year lease for the tower. The
tower has been in existence in Forest Ridge Park for 20+ years and the rental fee
is comparative to fair market rate. There were some clean up issues at the tower
site that needed to be addressed and as of this date those have been corrected.
Public comment - none.
Mr. McConnell stated it was his understanding that the monthly rental fee would
be $500.00 per month not $400.00. Ms. Johnston stated Mr. McConnell might
have this proposal mixed up with another lease. The agreement calls for a
monthly fee of $400.00. Mr. Olsen questioned the amount of the fee for the
tower contract Ms. Johnston mentioned? Ms. Johnston stated that fee was
$370.00 per month.
Mr. Montc~omerv asked if other users could utilize the tower? Ms. Johnston
explained it is a "radio" tower for transmission only and no co-location will be
allowed.
#1502 MISICIU(MontgomerylOIsen) Motion to approve the radio broadcast tower
lease with Triangle Broadcasting Company.
Vote on motion:
Motion carried.
In Favor: Reed, Montgomery, Farr, Overson, Law, OIsen
Abstain: Arends, McConnell
President Farr thanked the TV camera crew for their services: Robert Neal,
Cheri Thompson, Kris Knowles, Debi Dreiling.
With no further business meeting adjourned at 6:16 P. M.
PAULA JOHNSTON, Deputy City Clerk
DAVID FARR, City Council President
City of Bremerton
P J/DF/me
cc: Normal Distribution
FileNault
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT:
Appointment of Design Review
Committee
FOR AGENDA OF: April 15, 1998
ORIGINATING DEPT: Executive
ORIGINATOR: .Mayor Horton
DATE SUBMITTED: . April 9, 1998
2. CLEARANCES: (comment on back
if necessary)
3. EXHIBITS:
Applications for Appointment
ENDORSEMENT INFORMA~IO~ __
APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
COUNCIl, PRESIDENT /_~~. ~
4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION:
The Downtown Waterfront Urban Renewal Plan requires a Design Review
Committee for development on the waterfront.
It is recommended the following citizens be appointed to the committeee:
Donald RiCks
Jeffrey Hecker
diane Robinson
Kim Beckett
Laurie Wainwright
8. RECOMMENDATION:
Motion to confirm the appointment of the above citizens to the Design
Review Committee.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE QF ~CTION
APPROVED DISAPPROVED
DAT
AMEN
11. AGENDA BILL NO:
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-pASSAGE:
6. IMPACT ON STAFFING, BUDGETS, FACIL!TIES~ EQUIPMENT OR OTHER RESOURCES:
7. RESEARCH SOURCES:
CITY OF BREMERTON
APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE
NOTE:
As an applicant for a City Board, Commission or Committee, your name, address, and
You will be contacted before
telephone number will be available to the press and public.
any action is taken on your appointment.
(Please type or print clearly)
Donald L. Ricks
3560 Narrows View
Lane N.E. #101
Bremerton, WA 98310
NAME:
HOME ADDRESS:__
OCCUPATION:
EDUCATION:
PROFESSIONAL/COMMUNITY ACTIVITIES:
LOCAL REFERE,~ES (name & phone number):
I AM INTERESTED IN SERVING ON (please check one or
()
()
()
()
()
()
Disability Action Committee
Civil Service Commission(18 yrs.& older)
Urban Forest Committee
Cable Communications Advisory Committee
Community Development Block Grant
Advisory Committee
Youth Council
Safe Streets' Steering Committee
Citizen's Commission on Council Salaries
an applica{ion for reappointment7 ~;~ o
Is this
more):
Planning Commission (18 yrs. & older)
Parks & Recreation Commission
Ethics Commission
Parking Advisory Board
Solid Waste Management
Bremerton Housing Authority
Board of Appeals, Housing/Building Codes
Mayor's Select Committee on Law
Enforcement
if yes, how many years have you served on this commission/committee7
Mayor's Office
239 4th Street
Bremerton, WA
PLEASE RETURN TO:
98337
Applications be reviewed periodically to determine continued availability.
information may be put on back.
Additional pertinent
NOTE:
CITY OF BRENIERTON
APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE
As an applicant for a City Board, Commission or Committee, your name, address, and
telephone number will be available to the press and public. You will be contacted before
any action is taken on your appointment.
(Please type or print clearly)
NAME:
HOME ADDRESS:
OCCUPATION:
DATE:
PHONE:
Jeffrey A. Hecker
223 Shore Drive
Bremerton, WA 98310
Licensed Architect in the State of Washington
DBA - Hecker Architects
March 26th, 1998
479-5459 (extension) (H)
479-5459
EDUCATION: Bachelor of Architecture - Washington state University - 1984
PROFESSIONAL/COMMUNITY ACTIVITIES:
Sinclair Landing Association Board Member
Member of Bremerton Area Chamber of Commerce
LOCAL REFERENCES (name & phone number):
James H. Robinson 377-0066
Dr. Paul McCullough
479-2544
Ralph Erickson
377-5582
I AM INTERESTED IN SERVING ON (please check one or more):
Disability Action Committee ( )
Civil Service Commission(18 yrs. & older) ( )
Urban Forest Committee ( )
Cable Communications Advisory Committee ( )
Community Development Block Grant ( )
Advisory Committee ( )
Youth Council ( )
Safe Streets' Steering Committee ( )
Citizen's Commission on Council Salaries
()
()
()
()
()
()
()
()
Planning Commission (18 yrs. & older)
Parks & Recreation Commission
Ethics Commission
Parking Advisory Board
Solid Waste Management
Bremerton Housing Authority
Board of Appeals, Housing/Building Codes
Mayor's Select Committee on Law
Enforcement
Is this an application for reappointment? No
If yes, how many years have you served on this Commission/committee?
N/A
PLEASE RETURN TO:
Mayor's Office
239 4th Street
Bremerton, WA
98337
Signature
Applications be reviewed periodically to determine continued availability.
information may be put on back.
CITY OF BREIVIERTON
APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE
NOTE:
As an applicant for a City Board, Commission or Committee, your name, address, and
You will be contacted before
telephone number will be available to the press and public.
any action is taken on your appointment.
DATE:
PHONE:
(Please type or print clearly)
PROFESSIONAL/COMMUNITY ACTIVITIES:
LOCAL REFERENCES (name & phone number):
I AM INTERESTED IN SERVING ON (please check one or more):
Disability Action Committee ( )
Civil Service Commission(18 yrs.& older) ( )
Urban Forest Committee ( )
Cable Communications Advisory Committee ( )
Community Development Block Grant ( )
Advisory Committee ( )
Youth Council ( )
Safe Streets' Steering Committee ( )
Citizen's Commission on Council Salaries
Is this an application for reappointment? j~5 .....
Planning Commission (18 yrs. & older)
Parks & Recreation Commission
Ethics Commission
Parking Advisory Board
Solid Waste Management
Bremerton Housing Authority
Board of Appeals, Housing/Building Codes
Mayor's Select Committee on Law
Enforcement
If yes, how many years have you served on this commission/committee?
PLEASE RETURN TO:
Mayor's Office
239 4th Street
Bremerton, WA
98337
Applications be reviewed periodically to determine continued availability.
information may be put on back.
Additional pertinent
CITY OF BREIViERTON
APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE
NOTE:
As an applicant for a City Board, Commission or Committee, your name, address, and
telephone number will be available to the press and public. You will be contacted before
any action is taken on your appointment.
(Please type or print clearly)
NAME: ~:~
HOME ADDRESS: I~- ~"-) --~~-~
DATE:
PHONE: ~(~C~ '~'-7.~C~t~_ (H)
(w)
PROFESSIONAL/COMMUNITY ACTIVITIES:
LOCAL REFERENCES {name & phone number):
lAM
()
()
()
()
()
()
()
()
INTERESTED IN SERVING ON (please check one or
Disability Action Committee
Civil Service Commission(18 yrs. & older)
Urban Forest Committee
Cable Communications Advisory Committee
Community Development Block Grant
Advisory Committee
Youth Council
Safe Streets' Steering Committee
Citizen's Commission on Council Salaries
Is this an applica{ion for reappointment? ~O
more):
Planning Commission (18 yrs. & older)
Parks & Recreation Commission
Ethics Commission
Parking Advisory Board
Solid Waste Management
Bremerton Housing Authority
Board of AppealS, Housing/Building Codes
Mayor's Select Committee on Law
Enforcement
If yes, how many years have you served on this commission/committee7
PLEASE RETURN TO:
Mayor's Office
239 4th Street
Bremerton, WA
98337
Applications be reviewed periodically to determine continued availability.
information may be put on back.
Additional pertinent
CITY OF BREIVlERTON
APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE
NOTE:
As an applicant for a City Board, Commission or Committee, your name, address, and
telephone number will be available to the press and public. You will be contacted before
any action is taken on your appointment.
(Please type or print clearly)
NAME: L.~0J~.I~_/ ~r.
HOME ADDRESS:
OCCUPATION: ~ k t'F' ~.4G '~.O~
EDUCATION: ~ ',//~jO ~P~ (.~ ~)t/P_.~ ,/<,M'~, 'O~jbl~ ~,r2. ¥.'T', ~,
ESSIONAL/COMMUNITY ACTIVITIES:
LOCAL REFERENCES (name & phone number):
lAM
()
()
()
()
()
()
()
()
INTERESTED IN SERVING ON (please check one or more):
Disability Action Committee
Civil Service Commission(18 yrs. & older)
Urban Forest Committee
Cable Communications Advisory Committee
Community Development Block Grant ( )
Advisory Committee ( )
Youth Council ( )
Safe Streets' Steering Committee ( )
Citizen's Commission on Council Salaries
Planning Commission (18 yrs. & older)
Parks & Recreation Commission
Ethics Commission
Parking Advisory Board
Solid Waste Management
Bremerton Housing Authority
Board of Appeals, Housing/Building Codes
Mayor's Select Committee on Law
Enforcement
Is this an applica{ion for reappointment?
If yes, how many years have you served on this commission/committee?
PLEASE RETURN TO:
Mayor's Office
239 4th Street
Bremerton, WA
Signature
Applications be reviewed periodically to determine continued availability.
information may be put on back.
MAYOR'S OFFICE
AGENDA BILL
BREMERTON CITY COUNCIL
1. Subject: FOR AGENDA OF: 4/15/98
Letter of Intent to annex ORIGINATING DEPT: Exl~utiv~e~
a Kitsap Lake property described as ORIGINATOR: T. O2qeill0-2x~
Camp McKean, owned by the DATE SUB~ 4~98
Department
2. Clearances: (iCo~ ~jack. ifdfje, ces..~) 5. Exhibits:
City Attorney?
Council C ommitt
ENDORSEMENT '~ INFORMATION__ APPROVED BY COUNCR,
4. SUMMARY STATEMENT & REQUIREMENT FOR COUNCIL ACTION:
The city of Bremerton has received a Letter of Intent to commence annexation proceedings from
the Department of the Navy for the Camp McKean property, which is located on the shoreline of
Kitsap Lake adjacent to the southwest section of the city. The site is valued at $296,750 and
consists of 18.75 acres of land. The letter signifies the initiating step in the annexation process.
According to the Revised Code of Washington (RCW 35.13.125), after being notified of the
proposed annexation, the city council must set a date within sixty days of the filing of the notice
for a meeting. The notice was received on April 2, 1998. At the required meeting, the city
Council is to determine:
1. Whether the city will accept, reject or geographically modif~ the proposed annexation;
2. Whether it will require the simultaneous adoption of a land use designations or accept an
administratively assigned provisional zone most similar to the former county zoning as
allowed in the Bremerton Municipal Code (BMC 21.02.060); and
3. Whether it will require the assumption of all or any portion of existing city indebtedness by the
area to be annexed.
8. RECOMMENDATION:
City recommends the city Council: 1.) accept the proposed annexation as proposed; 2.) allow the
administrative assignment of provisional zoning to the site; and 3.) require the area to assume a
proportional share of existing city indebtedness.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
PULLED
10. NOTICE OF ACTION:
TABLED __ APPROVED __ DISAPPROVED __
COUNCIL DIRECTIVE:
DATE:
2. Clearance Comments:
5. Impact on Non=passage:
If the Letter of Intent to annex the area proposed is not accepted the annexation could not
proceed unless a new petition is filed at a later date. The annexation of Camp McKean is a key
obstacle to future annexations of areas beyond the property (i.e. Port Blakely and SW Kitsap
Lake).
If the area is not annexed, the ability of the city to annex adjacent lands in the future would be in
jeopardy. This is true because of state annexation objectives that require new annexation to
prevent abnormal or irregular boundaries (RCW 36.93.180) and McKean would be an island of
county land within the city.
6. Impact on staffing, budgets, facilities, equipment and other resources:
There is virtually no impact to the city in this annexation. The city does not provide emergency
services to federal lands and there are no residents living on the site. No taxes are generated by
this annexation because federal lands are exempt bom property taxes. The only impact is a
reduction in utilities rates to the navy for the water and sewer services which are already being
provided there.
Research Sources:
Revised Code of Washington
Bremerton Municipal Code
Annexation Handbook, MRSC
CERTIFICATION OF LETTER OF INTENT
I, Kathleen McCluskey, City Clerk of the City of Bremerton, do hereby certify that I received
today a Notice of Intent to commence Annexation Proceeding for the Camp McKean
Annexation, which is located adjacent to the southwest section of the city limits on the shoreline
of Kitsap Lake.
The assessed valuation of the area proposed for annexation is $296,750according to the Kitsap
County Tax assessors records.
The assessed valuation of property represented by signatures is $296,750. The
therefore constitute more than the required 10%, which would be $29,675.
SIGNED AND SEALED this '~day of ~ 19
signatures
K~~ McCLUs~y, ~¥
City Clerk, City of Bremerton ~
SEAL
DEPARTMENT OF THE NAVY
PUGET SOUND NAVAl. SHIPYARD
1400 FARRAGUT AVENUE
BREMERTON, WASHINGTON g8314-E~O1
IN REPt. Y REFER TO:
58OO
Scr 1130/127
March 25, 1998
The Honorable Mayor and Bremerton City Council
The City of Bremerton
239 Fourth Street
Bremerton, WA 98337
Dear Mayor Horton and City Council Members:
Let this letter serve as a Letter of Intent to commence annexation proceedings fi.om the
Puget Sound Naval Shipyard for the area known as Camp McKean and legally described
in the attached Exhibit "&" into the jurisdictional boundaries of the City of Bremerton.
The Puget Sound Naval Shipyard does represent ownership of not less than ten percent
(10%) in value.
It is requested that the City Council of the City of Bremerton set a date not later than sixty
(60) days after the filing of this request for a meeting with the Puget Sound Naval
Shipyard to discuss:
1. Whether the City Council will accept a 75% petition for annexation; and
2. The inapplicability of comprehensive plan, zoning, and land use designations for
the proposed federal area under RCW 35.13.177, 35.13.178, and Bremerton Municipal
Code 21.02.260; and
3. The fact that all areas to be annexed are exempt fi-om taxes and therefore not
subject to a proportional share of existing city indebtedness.
The property owner has not executed an Outside Utility Agreement prior to the submittal
of this Letter of Intent. The property owner agrees that the City may terminate
connections to city sewer, immediately, upon the withdrawal or other termination of this
Petition by the property owner, in accordance Mth the terms of contract number N68711-
96-M-2292.
D. E~. ~,4.UGH ~
Captain, U.S. Navy
Shipyard Commander
Date
RECEIVED
OFFICE OF CITY CLERK
DATE~ TIr,~E._~2-.~'h''--
ATS / C2330
LEGAL DESCRIPTION FOR 172401-2-033-2005
04/O2/98
SECTION 17 TONNSHIP 24 RANGE 1E
1
2
3
4
5
6
L 2 BAAP ON SEC LN BEARING N 1'31 '18' E 305FT FROH 1/4 SEC
COR TO SECS 17 & 18 N 1'31 '18' E 205.60FT S 89*24'57' E
1603.80FT TO SHORE OF KTTSAP LAKE ALG SHORE OF LAKE TO A PT
BEARING S 55'19'27E 182.95FT ALG LAKE SHORE TO A PT BEARING
S 13'35'20' N 105.26FT N 89*25'52' N 1735FT TO BEG EX TO
U.S.A. ALSO TH $ 12.50 AC OF LOT 2 EXC RD R/N
PRINT TO FILE
i 040 022
OJ8 02 7 ~
,,.
,.. ",,, ...... 5
..... oo~ ...... ~ --
............. ;;~ · '~~~~
.... :: ....
061 ' ~ 051
SC~CE CITY OF BREMERTON CAMP UNION
HORI~.T.S- DEPAR~ENT OF PUBLIC WORKS
& UTILITIES
PLOT 1:1 ENGINEERING DIVISION
SHE~
DRA~NG NO. DRAWN BY: S~M.J. DESIGN BY: CHECKED BY:
DATE , ,. DA~ 1 OF 1
CAMPU .... ]DA~ 4-6-98 ......
STAFF REPORT
Prepared by Teme 0 'Neill, MSC, Oty of Bremerton
April 2, 1998
In 1991, the city of Bremerton annexed portions of the lands lying northwest of Kitsap Lake into
the city. Property owners of the area were interested in services available from the city. Up to that
time, the area had managed its own surface water district and, due to the Federal Safe Drinking
Water Act stem mandates, decided to dissolve the district and become a part ofthe city system.
Residents on the shoreline shared concerns about health and environttumtal factors of the lake
which was being impacted by failing on-site septic systems. Following annexation, area property
owners decided to form a utility improvement district to pay for the extension of city wastewa~
service to the area.
The Department of the Navy, although they were not included in the 1991 annexation, did
participate in the wastewater improvement district but have only recently decided to connect to the
On April 2, 1998, the city of Bremerton received a Letter of Intent to annex the Camp McKean
property into the boundaries of tho city of Bremerton through the l~ition method of annexation.
The annexation of this site will have little impact on the city of Brmmlon, inasmuch as the city
already provides sewer and water services to the site, tmt~c flowing to the site already flows over
city right of way, and because the Camp McKean site is a federal reserve and, as such, does not
require municipal services such as police, fire and medic service. The site is not assessed property
tax because of its federal exemption. The annexation of this site is proposed in order to comply
with the objectives of the state with regards to the presenvafion of neighborhoods and the
prevention of illogical boundaries. The Camp McKean site is an area that, if not incorporated,
might prevent the logical extension of the city's serqi~ to areas beyond Camp McKean to the
southwest portions of the lake and to the west where plan are underway for the Port Blakely
developments. ~U~an
The property is within the curt Growth Area Boundaries ~ adopted by the county on
December 23, 1996 for ~ p~. It is anticipated that the new UGA boundary will
adopted sometime in April 1998. The new UGA boundary, a~ propo~ in the "discussion draW'
map do~ not include the Camp McKean site. The city has indicated to the county that ~ site is
served by the city and has request~ incorporation. If the annexation is not completed before the
new plan takes affect and the site is not within the IJG~, the annexal:ion would not be able to
proceed according to recent court decisions in this area.
The city has no choice but to file the Letter of Intent for Council's decision. The city Council must
decide whether to proceed now with the annexation and u_~_~empt to complete the process prior to the
adoption of a new map (if the site is omitted from the final eonnty plan) or refuse the Letter of
Intent. If the Letter oflnteut is refused the annexation cannot move ahead and a new signature
would need to be obtained in the furore from the Depaxmu~ of the Navy if annexation was to
occur. The city has worked with the Navy since 1991 to obtain this letter of intent.
A~ENDA BIT.T,
BREMERTON CITY COUNCIL
1. SUBJECT:
36-Inch Watermain Gorst/Res. 4
Amendment No. 1 to Professional
Services Agreement with Parametrix, Inc.
FOR AGENDA OF: April /.~, 1998
ORIGINATING DEPT.: Public Works & Utils
ORIGINATOR: Randy Witt~a~%
DATE SUBMITTED: April 3, 1998
2. CLEARANCES_.' (Comment on back
/~~ if necessary)
Public Works &'~lties Director
~ ~]~A~ ~0 rne~;/
3. EXHIBITS
Amendment No. 1 to Professional
Services Agreement
City~easurer~ ~
Council Fiscal & Budge,%~Committe~J
ENDORSEMENT ~ INFORMATION [] APPROVED BY COUNCIL PRESID~/~T FOR SI/BMITT/tL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL A/2TION:
Amendment No. 1 increases the Scope of Work and Budget of Parametrix's
Professional Services Agreement.
8. RECOMMENDATION:
The City Council authorize and direct the Mayor to execute the attached Amendment
No. 1 to Professional Services Agreement for the 36 Inch Water Transmission
System Improvements - Gorst to Reservoir No. 4 with Parametrix, Inc., in the
amount of $35,202.00.
RESPONSIBLE OFFICIAL: Director Pub Wks & Utils
ENFORCEMENT OFFICIAL: Director Pub Wks & Utils
EXPIRATION DATE:
REVIEW DATE:
PULLED [] TABLED []
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED [ ] DISAPPROVED [ ]
AMENDED [ ]
37
((~er)
11.
2. C?.~.ARANCE C~NTS:
4. SU~94ARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation
Additions to Parametrix's scope of work include: Additional assistance in
obtaining construction permits and easements from WSDOT, the Navy and the Navy's
railroad operator; design of reservoir inlet and outlet connections; updating
Contract specifications to WSDOT 1996 base specification; coordination with the
City's corrosion control project and transient (surge) analysis of the pipeline.
Also, because final design work on this project was delayed because of funding
difficulties, the Amendment includes an amount to cover escalation of labor costs
from 1995 to 1998 levels.
The total amount of Amendment No. 1 is $35,202.00.
Council is approval of Amendment No. 1.
The action before the City
5. IMPA~T OF NON-PASSA//E:
Disapproval will result in suspension of Parametrix's work, consequential delays
in completing this project, and potential loss of a Public Works Trust Fund loan
for construction.
Staffing: No Impact
Budget: Expenditure of $35,202 from the Water Capital Fund.
were budgeted to complete this work.
Facilities/Equipment: No Impact
IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT AND OTHER RESOURCES:
Sufficient funds
7. RESEARCH SOURCES: None
PROJECT
LOCATION
LOCATION ~AP
AMENDMENT NO. 1
PROFESSIONAL SERVICES AGREEMENT
The City of Bremerton, Washington (the "CITY"), and Parametrix, Inc. ("PARAMETRIX"), have
entered into a PROFESSIONAL SERVICES AGREEMENT, hereinafter referred to as
AGREEMENT for a project generally described as:
36 Inch Water Transmission System Improvements Gorst to Reservoir No. 4
This AMENDMENT NO. 1 modifies the Scope of Work and Budget set forth in Exhibits "A" &
"B" to the basic AGREEMENT as follows:
The CITY shall pay PARAMETRIX, on a time and expense basis an amount not to exceed
$35,202.00 without prior approval for the Scope of Work set forth in Exhibit "A". This
AMENDMENT NO. 1 increases the Contract from an amount not to exceed $60,192.00 to an
amount not to exceed $95,394.00
Except herein modified, the terms of the basic AGREEMENT dated
shall remain in effect except the Contract term shall be extended from December 31, 1997 to
December 31, 1998.
In WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 to the
Professional Services Agreement the date and year indicated.
For the CITY OF BREMERTON, Washington, dated this
19
day of
'card A. Dunlap, P.E.
Managing Principal
Date: BY:
DEPARTMENTAL APPROVAL:
CITY OF BREMERTON
Lynn Horton, Mayor
APPROVED AS TO FORM:
City Attorney, Ian R. Sievers
City of Bremerton - 36 Inch Water Main
Revised Amendment No. I
SOWAMDN. 1
PMX #23-1896-33
Issued: November 6, 1997
Revised: March 17, 1998
Amendment No. 1
Exhibit "A"
CITY OF BREMERTON DEPT. OF PUBLIC WORKS AND UTILITIES
36 INCH WATER TRANSMISSION SYSTEM IMPROVEMENTS
GORST TO RESERVOIR NO. 4
SCOPE OF WORK
BACKGROUND:
The 36 Inch Water Transmission Main from Gorst to Reservoir 4 is scheduled for construction in
1998. The purpose of this amendment is to incorporate design modifications necessary to facilitate
connection to the Corrosion Control Facility, and update the Contract Bid Package for 1998
construction. The Plans, Specifications and Estimate for this project were completed to the 95%
level in 1993 and the project was put on hold. A scope of work for completion of the plans was
prepared in 1995. The project was delayed and the modifications to the scope of work developed
in 1995 are further described below:
TASK1
PERMIT ASSISTANCE
Estimate one additional meeting with WSDOT and U.S. Navy Railroad.
Estimate one meeting and correspondence with California and Arizona Pacific.
Preparation of an easement for the Hazelwood Property.
Extended coordination with WSDOT.
TASK 2
The following
·
TASK3
CONTRACT PLANS, SPECIFICATIONS AND ESTIMATE
additions have been made to this task:
Design Reservoir inlet connection and outlet bypass connection in accordance with
preliminary drawings provided by the City.
Update Contract Specifications to the WSDOT 1996 Specifications. Prepare
Specifications in Amendment format. Division I will be prepared by the City of
Bremerton.
Coordination with City staff and Corrosion Control Project (3 review meetings).
Evaluate Class 50 vs Class 52 Ductile Iron Pipe along the highway.
CONSTRUCTION SERVICES
No modifications to this task.
City of Bremerton - 36 Inch Water Main
Revised Amendment No. 1
SO WAMDN. 1
2
PMX #23-I896-33
Issued: November 6, 1997
Revised: March 17, 1998
TASK 5 ADDITIONAL ENGINEERING SERVICES
Budgetary increase only. No other modifications to this task. Additional engineering servSces will
be performed following authorization of the City Engineer.
City of Bremerton - 36 Inch Water Main
Revised.4mendment No. 1
SO W.4 MDN. 1
PMX #23-1896-33
Issued: November 6, 1997
Revised: March 17, 1998
AMENDMENT NO. 1
EXHIBIT "B"
BUDGET
]: : : Amount iAmbUfii : I Total
Task 1 Permit Assistance $9,520.00 $4,368.00 $13,888.00
Task 2 Contract Plans, Spec. & Est. $17,100.00 $25,334.00 $42,434.00
Task 3 Construction Services $22,872.00 $0.00 $22,872.00
Task 4 Expenses $3,000.00 $0.00 $3,000.00
Task 5 Additional Engineering Serv $7,700.00 $1,800.00 $9,500.00
Task 6 1998 Rate Adjustment* $3,700.00 $3,700.00
$60,192.00 $35,202.00 $95,394.00
* 8% of remaining project budget to escalate salary costs from 1995 to 1997/1998.
City of Bremerton - 36 Inch Water Main
Revised Amendment No. I
SOWAMDN. 1
PMX #23-I896-33
Issued: November 6, 1997
Revised: March 17, 1998
AGENDA BILL -
BREMERTON CITY COUNCIL
RESOLUTION # o~&//~
1. SUBJECT: 36" WATER MAIN - G'ORST
TO RESERVOIR 4 CONSTRUCTION.
ACCEPTANCE OF PUBLIC WORKS
TRUST FUND LOAN (NO PW-98-791-008)
2. CLEARAt>j~--'R~: (Comment on back
~ U~lities
cit,'2-r asurer/
~[Fiscal & Bu~t ~nmittee ~
~mcil Operations Committee
FOR AGENDA OF: April 1511998
ORIGINATING DEPT: Public Works & Utils
ORIGINATOR: R. Witt. City'
DATE SUBMITTED: March 30. 1998
3. EXHIBITS:
1. Resolution # ~ ~
2. PWTF Loan vs. Bond Cost Comparison
3. Loan Agreement
ENDORSEMENT~ INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
MAYOR-"-,~rt._,,., _~ '~r,-'/,., COUNCIL PRESIDENT ~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City applied for and received a Public Works Trust Fund (PWTF) loan in the amount up to S3.150.000 for
construction of the 36" Water Main - Gorst to Reservoir 4 improvements. The loan is to be paid back over 20 years at
1% interest. The attached Resolution accepts the loan and authorizes the Mayor to sign all documents relative to the
loan.
5. RECOMMENDATION:
Tlnc City Council pass attached Resolution
documents relative to tine loan.
accepting the loan and authorize the ?vlavor to sign all
PULLED Il TABLED 1]
COUNCIL DIRECTIVE:
APPROVED II
9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util
ENFORCEMENT OFFICIAL: Director Pub Wks & Util
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
DISAPPROVED [] AMENDED il
(OVER)
11. AGENDA BILL NO.:
2. CLEARANCE COMMENTS:
3. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation
5. IMPACT ON NON-PASSAGE:
The loan funds will not be available ]~br City use and other funding will be required to perform this work.
o
IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES:
Staffino_: No impact.
Bud_oet: See attached comparison.
Facilities/E, quipment: No impact.
7. RESEARCH SOURCES:
RESOLUTION NO.
A RESOLUTION authorizing the Mayor to sign all applications,
agreements and amendments, and other documents relating to Public
Works Trust Fund Loan documents, for the 36" Water Main - Gorst to
Reservoir 4 Project (PWTF Loan No. PW-98-791-008)
WHEREAS, the City of Bremerton developed a Water System Comprehensive Plan in
accordance with the requirements of the State Department of Health regulations promulgated
under WAC 246-290-100, and sets forth facilities required to be constructed to serve the needs of
the area; and,
WltEREAS, for the City of Bremerton such project being necessary to address the needs
of the area and to protect the health, safety, and well being of the people; and,
VOtEREAS, the construction costs of the 36" Water Main - Gorst to Reservoir 4 Project
Improvements in accordance with the plan are eligible for State funding; now, therefore,
BE IT RESOLVED BY THE BREMERTON CITY COUNCIL THAT:
SECTION 1' The Mayor is duly authorized to sign applications, loan agreements and
amendments, and other documents relating to 36" Water Main - Gorst to Reservoir 4 Project
Public Works Trust Fund Loan.
Passed this
__ day of April 1998, by the City Council of the City of Bremerton.
David Fan', President
Bremerton City Council
98122\bk
CITY OF BREMERTON
WATER UTILITY
COST OF FUNDS COMPARISON PVVTF LOAN vs REVENUE BONDS
YEAR
PWTF LOAN *
REVENUE NPV
BOND** SAVINGS SAVINGS***
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
189 000
187 425
185 850
184 275
182 7OO
181 125
179 550
177 975
176 400
174 825
173 250
171 675
170 100
168 525
166 950
165 375
163 800
162 225
160 650
159 075
177.975
177.975
177.975
177.975
177975
177.975
177975
177.975
177.975
177.975
177.975
177975
177975
3,327,975
0
0
0
0
0
(11,025)
(9,450)
(7,875)
(6,300)
(4,725)
(3,150)
(1,575)
0
I 575
3 150
4 725
6 300
7 875
3,159 450
(166,950)
(165,375)
(163,800)
(162,225)
(160,650)
(159,075)
(11,025)
(8,648)
(6,997)
(5,434)
(3,957)
(2,561)
(1,243)
0
1 172
2 276
3 314
4 290
5 206
2,027.931
(104,038)
(lOO,O55)
(96,215)
(92,515)
(88,948)
(85,511)
TOTAL 3.480.750 5.641.650 ~ ~
* PWTF Loan in the amount of $3,150,000 is level principle, declining interest at 1%for 20 yrs.
** Assumes revenue bonds would have been "wrapped around" existing bonds; $3,150,000 at 5.65% 2008.
*** Future savings discounted at 3%.
PUBLIC WORKS TRUST FUND
CONSTRUCTION LOAN AGREEMENT
NUMBER PW-98-791-008
Bremerton
PART I: ENTIRE AGREEMENT
This agreement, and incorporated attachments, contains all terms and conditions agreed to by the
DEPARTMENT and the LOCAL GOVERNMENT. This contract consists of ten pages and two
attachments. An attachment to this agreement, ATTACHMENT I: SCOPE OF WORK, consists of
a description of local project activities, certification of the project's useful life, and identification of
estimated project costs and fund sources and is, by this reference, incorporated into this
agreement as though set forth fully herein. In addition, AI-I'ACHMENT I1: A'I-FORNEY'S
CERTIFICATION, is by this reference incorporated into this agreement.
The DEPARTMENT and the LOCAL GOVERNMENT have executed this agreement as of the date
and year last wdtten below.
DEPARTMENT OF COMMUNITY, TRADE
AND ECONOMIC DEVELOPMENT
LOCAL GOVERNMENT
Sandra L. Benbrook
Name
Assistant Director
Title Title
Date Date
Approved as to Form by
Attorney General
Siqnature on File
Suzanne Shaw
Assistant Attomey General
January 6, 1997
Date
Federal Taxpayer Identification Number
Page 1
PW'rF Construction Loan Agreement
Printed 12/22/97
CTED Contract Number S98-791-008
PART I1: INTRODUCTION
This loan agreement is made and entered into by and between the DEPARTMENT OF
COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT, a department of the state of
Washington (referred to as the "DEPARTMENT") on behalf of the PUBLIC WORKS BOARD
(referred to as the "BOARD"), and Bremerton (referred to as the "LOCAL GOVERNMENT").
The DEPARTMENT has received an appropriation from the Washington State Legislature under
the authority of Chapter 43.155 RCW to provide financial assistance to selected units of local
government for the repair, replacement, reconstruction, rehabilitation, or improvement of bridges,
roads, domestic water systems, sanitary sewer, and storm sewer systems. Acting under the
authority of Chapter 43.155 RCW, the BOARD has selected the LOCAL GOVERNMENT to
receive a Public Works Trust Fund loan for an approved public works project.
PART II1: PURPOSE
The DEPARTMENT and the LOCAL GOVERNMENT have entered into this agreement to
undertake a local public works project which furthers the goals and objectives of the Washington
State Public Works Trust Fund Program. The project will be undertaken by the LOCAL
GOVERNMENT and will include the activities described in ATI-ACHMENT h SCOPE OF WORK,
as well as in the Public Works Trust Fund Application submitted to the BOARD by the LOCAL
GOVERNMENT and upon which this agreement is based. The assisted project must be
undertaken in accordance with PART IV: TERMS AND CONDITIONS, and all applicable state
and local laws and ordinances, which by this reference are incorporated into this agreement as
though set forth fully herein.
PART IV: TERMS AND CONDITIONS
The parties to this agreement agree as follows:
4.01 Rate and Term of Loan
The DEPARTMENT, using funds appropriated from the Public Works Assistance Account, shall
loan the LOCAL GOVERNMENT a sum not to exceed $3,150,000.00. The interest rate shall be
one percent (1%) per annum on the outstanding principal balance. The term of the loan shall not
exceed 20 years, with the final payment due July 1, 2018.
4.02 Local Proiect Share
The LOCAL GOVERNMENT pledges an amount of locally-generated revenue not less than thirty
percent (30%) of the total eligible portion of the project cost not funded by federal or state grants
as identified in ATTACHMENT h SCOPE OF WORK, to be vedfied at the time.of 'project
close-out. Any change in the percentage of locally-generated funds may require an adjustment in
the loan amount or interest rate charged, or both. In such event, the LOCAL GOVERNMENT
agrees to execute an amendment to this agreement adjusting the loan amount or interest rate, as
appropriate.
Page 2
PWTF Construction Loan Agreement
Pdnted 12/22_/97
CTED Contract Number S98-791-008
Local project share must consist of expenditures eligible under WAC 399-30-030(3) and be
related only to project activities described in ATTACHMENT I: SCOPE OF WORK. These
expenditures may be made up to twelve (12) months pdor to the execution of the loan agreement
and vedfied at the time of project close-out.
PUBLIC WORKS TRUST FUND MONIES MAY NOT BE USED TO REIMBURSE THE LOCAL
GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO EXECUTION OF THIS LOAN
AGREEMENT.
4.03 Disbursement of Loan Proceeds
The DEPARTMENT shall issue warrants to the LOCAL GOVERNMENT for payment of allowable
expenses incurred by the LOCAL GOVERNMENT while undertaking and administering approved
project activities in accordance with ATTACHMENT I: SCOPE OF WORK. In no event shall the
total Public Works Trust Fund loan exceed seventy percent (70%) of the eligible actual project
costs. The disbursement of loan proceeds shall be initiated by the LOCAL GOVERNMENT on a
Washington State Invoice Voucher form provided by the DEPARTMENT. The loan funds will be
disbursed to the LOCAL GOVERNMENT as follows:
Within thirty (30) days of the formal execution of this agreement, a sum not to exceed fifteen
percent (15%) of the approved Public Works Trust Fund loan shall be disbursed by the
DEPARTMENT to the LOCAL GOVERNMENT.
Within thirty (30) days of the execution of a Notice to Proceed which follows the formal award of a
construction contract, a sum not to exceed seventy-five percent (75%) of the approved Public
Works Trust Fund loan shall be disbursed by the DEPARTMENT to the LOCAL GOVERNMENT,
except in the case of engineering services contracts. If the approved project described in
ATTACHMENT I: SCOPE OF WORK is solely for the completion of engineering studies, a sum
not to exceed seventy-five percent (75%) of the approved Public Works Trust Fund loan shall be
disbursed by the DEPARTMENT to the LOCAL GOVERNMENT within thirty (30) days of the
execution of a Notice to Proceed following the formal award of a contract for engineering services.
At the time of project completion, a Close-out Report, (refer to Section 4.19 for Close-out Report),
shall be submitted to the DEPARTMENT by the LOCAL GOVERNMENT certifying total actual
project costs. The Close-out Report shall include copies of the approved closure reports from the
Department of Revenue and the Department of Labor & Industries.
The final Public Works Trust Fund loan disbursement shall not bdng the total loan in excess of
seventy percent (70%) of the eligible project costs or the total of $3,150,000.00 whichever is less,
nor shall this disbursement occur pdor to the completion of all project activities and clearance of
all Close-out documents from the Department of Revenue and the Department of Labor &
Industries. The Close-out Report shall serve as a contract AMENDMENT for determining the final
loan amount, interest rate, and local share.
In the event that the final costs identified in the Close-out Report indicate that the
LOCAL GOVERNMENT has received Public Works Trust Fund monies in excess of seventy
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PWTF Construction Loan Agreement
Pdnted 12/22/97
CTED Contract Number S98-791-.008
percent (70%) of eligible costs, all funds in excess of seventy percent (70%) shall be repaid to the
DEPARTMENT within thirty (30) days of submission of the Close-out Report.
4.04 Interest Earned on Public Works Trust Fund Monies
All interest eamed on funds disbursed by the DEPARTMENT and held by the LOCAL
GOVERNMENT shall accrue to the benefit of the LOCAL GOVERNMENT and be applied to the
eligible costs of the approved project. Benefits shall accrue in one of two ways:
1. Reduce the amount of the Public Works Trust Fund loan.
Pay part of the eligible project costs that are in excess of ATTACHMENT I: SCOPE OF
WORK estimates. (Overrun of project costs.)
The LOCAL GOVERNMENT shall establish procedures to ensure that all monies received from
the Public Works Trust Fund loan can be readily identified and accounted for at any time dudng
the life of this loan agreement. Such procedures shall consist of the establishment of a separate
fund, account, sub-account or any other method meeting generally accepted accounting
principles.
4.05 Time of Performance
The LOCAL GOVERNMENT shall begin the activities identified within ATTACHMENT I: SCOPE
OF WORK no later than October 1, 1998, and reach project completion no later than thirty-six (36)
months after the date of agreement execution.
Failure to perform within the time frame described in the preceding paragraph may constitute
default of this agreement and require the immediate repayment of any loan funds disbursed. In
the event of extenuating circumstances, the LOCAL GOVERNMENT may request, in wdting, that
the BOARD extend the deadline for project completion. The BOARD may, by a two-thirds vote,
extend the deadline.
The term of this agreement shall be for the entire, term of the loan, irrespective of actual project
completion, unless terminated sooner as provided herein.
4.06 Repayment
The first loan repayment under this agreement is due July 1, 1999, and subsequent installments
are due on July 1 of each year dudng the term of the loan. The first repayment under this
agreement shall consist of interest only at the rate of one percent (1%) per annum, calculated on
a 360-day year of twelve 30-day months, applied to funds received from the DEPARTMENT.
Interest will begin to accrue from the date the DEPARTMENT issues each warrant to the LOCAL
GOVERNMENT. Subsequent repayments shall consist of 1/19 of the principal plus interest on the
unpaid balance of the loan. The final payment shall be an amount sufficient to bdng the loan
balance to zero.
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PWTF Construction Loan Agreement
Printed 12/22/97
CTED Contract Number S98-791-008
The LOCAL GOVERNMENT has the dght to repay the unpaid balance of the loan in full at any
time, and the dght to repay at a faster rate than is provided in this agreement, provided that any
such payment must equal or exceed the amount normally due on an annual basis.
The LOCAL GOVERNMENT will repay the loan in accordance with the preceding conditions
through the use of a check, money order, or equivalent means made payable to the
DEPARTMENT and sent to:
Department of Community, Trade and Economic Development
Administrative Services Division/Fiscal Unit
906 Columbia Street S.W.
P.O. Box 48300
Olympia, Washington 98504-8300
4.07 Repayment Account
The LOCAL GOVERNMENT shall repay the loan solely from utility revenues, general obligation
revenues, or a combination thereof. The name of the fund, account, or sub-account shall be __
4.08 Default in Repayment
Loan repayments shall be made to the DEPARTMENT in accordance with Section 4.06 of this
agreement. A payment not received within thirty (30) days of the due date shall be declared
delinquent. Delinquent payments shall be assessed a daily penalty beginning on the thirty-first
(31) day past the due date. The penalty will be assessed on the entire payment amount. The
penalty will be twelve percent (12%) per annum calculated on a 360-day year.
Upon default in the payment of any annual installment, the DEPARTMENT may declare the entire
remaining balance of the loan, together with interest accrued, immediately due and
payable. Failure to exercise its option with respect to any such repayment in default shall not
constitute a waiver by the DEPARTMENT to exercise such option for any succeeding installment
payment which may then be in default. The LOCAL GOVERNMENT shall pay the costs and
reasonable legal fees incurred by the DEPARTMENT in any action undertaken to enforce its
dghts under this section.
Page 5
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PWTF Construction Loan Agreement
Pdnted 12/22/97
CTED Contract Number S98-791-008
4.09 Loan SecudW.
The LOCAL GOVERNMENT must select one of the following options for secudng repayment of
the loan. Please initial the appropriate .option.
GOVERNMENT.
General Obligation: This loan is a general obligation of the LOCAL
2. ~ Revenue Obligation: This option may be used only if the entire project
is a domestic water, sanitary sewer or storm sewer utility project. LOCAL GOVERNMENTS
performing a storm sewer project that have not created a storm sewer utility or a combined
sanitary sewer/storm sewer utility may not use this option. Projects providing for a mixture of
bddge, road, domestic water, sanitary sewer, and storm sewer activities may not use this option.
This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net
revenue of the utility system indicated below. Payments shall be made from the net revenue of
the utility after the payment of the principal and interest on any revenue bonds, notes, warrants
or other obligations of the utility having a lien on that net revenue. As used here, "net revenue"
means gross revenue minus expenses of maintenance and operations. The DEPARTMENT
grants the LOCAL GOVERNMENT the dght to issue future bonds and notes that constitute a
lien and charge on net revenue supedor to the lien and charge of this loan agreement.
Please choose and initial one of the following utility systems:
Water
Sanitary Sewer (Wastewater)
Stormwater
WatedSanitary Sewer
Stormwater/Sanitary Sewer
Nothing in this section shall absolve the LOCAL GOVERNMENT of its obligation to make loan
repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its
obligations under this agreement.
4.10 Recordkeeoincl and Access to Records
The LOCAL GOVERNMENT agrees to keep such records as the DEPARTMENT may require.
Such records will include information pertinent to work undertaken as part of the project, including
demonstration of compliance with the terms and provisions of this agreement and all applicable
state and local laws and ordinances. The LOCAL GOVERNMENT agrees to retain these records
for a pedod of three years from the date of project completion.
The DEPARTMENT and duly authorized officials of the state shall have full access and the dght to
examine, excerpt, or transcribe any pertinent documents, papers, records, and books of the
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PWTF Construction Loan Agreement
Printed 12/22/97
CTED Contract Number S98-791-008
LOCAL GOVERNMENT and of persons, firms, or organizations with which the LOCAL
GOVERNMENT may contract, involving transactions related to this project and this agreement.
4.11 Reports
The LOCAL GOVERNMENT, at such times and on such forms as the DEPARTMENT or the
BOARD may require, shall furnish the DEPARTMENT with such periodic reports as it may request
pertaining to the activities undertaken pursuant to this agreement including, but not limited to,
quarterly progress reports, the Close-Out Report, and any other matters covered by this
agreement. Failure to file pedodic reports as requested may result in termination of this
agreement as per Section 4.15.
4.12 Indemnification
The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the
DEPARTMENT, the BOARD, and the state of Washington from and against any and all claims,
costs, damages, expenses, or liability for any or all injudes to persons or tangible property, adsing
from the acts or omissions of the LOCAL GOVERNMENT or any of its contractors or
subcontractors, or any employees or agents of either in the performance of this agreement,
however caused. In the case of negligence of both the DEPARTMENT and the LOCAL
GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of
negligence attributable to each party.
4.13 Amendments, Modifications, and Waivers
Except for an increase in the amount of the loan governed by this agreement, the LOCAL
GOVERNMENT may request an amendment of this agreement for the purpose of modifying the
SCOPE OF WORK or for extending the time of performance as provided for in Section 4.05. No
modification or amendment resulting in an extension of time shall take effect until a request in
wdting has been received and approved by the Board in accordance with Section 4.05. No
amendment or modification shall take effect until approved in writing by both the DEPARTMENT
and the LOCAL GOVERNMENT and attached hereto. No conditions or provisions of this
agreement may be waived unless approved by the DEPARTMENT in writing.
4.14 Disputes
Except as otherwise provided in this agreement, any dispute conceming a question of fact adsing
under this agreement that is not disposed of by this agreement shall be decided by a panel
consisting of a representative of the DEPARTMENT, a representative of the LOCAL
GOVERNMENT, and a representative of the BOARD. The panel shall reduce its decision to
writing and furnish a copy to all parties to the agreement. The decision of the panel shall be final
and conclusive.
This clause does not preclude the consideration of questions of law in connection with decisions
provided for in the preceding paragraph provided that nothing in this agreement shall be
construed as making final the decisions of any administrative official, representative, or board on a
question of law.
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PWTF ConstrucQon Loan Agreement
Printed 12/22/97
CTED Contract Number S98-791-008
4.15 Termination for Cause
If the LOCAL GOVERNMENT fails to comply with the terms of this agreement, or fails to use the
loan proceeds only for those activities identified in A'FTACHMENT I: SCOPE OF WORK, the
DEPARTMENT may terminate the agreement in whole or in part at any time. The DEPARTMENT
shall promptly notify the LOCAL GOVERNMENT in wdting of its determination to terminate, the
reason for such termination, and the effective date of the termination. Upon termination of the
loan agreement, the DEPARTMENT shall declare the entire remaining balance of the loan,
together with any interest accrued, immediately due and payable.
4.16 Governinq 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
between the parties adsing out of this agreement shall be the Supedor Court of Thurston County,
Washington. The prevailing party is entitled to recover costs in accordance with Washington
State Law (Chapter 4.84 RCW).
4.17 Severability
If any provision under this agreement or its application to any person or circumstances is held
invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of the
agreement which can be given effect without the invalid provision.
4.18 Proiect Completion
The DEPARTMENT will require and notify the LOCAL GOVERNMENT to initiate a Close-out
Report when the activities identified in ATTACHMENT h SCOPE OF WORK are completed. In
the report, the LOCAL GOVERNMENT will provide the following information to the
DEPARTMENT:
A description of the actual work performed, in addition to a certified statement of the actual
dollar amounts spent, from all fund sources, in completing the project as described.
Certification that all costs associated with the project have been incurred. Costs are
incurred when goods and services are received and/or contract work is performed.
o
Copies of the approved closure reports from the Department of Revenue and the
Department of Labor & Industries, certifying that all sales taxes have been paid and
appropriate industrial insurance and prevailing wages have been paid.
Page 8
PWTF Construction Loan Agreement
Printed 12/22/97
CTED Contract Number S98-791-008
4.19 Project Close-out
In accordance with Section 4.03 of this agreement, the LOCAL GOVERNMENT will submit,
together with the Close-out Report, a request for a sum not to exceed the final ten percent (10%)
of the loan amount. This disbursement shall not occur prior to the completion of all project
activities and clearance of all Close-out documents from the Department of Revenue and the
Department of Labor & Industries. The LOCAL GOVERNMENT shall be responsible to ensure
compliance with the Department of Revenue and the Department of Labor & Industries
requirements by their contractor(s).
4.20 Audit
Audits of the LOCAL GOVERNMENT'S project activities may be conducted by the Municipal
Division of the State Auditor's Office in accordance with state law and any guidelines the
DEPARTMENT may prescribe. Payment for the audit shall be made by the LOCAL
GOVERNMENT.
4.21 Project Signs
If the LOCAL GOVERNMENT displays, dudng the pedod covered by this agreement, signs or
markers identifying those agencies participating financially in the approved project, the sign or
marker must identify the Washington State Public Works Trust Fund as a participant in the project.
4.22 Utilization of Minodty and Women Business Enterprises (MWBE)
The LOCAL GOVERNMENT is encouraged to utilize business firms that are certified as minority-
owned and/or women-owned in carrying out the purposes of this loan agreement. LOCAL
GOVERNMENTS may set their own utilization standards, based upon local conditions, or may
utilize the state of Washington MWBE goals, as identified in WAC 326-30-041.
4.23 Nondiscrimination Provision
Dudng the performance of this contract, the LOCAL GOVERNMENT 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
(ADA).
In the event of the LOCAL GOVERNMENT'S noncompliance or refusal to comply with any
applicable nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled,
or terminated in whole or in part, and the LOCAL GOVERNMENT may be declared ineligible for
further contracts with the DEPARTMENT. The LOCAL GOVERNMENT shall, however, be given
a reasonable time in which to cure this noncompliance. Any dispute of fact may be resolved in
accordance with the Section 4.14, Disputes.
Page 9
PWT'F Construction Loan Agreement
Pdnted 12/22/97
CTED Contract Number S98-791-008
PART V: SPECIAL ASSURANCES
The LOCAL GOVERNMENT assures compliance with all applicable state and local laws,
requirements, and ordinances as they pertain to the design, implementation, and administration of
the approved project. Of particular importance are the following:
5.01 RCW 43.155.060
The LOCAL GOVERNMENT shall comply with the provisions of RCW 43.155.060 regarding
competitive bidding requirements for projects assisted in whole or in part with money from the
Public Works Trust Fund program.
5.02 WAC 399-30-030(3}
The LOCAL GOVERNMENT assures compliance with WAC 399-30-030(3) which identifies
eligible costs for projects assisted with Public Works Trust Fund loans.
Page 10
PWTF Construction Loan Agreement
Pdnted 12/22J97
CTED Contract Number S98-791-008
PUBLIC WORKS TRUST FUND
ATTACHMENT 1: SCOPE OF WORK
PW-98-791-008
City of Bremerton
(Jurisdiction)
36" Water Main Gorst to Reservoir 4 Construction
(Project Title)
1. Provide a clear description of the project to be financed in part by a Public Works Trust Fund
loan. (Attach additional sheets if necessary):
The project consists of installing approximately 11,400' of 36" ductile iron watermain from
Gorst to Reservoir 4 and 1800' of 18" ductile iron watermain in Sherman Heights Road from
Kent Street to SR31Front Street.
The project includes connection to the existing reservoir, installation of approximately 3
undercrossings and the appurtenances.
The term of this loan will be based on an engineer's certification of the expected useful life
of the improvements as stated below, or 20 years, whichever is less. If the local government
prefers the term of its loan to be tess than either 20 years or the useful life of the
improvements, the preferred loan term should be indicated: 20 years.
3. I, Timothy Richard , licensed engineer, certify that the average
expected useful life for the improvements described above is 50 years.
Signed:
Date
Telephone (360) 478-2317
S:\ClU\PW'FFtM I K E~CO NTTEM P\CON~'CI'ACH 1 .DOT
Scope of Work
Page Two
PW-98-791-008
Estimated Proiect Costs:
Preliminary Engineer Report $
Design Engineering $
Bid- Document Preparation $
Environmental Studies $
Land/R-O-W Acquisition $
Sales or Use Taxes $
Other Fees $
Construction Inspection $
Start-up Costs $
Financing Costs $
Contingency ( %) $
Construction $
TOTAL ESTIMATED COSTS $
Total
324.000
176,000
4,000,000
4~500~000
$
$
$
$
$
$
$
$
$
$
$
$
$
Expansion
or Growth
Repair or
Replacement
$
s24,ooo
176.000
4,00o,000
4~500~000
Anticipated Fund Sources:
A. Federal Grants
State Grants
Locally Generated Revenue
General Funds
Capital Reserves
Other Fund
Rates
Assessments
(LID, RID, ULID)
Special Levies
Federal Loan(s) from: (identify all)
State Loan(s) from: (identify all)
Other: identify sources)
TOTAL LOCAL REVENUE
C.. PUBLIC WORKS TRUST FUND LOAN
$
$
$
$
$
$
$
1,350,000
-0-
$ 1.:350:000
$3~150~000
S:\ClU~PWTF1MI KE~CONTTEM FACON S'I'~'FrACH 1 .DOT
Scope of Work
Page 3
PW-98-791-008
Calculatinq Local Percenta,qe:
Notes: 1. Expansion/Growth costs are not eligible for PWTF funding. Please exclude any
expansion or growth related costs and funding before calculating the local ;~ercentage.
2. Grant funds can not be counted as local match.
Calculate as follows:
Total Local Revenue
PWTF Loan + Total Local Revenue
= Local Percentage 30~
The local contribution must be at least:
Ten percent (10%)
Twenty percent (20%)
Thirty percent (30%)
for a loan interest rate of
for a loan interest rate of
for a loan interest rate of
3%
2%
1%
S :\ClU~OWT~MIKE%CO NTTEM P\CO NST~ATTACH 1 .DOT
Public Works Trust Fund
ATTACHMENT ih ATTORNEY'S CERTIFICATION
I, , hereby certify:
I am an attomey at law admitted to practice in the State of Washington and the duly appointed
attorney of the
(the LOCAL GOVERNMENT); and
I have also examined any and ali documents and rec, on:ls which are pertinent to the loan
agreement, including the application requesting this financial assistance.
Based on the foregoing, it is my opinion that:
The LOCAL GOVERNMENT is a public body, properly constituted and operating under the
laws of the State of Washington, empowered to receive and expend federal, state and local
funds, to contract with the State of Washington, and to receive and expend the funds
involved to accomplish the objectives set forth in their application.
2. The. LOCAL GOVERNMENT is empowered to accept the Public WorP, s Trust Fund financial
assistance and to provide for repayment of the loan as set forth in the loan agreement.
There is currently no litigation in exJstence seeking to enjoin the commencement or
completion of the above-described public facilities project or to enjoin the LOCAL
GOVERNMENT from repaying the Public works Trust Fund loan extended by the
DEPARTMENT with respect to such project. The LOCAL GOVERNMENT is not a party to
litigation which will materially affect its ability to repay such loan on the terms contained in
the loan agreement.
4. Assumption of this obligation would not exceed statutory and administrative rule debt
limitations applicable to the LOCAL GOVERNMENT.
Signature of Attorney
Date
Name
Address