HomeMy WebLinkAbout10/07/98 AGENDABREMERTON CITY COUNCIL
239 4TH STREET
BREMERTON, WA 98337
CITY COUNCIL AGENDA
OCTOBER 7, 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
Ao
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. ...PcLol
#AB98-226
Minutes of Special Council Meeting - September 14, 1998
Minutes of Council Meeting - September 16, 1998
#AB98-227 / O
CLAIMS/CHECK REGISTERS
5. COUNCIL MEMBER REPORTS
6. MAYOR'S REPORT
7. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes)
NEW BUSINESS
A. Puget Sound Energy (PSE) Request for Power
Line Easement Relocation
#AB98-228
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT':
MINUTES OF SPECIAL COUNCIL MEETING
HELD SEPTEMBER 14, 1998
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
OCTOBER 7, 1998
CITY COUNCIL
DAVID FARR, PRESIDENT
SEPTEMBER 29, 1998
2. ~[~[2~72~3~: (comment on back
if necessary)
ENDORSEMENT__ INFORMATION
MAYOR
A~PROVED BY-COUNCIL
COUNCIL PRESIDENT
4. SUM24A~Y STATEMENT AND REOU!REMENT FOR CO[~C!L AcTION:
8. R~COMMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFOR~ OFFICIAL:
.EXPIRATION DATE:
REVIEW DATE:
PUTiT,ED TABLED
COUNCIL DIRECTIVE:
10. NOTIC~ OF ACTION
APPROVED .DISAPPROVED
lED
2. CLEARANCE COMMENTS:. - --
5..'~.~Lo_ACTON NON-PASSAGE:
~.-~--..~AC~t~ .STA3~FING, BUDGETS, FACILITIES, EOUTPMENT OR OTHER RESOURCES:
TaPE #1569 UNAPPROVED DRAFT
SPECIAL MEETING
CITY COUNCIL MINUTES
SEPTEMBER 14, 1998
A Special Meeting of the City Council of the City of Bremerton was called to order
in the City Council Chambers, 239 4th Street, Bremerton, Washington, Monday,
September 14, 1998, at approximately 7:30 P.M., with Council President David
Farr presiding. Council members present were Jim Reed, Carlos Montgomery,
Carol Arends, Mike Shepherd, John Law, Cecil McConnell, and Wayne Olsen.
City Council member Lon Overson 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.
President Farr made the following announcements:
(1) The City Council held their regular Monthly Study Session prior to this
Special Meeting, in the Council Chambers, 5:30 to 7:30 P.M., to discuss
an Update on Electric Utility Deregulation with Don McDaniel, Area
Manager of the Olympic Division of Puget Sound Energy; and a Gateway
Landscaping Presentation by Randy Witt, City Engineer.
Paula Johnston, Deputy City Clerk, read the following letters into the record:
Dan Zimsen: "Regarding the fluoridation of City water, put it on the ballot! You
are coming across like old-fashioned, win-at-any-price, power, politicians. Not
the image you want to project. It will eventually get on the ballot. The longer it
waits, the worse it gets. If this drags on until February, somebody will get an
injunction to stop everything until after the election. Get on with business. Thank
you."
Gloria Lamb: "If it is true that you would like to dispel talk that the Council has
been trying to block citizens from voting on the fluoride issue, then perhaps it
would be more sincere sounding to put a stop on quotes such as Carlos
Montgomery's comment, "Why should we go around changing the damn law to
satisfy a small group of people who don't know what's going on in the world?"
What a careless and crass statement to utter! You were quoted by the Sun on 9-
10-98. So much for good intentions! Intelligent human beings keep open minds
and seek out new information! Have you not wondered why countries like
Sweden, Japan, India, Denmark, Germany, Norway, Australia, New Zealand,
Italy, France, and many more have removed fluoride from their systems and
banned adding it to their water supplies? They found no correlation between
fluoride and cavities. The only people who truly benefit from the widespread use
of fluoride for "dental" purposes are the big industries that generate fluoride as a
waste product. They not only solve their pollution problems, but make a
handsome profit by selling their toxic residues to be eaten, drunk, and spread on
teeth by an unsuspecting population governed by gullible officials.~
TAP E #1569
City Council Special Mtg. Minutes
September 14, 1998
Page 2 of 7
Anna M. Laurie: "1 will not be able to attend your special meeting tonight as a
prior commitment conflicts with the meeting time. However, I am hopeful that
you will consider this letter in lieu of my live testimony as you consider the issue
before you. The decision you face tonight is not about fluodde. It is about the
functioning of our system of government and fundamental fairness. As I
understand Mr. M¢Connell's motion, you will decide whether to allow an advisory
ballot to be placed on the November ballot, regardless of the fact that the petition
drive was unsuccessful in obtaining the requisite number of signatures to be
certified. If Mr. McConnell's motion passes, the Bremerton City Council will be
passing special legislation for a special interest group that has not proven it
represents even 25% of your constituents. The message that special legislation
sends to the rest of us is simple: "Don't follow the rules, don't tell the truth,
engage in threats and bullying, and the City Council will give in to your demands
and give you special treatment. If you follow the rules, don't expect any favors
from your local officials." I would like to review some of the history of this whole
issue. First, the City Council almost unanimously passed the resolution to
fluoridate the water supply in April 1997 after hours of public testimony and
review of stacks of documents. No action was taken by the anti-fluoride groups
to legally challenge this action or to start a petition ddve until almost a year later.
In the meantime, the City moved ahead with installation, and budgeted and spent
those necessary funds. Then, late in the game, a lawsuit was started which
claimed that the City Council's action was somehow "unlawful." The City
defended this lawsuit and used resources of its legal department to rebut the
allegations only to have the lawsuit voluntarily dismissed on the eve of trial,
because there was nothing there to complain about. As the attorney for the
petitioner, Randall Keyes admitted that the City Council had acted properly and
so they folded their tents and went away. Unfortunately, the damage and cost
was done. In addition to this frivolous lawsuit, the anti-fluoride group also
sponsored a petition drive which gathered enough signatures to be certified but
which was struck down by a Washington State Superior Court judge as
containing improper language. The actual language of the petition did not follow
the state-mandated law, and as such, the entire petition was tainted. The anti-
fluoride group started over. Their second petition drive was done with some
dispatch. Remember though, the time crunch was one of their own doing. They
had over 15 months from April of 1997 to September of 1998 and still didn't get it
right. The anti-fluoride group provided false information to the Sun as to the time
frames involved in an apparent effort to create pressure for an expedited review
of their petition. The tactic almost worked, but the most recent petition was not
certified by the Kitsap County Auditor, as it did not have sufficient number of
qualified signatures. It wasn't even close. The statements to the Sun was not
their first mis-statement of the truth as can be seen from the various letters to the
paper indicating that the cost of the fluoridation would be millions of dollars when
the truth is that it will cost less than $300,000 according to the mayor's own
TAPE #1569
City Council Special Mtg. Minutes
September 14, 1998
Page 3 of 7
numbers. During this entire time, the anti-fluoride group has also involved itself
in threatening behavior, personal insults, and an assault on a community
member. As Rod Johnson indicated last week to you, these kinds of behaviors
have no place in a civilized community. He was right. Now, as a reward for their
misbehavior and bullying tactics, the anti-fluoride group has somehow convinced
five members of this Council to call an unprecedented special meeting to pass an
unprecedented legislation putting the issue on the November ballot. The
ballyhoo has been that the costs of a special election should not be foisted upon
the City. If we examine the costs incurred by the City in responding to the
frivolous lawsuit and in going ahead with the installation, the small cost of a
special ballot seems minimal. Regardless of anyone's feelings on whether the
water supply should be fluoridated, a more important issue is before you. How
does government work? Is it the province of special interests and favoritism, or
is it a system of rules and procedures that define the dghts of al citizens. Will we
have a government that "spot" zones for squeaky wheels and "spot" legislates for
those who do not follow the rules? Only you can answer that question tonight.~
2A - FLUORIDATION OF BREMERTON'S MUNICIPAL WATER SUPPLY;
RESOLUTION NO. 2671 PLACING THE PROPOSITION TO FLUORIDATE
THE WATER SUPPLY SYSTEM OF THE CITY OF BREMERTON ON THE
NOVEMBER 3, 1998 ELECTION, #AB98-209
In an effort to provide the opportunity to the qualified voters of the City to express
their views on the proposed fluoridation of the City's water supply in an
expeditious manner, City Council is to consider placing this issue on the
November 3, 1998 election.
Mr. McConnell asked for clarification on the meaning of an "advisory vote", why
it is needed in the City, and what would happen to the initiative ddve regardless
of the outcome of the November election. Ms. Malanca, City Attorney, pointed
out that the Special Meeting tonight is to hear the proposal for an "Advisory
Election" to occur in November. The City Council is not authorized to delegate its
legislative authority to the people; and the people do not give up their initiative
powers, which are granted by the State. Only the people, through the
presentation of a certified initiative petition, can bring a true initiative to a vote in
this community. The City Council does have the authority to request an advisory
vote of the people on an issue under consideration. The true initiative petition
would not occur until February, regardless of what happens with the advisory
vote.
Karen FIynn, Kitsap County Auditor, provided approximated costs for a Fluoride
Ballot Measure as follows: Total estimated election cost for the November
Election is $220,000; Estimated portion for the City of Bremerton would be
$8,000; Total estimated cost for the February Special Election would be
$150,000; with an estimated portion for the City of Bremerton would be $11,000.
TAPE #1569
City Council Special Mtg. Minutes
September 14, 1998
Page 4 of 7
Another scenario in February, without the ballot measure from Kitsap County, the
total estimated cost for the February Special Election would go down to $96,000;
with the estimated portion for the City of Bremerton going up to $16,000. She
concluded her report by providing her experience with ballot measures, and
requests for special treatment. She explained that there is set-forward in law, a
method for providing citizens the opportunity to vote. When there are pressures
to change the process for one reason or another, there is the danger of mistakes
being made, as well as the possibility of lawsuits from citizens on "the other side"
of a measure claiming that the Auditor did not follow the letter of the law. Due to
these, and many other possible complications, it is her advice, as well as the
advice from attorney's who work for the County, that the law must be followed
according to the mandate of the people. It was also pointed out that an advisory
ballot in November still leaves the measure to be decided again in February if the
citizens decide they want that.
Mr. Mont.qomery stated that the report provided by Ms. Flynn answered many of
his questions. He concluded that if $8,000 was going to be paid in November for
an advisory vote, and the required signatures were still obtained, a second vote
would happen in February anyway, and the City would then have to pay an
additional $11,000.
Rod Johnson, Acting President for Citizens for Safe Water, thanked the City
Council for their concerns regarding this manner. He stated his group wants to
do what is "right" and not what is "popular." They want to vote on a proposed
ordinance, not an advisory vote, and only want to vote once, not twice on the
same matter. Signatures are still being gathered, and will be ready to turn in by
the end of the week. It will save the taxpayers money to wait until February.
Noray Larson stated she has been a hygienist for 50 years, and also provided
her input as to the positive affects of fluoride. She also pointed out to those
gathering signatures, that they must only get signatures from registered voters.
E.L. Sturdivant, Bremerton resident, felt the City had nothing to lose by placing
this issue on an Advisory Ballot. He also suggested the idea of making fluoride
available for free, at the dentist office, for those who wanted it, rather than putting
it in the water and subjecting everyone to it whether they wanted it or not.
John Becker asked what the Council was going to do with the results of an
Advisory vote. Ms. Malanca stated that from a legal standpoint, Council is not
bound by this Advisory vote, since it is only advisory input for the Council to
consider. She further stated that only the people have initiative power, and the
City Council cannot delegate their legislative authority to the people. Only the
people can bring a true initiative to a vote. The City Council can request input
with an Advisory vote.
TAPE #1569
City Council Special Mtg. Minutes
September 14, 1998
Page 5 of 7
Rod Johnson felt that if it comes down to choosing between the Advisory vote or
the Initiative vote, they would rather see the Initiative process go forward, which
would be the will of the people, and save taxpayers money.
Elizabeth Buell felt it would save the City money to put the issue on the ballot in
February.
Ruth Natividad stated it would cause more confusion to put this to the ballot
twice, and favored seeing it only in February.
Moll Dietz brought up the issue of citizens who have City water but will not be
able to vote on the issue due to not living within the City limits. Ms. Malanca
stated that those .citizens are able to provide input as a water utility customer
only, since State law will prevent them from voting on the issue.
Jim Hopkins wanted clarification on the deadlines discussed by Ms. Flynn. Ms.
Malanca stated the correct number of signatures not only has to be gathered and
turned in, they also have to be filed with the petition and certified with the County.
This process could not all be accomplished by the deadline on Friday to get the
Initiative on the November ballot.
Paul Drnjevic felt an Advisory vote would be futile, and not cost effective. He
also requested more details of the "assault" referred to in Anna Laurie's letter.
Mr. Montgomery wanted to clarify that in a previous meeting he did not call Mr.
Drnjevic a "liar", he simply wanted to know where Mr. Drnjevic got the quote he
was mistakenly attributing to Mr. Montgomery.
Earl Nelson asked if the Advisory vote passes, would Council follow the wishes
of the people. Ms. Malanca felt it was not appropriate for Council to comment on
how they might vote on an issue until it was presented to them.
Vir.qil Elkinqton referred to a class he took a few years ago where he thoroughly
studied the fluoride issue. Statistically, he found that when the fluodde issue was
put to a vote of the people, it was voted out 75% of the time. When it was to be
decided by City officials, they voted it in. He suggested the City purchase
fluoride pills, instead of using the $8,000 for an Advisory vote, and then hand out
the pills only to those individuals who want fluoride.
Lauralee Hanson felt it did not make sense to vote on this issue as advisory
only, and that it would be more responsible and fair to wait until February.
Norma Smith wanted clarification about citizens who receive their water from the
City of Bremerton, but do not live within the City limits. Ms. Malanca stated that
TAPE #1569
City Council Special Mtg. Minutes
September 1,4, 1998
Page 8 of 7
citizens in the same situation can communicate their wishes to the Council, and
can get involved gathering signatures, or assisting in that process, but will not be
able to vote on the issue according to State law.
Susan Brown stated she supported what Mr. McConnell was trying to
accomplish, but now that it has been explained that this is only an Advisory vote,
she did not feel that the Council could be trusted to follow the wishes of that vote.
Gloria Lamb felt the petition vote in February was the only way to go.
Charlie Brown stated Mr. Montgomery owes the City of Bremerton an apology.
Mr. McConnell stated when he initiated this process for a Special Meeting, he
was not informed that the City Council only had the authority for an Advisory
vote. If he had known, he probably wouldn't have went through the effort.
However, he was glad to see the citizens come down and say don't waste the
City's money, because that is what he was trying to accomplish anyway. He
referred to the number of citizens who came on a regular basis to the City
Council meetings, asking to vote on this issue, and who gave the impression they
did not want to wait until February. He appreciated the turnout of citizens tonight,
and agreed with the citizens that the $8,000 for an Advisory vote would be a
waste of money.
Mr. Law agreed with Mr. McConnell, and felt that as long as the citizens who
spoke here tonight were comfortable with waiting until February, that was fine
with him. He just wanted to make sure the public had the opportunity to vote. He
made the observation that maybe the other proposal to be heard tonight would
not have been presented if this Special Meeting had not been called.
Mrs. Arends stated that she has never had a problem with the people voting on
this issue, and felt it was entirely appropriate. Her concern with an Advisory vote
was the possibility of a 50-50 outcome, and no matter what Council did, it
probably wouldn't please a majority of the people. She favored the vote in
February because it was a vote of the people, and even if one side won by only 1
vote, it would be legal and binding, and be the "law of the land'.
Mr. Shepherd stated that he appreciated the turnout of citizens tonight, and
complimented both Mr. McConnell and Mr. Farr for their proposals. He thanked
the citizens for the clear direction they have provided Council.
Mr. Reed reminded citizens that not all of the present Councilmen were on the
City Council when the fluoride issue was first proposed. He further stated that
regardless of his own personal views on fluoridation, he always felt the citizens
who are affected by the issue should have the dght to vote. He also felt there
TAPE #1569
City Council Special Mtg. Minutes
September 14, 1998
Page 7 of 7
were two very important things happening tonight, one was to get the fluoride
issue on the ballot, whether in November or February. Secondly, his dislike for
the assumed "heavy-handed, we-know-better" attitude of politicians, and pointed
out that two long-term City Councilmen took action to listen to the citizens, and
be more sensitive to their desires, and their intent should be commended.
Mr. Mont.qomery repeated his comment quoted in the Sun by Tim Christy, "VVhy
should we go around changing the damn law to satisfy a small group of people
who don't know what in the world is going on", and he stands by it. He
expressed how important it was for citizens to come to Council meetings and
voice their opinions. Mr. McConnell wanted to clarify that he was not trying to
change a law. Ms. Malanca concurred with that.
No Motion was made.
2A - FLUORIDATION OF BREMERTON'S MUNICIPAL WATER SUPPLY;
MOTION TO CEASE THE IMPLEMENTATION OF FLUORIDATION~ #AB98-
210
Due to the strong public interest in fluoridation of the City's water distribution
system, cease implementation of fluoridation until a February 1999 Special
Election initiative vote of the people can be obtained.
Public comment - none.
#2932 MlSlClU(ArendslMcConnell) Motion to cease the implementation of
fluoridation if and until a special election results from initiative petition on this
issue.
President Farr thanked Robert Neal, Director and Production Coordinator, and
the TV camera crew for their services.
With no further business meeting adjourned at 8:45 P.M.
PAULA JOHNSTON, Deputy City Clerk
DAVID FARR, City Council President
City of Bremerton
P J/DF/Is
C: Normal Distribution
FileNault
AGENDA BILL
BREMEIqTON CITY COUNCIL
1. SUBJECT':
MINUTES OF MEETING ~- SEPTEMBER 16, 1998
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
OCTOBER 7~ lpp8
CITY COUNCIL
PRESIDENT, DAVID FARR
OCTOBER 2, 1998
2. ~: (comment on back
if necessary)
ENDORSEMENT__ iNFOR/~ATION
MAYOR
APPROVED B~ COUNCIL PRESID~~SUBMITTAL:
4. S~¥ STATEMENT AND REOUiREMENT FQ~ CO~C!L AcTION:
8. R~COM~4ENDATION:
9. RESPONSIBLE OFFICIAL:
ENFOR~ OFFICIAL:
.EXPIRATION DATE:
REVYEW DATE:
PUIJ,ED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED .DISAPPROVED
..DATE:
/D
2. CLEARANCE COMMENTS:. -- _
5..'-~.T~Lu_ACT ON NON-PASSAGE:
_STAFFING. BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES:
TAPE #1570
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
SEPTEMBER 16, 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, September 16, 1998, at 5:30 P.M., with Council President David
Farr presiding. Council members present were Jim Reed, Carol Arends, Lon
Overson, and Cecil McConnell. Councilmen Carlos Montgomery, Mike
Shepherd, John Law, and Wayne Olsen 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 Fart
and invocation given by Deacon Roy Mclnnis of Sinclair Missionary Baptist
Church.
President Fart made the following announcements:
(2) The City Council held a Study Session prior to the Council meeting, 5:00 -
5:30 P.M., to discuss general Council business.
(2)
Councilmen Carlos Montgomery, Mike Shepherd, and John Law were
absent due to their attendance at an AWC Conference.
CONSENTAGENDA
None
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
#0013 MISIClU(ArendslMcConnell) On September 16, 1998, the Council does
approve for payment those vouchers included and further described as follows:
223649 through 223866 in the amount of $636,478.16.
COUNCIL MEMBER REPORTS
Mr. McConnell announced a District 1 & 2 Neighborhood Meeting to be held
Thursday, September 17, 1998, 7:00 P.M., at the Sheridan Park Community
Center. Topic to be discussed will be "Law & Order", with special guests Police
Chief Du Fresne, City Attorney Glenna Malanca, and Municipal Judge James
Docter. He also announced a District 5 Picnic to be held at Evergreen Park on
TAPE #1570
City Council Reg. Mtg. Minutes
September 16, 1998
Page 2 of 9
Saturday, September 19, 1998, at 1:30 P.M.
early and help clean up the Park.
Citizens are also invited to come
Mr. Overson mentioned that more information would be provided later this
evening on an upcoming "Gun Buy-Back" program. He commented on the great
weather, and encouraged citizens to come down to Bremerton and take a look at
all the changes going on, before the rains hit.
Mrs. Arends announced that 6th Street was going to open again soon, which is
good news, since it is one of the main routes downtown. She announced further
work is continuing on Burwell, with sidewalks being removed from one side of the
street, however it will remain open. She wished Councilman Montgomery well,
after hearing he took ill this afternoon.
Mr. Farr expressed his regret at not being able to attend the Martin Luther King
Scholarship Luncheon held this previous Saturday, but did congratulate the
recipients of this years Bridge Builder Award, including Rev. Cleveland Williams.
PUBLIC RECOGNITION
Chief Paul Du Fresne introduced Officer Wendy Davis, who provided details
on the "Gun Buy-Back' program, including a brief background on the program's
origination and purpose. The City's "Gun Buy-Back" program will be held this
Saturday, September 19, 1998, 8:00 A.M. to 2:00 P.M., here at the back parking
lot of City Hall. $100 will be paid for each working handgun accepted. Other
non-working handguns and rifles will be accepted and safely disposed. Officer
Davis provided her phone number, 478-5231, ext. 1, and offered her assistance
to any Councilman who would like her to speak at one of their neighborhood
meetings or to assist in any problems they might be experiencing in their
neighborhoods. Mr. McConnell questioned how guns should be brought in.
Officer Davis stated in a bag, and preferably unloaded, however Officers will be
available to assist those who do not have working knowledge of guns. Chief Du
Fresne provided additional information, such as guns would be accepted
anonymously. As far as accepting guns from dealers and pawnshops, they
would be able to dispose of unwanted guns, but not be able to pay $100 for each
gun since funds are limited. This program was set up to assist homeowners and
citizens to dispose of unwanted handguns, not to assist dealers or pawnshop
owners from simply eliminating an over stock of weapons. Larry Dickerson,
offered additional information about the program, and a history about why he
became involved. Those in attendance thanked him for his generous donation of
$10,000, which made this program possible. He commended rental owner Mark
Harter for his diligence in eliminating renters who were involved in illicit activities,
and stated we needed more like him.
TAPE #1570
City Council Reg. Mtg. Minutes
September 16, 1998
Page 3 of 9
Don Larson, President of Kitsap Diving Association, announced a series of
events to be held during Washington Water Weeks from August 29 to October 4,
1998. Here in Bremerton, the Sinclair Inlet Clean Up will take place Saturday,
September 19, 11:00 A.M. - 2:00 P.M. He encouraged citizens to volunteer. He
presented a poster advertising the activities printed free by Blue Sky Printing in
Poulsbo.
Mr. E.L. Sturdivant read the following letter into the record:
"1 have always been a promoter and champion of Bremerton. I come here today
to convey to the Council, the Mayor, and City Attorney, my disenchantment of the
"Enforcement and Compliance" to our City ordinances, particularly the lack of
enforcement of weekly garbage pick-up and the accumulation of garbage at
residences which become a health problem, and possibly create a downgrading
of property values which can affect a whole neighborhood.
It often takes months to get a non-operable car ticketed and towed away. It
takes many contacts with the divisions of the Police Department to get any follow
through. The ordinance states "...A car can not be stored on the streets of
Bremerton over a time period of seventy-two (72) hours without being moved or
operable". Most often when you call the Parking Complaint department, you get
a recording. If you leave your phone number, you seldom get a return call about
the complaint. The same problem occurs with Animal Control Enforcement. No
return calls! Nothing is done to alleviate the problem. If you come to the Police
Department window, there is no one available to hear your complaint. I reported
the dog across the street was roaming the neighborhood, lying on the street,
stopping cars, scattering stored garbage, and was never tied up or fenced.
Finally, the Animal Control lady came and/eft a message on the owner's door.
The owner purchased a dog license and the problem was satisfied by Animal
Control. When the Animal Control person returned a week later, I talked to her
and said, "the problem has not been resolved". The lady looked at me and said
nothing. I was polite and courteous to her when I explained for two or three
minutes the problem. She said nothing - (it made me feel I was imposing on her
time and causing her to perform her job) - and the dog still runs free/.
I will give you my observation and experience on neighborhood "Parking
Violations': Halverson is a four (4) block street. Near Sheddan Road there is a
32' Fleetwood Terry Trailer that has been on the street close to a month. It is a
traffic hazard! There were yellow chalk marks on the street side tires about two
(2) weeks ago. It is still on the street today. On 31~ & Halverson, there is a
"yellow van" parked at least 30' of the center radius. A definite traffic hazard/.
The yellow van has not been moved for well over a month. Police cars and
Parking Enforcement Officers have ddven by numerous times. Not even a
warning ticket has been issued. It is not uncommon in Bremerton to see a car
parked completely over the side or half over the sidewalk. We all know
TAPE #1570
City Council Reg. Mtg. Minutes
September 16, 1998
Page 4 of 9
sidewalks are for pedestrians and the streets are for cars. School children and
adults are often seen walking past in the street. This is wrong and dangerous. In
my neighborhood, there are at least four parking violations that have been
present for one to six months. If the car is licensed and being operated that
seems to be the criteria for no ticket.
Yard Sales and Garage Sales have no enforcement or restrictions whatsoever. I
was told there is a three-day limit, and two sales allowed per year. Some
residences have on-going yard sales that last for weeks (e.g. across the street
from the Maple Leaf Tavern at 1730 Wheaton Way, a yard sale lasted for weeks.
The unsold "junk" is still in the yard, bordering Wheaton Way. It is not a very nice
looking scene).
In conclusion, I think the Mayor and City Council should appoint a "Compliance
Supervisor; to handle garbage accumulation problems, yard sale abuses, and
continual sales of automobiles, boats, tractors, lawnmowers, and other large
items which are obviously not household items no longer needed. Rules and
ordinances must be enforced and the City needs a "hardball" Supervisor who
sees to it that City staff in vadous departments follow through with the order.
Lastly, I will tefl you my biggest "pet peeve". It is the adopted cliche' of the
Downtown Redevelopment Association - "Believe in Bremerton". It has the
connotation of being a negative statement. It suggests that there must be a lot of
folks who don't believe in Bremerton. Why don't we say something positive like
"Bremerton, Best Little City West of the Mississippi", "West of the Rockies",
"West of the Cascades'; or "West of Seattle". That's being positive! Who cannot
contest that we aren't, if we say so, we are! Sincerely, E.L. Sturdivant"
Roy Mclnnis, attended the Martin Luther King Scholarship Luncheon, and
commented that it was his own opinion that the key-note speaker, Senator Slade
Gorton, gave a speech that was not in line with the type of award that was given
out at the luncheon.
Susan Brown thanked Mr. Reed for his comments, and was encouraged about
the direction the City Council appears to be going, and their attitudes toward the
public.
8A - SR304 TRANSPORTATION IMPROVEMENT PROJECT~ CHANGF
ORDER TO ASBESTOS REMOVAL NO. 1 CONTRACT~ #AB98-211
On August 26, 1998 the City Council awarded the Asbestos Removal No. 1
Contract to Crown Delta in the amount of $49,165. As Crown Delta performed
the work, additional asbestos was found in areas that were inaccessible in the
initial investigation. The estimated cost to perform the additional asbestos
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Page 5 of 9
removal is $12,842. Prompt approval of the change order is necessary to
maintain the work schedule.
Additionally, in accordance with BMC 2.76.500(b)(2) staff requests that the City
Council provide the Mayor with additional change order authority for a total
contract amount not to exceed $80,000.
Gene Sampley, Public Works & Utilities Director, stated this is a time-sensitive
project, and also a project that is susceptible to discovery as removal of
regulated materials takes place, with asbestos as the primary problem item.
When attempting to demolish the "triangle" building, multiple layers of asbestos
was found in the flooring and other locations that were not previously discovered
when an inspection was initially made. These inspections are performed by the
City's consultant, and bids are prepared after assumptions are made after initial
testing, but discovery of additional materials are the responsibility of the City
rather than the contractor.
Mr. Reed asked if test holes were drilled. Mr. Sampley stated test holes were
drilled in certain areas, but the building was occupied at the time, so only
minimal, non-destructive testing was done.
#1160 MISICIU (Arends/Overson) Motion to authorize and direct the Mayor to
execute Change Order No. 1 to the SR304 Asbestos Removal No. 1 contract.
#1180 MiSICIU (Arends/McConnell) Motion to authorize the Mayor to execute
change orders on the SR304 Asbestos Removal No. 1 contract in the amount of
$80,000.
8B - AWARD OF CONTRACT FOR 36" WATER TRANSMISSION
IMPROVEMENTS - GORST TO RESERVOIR NO. 4, #AB98-205
The project includes construction of a 36" diameter water transmission main
along State Route 3, Earhart Street, and 3rd Avenue W. to Reservoir No. 4. A
portion of the new main replaces a 40-year old transmission main and reservoir
inlet connection that is in poor condition and nearing the end of its useful life.
Because of its larger diameter, the new main will enhance the City's ability to
comply with Federal and State disinfection requirements at higher flow rates
during dry, warm weather.
Bids for construction of the 36" Water Transmission System Improvement project
were opened on September 3, 1998. The engineer's estimate is $5,264,950. Six
bids were received for this project; the average of the bids received is
$4,641,000. Mid-Mountain Contractors, Inc.'s bid of $4,057,353.45 was lowest;
and Robison Construction, Inc.'s bid of $4285,963.51 was second lowest.
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The action before the City Council is award of a contract with Mid-Mountain
Contractors, Inc. for construction of the project titled "36" Water Transmission
Improvements: Gorst to Reservoir #4" for $4,057,353.45 in response to request
for bids. In the event that Mid-Mountain Contractors, Inc. does not enter into the
contract, the City Council can choose to award a contract to Robison
Construction, Inc. for $4,285,963.51 (including sales tax) for construction of the
project titled, "36" Water Transmission Improvements: Gorst to Reservoir #4.
Gene Sampley, Public Works & Utilities Director, stated this project has been
long coming, and a vision of the City for several years. This project will
complete the 36" Water Transmission Main from Gorst to Reservoir 4, and will
provide for additional disinfection of the water system as required by the State.
This project is funded by a Iow interest, $3.5 million Public Works Trust Fund
loan by the State of Washington, providing an excellent opportunity for the City to
accomplish this very important project. He was pleased to see bids come in $1.2
million under their estimate, and there was very good competition among the six
bids. He pointed out there were a number of reasons to get this contract
underway, therefore a recommendation is included to award this contract to the
second lowest bidder should the first bidder fail to accomplish the contract.
President Fart stated that Council was severely criticized a few weeks ago
where bids had to go to the second lowest bidder after the first lowest bidder was
not able to meet the contract requirements. Citizens felt that Council should
require a bond in these situations, so he wanted to clarify if the City was picking
up a guarantee bond. Mr. $ampley stated yes, and stated that even in the
previous situation, a 5% surety was required in the form of a cashier's check or
bid bond, which is required on all bids.
Public comment - none.
#1485 MISICIU (Arends/McConnell) Motion to award a contract for
$4,057,353.45 (including sales tax) to Mid-Mountain Contractors, Inc. for
construction of the project titled 36" Water Transmission Improvements: Gorst to
Reservoir #4 in response to request for bids. In the event Mid-Mountain
Contractors, Inc. does not enter into the contract, the City Council will award a
contract to Robison Construction, Inc. for $4,285,963.51 (including sales tax) for
construction of the project titled 36" Water Transmission Improvements: Gorst to
Reservoir #4 and authorize the Mayor to execute the same.
8C - BUDGET ADJUSTMENT NO. 98-28 FOR 1998 WASTEWATER FUND~
#AB98-206
A budget adjustment for the Wastewater Fund No. 451 is required in the amount
of $680,000 to cover unanticipated costs of litigation in excess of the original
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estimate. Funds are available from a portion of the proceeds of the sale of utility
property in the vicinity of the Wastewater Treatment Plant.
Gene Sampley, Public Works & Utilities Director, stated this item is necessary
due to the heavy cost of litigation, which was not anticipated when the 1998
budget was prepared. The resources for this item are from the sale of properties
from the Wastewater Utilities assets.
Public comment - none.
#1583 MISICIU (McConnell/Arends) Motion to approve that attached Budget
Adjustment Request No. 98-28 to 1998 Wastewater Fund in the amount of
$680,000 to provide for payment of litigation costs in excess of original estimate.
8D - SALE OF OYSTER BAY AVENUE PROPERTY, #AB98-207
The Wastewater Utility acquired residential properties previously identified as
"Zone 1" in the vicinity of the Wastewater Treatment Plant to reduce the City's
liabilities for odor control through change of land use and to provide a buffer and
future expansion for the facility. The property has subsequently become known
as the Oyster Bay Property. A Request for Proposals (RFP) was issued and one
proposal was received for purchase of property declared surplus to the City's
direct needs on February 23, 1998. A property appraisal determined the value of
the property to be $2,000,000. The proposal submitted by Rodney R. and Linda
J. Parr was evaluated based on price, business proposition, projected revenues
to the City, and overall qualifications for the proposition offered. The proposal
was determined to be responsive and acceptable. The purchase price of
$1,993,305 which provides for a $55,000 credit for purchaser's relocation of the
City storm sewer line currently on the property. It is recommended that Council
approve the purchase and sale agreement between the City and Rodney R. and
Linda J. Parr.
Gene Sampley, Public Works & Utilities Director, pointed out that Mr. Parr was
here at the Council meeting tonight, and he appreciated all the time he has
worked on this project with the City. He went over some of the items in the
agreement, and pointed out certain highlights, including relocation and expansion
of the stormwater detention system, to be maintained by the Parr's, and an
easement that will be filed for the property. Ms. Malanca explained that there is
a waiver and disclosure, which can be called an "odor easement", that applies to
each of the properties, and will be a requirement of each of the purchasers to
sign.
Mr. Mclnnis asked what the City will do with the difference between the
$680,000 referenced for litigation, and what the City is getting for the property
that is being sold. Mr. Sampley stated the Wastewater Utility currently has debt
/?
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that will be reduced over a period of time, and there are also other obligations for
the Combined Sewer Overflow reduction program. In addition, approximately $1
million as revenues that will come to Utilities to offset acquisition costs as a result
of the business proposition itself, which will result in sales tax and property tax
revenues to the City.
Mr. Reed recommended a study session on this issue to look at the whole area,
and make sure this kind of investment is encouraged to help this area grow.
#2224 MISICIU (Reed/Arends) Motion to approve the Purchase and Sale
Agreement with Rodney R. and Linda J. Parr, and authorize the Mayor to sign
the same, subject to City Policies & Procedures.
9A- RESOLUTION #2670, IN SUPPORT OF HOMEPORTING NUCLEAR
POWERED AIRCRAFT CARRIERS, #AB98-208
Resolution No. 2670 is provided to document, for the record, the community
support for the capability of homeporting additional carriers in Bremerton and
Everett. Similar endorsements are in the process of being obtained from Kitsap
County Regional Planning Council, the Governor's Office, and various other
community organizations. All statements of support will be presented at the ElS
Hearing on September 22, 1998, for the record.
Jim Adrian, stated he has worked with a number of community organizations to
try and put together a common position on this issue. He provided some
background on the plan of the Navy to replace nuclear carriers based
somewhere in the Pacific basin, where six different homeporting options were
looked at. The plan preferred by the Navy is Preferred Option #2, which calls for
three carriers in San Diego, one in Everett, zero in Pearl Harbor, and one in
Bremerton. The plan is to endorse the Navy's Preferred Option, with the proviso
that the Delta Pier be upgraded to provide the capability of two carriers, which
could include some dredging, and the same capability provided in Everett.
He pointed out that the paper will report tomorrow morning that the ElS Hearing
scheduled for September 22, 1998 has been postponed, which will allow more
time for the community to endorse the Navy's Preferred Option #2, which
included homeporting one carrier in Bremerton.
Public comment - none.
President Farr stated that he is a member of the Kitsap Regional Coordinating
Council, and at their last meeting, a Resolution was passed in support of the
homeporting, but it was for two carriers. He questioned if the wording will need
to be changed. Mr. Adrian stated he would be calling the Staff Director for the
Kitsap Regional Coordinating Council to ask that the Resolution be amended at
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Page 9 of 9
their next scheduled meeting to be consistent with the Resolution being
presented here tonight.
Mr. Overson complimented Mr. Adrian, and all others involved in this effort, and
felt their approach was correct in working with the Navy, watching what has
happened before, and seeing what is happening now. He stated this document
was an artfully written document and well done.
#2600 MISICIU (McConnell/Reed) Motion to pass Resolution No. 2670,
recommending that the Department of Navy provide the base infrastructure
capability to support the homeporting of two Nuclear Powered Aircraft Carriers in
Bremerton at PSNS, and two at NAVSTA, Everett.
With no further business meeting adjourned at 6:53 P.M.
PAULA JOHNSTON, Deputy City Clerk
DAVID FARR, City Council President
City of Bremerton
P J/DF/Is
C: Normal Distribution
FileNault
1. SUBJECT:
Puget Sound Energy (PSE) Request for
Power Line Easement Relocation
AGENDA BILL
BREMERTON CITY COUNCIL
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
10/7/98
PW & Utilities
Bill McKinney
9/28/98
2. CLEARANCES (comment on back ~,nec~ss~..?...-~
Fi~ & Budget Commi. ee
3. EXHIBITS:
Amendment of Easement Agreement
Original Easement Agreement
Easement Relocation Drawing
ENDORSEMENT
YOR
INFORMATION
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Puget Sound Energy has an existing power line easement across City Watershed property dating from December 18, 1957.
PSE is requesting relocation of a section of this easement in the NE1/4 NE1/4 NWl/4 Section 29, Township 24 North, Range
1 East as indicated on the exhibit drawing. The centerline of the easement will be shifted approximately 200 feet east of the
existing location. City staff has reviewed the relocation in the field and has determined that there are no impacts to current or
future utility operations. No merchantable timber is involved and there is no net toss of timber growing capacity to the Water
utility.
8. RECOMMENDATION
That the City Council approve the Amendment of Easement and Confirmation Agreement and authorize the Mayor to sign.
RESPONSIBLE OFFICIAL: Director of PW & Utilities
ENFORCEMENT OFFICIAL: Director of PW & Utilities
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
11. AGENDA BILL NO:
PUGET
SOUND
ENERGY
July 24, 1998
City of Bremerton
Forestry Division
3027 Olympus Drive
Bremerton, WA 98310-4799
Attention: Mr. Bill McKinney
RE: Relocation of Power Lines in Watershed
Dear Bill:
Pursuant to our site visits and receiving final construction design, enclosed is the
Amendment of Easement revising the right of way description for the lines to be
relocated at the property line between the City and Ace Paving.
If we can put a contract together the construction should take place through September
and October. We would be working in two locations on the city property, as indicated on
the attached map. The map also shows the new route alignment vs. the old.
Access to both sites would be through the watershed on the existing roads. At site "A"
some leveling as well as opening a route to the site would be required. We would need
your input on selecting the best route. Also, we would need input as to any restoration
that .would be required.
Please review the document and this information. If it meets with approval, acquire the
necessary signatures before a Notary Public and remm the document in the enclosed
envelope.
If you have questions or require additional information, please give me a call on 475-
7079.
..Sir~erely ~
t//Judy A"~leav Real Estate i~empa~i
Enclosures
Puget Sound Energy, Inc. · 6522 Kitsap Way · Bremerton, WA 98312
THI3 INDENTI,'RI~. made this 18th day Gf
, 19 ~7 , between
and hereinafter called "Grantor," and POGET SOUND POWER & LIGHT COMPANY, a Massachusetts
corporation, hereinafter called "Grtntee," and
hereinafter called "Mort~ajee",
WITNE3mETH:
'That in consideral~ton of One Dollar ($1) and other valuable consider·ti·on, roceiptofwhtchis hereby
anknoviqed, the t~antor hereby STanin and conveys to the ~ee, i,, successors and .m.~,~
to construct, reconstruct, improve, repair, maintain and opsr~e 'bm electric
dtstrtlmi~iou line · consisting of polos or towers with necess&r~ bric·a, ~uye ,~td~n~horf,~crm:
arms, In~ulatore, transmission, distribution and signal wires, tran~ormer· andi~oth~r n~.ceu_ap/~ '-
convenient faclltttgf ~nd ~qutpment over and across the ·011evins described land ~f,~ed'~.' ' ' _ -.
~.-~
r~ County, state of Wuhin~xc ' ¥'k"--.
The center line of each transmission and/or dittrtlmtton line s~ ~ 1~ ~ fo~wa:
Grantee shall have the right of accesS across the adjacent land of the grantor In order to exercise the
rights granted by this instrument, including the right to construct, maintain and use a passable road in a
convenient location, with necessary brid~es and gates.
Grantee shall have the right, at any and all times, to cut, top and/or trim any and alt brusher tree8
now or hereafter standing or growin~ upon said land or adjacent land of the grantor ~hlch Lre or my be
within twenty-five (25) feet of the said center line I , and also the rl£ht to cut, top and/or trim any
tress up~o said land.~r~s~mn~ tan~ of the fr~utor which, tn falling, could come within seven (7) feet
of any 'o~ the polos, towers, fixtures, guys, conductors or other facilities of the grantee or in any manner
be a menace or hazard thereto.
Grantor shall not place, cmtstruct or maintain any building or other structure within. 2~ feet
st said center line and ]shall 6o no blaatln~ whatsoever within a distance of 300 feet from said tine unless
'rea~onmble notice thereof has been first elves to grantee in writing.
The rights herein granted to the grantee shall continue tn force until such time as the grantee, its
successors or assigns, shall completely remove its structures and equipment from said land or sh~Jl
otherwise perm·fl·fitly abandon the same pon. such removal or abandonment all. rights hereby granted
shall terminate. .' ~ ~' ~ ~'~, ' ' '
Any mort~nge on said land heid,&~; ~ ;e~ ~ereby released to the exten~, but only to t~e extent,
nec··nary to subordinate the .'o_e~*_q~,~t left .',th'&.~q~hts hereby granted to the grantee.* '
I~ WITNESS WHEIIEOF. tf~Ltt ~t~ ~ been ;~ee~uted the d-y ar~l ~.~ first above written.
.. ~' · , i ' ~ · .: /.',~ ~r,~L/, ~C/~.~.~ ~'
~,, ." .~..., ,~ · / - L;xr,7 ~xera
'/';,': . '$
...... ..
NOTED
JUL - 91998 oo
J.^.S.
~ .9'£0,00J¢0 'ONV
6£'0g+t
EPUGET
S~
After recording, return to:
Puget Sound Energy, Inc.
Attention: Right of Way
6522 Kitsap Way
Bremerton, WA 98312
AMENDMENT OF EASEMENT AND CONFIRMATION AGREEMENT
This Amendment of Easement and Confirmation Agreement ("Agreement"
herein) is made and entered into this of
19 , by and between The City of Bremerton, a municipal corporation
("Grantor"), and Puget Sound Energy, Inc., a Washington corporation ("PSE").
PSE is the holder of certain perpetual easement dghts pursuant to those certain
easements from The City of Bremerton, dated December 18th, 1957 and
recorded under Kitsap County Auditor File Number 673688, in the Real Property
Records of Kitsap County, Washington. The Grantor herein is the present owner
of the real property described as follows which is a portion of the property
encumbered by said easements.
Portions of the Northeast Quarter of the Northeast quarter of the
Northwest quarter and of the Southeast quarter of the Northeast quarter
of the Northwest quarter, all in Section 29, Township 24 North, Range 1
East, W.M., in Kitsap County, Washington.
The Grantor herein and PSE wish to clarify certain matters regarding the above
mentioned easement.
NOW, THEREFORE, for and in consideration of Mutual Benefits, the
parties hereto confirm and agree as follows:
Section 1. The Easement, as granted in 1957, as hereinafter amended,
remain in full force and effect.
Section 2. The centedine of the Easement area lying within the property
described as follows and is hereby amended as follows:
The principle centedine of the 100 foot wide legal description of the
easement is superseded and replaced with the more specific description set forth
as follows.
Being a 100 feet wide stdp of land the centerline of which is
described as follows:
Commencing at the North quarter comer of said Section 29; thence
along the North line of said section, North 89038'30" West, a distance of
237.49 feet to the True Point of Beginning; thence South 09°28'49'' West,
a distance of 33.82; thence South 24°04'15" East, a distance of 603 feet
to a point on the East line of said subdivisions being the terminus at said
East line.
Section 3. This Agreement shall be binding upon and inure to the benefit
of Successors and Assignees of both parties.
IN WITNESS WHEREOF, the parties have executed and delivered this
Agreement as of the day and year first set forth above.
GRANTOR: City of Bremerton
BY: A'Fi'EST:
T~LE: BY
PUGET SOUND ENERGY, INC.,
a Washington corporation
By:
Manager Real Estate
STATE OF WASHINGTON
COUNTY OF KITSAP
SS
On this day of ,1998, before me, the
undersigned, a Notary Public in and for the State of Washington, duly
commissioned and swom, personally appeared HOWARD A. STRONG to me
known to be the person who signed as Manager Real Estate the Corporation
that executed the within and foregoing instrument, and acknowledged said
instrument to be his free and voluntary act and deed and the free and voluntary
act and deed of Puget Sound Energy, Inc. for the uses and purposed therein
mentioned; and on oath stated that he was authorized to execute the said
instrument on behalf of said Puget Sound Energy, Inc.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day
and year first above written.
NOTARY SEAL HERE
Print Name:
Notary Public in and for the State of
Washington, Residing at:
My Appointment Expires
STATE OF WASHINGTON
COUNTY OF
SS
On this day of ,1998, before me, the
undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared
to me known to be the person who
signed as the that executed the within
and foregoing instrument, and acknowledged said instrument to be his/her/their
free and voluntary act and deed and the free and voluntary act and deed of
for the uses and purposed therein mentioned; and on oath
stated that was authorized to execute the said instrument on
behalf of said
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day
and year first above wdtten.
NOTARY SEAL HERE
Print Name:
Notary Public in and for the State of
Washington. Residing at:
My Appointment Expires