HomeMy WebLinkAbout05/27/98 AGENDABREMERTON CITY COUNCIL
239 4TH STREET
BREMERTON, WA 98337
CITY COUNCIL AGENDA
MAY 27, 1998
CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M.
A. General Council Business
CALL TO ORDER: 5:30 P.M.
A. Pledge Of Allegiance
B. Invocation
CONSENT AGENDA
Items listed below have been distributed to Council members in advance for study
and will be enacted by one motion. If separate discussion is desired on an item, it
may be removed from the Consent Agenda and placed on the Regular Agenda at
the request of a Council member. _ p~z~_
A. Minutes - May 13, 1998 #AB98-111
B. Minutes - May 20, 1998 #AB98-112
5.
6.
7.
CLAIMS/CH ECK REGISTERS
COUNCIL MEMBER REPORTS
MAYOR'S REPORT
PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes)
NEW BUSINESS
A. Exercise Option to Purchase Envirofill Property at Smith Cove
B. Position Upgrade to Recreation Program Coordinator II in the Parks & Recreation Department
C. Proposed Professional Services Agreements and Proposed
Professional Services Extension of Retained Legal Services
#AB98-113 2 ..~
#A.9 - 14 4 3
#AB98-115 47
(CONTINUED ON BACK)
ORDINANCES
A. Ordinance No. 4626 (Second Reading) Amending
B.M.C. 6.04.066 to Include Recovery of Administrative
Fees for Garbage Abatements
B. Ordinance No. 4627 (Second Reading) Amending
B.M.C. 9.14.050 to Include Recovery of Administrative
Fees for Weed Abatements
C. Ordinance (First Reading) Amending the 1998 Budget
RESOLUTIONS
~. Resolution No. 2651, Authorizing an Interfund Loan from
The General Fund to the Civic Improvement Fund and
Related Budget Adjustment
#AB98-109 (_¢0
11.
PUBLIC HEARING - 6:00 P,M OR LATER
A. Public Hearing and Ordinance (First Reading) to Amend the
Official Zoning Map from "Central Bremerton Residential" to
"Parks & Schools' for a single lot at 13~h & Ohio
#AB98-118 ~?
AGENDA BILL
--BREMERTON CITY COUNCIL
1. SUBJECT':-MINUTES - MAY 13, 1998
FOR AGENDA OF: MAY 27,1998
ORIGINATING DEPT: City Coungil
ORIGINATOR: David Farr. President
DATE SUBMITTED: 5~15-98
2. ~_~2~: (comment on back
if necessary)
ENDORS F2~V. NT INFORMATION
MAYOR
__ kPPROVED BY- COUNCIL P~SIp~ FOR SUBMITTAl5
4. S~Y STATEMENT AND REOU!REMENT FQ~ COIYNClL AcTION:
8. RECOMMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFOR~ OFFICIAL:
-EXPIRATION DATE:
REVIEW DATE:
PUTJ.ED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED .DISAP.~ROVED
..DATE:
11. AGENDA BIT,T, NO:
? -111-
TAPE #1543 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
MAY 13, 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 May 13, 1998, at 5:30 P.M., with Council President David Farr
presiding. Council members present were Jim Reed, Carol Arends, Mike
Shepherd, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen.
Councilman Carlos Montgomery 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 Farr
and invocation given by Deacon Jim Bemis of Our Lady Star of the Sea Church.
President Fan' made the following announcements:
(1) The City Council held a Study Session prior to the Council meeting to
discuss general Council business.
(2)
The City Council held a 20-minute Executive Session immediately prior to
the City Council meeting to discuss "Labor Negotiations".
(3)
The City Council held a Study Session immediately following the City
Council meeting to discuss the "Bremerton Transit Center".
(4)
The City Council held a Study Session immediately following the prior
Study Session to discuss "Citizen's Environmental Committee".
CONSENT AGENDA
A. Minutes of Meeting - April 29, 1998
#AB98-096
B. Right-of-Way Lease at 6th Street and Veneta
Avenue to Our Lady Star of the Sea School
#AB98-097
#0057 MISICIU (McConnell/Arends) 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
#0075 MISICIU (Overson/McConnell) On May 13, 1998, the Council does
approve for payment those vouchers included and further described as follows:
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Page 2 of 13
219695, 219729 through 219731, 219735 through 219923 in the amount of
$292,450.59.
COUNCIL MEMBER REPORTS
Mr. Olsen announced the next District #1 Neighborhood Meeting would be held
on May 21, 1998, 7:00 P.M., at the Sheridan Park and Recreation Center. The
program for that meeting will include discussion on "Home Based Businesses",
presented by Deputy City Clerk Paula Johnston and "Block Watch Program",
presented by Bremerton Police Detective Kent Boekweg. The Bremerton Central
Lions Club will hold their annual Armed Forces Pancake Breakfast and Oatmeal
Bar on May 16, 1998, 7:00 - 11:00 AM, at 4th and Pacific Avenue. On May 9,
1998, he attended the Bremerton Church of the Nazarene's Springfest event,
which was well attended. He was impressed with the variety of activities and
food provided at no cost to the participants. He extended a special "Thank You"
to the Pastor and members of the church for the effort they put into this
community event.
Mr. McConnell reported on Monday evening he enjoyed watching softball games
at Pendergast Regional Park. He was amazed at the beauty of the park and the
outstanding facilities. He believes the beauty of the Pendergast complex
matches the Gold Mountain Golf Course Complex. Comments from players
indicated Pendergast had the best fields they had played on. In addition to the
play fields there is a snack food stand and playground facilities for children. He
viewed Pendergast Park as a perfect place for families to enjoy recreational
activities.
Mr. Law announced District #3's Neighborhood Meeting would be held May 19,
1998, 7:00 P.M., at the Senior Center. The guest speaker at that meeting will be
Glenna Malanca, City Attorney. As previously announced, in order to allow a
presentation on "anti-fluoridation", at his District meeting, there would have to be
a balance with a "pro-fluoridation" presentation. As of this date, he was not
successful in getting someone from the pro side to participate and hopefully a
future date can accommodate that discussion.
Mr. Overson reported on May 12, 1998, residents in the Highland Avenue area
participated in a Block Watch activity where they enjoyed stimulating discussion.
He appreciated the Police Department's support at that meeting, particularly
Detective Kent Boekweg and Sgt. Rawlins, who answered lots of questions in a
very professional manner and provided good information and advice on how to
build a better community. He reminded everyone of the upcoming Armed Forces
Day activities on May 16, 1998, starting off with the Lions' Pancake Breakfast at
7:00 AM. He noted the first $1,000 profit from that breakfast would go toward
scholarships for Bremerton High School students through the Leo's Club. He
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cautioned everyone to bring umbrellas due to the weather forecast of possible
rain showers.
Mr. Shepherd announced District #5 would hold a Neighborhood Meeting on
May 28, 1998, 6:30 P.M., at Memorial Lutheran Church. The program for that
meeting will include a Block Watch Update by Detective Kent Boekweg. He
noted a common theme of reactivation and re-energizing Block Watch programs
throughout several Council Districts in an effort to fight against crime. He
reminded everyone of the Armed Forces Golf Tournament at Gold Mountain Golf
Complex on May15 and a Model Train Display at the Old Wooley's Mall from
10:00 AM - 5:00 P.M.
Mrs. Arends noted the Old Wooley's Mall is located in the old Woolworth
Building located on the corner of Burwell Street and Pacific Avenue. Roadwork
continues in the south end of District #7 and District #8 is experiencing roadwork
on Kitsap Way.
MAYOR'S REPORT
Mayor Lynn Horton reminded everyone the City of Bremerton is hosting an
OPEN HOUSE at the Oyster Bay Public Works facility on May 14, 1998, 3:00
P.M. - 6:00 P.M.
The road construction work within the City is causing some traffic concerns;
however, several vehicle accidents were due to slick roads following the recent
rain. She cautioned everyone to please drive carefully.
Mayor Horton referenced a newspaper article in the Seattle P.I., that was written
by Jean Godden in which she described Bremerton in a satirical manner
slamming the efforts to entice people to the Bremerton area. In response to that
article, Mayor Horton wrote a Letter to the Editor indicating she felt it was
beneath Seattle's dignity to have to "slam" other communities and then went on
to talk about Bremerton's affordable housing, lack of congestion, air quality and
other amenities that Seattle and the I-5 Corridor wished they had. Jean Godden
E-mailed her response back to the Mayor's Office, in which she indicated she
and Seattle Mayor Paul Schell would be visiting the Bremerton/Kitsap Peninsula
on May 18. As a result, the Mayor extended to them an invitation to be her guest
at either lunch or dinner and hear a little different perspective on what Bremerton
and Kitsap County have to offer.
Mayor Horton read the following Proclamations:
(1) MAY 17-24, 1998, NATIONAL AQUATIC WEEK, which was accepted by Jeff
Elevado, Parks Department. He invited everyone to the Glenn Jarstad
Aquatic Water Center where they will celebrate their 19th year of operation in
June. They hope to service over 100,000 people in 1998.
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(2) MAY 16-22, 1998, NATIONAL SAFE BOATING WEEK, which was accepted
by David Hamilton, Bremerton Power Squadron. Mr. Hamilton announced the
Bremerton Power Squadron educated approximately 200 adults in boating
safety in 1997. A major concern that exists today is the lack of life jackets
being used on children when they ..are in small boats. As a result, boating
classes will be taught in the schools so those children understated the
importance of wearing life jackets.
(3) MAY 15-16, 1998, POPPIES DAY, which was accepted by Ruth King Yates
and another representative from the Ladies Auxiliary Groups.
Mayor Horton welcomed members of Boy Scout Troop 1512.
Mayor Horton announced on May 7, 1998, a group of 50 youth from the West
Park community won a Governor's award for efforts to a drug free Washington
State. Only six of hundreds of Washington communities were awarded this
recognition. She invited each of the young people representing that group and
the adult leaders to introduce themselves and following that introduction she
presented them with a Certificate of Achievement in honor of their outstanding
excellence. Annette Atkinson, Bremerton Housing Authority, thanked the Mayor
and City Council for the opportunity to recognize the children for the choices they
are making to be drug free. She emphasized the youth are doing a spectacular
job at the West Park Community Center. A representative of King Java, a Junior
Achievement Company that runs an Expresso Cart in the West Park Community
Center, presented Mayor Horton with a share of their "stock" in their company.
Police Chief Paul Du Fresne and Captain Joe Hatfield presented Police
Officer John Bogen a Letter of Commendation for his heroic actions rescuing a
young child from a house fire on April 20, 1998. Officer Bogen was the first to
respond to a 911 call reporting a fire and when he was told a child was still in the
burning building he disregarded his own safety by entering the smoke filled
building and located the crying child in an upstairs bedroom and brought him to
safety just prior to the Fire Department arriving on the scene. Officer Bogen
expressed his appreciation and added that a lot of Police Officers deserve to be
recognized for their efforts in protecting the public as well.
Mayor Horton thanked Lynn Drake, Community Resources Division, the Police
Department, and the Fire Department for helping the Bremerton High School
student body put on a mock DUI crash, which was well received by the students.
A real effort is being put forth by the High School to get the students through the
graduation season safely through reduced incidents of use of alcohol by minors.
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President Farr stated in reference to the Seattle P.I. newspaper article
referenced by Mayor Horton he too received several telephone calls from citizens
that were less than amused by the "Ma and Pa Kettle" comments. He was happy
to see that there is pride within the Bremerton community.
PUBLIC RECOGNITION
Reverent Cleveland Williams,, Ebenezer A.M.E. Church, reminded everyone of
the upcoming Armed Forces Gospel Concert "In The Spirit Of The Lord" on May
17, 1998, 4:00 P.M., at the Bremerton High School Performing Arts Center. This
program will include the Gospel Music Workshop of America and the Martin
Luther King Community Choir, conducted by Darriel W. Menefee. Admission for
this event - under 12 years of age $5,00 and over 12 $7.00. Tickets will be
available at the door. He noted Ebenezer A.M.E. Church sponsor Cub Scout
Troop #110 from West Park Community Center.
Leo Danaher, Boy Scout Troop 512, stated his troop utilizes the Scout Hall at
Forest Ridge Park and a problem has occurred that he needed help to resolve.
Over the past four months, their troop has had about six break-ins to their
equipment, supplies, and Scout Hall. All of their expensive equipment was taken
and each time the inside of the hall was sprayed with fire extinguisher repellent.
It was his understanding that because the City owned the building the troop could
not do a lot to secure or update the site. He asked if it would be possible for the
Parks Department to update the building by constructing a stronger method to
keep criminals out. Padlocks can be cut off and the current doors can be ripped
off.
Annette Atkinson, Bremerton Housing Authority, stated it was important that a
number of people be recognized for their support of the youth from West Park
and those included: Dennis Clark, Ambassador Limousine, volunteer Scott
Campbell, members of Cub Scout Troop 110 and members of the West Park
Soccer Team.
Susan Brown, Bremerton resident, referenced a newspaper article in the May
9th edition of THE SUN regarding the possibility of conflict of interest by
Councilman Jim Reed. In her efforts to bring about revision of the City's Ethic
Code, issues of appearance of fairness and conflict of interest were serious
concerns that she believed needed to be addressed by the City. In her opinion,
Mr. Reed's personal involvement with the issue of piers and docks in the channel
between Oyster Bay and Ostrich Bay presented not only an appearance of
fairness but also a conflict of interest. At the time of her initial comments on the
need for revising the Ethics Code in October 1997, the point she was making
was even if something was legal under State law does not mean that it is right.
When the Ethics Commission is in place, she will bdng that issue before them.
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Gordy Byrd talked about the importance for parents to hug their kids and for kids
to hug their parents.
Le.qislative Report on questions raised at previous Council meetinqs:
May 6, 1998 City Council Meeting:
Bremerton resident Larry Dickerson expressed concern over the lack of Navy
Shore Patrols in Bremerton. Upon checking with the Shore Patrol Office, their
practice is to respond when called in by Bremerton Police Officers; however,
staffing levels have been reduced due to the Ships' Captains not assigning Ship
personnel to Shore Patrol Duty.
8A - CONFIRMATION OF PHILIP BERRY AS DIRECTOR OF ECONOMIC
AND COMMUNITY DEVELOPMENT, #A,B98-098
The Human Resources Manager has completed recruitment for the position of
Director of Economic and Community Development. The top eight applicants
went through the assessment center process. The Mayor wishes to appoint Mr.
Philip Berry.
Mayor Lynn Horton stated Mr. Berry was one of seven applicants interviewed
out of approximately 40 applications. Based on that interview process and the
fact that he had a very good mix of both public and private sector experience,
there was a consensus that Mr. Berry was the #1 candidate. Mr. Berry is also
knowledgeable about the City and its problems and will bring some creative
solutions to the City's economic development efforts. In addition, being a Kitsap
County and Washington State resident he understands the Growth Management
Act, which involves some disagreement between the City and the County that
has gone on over a considerable number of months. She urged Council to
confirm Mr. Berry's appointment as presented.
Public comment - None.
President Farr stated as a member of the selection committee, the City was
fortunate that there were so many good applicants for the position. He was
impressed with Mr. Berry and was glad to see the position description include an
emphasis on economic development.
#1662 MlSiCiU(OversonlOIsen) Motion to approve the appointment of Philip
Berry to the position of Director of Economic and Community Development.
Mayor Horton announced she expected Mr. Berry to start work on or before
June 1, 1998.
8B - APPOINTMENT OF MITCHELLE HONORE TO THE CIVIL SERVICE
COMMISSION~ #AB98-099
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There is a vacancy on the Civil Service Commission and it is recommended
Mitchelle Honore be appointed to fill the vacancy.
Mayor Lynn Horton pointed out Ms. Honore had previously served on the Civil
Service Commission and brought a good deal of professionalism to the
Commission. She is well versed in employee issues based on her experience
with the Washington State Employment Security Department. She urged
Council's confirmation as presented.
Public comment - none.
Mr. McConnell noted Ms. Honore's past service on the Commission had to have
been excellent or the Mayor would not consider her for reappointment.
#1795 MISlClU(McConnelliArends) Motion to confirm the appointment of
Mitchelle Honore to the Civil Service Commission.
Mayor Lynn Horton announced she was in the process interviewing candidates
for the Ethics Commission.
8C- YWCA SERVICE AGREEMENT,,#AB98-100
The YWCA ALIVE Program provides shelter services to citizens of our City under
this agreement which provides for pass-through of funding from a state grant.
Each year we are required to approve this agreement for execution by the Mayor.
Lynn Drake, Community Resources Department, urged Council to approve the
requested action that would provide funding in the amount of $19,879.00 to the
ALIVE Program that benefits the citizens of Bremerton at an immediate time of
need. The funding source is the Department of Trade and Economic
Development through Criminal Justice funding and at no cost to the City. She
introduced Karen Williams, Executive Director ALIVE Shelter. Karen Williams,
on behalf of the YWCA Board of Directors and the Executive Director Linda
Joyce, thanked the City Council for their consideration of this proposal. The
YWCA ALIVE Shelter works closely with the Bremerton Police Department in
assisting women involved in domestic violence. The Shelter provides advocate
counseling for adults and children, assisting with medical needs and house them
for a minim of four weeks at the shelter where they are given guidance in
reorganizing their lives. As a result of this kind of assistance, many of the shelter
residents have become volunteers within that organization. Calls through the
legal advocates have experienced a 400% increase in telephone calls and
inquiries over the past year, which reflects greater awareness of domestic
violence issues.
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Public comment - none.
Mr. Shepherd stated he was particularly proud of the efforts of the YVVCA and
the ALIVE Shelter and that it is an indicator of the type of caring people within the
community.
Mrs. Arends expressed her support of the YWCA and ALIVE Shelter.
Mr. Overson stated this organization always handles their operations in a very
professional manner. After having a personal view of their activities, he would
judge it as being one of the best of its kinds.
#2022 MISIClU(ShepherdlArends) Motion to approval for the Mayor to execute
this contract.
8D - BUDGET ADJUSTMENT FOR E(~UIPMENT RENTAL RESERVE FUND
TO PURCHASE 'I'VVO VEHICLES FOR PARKS DEPARTMENT, #AB98-101
This budget adjustment will provide expenditure authority to replace two over-age
vehicles in the Parks Department, which are not covered by the Equipment
Rental Fund, from reserve money left over after the replacement of several Parks
vehicles in 1997. The truck being replaced will be surplussed.
Jim Spencer, Director of Parks and Recreation, stated in response to two
questions raised during Committee discussions the plan is to surplus the 1982
pickup and he did check with the Transportation Manager to see if local
competition could meet the State bid price, which they could not. The riding
lawnmower is 8 years old and used at Ivy Green Cemetery.
Public comment - none.
Mr. Reed asked if the funds from the surplused vehicle would go into the General
Fund. Mr. Spencer stated no; those funds would be put back into the Equipment
Rental Reserve Fund.
Mr. Overson extended compliments to the staff for getting good prices for the
two vehicles.
#2129 MISlClU(OversonlMcConnell) Motion to approve Budget Adjustment No.
98-13.
8E - BUDGET ADJUSTMENT FOR THE REAL ESTATE EXCISE TAX FUND
FOR WORK BY CONSULTANT ON SMITH COVE, #AB98-102
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This budget adjustment will provide expenditure authority necessary to carry out
the scope of work of the existing contract for soil analysis at Smith Cove. The
work was expected to be performed and paid during 1997, but has continued into
1998.
Rich Hanna, City Treasurer, explained this was a matter of timing of the work
performed under the contract for soils analysis and timing of the related
payments. There is no change in the scope of work or price. At the time the
1998 Budget was adopted, it was anticipated that this work and the payment
would have been completed prior to year-end 1997, which did not happen.
Public comment - none.
#2225 MISICIU(OversoniOIsen) Motion to approve Budget Adjustment No. 98-
11.
8F - BUDGET ADJUSTMENT FOR PURCHASE OF NEW STREET SWEEPER,
#AB98-103
The Storm Section of the Public Works & Utilities is in need of purchasing a new
Street Sweeper to replace the existing street sweeper. The money for this
purchase is in the Equipment Rental Reserve and Equipment Revolving Fund.
The budge adjustment request is for $150,000.00.
Rich Hanna, City Treasurer, stated the request for replacing this equipment
comes a couple of years earlier than expected. A useful life of 7 years had been
estimated; however, the Utility Department determined the City is better served
to operate the vehicle during certain periods of the year on a double shift basis
(16-hours) rather than just eight hours per days. Obviously that has translated
into a shorter life of the vehicle. During the winter months it is more cost effective
to utilize this equipment to pick up sand than to allow it to go through the
stormwater/sewer system into Wastewater Treatment Plant.
Public comment - none.
Mrs. Arends stated during the Committee discussion on this issue she was
assured that the street sweeper did not damage the traffic buttons. Mr. Hanna
stated damage to traffic buttons is caused by snowplows.
Mr. Overson questioned for clarification the figures listed under #6 Impact On
Staffing, Budgets, Facilities, Equipment or Other Resources? Mr. Hanna stated
it should reflect Equipment Rental Reserve Fund.
#2396 MISIClU(McConnelllOverson) Motion to approve Budget Adjustment #98-
15.
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8G - BUDGET ADJUSTMENT TO RISK MANAGEMENT FUND, #,,AB98-094
Recent litigation awards will need to be paid and budgetary capacity for such
payments need to be authorized. This budget adjustment request authorizes the
transfer of funds from the Risk Management Reserve Account to the claims
payment account in the Risk Management Fund.
Pec~¥ Lesser, Risk Manager, stated approximately 11-12 years ago a Risk
Management Fund was established to collect funds and hold them until they are
needed to pay claims and litigation. The City has done that successfully over the
years. City staff members, Department Heads, and the Mayor have been diligent
in the first 4-5 months in 1998, resolving a number of issues that lingered. At this
time, it is necessary to move funds from the Reserve Account into the
Expenditure Account in order to finalize the resolution of those matters.
Public comment - none.
#2495 MISIC(OversonlMcConnell) Motion to approve the budget adjustment
request.
Vote on Motion: In Favor: Arends, Shepherd, Farr, Overson, Law, McConnell,
Olsen
Abstain: Reed
Motion carried.
8H - UTILITY CONTRACTS WITH U.S. NAVY~ #AB98-104
Under direction of the Mayor, finance and utility staffs have negotiated new
contracts covering the provision of water and sewer services to Navy facilities.
There are five contracts, respectively they provide for service at: PSNS, Jackson
Park, Naval Hospital, East Park, and all other Navy facilities. Rates for service at
PSNS will be 95% of retail for water and 105% of commercial 1 for sewer. All
other Navy facilities will be provided service at retail rates. The effective date for
the contracts is December 1, 1997 and the term is ten years. The rate changes
will be applied retroactively to October 1, 1995. In the future, rates for the Navy
change as retail rates do. Due to the length to the contracts, copies are not
included with this agenda bill. Copies have been provided in the Council office
for Council and public review.
Rich Hann. a, City Treasurer, explained the City has provided utility service to the
Navy for about 80 years. The contracts in question replace earlier versions that
were used for many years. Due to changing circumstances mostly having to do
with how the Navy finances the Puget Sound Naval Shipyard, those contracts
were obsolete and difficult to administer. Also, the rates had not kept pace with
//
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changes in the City's retail rate structure. The negotiation process was long and
difficult, but the resulting contracts treat both parties fairly.
Public comment - none.
Mr. Law left the Council Chambers at approximately 6:45 P.M.
Mr, Reed asked if he understood correctly that the Navy would be paying the
same charge per gallon for water/sewer as any retail customer. Mr. Hanna
stated yes, their rates are driven off the ordinance that Council periodically
approves. Mr. Reed asked if the Navy's rates would reflect any future major
improvements that may be needed for the water/sewer. Mr. Hanna stated yes,
rather than containing the Navy's rates directly in the contracts they refer to an
appendix, which is the City's current Rate Ordinance.
Mr. Shepherd stated he reviewed the contacts both in the negotiation period and
subsequently and complimented Mr. Sampley's efforts in effecting modern
beneficial contracts for the City.
Mr. Overson noted the Navy is a tough negotiator and the City did well in
finalizing the proposed contracts. The City is fortunate to have a large institution
like PSNS that utilizes City services and has the ability to pay and support their
portion.
President Farr asked the amount of funds identified in the contracts? Mr.
Hanna stated the rate changes were applied retroactively to 1995 and the
settlement amount was approximately $2.2 million.
Mr. Law returned to the Council Chambers at 6:56 P.M.
#2771 MISlC(McConnelliOverson) Motion to approve the contracts for utility
service to Navy facilities and authorize the Mayor to sign.
Vote on Motion: In Favor: Arends, Reed, Shepherd, Farr, Overson, McConnell,
Olsen
Abstain: Law
Motion carded.
8I - WATER AND WASTEWATER FUND BUDGET ADJUSTMENT FOR
PERSONNEL~ #AB98-'105
A budget adjustment is requested for the Wastewater and Water Operating
Funds to reflect current operations. This budget adjustment will specifically
address three areas. First, within the Wastewater Fund, one of the WWTP
Maintenance Technician positions is reclassified as Computerized Maintenance
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Management System (CMMS) Technician. The justification for this change in
position classification is provided in Exhibit 1. No additional budget expenditure
is required for this position. The second area adjusts the Forestry Division
budget (Water Fund) to recognize dewatedng biosolids at the WVVTP as a
responsibility of the Wastewater Manager. This activity previously under contract
operations was a responsibility of the Water Fund and should continue to be so.
There is no net adjustment required for this action since all funds for this activity
will be transferred from the Forestry Division (Water Fund) to a new biosolids
division within the Wastewater Manager as explained in Exhibit 2. However, a
Service Specialist Senior position is deleted from Forestry Division and a VVWTP
Operator position is added for additional biosolids processing.
The third area is a new Office Assistant ]::[ position proposed for the Engineering
permit counter presently staffed by an Engineering Technician. The OA ;Q will
provide secretarial and administrative support. Plan review and engineering
technicians and/or engineers as needed will provide technical support. The
current engineering technician will be utilized performing project support and
engineering-related tasks.
The attached revised organizational chad shows the addition of the CMMS
Technician and VWVTP Operator under the Wastewater Manager, deletion of one
Service Specialist Senior position in the Forestry Division, and addition of an
Office Assistant ff.
Gene Sampley, Director of Public Works and Utilities, stated the proposal is
three separate adjustments for the Wastewater and Water Fund. Due to their
similarity, the three actions are presented on one Agenda Bill and there is no
monetary adjustment required. Mr. Sampley briefly reviewed the three action
items as outlined in the Summary Statement. He noted cost savings of $73,000
per year would be effected through the adjustment of operation of biosolids
processing and method of application.
Public comment - none.
Mr. McConnell asked if the Service Specialist Senior position being deleted as a
funded position. Mr. Sampley stated yes.
#3118 MISIClU(ArendslShepherd) Motion to approve Budget Adjustment No. 98-
16, and organizational chart as recommended.
Mr. Overson announced on May 15, the new Chinook Passenger Only Ferry
service would be inaugurated. The public is invited to ride the new ferry on May
15 and 16.
TAPE #1543
City Council Reg. Mtg. Minutes
May 13, 1998
Page 13 of 13
Mayor Horton announced the USS Carl Vinson (Pier B), USS Rainier (Pier D)
and USS Camden (Pier D) will be open to the public on May 16, 1998, from
12:00 Noon to 4:00 P.M.
President Farr thanked the TV camera crew for their services: Robert Neal,
Ryan Bentley, Melody Zapata, and Kristopher Knowles.
With no further business meeting adjourned at 6:58 P.M.
PAULA JOHNSTON, Deputy City Clerk
DAVID FARR, City Council President
City of Bremerton
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AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT':
MINUTES -- MAY 20, 1998
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
MAY 27, 1998
CITY COUNCIL
DAVID FAR/t. PRESIDENT
MAY 21, 1998
2. ~: (comment on back
if necessary)
ENDORSEMF~NT__ INFORMATION
MAYOR
__ APPROVED BY COUNCIL PR~DENT FOR SUBMITTAL:
COUNCIL PRESIDENT
4. SUMMARY STATEMENT AND REOUIREMENT FQ~ COI~CIL AcTION:
8. R~COM~ENDATION:
9..RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
.EXPIRATION DATE:
P. EViEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTIQN
APPROVED .DISAPPROVED
TAPE #1544
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
MAY 20, 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 May 20, 1998, at 5:30 P.M., with Council President David Farr
presiding. Council members present were Carlos Montgomery, Mike Shepherd,
John Law, Cecil McConnell, and Wayne Olsen. Council members Lon Overson,
Carol Arends, and Jim Reed were 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 Farr
and invocation given by Reverend Jay Akkerman of Central Kitsap Church of the
Nazarene.
President Farr made the following announcements:
(1) The City Council held a Study Session prior to the Council meeting to
discuss general Council business.
(2)
The City Council cancelled the Study Session that was scheduled
immediately following the City Council meeting to discuss "Facilities"; and
also cancelled the 20-minute Executive Session that was scheduled
immediately following the above-announced Study Session to discuss
"Real Estate".
CONSENT AGENDA
A. Minutes of Meeting - May 6, 1998
#AB98-106
B. Sole Source Purchase of a Toro Mower for
Gold Mountain Golf Course
#AB98-107
#0060 MISIClU(McConnelliMontgomery) 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.
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Page 2 of 7
#0080 MISIClU(MontgomerylOIsen) On May 20, 1998, the Council does approve
for payment those vouchers included and further described as follows: EFT4816,
219927, and 219949 through 220116 in the amount of $306,077.95.
COUNCIL MEMBER REPORTS
Mr. Montc~omerv reported that he traveled to Tacoma with the M.O.M.
Committee to file suit in Federal Court for a Declaration of Relief over the USS
Missouri. He invited the public to attend a ceremony to be held Saturday, May
23, 1998 at 3:30 P.M. on the boardwalk as the Ship is towed out. He also
complimented the Street Department on their new mode of operation, stating
they are now able to do accomplish more jobs a lot faster, better, and easier.
Mr. Shepherd... announced the next District 5 Neighborhood meeting will be held
Thursday, May 28, 1998, 6:30 P.M., at the Memorial Lutheran Church located at
10th & Veneta. He encouraged the public to visit Old Woolly's Mall, located in the
old Woolworth's Building. There are over 20 businesses, in addition to the old
Woolworth food counter going again, with good food and reasonable prices. A
tearoom is also on the premises, where they sell many different types of tea, in
addition to teaching tea etiquette, ceremonies, and other cultures. Call 377-9457
to set up an appointment.
Mr. Law attended the Armed Forces Day Parade over the past weekend, and
stated it was probably the longest parade they have ever had. He congratulated
all those involved. He also thanked Glenna Malanca, City Attorney, for attending
the District 3 Neighborhood meeting last night as guest speaker, as well as all
citizens who attended. He also attended a celebration, and got to cut the cake,
honoring the Navy League for their 50th Anniversary.
Mr. McConnell also attended the Armed Forces Day Parade, and was pleased
at the number of people who turned-out to watch it. He commended the
Bremerton Area Chamber of Commerce for their efforts in putting on an excellent
parade, and also to the Bremerton Central Lions Club for the wonderful pancake
breakfast.
Mr. Olsen announced the next District 1 Neighborhood meeting will be this
Thursday, May 21, 1998, 7:00 - 9:00 P.M. at the Sheddan Park Community
Center located on Clare & Lebo Blvd. He also pointed out that John Law got the
honor of cuffing the cake at the Navy League's 50~h Anniversary party because
he held the distinguished position of being the most senior past president of the
Navy League. He stated he is very proud that the Council has a member who
has been so active with the Navy League through the years. He announced that
TAPE #1544
City Council Reg. Mtg. Minutes
May 20, 1998
Page 3 of 7
the Bremerton Central Lions Club sold over 750 tickets to the pancake breakfast
this year, and look forward to the same success next year.
Mr. Fan' stated he also enjoyed the parade, in spite of taking Mr. McConnell's
advice to sit on the side of the street that was shaded, while watching those on
the other side of the street enj_o.,y the warmth of the sun! On Sunday, he had the
pleasure of attending the 2''~ Annual Armed Forces Gospel Concert with
Reverend Cleveland Williams of the Ebenezer African Methodist Episcopal
Church. He was thrilled at the performance, which was wonderful. He was
honored to be there, and plans to make it a regular event.
MAYOR'S REPORT
Mayor Horton concurred with the comments made about the festivities over the
weekend. She passed out stickers to the Council members, to promote a
program to wear seatbelts when riding in a car, to help save lives.
Mayor Horton read the following Proclamations:
(1) MAY 25, 1998, POPPY'S DAY, with proceeds used exclusively for the
benefit of disabled and needy veterans, widows, and orphans of deceased
veterans, sponsored by VFW POST 293 and VFW POST 3694.
(2) JUNE 3, 1998, NAVY WIVES CLUBS OF AMERICA DAY, which was
accepted by Lori Oberlander. She announced that meetings are held monthly,
on the first Tuesday of each month, at 7:30 P.M. in the BOQ Conference Room.
PUBLIC RECOGNITION
Rev. Cleveland Williams, Ebenezer A.M.E. Church, thanked Mr. Fan' for
attending the concert, and was pleased that he enjoyed it. He also thanked the
public for supporting the 2n`~ Annual Armed Forces Gospel Music Concert with
members of the Martin Luther King Choir, along with the Gospel Music Workshop
of America, the Washington State Chapter. He also thanked Al Colvin for
attending the concert, providing the Invocation, and for his support.
Charlene Burnett, Parks & Recreation Department, reminded the public that a
brochure with summer, programs would be available soon. A number of activities
and programs are being planned such as the Playground Express, Camp Sparky,
and numerous Concerts in the Park. For a brochure, please call 478-5305 or
stop in the Parks Department.
Becky Lorber, Parks & Recreation Department, announced a musical revue
called "The Beat Is Strong" to be held at the Admiral Theater on May 28, 1998, at
TAPE #1544
City Council Reg. Mtg. Minutes
May 20, 1998
Page 4 of 7
7:00 P.M. Six different groups will be performing, which will include tap dancers,
choirs, tai chi, square dancers, and line dancers. She encouraged the public to
attend. If you would like additional information, please call 478-5357.
Bob Jaenicke, Bremerton Resident, suggested the City clean up the old Brem-
Air area, which could possibly fit up to 150 cars.
8A - BUDGET ADJUSTMENT #98-18 FOR ADDITIONAL FUNDING TO
SUPPORT SUMMER PROGRAMS FOR CHILDREN, #AB98-108
The following three funding sources have been found to help supplement
summer recreation for children:
1) The Bremerton Housing Authority has provided funding that will allow
the expansion of the Playground Express program at Westpark. The
cost of this program is $3,500, and will be provided in total via an
interlocal agreement with BHA.
2) Kitsap County has provided funding to supplement programs for
children with special needs. The proposed level of support is $5,000 to
"Camp Sparky", and $3,000 to the "Playground Express" program.
This funding is also provided via an interlocal agreement.
3) Previously approved CDBG reallocation of $5,648.74.
Charlene Burnett, Parks & Recreation Department, stated they welcomed these
funding sources, since they allow them to expand these programs to the
Westpark area, and to help keep Camp Sparky alive.
Public comment - none.
Mr. McConnell questioned the disparity between the amount of $17,150 listed
on the Budget Adjustment, and the amount of $17,148.74 listed on the Agenda
Bill. Ms. Burnett clarified that $17,148,74 is the correct figure, and the Treasurer
simply rounded off the numbers.
#0755 MISlClU(McConnelllMontgomery) Motion to authorize and direct the
Mayor to enter into the Interlocal Agreement with BHA to provide Playground
Express at Westpark.
#0768 MlSiClU(McConnelllMontgomery) Motion to authorize and direct the
Mayor to enter into the Intedocal Agreement with Kitsap County for additional
funding support to "Camp Sparky' and "Playground Express'.
/?
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May 20, 1998
Page 5 of 7
#0788 MlSlCiU(McConnelllMontgomery) Motion to approve associated budget
adjustment (BHA: $3,500 + KC: $8,000 + CDBG: $5648.74) for a total of
$17,148.74.
9A - ORDINANCE (FIRST READING) AMENDING B.M.C. 6.04.066 TO
INCLUDE RECOVERY OF ADMINISTRATIVE FEES FOR GARBAGE
ABATEMENTS, #AB98-109
RCW 35.22.320 allows the City to abate garbage and debris on private property
and assess abatement costs as a lien against private property. Part of the cost
of abatement is the cost of staff time to perform the garbage abatement process,
including inspections, letters, posting, and publishing notices. Approval of this
ordinance would place the burden of these costs on the violators.
Judy Johnson, Acting Director of Community Development, stated she is here
tonight to add language and costs incidental to the abatement as set forth by
Council Resolution, after this ordinance is passed. She provided a bdef history,
in addition to a time-frame of what takes place dudng the process of a garbage
abatement. There is a lot of staff time and site visits that go into a garbage
abatement, and that is why they are requesting an administrative fee be added.
Public comment - none.
Mr. Law is very pleased this is being brought before Council, as several
members have asked for it for the past four years. He asked if the City pays a
lower rate when they dump the garbage? Ms. Johnson stated there are
different fees, but she is not familiar with the fee schedule for the Public Works
Department.
Mr. McConnell asked what was the amount of the administrative fee, and will
those who clean up the garbage before day-20 be required to pay less? Ms..
Johnson stated an amount was not going to be brought forward until it was
known if Council was willing to have an ordinance allowing it. However, a fee of
$575 is being considered. As an incentive, there will be no administrative fee, for
those who clean up the garbage on their own. Mr. Montgomery stated that even
if it takes 20 days to get someone to clean up their garbage, they should still be
charged something for letting the property get in that condition to begin with. Ms.
Johnson explained that a window of at least 20 days is needed to allow
adequate time to find and contact owners in situations such as garbage found on
vacant lots, where no landlord is available.
TAPE #1544
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Page 6 of 7
President Farr stated it was important to clean up these ordinances so that they
can be enforced effectively.
#1196 MISICIU(McConnelllMontgomery) Motion to approve ordinance on first
reading, allowing administrative fees, as set by resolution, to be collected for
garbage abatement actions.
9B - ORDINANCE (FIRST READING) AMENDING B.M.C. 9.14.050 TO
INCLUDE RECOVERY OF ADMINISTRATIVE FEES FOR WEED
ABATEMENTS, #AB98-110
RCW 35.21.310 allows the City to abate vegetation, which is a fire hazard or
public nuisance, and assess abatement costs as a lien against private property.
Part of the cost of abatement is the cost of staff time to perform the weed
abatement process, including inspections, letters, posting, and publishing
notices. Approval of this ordinance would place the burden of these costs on the
violators.
Judy Johnson, Acting Director of Community Development, stated this is the
same issue, only this is related to weeds rather than garbage. There are a few
different steps involved in this process, in addition to the fact that a final
inspection is always made the day of the Council meeting to see if the weeds
have been taken care of, prior to staff asking if they can do the work.
Public comment- none.
Mr. Mont.qome~ asked what the fee for weed abatements would be, since he
did not want to create a situation where the City is providing cheap landscaping
labor. Ms. Johnson stated the fee can vary, depending on the site, and whether
it will involve just mowing grass, or also removing sticker bushes, etc. it will be
based on an hourly basis. Artistic Landscaping has provided the work in the
past, but are hoping that the Americorps group will be able to provide some of
the labor at a cost of $5.00/hour. President Farr wanted to verify that the City
only goes out to inspect a site if there has been a complaint. Ms. Johnson
stated that is correct, and that each situation is checked-out as thoroughly as
possible, by an inspection, and in talking with the owner and neighbors. Mr. Farr
gave an example of a person he knew, who had an abatement against him, and
it cost him in excess of $1,000. He wanted to make sure that enough publicity on
this issue was given to the public as a forewarning that there will be sedous
consequences for those who do not keep their lots in decent shape. Ms.
Johnson reassured Council that if the ordinance is passed, and a resolution is in
TAPE #1544
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Page 7 of 7
place, they can be shown what the penalty will be, on the very first initial contact,
if they don't comply.
#1458 MISICIU(MontgomerylOIsen) Motion to approve ordinance on first
reading, allowing administrative fees, as set by resolution, to be collected for
weed abatement actions.
President Farr thanked the BKAT TV camera crew for their services: Robert
Neal, Director/Production Coordinator; and volunteers Melody Zapata and Ryan
Bentley.
With no further business meeting adjourned at 6:25 P.M.
PAULA JOHNSTON, Deputy City Clerk
DAVID FARR, City Council President
City of Bremerton
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&GENDA BILL
BREMERTON CITY COUNCIL
SUBJECT: Exercise Option to
Purchase Envirofil Property at
Smith Cove
FOR AGENDA OF: May 27~ 1998
ORIGINATING DEPT: Admin. Services
ORIGINATOR: K. McCluskey~fi,~.
DATE SUBMITTED: May 21. 1998
· 2. ~: (co~me~o.n back 3. EXHIBITS:
if~n~ry) /~
/ ~//~. ~ ~// ~ Option Letter
City Attorney ~~/~/~~ Real Estate Option Agreement
ENDORSE~NT~ INFO~TION APPR~E6 ~NcIL PR~IDEN~FO~SUBMITTAL:
SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION:
Environfil, commonly known as BremAir, and the City entered into a real
estate option agreement dated November 26, 1996 whereby the City agreed
to option the Envirofil property adjacent to Evergreen Park. It is
recommended that the City exercise this option and assume the liability
of existing environmental conditions of the property that pose little
exposure according to the City's consultant, Failure Analysis.
RECOMMENDATION:
Motion to authorize Mayor to exercise option to purchase real property
from Environfil as described in the Option Agreement dated November 26,
1996.
RESPONSIBLE OFFICIAL: Executive
ENFORCEMENT OFFICIAL: Executiv~
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTIQN
APPROVED__ DISAPPROVED
DATE:
11.
AGENDA BILL NO:
CLEARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont.):
IMPACT ON NON-PASSAGE:
Expansion of Evergreen Park will be limited.
Se
IMPACT ON STAFFING~ BUDGETS~ FACILITIES. EOUIPMENT OR OTHER RESOURCES
N/A
7. RESEARCH SOURCES:
OFFICE OF CITY ATTORNEY
239 4th Street · Bremerton, Washington 98337 · (360) 478-5345 · FAX (360) 478-5161 · E-mail: legal@ci.bremerton.wa.us
May 6, 1998
Robert J. Berres
Envirofil, Inc.
P.O. Box 990
Bremerton, Washington 98337
Real Estate Option to Purchase
Option Agreement dated November 26, 1996
As Extended.
Dear Mr. Berres:
The City of Bremerton by this letter exercises its option to purchase the real property which is
subject to the City of Bremerton and Envirofil's Option to Purchase Agreement described above.
This exercise is subject to the condition of title, which is to be free of encumbrances and defects.
The City understands that a preliminary title report has been obtained by Envirofil, and that the
City has not yet been provided a copy. The City is willing to adjust the strict terms of Paragraph
5, relating to Condition of Title. It is agreeable with the city that title be cleared to the
appropriate condition and that Envirofil then provide a copy of title commitment with a short
period of time for review by the City. Envirofil could then provide the City with an executed
statutory warranty deed.
Very truly yours,
Lynn Horton
Mayor
Equal Opportunity Employer
Filed for Record at Request of:
When Recorded Return to:
Name Bremerton City Clerk
Address 239 Fourth Street
Bremerton, Washington 98337
Document Title: Real Estate Option
Reference Number of Document Assigned or Released:
Not Applicable
Grantor's Name: Envirofil, Inc., a Delaware corporation
Grantee's Name: City of Bremerton, a municipal corporation
Abbreviated Legal Description: S13, T24, R1E, WM.; and
BAYVIEW ADDN., B5, LTS. 8 & 9, EXC. E. 29 FT. THOF (Additional
legal on Exhibit "A" of document)
Assessor's Property Tax Parcel/Account Numbers: 132401-2-022-2002;
132401-2-029-2005; 3709-005-009-0008; 3709-005-008-0009; 132401-2-
015-2001; and 132401-2-028-2006.
REAL ESTATE OPTION AGREEMENT
THIS REAL ESTATE OPTION AGREEMENT ("Agreement") is made and
entered into as of November 26, 1996 by and between ENVIROFIL,
INC., a Delaware corporation ("Envirofil") and the CITY OF
BREMERTON, a municipal corporation ("the' City").
RECITALS
A. Envirofil is the owner of that certain real property
located in Bremerton, Washington, legally described in Exhibit
"A" attached hereto and incorporated herein by this reference,
and identified and depicted on Exhibit "B" attached hereto and
incorporated herein by this reference, and appurtenances,
easements, licenses, applications, permits and governmental
approvals and consents relating to or serving such real property
(collectively the "Property").
B. The Property is contaminated with hazardous substances
at such levels that the Washington State Department of Ecology
.("Ecology") may require the Property to be remediated.
C. If acceptable, terms of remediation can be negotiated
and agreed upon between the City and Ecology, the City desires to
acquire and develop the Property for park and recreational
purposes in accordance with the City's comprehensive park plan.
D. To facilitate its further study of the Property and the
feasibility of its remediation and development for park and
recreational purposes, the city desires to acquire the exclusive
right and option to acquire Envirofil's title to the Property.
AGREEMENT
In consideration of the mutual covenants and promises
contained herein, the parties hereto hereby agree as follows:
1. Grant of Option. Subject to the terms, covenants and
conditions set forth herein, Envirofil hereby grants to the city
the exclusive right and option (the "option") to acquire all
rights, title and interest of Envirofil in the Property.
2. Term of option. The term of this Option shall commence
on the date hereof and shall continue until exercised or the term
of this Option expires on December 31, 1997.
3. Consideration for option. The consideration for this
Option is ten dollars ($10.00) and other valuable consideration,
including the City's promise to undertake good faith efforts to
negotiate remediation of the Property with Ecology and to bear
the cost and expenses of all investigation and analysis it deems
necessary to undertake during the term of this Option, as well as
the city's promise to deliver and make available to Envirofil the
results and reports of such investigations.
l(a)
4. ~onsideration for Transfer of Title. If the City
exercises this Option, as full consideration for Envirofil's
transfer and conveyance of title in and to the Property to the
City, the City shall agree to assume all obligations relating to
or arising from the Property and shall agree at closing, as
evidenced by its execution of a Hazardous Substances Remediation
and Indemnification Agreement in the form attached hereto as
Exhibit "C", to indemnify and hold Envirofil harmless from and
against any and all (i) costs and expenses arising directly or
indirectly from the environmental condition of the Property or
remediation of the Property pursuant to a consent decree entered
into with Ecology or otherwise, and (ii) enforcement, cleanup,
removal, remedial or other government or regulatory actions,
agreements or orders threatened, instituted or completed relating
to the Property and (iii) other claims, obligations, liabilities,
demands, judgments, causes of action, costs and~expenses
(including attorney's and consultant's fees and disbursements) of
any kind or nature, including, but not limited to, those for
personal injury or property damage, which arise out of or relate
in any way to any use, handling, production, transportation,
disposal, release, presence or storage of any hazardous materials
in, under, on, about or from the Property.
5. Condition of Title.
5.1 Within twenty (20) days after execution of this
Agreement by both Envirofil and the City, Envirofil shall deliver
to the City a current title commitment(the "Title Commitment")
with copies of all exceptions or conditions referred to therein
which would appear in the Owner's Standard Coverage ALTA Policy
of Title Insurance to be issued at Closing as provided in
Paragraph 10.1(b).
5.2 The City shall have a period of twenty (20) days
after the date of receipt of the Title Commitment to review the
Title Commitment and to give notice to Envirofil of such
objections as the City may have to any defect or encumbrance set
forth in the Title Commitment. Any defect or encumbrance to
which the City does not object within such twenty (20) day period
shall be deemed to be accepted by the City and shall be a
Permitted Exception as provided in Paragraph 5.3. If the City
shall object to any defect or encumbrance, Envirofil shall advise
the City within twenty (20) days after the City's notice whether
Envirofil can remove such defect or encumbrance. If Envirofil
advises the City that Envirofil cannot remove any particular
defect or encumbrance, Envirofil may terminate this Agreement.
If Envirofil so advises the City but does not terminate this
Agreement, the City shall elect by written notice to Envirofil
within ten (10) days after the City receives such notice from
Envirofil (i) to waive such defect or encumbrance and proceed
with this Option, or (ii) to terminate this Agreement. Upon any
termination of this Agreement under this Paragraph 5.2, Envirofil
and the City shall have no further rights or obligations
hereunder. If the City does not select one of such options
within such ten (10) day period, the City shall be deemed to have
waived its objection to such defect or encumbrance and it shall
be a Permitted Exception as provided in Paragraph 5.3.
5.3 Envirofil shall convey and the City shall accept
good and marketable title to the Property by Statutory Warranty
Deed in fee simple, free and clear of all defects and
encumbrances, except for: (i.) the rights and reservations
expressed in the U. S. Patent to the Property; (ii) the lien of
current real estate taxes not yet due and payable; (iii) usual
and ordinary public utility easements for gas, electric, water,
sewer and other utility lines to the Property; (iv)
governmental building, land use and zoning regulations, codes,
laws and ordinances; ~ (v) consents by Envirofil or any former
owner of the Property for the erection of any structure or
structures on, under or above any street or streets on which the
Property may abut; (vi) rights of tenants existing as of Closing
and (vii) those accepted by the City in accordance with Paragraph
5.2 (collectively, the "Permitted Exceptions").
6. Feasibility Study/Grant of Easement.
6.1 The City shall have a period commencing with the
date of execution hereof and extending through the term of this
Option in which to study the feasibility of remediation and
development of the Property for park and recreational purposes.
6.2 Envirofil hereby grants the City a right of access
to the Property for purposes of conducting environmental
investigation and remediation upon the Property during the term
of this Option. The City or its agents shall be permitted to
enter the Property to conduct environmental investigation and
remediation of the Property, including without limitation,
drilling, testing, soil and groundwater sampling, excavation and
installation of monitoring wells or other remediation equipment
or structures thereon and upon any other property owned or
controlled by Envirofil to which any environmental contaminants
may have migrated from the Property.
6.3 Envirofil agrees to deliver to the City upon
execution of this Agreement all studies and tests in its
possession, of which Envirofil has knowledge, relating to the
Property. Ail tests to be conducted by the City shall be
conducted at the City's expense.
6.4 The tests by the City shall be performed in a
workmanlike manner in compliance with all applicable federal,
state and local laws, ordinances, rules and regulations. The
City shall exercise reasonable care not to damage the Property or
unreasonably interfere with the security of the Property.
Envirofil will have the right to have a representative of
Envirofil accompany the City and its employees, representatives,
agents and contractors while they are on the Property. Any entry
by the City or its employees, representatives, agents or
contractors will not unreasonably interfere with Envirofil's use
of the Property or any part thereof.
6.5 Within thirty (30) days after the execution of
this Agreement, the City shall construct, at its expense, a fence
around the Property and take reasonable steps to restrict and
control access to the Property during the term of this Option.
The City shall maintain good order among its employees,
representatives, agents and contractors who come onto the
Property and shall confine such employees, representatives,
agents and contractors and their equipment, if any, to those
portions of the Property necessary to perform the tests by the
City.
6.6 If the City does not exercise its Option to
acquire the Property, the City shall restore the Property at its
sole cost and expense and properly abandon and remove, in
accordance with applicable federal, state and local laws,
ordinances, rules and regulations, all groundwater wells and
other facilities installed on the Property, including removing
any portions of the groundwater wells that are visible at or
above the surface of the Property. Until restoration is
complete, the City shall take all steps necessary to ensure that
any conditions on the Property created by the tests will not
interfere with the normal operation of the Property or create any
dangerous, unhealthy, unsightly, nuisance or noisy condition on
the Property.
6.7 The City shall keep Envirofil informed of the
progress of its testing and shall provide Envirofil with copies
of all preliminary test results, reports and other such
information received by the City in connection therewith. The
City shall not prepare and deliver any final reports without
first discussing the preliminary test results and reports with
Envirofil and considering, in good faith, the input of Envirofil
and the interests of the owner of the Property. The parties
agree that all information shall be kept confidential and shall
not be used for any purpose other than the evaluation of the
environmental condition of the Property as set forth herein. The
City agrees not to disclose the contents of any such report to
4
any third party, except with Envirofil's prior consent, or except
as to such disclosure as may be reasonably required for the City
to communicate with consultants and/or negotiate with Ecolo~%;,
the United States Environmental Protection Agency ("EPA"), or
other agency having jurisdiction over the Property.
6.8 The City agrees to indemnify and hold harmless
Envirofil and its directors, officers, employees, agents and
affiliates from all damages, claims, liabilities, liens, and
expenses, including attorney's and consultant's fees, arising out
of the City's activities pursuant hereto.
7. Contact with Ecolo?f and/or EPA. Envirofil agrees that
all contacts with Ecology, EPA and any other regulatory agency
with jurisdiction over the Property concerning contamination of
the Property shall be made by the City, or its representatives;
provided that the City shall advise Envirofil of all contacts in
advance and shall consider in good faith the input and comments
submitted by Envirofil. Envirofil agrees that it will not
directly communicate or attempt to communicate with any
regulatory agency with jurisdiction over the Property about
matters relating to the contamination of the Property, except
jointly with the City. In the event Envirofil is contacted in
any way by a regulatory agency concerning contamination of the
Property, Envirofil shall promptly notify the City of the
contact, forward all documents concerning or comprising the
contact to the City, and allow the City to reply to the agency,
with the participation of Envirofil if it desires, if a reply is
required. During the term of this Option, the City shall pay all
costs of dealing with Ecology, EPA and any other regulatory
agency with jurisdiction over the Property.
8. Exercise of Option. The City may exercise this Option
at any time during the option term by giving Envirofil written
notice of its intent to exercise this Option.
9. Cooperation. Envirofil shall, in good faith, cooperate
with the City, at the City's expense, in the City's efforts to
determine if the Property may be developed into a City park
including signing property plans, plats, a consent decree
approved for remediation of the Property and all documents
incidental to and in furtherance thereof, zoning documents, and
other similar documents, as long as such property plans, plats,
consent decree, zoning and other documents only become effective
if the City acquires title to the Property.
10. Closinq. The closing of this transaction (the
"Closing") shall take place at the offices of the City Attorney
(the "Escrow") on or before thirty (30) days after exercise of
this Option by the City or at such other date as Envirofil and
the City shall agree (the "Closing Date").
5
10.1 At or prior to the Closing, Envirofil shall
execute and deliver or cause to be delivered to Escrow the
following documents:
(a) Statutory Warranty Deed duly executed and
acknowledged, conveying to the City the Property in fee
simple, free and clear of any lien, encumbrance or exception
other than the Permitted Exceptions;
(b) An Owner's ALTA Standard Coverage Policy of
Title Insurance issued by the Title Company in such amount
as requested by the City conforming to the requirements of
Paragraph 5.3 (the "Title Policy"); and
(c) funds to pay all prorations to be paid by
Envirofil at Closing, if any.
10.2 At or prior to Closing, the City shall deliver to
Escrow the executed Hazardous Substances Remediation and
Indemnification Agreement and funds to pay all closing costs and
expenses to be paid by the City hereunder.
10.3 Real property taxes, utility charges constituting
a lien on the Property, and assessments shall be prorated as of
Closing. The City shall pay the premium for the Title Policy,
the State of Washington real estate excise tax on the conveyance,
if any, and the fee charged by the Escrow.
11. General Representations and Warranties of Envirofil.
Envirofil represents and warrants to the City that, to the actual
knowledge of Envirofil, each of the following is true as of the
date hereof and shall be true as of the Closing Date:
11.1 Envirofil is the owner of the Property and has
the power and authority to sell the Property as provided in this
Agreement, and the granting of this Option and sale of the
Property pursuant to this Agreement has been duly authorized by
Envirofil.
11.2 There is no pending condemnation or similar
proceedings affecting the Property, except as otherwise disclosed
in the Title Commitment or otherwise disclosed to the City in
writing prior to Closing. If Envirofil notifies the City of any
such proceeding prior to Closing, the provisions of Paragraph 16
shall apply.
11.3 Envirofil has paid (except to the extent prorated
at Closing) all local, state and federal taxes (other than real
and personal property taxes and assessments not yet due)
attributable to the period prior to the Closing Date which, if
not paid, could constitute a lien on the Property, or for which
the City may be held liable after Closing.
11.4 Envirofil will use all reasonable efforts to
fulfill all of the conditions of this Agreement which are within
its power to fulfill.
11.5 Envirofil makes no representations or warranties
express or implied regarding the Property other than those
specified in this Agreement, and specifically, without
limitation, makes no representation or warranty of any kind or
nature concerning the environmental condition of the Property,
12. Representations, Warranties and Covenants of the City.
The City represents and warrants to Envirofil that each of the
following is true as of the date hereof and shall be true as of
the Closing Date, and acknowledges and covenants as follows:
12.1 The City has the power and authority to enter
into this Agreement and acquire the Property as provided in this
Agreement and the execution of this Agreement and acquisition of
the Property pursuant to this Agreement has been duly authorized
by the City.
12.2 The execution and delivery of this Agreement by
the City, the performance by the City of its obligations
hereunder and the consummation of the transaction contemplated
hereby will not conflict with or result in any breach or
violation of any of the provisions of or constitute a default
under any indenture, mortgage, charter, instrument, bylaw, law,
regulation, judgment, injunction, order, writ or regulatory order
or any other agreement or instrument to which the City is a party
or by which it is bound nor will any consents or authorizations
be required other than necessary to fulfill the rePresentations
and warranties herein.
12.3 The City is aware that the Property has been used
as industrial property and is contaminated with hazardous wastes
and is fully aware that environmental remediation of the Property
may be required.
12.4 Prior to exercise of this Option, the City shall
inspect and test the Property to the extent the City deems
necessary, shall become fully familiar with the physical
condition and repair thereof, including any
environmental/hazardous waste issues with the Property, shall
rely on its own pre-closing inspections and investigations and
shall accept the Property "AS IS, WHERE IS" and in its present
condition, including anything relating to the environmental
condition of the Property and hazardous substances on, in or
under the Property, subject to reasonable use, wear, tear and
natural deterioration between the date of this Agreement and.the
Closing Date, without any change in the terms or conditions of
this Agreement.
12.5 Prior to exercise of this Option, the City shall
make such other examinations of all other matters affecting or
~relating to the Property and this transaction as the~City deems
necessary. In entering into this Agreement and the Closing of
the purchase of the Property, the City has not and will not have
been induced by and has not relied and will not rely upon any
representations, warranties, documents or statements, whether
express or implied, made by Envirofil or any agent, employee or
other representative of Envirofil or by any broker or any other
person representing or purporting to represent Envirofil whether
or not any such representations, warranties or statements were
made in writing or orally, except for the representations and
warranties set forth in Paragraph 11 of this Agreement.
12.6 The City will use all reasonable efforts to
fulfill all of the conditions of this Agreement which are within
its power to fulfill.
13. Covenants of Envirofil.
13.1 Envirofil shall not do or cause to be done
anything that would cause any representation or warranty of
Envirofil hereunder to be untrue.
13.2 During the term of this Option, Envirofil shall
not sell, dispose of or encumber any portion of the Property,
except for encumbrances that are removed from the Property at or
prior to the Closing, and shall not accept any other offers or
enter into any other contracts for the sale, exchange or transfer
of the Property or any portion thereof.
14. Conditions Precedent to the City's Obligations to
Close. The obligation of the City to consummate the transactions
contemplated by this Agreement is subject to fulfillment of the
following conditions at or prior to the Closing Date (unless
waived in writing by the City):
14.1 The representations and warranties made by
Envirofil herein shall be true and correct in all material
respects at and as of Closing, and Envirofil shall have performed
and complied in all material respects with all agreements,
covenants and conditions contained in this Agreement required to
be performed or complied with by Envirofil prior to or at
Closing.
14.2 The Title Company has agreed to deliver at Closing
the Title Policy insuring title to the Property in the City
subject only to the Permitted Exceptions.
14.3 Envirofil shall have executed and delivered to
Escrow the Deed and any other documents and instruments necessary
8
for Envirofil to perform all of its obligations under this
Agreement.
14.4 Envirofil shall have paid its share of the Closing
costs and prorations required hereunder.
If all of the above conditions are not satisfied at or prior to
Closing, the City may terminate this Agreement by notice to
Envirofil unless the City and Envirofil agree to extend the term
of this Option.
15. Conditions Precedent to Envirofil's Obligations to
Close. The obligation of Envirofil to consummate the
transactions contemplated by this Agreement is subject to
fulfillment of the following conditions at or prior to the
Closing Date (unless waived in writing by the Envirofil) :
15.1 The City shall have executed and delivered to the
Escrow the Indemnity Agreement and its share of the Closing costs
and prorations required hereunder.
15.2 The City shall have performed its all of its
obligations hereunder.
If all of the above conditions are not satisfied at or prior to
Closing, Envirofil may terminate this Agreement by notice to the
City unless the City and Envirofil agree to extend the term of
this Option.
16. Condemnation. If prior to the Closing Date, all or any
part of the Property shall be taken by condemnation in any
proceeding by a governmental authority or other entity vested
with the power of eminent domain or shall be acquired for public
or quasi-public purposes or condemnation proceedings therefor
shall have been instituted, then the City or Envirofil may elect
to terminate this Agreement by giving the other party notice to
such effect within thirty (30) days after the City receives
notice of such occurrence and upon such termination Envirofil and
the City shall have no further rights or obligations hereunder.
If the City or Envirofil do not elect to so terminate, this
Agreement shall remain in full force and effect and Envirofil
shall, on the Closing Date, sell, transfer and assign to the City
the Property and Envirofil shall be entitled to any award paid or
payable for such taking.
17. Risk of Loss or Damaq~. Upon a significant loss of or
significant damage to the Property, or a material portion
thereof, by flood, earthquake or other calamity prior to the
Closing Date, the City may elect either to terminate this
Agreement, or to purchase the Property in the condition existing
on the Closing Date.
9
18. Attorney.~' Fees. If a suit or action is filed to
enforce, interpret or seek damages for the breach of this
Agreement, the prevailing party shall be reimbursed by the
nonprevailing party for all costs and expenses incurred in
connection with such suit or action, including, without
limitation, reasonable attorneys' fees and costs at trial and on
appeal.
19. Default. If either party shall be in default of any of
its obligations hereunder, the other party may, at that party's
option, (i) terminate this Agreement by written notice delivered
to the defaulting party at or prior to the Closing, (ii)
enforce specific performance of this Agreement against the
defaulting party and (iii) institute an action for all damages
against the defaulting party.
20. Charitable Transfer. Envirofil and the City
acknowledge and agree that if the City exercises this Option and
the fair market value of the Property is determined to be in
excess of the obligations assumed by the City hereunder,
Envirofil may treat the acquisition of the Property by the City
as a charitable contribution of the Property to the City by
Envirofil to the extent allowed by law.
21. Notices. Ail notices, requests, demands and other
communications in connection with this Agreement shall be in
writing and furnished to the other party at its address listed
below (or at such other address as may be specified from time to
time by notice) and shall be deemed to have been duly given if
delivered personally, sent via facsimile transmission or sent by
certified or registered mail, postage prepaid, to the following
respective addresses or at such other address as a party shall
have last designated by notice to the other:
If to Envirofil:
Robert J. Berres, Jr.
P.O. Box 990
Bremerton, Washington 98337
Fax No. (360) 479-1772
10
If to the City:
Department of Public Works & Utilities
3027 Olympus Drive
8remert0n, WA 98310
Att: W. Eugene Sample¥~ Dir~ct0r
Fax No. (360~ 478-5018
Notices, requests, demands and other communications sent by
certified or registered mail shall be deemed given when delivered
or, if earlier, three days after mailing.
22. Entire Aqreement. This Agreement sets forth the entire
agreement of the parties as to the subject matter hereof and
supersedes all prior discussions and understandings between them.
This Agreement may not be amended or rescinded in any manner
except by an instrument in writing signed by a duly authorized
officer or representative of each party hereto.
23. Survival. The representations, warranties, covenants
and agreements of Envirofil and the City contained in this
Agreement shall survive the Closing of the transaction
contemplated hereunder and delivery of the deed pursuant hereto.
24. Enforcement. The failure of either party to insist
upon or enforce strict performance by the other party of any
provision of this Agreement or to exercise any right under this
Agreement shall not be construed as a waiver or relinquishment to
any extent of such party's right to assert or rely upon any such
provision in any other instance.
25. Amendments. This Agreement may be amended or modified
only by a written instrument executed by Envirofil and the City.
26. Expenses. In addition to all costs of testing of the
Property and dealing with the agencies which the City shall pay
during the term of this Option, each party to this Agreement
shall pay its own expenses (including, without limitation, the
fees and expenses of its agents, representatives, counsel,
consultants and accountants) incidental to the preparation and
consummation of this Agreement and transaction.
27. Binding Effect. Ail rights and obligations arising out
of this Agreement shall inure to the benefit of and be binding
upon the parties hereto and their respective successors and
assigns; provided that no party shall have the right to assign
any of its' rights or obligations hereunder without the prior
written consent of the other party.
28. Time. Time is of the essence in each and evez-y
covenant and condition of this Agreement.
29. Captions. The captions and section headings hereof are
inserted for convenience only and do not limit or expand the
meaning of any section.
30. Severability. If any of the provision of this
Agreement is found to be invalid, illegal or unenforceable by any
court of competent jurisdiction, such provision shall be stricken
and the remainder of this Agreement shall nonetheless remain in
full force and effect unless striking such provision shall
materially alter the intention of the parties.
31. Governinq Law. This Agreement shall be construed
according to the laws of the State of Washington. Each party
hereby consents to jurisdiction and venue for any action
commenced to enforce this Agreement in the County of Kitsap,
State of Washington.
32. Counterparts. This Agreement may be executed in
several counterparts, each of which shall be an original and all
of which shall constitute one and the same instrument.
33. Facsimile Transmissions. Facsimile transmission of any
signed original document, and retransmission of any signed
facsimile transmission, shall be the same as delivery of an
original. At the request of either party, or the Escrow Agent,
the parties will confirm facsimile transmitted signatures by
signing an original document.
34. Equal Participation in Drafting. The parties have
participated in and have had an equal opportunity to participate
in the drafting of this Agreement. No ambiguity shall be
construed against any party based on a claim that the party
drafted the ambiguous language.
IN WITNESS WHEREOF, the parties hereto have entered into
this Agreement.
Dated:
ENVIROFIL, INC.
By
Its
Dated: ~-~.~ !~. q
W, EUGENE $A"P~' Its MAYOR
Director of Public Works & Utilities
THE CITY OF BREMERTON,
a municipal corporation
12
HAZARDOUS SUBSTANCES REMEDIATION AND
INDEMNIFICATION AGREEMENT
THIS AGREEMENT is made this 25 day of November , 1996
by THE CITY OF BREMERTON, a municipal corporation ("the City"),
and ENVIROFIL INC., a Delaware Corporation ("Envirofil").
RECITALS
A. Envirofil was the prior owner of the property located
in Bremerton, Washington and legally described as set forth on
Exhibit A attached hereto and incorporated herein by this
reference (the "Property").
B. The Property is contaminated with hazardous substances
at such levels that the Washington State Department of Ecology
("Ecology") may require the Property to be remediated.
C. The City has negotiated and agreed upon terms of a
Consent Decree (the "Consent Decree") with Ecology pursuant to
which the Property will be remediated to a condition which will
allow its development and use for park and recreational purposes.
D. Simultaneous with the parties' execution hereof, the
City has acquired the Property from Envirofil, to develop it for
park and recreational purposes in accordance with the City's
comprehensive park plan, in exchange for the City's agreement to
assume all obligations relating to or arising from the Property,
including those arising from the environmental condition of the
Property.
E. The parties wish to state their understanding
regarding their respective rights and responsibilities for future
testing and remediation, as well as potential claims, damages and
expenses relating to contamination on, in, under, about or from
the Property.
AGREEMENTS
For good and valuable consideration, the parties agree as
follows:
1. Definitions. The following terms have the
following meanings:
"Hazardous Materials" means any and all
(a) oil, petroleum products, flammable
substances, explosives, radioactive
materials, hazardous wastes or substances,
toxic wastes or substances or any other
wastes, materials or pollutants which
37
(i) pose a hazard to the Property or to
persons on, about or around the Property or
(ii) cause the Property to be in violation of
any Hazardous Materials Laws;
(b)
asbestos in any form which is or could become
friable or which is deemed hazardous under
any applicable law, urea formaldehyde, foam
insulation, transformers or other equipment
which contain dielectric fluid containing
levels of polychlorinated biphenyls, or radon
gas;
(c)
chemicals, materials and substances defined
as or included in the definition of
"hazardous substances," "hazardous wastes,"
"hazardous materials," "extremely hazardous
waste," "restricted hazardous waste,"
"dangerous waste" or "toxic substances" or
words of similar import under any applicable
local, state or federal law or under the
regulations adopted or publications
promulgated pursuant thereto, including, but
not limited to, the Comprehensive
Environmental Response, Compensation and
Liability Act of 1980, as amended, 42 U.S.C.
§ 1801, et seq.; the Federal Water Pollution
Control Act, as amended, 33 U.S.C. § 1251, et
seq.; and any substance designated as a
"hazardous substance" under RCW
Chapter 70.105D;
(d)
(e)
any other chemical, material or substance,
exposure to which is prohibited, limited or
regulated by any governmental authority or
may or could pose a hazard to the health and
safety of the occupants of the Property or
the owners or occupants of property adjacent
to or surrounding the Property, or any other
person coming upon the Property or adjacent
property; and
any other chemical, material or substance
which may or could pose a hazard to the
environment.
"Hazardous Materials Claims" means any and all (i)
costs and expenses arising directly or indirectly from
the environmental condition of the Property or
remediation of the Property pursuant to the Consent
Decree or otherwise, (ii) enforcement, cleanup,
removal, remedial or other governmental or regulatory
2
information in which to evaluate the claim and information
provided and to accept or reject the tender by written notice to
Envirofil. The City's failure to respond within that period
'shall be deemed acceptance of the claim.
5. Riqht to Control Remediation and Defense. Subject to
the terms of the Consent Decree, the City shall have the right to
conduct the remediation of the Property in the manner of its
choosing, in its sole discretion, at its expense. The City shall
have the right to appoint counsel, reasonably acceptable to
Envirofil, and control the defense of any litigation or other
proceeding to the extent this Indemnity applies thereto;
provided, however, that the City shall not have the authority to
confess judgment or admit liability on behalf of Envirofil, or
make any agreement which requires any action or payment of funds
by Envirofil without Envirofil's prior written consent.
6. Attorneys' Fees. If a suit or action is filed to
enforce, interpret or seek damages for the breach of this
Agreement, the prevailing party shall be reimbursed by the
nonprevailing party for all costs and expenses incurred in
connection with such suit or action, including, without
limitation, reasonable attorneys' fees and costs at trial and on
appeal.
7. Notices. Ail notices, requests, demands and other
communications in connection with this Agreement shall be in
writing and furnished to the other party at its address listed
below (or at such other address as may be specified from time to
time by notice) and shall be deemed to have been duly given if
delivered personally, sent via facsimile transmission or sent by
certified or registered mail, postage prepaid, to the following
respective addresses or at such other address as a party shall
have last designated by notice to the other:
If to Envirofil:
Robert J. Berres, Jr.
P.O. Box 990
Bremerton, Washington 98337
Fax No. (360) 479-1772
If to the City:
Department of Public Works & Utilitie~
3027 Olympus Drive
Bremerton, WA 98310
Att: W. Eugene Sampley, Director
Fax No. (3S0) 478-5018
Notices, requests, demands and other communications sent by
certified or registered mail shall be deemed given when delivered
or, if earlier, three days after mailing.
8. Miscellaneous.
4
a. Governinq Law. This Agreement Shall be governed
by and construed in accordance with the laws of the State of
Washington.
b. Entire Aqreement. This Agreement constitutes the
entire agreement between the parties and cannot be changed or
modified other than by a written agreement executed by both
parties.
c. Counterparts. This Agreement may be executed in
more than one counterpart, each of which shall be deemed an
original.
d. Authority. The parties each represent and warrant
that they have full power and actual authority to enter into this
Agreement and to carry out all actions required of them by this
Agreement. Any person executing this Agreement in a
representative capacity hereby represents and warrants that he or
she has full power and authority to bind his or her party.
e. Equal Participation in Drafting. The parties have
participated in and have had an equal opportunity to participate
in the drafting of this Agreement. No ambiguity shall be
construed against any party based on a claim that the party
drafted the ambiguous language.
f. Effective Date. The Effective Date of this
Agreement shall be the date when all parties have fully executed
this Agreement.
EXECUTED as of the day and year first above written.
Date:~
ENVIROFIL,
By:
Its:
DEPA~~L:
W. E~GEN~ S~MPI~
D±~ecto~ o~ Pubiic Works & Ut±iities
A~~D. TO FORM:
IAN R~ SIEVERS,
City Attorney
5
THE CITY OF BREMERTON,
a Municipal corporation
1. SUBJECT:
AGENDA BILL
BREMERTON CITY COUNCIL
POSITION UPGRADE
PARKS & RECREATION
FOR AGENDA OF: 27 May 1998
ORIGINATING DEPT: Parks & Recreation
ORIGINATOR: Jim Spencer, Interim Director
DATE SUBMITTED: 19 May 1998
2. CLEARANCES: ~- ] 3. EXH]BITS:
(Comment on back ifnecessary)~ · ' ~
Parks & Recreation Director~ A. Letter, Schneider to Spencer, dated 2/4/98,
Treasurer."-//~f__~~ subject: Classification Study
Human Resources, Director: ~ .;.4-,A ~r~) .... __~; Budget Adjustment 98- 17
Operation~.-/ - '
ENDORSEMENT ~' INFORMATION APPROVED BY COUNCIL P~DEN~. FO~UBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
A Classification Study was performed on one of the two Recreation Program Coordinator I
positions authorized in the 1998 Staffing Levels. The review concluded that one of the
positions should be classified as a Recreation Program Coordinator II position. It is
impossible to delegate responsibilities to other staff members without impacting programs.
RECOMMENDATION:
MOtion to approvVt)~' upgrading of one Recreation Program coordinator I position to
Recreation Program Coordinator II position.
RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
Jim Spencer
Jim Spencer
PULLED TABLED
COUNCIL DIRECTIVE:
I0. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE:
AMENDED
4-3
CLEARANCE COMMENTS:
IMPACT OF NON-PASSAGE:
We would remain in non-compliance with the determination reached by thc Civil
Service Officer regarding this position.
IMPACT ON STAFFING~ BUDGETS~ FACILITIES: EQUIPMENT OR OTHER
RESOURCES:
The increase in personnel costs associated with this new Rec II position can be
absorbed within 1998 budgeted allocations due to offsetting personnel actions within
the Department.
7. RESEARCH SOURCES:
CITY OF BREMERTON _
Requesting Department:
BUDGET ADJUSTMENT REQUEST
PARK DEPT. Adjustment Number:
98-17
Approval Authority Required:
'-]Treasurer
SOURCE OF FUNDS:
Reduce:
One Rec. Program Co-Ord. I
[-~Mayor r-
Position
Fiscal & Budget
USE OF FUNDS:
r-~Council
Increase:
One Rec. Program Co-Ord. II Position
NARRATIVE:
This adjustment will change the authorized staffing of the Parks Dept. by upgrading one position.
The change is proposed after a position review by the Civil Service Officer.
No additional expenditure authority is requested.
Department Head Signature
Treasurer Comments:
Date
,~/~frector Signatur~...~/
r----] Recommended ~ Not Recommended
Mayor Comments:
Treasurer'~~u
Recommended ~ Not Recommended
Approved ~ Denied
Fiscal & Budget Committee Comments:
Mayor's Signature
Date
['--~ Approved
Denied
Date
HUMAN RESOURCES DEPARTMENT
Charlotte Belmore
Barbara Forbes
Jim Meith
Virginia Schneider
239 4th Street · Bremerton, WA 98337 · (360) 478-5846 · FAX (360) 478-516! · JOB LINE (360) 478-5241
February 4, 1998
From: Virginia A. Schneider, CMl Service OflScer~
To: Jim Spencer, Director, Parks and Recreation Department
Subj: Classification Study - Recreation Program Coordinator I/Recreation Program
Coordinator 11
I have completed my review of the Recreation Program Coordinator I position in the Parks and
Recreation Department.. I have determined that the position in question should be reclassified as a
Recreation Program Coordinator 1I position. Attached is my report and recommendation.
If you have any questions please don~t hesitate to contact me at (360) 478-5926.
NOTE:
Changes in position status which impact the incumbent must conform to Civil Service Rule 7.09 C and
be posted for fifteen days once the changes are approved by the City Council. It is the responsibility of
the appointing authority to notify the Civil Service Officer that a posting is needed.
Equal Opportunity Employer
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT:
Proposed Professional Services
Agreements and Proposed Professional
Services Extension of Retained
Legal Services
FOR AGENDA OF: May 27, 1998
ORIGINATING DEPT: Legal Department
ORIGINATOR: Glenna Malanca
City Attorney
DATE SUBMITTED: May 22, 1998
~f necessary)
~OUNCIL OPERATIONS COMMITTEE
FISCAL & BUDGET COlv~TTEE"~..,.~
ENDORSEMENT~ INFORMATION []
3. EXHIBITS:
Proposed Professional Services Agromaents
Proposed Professional Services F~xtension
APPROVED BY COUNCIl. PRESIDEI~ FOR SUBMITTAL:
COUNCIL PRESIDENT (~f~/~ ~L/k
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City Attorney has requested that the following fu-ms be allowed to handle matters on the City's behalf, including
Bond Counsel and complex litigation defense. It would be in the best interest of the City to approve the following:
Professional Services Agreement:
Williams, Kasmer & Gibbs
Gottlieb, Fisher & Andrews
Professional Services Extension:
Larson, Hart & Shepherd
8. RECOMMENDATION:
Approve the Professional Services Agreements for Williams, Kasmer & Gibbs and Gottlieb, Fisher & Andrews and
the Professional Service Extension for Larson, Hart & Shepherd.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFHCIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED [] TABLED [] APPROVED [] DISAPPROVED [J AMENDED ~ DATE:
COUNCIL DIRECTIVE:
(OVER)
11. AGENDA BILL NO.:
/.5-
5. IMPACT OF NON-PASSAGE:
Inappropriate representation of the City in legal and £mancial matters and litigation.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHF. R RESOURCES:
Currently within budget line item.
7. RESEARCH SOURCES:
N/A
85/15/1998 13:57
36047851B1 BREMERTON LEGAL DEPT
PAGE
02
PROFESSIONAL SERVICES AGREEMENT
Retained Counsel Services - E~tension
This ~nent is by and I~ween the City ofBremerton (here.,in~er 'City") and Larson Hart
Shepherd Cnereina~er 'Ret~in~l Count'); ~nd i~ made and entered into pursuant to the pmvisiorus
of Cluspter 39.34 RCW.
~ITNESSETH:
WHEREAS. the parties entered into a one year professional services agreement for legal
services to be provided to the City by Retained Counsel on June 1, 1997; and
WHI:~n~, th~ parties extend th~ agr~nt for one (1)
NOW THEREFORE, in consideration of'the mulu~l covenant hereinafter stated, the parties
h~o aS~o as follow~:
1. Section I. Scope is mended to include:
City of Bremcrton et al Cause t~C97-5330RJB
2, Section l~, Compensation is amended to include.'
($]5,000.00).
The total amoun~ of this agreemet~t shall n~t exceed Fffieen Thousand Dollars
This amount will cove~ the final billing amounts nnd any possible delayed costs not yet
All other Terms nad conditions of the parties June 1. 1997 Prof~sional Services Agre~mcm shall
remain in full force and effect unless inconsistent with this ngreement.
Dat~
BY:
,~~F_.D AS TO FOKM:
City Atrophy
Date
aEC£1VF. D FOR FILINO:
CITY OF BR.EMERTON
LYNN S. HORTON, Mayor
KATI41~N Ms~LIJ-~KEY. CiTY Cl~RK
PROFESSIONAL SERVICES EXTENSION
~1 ,E:cr -NN AOMTS 1
05/15/98 FRI 12:53 [TX/RX NO 8229]
PROFESSIONAL SERVICES AGREEMENT
Retained. Counsel/Williams, Kastner & Gibbs PLLC
THIS AGREEMENT is between the City of Bremerton, a municipal
corporation, (hereinafte~ referred to as "City") and the law firm
of Williams, Kastner & Gibbs, (hereinafter referred to as "Retained
Counsel").
W I TNE S S E T H:
1. SCOPE: Retained Counsel agrees to provide legal services
as assigned by the City Attorney.
2. TERM: Contract shall commence on May 1, 1998, and will
continue until terminated, in writing, by either party.
3. COMPENSATION:
following hourly rates:
City shall pay Retained Counsel the
Sheryl Willert
Senior Associates
Junior Associates
One Hundred Eighty-five Dollars ($185.00)
One Hundred Seventy Dollars ($170.00)
One Hundred Sixty Dollars ($160.00)
for all services provided hereunder, excluding costs and expenses,
provided Retained Counsel may also bill at a lesser hourly rate for
the attorney services of legal professionals retained. All needed
secretarial and support staff services are included in said hourly
rates.
The City shall reimburse for any long-distance telephone
calls, facsimile costs, photocopying, filing fees, messenger fees,
mileage and ferry fees, on-line computer time and similar out-of-
pocket costs, excluding meals, seminar and convention fees, and
charges of a similar nature.
Retained Counsel shall submit regulam statements for related
work, describing the services rendered with a breakdown for work
completed as authorized under this Agreement. The City, upon
receipt of the completed statement, shall promptly process said
claim for payment.
4. RELATIONSHIP OF PARTIES: The pasties understand and agree
that Retained Counsel are attorneys skilled in matters pertaining
to the practice of law and will perform independent functions and
responsibilities in the area of their particular field of
PROFESSIONAL SERVICES AGREEMENT --1--
WILL~T.PSA ~ ~ A~TS 1 - 5/11/98
expertise. Retained Counsel and its personnel shall act as
independent contractors and not employees of the City. Within the
performance of these duties, Retained Counsel shall work under the
direction of the Breme~ton City Attorney.
5. INDUSTRIAL INSURANCE: Retained Counsel agrees to provide
for State industrial insurance coverage for its personnel as
required by State law.
6. LICENSE: Retained Counsel shall possess any regulatory
license required to fulfill Retained Counsel's obligations under
this Agreement.
7. INSURANCE AND HOLD HARMI,RSS: Prior to and during the
performance of the work covered by this Agreement, Retained Counsel
shall provide the Risk Manager for the City of Bremerton with
evidence that it has obtained and maintains in full force and
effect during the term o~ this Agreement a policy of professional
liability insurance, providing coverage of at least $500,000.00
against professional liability for errors and omissions in
connection with the work to be performed by Retained Counsel under
this Agreement. Risk Manager shall be pr_ovided thirty (30) days'
written notice of any cancellation of said professional liability
insurance.
Retained Counsel shall, at all times, be solely responsible
for the acts or failures to act of its personnel which occur or
arise in any way out of the performance of this agreement.
Retained Counsel agrees to save and hold the City, its personnel
and officials, harmless from all costs, expenses, losses, and
damages, including the cost of defense, incurred as a result of any
acts or omissions of Retained Counsel's personnel relating to the
performance of this agreement.
8. GENERAL COND I T IONS:
a. Reports and Information - Retained Counsel, at such times
and in such forms as the City may require, shall furnish the City
such reasonable periodic reports and documents as it may request
pertaining to the work or services undertaken pursuant to this
Agreement, the costs and obligations incurred or to be incurred in
connection therewith, and any other matters covered by this
Agreement. Retained Counsel will maintain accounting records in
accordance with generally accepted accounting principals and
practices to substantiate all invoiced amounts.
b. Entire Agreement - This Agreement constitutes the entire
agreement between the parties and both parties acknowledge that
PROFESSIONAL SERVICES AGREEMENT -2-
WI~. PSA - NN AGeS 1 -' 5/11/98
these are no other agseements, written or oral, that have not been
fully set forth in the text of this Agreement.
c. Amendments - The pasties hereby further agree that this
Agreement cannot be amended or modified without the written
concurrence of both pasties.
d. Notices - Any notices required to be given by the City to
Retained Counsel or by Retained Counsel to the City shall be in
writing and delivered to the parties at the following addresses:
City Clerk
239 Fourth St.
Bremerton, WA. 98337
Sheryl Willert
Williams, Kastner & Gibbs PLLC
P.O. Box 21926
Seattle, WA. 98111-6600
e. Waiver - Failure to insist upon strict compliance with any
terms, covenants or conditions of this Agreement shall not be
deemed a waiver of such, nor shall any waiver or relinquishment of
such right or powes at any time be taken to be a waiver of any
other breach.
f. Compliance with. State, Local and Federal Laws - Retained
Counsel agrees to comply with all applicable local, state and
federal, laws in perfosmance of all services under this Agreement.
g. Applicable Law; Venue - This Agreement shall be construed
and interpreted in accordance with the laws of the State of
Washington and, in the event of dispute, the venue of any action
brought_ hereunder shall be in Kitsap County Superior Court.
h. Attorney Fees - The substantially prevailing party in any
litigation arising hereunder shall be entitled to its reasonable
attorney's fees and court costs, including appeals, if any.
9. NONDISCRIMINATION: Retained Counsel shall not discriminate
in employment or services to the public on the basis of race,
color, national origin, sex, religion, age, marital status or
disability in employment or the provision of services.
10. TERMINATION: This Agreement may be terminated by either
party for convenience upon thirty (30) days written notice to the
other party, or for cause if either party fails substantially to
perform through no fault of the other and does not commence
correction within five (5) days of written notice and diligently
completes the correction thereafter. Upon such termination, City
will be entitled to reports showing the status of all matters upon
PROFESSIONAL SERVICES AGREEMENT -3-
WILLERT. PSA - NN AGMTS 1 - 5/11/98
which Retained Counsel is advising the City as of the effective
date of termination.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement the date and year indicated.
WILLIAMS, KASTNER & GIBBS PLLC
Date: BY:
SHERYL WILLERT
CITY OF BREMERTON
Date: BY:
A~PROVED AS TO FORM:
LYNN S. HORTON, Mayor
GLENNAMALANCA, Bremerton City Attorney
RECEIVED FOR FILING:
KATHLEEN L. McCLUSKEY, CLERK
PROFESSIONAL SERVICES AGREEMENT -4-
WTLT.~.~{T.PSA - NN AC-~M~S 1 - 5/11/98
PROFESSIONAL SERVICES AGREEMENT
Retained Counsel/Gottlieb Fisher & Andrews
THIS AGREEMENT is between the City of Bremerton, a municipal
corporation, (hereinafter referred to as "City") and the law firm
of Gottlieb Fisher & Andrews, (hereinafter referred to as "Retained
Counsel").
W I T N E S S E T H:
1. SCOPE: Retained Counsel agrees to provide bond counsel,
as described in Exhibit "A" and related legal services.
2. TEi~4: Contract shall commence on May 1, 1998, and will
continue until terminated, in writing, by either party.
3. COMPENSATION: City shall pay Retained Counsel as stated
in Exhibit "B" for all services provided hereunder, excluding costs
and expenses, provided Retained Counsel may also bill at a lesser
hourly rate for the attorney services of legal professionals
retained. Ail needed secretarial and support staff services are
included in said hourly rates.
The City shall reimburse for any long-distance telephone
calls, facsimile costs, photocopying, filing fees, messenger fees,
mileage and ferry fees, on-line computer time and similar out-of-
pocket costs, excluding meals, seminar and convention fees, and
charges of a similar nature.
Retained Bond Counsel services shall be paid from the proceeds
of the issue at the time of closing.
Retained Counsel shall submit regular statements for related
work, not including bond issues, describing the services rendered
with a breakdown for work completed as authorized under this
Agreement. The City, upon receipt of the completed statement,
shall promptly process said claim for payment.
4. RELATIONSHIP OF PARTIES: The parties understand and agree
that Retained Counsel are attorneys skilled in matters pertaining
to the practice of law and will perform independent functions and
responsibilities in the area of their particular field of
expertise. Retained Counsel and its personnel shall act as
independent contractors and not employees of the City. Within the
performance of these duties, Retained Counsel shall work under the
PROFESSIONAL SERVICES AGREEMENT --1--
ANDREWS.PSA - NN AGMTS 1 - 5/14/98
direction of the Bremerton City Treasurer for Bond Counsel services
and the Bremerton City Attorney for related work.
5. INDUSTRIAL INSURANCE: Retained Counsel agrees to provide
for State industrial insurance coverage for its personnel as
required by State law.
6. LICENSE: Retained Counsel shall possess any regulatory
license required to fulfill Retained Counsel's obligations under
this Agreement..
7. INSURANCE AND HOLD HARM~.RSS: Prior to and during the
performance of the work covered by this Agreement, Retained Counsel
shall provide the Risk Manager for the City of Bremerton with
evidence that it has obtained and maintains in full force and
effect during the term of this Agreement a policy of professional
liability insurance, providing coverage of at least $500,000.00
against pro~essional liability for errors and omissions in
connection with the work to be performed by Retained Counsel under
this Agreement. Risk Manager shall be provided thirty (30) days'
written notice of any cancellation of said professional liability
insurance.
Retained Counsel shall, at all times, be solely responsible
for the acts or failures to act of its personnel which occur or
arise in any way out of the performance of this agreement.
Retained Counsel agrees to save and hold the City, its personnel
and officials, harmless from all costs, expenses, losses, and
damages, including the cost of defense, incurred as a result of any
acts or omissions of Retained Counsel's personnel relating to the
performance of this agreement.
8. GENERAL CONDITIONS:
a. Reports and Information - Retained Counsel, at such times
and in such forms as the City may require, shall furnish the City
such reasonable periodic reports and documents as it may request
pertaining to the work or services undertaken pursuant to this
Agreement, the costs and obligations incurred or to be incurred in
connection therewith, and any other matters covered by this
Agreement. Retained Counsel will maintain accounting records in
accordance with generally accepted accounting principals and
practices to substantiate all invoiced amounts.
b. Entire Agreement - This Agreement constitutes the entire
agreement between the parties and both parties acknowledge that
there are no other agreements, written or oral, that have not been
fully set forth in the text of this Agreement.
PROFESSIONAL SERVICES AGREEMENT -2-
ANDREWS.PSA - NN AGMTS 1 - 5/14/98
c. Amendments - The parties hereby further agree that this
Agreement cannot be amended or modified without the written
concurrence of both parties.
d. Notices - Any notices required to be given by the City to
Retained Counsel or by Retained Counsel to the City shall be in
writing and delivered to the parties at the following addresses:
City Clerk
239 Foumth St.
Bremerton, WA. 98337
Judy Andrews
Gottlieb Fisher & Amdrews
1325 Fourth Avenue, Suite 1200
Seattle, WA. 98101-2509
e. Waiver - Failure to insist upon strict compliance with any
terms, covenants or conditions of this Agreement shall not be
deemed a waiver of such, nor shall any waiver or relinquishment of
such right or power at any time be taken to be a waiver of any
other breach.
f. Compliance with State, Local and Federal Laws -
Retained Counsel agrees to comply with all applicable local, state
and federal laws in performance of all services under this
Agreement.
g. Applicable Law; Venue - This Agmeement shall be construed
and interpreted in accordance with the laws of the State of
Washington and, in the event of dispute, the venue of any action
brought hereunder shall be in Kitsap County Superior Court.
h. Attorney Fees - The substantially prevailing party in any
litigation arising hereunder shall be entitled to its reasonable
attorney's fees and court costs, including appeals, if any.
9. NONDISCRIMINATION: Retained Counsel shall not
discriminate in employment or services to the public on the basis
of race, color, national origin, sex, religion, age, marital status
or disability in employment or the provision of services.
10. TEPR~INATION: This Agreement may be terminated by either
party for convenience upon thirty (30) days written notice to the
other party, or for cause if either party fails substantially to
perform through no fault of the other and does not commence
correction within five (5) days of written notice and diligently
completes the correction thereafter. Upon such termination, City
will be entitled to reports showing the status of all matters upon
which Retained Counsel is advising the City as of the effective
PROFESSIONAL SERVICES AGREEMENT -3-
~DREWS. PSk- NN AGeS 1 - 5/14/98
date of termination.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement the date and year indicated.
GOTTLIEB FISHER & ANDREWS
Date: BY:
JUDY ANDREWS
CITY OF BREMERTON
Date: BY:
APPROVED AS TO FORM:
LYNN S. HORTON, Mayor
GLENNAMALA/qCA, Bremerton City Attorney
RECEIVED FOR FILING:
]CZ~.~MT~mN Lz McCLUSKEY~ CLERK
PROFESSIONAL SERVICES AGREEMENT -4-
ANDREWS.~SA - NN AGMTS 1 - 5/14/98
EXHIBIT NO. "_
SCOPE OF WORK
Provide written and oral instructions and advice to the City covering the procedural and legal
requirements for the financing, as recluestet~
Coordinate with the appropriate City officials and agents, and attend meetings as requested and
consult with the City's undexwfiters and other consultants, as requested.
lh-epare the resolution, notices and other documents necessapy for the timely issuance and sale
of'an .issue of bonds.
Review and assist in the negotiation of purchase contracts, and revi~,, plm. llminsry axial ~
official statements to ensure that the documents are complete and accurate concerning
lxocedural and legal martin's (but not rmd~r a "due diligence" opinion).
Aasist the City in understanding and meeting its ~ offering di~losuxe obligations with
respect to a bond issue under SEC Rule 15c~- 12.
Provide the legal opinions regarding the due authorimtion and validity of a bond issue and ks
tax-exempt status.
Prepare form 8038-G information reports required by the Internal Revenue Service and
certifications of City ottieiais relative to a~bitrage restrictions and rebate.
If'bonds will not be printed, prepare bonds and arrange for execution by appropriate City
officials. If bonds will be printed, review bond proofs to ensure accuracy and arrange for
execution of printed bonds by facsimile signature.
Preside over bond dosing and prepare all final dosing documents.
Afle~ delivery of the bonds, provide bound copies of ali certificates, resolution ami affidavits
associated with the bond sale.
EXHIBIT NO." _"
~Proposed Fees for Bond Counsel and As~o.ciated Services
to the C. itv of Bremerton
A. General Obligation Bond Base Fee Schedule, Per Issue:
[ssue Size
$0- $10,000,000
$10,000,001 - $ 20,000,00O
$20,000,00! - $ $0,000,000
$50,00o,o01 - $~ 00,00o,ooo
Over $100,000.000
Tax Exempt G.O. Bonds
$ 4,5OO plus
$ 9,5OO plus
$14,000 plus
524,500 plus
$39,500 plus
Amount/S1,000 over M-mimum
50~/$1,000 over $ 0
45¢/$1,000 over $ I0,000,000
35~J$I,000 over $ 20,000,000
30ff$1,000 overs 50,000,000
25¢/$1,000 over $100,000,000
B, Adj~tment~, Per I~sue:
(1) Special ~eat Bonds
(2) Kc-venue Bonds
(3) lnterim fmanchag, Bond
A~ticipation Notes
TaxAntidpation Notes
(5) Negotiated Sale
(6) Refunding Issue
(7) Taxable Issue
(8) Other Cmsured, credit
enhancements, variable
rate~ etc.)
I00% of G.O. Bond base fee
133% ofG. O. Bond base fee (~Revenue Bond base fee")
50% ofG. O. Bond base fee ifG. O. BANs or Special A~-~meut
BANs; 50% of Reve~e Bond base fee ifreveaue BANs
67% ofG. O. Bond base fee
No ~xtra charge
No extra charge for current tel:reading not invo[vix~ escro~c,
125% ofG. O. Bond ba~e fee ifG. O. Bond or Special
Assc~,~ent Bond advaa~ rafundin~ 125% of Revenue Bond
base fee ifRevenue Bond advance refimfling
67% ofG. O. Bond base fee
(a) Bond insurance-~o extra charge
(b) Other credit enhancemera or liquidity facility, or single
interest ra~ mode "put" bor~ without liquidity facality--
133% ofapplicabh G.O. Bond or Revenue Bond base fee
(c) Variable rate bonds:
(~) single variable rate mode---no extra charge,
('n~) two or more variable rate modes: 150% of applicable
G.O. Bond or Revenue Bond base fee
(d) Bonds invotving"derivaive products" (e.g., "swap"
agreemeats, inverse"floaters," etc.): 150°/0 ofbase fee
Ir'two or more of these adjustments can be applied to the same debt issue (e.g., for an advance
refunding backed by a letter of credit), we would apply the adjustment resulting in the highest fee.
OTHER LEGAL WORK IS BILLED AT $160 PER ATTORNEY HOUR.
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Ordinance amending BMC Section
6.04.066 to include recovery of administrative fees for
garbage abatements.
FOR AGENDA OF: Maya 1998
ORIGINATING DEPT.: Buildin~ Dept.
ORIGINATOR: Judy Johnson ~
DATE SUBMITTED:
2. CLEARANCES: (Comment on back if 3.
necessary.)
~ity Clerk.
C--~:~ty Attorney:
~--~'Fiscai/Budget Comm./:
Operations EDam:
EXHIBITS:
1. Ordinance #
ENDORSEMENT ~__ INFORMATION w APPROVED BY COUNCIL PRES~ENT FOR, SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
RCW ;}5.22.320 allows the City to abate garbage and debris on private property and assess
abatement costs as a lien against~p~rivate property. Part of the cost of abatement is the cost of staff time
to perform the garbage abateme, n.t .~ess, including inspections, letters, posting, and publishing notices.
Approval of this ordinance would place~.the burden of these costs on the violators.
·
RECOMMENDATION:
It is recommended Hiat Council, by Ordinance # '~ , allow administrative fees, as set by
resolution, to be collected for garbage abatement actions.
9. RESPONSIBLE OFFICIAL: Judy Johnson
ENFORCEMENT OFFICIAL: Judy Johnson
EXPIRATION DATE: N/A
REVIEW DATE: N/A
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
__ APPROVED DISAPPROVED AMENDED
DATE:
11. AGENDA BILL NO.:
2. CLEARANCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
The taxpayers of the City would pay the administrative costs incurred for garbage abatement on
private property.
6. IMPACT ON'STAFFInG, ~B~DG~T~.?-FACILITIES. EQUIPMENT OR OTHER .RESOURCES:
The City's revolving abatement fund would suffer the deficit of not collecting these funds.
7. RESEARCH SOURCES:
N/A
ORDINANCE NO.
An ordinance amending BMC 6.04.066 to include recovery of
administrative costs.
WItEREAS, RCW 35.22.320 allows the City to abate garbage and debris on private property
and assess abatement costs as a lien against private property; now therefore,
The City of Bremerton Does Ordain:
Section 1. Amendment. Section 6.04.066 of the Bremerton Municipal code is hereby amended
to read as follows:
(a) Account of Expense.
The Building Official shall keep an itemized account of expense incurred for the removal
of rubbish or garbage from a property and the administrative costs incidental to abatement as set
by council resolution. Upon completion of the work, the Building Official shall prepare and file
with the City Clerk, a report specifying the work done, the itemized total cost of the work,
including administrative charge, a description of the property upon which garbage or rubbish was
removed, and the name and addresses of the owner or agent, and occupant or tenant if known.
APPROVED by the City Council of the City of Bremerton this
1998.
day of
PASSED by the City Council of the City of Bremerton this
day of
,1998.
DAVID FARR, Council President
APPROVED this
day of
, 1998.
ATTEST:
LYNN HORTON, Mayor
PAULA JOHNSTON, Deputy City Clerk
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Ordinance amending BMC Section
9.14.050 to include recovery of administrative fees for
weed abatements.
FOR AGENDA OF: Mav-2~ 1998
ORIGINAThNG DEPT.: Building Dept.
ORIGINATOR: Judy Johnson ~
DATE SUBMITTED:
2. CLEARANCES: .(Comment on back if 3.
necessary)
~ ~C~t~ Clerk?
(~ty Attorney: _~..~~ _
~ x]~iscal/Budget Co~m/.:.
Operations Comm:
ENDORSEMENT X ~FO~TION
EXHIBITS:
1. Ordinance # '~ ~-~7
APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
RCW 35.21.310 allows the City to abate vegetation which is a fire hazard or public nuisance and
assess abatement costs as a lien against private property. Part of the cost of abatement is the cost of staff
time to perform the weed abatement process, including inspections, letters, posting, and publishing
notices. Approval of this ordinance would place the burden of these costs on the violators.
RECO_MI~I_ ENDATION: ~v'~c~
It is recommended that Council, by Ordinance # ~,~.'7, allow administrative fees, as set by
resolution, to be collected for weed abatement actions.
9. RESPONSIBLE OFFICIAL: Judy Johnson
ENFORCEMENT OFFICIAL: Judy Johnson
EXPIRATION DATE: N/A
REVIEW DATE: N/A
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED ~ DISAPPROVED ~ AMENDED
DATE:
11. AGENDA BILL NO.:
2. CLEARANCE COMMENTS:
IMPACT OF NON-PASSAGE:
The taxpayers of the City would pay the costs incurred for weed abatement on private property.
IMPACT ON STAFFING, BUDG. E~S, .F~CILITIES, EQUIPMENT OR OT. HFJR Rg~A)URCl~S:
The City's revolving abatement fund would suffer the deficit of not collecting these funds.
RESEARCH SOURCES:
N/A
ORDINANCE NO. -~
An ordinance amending BMC 9.14.050 to include recovery of
administrative costs.
WHEREAS, RCW 35.21.310 allows the City to abate vegetation which is a fire hazard or public
nuisance and assess abatement costs as a lien against private property; and
WHEREAS, BMC 9.14.050 makes reference to Chapter 113, Laws of Washington, 1949, a prior
enactment, rather than the current RCW 35.21.310, and the most current reference should be
utilized by the City; now therefore,
The City of Bremerton Does Ordain:
Section 1. Amendment. Section 9.14.050 of the Bremerton Municipal code is hereby amended
to read as follows:
That whenever, at%r authorization by resolution of the city council, any trees, plants,
shrubs or vegetation, or parts thereof, are removed or destroyed, the department causing the
removal or destruction thereof shall keep an accurate record of the necessary costs, including
administrative charge, and shall become a charge against the owner and a lien against the property
as authorized by r~,~..,.v,~. 1 ~,J ~ ~..~c~,,~ t ~.. ...... v,~T~:~.~. ~ c~ . .
............ ~....,, .... RCW 35 21 310~ as now or
hereafter amended.
APPROVED by the City Council of the City of Bremerton this
1998.
day of
PASSED by the City Council of the City of Bremerton this
day of
, 1998.
DAVID FARR, Council President
APPROVED this
day of
, 1998.
ATTEST:
LYNN HORTON, Mayor
PAULA JOHNSTON, Deputy City Clerk
1. SUBJECT: ORDINANCE NO.
AMENDING THE lgg8 BUDGET
AGENDA BILL
BREMERTON CITY COUNCil
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
05/27/98
R. Ha~
2. CLEARANC~{~ C_omment,~f back if necessary)
3. EXHIBITS:
Proposed Ordinance
Summary of Adjustments
Budget Adjustments #98-1 thru #98-20
ENDORSEMENTS ~ INFORMATION
APPROVED BY COUNCIL PR~DEN ,T~OR SUBMITTAL:
COUNCIL PRESIDENT
4, SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Numerous events have'occurred since passage of the City's 1998 budget which require adjustment so that the budget
continue to accurately reflect the financial operating plans of the City. Passage of the proposed ordinance will incorpo
the changes identified to date.
RECOMMENDATION:
Motion to approve the ordinance amending the budget on first reading.
Motion to pass Ordinance No. ~ on second reading.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
Treasurer
,, Mayor
12/31/98
N/A
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
AMENDE~
11. AGENDA BILL NO:
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
The City's budget will not be consistent with the several adjustments which have occurred to date. Departments will
lack necessary expenditure to carry out several contracts and projects which have been previously approved,
6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES:
As indicated on the attached documents.
7. RESEARCH SOURCES:
Budget adjustments processed to date for 1998.
ORDINANCE NO.
AN ORDINANCE amending Ordinance No. 4615
relating to the budget of the City of Bremerton for Fiscal Year 1998
THE CITY OF BREMERTON DOES ORDAIN:
SECTION 1: Section 1 of Ordinance No. 4615 is hereby amended as follows: That the financial
budget for the City of Bremerton, to with: "Official Budget for the year 1998, City of Bremerton", now on file in the
office of the City Clerk of the City of Bremerton, be and the same is hereby approved and adopted, and the respective
amounts provided for in said budget for the several funds of the City of Bremerton, be and the same are hereby fixed and
adopted as follows:
FUND#
001
101
102
103
104
105
106
108
109
110
112
201
307
401
407
451
481
503
510
601
621
622
623
624
ESTIMATED REVENUES AND EXPENDITURES FOR THE YEAR 1998
GRAND TOTAL ESTIMATED REVENUES AND EXPENDITURES:
DESCRIFrION AMOUNT
General ............................................................................. $22, ! 16,127
Arterial Street ..................................................................... 14,217,510
Street .................................................................................... 1,923,~9
Contingency Reserve ............................................................... 743,000
Civic Improvement/Stadium ...................................................... 95,~
Parking System Revenue ......................................................... 690,073
Community Development Block Grant .................................. 2,349,365
Abatement Revolving Fund ....................................................... 67,500
Real Estate Transfer Tax ......................................................... ~72,~27
Police Special Projects ............................................................... 68,200
Parks Facility Construction ..................................................... ~
Bond Fund ............................................................................ 1,097, 919
Fire Department Capital .......................................................... 208,500
Water Operating ................................................................. 15,601,240
Municipal Golf Course .......................................................... 3,021,800
Wastewater Operating ......................................................... 13,105,050
Stormwater Operating ...................................................... 1,469,730
Risk Management ................................................................. 2,352,700
Equipment Rental Reserve .................................................... 2,122,219
Cemetery Perpetual Care ......................................................... 128,000
Local Improvement District Guaranty ....................................... 50,000
Roesevelt Capital Asset ........................................................... 726,000
Gift and Donation Fund ............................................................ 40,229
Employee Medical Insurance Reserve ...................................... 390,000
$$5/.27,225
23,214,777
1,979,750
115,000
490,927
391,546
3,141,319
$85,660,135
Of the total revenue, the sum of $5,414,897 is the estimated mount to be received from a $4.0685 levy
per $1,000 of assessed valuation of all property within the city limits of the City of Bremerton as set forth in Ordinance
No. 4613.
APPROVED by the City Council on the first reading this
day of May, 1998.
PASSED by the City Council of the City of Bremerton, signed by the Mayor and attested by the City
Clerk in authentication of such passage this day of June, 1998.
DAVID FARR, Council President
APPROVED this
day of June, 1998
LYNN HORTON, Mayor
ATrEST:
KATHY MCCLUSKEY, City Clerk
EFFECTIVE DATE:
PUBLISHED:
ORDINANCE NO:
1998 AMENDING ORDINANCE NO. 1
SUMMARY OF BUDGET ADJUSTMENTS
001 GENERAL
101 ARTERIAL STREET
102 STREET
103 CONTINGENCY RESERVE
104 CIVIC IMPROVEMENT/STADIUM
105 PARKING SYSTEM REVENUE
106 COMMUNITY DEVELOPMENT BLOCK GRANT
108 ABATEMENT REVOLVING FUND
109 REAL ESTATE TRANSFER TAX
110 POLICE SPECIAL PROJECTS
112 PARKS FACILITY CONSTRUCTION
201 BOND FUND
307 FIRE DEPARTMENT CAPITAL
401 WATER OPERATING
407 MUNICIPAL GOLF COURSE
451 WASTEWATER OPERATING
481 STORMWATER OPERATING
503 RISK MANAGEMENT
510 EQUIPMENT RENTAL RESERVE
601 CEMETERY PERPETUAL CARE
621 LOCAL IMPROVEMENT DISTRICT GUARANTY
622 ROOSEVELT CAPITAL ASSET
623 GIFT AND DONATION FUND
624 EMPLOYEE MEDICAL INSURANCE RES.
TOTAL
CURRENT
1998 BUDGET
23,116,127
14,217,510
1,923,000
743,000
95,000
690,073
2,349,365
67,500
472,427
68,200
381,546
1,097,919
208,500
15,601,240
3,021,800
13,105,050
1,469,730
2,352,700
3,122,319
128,000
50,000
726,000
40,229
390,000
$85,437,235
NET
ADJUSTMENTS
$98,650
56,750
20,000
18,500
10,000
19,000
$222,900
AMENDED
BUDGET
23,214,777
14,217,510
1,979,750
743,000
115,000
690,073
2,349,365
67,500
490,927
68,200
391,546
1,097,919
208,500
15,601,240
3,021,800
13,105,050
1,469,730
2,352,700
3,141,319
128,000
50,000
726,000
40,229
390,000
$85,660,135
Requesting Department: Personnel
r Approval Authority Required:
r-'~Treasurer
CITY OF BREMERTON -
BUDGET ADJUSTMENT REQUEST
Adjustment Number:
98-1
SOURCE OF FUNDS:
Increase Beginning Cash
Mayor
31,000
Fiscal & Budget
USE OF FUNDS:
Increase Personnel Cost
r~c°uncil I
Amount
31,000
N~hRfRsAa~ljuVsE~ment will add one Office Assistant Senior position to the Hur/~
cost of that position from March 1, 1~8. '
'Mayor Comments: (~X~, ~ /~re~rer's Si~lnature
Fiscal & Budget Cor~mittee Comments:
~ources Dept. and provide for the
Date
Date
Date
Recommended r----] Not Recommended
Approved ~ Denied
Fiscal & Budget Committee Signature
Date
Requesting Department:
CITY OF BREMERTON ._
BUDGET ADJUSTMENT REQUEST
Engineering Adjustment Number:
98-2
I Approval Authority Required:
[--~Treasurer
SOURCE OF FUNDS:
Reduce:
Supplies & Services
r'~Mayor
Amount
9,000
r'- Fiscal & Budget
USE OF FUNDS:
Descriotion
Increase:
Computer capital
[-'~Council
Amount
9,000
NARRATIVE:
The current Engineering Dept. budget includes $30,000 for GIS mapping. AIl~ of the money was
budgeted as supplies & services, $9,000 of this needs to be redesignated as capital to permit purchase
of two computers to perform the necessary work.
Department Head Si~lnature
Treasurer Comments:
Date Director Si~lnature Date
r~:~' Recommended [---'"] Not Recommended ,"~/1~
Treasurer's Si~lnature ~ D~te
Mayor Comments:
Recommended ~ Not Recommended
Approved ~ Denied (~. ~-- _~'~.//~
Mayor's Si~lnature D~te ~
Fiscal & Budget Committee Comments:
Approved ~ Denied ~
' & Budget Commit~e Signature Date
CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
Requesting Department: Equipment Rental
I Approval Authority Required:
r-~Treasurer
Adjustment Number:
98-3
SOURCE OF FUNDS:
Miscel!aneous Capital Budget
Risk Management
r~Ma¥or
13,000
4.000
17,000
r-Fiscal & Budget
USE OF FUNDS:
Replacement AJC Truck
r-]council
Amount
17,000
NARRATIVE:
Truck No. 1058, a 1990 pickup, was destroyed in an accident. This adjustment will authorize
its replacement from current appropriations in the Equipment Rental Fund and from Risk Management.
Date Director Sign at u r e('re~-"~"~ Date
,Department Head sign~tur~
Treasurer Comments:
[--'-/~Recommended ~
Mayor Comments:
Not Recommended
Treasurer's Signature
Date
.[~ Recommended ~
I--I I----I
Not Recommended
Denied
Fiscal & Budget Committee Comments:
ayor s Signature
Date
[~ Approved
Denied
Fiscal & Budget Committeev~gnature- Date
CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
Requesting Department: Administrative Services
Adjustment Number:
I Approval Authority Required:
N Treasurer
98-4
SOURCE OF FUNDS:
Descriotion
Delete:
Office Asst. I Position
r-]Mayor
Amour~t
Fiscal & Budget
USE OF FUNDS:
Add:
Accounting Asst. I
Position
["~Council
Amoul3t
NARRATIVE:
This adjustment will provide for the reclassification of one position in Administrative Services
from Office Asst. I to Accounting Asst. I. The adjustment will be funded from current appropriations.
Department Head Signature
Treasurer Comments:
Date Director Signature Date
.j~~ecommended ~
Mayor Comments:
Not Recommended
Treasurer's Si~lnature ~-
r'~ Recommended
Not Recommended
Denied
Fiscal & Budget Committee Comments:
Mayor's Signature
Date
Approved ~ Denied
Fiscal &-Budget Committee Signature Date
Requesting Department: Legal
CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
Adjustment Number:
I Approval Authority Required:
r-~Treasurer
98-5
SOURCE OF FUNDS:
Descriotion
["]Mayor r"
Amount
Decrease:
Supplies & Services 21,250
Fiscal & Budget
r--~Council
USE OF FUNDS:
~ Amount
Increase:
Personnel Costs 21,250
Increase Asst. City Attorney II position to 1.0 FTE
effective April 1, 1998.
NARRATIVE:
This adjustment authorizes the increase of an Assistant City Attorney II position from .5 FTE to 1.0 FTE
effective April 1, 1998 and moves coresponding expenditure authority from profeSSional services to
personnel within the department's budget.
e~part~llent H'ea'd Si~lnature Date
Treasurer Comments:
Director Signature
Date
~Recommended r-~
Mayor Comments:
Not Recommended
Treasurer's Si~lnature ~ D/atet
Recommended ~ Not Recommended
Approved r-~ Denied
Fiscal & Budget Committee Comments:
Mayor's Signature
Date
[~ Approved ~ Denied
Fiscal~_~.& Budget Co~ittT~g natu~/~ (~'--Dat~ ~
CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
Requesting Department: POLICE PROJECTS FUND Adjustment Number:
I APproval Authority Required:
~']mreasurer
r"~Ma¥or
Fiscal & Budget
98-6
[~Council
SOURCE OF FUNDS:
Reduce:
Ending Cash 7,000
$40,200
Remaining Ending Cash =
USE OF FUNDS:
Increase:
Capital 7,000
NARRATIVE:
The copy machine used by the SOG unit has failed. This adju~ will permit its replacement.
\/ /,
Department Head Signature Date ,X~)_ ir~_t or'~l~ n at u re Date
Treasurer Comments:
["----] Recommended ~ Not Re~~e~ed...~
~reasurer's Signature Date
Mayor Comments:
~ Recommended ~ Not~co~mmended
[-'--] Approved D~ied
Mayor's Si~lnature Date
Fiscal & Budget Committee Comments:
Approved ~ Denied
Fiscal & Budget Committee Signature
Date
Requesting Department:
CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
PARK FACILITIES FUND
Adjustment Number:
98-7
Approval Authority Required:
N Treasurer
SOURCE OF FUNDS:
Increase:
Grant from Kitsap County
[-'~Mayor r-
Amount
1 o,ooo
Fiscal & Budget
r~l Council
USE OF FUNDS:
Increase:
Capital 10,000
NARRATIVE:
This adjustment will provide for the construction of a composting facility with funding from Kitsap County.
Department Head Signature
Treasurer Comments:
Date
Reco'mmended
["---'~ Not Recommend~ ~_ ~///~
Treasurer's Si~nature~-----.~_ Date-(
Mayor Comments:
Recommended r'-'-] Not Recommended
Approved ~ Denied
Fiscal & Budget Committee Comments:
Mayor's Signature
Date
Approved ~ Denied
Requesting Department:
CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
STREET FUND
Adjustment Number:
98-8
IApprovai Authority Required:
~--~Treasurer
SOURCE OF FUNDS:
~-']Mayor
Increase:
Beginning Cash 56,750
Fiscal & Budget
USE OF FUNDS:
Increase:
Supplies & Services
Capital
[-'"'~Council
18,750
56,750
NARRATIVE:
This adjustment will permit the use of beginning cash in excess of original estimates to be used for additional
asphalt paving and for the conversion of traffic signals to LED displays.
Dep~ture
Treasurer Comments:
Director Signature
Date
,~Recommended ~
Mayor Comments:
Not Recommended
Treasurer's Signature ~'-----
D~te
[~ Recommended [--~ Not Recommended
['----I Approved [--'--I Denied
Ma~(or's Si~lnature Date
Fiscal & Budget Committee Comments:
Approved ~ Denied
Fiscal & Budget Commit~d'e/Signature Date
Requesting Department:
CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
ADMINISTRATIVE SERVICES Adjustment Number:
98-9
Approval Authority Required:
~-~Treasurer
SOURCE OF FUNDS:
Mayor
Increase:
BKAT Revenues 25,000
Fiscal & Budget
~X~Council
USE OF FUNDS:
Increase:
Supplies & Services 5,000
Capital 20,000
NARRATIVE:
SEE ATTACHED
Department Head Si~lnature
Treasurer Comments:
Date
Director Signature
Date
Recommended r'---] Not Recommended
Mayor Comments:
Treasurer's Signat~r~e-'~ ~
Date
Recommended ~ Not Recommended
Approved ~ Denied
Fiscal & Budget Committee Comments:
Mayor's Signature
Date
[-~"Approved ~ Denied
FiscalT? & Budget Comn~tee. ~/~Sigh'ature ~/'~:~ ~)~ ~D~te
CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
Requesting Department: FIRE DEPT.
Adjustment Number:
I Approval Authority Required:
N Treasurer
98-10
SOURCE OF FUNDS:
r"~May°r r-
Amount
Increase:
Beginning Cash 21,500
Fiscal & Budget
~-~Council
USE OF FUNDS:
Increase:
Personnel 21,500
NARRATIVE:
This adjustment will add an Office Assistant I position to the Fire Department effective May 1 and appropriate
funding necessary to fill the position.
Dep~rtment Heac~ Signature
Treasurer Comments:
Date Director Signature Date
r-~ Recommended ~-'-'-~ Not Recommended ~-~
Treasurer's ~nature~-~ D~te -
Mayor Comments:
Recommended ~ Not Recommended
Approved r'~ Denied
Mayor's Sicjnature Date
Fiscal & Budget Committee Comments:
,['~. Approved
Denied
F I B
isca & udget Committe~Signatu?e Date
Requesting Department:
IApproval Authq~rity Required:
r'-lmreasure~
SOURCE OF FUNDS:
CITY OF REMERTON
BUDGET ADJUSTMENT REQUEST
REAL ESTATE EXCISE TAX
FIMay°r I'-
Amount
Adjustment Number:
Increase:
Beginning Cash 48,500
Fiscal & Budget
USE OF FUNDS:
98-11
[-'-XlCouncil
Increase:
Capital 48,500
NARRATIVE:
This adjustment will provide expenditure authority for work by the consultant on Smith Cove soils
which was expected to be paid in 1997. The scope of the contract has not changed, rather this is a matter
of timing where expenses which were expected in 1997 weren't paid until 1998.
Date
Department Head Si~lnature
Treasurer Comments:
Dire~ '
~~ecommended
r----] Not Recommended
Treasurer's Si--~ n at u r~"~'-~ Date
Mayor Comments:
r~ Recommended
/ ·
Not Recommended
Denied
Fiscal & Budget Committee Comments:
Mayor's Si~lnature Date
r---~Approved
Denied
Date
Requesting Department: PARKS DEPT.
I Approval Authority Required:
r~Treasurer
CITY OF BREMERTON _
BUDGET ADJUSTMENT REQUEST
Adjustment Number:
98-12
SOURCE OF FUNDS:
r"~Mayor
Amoun~
Increase:
DNR Grant 15,000
r- Fiscal & Budget
USE OF FUNDS:
r")'~Council
Tree Program 15,000
NARRATIVE:
This adjustment will provide for the City's acceptance of a grant from the State DNR to continue the street tree
Department Head Si~lnature
Treasurer Comments:
Date
Treasurer's Signature
Mayor Comments:
Recommended [--"-] Not Recommended
~'~ Approved ~ DeniedM~'yor'~s
Si~lnature
Fiscal & Budget Committee Comments:
Date
,~'~Approved
r--1 Denied
- ' udget Commi~ Signatu'b'~ Date
CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
Requesting Department: EQUIPMENT RENTAL
Adjustment Number:
I Appr~al Authority Required:
~ ITreasurer
98-13
SOURCE OF FUNDS:
r']Mayor
Amount
Decrease:
Ending Cash 25,500
r- Fiscal & Budget
USE OF FUNDS:
Increase:
Vehicle Purchase
['""'~Council
25,500
NARRATIVE:
This adjustment will permit the use of excess reserves from several Park Dept. vehicles replaced in 1997
to replace two over-age Park Dept. vehicles which are not covered by the Equipment Rental program.
Department Head Signature
Treasurer Comments:
Date
/ ~rector Signature./ Date/
Recommended
Not Recommended
Mayor Comments:
Treasurer's Si{]natur--~--'~~
~--1 Recommended r'~
Not Recommended
Denied
Fiscal & Budget Committee Comments:
Mayor's Signature Date
r-~ Approved
F'--'] Denied
Requesting Department:
CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
RISK MANAGEMENT FUND Adjustment Number:
98-14
IApproval Authority Required:
NTreasurer
SOURCE OF FUNDS:
I-'lMayor
Decrease:
Ending Cash 650,000
r" Fiscal & Budget
USE OF FUNDS:
Increase:
Claim Settlements
I~C°uncil I
650,0OO
NARRATIVE:
Recent litigation has exhausted the expenditure authority authorized in the 1998 budget.
This adjustment will provide authority needed for the balance of the year.
Department Head Signature
Treasurer Comments:
Date
Dir~ct(~r Signet ure(atu-~re'~
Date
~'-~Recommended ~
Mayor Comments:
Not Recommended
Treasurer's Sign at ur"e-....
Recommended ~
Approved r'~
Not Recommended
Denied
Fiscal & Budget Committee Comments:
Mayor's Signature
Date
~ Approved
Denied
" dget commitS; Si~'ha{/ure
Date
Requesting Department:
IApproval Authority Required:
I l-ITreasurer
SOURCE OF FUNDS:
CITY OF BREMERTON -
BUDGET ADJUSTMENT REOUEST
EOUIPMENT RENTAL Adjustment Number:
r"lMa¥°r r-
Amount
Reduce:
Ending Cash 135,000
98-15
Increase:
Trade-In
150,000
Fiscal & Bud~let
USE OF FUNDS:
Increase:
Equipment Purchase
["~Council
150,000
NARRATIVE:
This adjustment will permit replacement of the street sweeper used by the Stormwater Utility.
The current sweeper is a 1992 model and is at the end of its useful life.
Department Head Si~lnature
Treasurer Comments:
Date
Director Si~lnature
Date
~mended
Not Recommended
Mayor Comments:
Treasurer's Si~l atu e ~
Date '
Recommended r-"-] Not Recommended
Approved ~ Denied
Fiscal & Budget Committee Comments:
~a'yor's Signature
D/at~'
[---"~~Approved
['---] Denied
'scal & Budget Commit~ Signature Date
Requesting Department: UTILITIES
I Approval Authority Required:
N Treasurer
CITY OF BREMERTON -,
BUDGET ADJUSTMENT REQUEST
Adjustment Number:
98-16
SOURCE OF FUNDS:
Delete:
WWTP Maintenance Tech.
Serv. Specialist Sr.
r-] Mayor ['-
Fiscal & Budget
USE OF FUNDS:
Add:
CMMS Tech.
WWTP Operator
Office Asst.
r--~ Council
NARRATIVE:
This adjustment adds three positions and deletes two others from those currently authorized. There is
no net change in expenditure authority however there is some reallocation within the Water Fund
for the change in biosolids handling.
Department Head Signature
Treasurer Comments:
Date Director Signature Date
r----] Recommended
Mayor Comments:
Not Recommende~l:':-: .... '~
Treasurer'- - -
Recommended r---]
Not Recommended
Denied
Fiscal & Budget Committee Comments:
Mayor's Signature
Approved r---] Denied
Date
Requesting Department: PARK DEPT.
I Approval Authority Required:
nTreasurer
CITY OF BREMERTON _
BUDGET ADJUSTMENT REQUEST
Adjustment Number:
98-17
SOURCE OF FUNDS:
Reduce:
One Rec. Program Co-Ord. I
~--~Mayor F
Amount
Position
Fiscal & Budget
USE OF FUNDS:
r~Council
Increase:
One Rec. Program Co-Ord. II Position
NARRATIVE:
This adjustment will change the authorized staffing of the Parks Dept. by upgrading one position.
The change is proposed after a position review by the Civil Service Officer.
No additional expenditure authority is requested.
Department Head Signature
Treasurer Comments:
Date
Director Signature
Date
Recommended ~ Not Recommended
Mayor Comments:
Treasurer's Signature
Date
~ Recommended r-~ Not Recommended
/~-'] Approved ~ Denied ~'. ~_
Fiscal & Budget Committee Comments:
Mayor's Signature
Date
~'~]c- Approved
Denied
get Comm~tee Sign'a~ure
Date
Requesting Department:
-CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
PARK DEPT. Adjustment Number:
98-18
Approval Authority Required:
-'lTreasurer
SOURCE OF FUNDS:
Description
r-"] Mayor
Amount
Increase:
BHA Contract 3,500
Kitsap County Contract 8,000
CDBG Funding 5.650
17,150
F- Fiscal & Budget
USE OF FUNDS:
Increase:
Playground Express
Camp Sparky
Council
Amount
12,150
5.000
17,150
NARRATIVE:
This adjustment will increase the expenditure authority in the Park Dept. to provide for expanded program services
possible through additional program revenues.
Department Head Signature
Treasurer Comments:
Date Director Signature Date
Recommended ~ Not Recommended
Treasurer's Signature
Date
Mayor Comments:
~ Recommended ~ Not Recommended
./
Mayor's Signature
Date
Fiscal & Budget Committee Comments:
Approved
Denied
Fiscal & Budget Committee ~nature ~
Date
CITY OF BREMERTON -,
BUDGET ADJUSTMENT REQUEST
Requesting Department: GENERAL / CIVIC IMP. Adjustment Number:
IApproval Authority Required:
r-]Treasurer I--~May°r r-
98-19
SOURCE OF FUNDS:
CIVIC IMP
INCREASE:
RECEIPT OF LOAN
GENERAL FUND
INCREASE:
RECEIPT OF REPAYMENT
20,000
20,000
Fiscal & Bud~let
USE OF FUNDS:
INCREASE:
REPAYMENT OF LOAN
INCREASE:
ISSUE LOAN
r-x']council
Amount
20,000
20,000
NARRATIVE:
This adjustment will provide budgetary capacity for an interfund loan from the General Fund to the Civic
Improvement Fund to finance a short term cash flow deficit.
Department Head Signature
Treasurer Comments:
Date Director Signature Date
Recommended [-~ Not Recommended
Mayor Comments:
Treasurer's Sicjnature
Date
Recommended r-~ Not Recommended
Mayor's Si~lnature
Fiscal & Budget Committee Comments:
Date
Date
Requesting Department: POLICE
I Approval Authority Required:
--]Treasurer
CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
Adjustment Number:
98-20
SOURCE OF FUNDS:
[-~Mayor F
Amount
Reduce:
Kitsap County Jail 38,065
Fiscal & Budget
~--~Council
USE OF FUNDS:
D_e. scd.Qt[o.Q Amount
Increase:
Home Detention Program
38,065
NARRATIVE:
This adjustment will provide expenditure authority to carry out a home detention program utilizing electronic
monitoring devices. The cost of the program will be paid from current appropriations designated for prisoners
at Kitsap County Jail.
Department Head Signature
Treasurer Comments:
Date Director Signature Date
Recommended
Mayor Comments:
Not Recommended
Treasurer's S~gnature ~-
D~te
Recommended ~ Not Recommended
Fiscal & Budget Committee Comments:
Mayor's Signature
Approved ~ Denied
'-Fiscal & Budget Comm/~ee~ture
Date
AGENDA BILL
.. BREMERTON CITY COUNCIL
1. SUBJECT: RESOLUTION NO, 2~ ~' ( FOR AGENDA OF:
AUTHORIZING AN INTERFUND LOAN FROM THE ORIGINATING DEPT:
GENERAL FUND TO THE CIVIC IMPROVEMENT FUND AND ORIGINATOR:
RELATED BUDGET ADJUSTMENT DATE SUBMITTED:
05~[/98
Treasurer
5~8~98
2. CLEARANCES: Comment of back if necessary)
~r. Admin. Serv. '"~ ~'~'~-- ~
3. EXHIBITS:
Proposed Resolution ,~ ~/~1
Budget Adjustment Request 98-19
ENDORSEMENTS
MAYOR~
INFORMATION
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Hotel Motel Fund tax revenues are running below projections and creating a temporary cash flow deficit in the Civic
Improvement Fund. The proposed resolution will allow the City to provide timely financial support to the several civic
supported by this fund. Borrowed funds will be repaid from Hotel / Motel taxes by year end.
8. RECOMMENDATION:
1. Motion to approve the resolution authorizing and inter-fund loan from the General Fund to the Civic Improvement
Fund. ~ to approve Budget Adjustment Request No. 98-19.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
Treasurer
Mayor
12/31/98
N/A
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
11. AGENDA BILL NO:
2. CLEARANCE COMMENTS:
$. IMPACT ON NON-PASSAGE:
Financial support of the civic groups will be disrupted immediately or this fund will continue in a deficit cash position
contraty to statute.
6. IMPACT ON STAFFING, BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES:
As indicated in the attached Budget Adjustment Request.
7. RESEARCH SOURCES:
Staff analysis.
RESOLUTION NO. 2 Co 5 I
A RESOLUTION authorizing an Interfund Loan to the Civic Improvement Fund from
the General Fund.
WHEREAS, the Civic Improvement Fund has an immediate need for cash with which to
provide expenditure coverage to the budgeted civic organizations; and
WHEREAS, the size and nature of this transaction does not lend itself to an external
financing; and
WHEREAS, surplus cash in an amount sufficient to meet the short-term needs of this
settlement is presently on hand in the General Fund;
NOW, THEREFORE, let it be resolved, that the City Treasurer is hereby authorized and
directed to make an interfund loan from the General Fund to the Civic Improvement Fund in an
amount not to exceed $20,000. This loan shall bear interest at the rate of 5.0% per annum and
shall be repaid in its entirety not later that December 31, 1998.
ADOPTED by the City Council of the City of Bremerton this day of
1998.
DAVID FARR, Council President
ATTEST:
KATHLEEN L. McCLUSKEY, City Clerk
CITY OF BREMERTON -
BUDGET ADJUSTMENT REQUEST
Requesting Department: GENERAL / CIVIC IMP. Adjustment Number:
98-19
Approval Authority Required:
~--~mreasurer
SOURCE OF FUNDS:
CIVIC IMP
INCREASE:
RECEIPT OF LOAN
GENERAL FUND
INCREASE:
RECEIPT OF REPAYMENT
r-]Mayor
Amount
20,000
20,000
Fiscal & Budcjet
USE OF FUNDS:
Description
INCREASE:
REPAYMENT OF LOAN
INCREASE:
ISSUE LOAN
r'~council
20,000
20,000
NARRATIVE:
This adjustment will provide budgetary capacity for an interfund loan from the General Fund to the Civic
Improvement Fund to finance a short term cash flow deficit.
Department He a"d-S~g~ at u-'~e
Treasurer Comments:
Date Director Si~lnature Date
Recommended r---] Not Recommended
Mayor Comments:
Treasurer's Si~lnatt~r~''~v ~
Date
Recommended ~ Not RecOmmended
Approved ~ Denied
Fiscal & Budget Committee Comments:
Mayor's Sicjnature
Date
~al & Bud~re
Date
CITY OF BREMERTON
HOTEL/MOTEL FUND CASH FLOW
Thousands
15
10
5
0
-10
-15
-20
DEC JAN FEB
MAR APR MAY JUN
[---PROJECTION
JUL AUG SEP
+ACTUALI
OCT NOV DEC
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT: PUBLIC HEARING & ORDINANCE FOR AGENDA OF:
To amend the Official Zoning Map from ORIGINATING DEPT:
"Central Bremerton Residential" to "Parks & ORIGINATOR:
Schools" for a single lot at 13th & Ohio. DATE SUBMITTED:
May 27, 1998
DCD/Planning
May 21,1998
ENDORSEMENTS__.
MAYOR ,~-,
CLEARANCES: ,(~.J.s~ back if ne.c~ssary) 3. EXHIBITS:
City Attorn~~~~(/-~' ./Z'~--~,~'ff~--~g. ,/ Findings& Conclusions of Plan. Comm.
' /-~"~ ~ /,) .. _ ,/ Ordinance to amend the Zoning Map
Dir Comm. Dev. /r~ /~'~¢'~"-~ v,, Planning Commission Minutes (Mar. 17 1998)
·
Operations Comm ~_/__~--...~-''~
¢_
COUNCIL PRESIDENT
SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Bremerton School District owns a small lot directly across Ohio Street from Bremerton High School.
The old house on the property has been in use as a child care center for the past several years. The
District would like to change the zoning from "residential" to "Parks & Schools" so that the property will
be in the same zone as other school facilities and can be used for school purposes.
The Planning Commission reviewed this proposal on March 17, 1998, found it to be consistent with the
City's Comprehensive Plan and with the long-range plans of the School District, and recommends City
Council approval of this Rezone. The Council must conduct a public hearing prior to its final decision
and action on the attached ordinance.
RECOMMENDATION:
City Council approval of the attached Ordinance on first reading.
City Council passage of the Ordinance on second reading.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
Judy Johnson
'10. NOTICE OF ACTION:
PULLED.~ TABLED~ APPROVED__
COUNCIL DIRECTIVE:
DISAPPROVED
DATE:
11. AGENDA BILL NO:
AMENDED
2. CLEARANCE COMMENTS:
IMPACT ON NON-PASSAGE:
Non-passage would have the following effect:
1. The zoning of the subject property will remain "Central Bremerton Residential" and may pose
obstacles to the use of the subject property for school purposes, as intended by the District.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
The proposed change will have little or no effect on City staff and budgets.
7. RESEARCH SOURCES:
F NDING8 OF FACT
and CONCLUSIONS OF LAW
of the Bmmerton Planning Commission
Bremerton School District Rezone
Zoning Map Amendment: File PLN 8-1:ZMA98-0002 CPA-98:zma98-02.ff
Staff: Ron Hough, Planning Manager --- Dept. of Community Dev. --- 286 Fourth Street, Bremerton WA 98337
GENERAL DESCRIPTION
A. LOCATION:
B. APPLICANT:
C. LAND:
D. LAND USE:
E. COMP. PLAN:
F. SEPA:
G. PROPOSAL:
Northeast comer of Thirteenth Street and Ohio Avenue.
Assessor's Parcel No: 3797-005-010-0107
Address: 1312 Thirteenth Street
Bremerton School District
200 Bruen Avenue, Bremerton WA 98312
Contact: Ron Carpenter
The Rezone area consists of a single lot, 40' x 90' in size and
having a total area of about 3,600 sq. ft (0.08 ac.).
The lot is consistent with the standards of its CBR zone.
The subject property was used for many years for a single-family
residence. Several years ago, Bremerton School District converted
the structure to a child care center, which is an allowed use in the
CBR zone.
When the City prepared its current Comprehensive Plan, it
considered the long-range plans of the school district and provided
room for the expansion of both Bremerton High School and
Olympic College. The subject site is within the area designated on
the Comprehensive Plan as "School (S)".
An Environmental Checklist was prepared by the School District
and submitted for City review. The review will be completed and
a determination issued prior to the final public hearing and City
Council decision.
Rezone this single lot from "CBR (Central Bremerton
Residential)" to "PS (Parks & Schools)".
Rezone ZMA98-0002: Page 1
CRITERIA FOR APPROVAL
The criteria for approval of Rezones is contained in the "Administration" section of Bremerton
Municipal Code, chapter 21.02.920(d). The following criteria are adequately met for the
approval of this Rezone:
Criterion # 1:
The rezone is substantively consistent with the Comprehensive Plan.
The Comprehensive Plan designation is "S (School)". The requested zoning (Parks
& Schools) is directly consistent with the Plan designation and is a step toward
implementation of the Plan.
Criterion #2:
The rezone is necessary because (a) conditions in the immediate vicinity have changed
markedly to require a rezone in the public interest; or (b) the Rezone will correct an
inappropriate zone classification or boundary.
The existing CBR zoning was retained as a "holding zone" in recognition of its
residential history, with the understanding that this area would gradually transition
to school and/or park uses when the time is appropriate. The School District now has a
need to use this property and building for vocational education classes and requests that it
be zoned appropriately. A change to the "PS" zone is appropriate at this time.
Criterion #3:
The rezone will not result in adverse environmental consequences.
The proposed "PS" zoning will not result in any significant changes to the property,
which has been fully developed and used for many years. No adverse environmental
consequences are anticipated.
Criterion #4:
The Rezone bears a substantial relation to the public interest because there is a need for the
changes and that need will be served.
The School District provides education and specialized training which provide major
benefits to the community and which are in the public interest. There is a need for this
rezone so that the subject property will become part of the larger campus and will be able
to function as such.
Criterion #5:
Essential public facilities and services are presently available and adequate, or can be
reasonably made available.
Rezone ZMA98-0002: Page 2
A full range of urban public utilities and services are available to this area. They were
adequate to support the previous residential use of the property, but may have to be
upgraded or modified to serve the educational uses. The adequacy of facilities and
services will be assessed through the building permit process as the structure is modified
for its new use.
CONCLUSIONS
mo
The proposed Rezone is consistent with the City's long-range intent for the growth and
expansion of the high school and college campus area. The site is designated "School"
on the Comprehensive Plan.
B. The proposed rezone adequately meets all Rezone approval criteria.
This Rezone is one step in a "phased zoning" process intended to gradually achieve
consistency between the Comprehensive Plan and Zoning Map, as required by State law,
as properties are ready for the transition.
RECOMMENDATION
The Bremerton Planning Commission conducted a public hearing on this proposed Zoning Map
Amendment (rezone) on March 17, 1998 and, based on the f'mdings and conclusions stated
above, hereby recommends City Council approval of a Rezone of the subject area from "CBR
(Central Bremerton Residential)" to "PS (Parks & Schools)", as shown on the map attached
hereto as Exhibit "A".
enartmW. Hough, Planning Manager
ent of Community Development
Secretary to the Planning Commission
Bill Robinson, Chair
Bremerton Planning Commission
CPA98:zma98-02.ff
Rezone ZMA98-0002: Page 3
Brmn~rt~n $¢h~1 Di~b'i¢~-- Proposed Rezone
The area identified below is proposed to be changed from
the current zoning of"Central Bremerton Residential (CBR)"
to "Parks 8, Schools (PS)".
Lr'
Rezone ZMA98-0002:
Page 4
Bremerton School District --- Comprehensive Plan
The area proposed to be rezoned to "Parks & Schools"
is presently designated "S (School)"
on the Bremerton Comprehensive Plan.
C
S
College
t. MDR
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T~ Il I III Il I l L-I,,/
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Evergreen
HI
Rezone ZMA98-0002: Page 5
Bremerton School District--- Geaeral Locatioa
The area proposed to be rezoned to "Parks & Schools"
is located at the northeast corner of the intersection of
Ohio Avenue and Thirteenth Street, directly across the
street from Bremerton High School.
SF-3
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Rezone ZMA98-0002: Page 6
/o3
ORDINANCE NO.
AN ORDINANCE amending the Official Zoning Map
of the City of Bremerton, Washington, for a single lot
at the northeast corner of Ohio Avenue and Thirteenth Street.
WHEREAS, the Bremerton School District is the owner of the subject property, which
lies directly across Ohio Street from Bremerton High School; and
WHEREAS, the School District has a need to utilize the property for school-related
uses; and
WHEREAS, the Campus/Evergreen Neighborhood Plan and the Bremerton
Comprehensive Plan were prepared in cooperation with the School District and Olympic College
and, in recognition of their respective long-range master plans, an appropriate area was
designated "S (School)" for furore school expansion; and
WHEREAS, the requested "PS (Parks & Schools)" zoning is directly consistent with the
Comprehensive Plan and will allow the intended transition of the property to school uses; and
WHEREAS, the Bremerton Planning Commission, following a public hearing on March
17, 1998, determined that this request is consistent with the Comprehensive Plan and with the
City's Rezone criteria, contained in BMC 21.02.920(d), and has submitted its Findings of Fact
and Conclusions of Law in support of its recommendation to approval this Rezone; and
WHEREAS, the Bremerton City Council conducted a public hearing on May 27, 1998
to accept public comments pertaining to the proposed rezone and to consider the Planning
Commission's recommendation; now, therefore
THE CITY OF BREMERTON DOES HEREBY ORDAIN
Section 1. The Official Zoning Map of the City of Bremerton is hereby amended to
change the zoning from "CBR (Central Bremerton Residential)" to "PS (Parks & Schools)" in
the area described in attached Exhibit "A".
Rezone ord. -- page 1
APPROVED by the City Council on the first reading this
,1998.
day of
PASSED by the Bremerton City Council this
day of
.,1998.
DAVID FARR, President
Bremerton City Council
APPROVED this
day of
,1998.
ATTEST:
LYNN S. HORTON, Mayor
KATHLEEN McCLUSKEY, City Clerk
Published:
Effective:
CPA-98:zma98-02.ord
Rezone ord. --- page 2
Exhibit "A"
Bremerton School District Rezone:
PLN 8-1:ZMA98-0002
The zoning of the shaded area on the map below
is hereby changed as follows:
from "CBR (Central Bremerton Residential)"
to "PS (Parks & Schools)".
Assessor's Acct. No: 3797-005-010-01
I~TH
'.3
'.
I
I
I
III
·
· ~ ~.
Rezone ord. --- page 3
John Galland wanted to state that when a vacancy becomes available it is immediately filled and that they
have a wairing list.
Mr. Coomhes wanted to add that it is one of the nicest mobile home parks in the counts' and has a very
good reputation.
Chairman Robinson asked ff the perrmt office had rex4ewed the plans. Mr. Coombes indicated ves.
Chairman Robinson wanted clarification as to the open space that the mobile home park was proposing.
Mr. Coombes referred to the map included in the packets.
Mel Wortman, 132 Sorino Circle Drive, spoke to the good reputation of the park and that it was a great
place to live. He felt that an increase in the park would be a favorable one and urged the conUmssion to
approve the expansion.
Jane Wortman. 132 Sonno Circle Drive. commented on the safety and beauuful atmosphere of the park
and that an addition would only add to the beauty.
Commissioner Stone inquired if there was a distinction between mobile home and manufactured home
language.
Mr. Coombes stated that homes built after 1976 are referred to as manufactured housing. Pre-1976
housing is referred to as mobile homes.
Commissioner Wolfe stated that his first inclination was not to approve the expansion, but after the
testimony feels that the expansion would be a good addition.
Commissioner Dingfield commented on the area and the lovely setting, ~iais ¢-pe of development is a
good addition to the city,.
A motion was made by Commissioner Stone that the Planning Commission approve the Preliminary
Planned Unit Development for expansion of an existing manufactured home use subject to the
following conditions as they read on page 9 of the staff report. (5 conditions are listed) Seconded by
Commissioner Dingfield. Question called: Boyd, yes; Robinson, yes; Stone, yes; Dingfield, yes;
Wolfe, yes. Motion passes.
2. Bremerton School District Rezone, 1312 13th Street
Commissioner Dingfield commented that even though this matter was not quasi-judicial she svould
abstain on tiffs vote due to appearance of fairness.
Mr. Ron Hough presented the staff report. This is a requested rezone of a single lot at the northeast
comer of 13th and Ohio across the street from the Bremerton High School. Currently the house is being
used as a ctaycare and is presently under the "CBR~ zoning. The School would like to utilize the house for
classroom purposes and therefore is requesting a "PS" zoning. The Compreheusive Plan zoning is
consistent with this requested rezone classification. The application is consistent $,,ith the zoning
ordinance for rezones and with the schools long range plan. Staff recommends approval of this rezone.
Commissioner Stone inquired as to if the school district owned the property.
Mr. Hough indicated that the school district did own the property, in question.
7
Page 8 Planning Commi ' ' March 17, 1998
Commissioner Stone wanted to know the reasoning for the rezone.
Mr. Hough indicated that the reasoning was so that the braiding could be used lbr other educaUonal uses.
A motion was made by Commissioner Stone that the Bremerton Planning Commission find that this
rezone request satifffies the City's rezone criteria and that a recommendation for approval be
forwarded to the City Council. Seconded by Commissioner Boyd. Question called: Boyd, yes;
Stone, yes; Dinglield, yes; Wolfe, yes; Robinson, yes. Motion passes. ~
Chairman Robinson inquired as to when this rezone proposal would be presented to the CiD' Council.
Mr. Hough indicated that it is still in state review and would be presented before the Cit~' Council in May.
Commissioner Dinglield wanted to know ii' this would be included in the upcormng comprehensive plan
amendments.
Mr. Hough indicated that there would be no comprehensive plan amendment necessary.
Meeting Adjourned.
4,,
Respecl~f3ully Submitted:
Trish Martin, Recording Secretary
Approved by:
Bill Robinson. Chairman
Page 9 Planning Commission Meeting, March 17, 1998