HomeMy WebLinkAbout04/30/97 AGENDABREMERTON CITY COUNCIL
239 4TH STREET
BREMERTON, WA 98337
CITY COUNCIL AGENDA
APRIL 30, 1997
CALL TO ORDER - 5:30 P.M.
A. Pledge Of Allegiance
B. Invocation
2. CONSENT AGENDA
Items listed below have been distributed to Council members in
advance for study and will be enacted by one motion. If
separate discussion is desired on an item, it may be removed
from the Consent Agenda and placed on the Regular Agenda at the
request of a Council member.
A. Minutes - April 16, 1997 #AB97-085
3.CLAIMS/CHECK REGISTERS
4. COUNCIL MEMBER REPORTS
5. MAYOR'S REPORT
6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes)
e
NEW BUSINESS
A. Appointment of Julie Evalt Adams To The
Bremerton Housing Authority Board
#AB97-086
B. Reappointment of Larry Stone and Barbara Boyd
To The Bremerton Planning Commission
#AB97-087
C. Governmental Services Agreement With Westsound
Community Access Television
#AB97-088
D. Callow Avenue Basin CSO - Priority 2 Construction #AB97-089
Acceptance Of Centennial Clean Water Fund Loan
(No. L9700047); Adopting Resolution #2593
(CONTINUED NEXT PAGE)
ORDINANCES
A. Ordinance (First Reading) Amending Chapter 2.46
Of The Bremerton Municipal Code - Employees'
Suggestion Award Program
#AB97-090 5-~
PUBLIC HEARING - 6:00 P.M. OR LATER
A. 75% Petition to Annex Oyster Bay Annexation
Area; and Ordinance (First Reading)
#AB97-091 5~
1. SUBJECT:
AGENDA BILL
BRE~ERTON CITY COUNCIL
~INUTES - APRIL 16, 1'997
FOR AGENDA OF: April 30, 1997
ORIGINATING DEPT: gjky Council
ORIGINATOR: n~7~d F~_rr,President
DATE SUBMITTED: . 4-21-Q7 ..
2. C~AP~CES: (comment on back
if necessary)
3. ~XH. IBITS:
ENDORSEMENT__ INFORMATION
MAYOR
COUNCIL PRESIDENT'
4. SUMMARY STATEMENT AND REQUIREMENT FOR'COUNCIL ACTION:
8. RECOMMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICI~:
EXPIRATION DATE:'
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
~_M. ENDED
DATE:
TAPE #1455
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
~PRIL 16t 1997
#0033
#0056
The regular meeting of the City Council of the City of Bremerton
was called to order in the City Council Chambers, 239 4th Street,
Bremerton, Washington, Wednesday, April 16, 1997, at 5:30 P.M.,
with Council President David Farr presiding. Council members
present were Bob Winters, Carlos Montgomery, Richard Neville, Lon
0verson, John Law, Cecil McConnell, and A1 Colvin. Council member
sherril Huff-Menees was absent. Also present were City Attorney
Ian Sievers and Deputy City Clerk Paula Johnston.
The meeting opened with the Pledge of Allegiance led by Council
President Fart and Invocation given by Reverend Paul Meeker of Our
Saviour's Lutheran Church.
CONSENT ~GENDA
A. Minutes of Meeting -- April 2, 1997
#AB97-076
B. Minutes of Meeting -- April 9, 1997
#AB97-077
M/S/C/U(McConnell/Montgomery) 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.
M/S/C/U(Colvin/Montgomery) on April 16, 1997, the Council does
approve for payment those vouchers included and further described
as follows: 207833 through 207836, 207837, 207850 through 207863,
207864 through 208093 in the amount of $449,337.21.
COUNCIL MEMBER REPORTS
Mr. Colvin acknowledged the recent accomplishment by pro golfer
Tiger Woods. He congratulated the City of Port Orchard on their
recent action to proclaim Martin Luther King Jr. Day a holiday in
their City.
Mr. Law reported on a well attended District #3 Neighborhood
Meeting the evening of April 15, which involved an open house and
formal presentation on the replacement of the Manette Bridge by the
Washington State Department Of Transportation (WSDOT). A second
Open House on this same issue will be held on April 17, 1997, 6:00
- 8:00 P.M., at the Bremerton High School.
TAPES #1455, 1456, 1457
City Council Reg. Mtg. Minutes
April 16, 1997
Page 2 of 10
Mr. Overson commented on the Swing City Committee's flower barrel
beautification project in the downtown area.
Mr. Neville reminded everyone the City's Spring Clean Up event for
disposal of yard waste is underway and will continue through April
19. In addition, the Olympic View Land Fill is accepting, from
Bremerton residents, mattresses and upholstered furniture at 1/2
the normal cost through April 19.
Mr. winters stated it was good to be back in Bremerton after his
recent visit to Boulder City, Nevada, which has a population of
14,000, a city Manager form of government, five city Council
members, who are paid $875.00 per month. He wished his father a
belated "Happy April 14 Birthday". Lastly, the Ad Hoc
Telecommunications Advisory Committee met on April 14, where they
outlined the Committee's objectives and discussed the City of
Phoenix's telecommunication ordinance, which may be used as a model
in the development of an ordinance for the City of Bremerton.
Mr. Montqomez7 encouraged West Bremerton residents to attend the
WSDOT's meeting on the replacement of the Manette Bridge scheduled
for April 17. He emphasized contrary to what people say, the State
has not made a final decision for the replacement of the Manette
Bridge and the new bridge will remain in the State's control. On
Monday evening he attended a meeting on the Pacific Gateway option.
That meeting was well attended and lots of good questions were
presented from the public, which will be taken into consideration
by Kitsap Transit. The Save The Missouri Committee is still
working to retain the USS Missouri in Bremerton. The City of San
Francisco filed a protest in Washington D.C., over the Navy's
decision about the relocation of the Missouri, which was protested
by the Navy. The Government Administrative office (GAO) will be in
Bremerton on April 22 to look into that matter.
Mr. F&rr reported he attended the first of the evening meetings of
the Kitsap Regional Coordinating Council on April 15. The decision
to move the meetings from daytime hours to evening hours was made
in order that members of the public could attend. Those meetings
are open to the public and he anticipates they will be televised
in the near future. He and two other Council members were part of
the Chamber of Commerce's tour, via Majestic Tours, to Mt. Vernon
and LaConnor on April 12.
PUBLIC RECOGNITION
Tom Dorto~, Bremerton resident, handed out a drawing that depicted
the width of his street and what the configuration would be if the
street were widened by incorporating the planting strips into the
roadway. He asked that the City conduct a study to determine if
J
TAPES #1455, 1456, 1457
City Council Reg. Mtg. Minutes
April 16, 1997
Page 3 of 10
widening their street is feasible toward solving their parking
problems.
Don Atkinson, Image Trends, announced on April 21, 6:00 P.M., at
the All Star Lanes in Silverdale, the Bremerton Athletic Roundtable
will honor Mert Crescent, one of the premier athletic figures in
this community over the past 40 years. He introduced Jan Rickey of
International Entertainment. Jan Rickey gave an overview of the
company she represents and invited the public to attend future
entertainment events planned for the Best Western Bayview Inn Dome.
Emily Moshay announced following the last Council meeting the Swing
City committee sold five more flower barrels, one of them being
purchased by the Rosemary Moen Headstart Center.
Tanya Vauqhn, Bremerton Resident, expressed her frustration over
the lack of response by the Bremerton Police Department in helping
her to reclaim items that were stolen from her on March 7. She
provided the names of the individuals involved in the theft and
their whereabouts, but no action has been taken to pursue this
issue. She pleaded with the Council for any kind of help that
would get her property returned since she is self-employed and
needs the equipment to perform her work and provide her an income.
Robert Schneidler, President Admiral Theater Foundation, announced
the following upcoming events: (1) April 26 - March Of Dimes Walk
America; (2) April 26 - Christmas In April; (3) April 26 - Downtown
Art Walk; (4) May 1 - Grand Opening of the Admiral Theater.
Carol Atkinson, Bremerton Main Street Association, reminded
everyone of the Art Party that will take place the evening of April
26 at the Admiral Theater. She announced the next set of
'inscribed granite blocks and bricks will be installed on the
Boardwalk this spring. Information on the granite block/brick
program can be obtained on the boardwalk or through the Main Street
Office.
Don Larson, President Kitsap Diving Association, invited the public
to participate in the sinclair Inlet Clean Up and Marine Fair on
April 19, 1997. In his opinion, if the USS Missouri cannot remain
in the Bremerton area, he was hopeful another ship could be secured
that would be of historical significance. He noted an underwater
park bill was still pending in the State Legislative session and
encouraged members of the public to call their legislators lending
their support to that proposal.
Charlie Brown, Bremerton resident, complimented City Employee Jim
Bruns on the service he provided when Mr. Brown requested the City
TAPES #1455, 1456, 1457
City Council Reg. Mtg. Minutes
April 16, 1997
Page 4 of 10
clean up gravel on the street in front of his home following the
completion of a construction project.
Ward Kobe announced Friends of the Downtown Library are sponsoring
a "Book Drive" (used or new), which will go on sale May 15, 16 and
17, at a new gallery on 4th Street. He also announced the Kalakala
Foundation is working toward restoring the Kalakala, which is
located in Kodiak, Alaska; and the Foundation is establishing an
office on Pacific Avenue. The public is invited to an informative
dinner on May 6, 1997, 6:15 P.M., at the Eagles Club, on Washington
Avenue. The Foundation's phone number is 792-0054.
7A - ORDINANCE ~4592 (SECOND READINH) AMENDINH THE PLANNED UNIT
DEVELOPMENT SECTION OF THE BREMERTON gONINH CODE, B.M.C. 21.02.340,
~AB97-076
Ian 8ievers, City Attorney, briefly reviewed the three amendments
made to the ordinance when approved at first reading.
Public comment - none.
#1177
M/S/C/U(Colvin/Montgomery) to pass Ordinance #4592, as previously
amended, on second reading, amending Sections 21.02.350 through.550
of the Bremerton Municipal code, pertaining to procedures and
standards for Planned Unit Developments.
8A - PUBLIC HEARINH ON WATER FLUORIDATION, ~AB97-079
City council as been approached to consider the implementation of
water fluoridation in the City of Bremerton water distribution
system. Water fluoridation is a public policy decision, this
public hearing is requested to gather input from water customers of
the City of Bremerton.
Presi4ent Fart stated Council will hear public testimony at this
time and take no action; however this issue will be on the April 23
Council Agenda for Council action. The three options to be
considered will be: (1) no action; (2) implement fluoridation in
the City's water system; (3) refer the issue to the public as a
ballot measure in the fall.
President Farr outined the procedure to be following during this
hearing: 10-minute opening statement by the proponents of
fluoridation; 10-minute opening statement by the opponents of
fluoridation; public comments - limiting it to 3-minutes per
person; 5-minute wrap up by opponents; 5-minute wrap up by
opponents.
Bill Enqer, Chairman KitsapCares Partnership, gave a brief history
TAPES #1455, 1456, 1457
City Council Reg. Mtg. Minutes
April 16, 1997
Page 5 of 10
of the formation of KitsapCares Partnership in 1994, that involved
United Way of Kitsap County and key members of the community.
Their primary goal was to contribute to an ongoing system of
planning for future problem solving. Their efforts involved
conducting a county-wide needs assessment survey with the intention
of gathering new information to address the urgent problems and
human needs affecting the community. That survey surfaced a lack
of access to affordable dental care for low income citizens of
Kitsap County. Kitsapcares Partnership concluded that several key
initiatives were essential to achieve that goal, which included
prevention, education, treatment and emergent services. In turn,
they explored progressive steps in each of those areas and in doing
so, determined that one of the most cost effective steps to take is
to promote prevention benefits of safe fluoridation of public water
systems generally with a specific focus, at this time, on
implementing community fluoridation in the City of Bremerton. Mr.
Enger views such a step making Bremerton a more liveable community.
Lastly, he asked that the KitsapCares Partnership members, and all
other in support of fluoridation to stand and be accountable in the
audience (it was noted a large number of those in attendance were
recognized).
Dr. Wesley ~anson, D.D.S., Bremerton-Kitsap County Health District,
displayed a photograph showing a child suffering from dental
disease and emphasized many times fluoridation is something that is
talked about in conceptual form, but we don't realize the impact
that tooth decay has on children's teeth. Such a condition is not
uncommon for children living in Bremerton. Dr. Hanson has worked
with the Health District since 1990, and a general dentist
practicing since 1981. Since 1990, he has had the opportunity to
examine many children and adults' teeth. He felt it was important
to note that fluoridation is not the same things as fluoride in any
form or concentration, it is a measure that adjusts the level of a
beneficial nutrient in the water to a level of 1 part per million.
During this hearing he anticipates Council will hear many
discussions about different things associated with fluoride, but
not with fluoridation and he asked that Council members make that
distinction during this discussion. He has examined many children
in Bremerton schools as a worker in public health in Kitsap county,
which helped him produce the following information: 1993 he visited
Kitsap Lake Elementary School, Westhills Elementary School,
Crownhill Elementary School, Naval Avenue Elementary School and
Olympic View Elementary School, which had extremely high
enrollments of children that live in very low income families
(greater than 55% of the children in those schools were in the
"free lunch" program, which means those families do not have means
to pay for a lot of dental care). In 293 fifth grade children
(ages 10-12), 27% overall needed either urgent or emergency dental
TAPES #1455, 1456, 1457
City Council Reg. Mtg. Minutes
April 16, 1997
Page 6 of 10
care. He found that 35% of the low income children needed either
urgent or emergency dental care as opposed to 18% of the upper
income children. When he asked the children how frequent they see
a dentist, 20% of the lower income children reported they had not
seen a dentist in the past two years. The impact on this is 42% of
the children from the low income families experienced decayed first
molars as opposed to 28% of the childlren from the upper income
families. In 1995 he revisited those schools and gathered the
following data from Westhills elementary School: (1) in examining
40 childlren (2nd grade level - 8 years) he found one young lady
who did not have one remaining first molars - all four had been
extracted because of decay and the time was only 2-years from when
they erupted in the mouth. 54% of the children were in the "free
lunch" program and 50% had decay in their primary teeth and 18%
already had decay in their permanent teeth. He re-emphasized based
on the examinations of children living in Bremerton there is a lot
of dental disease. He pointed out people living in communities
with fluoridation experience much better over all health. In a
typical community that is not fluoridated by the age of 17 the
average teenager will have 11 decayed, missing and filled teeth as
opposed to a fluoridated community where there would be one half or
two thirds less or fewer cavities. One out of five children in a
fluoridated community will have absolutely no decay. Therefore,
fluoridation is a wise investment for our community. In
conclusion, Dr. Hanson pointed out fluoride is a mineral that
remineralizes the tooth surface and heals the early decay. He
emphasized fluoridation is a community measure that can be very
beneficial and it is our responsiblity to care for the health of
the citizens. A vote in favor of implementing fluoridation will
not only reduce dental decay, but it will help those family that do
not have access to dental care.
Paul Drnjevic, Citizens for Safe Water, questioned why a public
hearing was being held to consider putting this very individual
personal choice matter of using fluoride on a ballot. He
challenged Dr. Hanson's comments that the issue is fluoridation,
not fluoride, in his opinion it is the same. He noted dentists do
admit that fluoride may cause dental fluorosis (mottled teeth) in
some kids. He guessed that was acceptable because it can be
covered over...do you know of any other profession that gets paid
to cover up their mistake? He acknowledged the City council
wanting to show openness to the constituents - the people, but to
his knowledge putting fluoride into the public water system has
never been brought up by the people - the constituents, neither to
this City Council nor to any other Council or any Water District.
So, who wants to fluoridate? It seems it is always brought up by
the Health Department and the dentists as a way to help poor kids.
Has anyone asked their parents if they want fluoride? And, it
TAPES #1455, 1456, 1457
City Council Reg. Mtg. Minutes
April 16, 1997
Page 7 of 10
seems it is always terribly urgent. Fluoride doesn't belong in the
water, it is mass medical treatment in violation of human rights,
constitutional individual liberty and medical ethics. Those who
advocate fluoridation discredit themselves with their own false
statements: ...they say fluoride is a nutrient - it is not;
...they say it reduces tooth decay - it does not; ...they say it is
safe for everyone - it is not; ...they say it is approved by the
FDA - it is not; ...they say that those who criticize fluoridation
are phonies and fanatics, but the fact is the proponents of
fluoride are the purveyors of untruth.
People all over the world are waking up to the fluoridation fraud -
this dumping of a highly toxic, highly corrosive, raw industrial
waste into water supplies to contaminate our bodies and our
environment. Fluoridation is banned in all of continental Europe,
Japan never implemented it and all of Long Island in New York state
stopped fluoridation. Voters in the United States and Canada are
making moves to get fluoride out of their water. Mr. Drnjevic
cited Thalidomide, DDT, 2-4-5T, leaded gasoline and other drugs and
products have been tested in the United States and ended with
horrifying, sickening, disfiguring results, which shows the medical
complex has been wrong before, yet it has taken years to prove it.
Over 400 signatures were gathered in approximately
supporting keeping Bremerton's water fluoride free
believed that many more will be willing to sign
supporting this position.
five days
and it is
a petition
Mr. Drnjevic cited the 1986-87 National Institute Of Dental Research
under the U.S. Public Health Service that disputed the theory that
the least fluoridated region would result in children having the
most cavities. He pointed out the map provided to Council
substantiated the fact there is no difference in the number of
cavities in children between fluoridated and non-fluoridated areas.
Also, he cited data that indicated in England Colgate-Palmolive
made a payment for mottled teeth (dental fluorosis) cause by their
toothpaste.
He challenged the Council for holding a Study Session to hear
promoters of fluoridation, but refused to hold a Study Session to
hear the reasons for not adding fluoride. Citizens For Safe Water
requests the City council recognize that fluoride treatment is a
matter of personal choice and private health decisions, it is not
a matter of politics to be decided by the Council, or by a popular
vote of the people.
The following individuals spoke in support of fluoridation: Dr. C.
W. ,,Bill,, Bie4el, Bremerton resident and retired Pediatrician (35
TAPES #1455, 1456, 1457
City Council Reg. Mtg. Minutes
April 16, 1997
Page 8 of 10
1/2 yrs. service in Bremerton; Linda Kroum, Bremerton resident; Dr.
William Underdown, President Kitsap Medical Society; Bill Walqren,
Bremerton resident; Carol Bruce, Washington State Dental
Hygienists; Tom Swanson, Bremerton resident and former City of
Bremerton Commissioner of Public Works; Dr. Peter Domoto D.D.S.
M.P.H., University of Washington; Dr. Doug Fogle D.D.S.; Dr. R.
Bruce Robinson D.D.S., Bremerton resident; Pete Crane, United Way
Of Kitsap County; Sail $. Hiestand, KitsapCares Partnership and
Division Of Aging and Long Term Care; Sheila Crofut, former
Bainbridge Island City Council Member; Dr. Nicholas Skalabrin
D.D.S., Port Orchard; Wa11y Voltz, Bremerton resident; Dr. Linda
Bartram, Kidney Specialist/Bremerton (Kitsap County Kidney Center);
Dr. Mel Belding, KPS Medical Director; Linda Mullins RDH, Old
Belfair Highway; Janet English, Bremerton resident; Chuck Salmon,
Bremerton resident and representing Group Health; Dr. Ed
Tegenfeldt, Kitsap Community Health Center; Ben Belcher, Kitsap
Community Health Center Board of Directors; Anna Laurie, Bremerton
resident, Bremerton Attorney and member of KitsapCares Partnership;
Dr. Tamera Schille, Harrison Hospital Department Of Pediatrics; Dr.
~llan Hablutzel D.D.S. Bremerton practice; Dr. Mike Kulkowski
D.D.S.., Kitsap County Dental Society; Diane Bradshaw, Bremerton
resident;
Comments from the above listed speakers in favor of fluoridation
are recorded on cassette tapes #1455, #1456, #1457.
The following individuals spoke in opposition to fluoridation:
Philip M. Heggen, Bremerton resident; Marc A. Benz. Bremerton
resident; Dr. Stephen N. Clark, Chiropractic; ~loria Drnjevic,
Bremerton resident; Lauralee Hanson, Bremerton resident; Stefanie
~oebel, Belfair resident; Steve Swanson, Bremerton resident; Dr.
Roy E. Hanford, Physician/shelton, WA.; Laura Robinson, Bremerton
resident;
Comments from the above listed speakers in opposition to
fluoridation are recorded on cassette tapes #1455, #1456, and
#1457.
Janet Nagel, Bellingham representing Washington Fluoride Alert,
made the closing opposing remarks. The following issues were
highlighted: Medical and Dental professions label people opposed
to fluoridation as "kooks". Most recent data from a toxicologist
at Harvard University (Phyllis Mullenix) came up with evidence that
fluoride does affect and injure the central nervous system. An
attempt was made to suppress her data, but she felt as a scientist
she was compelled to speak out, which resulted in her losing her
appointment at that educational institution. During this hearing,
many people expressed their opinion in the form of antidotes as how
TAPES #1455, 1456, 1457
city Council Reg. Mtg. Minutes
April 16, 1997
Page 9 of 10
they had seen much less tooth decay after application of
fluoridation. She reminded everyone to remember that tooth decay
has been declining steadily everywhere in the developed countries
for the past 50 years. If one compares a fluoridated with a non-
fluoridated area the rate of tooth decay declines is the same. Dr.
Domoto of the University of Washington was the author of a study
published in 1995 that found no significant difference in tooth
decay rates in the State of Washington between the fluoridated
areas and non-fluoridated areas. That same study showed that the
tooth decay rate in Kitsap County, right now, is half the rate of
fluoridated Seattle. She believes the emphasis on tooth decay and
the tooth paste advertising has encouraged more people to pay
attention to tooth hygiene, which along with a proper diet has
brought about the decline in tooth decay. She pointed out
fluoridation is not a public health program, but a toxic waste
disposal program. She based that remark on a letter from an
official from the Environmental Protection Agency (EPA), stating
that is their position. The fact that the FDA cannot give drug
approval to fluoride means that the claims of safety and
effectiveness are not true. If they were true, fluoride would be
an approved drug. Ms. Nagel emphasized it is not the place of the
City Council or general electorate to rule on a question of
science. The scientific controversy that has raged for half a
century makes it clear that the decision to use or not use fluoride
belongs in the hands of individuals. In a free society there is no
ethical or political justification for using a public water system
supply to dispense fluoride or any other medical treatment.
Dr. Duke Byrson D.D.S., practicing general dentist, made the
closing remarks for those in support of fluoridation. The
following issues were highlighted: Dr. Byrson was familiar with
Dr. Domoto's study, which was not designed to look at whether
fluoride was affective or ineffective, it was simply designed to
look at the rate of decay in each County within the State and the
protocol necessary to separate out whether or not fluoride was a
factor in reducing decay was not adhered to in that study. In
order to have such an effective study to look at the question
whether fluoride is effective, it would require age, mass
populations, the rate of dental care, diets, etc.. The points made
about Dr. Domoto's study were not valid from a scientific basis.
In his opinion, the scientific data presented by those speaking in
opposition was prejudice and not in a position to appreciate the
distortions that have gone in some of the claims, i.e. fluoridation
causes cancer, hip fractures, etc.. The legitimate scientific
community is very much in agreement that there are no adverse
health consequences from optimal fluoridation in community water
systems. He asked the city Council to give the same consideration
to the qualifications of the medical doctors, dentists and other
TAPES #1455, 1456, 1457
city Council Reg. Mtg. Minutes
April 16, 1997
Page 10 of 10
health professionals, who spoke during this hearing, to judge this
scientific question the same way as they depend upon them to judge
the other scientific questions for medical and dental care every
day.
President Farr thanked the TV camera crew for their services: Rob
Rupe, Jamie Campbell and James Noble Jr.
With no further business meeting adjourned at 8:55 P.M.
KATHLEEN L. McCLUSKEY, City Clerk
DAVID D. FARR, Council President
City of Bremerton
KLM/DDF/me
cc: Normal Distribution
File/Vault
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT:
Appointment to the Housing
Authority Board
FOR AGENDA OF: April 30, 1~7
ORIGINATING DEPT: Executive
ORIGINATOR: Mayor HortQB
DATE SUBMITTED: April 23, 1997
2. fj~: (comment on back
if necessary)
3. ~XHIBITS:
Application for Appointment
MAYoRENDORSEMENT~ '~-- ~ORMATION __
COUNCIL PRESIDENT
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
There is a vacancy on the Housing Authority Board due to the resignation
of John Steffens. It is recommended the vacancy be filled by Julie Evalt
Adams.
8. RECOMMENDATION:
Motion to confirm the appointment of Julie Evalt Adams to the Housing
Authority Board.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE:
AMENDED
11. AGENDA BILL NO:
2. CLEARANCE CO~MENTS:
5. IMPACT ON NON-PASSAGE:
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
7. RESEARCH SOURCES:
CITY OF BREMERTON
APPLICATION ~-OR CITY BOARDSIC'OMMISSIONST"COMMITTEE
NOTE:
As an applicant for a City Board, Commission or Committee, your name, address, and
telephone number will be available to the press and public. You will be contacted before
any action is taken on your appointment.
(Please type or print clearly)
NAME: ~'~,~.~--/' ~"- ~../~,~7-
HOME ADDRESS: /7~/
occuPAT O.:
DATE: / ~"//~',/,~' ~
PHONE: .'~ ~..~, ,.~ '~.. 4/ (H)
/ (w)
EDUCATION:
PROFESSIONAL/COMMUNITY ACTIVITIES:
LOCAL REFERENCES (name & phone number):
I AM INTERESTED IN SERVING ON (please check one or more):
( ) Disability Acticn Committee
( ) Civil Service Commission (18 yrs. & older)
( ) Urban Forest Committee
( ) Cable Communications Advisory Committee
,~ Community Development Block Grant
Advisory Committee
Youth Council
Safe Streets ,Steering Committee
Planning Commission (18 yrs.& older)
Parks & Recreation Commission
Ethics Commission
Parking Advisory Board
Solid Waste Management
Bremerton Housing Authority
Board of Appeals, Housing/Building Codes
Special Committees as needed
Is this an application for reappointment?
If yes, how many years have' you served on this commission/committee?
PLEASE RETU ,RN TO:
Mayor's Office
239 4th Street
Bremerton, WA
S~'atu r e- -
98337
Applications be renewed periodically to determine continued availability.
information may be put on back. //4
Additional pertinent
SUBJECT:
Planning Commission: Reappoimments
for Larry Stone and Barbara Boyd
AGENDA BILL
BREMERTON CITY COUNCIL
'FOR AGENDA OF: ¥ - .~ -?'7
ORIGINATING DEPT: DCD ,2 ~__~.A6r~r_
ORIGINATOR: Donald L. Pr~tt~:,/~~
DATE SUBMITTED:
e
CLEARANCES: (Con~,,, o. backffnecezaar2.')
ENDORSEMENT
MAYOR~
INFORMATION
3. ]gXHIBIT$:
A. Current Roster
4. SUMMARY STATEMENT AND REOUIREMENTS FOR COUNCIL ACTION;
Planning Commissioners are nominated by the Mayor and confirmed by the City Council (BMC 2.12.010). Their terms are normally four
years with a reduction in members from nine to seven in 1996 and with a need to maintain staggered term expiration; several member's
terms were shortened. Mr. Stone and Ms. Boyd are two members whose recent terms were shortened to maintain the stagger and whose
terms are currently expiring.
The Mayor nominates Mr. Stone and Ms. Boyd for new four year terms.
RECOMMENDATION;
Motion to confirm the reappointments of Larry Stone and Barbara Boyd to new four year terms.
RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE: N/A
REVIEW DATE: 2001
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTIO~N
APPROVED DISAPPROVED AMENDED
DATE:
11. AGENDA BILL NO.: q 7- 0 ~ 7
2. CLEARANCE COMMENTS;
IMPACT OF NON-PASSAGE;
These positions will remain vacant until future nominations are confirmed by Council.
6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EOUIPMENT OR OTHER RESOURCES;
RESEARCH SOURCES:
Bremerton Municipal Code.
AGBILL.421
[7
BREMERTON PLANNING COMMISSION . 1997
DATE TERM
POSITION MEMBER OCCUPATION APPOINTED EXPIRES
1. DONNA R. ADAMS Information Specialist 2/28/96 2/1/00
1235 Eighth Street (206) 515-3438 (W)
Bremedon, WA. 98337 373-1832 (H)
3. JOAN DINGFIELD Admin. Asst. Superintendent of Schools 6/21/95 6/21/98
1904 Perry Ave. Bremerton School District
Bremerton, WA. 98310 478-5105 (W) 373-1971 (H)
5. WAYNE OLSEN Olsen's Sheet Metal 4/1/95 4/1/99
525 Lebo Blvd. #5 373-0422 (W)
Bremerton, WA. 98310 373-6169 (H)
13/23/94 : 4/1/97
BILL D. ROBINSON Retired Engineer 2/15/95 4/1/98
2130 Fifth Street 377-7548 (H)
Bremedon, WA. 98312
Revised 2/28/97
PCADDR. DOC.
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT: Governmental Services
Agreement with Westsound
Community Access Television
FOR AGENDA OF: 4/30/97
ORIGINATING DEPT: Admino Svcs.
ORIGINATOR: K. McCluskey
DATE SUBMITTED:
2. ~: (~Qe~nt on back 3. EXHIBITS
~~Cessary)
AttorneL--~~--'~ ~
~YoR %~ ~, ~ cOUNCTT. PRESIDENT ~_~
4. SUMMARY STATEMENT AND REOUIREMRNT FOR COUNCIL ACTION:
The attached agreement covers payment for services received for the
period 1/1/97 to 3/31/97.
8. RECOMMENDATION:
Motion to approve agreement with Westsound Community Access Television
for payment for services.
RESPONSIBLE OFFICIAL: Admin. Svcs.
ENFORCEMENT OFFICIAL: Admin. Svcs.
EXPIRATION DATE:
REVIEW DATE:
PULLED__ TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE:
11. AGENDA BILL NO: ~7--~ ~
CLEARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont.):
5. IMPACT ON NON-PASSAGE:
6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EOUIPMENT OR OTHER RESOURCES
7. RESEARCH SOURCES:
GOVERNMENTAL SERVICES AGREEMENT
BETWEEN
CITY OF BREMERTON
AND
WESTSOUND COMMUNITY ACCESS TELEVISION
This agreement is made this ~day o£ ~ 1997 by and between the City o£
Bremerton, a municipal corporation, and Westsound Community Access Television, a
nonprofit corporation (WCAT) who agree as follows:
Section 1. Scope
WCAT is a nonprofit benefit corporation formed to develop and promote the
concept of public access to existing and future telecommunications media in a manner that
promotes a free exchange of ideas and information. WCAT serves the public by providing
public, educational and government access programming and services. The City desires to
purchase the following governmental access services from WCAT:
1. Regular Productions:
Inside Bremerton - Aired 3 times per week/2 shows per month/one hour
Critter Connection - Aired 2 times per week/2shows per month/30 minutes
City Council Meetings - twice weekly/one live, one replay
2. Public Service Announcements:
All city departments as needed.
3. Community Outreach:
Concerts on the Boardwalk
Concerts in the Park
Bremerton Blackberry Festival
4. Town Forums
As Requested
5. Single episode special programming
Committee and Commission meetings as requested.
Section 2. Funding
The City agrees to pay WCAT the sum of Seven Thousand Five Hundred Dollars
($7,500.00) for governmental access services previously provided for the period January
1, 1997 to March 31, 1997. There is no obligation for future payments to WCAT
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date written above.
CITY OF BREMERTON
WESTSOUND COMMUNITY ACCESS
TELEVISION
By: By:
Date: Date:
AGENDA BI. LL
BREMERTON CITY COUNCIL
1. SUBJECT: CALLOW AVENUE BASIN
CSO - PRIORITY 2 CONSTRUCTION,
ACCEPTANCE OF CENTENNIAL CLEAN
WATER FUND LOAN (NO L9700047
2. CLEARANCES: (Comment on back
__ .if neqessary)
Direct~fl?jl~li~orks &'"Utilities
City_ Tre. asurer .~-- .... r-V '
Co ~ ~~~~~u~ll~ittee
- ,~cil Ooerations Committee
Co nm Operations Committee
FOR AGENDA OF: April 30, 1997
ORIGINATING DEPT: Public Works & Utils
Witt, City Eng.'f~
ORIGINATOR:
R.
DATE SUBMITTED: April 14, 1997 \
3. EXHIBITS:
1. Resolution # .~Sq ~
2. CCWF Loan vs. Bond Cost Comparison
3. Loan Agreement
ENDORSEMEN I INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
COUNC
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City applied for and received a Centennial Clean Water Fund (CCWF) loan in the amount up to $828,000 for
construction of the Callow Avenue Basin CSO Reduction Project, Priority 2 improvements. The loan is to be paid
back over 5 years with no interest. The attached Resolution accepts the loan and authorizes the Mayor to sign all
documents relative to the loan.
5. RECOMMENDATION:
The City Council pass attached Resolution # ~5'q'~ accepting the loan and authorize the Mayor to sign all
documents relative to the loan.
PULLED [1 TABLED [l
COUNCIL DIRECTIVE;
9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util
ENFORCEMENT OFFICIAL: Director Pub Wks & Util
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
APPROVED [] DISAPPROVED [] AMENDED []
(OVER)
11. AGENDA BILL NO.:
q7- Ogq
2. CLEARANCE COMMENTS:
3. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation
5. IMPACT ON NON-PASSAGE:
The loan funds will not be available for City use and other funding will be required to perform this work.
IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT AND OTHER RESOURCES:
t~5!afflag~ No impact.
~ See attached comparison.
Facilities/Equipment: No impact.
7. RESEARCH SOURCES:
RESOLUTION NO. ~'~-~-q 3
A RESOLUTION authorizing the Mayor to sign all applications,
agreements and amendments, and other documents relating to
Centennial Clean Water Fund Loan documents, for the Callow Ave Basin
CSO Priority 2 Project (CCWF Loan No.L9700047)
WHEREAS, the City of Bremerton developed a plan for and is undertaking a program of
construction relating to Combined Sewer Overflow (CSO) Reduction in the Callow Avenue Basin
and,
WI-IEREAS, for the City of Bremerton such project being necessary to address the needs of
the area and to protect the health, safety, and well being of the people; and,
WHEREAS, the plan was developed in accordance with the requirements of
WAC 173-245, and sets forth facilities required to be constructed to serve the needs of the area;
and,
WHEREAS, the construction costs of the Callow Avenue Basin CSO Separation Project,
Priority 2 facilities in accordance with the plan are eligible for State funding; now, therefore,
BE IT RESOLVED, BY THE BREMERTON CITY COUNCIL THAT
SECTION 1: The Mayor is duly authorized to sign applications, loan agreements and
amendments, and other documents relating to Callow Avenue Basin CSO Priority 2, Project
Construction Loan.
Passed this
day of April, 1997, by the City Council of the City of Bremerton
David Farr, President
Bremerton City Council
97219\bk
CITY OF BREMERTON
WASTEWATER UTILITY
COST OF FUNDS COMPARISON CCWF LOAN vs REVENUE BONDS
YEAR
CCWF LOAN *
REVENUE NPV
BOND** SAVINGS SAVINGS***
1998
1999
2000
2001
2002
2003
2004
2005
20O6
2007
2008
184,000
184,000
184,000
184,000
92,000
46,782 46,782 45,419
46,782 46,782 44,097
46,782 (137,218) (125,574)
46,782 (137,218) (121,916)
46,782 (137,218) (118,365)
46,782 (137,218) (114,918)
46,782 (45,218) (36,766)
46,782 46,782 36,930
46,782 46,782 35,855
46,782 46,782 34,810
874,782 874,782 631,961
TOTAL 828.000 ~ 514.602 311.532
* CCWF Loan in the amount of $828,000 is level principle, zero interest for 7 yrs.
** Assumes revenue bonds would have been "wrapped around" existing bonds;
$828,000 at 5.65% maturing in 2008.
*** Future savings discounted at 3% per year.
April 3, 1997
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
P.O. Box 47600 · Olympia, Washington 98504-7600
(360) 407-6000 · TDD Only (Hearing Impaired) (360) 407-6006
Mr. Randy Witt
City Engineer
City of Bremerton
239 - 4th Avenue
Bremerton, WA 98337
Dear Randy:
Re:
Washington State Water Pollution Control Revolving
Fund Loan Agreement No. L9700047
Callow Avenue Basin CSO - Priority 2
Enclosed are three unsigned copies of the Washington State Water
Pollution Control Revolving Fund Loan Agreement No. L9700047
between the Department of Ecology and the city of Bremerton for
the Callow Avenue Basin CSO-Priority 2 project.
Please review the agreement and if it is acceptable have the
city's legal counsel sign page 18 of all three copies and obtain
the rest of the city signatures on page 19 of all three copies.
Return all the copies to me and once our Program Manager signs,
one copy will be returned to you for your file. As a reminder,
per our phone conversation, a copy of the City's authorizing
resolution (mentioned on page 3, Part III. A.) needs to be
attached to each copy of the agreement
If you have any questions, please call me at (360) 407-6549.
Sincerely,
Karen M. Beatty
Financial Manager
Water Quality Program
Enclosures
cc:
Mike Dawda, Ecology/WQP/NWRO
Loan File
WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND
LOAN AGREEMENT
BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND THE
CITY OF BREMERTON
THIS is a binding loan agreement entered into by and between the state
of Washington, Department of Ecology, hereinafter referred to as the
"DEPARTMENT" and the city of Bremerton, hereinafter referred to as the
"RECIPIENT." The purpose of this agreement, hereinafter referred to as
the "Agreement or Loan" is to provide funds to the RECIPIENT to carry
out the activities described herein.
GENERAL INFORMATION
Project Title:
Callow Avenue Basin CSO - Priority 2
Loan Number:
L9700047
RECIPIENT Name and Address:
City of Bremerton
239 - 4th Avenue
Bremerton, WA 98337
RECIPIENT Contact
and Telephone Number:
Randy Witt
(360) 478-5348
RECIPIENT Federal ID Number: 91-6001231
DEPARTMENT Address:
Water Quality Program
Washington State Department of Ecology
PO Box 47600
Olympia, WA 98504-7600
DEPARTMENT Project Manager
and Telephone Number:
Mike Dawda
(206) 649-7027
DEPARTMENT Financial Manager Karen M. Beatt¥
and Telephone Number: (360) 407-6549
DEPARTMENT Funding Source:
Washington State Water Pollution Control
Revolving Fund (SRF)
Total Project Cost
Total Eligible Project Cost
Loan Amount
$911,000
$911,000
$828,000
Subject to all of the terms, provisions, and conditions of this
Agreement, and subject to the availability of federal and state funds,
the DEPARTMENT will loan the sum of eight, hundred and twenty-eight
City of Bremerton
Callow Avenue Basin CSO - Priority 2
Loan No. L9700047
thousand dollars ($828,000), herein referred to as the Loan Amount, to
the RECIPIENT. (The final loan amount may vary according to the terms
herein, depending upon disbursements and accrued interest.)
Interest Rate:
Term of Loan:
The interest rate shall be -0- percent per annum.
The term of the loan shall be five years.
The effective date of this Agreement shall be the date this Agreement
is signed by the DEPA/~TMENT's Water Quality Program Manager. Any work
performed prior to the effective date of this Agreement without prior
written authorization will be at the sole expense and risk of the
RECIPIENT.
This Agreement shall remain in effect until the date of final repayment
of this Loan, unless terminated earlier according to the provisions
herein. Any changes, additions, and/or deletions in the Scope of Work
shall require a formal amendment to this agreement.
TABLE OF CONTENTS
PART I.
PART I I.
PART III.
PART IV.
PART V.
PART VI.
PART VI I.
PART VIII.
PART IX.
PART X.
PART XI.
PART XII.
PART XIII.
PART XIV.
Page
PROJECT DESCRIPTION ............. 3
PROJECT BUDGET ............... 3
AUTHORITY .................. 3
REPAYMENT AND SECURITY PLEDGE ........ 4
RECIPIENT'S COVENANTS AND AGREEMENTS .... 5
ESTIMATED PROJECT COMPLETION SCHEDULE .... 7
DISBURSEMENTS ................ 7
REPAYMENTS ................. 7
LOAN DEFAULT ................ 9
SCOPE OF WORK ................ 10
SPECIAL TERMS AND CONDITIONS ........ 13
INCORPORATION OF DOCUMENTS ......... 16
ALL WRITINGS CONTAINED HEREIN ........ 16
OPINION OF LEGAL COUNSEL .......... 18
SIGNATURE PAGE ............... 19
ATTACHMENT 1.
ATTACHMENT 2.
ATTACHMENT 3.
ATTACPIMENT 4.
DEFINITIONS FOR LOAN AGREEMENTS
GENERAL TERMS AND CONDITIONS PERTAINING TO
GRANT AND LOAN AGREEMENTS
LOAN REPAYMENT SCHEDULE
AUTHORIZING RESOLUTION
Page 2 of 19
City of Bremerton -
Callow Avenue Basin CSO - Priority 2
Loan No. L9700047
PA/~T I. PROJECT DESCRIPTION
This project consists of designing and constructing a separate storm
drainage system in the lower portion of the Callow Avenue Basin. The
area of separation is bounded by Yantic Avenue on the west, Callow
Avenue on the east, First Street on the north, and Preble Street on the
south. New storm drainage mains are expected in Preble, Porter,
Farragut, Rogers, and Coontz streets. These mains will vary in size
from 12" to 27" in diameter and include manholes and catch basins with
leads.
PART II. PROJECT BUDGET
Elements Total Total SRF Loan
Project Eligible Amount
Cost Project
Cost
A. Design $ 83,000 $ 83,000 $ -0-
B. Construction Inspection 78,000 78,000 78,000
C. Construction 750,000 750,000 750,000
Source and Type of Funds for the ProQect.
SRF Loan (FY97) $828,000
Local Funds $ 83,000
Total $911,000
Federal/State/Local
PART III. AUTHORITY
This Loan is authorized by the RECIPIENT pursuant to the
Constitution and laws of the state of Washington, and laws
amendatory thereof and supplemental thereto, and the RECIPIENT's
authority and as evidenced by the attached duly adopted Resolution
(Attachment 4).
B. The RECIPIENT warrants the following:
It is a duly formed and legally existing municipal
corporation or political subdivision of the state of
Page 3 of 19
City of Bremerton -
Callow Avenue Basin CSO - Priority 2
Loan No. L9700047
o
Washington and has full corporate power and authority to
execute, deliver, and perform its obligations under this
Agreement.
There is no material adverse information relating to the
Project or this Agreement known to the RECIPIENT, which has
not been disclosed in writing to the DEPARTMENT.
No litigation is now pending or, to the RECIPIENT'S
knowledge, threatened, seeking to restrain or enjoin the
execution of this Agreement, or the fixing or collection of
the revenues, rates, and charges pledged to pay the principal
and interest on the Loan, or in any manner questioning the
proceedings and authority under which the Loan is authorized,
and neither the corporate existence or boundaries of the
RECIPIENT nor the title of the present officers to their
respective offices is being contested, and that no authority
or proceeding for the execution of this Agreement has been
repealed, revoked, or rescinded.
This obligation does not constitute a general obligation debt
of the RECIPIENT or the state of Washington.
PA/~T IV. REPAYMENT A/qD SECURITY PLEDGE
Nature of RECIPIENT'S Obligation. The obligation of the RECIPIENT
to make loan payments from the sources identified herein and to
perform and observe the other obligations on its part contained
herein shall be absolute and unconditional, and shall not be
subject to diminution by setoff, counterclaim, or abatement of any
kind.
Utility System Repalnnent and Debt Parity
Pledge of Net Revenues. Payment of this Loan shall be
secured by the Net Revenues of the Utility and such Net
Revenues are irrevocably pledged to the payment of the
principal of and interest on this Loan. The RECIPIENT may,
however, repay any portion of this Loan from any other funds
legally available to it for repayment. So long as the
DEPA1RTMENT shall hold this Loan, the RECIPIENT shall not be
entitled to, and shall not effect, an economic defeasance Or
advance refunding of this Loan.
Lien Position. This Loan shall constitute a lien and charge
upon the Net Revenues of the Utility prior and superior to
any other charges whatsoever, except that the lien and charge
upon such Net Revenues shall be junior and subordinate to the
Page 4 of 19
City of Bremerton ~
Callow Avenue Basin CSO - Priority 2
Loan No. L9700047
lien and charge upon such Net Revenues of any Senior Lien
Obligations.
PA/~T V. RECIPIENT'S COVENANTS AND AGREEMENTS
Ae
Acceptance. The RECIPIENT accepts and agrees to comply with all
terms, provisions, conditions, and commitments of this Agreement,
including all incorporated documents, and to fulfill all
assurances, declarations, representations, and commitments made
by the RECIPIENT in its application, accompanying documents and
communications filed in support of its request for a loan.
Accounts and Records. The RECIPIENT will keep proper and separate
accounts and records in which complete and separate entries shall
be made of all transactions relating to this Agreement.
Time of Essence. Time is of the essence and all terms and
conditions shall be of the essence of this Agreement.
Execution in Several Counterparts. This Agreement may be executed
in counterparts and each such counterpart shall for all purposes
be deemed to be an original, and all such counterparts, or as many
of them as the RECIPIENT and the DEPARTMENT shall preserve
undestroyed, shall together constitute but one and the same
instrument. Ail proposed amendments to this Ag.reement must be
affirmed in writing by the DEPARTMENT before the amendment shall
become part of this Agreement.
me
Oral A~reements or Oral Co~,~,~tments. This Agreement cannot be
altered, amended, or discharged by any oral agreement or oral
commitment.
Alteration of Pro~ect. During construction and until this Loan
is repaid or so long as this Agreement remains in effect, the
RECIPIENT shall not materially alter the design or structural
character of the Project without the written approval of the
DEPARTM]ENT and shall take no action which would adversely affect
the eligibility of the Project as a Washington State Water
Pollution Control Revolving Fund Project under Chapter 173.98 WAC
Uses and Limitations of the Water Pollution Control Revolving
Go
Fund, or cause a violation of any covenant, condition, or
provision herein.
Debt Service Coverage Ratio. The RECIPIENT covenants to
establish, maintain, and collect such rates and charges for
sanitary sewage disposal service so long as the Loan is
outstanding which will make available for the payment of the
principal of and interest on such loan and the principal of and
Page 5 of 19
Cit~ of Bremerton --
Callow Avenue Basin CSO - Priority 2
Loan No. L9700047
He
Jo
Ko
interest on any Senior Lien Obligations as the same accrue, an
amount of net revenues equal to at least the Coverage Requirement.
Maintenance of Utility. The RECIPIENT will at all times maintain
and keep the sewer system in good repair, working order, and
condition and also will at all times operate the sewer system and
the business in connection therewith in an efficient manner and at
a reasonable cost.
Sale or Disposal of Utility. The RECIPIENT will not sell,
transfer, or otherwise dispose of any of the works, plant,
properties, facilities, or other part of the Utility or any real
or personal property comprising a part of the Utility unless:
o
The facilities or property transferred are not material to
the operation of the Utility, or shall have become
unserviceable, inadequate, obsolete, or unfit to be used in
the operation of the Utility or are no longer necessary,
material, or useful to the operation of the Utility; or
The aggregate depreciated cost value of the facilities or
property being transferred in any fiscal year comprises no
more than three (3) percent of the total assets of the
Utility; or
The RECIPIENT receives from the transferee an amount equal to
an amount which will be in the same proportion to the net
amount of Senior Lien Obligations and this Loan then out-
standing (defined as the total amount outstanding less the
amount of cash and investments in the bond and loan funds
securing such debt) as the Gross Revenue of the Utility from
the portion of the Utility sold or disposed of for the
preceding year bears to the total Gross Revenue for that
period.
The proceeds of any transfer under this subparagraph shall be used
(a) to redeem promptly, or irrevocably set aside for the
redemption of Senior Lien Obligations and to redeem the Loan,
and/or (b) to provide for part of the cost of additions to and
betterments and extensions of the Utility.
Free Service. The RECIPIENT will not furnish sanitary sewage
disposal service to any customer free of charge if providing that
free service will affect the RECIPIENT's ability to meet the
obligations of this agreement.
Maintenance of Insurance. The RECIPIENT will at all times carry
fire and extended coverage, public liability and property damage,
and such other forms of insurance with responsible insurers and
with policies payable to the RECIPIENT on such of the buildings,
equipment, works, plants, facilities, and properties of the
Page 6 of 19
City of. Bremerton -
Callow Avenue Basin CSO - Priority 2
Loan No. L9700047
Utility as are ordinarily carried by municipal or privately owned
utilities engaged in the operation of like systems, and against
such claims for damages as are ordinarily carried by municipal or
privately owned utilities engaged in the operation of like
systems, or it will self-insure or will participate in an
insurance pool or pools with reserves adequate, in the reasonable
judgment of the RECIPIENT, to protect the Utility against loss.
PA/~T VI. ESTI~3%TED PROJECT COMPLETION SCHEDLrLE
The RECIPIENT agrees to complete the Project in accordance with
the following schedule. In the event that the schedule is not
complied with, and after a thirty-day (30) grace period, the
DEPARTMENT, after due notice to the RECIPIENT, may withdraw the
loan and demand any outstanding disbursement balance of principal
and interest be paid by a date specified in that notice. The
failure of the RECIPIENT to make such payment in full by the date
so specified shall be treated as a Late Payment under Part VIII,
D, and a Loan Default under Part IX. ny changes to this schedule
must be effected through a formal loan amendment.
Project Completion Date:
Initiation of Operation Date:
January 31, 1999
January 31, 1998
PART VII. DISBURSEMENTS
Certification. Each request by the RECIPIENT for disbursement
shall constitute a certification by the RECIPIENT to the effect
that all representations made in this Agreement remain true as of
the date of the request and that no adverse developments,
affecting the financial condition of the RECIPIENT or its ability
to complete the Project or to repay the loan plus accrued
interest, have occurred since the date of this Agreement unless
specifically disclosed in writing by the RECIPIENT in the request
for disbursement.
Accrued Interest. If the terms of this Agreement require interest
to be accrued, interest will begin to accrue on each disbursement
from the date that the warrant is mailed to the RECIPIENT.
PART VIII. REPAlq~ENTS
ao
Final Repa~nent Schedule. When the project has been fully
completed or the Initiation of Operation date has occurred (if
appropriate') and if earlier than the Project Completion Date, the
DEPARTMENT and RECIPIENT will execute an Agreement amendment,
Page 7 of 19
City of Bremerton
Callow Avenue Basin CSO - Priority 2
Loan No. L9700047
Be
which details the final loan amount, and the DEPARTMENT will
prepare a final loan repayment schedule. The final loan amount
will be the combined total of actual disbursements, all accrued
interest, and any interest on the unpaid balance. If any audit
identifies loan funds which were used to support ineligible costs,
such funds may be immediately due and payable to the DEPAi~TMENT,
notwithstanding any provisions to the contrary herein.
Any eligible costs incurred during the one-year certification
period will be included in a revised final loan amount in a
subsequent amendment. In the event that a one-year performance
certification is required, and additional eligible costs have been
incurred, the final repayment schedule may be changed by formal
amendment.
Semiannual Pa%anents. Notwithstanding any other provision of this
Agreement, the first semiannual payment of principal and interest
due on this Loan shall be paid not later than one year after
Initiation of Operation, or five years from the first
disbursement, whichever is earlier. Equal payments shall be due
every six months after this first payment due date.
A formal amendment is required to change the amount of the
semiannual principal and interest payments. The RECIPIENT will
continue to make semiannual payments based on the loan Agreement
as amended.
Payments are to be mailed to:
Cashiering Section
Washington State Department of Ecology
PO Box 5128
Lac,y, WA 98509-5128
Do
Prepayment of Loan. So long as the DEPAi~TMENT shall hold this
Loan, the RECIPIENT may prepay the entire unpaid principal balance
and accrued interest of the Loan, or any portion of the remaining
unpaid principal balance of the Loan. Any prepayments of any
portion of the unpaid principal balance of the Loan will be
applied first to any accrued interest due, and then to the
outstanding principal balance. If the RECIPIENT elects to prepay
for the entire remaining unpaid balance and accrued interest, the
RECIPIENT shall give the DEPARTMENT notice in writing, at least
thirty days prior to the prepayment date.
Late Payments. If any amount of principal and or interest payable
to the DEPARTMENT pursuant to this Agreement remains unpaid after
it becomes due and payable, interest shall accrue at the rate of
Page 8 of 19
3{
City of Brem~rton
Callow Avenue Basin CSO - Priority 2
Loan No. L9700047
m o
one (1) percent per month on the amount of such delinquent
payments from and after the due date until it is paid in full, and
the RECIPIENT hereby agrees to pay such interest; Provided, that
no such interest shall be charged to or be payable by the
RECIPIENT under this article unless such delinquency continues for
more than thirty (30} days. Nothing in this provision affects the
DEPARTMENT's default rights reserved in this Agreement.
Project Refinancing. If the RECIPIENT refinances this Project or
obtains any grant or loan to finance the Project additional to
those listed in Part II without the written consent of the
DEPARTMENT, upon the receipt of such grant or loan the RECIPIENT
shall inumediately use such grant or' loan, together with other
available funds, to repay the principal amount drawn under the
loan with interest, and any other obligations of the RECIPIENT to
the DEPARTMENT under this Agreement, unleSs the DEPARTMENT finds,
in its sole discretion, that repayment from the additional
grant(s) or loan(s) would not be in the public interest. Failure
to repay the principal amount drawn under the Loan plus interest
within the time specified in the DEPARTMENT's notice to make such
repayment shall be treated as a Late Payment under Part VIII, D,
and a Loan Default under Part IX.
PART IX. LOAN DEFAULT
The RECIPIENT will be in default of its obligations under this
Agreement when any loan repayment becomes sixty (60) days past due
or when any provision of this Agreement is not executed in full.
In the event of a default, including a declaration of a default by
the DEPARTMENT, the DEPARTMENT may cease making further
disbursements under this Agreement and may declare the principal
and interest on the loan immediately due and payable, subject to
the prior lien and charge of any outstanding Senior Lien Bonds
upon the Net Revenue. Failure to make such repayments shall be
treated as a Late Payment under Part VIII, D, and also shall be
subject to the default remedies set forth in paragraphs C, D and E
of this Part IX.
In the event of default, any state funds otherwise due to the
RECIPIENT may be withheld and applied to the indebtedness. In
accordance with RCW 90.50A.060 Defaults, any state funds otherwise
due to the RECIPIENT may be withheld and applied to the
indebtedness.
Do
The state of Washington reserves the right to take any action it
deems necessary to collect the amounts due or to become due, or to
Page 9 of 19
City of Bremerton ~
Callow Avenue Basin CSO - Priority 2
Loan No. L9700047
me
enforce the performance and observance of any obligation by the
RECIPIENT of this Agreement.
In any action to enforce the provisions of this Agreement,
reasonable fees and expenses of attorneys and other reasonable
expenses (including without limitation, the reasonably allocated
costs of legal staff) shall be awarded to. the prevailing party as
that term is defined in RCW 4.84.330 Actions on contract or lease
which provides that attorney's fees and costs incurred to enforce
provisions be awarded to one of parties--Prevailing party entitled
to attorney's fees-Waiver prohibited.
PART X. SCOPE OF WORK
The RECIPIENT shall ensure that this project is completed according to
the details of this Agreement. The RECIPIENT may elect to use its own
forces to perform.and complete all or a portion of the project related
work.
The RECIPIENT certifies by signing this Agreement that Chapter 39.80
RCW Contracts for Architectural and Engineering Services has been met
in selecting qualified architectural/engineering services. The
RECIPIENT shall identify and separate eligible and ineligible costs in
the final negotiated agreement and submit a copy of this agreement to
the DEPARTMENT.
Task I - Project A~ministration/Management
The RECIPIENT shall administer and manage the project. Activities
shall include, but not be limited to, maintenance of project
records, submittal of fiscal forms and payment vouchers,
compliance with applicable procurement and interlocal agreement
requirements, attainment of all required permits, licenses,
easements, or property rights necessary for the project,
conducting, coordinating, and scheduling of all project
activities, quality control and the preparation and submittal of
required performance items.
Bo
The RECIPIENT shall ensure that every effort will be made to
maintain effective communication with the RECIPIENT's designees,
the DEPARTMENT, all affected local, state, or federal
jurisdictions, or any interested individuals or groups. The
RECIPIENT shall carry out this project in accordance with
completion dates outlined in this Agreement.
C. The following number of reports should be provided at a minimum:
Page 10 of 19
City of Bremerton -'
Callow Avenue Basin CSO - Priority 2
Loan No. L9700047
Design reports and 90 percent plans and specifications - 2
copies
Final plans and specifications - 2 copies
Final One Year Certification report - 2 copies
The RECIPIENT shall submit two (2) copies of any document(s) which
require DEPARTMENT approval. Once approval is given, one (1) copy
will be returned to the RECIPIENT. If the RECIPIENT needs more
than one approved copy, the number of submittals should be
adjusted accordingly.
De
The RECIPIENT shall submit all invoice requests and
progress/quarterly reports to the Financial Manager of the
DEPARTMENT at the following address:
Karen M. Beatty, Financial Manager
Financial Management Section
Water Quality Program
Washington State Department of Ecology
PO Box 47600
Olympia, WA 98504-7600
Ee
Ail other correspondence and document submittals should be
addressed to the Project Manager located at:
Mike Dawda, Project Manager
Water Quality Program
Northwest Regional Office
Washington State Department of Ecology
3190 - 160th Avenue SE
Bellevue, WA 98008-5452
F. Required Performance:
Submittal of all required performance items, progress
reports, financial vouchers, and maintenance of all project
records.
Completion of all project requirements by January 31, 1999.
Task 2 - Construction
ae
The RECIPIENT shall not proceed with any construction related
activity until all necessary plans and specifications are approved
in writing by the DEPARTMENT.
Change orders that are a significant deviation from the approved
plans/specifications must be submitted for DEPARTMENT review and'
approval, prior to execution. All other change orders must be
approved by the DEPARTMENT for technical merit and should be
Page 11 of 19
City of Bremerton ....
Callow Avenue Basin CSO - Priority 2
Loan No. L9700047
submitted within 30 days after execution. Loan participation for
change orders is limited to five percent of the eligible
construction contract award. Change orders are to be signed by
the contractor, the engineer (if appropriate) and the RECIPIENT
prior to submittal for DEPARTMENT approval.
The construction budget, as reflected in this Loan, will be
adjusted once actual construction bids are received. Based upon
the low, responsive, responsible bid(s), the DEPARTMENT may meet
the actual bid if it falls within the Loan budget.
Subject to fund availability, the DEPARTMENT may meet bids up to
110 percent of the estimated construction bid amount as identified
in this Loan. The amount of any budget increase will be subject
to the ceiling amount per public body as established in the
program guidelines.
De
DEPARTMENT approval of the plans, specifications, and construction
documents authorizes the RECIPIENT to solicit bids and award the
construction contract (or reject bids) without further DEPARTMENT
authorization or approval. However, any additional costs
resulting from successful bid protests or other claims due to
improper bid solicitation and award procedures will not be
considered eligible for Loan participation.
E. Required Performance:
Submit to the DEPARTMENT all change orders.
Task 3 - Construction Management
A detailed construction quality assurance plan shall be submitted
at least thirty (30) days prior to the commencement of
construction. This plan must describe the activities which will
be undertaken to achieve adequate and competent performance of all
construction work. The following shall also be submitted with the
quality assurance plan:
o
A Plan of Operation per the Water Quality Program Guidance
document Plans of Interim Operation During Construction,
October 21, 1992.
The information required in the Water Quality Program
Guidance document Operation and Maintenance Manual for
Nontreatment Wastewater Facilities, October 21, 1992.
A construction schedule shall be submitted to the DEPARTMENT
within thirty (30) days of the start of construction. The
construction schedule shall be revised and/or updated whenever
major changes occur and resubmitted to the DEPARTMENT. In the
Page 12 of 19
City of Bremerton -'
Callow Avenue Basin CSO - Priority 2
Loan No. L9700047
De
absence of any major changes, the construction schedule should be
resubmitted to the DEPARTMENT at a minimum of every three months.
When changes in the construction schedule affect previous cash
flow estimates, revised cash flow projections must also be
submitted to the DEPARTMENT.
Upon completion of construction, the RECIPIENT shall provide the
DEPARTMENT with a set of "as-built" construction drawings which
reflect major changes, modifications or other significant
revisions made to the project during construction, in addition to
a certification statement, signed by a professional engineer,
indicating the Project was completed in accordance with the plans
and specifications and major change orders approved by the
DEPARTMENT and shown on the "as-built" plans.
A one-year performance certification period shall be enacted to
ensure that water pollution control facilities are constructed and
operating properly, as designed, and will be able to continue to
operate effectively throughout their design life. At the end of
this period, the RECIPIENT shall certify to the DEPARTMENT that
the project meets the performance standards. If the standards are
not met, a corrective action report will be prepared by the
RECIPIENT and submitted to the DEPARTMENT.
Required Performance:
Submit to the DEPARTMENT a detailed construction quality assurance
plan; a Plan of Interim Operation; information required for
Operation and Maintenance Manual for Nontreatment Wastewater
Facilities; a construction schedule, and a set of "as-built"
construction drawings.
PART XI. SPECIAL TERMS AND CONDITIONS
ao
The RECIPIENT certifies by signing this agreement for a water
pollution control facilities project that it has adopted a
comprehensive plan that conforms with the requirements of chapter
36.70A RCW Growth Management - Planning by Selected Counties and
Cities, and the RECIPIENT has adopted development regulations in
conformance with the requirements of chapter 36.70A RCW. If the
status of compliance changes, either through RECIPIENT or
legislative action, the RECIPIENT shall notify the DEPARTMENT in
writing of this change within 30 days.
Bo
Minority and Women's Business Participation. The RECIPIENT agrees
to utilize to the maximum extent possible, certified minority-
owned and women-owned businesses in purchases and contracts
initiated after the effective date of this Agreement.
Page 13 of 19
City of Bremerton -
Callow Avenue Basin CSO - Priority 2
Loan No. L9700047
In the absence of more stringent goals established by the
RECIPIENT's jurisdiction, the RECIPIENT agrees to utilize the
DEPARTMENT's goals for minority- and women-owned business
participation in all bid packages, request for proposals, and
purchase orders. These goals are expressed as a percentage of the
total dollars available for the purchase or contract and are as
follows:
Minority-owned business participation - 10 percent
Women-owned business participation - 6 percent
The RECIPIENT and ALL prospective bidders or persons submitting
qualifications shall take the following steps in any procurement
initiated after the effective date of this Agreement:
Include qualified minority and women's businesses on
solicitation lists.
Assure that qualified minority and women's businesses are
solicited whenever they are potential sources of services or
supplies.
Divide the total requirements, when economically feasible,
into smaller tasks or quantities, to permit maximum
participation by qualified minority and women's businesses.
Establish delivery schedules, where work requirements permit,
which will encourage participation of qualified minority and
women's businesses.
Use the services and assistance of the State Office of
Minority and Women's Business Enterprises (OMWBE) and the
Office of Minority Business Enterprises of the U.S.
Department of Commerce, as appropriate.
By signing this Agreement, the'RECIPIENT certifies that the above
steps were, or will be followed. Any contractor engaged by the
RECIPIENT under this agreement shall be required to follow the
above five affirmative steps in the award of any subcontract(s).
The RECIPIENT shall report to the DEPARTMENT at the time of
submitting each invoice, on forms provided by the DEPARTMENT,
payments made to qualified firms. The report will address:
o
Name and state OMWBE certification number of any qualified
firm receiving funds under the voucher, including any sub-
and/or sub-subcontractors.
The total dollar amount paid to qualified firms under this
invoice.
Time for Performance. In the event the RECIPIENT fails to
commence work on the Project funded herein within four months
Page 14 of 19
City of Bremerton -
Callow Avenue Basin CSO - Priority 2
Loan No. L9700047
m o
He
after the effective date of this Agreement, the DEPARTMENT
reserves the right to terminate this Agreement.
Prevail. lng Wage. The RECIPIENT shall require all contractors and
subcontractors on the Project to pay wages at rates not less than
those prevailing for the same type of work on similar construction
in the immediate locality, in compliance with the Davis-Bacon Act
(40 U.S.C., sec. 276a through 276a-7) or state requirements,
whichever is more stringent.
Accounting Standards. The RECIPIENT shall maintain accurate
records and accounts for the Project (Project Records) in
accordance with generally accepted government accounting standards
including those contained in the Standards for Audit of
Governmental Organizations, Programs, Activities, and Functions
promulgated by the U.S. General Accounting Office.
These Project Records shall be separate and distinct from the
RECIPIENT's other records and accounts (General Accounts).
Eligible costs shall be audited annually by an independent,
certified accountant and/or state auditor, which may be part of
the annual audit of the General Accounts of the RECIPIENT. If the
annual audit includes-an auditing of this Project, a copy of such
audit, including all written comments, recommendations and
findings, shall be furnished to the DEPA/~TMENT within one hundred
fifty (150) days of the close of the fiscal years being so
audited.
Public Awareness. Ail public awareness notices, signs, or
announcements, related to the Project financed in whole or in part
by funds related to this Agreement should inform the public of
the involvement of the federal government.
Procurement. The RECIPIENT is responsible for procuring
professional, personal, and other services using sound business
judgment and good administrative procedures. This includes
issuance of invitation of bids, requests for proposals, selection
of contractors, award of subagreements and other related
procurement matters. The RECIPIENT shall follow the procurement
standards of Title 40 of the Code of Federal Regulations Part 31.
Small Business in Rural Areas (SBRAs). If a contract is awarded
by the RECIPIENT under this Agreement, the RECIPIENT is also
required to utilize the following affirmative steps:
Place SBRAs on solicitation lists;
Make sure the SBRAs are solicited whenever there are
potential sources;
Page 15 of 19
City of Br~erton -
Callow Avenue Basin CSO - Priority 2
Loan No. L9700047
o
Divide total requirements, when economically feasible, into
small tasks or quantities to permit maximum participation by
SBRAs;
Establish delivery schedules, where requirements of work will
permit, which could encourage participation by SBRAs;
Use the services of the Small Business Administration and the
Minority Business Development Agency of the U.S. Department
of Commerce, as appropriate; and
Require the contractor to comply with the affirmative steps
outlined above·
The negotiated "Fair Share Percentage" for the SBRAs is 0.5
percent.
There is no formal reporting requirement for SBRAs at this time;
however, it is highly recommended that the RECIPIENT keep records
of SBRA participation.
PART XII. INCORPORATION OF DOCUMENTS
This Agreement incorporates the following documents by attachment and
reference:
A. Attachments:
ATTACHMENT 1:
ATTACHMENT 2:
ATTACHMENT 3:
ATTACHMENT 4:
DEFINITIONS FOR LOAN AGREEMENTS;
GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT
AND LOAN AGREEMENTS;
ESTIMATED LOAN REPAYMENT SCHEDULE;
AUTHORIZING RESOLUTION
B. R~ferences:
The DEPARTMENT's State Water Pollution Control Revolving Fund
(SRF) Program Guidelines, revised May 1995, (Errata Sheet
12/95)
Facilities Plan Approval Letter (where applicable) and any
amendments thereto;
Plans and Specifications Approval Letter (where applicable)
and any amendments thereto;
Declaration of Construction - Form ECY 040-2-28(b); and
RECIPIENT's legislation (Ordinance for cities, towns, and
applicable charter counties; Resolution for others) adopting
the system or plan, or system or plan of additions and
betterments to and extensions of the Utility (in the case of
cities and towns) or comprehensive plan, or comprehensive
plan amendment, relating to the Project.
Page 16 of 19
City of Bremerton
Callow Avenue Basin CSO - Priority 2
Loan No. L9700047
Amendments
Ail formal amendments to this Agreement must be properly executed
and signed by the DEPARTMENT.
PART XIII. ALL WRITINGS CONTAINED HEREIN
This Agreement, including the incorporated documents, contains the
entire understanding between the parties, and there are no other
understandings or representations other than those set forth or
incorporated by reference herein. No subsequent substantive
amendment(s) to this Agreement shall be of any force or effect unless
signed by authorized representatives of the RECIPIENT and the
DEPARTMENT, and made part of this Agreement; EXCEPT:
Ao
In relation to change of the DEPARTMENT's Project Manager or
Financial Manager or the RECIPIENTS Contact as set forth on page 1
of this document, either party may make such change by sending a
letter to the other, to that effect, without the signature of the
other party; or
In relation to insubstantial modifications and changes which will
be requested by the RECIPIENT in writing and approved in writing
by the Project Manager.
Page 17 of 19
City of Bremerton -
Callow Avenue Basin CSO - Priority 2
Loan No. L9700047
PART XIV. OPINION OF LEGAL COUNSEL
By signing this page, the RECIPIENT's legal counsel is providing an
opinion that affirmatively establishes that:
ao
The RECIPIENT is a duly organized and legally existing municipal
corporation under the laws of the state of Washington;
The RECIPIENT has the power and authority to execute and deliver,
and perform its obligations under, the Loan and this Agreement;
Ce
This Agreement has been duly authorized and executed, acknowledged
where necessary, by RECIPIENT authorized representatives and, to
the best knowledge of such Counsel, all other necessary actions
have been taken, so that this Agreement is valid, binding, and
enforceable upon the RECIPIENT in accordance with its terms,
except as such enforcement is affected by bankruptcy, insolvency,
moratorilnn, or other laws affecting creditor's rights and
principles of equity if equitable remedies are sought; and to such
Counsel's knowledge, this Agreement does not violate any other
agreement, statute, Court order, or law to which the RECIPIENT is
a party or by which it is bound.
The Loan constitutes a valid obligation of the RECIPIENT payable
solely out of the Net Revenues of the Utility.
RECIPIENT's Legal Counsel
Date
Page 18 of 19
City of Bremerton -
Callow Avenue ~sin CSO - Priority 2
Loan No. L9700047
In Witness Whereof, the parties execute this Agreement.
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
CITY OF BREMERTON
MICH3~EL T. LLEWELYN
PROGR~M3%NAGER
WATER QUALITY PROGRAM
DATE LYNN HORTON
M3~YOR
Al)PROVED AS TO FORM ONLY
ASSISTANT ATTORNEY GENERAL
DATE
DEPARTMENTAL APPROVALS:
DIRECTOR
PUBLIC WORKS AND UTILITIES
APPROVED AS TO FORM ONLY:
IAN SIEVERS
CITY ATTORNEY
(3/22/97)
Page 19 of 19
ATTACHMENT i
DEFINITIONS FOR LOAN A~REEMENTS
Unless the context clearly requires otherwise, these terms shall have
the respective meanings set forth for all purposes of this Agreement.
"Annual Debt Service" for any calendar year means for any applicable
series of bonds or applicable loans, including the Loan, all the
interest plus all principal due on such bonds or loans in such year.
"Average Annual Debt Service" means at the time of calculation, the sum
of the Annual Debt Service for the remaining years to the last
scheduled maturity of the Loan divided by the number of those years.
"Coverage ReqN/irement" means annual Net Revenue, together with ULID
Assessments, at least equal to Annual Debt Service on all Senior Lien
Obligations plus Annual Debt Service on the Loan.
"Defease" - means the setting aside in escrow or other special fund or
account of sufficient investments and money dedicated to pay all
principal and interest of all or a portion of an obligation as they
come due.
"Department" means the state of Washington, Department of Ecology, or
any successor agency or department.
"General Obligation Debt" means an obligation of the RECIPIENT secured
by annual ad valorem taxes levied by the RECIPIENT and by the full
faith, credit and resources of the RECIPIENT.
"Gross Revenue" means all of the earnings and revenues received by the
RECIPIENT from the maintenance and operation of the U%ility and all
earnings from the investment of money on deposit in the Loan Fund,
except ULID Assessments, government grants, RECIPIENT taxes, principal
proceeds of bonds and other obligations and earnings or proceeds from
any investments in ~ trust, defeasance or escrow fund created to
defease or refund Utility obligations or in an obligation redemption
fund or account other than the Loan Fund until commingled with other
earnings and revenues of the Utility or held in a special account for
the purpose of paying a rebate to the United States Government under
the Internal Revenue Code.
"Initiation of Operation" is the actual date the facility begins to
operate for its intended purpose. This date may occur prior to final
inspection and will be determined by the DEPARTMENT after consultation
with the RECIPIENT. This date may be the same or earlier than the date
of project completion.
For those projects where the Initiation of Operation date is not
applicable, use the date of project completion.
Page 1 of 3
"Loan" means the Stat~ Revolving Fund (SRF) or C~ntennial Clean Water
Fund (CCWF) Loan made pursuant to this Agreement.
"Loan Fund" means that special fund of the RECIPIENT created by
ordinance or resolution for the payment of the principal of and
interest on this Loan.
"Maintenance and Operation Expense" means all reasonable expenses
incurred by the RECIPIENT in causing the Utility to be operated and
maintained in good repair, working order, and condition including
payments to other parties for the transmission, treatment or disposal
of sewage but shall not include any depreciation or RECIPIENT levied
taxes or payments to the RECIPIENT in lieu of taxes.
"Net Revenue" means the Gross Revenue less the Maintenance and
Operation Expense.
"Project" means the project described in this Agreement.
"Project Completion Date" is the date incorporated into the loan
agreement that identifies the date that the Scope of Work will be fully
completed and the date the project will end. The project completion
date may be changed to an earlier or later date by a formal amendment
that is properly executed and signed by the DEPARTMENT.
"Principal and Interest Account. means the account of that name herein
created in the Loan Fund with respect to a Revenue Secured Debt to be
first used to pay the principal of and interest on the Loan.
"Reserve Account" means for a Revenue Secured Debt the account created
in the Loan Fund to secure the payment of the principal of and interest
on the Loan. and any obligations issued on a parity therewith.
"Revenue Secured Debt" means an obligation of the RECIPIENT that is
secured by the revenue of the Utility and that is not a general
obligation of the RECIPIENT. For the purposes of this Agreement, the
term Revenue Secured Debt shall apply only if the Project is a sanitary
sewer or storm sewer utility and only if the RECIPIENT has created a
storm sewer or surface water utility or storm water utility. If the
Project provides for a mixture of various activities which include
sanitary or storm sewer activities, the Loan shall not be a Revenue
Secured Debt. !
"Senior Lien Obligations" means all revenue bonds and other
obligations of the RECIPIENT outstanding on the date of execution of
this Agreement (or subsequently issued on a parity therewith, or to
refund such bonds or obligations) and bonds or issued to other than a
governmental entity after the date of execution of this Agreement
having a claim or lien on the Gross Revenue of the Utility, subject
only to Maintenance and Operation Expense.
"Sewer System" or "water pollution control facilities," means any
facilities or systems for the control, collection, storage, treatment,
disposal, or recycling of wastewater; including but not limited to
sanitary sewage, stormwater, residential, commercial, industrial, and
agricultural wastes.
Page 2 of 3
"ULID" means any utility local improvement district of the RECIPIENT
created for the acquisition or construction of additions to and
extensions and betterments of the Utility.
"ULID Assessmen%s" means all assessments levied and collected in any
ULID. Such assessments are pledged to be paid into the Loan Fund (less
any prepaid assessments permitted by law to be paid into a construction
fund or account). ULID Assessments shall include installments thereof
and any interest or penalties which may be due thereon.
"Utility" means either the water system, the sewer system (which may
include a storm sewer or surface water system), or the combined water
and sewer system of the RECIPIENT the Gross Revenues of which are
pledged to pay and secure the Loan.
Page 3 of 3
GE ,NERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Depari~uem of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and
RECIPIENT's employees. The RECIPIENT shall not assign or subcontract performance to others unless
specifically authorized in writing by the DEPARTMENT.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions
of this agreement.
C. TmRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this
agr~ment, the state of Washington is named as an express third-party beneficiary of such subcontracts with
full rights as such. -
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering services
shall be awarded through a competitive process, if required by Sta~e law. RECIPIENT shall retain copies
of all bids received and contracts awarded, for inspection and use by the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreemem shall be transferred or assigned by the
RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders,
regulations and permits.
Prior to commencement of any construction, tlae RECIPIENT shall secure the necessa~ approvals
and permits required by authorities having jurisdiction over the project, provide assurance to the
DEPARTMENT that all approvals and permits have been secured, and make copies available to the
DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and
State laws, regulations, and policies agalr~t discrimination. The RECIPIENT further agrees to
affirmatively support the program of the Office of Minority and Women's Business Enterprises to
the maximum extent possible. The RECIPIENT shall report to the DEPARTMENT the percent of
grant/loan funds available to women or minority owned businesses.
3. Wages And Job SafeW. The RECIPIENT agrees to comply with all applicable laws, regulations, and
policies of the United States and the State of Washington which affect wages and job safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial
insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT
shall, hax~.the-right-to-ir~raediatety-terminate.-this-agreement4or cause as provided in Section K. 1,
herein.
G. KICk"RACKS
The .RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved ·
in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any
fee, commission or gift in remm for award of a subcontract hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to this agreement.
Such records shall clearly indicate total receipts and expenditures by fund source and rusk or object.
All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures.
All records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field impection reports of all construction work accomplished under
this agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shall be open for audit or impection by the DEPARTMENT or by any duly
authorized audit representative of the State of Washington for a period of at least three years after
the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits
identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or
make adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be made available to
the DEPARTMENT and to any authorized state, federal or local representative for inspection at any
time during the course of this agreement and for at least three years following grant/loan termin;~tion
or dispute resolution hereunder.
4. RECIPIEbtT shall me~t the provisions in OMB Circular A-128 (Audit of State and Local
· Governments) or OMB Circular A-110 (Uniform Requirements for Grants to Universities, Hospitals
· and Other Non-Profit Organizations) if the RECIPIENT receives federal funds in excess of $25,000.
The RECIPIENT must forward a copy of the state auditor's audit, or other independant audit report,
along with the RECIPIENT response and the final corrective action plan as approved by the SAO
to the DEPARTMENT within ninety (90) days of the date of the audit report~
PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such
other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the
DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to
meet project, objectives or time schedules. This disclosure shall be accompanied by a statement of the
action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation.
Payments may be withheld if required progress reports are not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1
through September 30, and October 1 through December 31. R~ports shsl_l be due within twenty (20) days
following the end of the quarter being reported.
COMPENSATION'
1. Method of compensation. Payment shall be made on a reimbursable basis at least quarterly and no
more often than once per month. Each request for payment will be submitted by the RECIPIENT
on State voucher request forms provided by the DEPARTMENT along with documentation of the
expenses. Payments shall be made for each task/phase of the project, or portion thereOf, as set out
in the Scope of Work when completed by the RECIPIENT and certified as satisfactory by the Project
Officer.
The payment request form and supportive documents must itemiT~ all allowable costs by major
elements as described in the Scope of Work. Instructions for submitting the payment requests are
found in 'Administrative Requirements for Ecology Grants and Loans~, part IV, published by the
DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment
requ~..ts_ ._az..e_app..r..oy_ec~....b.y ~e._.DE_p. _AR~_N..~,..pa .y!n..e..nts .. ~will_be .made to the mutually agreed upon
designee.
Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer
assigned to administer this agreement.
2. Budget deviation. Deviations in budget amounts are not allowed without written amendment(s) to
this agreement. Payment requests will be disallowed when the RECIPIENT's request for
reimbursement exceeds the State maximum share amount for that element, as described in the Scope
of Work.
3. Period of Compensation. Payments shall only be made for action of the RECIPIENT pursuant to
the grant/loan agreement and performed after the effective date and prior to the expiration date of
this agreement, unless those dates are specifically modified in writing as provided herein.
4. Final Request(s) for Payment. The RECIPIENT must submit final requests for compensation within
forty-five(45) days after the expiration date of this agreement and within fifteen (15) days after the
end of a fiscal biennium. Failure to comply may result in delayed reimbursement.
5. Performance Guarantee. The DEPARTlVIENT may withhold an mount not to exceed ten percent
(10%) of each reimbursement payment as security for the RECIPIENT's performance and a financial
bond. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s)
described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole
discretion, such payment is reasonable and approved according to t_hi.q agreement and, as appropriate,
upon completion of an audit as specified under section J.6., herein.
6. Unauthorized Expenditures. All payments to the RECIPIENT shall be subject to final audit by the
DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded
to the DEPARTMENT by the RECIPIENT.
7. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or
other public entities, it shall not exceed the amount allowed under state law.
8. Overhead Costs. No reimbursemem for overhead costs shall be allowed unless provided for in the
Scope of Work hereunder.
~ATION
1. For Came. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the
event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any
obligation requfi'.' ed of it by this agreement, the DEPARTMENT may refuse to pay any further funds
thereunder and/or terminate this agreement by giving written notice of termination.
A written notice of termination shall be given at least five working days prior to the effective date
of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings,
maps, models, photographs, and re, ports or other materials prepared by the RECIPIENT under this
agreement, at the option of the DEPARTMENT, shall become Departmem property and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for
damages sustained by the DEPARTMENT and/or the State of Washington became of any breach
of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose
of setoff until such time as the exact amount of damages due the DEPARTMENT from the
RECIPIENT is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the
availability of state and federal funds through legislative appropriation and state allotment. When
this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent
upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such
funds shall be good came to terminate this agreement as provided in paragraph K. 1 above.
Wh.eu.._[_h!~ ~e~.._m~nt...c.r_o.ss_es ~e..REC .[pIE.N-T~ ~s ~fisca~.....y ..e~..., the.. obligation of the RECIPIENT to
continue or complete the project described herein shall be contingent upon appropriation of funds
by the RECIPIENT's governing body; Provided, however, that nothing contained herein shall
preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in
accordance with Section O herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project
funded herein within four months after the effective date of this agreement, or by any date mutually
agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to
terminate this agreement.
4r
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default~ Waiver of a breach of any
provision of this agreement is not a waiver of any subsequent breach and will not be construed as a
modification of the terms of this agreement unless stated as such in writing by the authorized representative
of the DEPARTMENT.
M. PROPERTY RIGItTS
1. Cor)vrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any
patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT
retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or
otherwise use the material(s) or property and to authorize others to use the same for federal, state
or local government purposes.
Where federal funding is involvei:l, the federal government may have a proprietary interest in patent
rights to any inventions that developed by the RECIPIENT as provided in 35 U.S.C. 200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish
information of the DEPARTMENT; present papers, lectures, or seminars involving information
supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, sighs,
brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT.
3. Tangibl..e. Property RighB. The DEpARTMENT's current edition of "Admini.qtrative Requirements
for Ecology Grants and Loans", Part IV, shall control the use and disposition of all real and personal
property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence
of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions
with respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT2 When the DEPARTMENT provides personal
property directly to the RECIPIENT for use in performance of the project, it shall be returned to
the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen
or damaged while in the RECIPIENT's possessionl the DEPARTMENT shall be reimbursed in cash
or by setoff by the RECIPIENT for the fair market value of such property.
5. Acquisition Proiec.ts. The following provisions shall apply if the project covered by this agreement
includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish
that the cost of land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each
parcel prior to disbursement of funds provided by this agreement. Such evidence may include
title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing
that the land is free from any impediment, lien, or claim which would impair the uses
contemplated by this agreement.
6. Conversions. Regardless of the contract termination date shown ou the cover sheet, the RECIPIENT
shall not at any time convert any equipment, property or facility acquired or developed pursuant to
this agreement to uses other than those for which assistance was originally approved without prior
written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the
DEP. AR:r-MENT--of-that--portion-of-.{he--proeeeds-of-the-sale,-lease or other conversion or
encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase
or construction costs of Such property.
N. RECYCLED/RECYCLABLE PAPER
All documents and materials'published under this agreement shall be produced on recycled paper containing
the highest level of post consumer and recycled content that is available. At a minimum, paper with 10
percent post consumer content and 50 percent recycled content shall be used. Whenever possible, all
materials shall be published on paper that is unbleached or has not been treated with chlorine gas and/or
hypochlorite.
Qo
As appropriate, all materials shall be published on both sides of the paper and shall minimi?.e the use of
glossy or colored paper and other items which reduce the recyclability of the document.
RECOVERY OF PAYM~.~ TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon
satisfactory performance of this agreement including the satisfactory completion of the project described
in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required
of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to
repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the
project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform.
Interest shall accrue at the rate of twelve percent (12%) per annum from the time the DEPARTMENT
demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to
insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which
had been paid to the RECIPIENT prior to such termination. Any property acquired under thLq agreement,
at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S
liability to repay monies shall be reduced by an amount reflecting the fair value of such property.
PROJECT APPROVAL
The extent and character of all work and services to.be performed under this agreement by the RECIPIENT
shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other
designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute
with regard to the extent and character of the work to be done, the determination of the Project Officer or
other designated official as to the extent and character of the work to be done shall govern. The
RECIPIENT shall have the right to appeal decisions as provided for below.
DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under
this agreement which is not disposed of in writing shall be decided by the Project Officer or other
designated official who shall provide a written statement of decision to the RECIPIENT. The decision of
the Project Officer or other designated official shall be final and conclusive unless, within thirty days from
the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the
DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the oppommity
to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized
representative for the determination of such appeals shall be final and conclusive. Appeals from the
Director's determination shall be brought in the Superior Court of Thurston County. Review of the
decision of the Director will not be sOUght before either the Pollution Control Hearings Board or the
Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed
diligently with the performance of this agreement and in accordance with the decision rendered.
CONFLICT OF INTENT
No officer, member, agent, or employee of either party to this agreement who exercises any function or
responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision
which affects his/her personal interest or the interest of any corporation, partnership or association in which
he/she is, dir~,tty-or-ladir~et-ly-dnterested;~nor-sha}l-he/she-have-any-personal.or pecuniary interest, direct
or indirect, in this agreemem or the proceeds thereof.
INDICATION
1. The DEPARTMENT shall in no way be held responsible for paymem of salaries,-consultant's fees,
and other costs related to the project described herein, except as provided in the Scope of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each party shall
indemnify and hold the other harmless from and against any liability for any or all injuries to persons
or property arising from the negligent act or omission of that party or that party's agents or
employees arising out of this agreement.
To
GOnG LAW
This agreement shall be governed by the laws of the State of Washington.
If any provision of this agreement or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect
without the invalid provision, and to this end the provisions of this agreement are declared to be severable.
PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall
be resolved by giving precaxience in the following order: (a) applicable Federal and State statutes and
regulations; Co) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by
reference including the "Administrative Requirements for Ecology Grants and Loans"; and (e) the General
Terms and Conditions.
SS-010 Rev. 4/96
03/25/97
CITY OF BREMERTON
Loan Amount: $ 828,000.00
Term of Loan: 9
Amortization Method: Normal, 365 D/Y
Loan Date: 01-31-1999
Annual Interest Rate: 0.000 %
Interest Compounded: Monthly
PMT Due Date Payment Amount Interest Principal Balance
1 01-31-00
2 07-31-00
2000 totals
3 01-31-01
4 07-31-01
2001 totals
5 01-31-02
6 07-31-02
2002 totals
7 01-31-03
8 07-31-03
2003 totals
9 01-31-04
2004 totals
Grand totals
92,000.00 0.00 92,000.00
92,000.00 0.00 92,000.00
184,000.00 0.00 184,000.00
92,000.00 0.00 92,000.00
92,000.00 0.00 92,000.00
184,000.00 0.00 184,000.00
92,000.00 0.00 92,000.00
92,000.00 0.00 92,000.00
................ 2 ............................
184,000.00 0.00 184,000.00
92,000.00 0.00 92,000.00
92,000.00 0.00 92,000.00
184,000.00 0.00 184,000.00
92,000.00 0.00 92,000.00
92,000.00 0.00 92,000.00
$ 828,000.00 $ 0.00 $ 828,000.00
736,000.00
644,000.00
552,000.00
460,000.00
368,000.00
276,000.00
184,000.00
92,000.00
0.00
THIS IS AN ESTIMATED LOAN REPAYMENT SCHEDULE
Page
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT:
An Ordinance amending Chapter 2.46
of the Bremerton Municipal Code,
Employees - Suggestion Award Program
FOR AGENDA OF: April 30, 1997
ORIGINATING DEPT.: Human Resources
ORIGINATOR: Jim Meith
DATE SUBMITTED: April 22, 1997
CI~'ATTO~EY
FISCAL & BUp~/~
ENDORSEMENT/INFORMATION []
MAYOR~
if necessary) 3. EXHIBITS: Proposed Ordinance
ORm~IRAT IONS COMMITTEE
APPROVED BY COUNCIL PRESIDENT i~OR SUBMITTAL:
4. SLB~WARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
A Employee Recognition Task Force has been formed to look into ways that the
City can recognize the many contributions made by employees in serving the
citizens. These recommended proposed changes to the Employee Suggestion
Award Program are part of that review. The changes open the suggestion
program to all employees, provide for awarding exemplary service, streamline
and simplify the process, and incorporate needed revisions in terminology.
8. RECOMMENDATION:
Motion to approve on first reading and pass on second, Ordinance No. ,
amending Chapter 2.46, Employee Suggestion Award Program, of the Bremerton
Municipal Code.
9. RESPONSIBLE OFFICIAL: Mayor
ENFORCEMENT OFFICIAL: Human Resources Manager
EXPIRATION DATE: On Going
REVIEW DATE:
10. NOTICE OF ACTION
PULLED [] TABLED [] APPROVED [] DISAPPROVED [] BI4ENDED [] DATE:
COUNCIL DIRECTIVE:
(OVER)
NDA No.:
2. CT.V.~%lqCE C(I%~ENTS:
IMPACT OF NON-PASSAGE:
The Suggestion Program would not function to full potential and not
serve as a incentive for all employees.
IMPACT ON STAFFINGr BUD~TSr FACILITIES~ E~UIPMENT OR OTHER RESOURCES:
Money for any awards will come from already budgeted funds, that will not be
expended due to the suggestion.
7. RESEARCH SOURCES:
ORDINANCE NO.
AN ORDINANCE amending BMC 2.46, EMPLOYEEO~,.,~,,~O°'T'-''"r°""'-"~T~ ~,-,s'~ AWARD
PROGRAM.
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Amendment. Chapter 2.46 of the Bremerton Municipal Code is hereby amended to read
as follows:
.010 ESTABLISHMENT AND INTENT.
There is established an employee ~ award program in order to stimata~ ~
suggestions ~ from City employees which wilt-be-of benefit~ to the City
:%"~ ~- '-.i ..... - '- .......2. (Ord. 4071 §1, 1986).
.020 DEFINITIONS.
As used in this chapter, unless the context requires otherwise:
(a) "Board" means the employee suggestion awards board.
(b) "Program" means the~~ program developed under this chapter.
(c) "Employee" means any person employed by the City and occupying an authorized budget
position but not including managenicnt ~.~,.,.-~, or o,~cer, ~ of the City. exeept-~
~5~ "Eligible suggestions" means suggestions which fulfill the criteria for submission and
have been submitted in conformance with procedures for submission established in this chapter.
~) "B'askress-&~ ~" means the normal office hours and days of the Dkector ,,, t~
dcf~aed '- ................ : .... ' .... :
--.-,~,.~,,,, ~. (Ord. 4071 §2, 1986).
.030 SUGGESTION AWARD.
(a) There is created a suggestion award board composed of frye ~ members, as follows:
the Director -" ' ~---:--' ..... :--- °---'---"-'-'~- ~'~--' ":-- '"~:-~' "~ ' ~-'" .... '
~ ............ ~ The administration of the program is vested in
this board.
(b) The board shall elect annually a chairperson from among its members. The board shall
meet in regular session at least once each quarter. Additional meetings may be called by the
chairperson.
(c) A majority of the members of the board shall constitute a quorum for the transaction of
all business; provided, however, a majority vote of the members of the board shall be necessary in
5'5'
order to adopt any motion or resolution with reference to the making of awards. The chairperson
shall keep minutes of board meetings and other such records as the board may deem necessary for
its proper function. (Ord. 4071 §3(1 - 2), 1986).
.040 SUGGESTION AWARD BOARD - ANNUAL REPORT.
The board shall prepare an annual report coveting the preceding calendar year. This report
shall be submitted to both the City Council and the Mayor, and shall include:
(a) Information concerning suggestions approved for moneta,-~ ;,,ad can-micndatory awards:
(b) Total amounts awm'ded ~;
(c) Administrative costs of the program;
(d) Measurable savings to the City; and
(e) Other information and statistical data deemed pertinent by the board. (Ord. 4071 §3(3),
1986).
.060 CRITERIA FOR SUBMISSION OF SUGGESTIONS.
Participation in the program shall be limited to those employees who submit a suggestion in
accordance with the following regulations:
(a) To be eligible for a money ~ award, a suggestion must make possible an
extension of public service commensurate with the expense involved or an elimination or reduction
of City expenditures without substantially impairing such service, or provide a desirable safety factor.
~Employees shall not be eligible for an award for suggestions pertaining to subjects in
which the suggest or, either directly or indirectly, has a proprietary interest.
~ If duplicate suggestions are submitted, only the first received by the board shall be
eligible for an award. (Ord. 4071 §4, 1986).
.070 PROCEDURE FOR MAKING AND CONSIDERING SUGGESTIONS.
The following procedure for making and consideration of suggestions is established:
(a) Suggestions may be submitted ~ to the individual employee's
department or-agency head for transferal to the board or by any other method established by the
board pursuant to this chapter.
(b) Suggestions shall be submitted in a legible form and shall include:
(1) A specific statement of what is suggested and how it can be accomplished;
(2) A brief statement describing the present methods, practices or problem; and
(3) A statement of the potential of the savings, improved services or benefits which will occur
from the adoption of the suggestion.
(c) Suggestions must be signed and each suggest or shall execute the following agreement:
"In consideration of my participation in the Suggestion Award Program, I hereby agree that the
use by the City of Bremerton of my suggestion concerning ... shall not be the basis of a claim of any
nature against the City of Bremerton by me, my heirs, executor or assigns."
(d) The board shall record and acknowledge receipt of eligible suggestions, shall advise the
suggestors of any undue delay in the consideration thereof, and shall notify the suggest or of action
taken as soon as final consideration has been
(e) Eligible suggestions may be referred for consideration to the C-ity-'agen,~-or departments
affected, which shall, within sixty ~ days thereafter, report its findings and recommendations to
the board. The departmental report shall indicate whether or not a suggestion has been adopted and
the actual or estimated reduction of expenditures or the value thereof to the City.
(f) The board shall evaluate each eligible suggestion, taking into consideration departmental or
age,~ action and the intent of the program; and it shall formulate and transmit to the C-ity-C-otm~
~ an official recommendation coveting the justifications of each suggestion that merits an award
and the type and amount thereof. A suggestion which has been put into effect by the City ag~'y
~ concerned must be submitted to the board for award consideration.
(g) The City Council ~, upon approval of a recommendation of the board, may authorize
a money awar~ or an appropriate commendation.
(h) A suggestor may file a written request to the City Council ~ for reconsideration of an
adopted suggestion which had been rejected by the board. ,.,"'hhcr unad,:,p~l ~jected suggestions
subsequently adopted may be resubmitted to the board in the regular manner.
(I) The City Council may request~,,-~' "-,,,~-,.,iLj"': .... ,~,,,,L~,,,~:'- ' through the Audit Committee, a cost
benefit analysis of the program or a specific awa,-d. (Ord. 4071 {}5, 1986).
.080 CERTIFICATES OF MERIT.
The board may issue certificates of merit in such form and manner as they determine. Such
certificates may be in addition to or in lieu of cash ~ awards. Managcmcn~ p~rsorm¢l -" ~t _ ,-,:_
..... :-- -~'"-- ~---~ -':-:'-'- fo --~:~- ...... " .... "' (O {}6 1986)
.090 CASH AWARDS - AMOUNT.
No cash award shall be for less than ~ ~ dollars or for more than the
maximum amount ofor~ ~ thousand dollars !.i
a~ ~ shall be
calculated as follows:
(a) Awards for suggestions which will result in demonstrable savings of money shall be
approximately ten percent of the estimated value to the City of the suggestion during the first year
following its adoption, as determined by the board.
(b) Suggestions which will result in non-cost savings improvements, such as benefits in safety,
health and welfare ..... '- ....... _, __ _1 ....... J-' ............. be" ....... -' '--- "- - ~- - ---' T,,¢ boa,-d
~ insofar as possible. ,.,~. ~,,~. awa.-ds ~ commensurate with the benefits anticipated from
th ggestion, L__. _. ......... 1 .... ,_ ........... '~-'- ~-" ............. d
dottm-~(Ord. 4071 §7, 1986).
APPROVED by the CityCounc~ ofthe City ofBremenont~s
, 1997.
PASSED bytheCityCounc~ oftheCityofBremertonthis
~ 1997.
day of
day of
APPROVED this
day of
DAVID D. FARK, Council President
., 1997.
ATTEST:
LYNN S. HORTON, Mayor
KATHLEEN McCLUSKEY, City Clerk
1. SUBJECT: Public Hearing on
75% Petition to annexe Oyster Bay
Annexation Area.
AGENDA BILL
BREMERTON CITY COUNCIL
FOR AGENDA OF: A-¢~,~, ~o,
ORIGINATING DEPT: Executive
ORIGINATOR: I. Sievers, City Attorney---~::~.
DATE SUBMITTED: 3/31/97
x,~. ~),N~ervices Coordinator
D~r.~~bl/: XCorks~s
Dir. Community Development
3. EXHIBITS: ,/Staff Report
,/Petition (o ,~ 4h'le. :n c, % Cierk's Off, c ~)
Certification of Petition Annexation Area
v/ Proposed Ordinance annexing Oyster Bay Area
~/Planing Commission Findings and Findings and Recommendation
COUNCIJ~Q~MMITTEE ~
~ENDCIR~EMENT'[ltqNFO~ATION [] APPROVED BY COUNCI~SIDENT Fg_R SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
A legally sufficient petition for annexation has been filed for the Oyster Bay Annexation Area as described in the Letter of Intent
approved by the City Council 12/11/96, and the petition. A public hearing on the petition pursuant to RCW 35.13.140 is held to take
comment on this proposed annexation.
The proposed ordinance also adopts amendents to the West Hills Plan originally adopted in 1990 for this area. The Comp Plan
designation of commercial (C) were corrected to General and Highway Conunercial (CG) to reflect current nomenclature. The proposed
amendments change the zoning south of Zircon Ln. and west of Bayview Ave. adjacent to the treatment plant from SF-3 to multifamilx
(MF) with a Medium Density Residential (MDR) comp plan designation. The Comp Plan designation south of the wastewater treatment
is amended from Industrial General (IG) to Utility (U).
(Continued on back)
8. RECOMMENDATION:
[4/ / 97] 1. Approve the Petition for annexation of Oyster Bay Area and approve proposed ordinance on first reading.
[4/ / 97] 2. Pass Ordinance No. on second reading.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED [1 TABLED [] APPROVED [] DISAPPROVED [I AMENDED {1 DATE: __
COUNCIL DIRECTIVE:
(OVER)
11. AGENDA BILL NO.:
.5'?
2. CLEARANCE COMMENTS:
[4 cont.]
Community Development will initiate a zoning review for the SF-3 area north of the treatment plant after annexation to provide for lam!
uses consistent with the CG Comp. Plan designation and the industrial nature of the neighboring treatment plant.
5. IMPACT OF NON-PASSAGE:
Lack of City jurisdiction over city properties east of Oyster Bay. Lower density development for areas subject to zoning amendment
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
7. RESEARCH SOURCES:
KITSAP C, UNTY ASSESSOR _
614 Div~ion Street MS-22 · Port Orchard, Washington 98366 (360) 876-7160
April 24, 1997
Kathy McCluskey
Bremerton City Clerk
239 Fourth Street
Bremerton, WA 98337
Dear Ms. McCluskey:
I have reviewed the information you forwarded regarding the proposed Oyster Bay annexation.
According to my calculation, the petition represents over 75% of the assessed value of the
annexation area. The calculation is based on the assessed values upon which taxes payable in
1997 were levied.
If you have any questions or comments, please call me a 876-7091.
Sincerely,
Sharon Floyd
Levy Analyst
pw
Toll Free: Poulsbo (360) 698-3368 · Bainbridge Island (206) 842-2061 · Olalla (206) 8514147
Filed for Record at Request of:
When Recorded Return to:
Name Bremerton City Clerk
Address 239 Fourth Street
Bremerton~ Washington 98337
Oyster Bay Ordinance
Document Title: Ordinance No.
Reference Number of Document Assigned or Released:
Not Applicable
Grantor's Name: City of Bremerton
Grantee's Name: Not Applicable
Abbreviated Legal Description: PTN. OF SE1/4 OF THE NE1/4 OF S21,
T24N, R1E W.M.; ALSO, PTN. OF S22, T24N, R1E W.M.; ALSO, PTN. OF
NWl/4 OF S.27, T24N, R1E W.M.; ALSO PTN. OF PLAT OF OLE HANSON'S
NAVY YARD ADDN.; AND ALSO, N375.6 FT. OF THE NE1/4 OF THE NE1/4
OF S28, T24N, R1E W.M. (Additional legal on Exhibit "A")
Assessor's Property Tax Parcel/Account Number: 4502-014-007-0009;
4502-014-010-0103; 4502-014-012-0002; 4502-020-003-0000;
(Additional property tax parcel/account numbers on Exhibit "E")
ORDINANCE NO.
AN ORDINANCE annexing an area known as the Oyster Bay Annexation Area and
amending the City's Comprehensive Plan and zoning for the Area.
WHEREAS, the City of Bremerton, Washington received from property owners residing
within the Oyster Bay Annexation Area, approximately located south ofLoxie Eagans
interchange, east of Cottman Ave. West of SR3, a 75 percent petition for annexation signed by
owners representing 75 percent or more of the assessed valuation of property within the
annexation area; and
WHEREAS, the City Council approved the 10 percent Letter of Intent on December 11,
1996 and simultaneous adoption of city comprehensive plan and land use designations and
assumption of a proportional share of city indebtedness; and
WHEREAS, the Bremerton City Council conducted a public hearing on April ~, 1997,
following posting and publication of the hearing, as required by law, to accept public comments
on the annexation petition; now, therefore,
THE CITY OF BREMERTON DOES ORDAIN:
OYSTER.BY.ORD - Ord. Dsk - 3/31/97
Section 1. The territory described and further depicted in Exhibit "A" and "B,"
respectively, and attached hereto and incorporated by reference herein shall be and constitute a
part of the City of Bremerton.
Section 2. In conformance with the terms of the annexation petition, all property, within
the territory annexed, hereby shall be subject to all the laws of the city and ordinances including
assessment or taxes in payment of any bonds issued or debts contracted prior to or existing at the
date of annexation.
Section 3. The Comprehensive Plan and Official Zoning Map of the City of Bremerton
shall be amended according to Exhibits "C" and "D" respectively, attached hereto and
incorporated by reference herein.
Section 4. This ordinance shall not take effect until the final approval by the Kitsap
County Boundary Review Board, but no sooner than ten days following passage and publication.
The City Clerk shall certify this annexation ordinance with the Kitsap County Board of
Commissioners upon its effective date.
APPROVED by the City Council on the first reading this __day of
,1997.
PASSED by the City Council this
day of
,1997.
APPROVED this
day of
David Farr, Council President
, 1997.
ATTEST:
Lynn S. Horton, Mayor of Bremerton
Kathleen McCluskey, City Clerk
OYSTERBY.ORD - Ord. Dsk - 3/31/97
EXHIBIT NO. '* "
DESCRIPTION FOR THE OLE HANSON'S 8,: SR3 & SOUTH OF TREATMENT PLANT AND
GOVT LOT 1 SEC 28 ANNEXATION AREA 11/18/96. CHECKED BY NED LEVER. REVISED
12/18/96
That portion of the SE1/4 of the NE1/4 of Section 21, T24N, R1E, WM, lying easterly of the
westerly margin of the Right-of-Way acquired for SR-3, and south of the south margin of Wemer Rd
(Loxie Egans Blvd.)
ALSO:
That portion of Section 22, T24N, R1E, WM, lying westerly of the easterly right-of-way line of SR-3,
and southerly of the south fight-of-way line of Werner Rd CK Street), Except the following described
property; Beginning at the SW corner of Section 22, T24N, R1E, W.M4 thence S87°59'08"E, 30
feet to the east margin of Oyster Bay Road and the TPOB; thence N1 °59'33"E, 592.34 feet; thence
S22°34'27"W 85.33 feet; thence N1 ° 59'33"E 449.60 feet; thence S88 °05'58"E 200.99 feet; thence
N22°34'27"E 107.31 feet; thence S88°05'58"E 170.88 feet; thence N1 °51'36"E 90.0 feet; thence
S88°05'58"E, 75.97 feet; thence S8°50'05"W 101.98 feet; thence S2°28'3 I"E, 300.0 feet; thence
S3 ° 08'39"W, 132.77 feet; thence along the arc of a curve to the right whose point of radius bears
S87°31'29"W, 1380 feet an arc distance of 276.00 feet; thence S4°52'20"E, 197.17 feet; thence
S19°41'29"W, 154.21 feet; thence N87°59'08"W, 46.14 feet; thence N19°53'22"E, 4.62 feet; thence
N70°06'38"W, 134.06 feet; thence S19°53'22"W, 47.86 feet; thence N87°59'08"W, 247.69 feet to
The TPOB.
ALSO:
That portion of the NWl/4 of Section 27, T24N, R1E, W.M. lying westerly of the west margin of
the State Right-of-Way for SR-3 and SR-304. Except the foiling described property; Beginning at
the NW corner of said Sec. 27; thence along the noah line of said Sec. 27, S89°29'10"E 135.71 ft
to the TPOB; thence continue S88°29'10"E 107 fi; thence S1 °36'40"W 150 f~; thence N89°3 l'30"W
207 fi; thence N34°56'16"E 181.98 ft to the TPOB.
ALSO:
That portion of the Plat of Ole Hanson's Navy Yard Addition lying between the east margin of
Cottman Ave and the centerline of Oyster Bay Ave.
ALSO: The noah 375.6 feet of the NE1/4 of the NE1/4 of Section 28, T24N, R1E, W.M. EXCEPT
the following described parcel; That portion of Govt. Lot 1 of said Sec. 28. Beginning at the section
comer common to Sections 21, 22, 27, and 28 of said Township and Range; thence S 15°51'34"W
30 feet; thence N88° 15'53"W 957.38 feet to the TPOB; thence continuing N88° 15'53"W 373.78 feet;
thence S1°05'03"W 315 feet; thence running noaheastedy 485.90 feet to the TPOB. ALSO
EXCEPT the west 373.78 feet of the noah 30 feet of said Govt Lot 1.
CONTAINING 66.84 ACRES
Oyster Bay Avenue Annexation
ANNEXATION AREA MAP
EXHIBIT NO. "~L.."
./
, . ill
Brelnerton
E~St.
~[][]mm CurrenlBremertonCityLimits
....~, .-..mm,mm Annexation Area Boundary
Oyster Bay Avenue Annexation ~
EXHIBIT NO. "__.~,~.~"
Proposed COMPREHENSIVE PLAN
............................. Werner Road
MDR: Medium Density Residential
C-G: General & Highway Commercial
U: Utilities
,.
'~ ~tvd W '
City of
Bremerton
C-G
.W Zircon Ln.
MDR
: /
UNINCORPORATED
12
Sewage
Treatment
Plant
(in City)
.I
Oyster Bay Avenue Annexation
Proposed ZONING
EXHIBIT NO. "....1~~"
MF:
,~ -~ ~- ..... WernerRoad
Multi-unit Residential
(8-18 DU/Acre)
SF-3' Single-unit Residential
(3-8 DU/Acre)
IG: Industrial General
I
City of
Bremerton
,W Zircon Ln,
UNINCORPORATED
13
SF-3
r~St.
'SF-3 ..~_-~..~.
!
Sewage
Treatment
Plant
(in City)
EXHIBIT "E"
ADDITIONAL ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBERS:
9000-005-007-0008
4502-014-012-0101
4502-020-007-0006
4502-020-030-0106
4502-021-001-0000
4502-021-006-0005
4502-021-031-0004
4502-024-003-0002
4502-024-008-0007
4502-024-025-0204
4502-024-034-0005
4502-025-003-0009
4502-025-007-0005
4502-025-012-0008
4502-025-026-0002
4502-025-027-0001
4502-025-031-0005
4502-028-003-0003
4502-028-005-0001
4502-028-010-0004
4502-028-025-0007
4502-028-031-0009
4603-004-012-0001
4600-018-034-0008
222401-3-001-2004
222401-3-004-2001
4546-001-001-0000
4546-001-008-0003
4546-002-001-0008
4546-002-009-0000
4546-002-014-0003
4546-002-017-0000
4546-002-021-0004
4546-004-001-0004
4546-003-004-0003
4546-003-009-0008
4546-003-016-0009
4546-005-001-0100
4546-005-006-0006
4502-014-010-0004
4502-020-001-0002
4502-020-009-0004
4502-020-032-0005
4502-021-003-0008
4502-021-008-0003
4502-021-033-0002
4502-024-005-0000
4502-024-010-0003
4502-024-027-0004
4502-025-001-0004
4502-025-004-0008
4502-025-008-0004
4502-025-024-0004
282401-1-021-2008
4502-025-028-0000
4502-025-032-0004
4502-028-001-0005
4502-028-006-0000
4502-028-011-0003
4502-028-027-0005
4603-002-020-0005
272401-2-003-2009
4600-018-033-0009
222401-3-002-2003
222401-3-008-2007
4546-00t-005-0006
4546-001-009-0002
4546-002-002-0007
4546-002-012-0005
4546-002-015-0002
4546-002-018-0009
4546-002-022-0003
4546-003-001-0006
4546-003-006-0001
4546-003-010-0005
4546-003-018-0007
4546-005-004-0008
4546-005-007-0005
4502-014-010-0202
4502-020-003-0000
4502-020-028-0001
4502-020-035-0002
4502-021-005-0006
4502-021-028-0009
4502-024-001-0004
4502-024-007-0008
4502-024-024-0007
4502-024-032-0007
4502-025-002-0000
4502-025-005-0007
4502-025-009-0003
4502-025-025-0003
282401-1-059-2003
4502-025-029-0009
4502-025-034-0002
4502-028-004-0002
4502-028-009-0007
4502-028-022-0000
4502-028-029-0003
4603-003-001-0006
4600-018-001-0007
4600-018-038-0004
222401-3-003-2002
222401-3-006-2009
4546-001-006-0005
4546-001-010-0009
4546-002-005-0004
4546-002-013-0004
4546-002-016-0001
4546-002-019-0008
4546-002-023-0002
4546-003-002-0005
4546-003-007-0000
4546-003-013-0002
4546-003-019-0006
4546-005-005-0007
4546-005-008-0004
OYSTERBY.ORD - Ord. Dsk - 3/31/97
4546-005-010-0000
4546-005-015-0104
4546-005-023-0005
282401-1-062-2008
282401-1-067-2003
4546-005-011-0009
4546-005-018-0002
282401-1-003-2000
282401-1-069-2001
4546-005-012-0206
4546-005-021-0007
282401-1-002-2001
282401-1-068-2002
OYSTERBY.ORD - Ord. Dsk - 3/31/97
1
OYSTER BAY ANNEXATION PETITION
April 14, 1997
4502-014-007.-0009 CITY 2450 2450
9000.005-007.0008 CITY 12710 12710
4502-014-.010-0004 CITY 18290 18290
4502--014-010-0103 CITY 48690 48690
4502-014-010-0202 CITY ~.a.~.$O ~.~.~.80
4502.014-011-0003 CITY 64550 64550
4502-014-012-0002 CITY 22860 22860
4502-014-012-0101 CITY 4080 4080
4502-020--001-0002 CITY 22120 22120
4502-020-003-0000 CITY 63450 63450
4502-020-007-0006 CITY 49370 49370
4502-020-009-0004 CITY 71000 71000
4502.020-028.0001 CITY 16330 16330
4502-020-030-0106 CITY 20660 20660
4502-020-032-0005 CITY 51970 51970
4502-020-035.0002 CITY 11430 11430
4502-021.001-0000 CITY 82700 82700
4502.021-003-0008 CITY 54100 54100
4502-021.005.0006 CITY 7350 7350
4502-021--006-0005 CITY 34720 34720
4502-021-008.0003 City 1170 SW Bay Street 32670 32670
4502-021-028.0009 CITY 80880 80880
4502.021-031.-0004 CITY 44000 44000
4502-021-033..0002 CITY 43390 43390
4502-024-001-0004 CITY 58140 58140
4502-024-003-0002 C1TY 62410 62410
4502-024-005-0000 CITY- 69940 69940
4502-024-007-0008 CITY 35840 35840
4502-024-008-0007 City 4313 F Street 52120 52120
4502-024-010-0003 CITY 60290 60290
4502-024-024-000? CITY 4080 4080
4502-024-025-0204 CITY 16330 16330
4502-024-027-0004 CITY 499?0 499?0
4502-024-032-0007 Draper 4325 E Street 31680
4502-024-034-0005 Draper 4325 E Street 11430
4502-025-001-0004 Grimes 11029 Bartlett NE 18590
4502-025-002-0000 Draper 4325 E Street 66560
4502-025-003-0009 Draper 4325 E Street 24400
4502-025-004-0008 CITY 29810 29810
4502-025-005-0007 CITY 39960 39960
4502-025-00?-0005 Hastings 3756 Belfair Vly 4900
4502-025-008-0004 CITY 20080 20080
4502-025-009-0003 City 3059 Opdahl Rd E 53970 53970
4502-025-012-0008 CITY 5710 5710
4502-025-024-0004 CITY 17780 17780
4502-025-025-0003 CITY 9980 9980
4502-025-026-0002 CITY 37590 37590
4502-025-027-0001 Draper 4325 E Street 57380
4502-025-028-0000 CITY 26240 26240
4502-025-029-0009 CITY 31980 31980
4502-025-031-0005 CITY 29630 29630
4502-025-032-0004 CITY 41800 41800
4502-025-034-0002 Draper 4325 E Street 13880
4502-028-001-0005 CITY 81360 81360
4502-028-003-0003 CITY 32100 32100
4502-028-004-0002 CITY 44030 44030
4502-028-005-0001 CITY 32500 32500
4502-028-006-0000 Faith Temple 3114 13th St 38000
Church
4502-028-009-0007 City 8980 8980
4502-028-010-0004 City 53480 53480
4502-028-011-0003 Nichols PO Box 491 94230
4502-028-022-0000 City 320 320
4502-028-025-0007 City 55450 55450
4502-028-027-0005 Faith Temple 3114 13th Street 45930
Church
4502-028-029-0003 City 39280 39280
4502-028-031-0009 City 86880 86880
4603-002-020-0005 State DOT PO Box 47440 17320 17320
4603-003-001-0006 State DOT 600 Capital Way N 100000 100000
4603-004-012-0001 State Agency Lands 600 Capital Way N. 340 340
272401-2-003-2009 State Dept of PO Box 47440 178900 178900
Transportion
4600-018-001-0007 City 4080 4080
4600-018-034-0008 City 72400 72400
4600-018-033-0009 City 56470 56470
4600-018-038-0004 City 6530 6530
222401-3-001-2004 City 61860 618.60
222401-3-002-2003 City 39150 39150
222401-3-003-2002 Ketchum 4321 C St 96670
222401-3-004-2001 City 6530 6530
222401-3-008-2007 City 50650 50650
222401-3-006-2009 City 49830 49830
4546-001-001-0000 Houghton 275 Broad Hollow 73090
4546-001-005-0006 City 39460 39460
4546-001-006-0005 City 95370 95370
4546-001-008-0003 City 55720 55920
4546-001-009-0002 HMI In¢ PO Box 4999 2450 2450
4546-001-010-0009 Houghton 275 Broad Hollow 13880
4546-002-001-0008 City 9800 9800
4546-002-002-0007 City 24500 24500
4546-002-005-0004 City 32670 32670
4546-002-009-0000 City 67850 67850
4546-002-012-0005 City 6530 6530
4546-002-013-0004 City 51090 51090
4546-002-014-0003 City 68090 68090
4546-002-015-0002 City 1400 Cottman Ave 93550 93550
4546-002-016-0001 HMI Inc. PO Box 4999 13880 13880
4546-002-017-0000 City 13880 13880
4546-002-018-0009 City 13880 13880
4546-002-019-0008 City 48330 48330
4546-002-021-0004 Preus 9151 Tracyton Blvd. 9800
4546-002-022-0003 Jarstad 2823 Hefner 8160 8160
4546-002-023-0002 Wright 1622 Cottman Ave 45090
4546-004-001-0004 Haselwood PO Box 4999 32670 32670
4546-003-001-0006 City 50070 50070
4546-003-002-0005 City 54110 54110
4546-003-004-0003 City 71500 71500
4546-003-006-0001 City 57560 57560
4546-003-007-0000 City 117510 117510
4546-003-009-0008 City 8160 8160
4546-003-010-0005 Dahl E 940 St Hwy 302 20220
4546-003-013-0002 City 80650 80650
4546-003-016-0009 City 66910 66910
4546-003-018-0007 City 11350 11350
4546-003-019-0006 City 97110 97110
4546-005-001-0100 Haselwood PO box 4999 54250 54250
4546-005-004-0008 Thomes 915 Oyster Bay Ave 40610
S
4546-005-005-0007 City 63220 63220
4546-005-006-0006 Hastings 3756 Be~lfair Vly 16330
4546-005-007-0005 City 49580 49580
4546-005-008-0004 Ross 901 Oyster Bay 16330
4546-005-010-0000 Ross 901 Oyster Bay 8160
4546-005-011-0009 Sarstad 2823 Hefner 8160 8160
4546-005-012-0206 Ross 901 Oyster Bay Ave 18000
4546-005-015-0104 Ross 901 Oyster Bay 96000
Avenue
4546-005-018-0002 Casad 16020 NE 2nd St 17150
4546-005-021-0007 Ross 901 Oyster Bay 50630
4546-005-023-0005 Jarstad 2823 Hefner 13880 13880
282401 1 003 2000 Meigs 1711 Bayview Drive 40830
282401 1 002 2001 Meigs 1711 Bay View Drive 184760
282401 1 0022001 Meigs 1711 Bay View Drive 95140
282401 1 062 2008 Haselwood PO Box 4999 3590 3590
282401 1 069 2001 Lauth 8712 Magnolia #196 24500 24500
282401 I 068 2002 Lauth 8712 N Magnolia 24500 24500
282401 1 067 2003 Lauth 8712 Magnolia #196 40830 40830
282401 1 021 2008 Lauth 8712 N Magnolia 56430 56430
#196
282401 1 059 2003 Haselwood PO Box 4999 21250 21250
TOTALS (77.8%) 4389340 5639010
FINDE GS OF FACT
CONCLUSIONS OF LAW
of the BREMERTON PLANNING COMMISSION
Oyster Bay Avenue Annexation Area
PRE-ANNEXATION PLAN & ZONING
File No: PAZ-01-97
Prepared by: Ron W. Hough, Planning Manager --- Department of Community Development --- Feb. 10, 1997
SUMMARY
The City of Bremerton is considering the annexation of approximately 67 acres, known as
the Oyster Bay Avenue Annexation Area. The area is a portion of an unincorporated
area in the vicinity of, and surrounding, Bremerton's sewage treatment plant. The
accompanying maps show the extent and location of the proposed annexation.
Prior to the final annexation decision by the City Council and Boundary Review Board,
the City's process calls for Planning Commission review and recommendation for the
most appropriate Comprehensive Plan designation and City zoning, both of which will
take effect upon annexation.
FINDINGS OF FACT
1. APPLICANT:
LOCATION:
Owners of properties within the Annexation Area have submitted
Letters of Intent to Annex their properties into the City, or have
entered into agreements with the City whereby they would receive
City utility services while remaining in the County until such time
as annexation is most appropriate.
The annexation area consists of approximately 67 acres and about
125 individual parcels. It is located in the "West Hills" area of
West Bremerton, generally west of and including SR-3, south of
Werner Road, east of Cottman Avenue, north of the Sunn Fjord
development, and surrounding the City's sewage treatment plant,
which is already within the City limits. (SEE: "General Location" map
and "Annexation Area Map")
75
o
DESCRIPTION:
(a) Size: Approximately 67.38 acres.
(b) Lots: Approximately 125 lots of various shapes and sizes.
(c) Development:
Most of the proposed annexation area consists of small vacant parcels and
older residences on relatively small lots in an urban-like setting along the
west side of the freeway (SR-3) and generally north of the sewage
treatment plant. The area also contains some small business uses, a
church, and a small park. With the exception of a couple dwellings, the
areas south of the treatment plant are undeveloped.
(d) Access:
Werner Road provides direct access from the freeway (SR-3).
Oyster Bay Avenue, south of Werner Road, provides access into the
Annexation Area from the AUto Center commercial district to the north.
Roosevelt Street provides access from Union Avenue on the west.
(c)
Topography:
The Annexation area consists of some steep terrain (up to 25% slopes) as
well as some relatively flat areas. The primary residential neighborhood
lies in a narrow valley between SR-3 to the east and hillside residential
areas to the west.
(d)
Utilities:
Sewer: The annexation area surrounds the Bremerton sewage treatment
plant and lies within the City's sewer service area. Future growth and
development, as proposed in the City's Comprehensive Plan, can be
adequately and conveniently served.
Water: The area is within the City's water service area and planned
future growth can be adequately served with City water.
police: The area is currently within the jurisdiction of Kitsap County and
served by the County Sheriff's office. Upon annexation the Bremerton
Police Department will have primary responsibility for law enforcement.
2
DESCRIPTION:
(a) Size: Approximately 67.38 acres.
(b) Lots: Approximately 125 lots of various shapes and sizes.
(c) Development:
Most of the proposed annexation area consists of small vacant parcels and
older residences on relatively small lots in an urban-like setting along the
west side of the freeway (SR-3) and generally north of the sewage
treatment plant. The area also contains some small business uses, a
church, and a small park. With the exception of a couple dwellings, the
areas south of the treatment plant are undeveloped.
(d)
Access:
Werner Road provides direct access from the freeway (SR-3).
Oyster Bay Avenue, south of Werner Road, provides access into the
Annexation Area from the AUto Center commercial district to the north.
Roosevelt Street provides access from Union Avenue on the west.
(c)
Topography:
The Annexation area consists of some steep terrain (up to 25% slopes) as
well as some relatively flat areas. The primary residential neighborhood
lies in a narrow valley between SR-3 to the east and hillside residential
areas to the west.
(d)
Utilities:
Sewer: The annexation area surrounds the Bremerton sewage treatment
plant and lies within the City's sewer service area. Future growth and
development, as proposed in the City's Comprehensive Plan, can be
adequately and conveniently served.
Water: The area is within the City's water service area and planned
future growtli can be adequately served with City water.
Police: The area is currently within the jurisdiction of Kitsap County and
served by the County Sheriff's office. Upon annexation the Bremerton
Police Department will have primary responsibility for law enforcement.
2
77
The City's Police Department has a higher ratio of officers to population
and has the ability to serve the area adequately.
Fire; The Annexation Area is presently served by a rural fire district.
Upon annexation, it will be served by the Bremerton Fire Department,
which has the equipment and the full time professional fire and medical
personnel needed to serve the area adequately. The nearest City fire
station is located at the southwest comer of Arsenal and Kitsap Way.
COMPREHENSIVE PLANS:
(a) Kitsap County_:
Kitsap County's most recent Comprehensive Plan was adopted in December 1996
but is subject to review and approval by the Growth Management Hearings Board,
which declared the previous Plan invalid. The newly adopted Plan has placed all
of the annexation area within the Urban Growth Area, making it subject to
annexation. The Plan also designates the area "Urban Low Residential (6-9
DU/acre)". This designation is not consistent with Bremerton's long-range plans
for the area following annexation, as adopted in the "West Hills Area Plan".
(b) City_ of Bremerton:
Bremerton revised its Comprehensive Plan in 1986.
In 1990, the City adopted the "West Hills Area Plan" as an amendment to its
Comprehensive Plan. That plan provided the official recommendations for pre-
annexation Plan and Zoning designations' as the area annexed to the City. About
two-thirds of the West Hills area has already annexed.
In April 1995, the City adopted its newly revised "GMA" Comprehensive Plan.
Following an appeal, the new Plan was revised and re-adopted in February 1996.
Prior to the Growth Management Act of 1990, Bremerton's Comprehensive Plan
included unincorporated areas surrounding the City. Because this particular area
was nearly surrounded by the City, and because the City had done an "area plan"
several years ago, the new 1995 Comprehensive Plan designated the Oyster Bay
Avenue area "C-G" (General & Highway Commercial), which was consistent
with the earlier area plan. For this review, the earlier "West Hills Area Plan" will
serve as the primary guide.
The "West Hills Area Plan" proposed that the Oyster Bay Avenue portion of the
annexation area be designated "Commercial" north of the treatment plant,
3
"Residential 7-15 DU/Acre" west of Oyster Bay Avenue and south of Jones
Street, and "Residential 15-30 DU/Acre southwest of the treatment plant. The
area directly south of the treatment plant was proposed for a "Public" designation,
allowing for future expansion in that direction.
This staff report proposes to retain the general concepts adopted in the "West
Hills Area Plan" while adjusting the designations to align with those in the
current citywide Comprehensive Plan. The designations will be adjusted as
follow: (See: Exhibit"A": Proposed Comprehensive Plan)
Designations
West Hills Area Plan
Residential 7-15 Units per acre
Residential 15-30 Units per acre
Commercial
Public
Adjusted Designations
To be consistent with the current
Bremerton Comprehensive Plan
LDR: Low Density Residential
MDR: Medium Density Residential
C-G: General & Highway Comc'l.
U: Utilities
ZONING:
(a) Kitsap County_:
Without a valid Comprehensive Plan or Zoning Ordinance, Kitsap County is
currently operating under an "interim" zoning ordinance. That Zoning Map
designates the Oyster Bay Avenue area "Urban Residential 9 (UR-9)". The
southern portion of the annexation area (south of the treatment plant) is currently
zoned "Urban Residential 6 (UR-6)". These zones allow residential
development to densities of 9 and 6 units per acre respectively and are consistent
with the County's Comprehensive Plan designation but inconsistent with the
City's plan for this area.
(b) City_ of Bremerton:
City zoning does not extend .beyond the City limits but will be applied upon
annexation. Whatever zoning is applied must be consistent with the
Comprehensive Plan designation that is also applied. It should be noted that the
Bremerton Zoning Ordinance provides for the "phasing" of growth, whereby an
area may retain a lower intensity zoning designation until such time as it is ready
4
for a rezone and development consistent with its Comprehensive Plan designation.
This situation was envisioned in the "West Hills Area Plan" which designated
most of the residential neighborhood "Commercial", but recommended that the
zoning remain low-density residential until such time as the area is ready for
redevelopment. The proposal is to preserve that concept in the area north of the
treatment plant by applying a commercial Plan designation and the SF-3
residential zone.
(c) Zoning Options:
The "West Hills Area Plan" recommended SF-3 zoning for this entire
annexation area, including the area southwest of the treatment plant that is
planned for "Medium Density Residential". Since the SF-3 zone is very similar
to the present County zoning of UR-9, it is the recommended zoning for the
northern portion of the annexation area, as shown in Exhibit "B". Although this
appears to be inconsistent with the commercial Plan designation in that area, the
objective is to phase-in the zoning over time, in accordance with market demands.
Zoning Ordinance section 21.02.255 allows for this method of phasing.
Since SF-3 falls into the low-density category of zones, it would be inconsistent
to apply it to an area planned for medium densities. Therefore, the MF
(Multiple-unit Residential) zone is being recommended in the southwest portion
of the annexation area. This is the only appropriate medium density zone
available. The MF zone allows a density of 8-18 units per acre. Higher densities
would not be compatible with the environment and terrain and are not
recommended for this location.
The area directly south of the sewage treatment plant was designated on the
"West Hills Area Plan" as '~Public" and'should be changed to "Utilities" to be
consistent with the current Comprehensive Plan. Since Bremerton has no
"Utilities" zone, the treatment plant is currently zoned "IG" (Industrial General).
It is proposed that the "IG" designation be extended to the south as shown on the
Proposed Zoning Map (Exhibit "B").
PROCEDURES FOR APPROVAL
This annexation is being processed in accordance with the 75% Petition Method as
outlined in RCW 35.13.125. The final annexation proposal and 75% petition will be
considered by the City Council for approval by ordinance.
5
o
The annexation area was reviewed by City staff, who made both Comprehensive Plan and
Zoning recommendations.
The Bremerton Planning Commission conducted a public hearing on February 18, 1997,
accepted public comments on the staff proposals, deliberated, and formulated its Plan and
Zoning recommendations to the City Council. The Commission considered only the
Plan and Zoning issues and did not consider or discuss the merits of the annexation itself.
In most situations, the City's Comprehensive Plan can be amended only once each year.
However, there are exemptions for emergencies and for annexations. This allows the
Plan Amendment that is needed to complete this annexation to be approved as part of the
annexation package without a delay in the annexation process.
Environmental Review (SEPA) is not required for annexations, but is required when
Comprehensive Plans and Zoning Maps are amended. The required SEPA Checklist was
completed for these amendments on February 10, 1997, and a Determination of
Nonsignificance (DNS) has been issued by the City's SEPA Official.
CONCLUSIONS & RECOMMENDATIONS
1. CONCLUSIONS:
(a)
This unincorporated area has an extensive planning history. The "West Hills
Area Plan" of 1990 was Bremerton's only neighborhood plan that was prepared
for an unincorporated area in order to coordinate streets, utilities and land use
designations in advance of annexation. Approximately two-thirds of the adopted
Plan for West Hills has already been implemented through previous annexations.
Minor adjustments to the Plan and zoning designations are now in order to make
them consistent with the City's Comprehensive Plan. The final step is to apply
those designations as the area is annexed.
(b)
The Bremerton Comprehensive Plan is not consistent with the County's Plan for
this area. Since Bremerton's designations were recommended in 1990 following
an extensive planning effort, there is no basis for a change to the Bremerton Plan
to make it consistent with a County Comprehensive Plan which may not be a
valid plan. It's likely that this annexation will be completed prior to a final
Growth Hearings Board decision on the County Plan's validity.
(c)
Bremerton's water and sewer service areas include this unincorporated area and
those services are or will be available, to serve future proposed developments.
6
(d)
(c)
Access to and from the area via Oyster Bay Avenue and Wcrner Road is direct
and short. Good freeway access will enhance the area's ability to grow as a future
business center, consistent with tile proposed Plan designation.
Tile proposed interim residential zoning is consistent with existing development,
is permitted by the Zoning Ordinance, and will give those property owners the
additional time needed before a change to commercial zoning is warranted.
RECOMMENDATIONS
It is hereby recommended that the following Comprehensive Plan designations and
Zones, as shown in attached Exhibits "A" and "B" respectively, be applied to the Oyster
Bay Avenue Annexation Area upon annexation:
II Location, I,,, ComprehensivePian I Zonin~ ' I
Southwest of sewage MDR: Medium-density Res. MF: Multi-unit Res.
treatment plant (8-18 DU/Acre) (8-18 DU/Acre)
West of sewage MDR: Medium-density Res. MF: Multi-unit Res.
treatment plant (8-18 DU/Acre) (8-18 DU/Acre)
North of sewage C-G: General & tlighway SF-3: Single-unit Res.
treatment plant Commercial (3-8 DU/Acre)
South of sewage U: Utilities IG: Industrial General
treatment plant
Recommended by the Bremerton Planning Commission on February 18, 1997.
Donald L. Pratt, DCD Director
Planning Commission Secretary
Laurence Stone, Chair
Bremerton Planning Commission
7
Oyster Bay Avenue Annexation
ANNEXATION AREA MAP
City of
Bremerton
~°OSevelt vd
City Limits
.W Zircon
/
UnincorPorated
Area
Werner Road
Area
(Navy,. Yard City), ~ ~
9
-~: Unincorp~orated
film
Current Bremerton City Limits
Annexation Area Boundary
West Hills Area Plan
1990 Proposed Land Use Plan
Werne~' Rd '
COMMERCtAL'
COMMERCLAL'
RESIDENTIAL
BREMERTON
CITY UMITS
PUBLIC
l0
RESIDENTIAL
West Hills Area Plan
1990 Proposed Zoning
PROPOSED ZONING
W~ner Rd '
SF-3 - Single-family Residential
GB - General Business
IG - General Industry
CiTY ZOI~ING TO BE APPLIED
CNLY UPCN ANNEXATICN.
SF-3
GB
SF-3
GENERAL BUSINESS
SINGLE FAMILY RESIDENTIAL
(SMALL LOTS)
PLAN AREA
BOUNDARY ..............
BREMERTON
CITY LIMITS ...........
~
SF- 3
,G
IG
Oyster Bay Avenue Annexation
Exhibit "A"
Proposed COMPREHENSIVE PLAN
......... ;"'-~~--
MDR: Medium Density Residential
C-G: General & Highway Commercial
Utilities
U:
,w
:n Ln.
.......... MDR:
Werner Road
C-G
:-1 12
, / UNINCORPORATED..... ' .
Sewage
Treatment
Plant
(in city)
JL~
Oyster Bay Avenue Annexation
Exhibit "B"
Proposed ZONING
MF:
Multi-unit Residential
(8-18 DU/^cre)
SF-3: Single-unit Residential
(3-8 DU/Acre)
IG:
Industrial General
Werner Road
°OSevelt Si~~W
Breme,rton
Sewage
,Treatment
Plant
(in City)
, I
.W Zirco
;
UNINCORPORATED 13
.... .-.
/ ~
Oyster Bay Avenue Annexation
Exhibit "C"
LEGAL DESCRIPTION
THE OLE HANSON'S & SR3 & SOUTH OF TREATMENT PLANT AND GOVT LOT 1
SEC 28 ANNEXATION AREA 11/18/96. CHECKED BY NED LEVER.
That portion of the SEl/4 of the NEll4 of Section 21, T24N, R1 E, WM, lying easterly of
the westerly margin of the Right. of-Way acquired for SR-3, and south of the south
margin of Werner Rd (LOxie Egans Blvd.)
ALSO:
That portion of Section 22, T24N, R1E, WM, lying westerly of the easterly right-of-way
line of SR-3, and southerly of the south right-of-way line of Werner Rd (K Street),
Except the following described properly; Beginning at the SW corner of Section 22,
T24N, R1 E, W.M.; thence S87°59'08"E, 30 feet to the east margin of Oyster Bay Road
and the TPOB; thence N1 °59'33"E, 592.34 feet; thence S22°34'27"W 85.33 feet;
thence N1 °59'33"E 449.60 feet; thence S88°05'58"E 200.99 feet; thence N22°34'27"E
107.31 feet; thence S88005'58"E 170.88 feet; thence N1 °51'36"E 90.0 feet; thence
S88°05'58"E, 75.97 feet; thence S8°50'05"W 101.98 feet; thence S2°28'31"E, 300.0
feet; thence S3°08'39"W, 132.77 feet; thence along the arc of a curve to the right
whose point of radius bears S87°31'29"W, 1380 feet an arc distance of 276.00 feet;
thence S4°52'20"E, 197.17 feet; thence S19°41'29"W, 154.21 feet; thence
N87°59'08"W, 46.14 feet; thence N19°53'22"E, 4.62 feet; thence N70°06'38"W, 134.06
feet; thence S19°53'22"W, 47.86 feet; thence N87°59'08"W, 247.69 feet to The TPOB.
ALSO:
That portion of the NWl/4 of Section 27, T24N, R1 E, W.M. lying westerly of the west
margin of the State Right-of-Way for SR-3 and SR-304.
ALSO:
That portion of the Plat of Ole Hanson's Navy Yard Addition lying between the east
margin of Cottman Ave and the centerline of Oyster Bay Ave.
ALSO: The north 375.6 feet of the NEll4 of the NEll4 of Section 28, T24N, R1E, W.M.
EXCEPT the following described parcel; That portion of Govt. Lot 1 of said Sec. 28.
Beginning at the section corner common to Sections 21,22, 27, and 28 of said
Township and Range; thence S 15°51'34"W 30 feet; thence N88°15'53"W 957.38 feet
to the TPOB; thence continuing N88° 15'53"W 373.78 feet; thence S1 °05'03"W 315
feet; thence running northeasterly 485.90 feet to the TPOB. ALSO EXCEPT the west
373.78 feet of the nodh 30 feet of said Govt Lot 1.
CONTAINING 67.38 ACRES
14
STAFF REPORT: ANNE ON
Oyster Bay Avenue Annexation
Prepared by Te~e O'Neill, Mun. icipai Services Coordinator
November 26, 1996
Cities use annexation to expand their boundaries and to provide land for new
development. As Bremerton faces the turning of the century, many new venues for re-
vit~dization are on the horizon, but resources and services are finite. The City Council
is charged by state statute to determine what annexations are best for the city. The
following report is provided to give the City Council necessary data for the evaluation
of a request to annex to the City of Bremertorc
Section 1: A Review of City Policy on Annexation:
The city seeks to annex areas that will enhance the economy and livability of the City of
Bremertorc According to polices adopted for annexation by City Council, the City of
Bremerton considers annexation a means of meeting community n~-'cds. This includes
both the service and capital needs of the applicant and the needs of existing city
To evaluate the suitability of a site proposed for annexation, short- and long-term
community impacts on aH residents should be studied. The area should have the
ability to provide the resources necessary to accommodate their own service and capital
needs. Only annexations which do not diminish the current level of services, over
time, should be accepted. In some cases, annexation brings about a reduction in costs
to the city. This is accomplished through the collection of taxes from an area where the
city is already providing many services, either through mutual aid or otherwise.
Section 2: Services to the Proposed Area
The Oyster Bay Avenue is a slender corridor between the state highway and an exis[~ng
city neighborhood, which was annexed last year. The following comments were
received from departments regarding service provision to the annexation area:
Parks and Recreation:
November 18, 1996 1
The effect of the Oyster Bay Annexation is very minimal to the department inasmuch as
the region is already served by several local parks (3), including Pendergast off of
Union Avenue.
Utillty Services: Water
Water service to the area is provided by the City of Bremerton. Water storage
for the area comes from Reservoir 4, with an eleven-million gallon capacity, locat~l at
Union and 3rd Avenues. Water lxansmission to and through the area is conveyed by a
24" main in Oyster Bay Avenue and crossing Hwy. 3 at H Street. Distxibution mains in
F, G, and H Stxeets consist of I V2" to 2" galvanized lines. Distxibution mains in C, D, E
and Bayview consist of 4" ductile iron lines constxu~ in 1981. Water pressure on the
24" main in Oyster Bay AvenUe is between 50 and 60 psi. Fire hydrants are locat~l at
three intersections along the 24" Oyster Bay Avenue main.
It is anticipated that water storage and pressure for the area is adequate for most
land uses. Distxibution mains of substandard size, i.e. 1 ~" and 2", are included in the
city substandard main upgrade list. These mains are not scheduled for replacement
within the next five years due to their short lengths and limited number of services.
Substandard main replacement is scheduled based on priority in the list and street
overlay coordinatiorc Additional fire hydrants will likely be necessary if any new
development occurs within the area. Sewer.
Wastewater service to this area is provided by the City of Bremerton. Being
locat~l directly north of the city treatment plant, two interceptor sewers cross the area.
One serves Oyster Bay and Sinclair Park sewer basins and is located along the west
margin of Hwy. 3. This main is at capacity and an alternative to provide addildonal
flow is under investigation. The other interceptor sewer serves the Kitsap Lake basin
and is located in Jones Stxeet, C Street and Bayview Avenue. Local streets within this
area are served by standard 8" sewers.
It is anticipat~l that an upgrade of the Oyster Bay interceptor line will be needed
and is included in the city Wastewater Comprehensive Plan. If the system
modifications currently under consideration are as effective as anticipated, replacement
will not be necessary in the immediate future. Provisions for the upgrade will need to
November 18, 1996 2
be considered in the planning efforts for this area. No upgrades of h~ local sewers are
antidpated.
No combined sewer separation is scheduled for this area. Some minor
stoti~iwah~r inflow to the sewer system appears to occur in Oyster Bay Avenue and C
Street. A minor stormwater separation project my be undertaken at some point in h~
future to eliminate ~ block of combined sewers wifl~in h~ area.
Storm drainage:
A major drainage draw parallels Hwy. 3 on h~ east margin ot: ~ area. Runoff
from the Sinclair Park basin (auto center) flows through this drain~ There are not storm
drains within the local streets of the area and stormwater is carried as surface flow to
the drainage draw. The city owns a detention basin at the nor~ end of httis area. This
basin serves to improve water quality and limit peak discharge from ~ area west of
Oyster Bay Avenue an south of Werner Road. There are no storm drainage
improvements anticipated for the area.
Public Works:
Roads:
The roads in the area to be annexed are asphalt construction and are
substandard when compared to current city street standards. The roads have no curbs
and no sidewalk which make it difficult for pedestrian traffic. Oyster Bay Avenue
needs to be widened from Jones Street south to the end, for the traffic entering the
treatment plant. The overall roadway condition of the roads will place them in the
lower Overall Condition Index (OCI) in the city Pavement Management System.
The OCI of these roads is relatively low when compared with the existing
roadway system of the city. This will cause them to be placed higher in priority than
some of our existing dry streets. Additionally, a guard rail may be needed alone the
roadway at Roosevelt and Cottman Avenue. The project to widen Oyster Bay Avenue
to accommodate plant traffic will be accomplished through the Wastewater division~
The project is list~ in the city Capital Improvements Plan (CIP).
Department of Community Dewelopmenl:
This department has developed a comprehensive document for the area, which was
November 18. 1996
3
adopt~d by the City Council in 1990. The West Hills Area Plan identifies Land Use
Planing, circulation, public services and utilities, and future city zoning. The plan
includes ~wo other areas which were earlier annexed into the ci~,. In h~e body of the
plan, the writer explains tha~, due to fhe advantageous central location of the si~e and
proximity to Stat~ Rout~ 3, growth pressures in the area axe expected to continue. The
area topography and accessability combine to provide excellent "visibility, which may
prove to be an important asset for the futurev'.
Emergency Services: Police:
Due to the small population of the area, no negligible impact to police services is
expected.
Fire:
Services to the area will be provided within five minutes from station two, on
Kitsap Way, or from the downtown station one.
~ "West Hills Area P/an." City_ of Bremerton. Adopted February 7, 1990 by the
Bremerton City Council, resolution #2287 and was amended to the Bremerton Comprehensive
Plan. Donald L. Pratt, Director, Department of Community Development.
November 18, 1996
4