HomeMy WebLinkAbout10/09/96 AGENDABREMERTON CITY COUNCIL
239 4TH STREET
BREMERTON, WA 98337
CITY COUNCIL AGENDA
OCTOBER 9, 1996
CALL TO ORDER - 5:30 P.M.
A. Pledge Of Allegiance
B. Invocation
CONSENT AGENDA
Items listed below have been distributed to Council members in
advance for study and will be enacted by one motion. If
separate discussion is desired on an item, it may be removed
from the Consent Agenda and placed on the Regular Agenda at
the request of a Council member.
A. Minutes - September 11, 1996
AB96-225
3. CLAIMS/CHECK REGISTERS
4. COUNCIL MEMBER REPORTS
5. F~AYOR~S REPORT
6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes)
7 o
NEW BUSINESS
A. Appointment of Cheryl Kincer To The Disability
Action Committee
B. Professional Services Agreement For Design Of
Corrosion Control Facility
C. Contract with Kitsap County to provide
Financing For Improvements To The Admiral
Theater
#AB96-226 ~
#AB96-227 ~--
#AB96-228 J7
8 o
PUBLIC HEARING - 6:00 P.M. OR LATER
A. Resolution #2563 Regarding Recovery Of Fees For
The Abatement Of The Property Located At 1510
Snyder Avenue
#AB96-229 ~/~
1. SUBJECT:
AGENDA BILL
BREMERTON CITY COUNCIL
~%NUTES - SEPTEiiBER 11] 1996
10-9-96
FOR AGENDA OF:
ORIGINATING DEPT: City (]ounci
ORIGINATOR: John E. Law~
DATE SUBMITTED: 10-3-96
2. c~cEs:
(comment on back
if necessary)
EXHIBITS:
NOTE: Minutes will be distributed on
MONDAY, October 7, 1996.
ENDORSEMENT__ INFORMATION__
MAYOR
APPROVED BY coUNcIL PR~SDDENT FOR SUBMITTAL:
COUNCIL PRESIDENT ~ ~ ~
4. SUMIiARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
8. E~_~_OPLMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIP~ATION DATE:
REVIEW DATE:
PULLED __ TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED __ DISAPPROVED __
DATE:
AMENDED __
il.
AGENDA'~ILL NO:
TAPE #1405
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
SEPTEMBER 11, 1996
#0028
The regular meeting of the city Council of the City of Bremerton
was called to order in the City Council Chambers, 239 4th Street,
Bremerton, Washington, Wednesday, September 11, 1996, at 5:30 P.M.,
with Council President John Law presiding. Council members present
were Bob Winters, Carlos Montgomery, Sherril Huff-Menees, David
Fart, Richard Neville, Lon Overson, Cecil McConnell, and A1 Colvin.
Also present were City Attorney Ian Sievers and City Clerk Kathleen
McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Law and Invocation given by Reverend Larry Reed of
Olympic View Assembly of God Church.
CONSENT AGENDA
None
CL~T~E/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/McConnell) on September 11, 1996, the Council does
approve for payment those vouchers included and further described
as follows: 201357 through 201543 in the amount of $565,649.17.
coUNCIL MEMBER REPORTS
Mr. Colvin announced the District %1 Neighborhood Meeting scheduled
for September 19 will be MC'd by Wayne Olsen and Mayor Lynn Horton
will give the State of the city address.
Mr. Overson reported today at approximately 2:00 A.M., the
Bremerton Police Department was summoned by his neighbor due to an
apparent prowler. He was pleased to report the Police response was
very quick and the problem resolved. Because his mother and
mother-in-law heard such good things about this area, they are both
currently visiting the Oversons. He extended a special welcome to
his mother-in-law Mary Long Erickson.
Mr. Neville reminded everyone to exercise their right to vote on
Tuesday.
Mrs. Huff-Menees also encouraged people to vote on Tuesday and
pointed out many races will be decided on Tuesday. She
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September 11, 1996
Page 2 of 31
congratulated the City on the opening of the new 18-hole Olympic
Course at Gold Mountain.
Mr. Montqomer¥ reported on September 6, 1996, he sent a letter to
President Clinton in reference to the USS Missouri being moved to
Hawaii for its final resting place. His position was clearly
stated opposing such a move and the fact that it would be visited
by only the wealthy, thereby depriving the many hundreds of
thousands of people the opportunity to visit the historical ship.
And, he did not support the idea of bringing the USS IOWA to
Bremerton, since it currently is moored on the east coast. He
doubted he would receive a response from the President. On
Saturday he attended the dedication of the new Crownhill School.
He urged everyone to vote on Tuesday.
Mr. Winters stated he agreed with Mr. Montgomery's letter and
suggested that others write the President. He thanked the
individuals, who contacted him this week, regarding the District #9
Neighborhood Meeting he held at his home on Monday. He urged the
public to please support local fund raising activities. If someone
is not registered to vote, their vote won't count, so the first
step is to register. He is looking forward to meeting lots of
people on the new golf course on Friday.
Mr. Law stated he is convinced the new Gold Mountain Olympic Course
has at least 17 signature holes and undoubtedly the most beautiful
course next to Pebble Beach. District #3 will hold a Neighborhood
Meeting on September 17, at the Senior Center, 7:00 P.M., with
Police Chief Paul DuFresne as the guest speaker. The Manette
Merchants Flea Market will be held on September 15, 1-5 PM.
MAYORIS REPORT
Mayor Lynn Horton extended an open invitation to the opening
ceremony for the new golf course on Friday, 12:00 noon.
Mayor Horton issued the following Proclamations:
(1) September 16, 1996, Gold Star Parents And Gold Star Wives
Remembrance Day, which was accepted by Nancy Lowan, President of
Veterans of Foreign Wars Ladies Auxiliary. Bob Sauter emphasized
the men and women who died fought for our right to vote and if it
were not for their sacrifice we would not have that right. He
urged people to register to vote.
(2) September 20, 1996, Prisoner of War And Missing In Action
Remembrance Day, which was accepted by Bob Sauter, who announced he
will read this Proclamation on MIA Day in Olympia at the Capital
Campus September 20, 10:00 AM.
PUBLIC RECOGNITION
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shirle~owerton, Bremerton resident, stated she and her sister-in-
law purchased flower pots for the Front Street businesses...they
built them and planted them; however, last night half of them
disappeared. She questioned the City's authority to set time
limits in special marked Handicap parking spaces in front of City
Hall. She also questioned if the residents of Bremerton would have
the opportunity to vote on any revitalization or re-development of
the downtown area? President Law assured Ms. Howerton she would
receive a response to her questions.
Don Larson, President Washington Scuba Alliance, reminded Council
and the public of the Sinclair Inlet Clean-up & Marine Fair to be
held September 21, 11:00 AM - 2:00 PM., at the First Street Dock.
He also requested the city to plan for a future underwater park by
including it in the city's Capital Improvement Plan.
Karen williams spoke about the Constitution Day event - September
15, 1:30 P.M., at the Bayview Inn, sponsored by the Martin Luther
King Jr. scholarship Fund.
~inda Kroum, YWCA A.L.I.V.E. Program, talked about the YWCA Week
Without Violence October 6 -12.
Richard Chrlsinqer expressed his support for keeping the USS
Missouri in Bremerton. He announced a Dedication Ceremony for the
WWII Memorial will be held on October 3, 1996, in Olympia. Model
#22 was selected for the memorial. He also urged members of the
public to vote.
charlie Brown, Bremerton resident, stated a noise problem involving
a parking lot sweeper is an on going problem in his neighborhood;
however, he believes the city is trying to work through the
problem. He feels if Bremerton can't have the USS Missouri it
should be anchored in Tokyo Bay. He brought up the August 2nd
Sinclair Landing Association/Fletcher Wright sponsored event at
McCormick Woods and was trying to under stand why this
organization, who is in place to either redevelop or revitalize
downtown Bremerton, would hold a social event outside the city of
Bremerton. He could think of two places in Bremerton to hold such
an event - the Turner Joy or on the boardwalk. He also believes
the SLA Board should have an open meeting, at the boardwalk, and
invite the public to view the presentation material and allow
public comment.
Gord¥ Byrd encouraged citizens to vote on Election Day. He also
his appreciation of the Fire Department Paramedic Service's quick
response to assist him with a medical emergency.
Del Knauss expressed concern that Councilman Montgomery publicly
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read a letter addressed to Mr. Knauss without getting Mr. Knauss's
permission. He referenced a recent Value Engineering Study that
addressed making Burwell and 6th Street, possibly llth Street and
Callow Avenue one-way, and removing parking on Callow. He felt
strongly that Council should stick to their previous decision to
not go to a one-way couplet involving Burwell, 6th Street and
Callow Avenue. He questioned why is the City paying one consultant
to review another consultant? He believes the push for one-way
streets is coming from the developers of the Sinclair Landing
project. He emphasized we can't do something detrimental to the
residential neighborhoods to save downtown Bremerton. Also, if
Callow Avenue is made one-way and if parking is removed from that
area, it will kill the Callow Avenue Business District. Someone on
the City Council needs to tell the Mayor and consultants "we are
done studying, we took a vote it is over." He announced he would
personally make copies of the information he obtained regarding
this issue and distribute it to residents and Callow Avenue
businesses.
Don Atkinson, KITZ, reported following negotiations with West Sound
Access Television they will be doing a simultaneous broadcast on
election night and will be originating from TCI.
Elizabeth Buell, Bremerton resident, was pleased to hear residents
of Kitsap County will have the opportunity to get election results
via radio or TV. She supports Del Knauss's concern about Council
giving reconsideration to the one-way couplet proposal. Recently,
she made a call to CENCOM about lights being left on at Lions Field
at 2:00 A.M., and someone responded quickly call and extinguished
the lights.
7A THREE YEAR CONTRACT EXTENSION FOR UNIFORM AND LAUNDRY
~97
SERVICES, #AB96-200
The City entered into a three (3) year contract with Superior Linen
Services to provide uniform rental and laundry services on July 1,
1993. Service is provided to the City's Public Works employees.
Staff review of product and services provided by the contractor
reflects that it is in the best interests of the City to extend the
contract for an additional three year period. The contractor has
agreed to maintain current pricing through the extension period and
to add two additional products consistent with current contract
pricing.
Public comment - none.
M/S/C/U(Montgomery/Huff-Menees) to approve a three year extension
for uniform rental and laundry services provided by Superior Linen
Service.
#1442
~1496
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8A - ORDINANCE NO. 4568 (SECOND READING) AMENDING THE 1996 BUDGET
(BUDGET ADJUSTMENTS ~96-13, AND ~96-15 THROUGH #96-26), ~AB96-19~
Public comment - none.
M/S/C/U(Farr/Montgomery) to pass Ordinance .No. 4568 on second
reading, amending ordinance No. 4552 relating to the budget of the
City of Bremerton for Fiscal Year 1996.
8B - ORDINANCE NO. 4569 (SECOND READING); AND RESOLUTION NO. 2558,
ACKNOWLEDGING A REVISED EMPLOYEE EX~NSES REIMBURSEMENT POLICY,
~AB96-197
Public cor~ment - none.
M/S/C(Huff-Menees/Montgomery) to pass ordinance No. 4569 on second
reading, repealing Section 3 of Ordinance #4374;
Vote on motion: In Favor: Huff-Menees, Montgomery, Neville, Fart,
Colvin, Winters
Opposed: Overson, McConnell, Law
Motion carried.
il6 M/S/C/U(Montgomery/Huff-Menees)to approve Resolution No. 2558,
acknowledging a revised Employee Reimbursement policy.
8C - ORDINANCE (FIRST READING) SETTING ADDITIONAL COMPENSATION FOR
COUNCIL AND COUNCIL PRESIDENTf ~AB96-201
The proposed ordinance increases the salary of council members by
$2,190.00 per year, and the council member appointed by the city
Council as Council President by $100.00 per month as compensation
for additional responsibilities enumerated in the Council Rules and
Procedures. An annual cost of living adjustment is included
beginning January 1, 1997.
Article XI, Section 8 of the Washington Constitution prohibits an
increase in the salary of any county, city, town, or municipal
officer after his election, or during his term of office. The
increase approved in this ordinance can be paid only to council
members filling the next term for each district council seat,
beginning for some in 1998, and extending to all council positions
in 2000. This ordinance is inoperative as,to incumbent council
members during their present terms of office.
President Law stated he was requested by Council members to allow
them to make comments prior to opening the discussion to the
public.
590 M/S/C(Montgomery/Overson) to table this item until after the
November election.
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Minutes
Vote on motion: In Favor:
Opposed:
Motion carried.
Overson, McConnell, Colvin,
Montgomery, Huff-Menees, Neville,
Law
Winters, Farr
9A - RESOLUTION NO. 2559w REVISIONS TO CITY CHARTERt ~AB96-199
The revised Charter removes redundant and inconsistent languuge,
updates the current language to reflect changes in state law, such
as the election of the municipal court judge, and clarifies a
number of ambiguous passages. A second emphasis is to remove the
majority of references to administrative organization, including
position titles and duties of officers and employees. A summary of
substantive changes is attached as a cover sheet to the draft.
The first hearing will provide an opportunity for public input and
incorporation of changes to the draft. A resolution referring the
revised charter to the November general election will be considered
the following week.
President Law explained this is an extension of the hearing held at
the September 4th city Council meeting. At that hearing, one
action was taken to accept the revised edited Charter. Following
that action, several changes were presented to the Council, which
were included in the Agenda packet and identified as "PROPOSED
ALTERNATE SECTIONS". He asked the City Attorney to identify the
minor corrections that need to be made to the proposed Charter.
Ian Sievers, city Attorney, referenced his late submittal of
Section 8 to reflect what was in the Charter at the September 4th
hearing, which was a written down version of what he read on the
record about compensation for Council members going to the vote of
the people. In the alternate section, which followed the Charter,
he revised what he read on the record to reflect the fact that even
if it goes to an Initiative measure, the people cannot decrease a
salary of a sitting Council member or the Judge. That is a
different version of sending it to the vote of the people. He also
submitted some additional draft language reflecting different
interpretations for Special Elections under Section 10, as to when
that Special Election would be held to fill positions on the city
Council if more than four became vacant at one time. The current
interpretation would call for a Special election that would
coincide with the Municipal General Election. He believes it was
the intent of those working on Section 10 that the election would
be sooner than that simply because there are so many positions
vacant. He provided two options: (1) hold a Special Election each
year at the General Election; (2) have a Special Election on the
mid-year election dates. He was not aware of any other corrections
or omissions to the proposed charter.
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Minutes
if anyone in the audience believed that any
the September 4th Council meeting is not
proposed Charter? Andy Paryp&, Bremerton
President Law asked
segment approved at
incorporated in the
resident, recommended a change to ARTICLE VIII, Section 35 -
deleting the word "Charter" and replace it with the word "section",
based on the fact that Sections 49, 50 and 51 were struck out
thereby deleting reference to an ordinance being submitted to the
qualified electors for amending an ordinance initiated or referred.
Mr. sievers stated there is still an Initiative and Referendum
process in the Charter. Mr. Parypa pointed out not in the "smooth"
copy. Mr. sievers noted it was contained in Section 36. Mr.
Slevers recommended changing the word "Charter" to "section".
Mr. Colvin questioned if it would be in order to make a motion to
table this item because there seems to be so many questions still
unanswered? Mr. Overson emphasized there was not a lot of
confusion. Mr. sievers stated he did not think a tabling motion was
necessary and he did under stand Mr. Parypa's point on the section
in question. The current Charter has three lengthy sections
explaining the process whereas the proposed Charger shortens that
discussion with the reference to State law, which outlines the
details of that process.
President Law announced with the one change recommended by Mr.
Parypa, Council accepts the preliminary Charter, which is now open
for comment by the city Council members.
Mr. M¢Connell stated he was not sure of the public's awareness of
the proposed alternate sections. President Law pointed out that
information was provided in the Agenda packet, which was available
for public review. He asked if anyone in the audience wanted the
alterative proposals for various sections read out loud or desired
an opportunity to view them. The response from the audience was to
just read the titles. Kathleen McCluske¥, City Clerk, read the
following: Council Conflict Of Position, Sec. 6, three insertion
options; Council Compensation, Sec. 8(1), three replacement
options; Mayor Pro Tem, Sec. 11(1) and (2), replacement option;
civil Service Status of Chiefs, Sec. 31(3), replacement option;
Disposal of Utility Assets, Sec. 29, new subsections (2) and (3)
option; Age requirements for Boards and Commissions unless excepted
by Ordinance, Sec. 34, replacement option.
Mayor Lynn ~orton stated for the most part she felt the proposed
Charter was a fairly well written document and she reminded Council
the intention of this document is a clean up of the existing
Charter so that it is workable and understandable. She commended
Larry Stone, Andy Parypa and the Ian Sievers for the good job they
did in developing the document. She stressed this is not a new
issue and over the past three years there has been much discussion
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Septe~foer 11, 1996
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Minutes
about revising the Charter, and the over riding principal was to
get a good Charter that was readable and understandable. In that
vain, she had comments that had to do with some of the
recommendations made at the September 4th Council meeting.
On the issue of Council Compensation - she recommended that a
Citizens Commission be formed to make a recommendation to Council
for adoption by the City Council with the same provisions, by
Washington State law, that it would not take affect for the Council
members until they had a new election. That way, the citizens
would be reviewing Council's compensation and making a citizens'
recommendation rather than putting the issue on the Ballot. She
was doubtful that anyone would approve a salary increase at any
point of time and it was only fair that periodically Council
salaries are increased. When she served as City Council President
she spent more in long distance telephone bills then the
compensation she received.
In regard to the Mayor Pro Tem issue, Mayor Horton's only concern
is that the Council President be the Pro Tem for continuity of
power based on the fact that, as the President, that person is the
most knowledgeable person on City issues on the City Council. If
Council desired to have a position, i.e. protocol where they assume
the Mayor's position for ceremonial purposes, she would could
support that as well.
Under the issue of Civil Service for Police and Fire, she is
strongly in favor of exempting the Fire Chief and Police Chief from
Civil Service. If the Mayor is the responsible entity to oversee
the Fire and Police Departments, she does not believe it is fair to
saddle those positions with Civil Service requirements. If a Fire
Chief or Police Chief end up being someone who needs to be removed,
the Mayor needs the authority to remove them quickly and the Civil
Service process can be very long and convoluted. Currently, the
Police and Fire Chiefs waive their Civil Service rights prior to
accepting the position. An extensive Job Assessment was conducted
for the employment of the City's current Police Chief and she would
have liked to participate in that function because there were some
questions that she wanted to address at the point of interview, but
she was not allowed because it was conduced under Civil Service
rules.
Lastly, on the issue of disposal of watershed and Utility property,
over the last several years the City has purchased, sold and traded
many pieces of watershed property. Those actions were taken in
order to secure the watershed; and some City property was deemed no
longer necessary for the long term benefit of the Water Utility.
And, if each time you proposed to place such action on a Ballot,
you will seriously hamstring the Utility. If the Utility was in a
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City Council Reg.
September 11, 1996
Page 9 of 31
condition of experiencing
consider such action.
Mtg. Minutes
serious problems, maybe then she'd
TAPE #1406
However, Bremerton has one of the premier water systems in the
Nation and one of the few systems State-wide that is not required
to have water filtration, which is a clear indication that the city
Administration and city Council are good stewards of the Water
Utility and Council can make a decision on their own as to what to
keep and what to surplus. She believes it is critical for the
Council to keep that control. The same thing goes to the super
majority vote for disposal of Utility land - situations come up
where a quick decision is needed and having a requirement for a
super majority vote of the city Council would delay prudent action.
She urged Council to approve the proposed Charter for placement on
the Ballot.
John Thomas, Bremerton resident, supported the proposed option for
Section 6, Council Conflict of Position - no person shall be
eligible for the potion of Council member while holding any other
elective public office or otherwise employed by the City. In
regard to Council's compensation, he made the following
recommendation: "Council member compensation shall increase each
year (effective October 1/ at the same Dercentaqe rate as the
lowest barqaininq unit percentage rate increase. In the event oi
city employee lay offs qenerated by budqet limitations, the annual
increase shall be waived for the Mayor, Council members, and City
Manaqement staff employees." He was opposed to the option to foi~
a Commission made up of citizens, which would be named by the Mayor
and confirmed for the city Council. Regarding Section 11 - Pro
Tempore Appointment, he supported retaining the current process for
electing a Mayor Pro Tem from within the Council as a separate
responsiblity than that performed by the city Council President.
Regarding Article IV, Section 21, he felt the language was
confusing as to who could remove the city Attorney. His position
on Article V, Section 19 Disposal Of Utility Assets is as follows:
"Nothin~ in this Charter shall be construed to permit the City of
Bremerton to sell all or any portion of the real property now owned
or hereafter acquired for water supply purposes ~enerally known az
watershed, whether or not currently used for water supply purposes,
unless a question of such proposed sale shall have been first
submitted to the qualified electors of the City by a majority plus
one of the Council at a municipal qeneral or special election and
assented to by sixty percent of said electors votinq on sucl~
question." He believes that control should be extended to cove~
the sale of all city real property, not just watershed properties
and the condemnation of any real property for any City purpose
(fire stations, office facilities, parks, parking lots, police
stations, streets/street improvements, etc.), including any utility
purpose. Lastly, Mr. Thomas stated his support of including the
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Septentber 11, 1996
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Police Chief and Fire Chief under Civil Service protection.
Charlie Brown, Bremerton resident, stated he agreed with Mayor
Horton on the issue of retaining the Fire Chief and Police Chief as
at-will employees. In regard to compensation for the City Council
and other elected officials, he supported the proposal to have any
pay raises approved by the voters. By doing that, the citizens
will determine if the elected officials are doing a good job.
Emily Moshay, Bremerton resident, stated her support to have a
Citizen Commission make recommendations for future pay raises for
the elected officials of the City.
Del Knauss, Bremerton resident, stated pay raises for elected
officials should be by the vote of the people. In regard to the
sale of watershed property, he felt the protection of that land is
crucial and should be supported in the Charter. He also supports
putting the Fire Chief and Police Chief under the protection of
civil Service.
Roy McGinnls, Bremerton resident, stated his support to have
Bremerton's elected official's compensation approved by the vote of
the people. In no way did he favor the appointment of a commission
by the Mayor to recommend Council's pay raises. He felt strongly
that if there is a deserving reason, the citizens will support an
increase for the Council. In regard to the sale of watershed
property, he felt comfortable with the current Council and Mayor,
but he was not comfortable about actions that may be taken by
future Councils and/or Mayors regarding disposal of utility land.
The citizens need something in writing to control the upcoming
elected officials.
Gene SamDley, Director of Public Works and Utilities, stated he
believed Mayor Horton presented some very strong arguments against
limiting the sale or disposal of Utility land upon voter approval.
It is important to recognize that the Utility has a fiduciary
ability to act in the best interest of the Utility, which may not
be in the best interest of all resident~ for other purposes. The
Water Utility has a strict responsibility to the purpose of
supplying water and to manage the assets of the Utility in a
prescribed manner. He does not believe that submitting to the vote
of the people decisions relative to disposition of assets is in the
best interest of the City Utility as a water purveyor. He
appreciates the concern that people have about the Union River
watershed and shares that concern. If one looks at the
acquisitions of the Utility over the years, the watershed is
essentially protected by Utility owned land or land owned by the
Department Of Natural Resources, which cooperates with the City in
managing those properties. He believes it is important to not
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September 11, 1996
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overly restrict the Utility's ability to manage those assets. He
also believes too make an assumption that all purchases in the past
have been good decisions is an error. Utility properties have
been disposed of in the past that have not been of any value to the
Utility and good actions were taken in disposing of such sites.
He, as the Manager of the Utility, trusts the city Council to
confirm or deny any recommendations that they feel are not serving
the best interest of the Utility. city Council members are elected
by the constituents for specific purposes, and they serve as the
Board Of Directors for the Utility and should continue to operate
in that manner. He noted the Utility's Land Management Plan is
nearly complete and is an indication of how serious the Utility is
about management, and that Plan will provide for a sound basis for
decision making for all Utility assets.
Del Knauss stated as a spokesperson for the Land Management Plan,
%he citizens Committee for the Plan is proposing an ordinance that
includes agreement with the Suquamish Tribe, Silverdale Water
District, and Kitsap County Health District. The only difference
between that ordinance and what is being proposed here to protect
Utility assets is the requirement for a 9-0 vote of the City
Council to surplus any watershed land. He suggested Council
consider the requirement of a 9-0 vote, which would bring about the
same effect as that proposed by the citizens Advisory Committee.
President Law noted an alternate has been suggested for the section
dealing with disposal of Utility land. Mr. Sievers stated for
clarification Mr. Knauss's suggestion would identify a 9-0 vote by
Council; however if a vote came in less than 9-0 it would then have
to be approved by the ballot method. For further clarification the
section would read as follows: "Nothinq in this Charter shall be
construed to Dermit the city of Bremerton to sell all or any
portion of any of the real DroDert¥ now owned or hereafter acquired
for waters supply purposes qenerall¥ known as watersheds, whethe~
or not currently used for water supply purposes, unless a question
of such proposed sale shall have be approved by a unanimous vote oi
the entire Council membership or first submitted to the qualified
electors of the city bva majority vote." President Law identified
the statement just read as Alternate #4 for Section 29.
Andy Parypa stated he was in some agreement with Mayor Horton on
the issue of the Fire and Police Chiefs being under civil Service,
but he wanted to clear up a misconception about how long it takes
to fire someone under civil Service. Based on his past work
history, if the supervisor, Department Head or manager properly
documented inappropriate actions by the civil servant they could be
terminated in a very timely manner. He does fear the possibility
of pressure being placed on the people having enforcement power for
Fire Codes. If the enforcement officials are muzzled or micro
managed, and they are not protected by civil Service, we'll have a
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Minutes
lot of buildings that will not meet Fire Codes, and such conditions
already exist.
Charlle Brown stated he worked 29 years in the Federal service and
has had occasion to fire people, but it does take a lot of time to
gather the data/information and to dismiss the individual at the
senior management level. In many instances the process for
termination is so involved that the choice was made to transfer an
individual to another department instead of trying to fire them
outright. He suggested leaving the Fire and Police Chiefs as at-
will employees of the Mayor, but in order to dismiss them it would
take a majority vote of the City Council. Ma_~r Horton stated if
she as Mayor is the responsible entity for the ~tration of
the City, then she should have the ability to terminate Department
Heads at-will without confirmation from the City Council or having
to go under the Civil Service process. There has not been a time
when she has come before Council notifying them of her proposed
actions relating to dismissal of a Department Head where they
disagreed with her actions, but by the same token, if Council
overrides that firing and she is stuck with someone she does not
want, that would make her job much more difficult.
Ida Mae Coo~er, Bremerton resident, stated she supports the
proposal to keep the Police and Fire Chiefs under Civil Service in
order to give them some protection and not allow them to become
puppets for the Mayor. She agreed with the earlier suggestion that
the Mayor be required to come to the Council stating the problem
and then requiring the majority vote of the City Council for
dismissal.
Gene SamDle¥, Director of Public Works and Utilities, referenced
Section 29, option (2)- Disposal of Assets, and pointed out the
recommendation that disposal of lands not required for water supply
purposes having to go before the voters flies directly into the
face of the Utility's responsiblity to manage for water supply
purposes, which he views as an important aspect.
Mr. Winters stated this issue is very important and he thanked all
of the individuals who provided input during this discussion. He
noted for the record that no one from District #9 was either in the
audience or had called him prior to this meeting to give their
input on this issue.
Kathleen McCluskey, City Clerk, read into the record the three
options for COUNCIL CONFLICT OF POSITION, Section 6. Mr. Sievers
stated for clarification the title used for all three options would
be the same and the highlighted portion under (2) and (3) are
simply an alternate portion that is highlighted in (1).
#1131
TAPE #1406
city Council Reg. Mtg. Minutes
September 11, 1996
Page 13 of 31
M/S/C(Overson/Montgomery) that Council support option (1), which
contains both (2) and (3).
Section 56 - Election - Term of Qualifications:
No person shall be eligible for election to any City office, unless
he is a citizen of the United States and has resided in Dremerton
for at least one year preceding election, except the Municipal
Judge, who need only be a citizen and reside in Kitsap County and
licensed to practice law in the State of Washington. No person
shall be eligible for the position of Council member while holding
any other elective public office or otherwise employed by the City.
Candidates for Council must also be residents of their respective
districts at the time of filing.
Mr. Fart asked Council to closely consider this and not be overly
restrictive, specifically that a Council member cannot hold another
elected office would prohibit someone from serving on the School
Board at the same time serving on the City Council. He believes
the law governing conflicts of interest is enough and being more
restrictive could eliminate some good civic minded people, but hold
other offices that are not in conflict with the city Council.
Therefore, he supports option (3).
Mr. Overson pointed out there are probably 1,000+ registered voters
in each of the nine Council Districts and he believes out of that
someone could be found to run for a city Council position that does
not hold another elected office.
Vote on Motion:
Motion carried.
In Favor:
Opposed:
Colvin, McConnell, Overson, Neville
Huff-Menees, Winters, Law, Montgomery
Farr
Mrs. McCluske¥ read the three options - I, II, III, under COUNCIL
COMPENSATION SEC. 8(1).
Mr. Montqomery stated his support for Option III based on the fact
he believes no elected official should be given a pay raise unless
it was voted on by the people.
Mr. Winters acknowledged his taking into consideration the opinions
of those who spoke before Council on this issue. Those individuals
may not agree with the way he votes, but he wanted it to be clear
that he gave serious consideration to their input.
Mrs. Huff-Menees challenged some of the speakers over the fact that
many are or were employees of the Federal Government and their
salaries were paid by the public and their salaries were not
subject to decision based upon the public, who do not have a clear
understanding of what the job is or what it requires the individual
TAPE #1406
city Council Reg. Mtg. Minutes
Septe~Lber 11, 1996
Page 14 of 31
to do to accomplish that work. She does not support elected
official salaries being subject to the vote of the people. There
isn't any jurisdiction in Kitsap County or as far as she knows in
the State where public officials' salaries are subject to a vote of
the people. She finds it difficult to believe that members of the
public would be willing to allow thousands of people to make a
decision about their salary without having an understanding of what
they do in that position. She also pointed out it is a fact that
the electorate is never fully informed about the issues being voted
on, and for that reason she believes that subjects such as salaries
need to be determined by people who have made a close and thorough
study of the responsibilities, what is required to carry out that
work and only then is someone capable of making a decision what is
adequate pay for that work.
Mr. Fart acknowledged that for most public officials it is somewhat
embarrassing to talk about their compensation and that someone
should not go into politics for the money. What he has found,
issues or candidates are passed in the ballot box somewhat based on
someone championing that issue or an individual. He questioned who
would champion this cause? An issue that does not have a supporter
won't pass. He believes this is a very short sighted approach and
would result in the City Council being manned by only retired
individuals. Many people would like the opportunity to serve, but
this job involves a lot of time and many people would like a little
compensation to make up for the time they devote to the job that
they could have been gainfully employed doing something else; and
it may give some younger people the incentive to run for elected
office. He pointed out in the last City election of the four
Council positions up for election, his position was the only one
opposed. He suspects because the job entails long hours and low
pay has something to do with the lack of Council positions being
challenged. Another option for the people wishing to doom Council
positions to low pay, is to donate their salary to their favorite
charity, return it to the city and let the public know that is what
they have done. He learned two years ago that the City of Port
Orchard's City Council, who meet half as frequently as this
Council, receives $7,200 per year and this Council with twice the
meetings or more receive $6,000 per year. He doubted that the
public would pass a raise for the City Council.
513
M/S/C(Farr/McConnell) to accept Option II:
The compensation of the Mayor and Municipal Judge shall be fixed by
ordinance. Council salary shall be set by a commission appointed
by the Mayor, using the language from the City of Vancouver Council
Compensation Ordinance as identified by the City Attorney.
Mr. Montqomer¥ stated he became a Council member to serve the
community, not because of the salary he would receive. He again
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City Council Reg. Mtg. Minutes
September 11, 1996
Page 15 of 31
voiced his position on the issue...let the voters decide.
Mr. winter~ stated he took the time to check records at the Kitsap
County Court House and learned that information submitted in 1993
reflected Council members' salaries as follows: City of Bremerton
$6,000 per year; city of Port Orchard $2,880 per year; city of
Poulsbo $1,500 per year; Bainbridge Island $2,400 per year; and
Kitsap County Commissioners' salary data $61,630.
Mr. Colvln stated he agreed with Councilman Fart that not a lot of
people are actively pursuing City Council positions. He believed
that other cities around the Puget Sound area pay their City
Council members more than what the Bremerton city Council receives
as a salary. He Dersonally will not benefit from a salary
increase; however he-believes Council deserves a raise, which the
voters do not really understand.
Mrs. Huff-Menees stated in terms of the make up of the City
Council, it is an unfortunate fact that there are only three
current Council members that were opposed in their last election
and everyone else ran unopposed. She spent 16 years as a single
mother raising two sons and working. Had she wanted to take an
office such as this, she would not have been able to because of the
time involvement. The current city Council does not represent the
make up of the population of the city. Five members of this
Council are retired, who do a great job, nevertheless they are
retired, and there is only one woman on the Council and only one
minority. The only way to make that more equitable and elect a
Council and provide the people with a choice who they elect to
represent them, is by making it a position that is respected enough
to pay a decent wage so someone that does have to work part time or
full time would be able to serve in this capacity. She pointed out
young parents are not represented on the Council nor are there
enough minorities represented, which is a factor of what the work
pays yet the work is critically important.
Mr. McConnell asked if more specific language should be stated in
the motion identifying the use of a Commission appointed by the
Mayor to recommend a salary increase for the City Council? Mr.
sievers stated Option II is modeled after the Vancouver,
Washington, ordinance and is a rather innovative approach. It is
the only city that has adopted a Commission. Commissions are a
method of surveying what is an appropriate salary level, but the
real leap of faith in their Charter amendment is that there is
actual legislation that becomes effective by Commission action.
Commission members are not elected, but they actually pass this
legislation being an ordinance that affects Council's salary. That
ordinance is subject to a popular referendum. It may be a great
idea and he was not commenting either way, but given the state of
TAPE #1406
City Council Reg. Mtg. Minutes
September 11, 1996
Page 16 of 31
the law it is an iffy proposition whether or not it could be done
in the Charter. The Vancouver Charter text, if you have read the
Constitutional amendment, models exactly the State Salary
Commission that affects State offices. Such action is fine since
there is an amendment to the Constitution that allows that
Commission to set salaries for those offices. There is not a
similar inclusion of that method for setting salaries for local
offices. The Constitution does not give much guidance on setting
salaries for local offices other than Article 30 Section 1, which
is the topic of you can increase your own salary for those local
offices that do set their own salary. But, it does not say how it
is to be enacted. The Constitution does say you can't conflict
with the general law. There are two statutes that seem to address
salary RCW 35.22.200 and RCW 35.22.205, which is probably the worst
example of drafting legislation because they have a direct
conflict. Section 35.22.200 states the legislative powers of a
City and it goes on to say that a Charter can determine elective
officers duties and can dictate what those officers will receive as
compensation. The very next section states the compensation and
the time to be devoted to the performance of the duties of the
Mayor and elected officials of all cities of the First Class shall
be fixed by ordinance of said City irrespective of any City Charter
provision. The City of Vancouver attorneys used a narrow rule of
statutory construction and said the first one was adopted slightly
later than the second one. Mr. Sievers believes it is iffy because
the first section does allow some compensation be prescribed by
Charter, and compensation probably means an amount of money, but
probably did not intend to make this fundamental change in how
legislation is passed. It did not say you could have some
mechanism for setting compensation other than an ordinance, other
than the Council or direct initiative ordinance. Municipal
Research does not believe Vancouver's actions are supportable, but
as of this date there has been no challenge. He did g~t the
impression from the Vancouver attorneys that there was such strong
support for the formation of the Commission by their Charter
Revision Committee that they decided to assume the risk. He
emphasized by pointing out the shaky legal grounds it is not to say
it isn't a good idea and maybe the State Legislature should allow
it in the statutes and declare the conflict within the two
statutes.
Mr. Sievers agreed with Mr. McConnell that more language needed to
be added to the motion and would probably want to include wording
that follows the State Salary Commission...appointed by the Mayor,
but confirmed by the City Council and a referendum procedure for
the Salary Ordinance that is being created by the Commission, which
he felt was a good idea. To be on the safest grounds possible, he
suggested including all of the applicable language included in the
Vancouver Ordinance
#2314
TAPE #1406
city Council Reg. Mtg. Minutes
September 11, 1996
Page 17 of 31
Mr. Overson stated his support of the motion as stated.
Mr. Slevers pointed out a significant change from the short version
to the 10ng version... Vancouver's version uses the commission for
the Mayor's salary as well, but Council's short version was
directed just towards the Council's salary.
Vote on motion: In Favor: Huff-Menees, Fart, Neville, Overson,
McConnell, Colvin
Opposed: Montgomery, Winters, Law
Motion carried.
Mrs. McCluskey read MAYOR PRO TEM SECTION 11(1) AND (2)
REPLACEMENT OPTION
~an siever__s, City Attorney, stated the option is language currently
in the Charter and the only change was its placement in the
reorganized section and split it into two subsections.
Mrs. Huff-Menees stated having served as city Council President and
knowing the level of involvement required with that responsiblity,
she agreed with Mayor Horton's statement that the Council President
is the person most fully informed on the Council. In no way was
she saying that to demean any performance by any other Council
members, but the President is more directly involved with the Mayor
and what is going on in the City. Her recommendation is to leave
this section as it stands currently. It is hoped that all Council
members are well informed, but the City Council President has an
involvement and a work load that is very different from other
members of the Council.
Mr. Winters stated he has served three years as Mayor Pro Tem and
finds it to be very enlightening, but at the same time he agrees
with the Mayor the most informed person is the Council President,
not the Mayor Pro Tem. That saddens him because the duties of the
Mayor Pro Tem are outlined in the Charter; however he was not kept
informed by the Mayor. He is withdrawing his suggested
recommendation for this section and he believes every Council
member should be equally informed by the Mayor through the City
Council office. He noted Mr. Thomas had approached him with the
comment that the Mayor Pro Tem position should stay; however, he
was not supporting that recommendation.
M/S/F(McConnell/Winters) Within the first ninety days of each
year, the Council members shall, by majority vote, designate one of
their number, or any qualified registered voter of the City of
Bremerton, as Mayor Pro Tempore to serve in the absence or
disability of the Mayor.
TAPE #1406
City Council Reg. Mtg.
September 11, 1996
Page 18 of 31
Minutes
The Mayor Pro Tempore shall hold office at the pleasure of the
Council, and perform all the duties of the Mayor, except that Mayor
Pro Tempore may only remove department heads of the City of
Bremerton after the Mayor has been absent from his position as
Mayor for thirty consecutive days, in which event the Mayor Pro
Tempore may remove department heads of the City of Bremerton with
the approval of the Council.
Vote on Motion:
Motion failed.
In Favor:
Opposed:
Montgomery, Winters
Huff-Menees, Farr, Neville, Overson,
McConnell, Colvin, Law
Mayor Pro Tempore statement in the Charter will remain.
Mrs. McCluske¥ read the option for CIVIL SERVICE STATUS OF CHIEFS
SEC. 31(3). '
Mrs. Huff-Menees stated she does not support the option and
believes the Mayor, as Chief Executive of the City, has to have
total authority over the Department Heads and doing anything less
than that is hamstringing the Mayor. Several people have stated
there has not been a circumstance in this administration or any
recent administrations where it has been an issue. The Mayor has
made good decisions about Department Heads and several members of
the City Council have stated "if it isn't broken, don't fix it",
which she believes is one of those situations.
Mr. McConnell pointed out the City's current Charter has the Police
and Fire Chiefs under Civil Service; however State law was enacted
that allowed cities to take them out of Civil Service, if they
volunteer to waive that right and put them under contract. While
it may be difficult to get rid of someone under Civil Service, he
did not believe it was that difficult based on his personal
experience. He felt it would be more costly if the City had to buy
out a contract rather than go through the procedure of firing
through the Civil Service process.
Mr. Overson stated this was not an easy issue and there is benefit
to both sides. He pointed out there have been a couple of votes
with the voting public wherein they strongly supported the present
system of government, which is tantamount to strong support of the
Mayor's independence to carry out her job. He believes it is
necessary to put it in the Charter so that the constituents
understand that the Mayor they elect has the power and
responsiblity to carry out the job. Things should not be placed in
the Charter that dilute that authority and/or responsiblity.
Mr. Winters stated several people in the audience stated their
pE ~1406 '~ I~eg. Mtg- Minutes
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TAPE ~140~/s/C(McConnell/~interS) to accept the
TAPE %1407
City Council Reg. Mtg.
September 11, 1996
Page 20 of 31
Minutes
All full paid employees of the Fire and Police Departments of the
city shall be included under the provisions of this Article, and
all existing provisions of State Law pertaining to such employees
shall be substantially complied with by the Commission. All other
full time employees shall be included under the provisions of this
Article unless excluded in Section 33.
Mrs. Huff-Menees emphasized any person elected to serve as chief
executive of this city needs to have the ability to make
determinations about their Department Heads, whether that means
hiring or firing.
Vote on Motion:
Motion carried.
In Favor:
Opposed:
Neville, McConnell, Colvin, Winters,
Law
Huff-Menees, Fart, Overson, Montgomery
Mrs. Mccluskey read the options for DISPOSAL OF UTILITY ASSETS,
SEC. 29.
Mr. Moconnell stated he agreed with Mr. Knauss's recommendation to
have a 9-0 vote for disposal of property and if Council could not
agree with a 9-0 vote, then it would go before the voters.
!02 M/S/F(McConnell/Colvin) to accept option (2) with the modification
as recommended by Mr. Knauss: Nothing in this Charter shall be
construed to permit the City of Bremerton to sell all or any
portion of any of the real property now owned or hereafter acquired
for water supply purposes generally knows as watersheds, whether or
not currently used for water supply purposes, unless a question of
such proposed sale shall be approved by a 9-0 vote of the entire
Council or first submitted to the qualified electors of the City by
a majority plus one of the Council at a municipal general or
special election and assented to by sixty percent of said electors
voting on such question.
Mr. Montqomer¥ disagreed with the motion as stated because the City
Council, as elected officials, were voted into office to take on
that responsibility. He believes this issue became a primary
concern by some individuals when the City Council approved the sale
of some watershed property located in the Anderson Hill area. No
one has been able to convince him that Council did anything to
jeopardize the City's water source through that prior action.
Mr. Fart stated there are already checks and balances in place with
the management of the Utility and issues before Council and
requiring a majority plus one vote was adequate for further
protection.
TAPE #1407
city Council Reg. Mtg. Minutes
September 11, 1996
Page 21 of 31
Mr. Colvin asked if a majority plus one vote as opposed to 9-0 vote
was still subject to the same kind of lawsuit? Mr. Sievers stated
no, this is a way that would allow action for disposal without
having to place it on a ballot and Council can determine the super
majority in the Charter...either a majority plus one or a simple
majority or a unanimous vote. Mr. Colvin stated he believes
Council is elected to make decisions and supported the method using
a super majority vote of the Council.
Mr. Neville stated he researched the number parcels sold verses the
number of parcels acquired over the last seven years and there has
been a significant increase in acquired land over that time frame.
The utility management staff is very professional in over seeing
the City's watershed. He supports the majority plus vote of the
City Council.
Vote on motion:
Motion failed.
In Favor:
Opposed:
McConnell, Winters, Law
Neville, Overson, Farr, Colvin,
Montgomery, Huff-Menees,
417
M/S/C(Colvin/Winters) to option 2 using a majority plus one vote
of the Council: Nothing in this Charter shall be construed to
permit the City of Bremerton to sell all or any portion of any of
the real property now owned or hereafter acquired for water supply
purposes generally known as watersheds, whether or not currently
used for water supply purposes, unless a question of such proposed
sale shall be approved by a 6-3 vote of the entire Council to pass
it at the Council level or by a 6-3 vote of the Council to submit
it to the qualified electors of the City at a municipal general or
special election and assented to by sixty percent of said electors
voting on such question.
President Law raised some question as to the clarity of the motion
and what it would actually accomplish, Mr. sievers stated Council
has the option to make a simple majority vote for the sale of
watershed property and a super majority to sent the issue to the
voters.
Mr. Winters stated he believed the confusion was coming from the
prior failed motion and asked that it be revisited as to content.
Mr. Sievers explained the failed motion identified a 9-0 vote of
the Council or first submitted to the qualified electors of the
city by majority plus one vote of the Council. Therefore, the only
change to that earlier motion would be substituting the 9-0 vote
with a 6-3 vote to pass at the Council level and the decision would
be final and not have to go to the voters.
9603
)714
TAPE 91407
city Council Reg. Mtg.
September 11, 1996
Page 22 of 31
Minutes
Mr. Fart withdrew his second of the motion because the way
desire the sale of Utility lands is simply by a majority vote.
Mr. Winters seconded Mr. Colvin's motion.
he
Mr. McConnell urged the Council to vote "NO" on this motion and
recommended a motion be made that identifies a simple majority vote
by the City Council to dispose of Utility assets.
Vote on motion: In Favor: Neville, McConnell, Colvin, Winters,
Law
Opposed: Overson, Montgomery, Huff-Menees,
Farr
Motion carried.
M/S/C(Huff-Menees/Farr) to accept option %3: The City shall not
sell, lease or dispose of any utility lands, systems or parts
thereof essential to continued effective utility service, unless
and until such disposal is approved by a majority plus one vote of
Council.
Vote on motion: In Favor: Winters, Huff-Menees, Farr, Neville Law
McConnell, Colvin
Opposed: Montgomery, Overson
Motion carried.
Mrs. McCluskey read replacement option for Section 34 - Age
requirement for Boards and Commission.
M/S/C/(Montgomery/Winters) to accept replacement option: The Mayor
shall appoint all boards, commissions and committees established by
ordinance or charter, except the Audit Committee, with Council
confirmation as required by ordinance. All members of boards,
commissions and committees established by ordinance or charter
shall be residents of the City for at least one year prior to
appointment and eighteen years of age, unless otherwise provided by
ordinance. Any member of a board, commission and committee
established by ordinance or charter who is not a resident of the
City at the time this provision takes effect shall serve out the
balance of the term for which appointed.
Vote on motion:
Motion carried.
In Favor:
Opposed:
Winters, Montgomery, Farr, Law,
McConnell, Overson, Neville, Colvin
Huff-Menees
#0923
TAPE #1407
city Council Reg. Mtg. Minutes
September 11, 1996
Page 23 of 31
Mr. Sievers asked for Council's thoughts on the handout he provided
them on the issue of "Special Election". The language in the
current Charter calls for a Special Election if more than a quorum
of the council is vacant at one time. He believes the thought for
calling a Special Election to fill the positions was to have it
happen quickly. The language in the draft Charter calls for the
next available Special Election. Under State law for elected
positions it would only be the next available General Municipal
Election. He has provided two options: option 1 would give
language that refers to the next available Special Election for
Partisan offices. That would be the off year for Municipal
Elections, which would allow it to occur at the next General
Election, so it would occur the next year. Option 2 simply adds a
subsection to Section 10 and specifies what is meant by a "Special
Election" and states that available Special Election referred to in
this section includes any date permitted under RCW 29.13.020, which
is the section that sets all the mid-year Special Elections
available to the City, and it goes on to say the date for filing
and primaries are calculated as if that was a Special or General
Election. He emphasized Council can choose one of the two options
or to retain the current draft language that would only make those
Special Elections happen at the time of the normal Municipal
General Election (every other year).
Mrs. Huff-Menees asked if Council chose any General Election
following an appointment, would that not then require, if one was
in the middle of a term, that person to run for election again in
a subsequent year when the term was up? Mr. Sievers stated yes.
Mr. Neville stated he felt Council should take action on this issue
based on the legal advice from the City Attorney. The problems
identified included that an election would take place during a
partisan office election. He pointed out the disadvantage of a
Special Election costing the City additional dollars; therefore he
supported Option %1. Mr. sievers passed on to Council the County
Auditor's recommendation that to go to the mid year Special
Elections for an act of electing an office would be a great
disparity in practice and might be confusing to the voters.
M/S/C/U(Neville/Colvin) to accept Option %1 for Section 10.
"If at any time the membership of Council is reduced below a
quorum, the remaining members, if any, shall appoint the requisite
number of qualified persons to create a quorum who will appoint
qualified persons to fill the remaining vacancies. The appointees
shall serve until persons are elected to serve the remainder of the
unexpired terms at the next available special election for partisan
offices unless there is an earlier available general election. If
no Council members remain, the Mayor shall appoint qualified
persons to temporarily fill the vacancies. The appointees shall
213
TAPE #1407
City Council Reg. Mtg.
September 11, 1996
Page 24 of 31
Minutes
serve until persons are elected to fill the remainder of the
unexpired terms at the next available special election for partisan
offices unless there is an earlier available general section.
Mrs. McCluskey pointed out Council needed to take action, by
Resolution, to place the proposed Charter on the ballot.
Mr. Overson asked how in the future will Council know that the
final amended version of the proposed charter will be the version
published in Ballot. Mr. Sievers stated he would provided Council
President Law a draft showing all of the amendments as approved by
the City Council. Mr. Overson asked how will the final formed
Charter be identified? Mr. Sievers. stated it would be the one
attached to the Resolution and marked EXHIBIT A. President Law
asked that the marked up version of the Charter with the lines
through and under the changes would then become part of Council's
Consent Agenda for the September 18 Council meeting. This will
require the City Attorney's Office to have it ready for publishing
by noon on September 13, which will give each Council member an
opportunity to review the document and provide an opportunity to
make correction of any error that might be found prior to
submitting it to the County Election Department. Mr. Overson
stressed the importance of marking the final document with a date
or special mark setting it apart from other drafts. He asked if
such an identification could be made prior to it being placed ont
he September 18 Agenda? Mr. Sievers stated he would see that each
page of the document is dated 9-11-96.
Mr. Montqomery felt the voters should be provided a "smooth" copy
of the proposed Charter.
Mr. Fart asked if there is a mandatory form required for placement
on the ballot? Mr. Sievers stated it he believed it is necessary
to show amendments in the Title, and he was unsure about printing
both the current Charter and proposed Charter in the ballot. Mr.
Fart stated since the voters would be voting on accepting or
rejecting the changes, wouldn't a summary of the changes be
sufficient? Mr. Sievers explained the Voters Pamphlet will include
a summary of the changes.
M/S/C(McConnell/Colvin) to adopt Resolution No. 2559, setting forth
the amendments to the City Charter for submission to the Qualified
Voters of the City for approval or rejection at the General
Election to be held November 5, 1996. to Ballot.
Vote on motion:
Motion carried.
In favor:
Opposed:
Winters, Huff-Menees, Fart, Law,
Neville, McConnell, Colvin, Overson
Montgomery
TAPE %1407
City Council Reg. Mtg. Minutes
September 11, 1996
Page 25 of 31
President Law announced Council will be accepting names of
individuals within the public, who are willing to serve on the Pro
and Con Committees, which are required to prepare pro and con
statements for the ballot, at the city Council office by noon on
September 13.
10A - PUBLIC HEARING~ AND ORDINANCE (FIRST READING) TO CONSIDER AND
ADOPT AMENDMENTS TO THE BREMERTON COMPreheNSIVE PLAN, ~AB96-202
The Comprehensive Plan may be amended only once each year.
Proposed amendments to the Plan are collected during the year and
processed as a package during the spring and summer. The Planning
Commission reviewed and held public hearings on all proposed
amendments and has recommended city Council approval. The
amendments were submitted to state agencies in late June for a
mandatory 60-day review. Any comments received will be considered
prior to adoption of the proposed amendments. The Harrison
District Plan is also a Plan Amendment, but because of its
complexity, it will be considered at a separate public hearing and
adopted by separate ordinance.
Ron Houqh, Planning Manager, stated this is the conclusion of a
five month process in updating the city's new Comprehensive Plan,
which was adopted in April 1995, and readopted in February 1996,
following the Growth Management hearings. The Growth Management
Act requires that proposed amendments be docketed throughout the
year and then processed all of the amendments at the same time
comprising one massive Comprehensive Plan Amendment. The required
State review of the proposed amendments has been completed and no
comments were received from any State agency; therefore, the City
is assuming the plan is accepted as presented. Ail of the
recommendations are coming to Council with the recommendation of
APPROVAL from the Planning Commission.
There are six plan amendments...Pope Resources, Harrison District,
Sciepko Annexation; Capital Facilities (citywide), Smith Cove and
Arvon Park, which are minor amendments and not controversial. Mr.
Hough briefly reviewed the 13 State Planning Goals identified for
each of the amendments.
The Pope Resources Plan Amendment 270 acres located near
Pendergast Regional Park, which was proposed for a Planned Unit
Development and approved to start that process several years ago.
Pope is in the process of planning that PUD, which is a mixed use
PUD with a variety of densities including some industrial park
areas. In April 1996, Pope presented another proposal wanting to
expand the industrial park area that ties in nicely with the
property to the north (National Guard Armory), which is also
designed Industrial Park. The other proposal was to add some
medium density residential on the opposite side of their
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City Council Reg. Mtg. Minutes
September 11, 1996
Page 26 of 31
development. This corresponds with some initial plans that are
being developed, which have not come to the City for approval, but
includes a variety of housing types, including some single family
attached housing, which was not allowed in the low density zones
before the Zoning amendments were approved 1-2 months ago.
Therefore, the proposal is to add the medium density and increase
the industrial park to about 60 acres rather than 27.
ScieDko Annexation Area Amendment located east of Gorst, involves
an area that was annexed to the City. When the annexation went
before the Boundary Review Board, they suggested that several
properties be added in order to square off the annexation area.
The City followed the Boundary Review Board's directive and at the
last minutes those properties were annexed into the City, also
under the Industrial Park category, with the understanding the area
will be reviewed later, which has been done. Those added
properties are currently either undeveloped, large acreage or have
one or two single family residents. The slopes are fairly steep
along the freeway (Hwy. 16) and most of the properties are heavily
wooded with steep slopes that are probably not suitable for the
Industrial Park type of uses up on the plateau, so rather than
create non-conformities out of the existing homes, the
recommendation is to change them back to Low Density Residential
and a rezone action will be coming along later to change the zoning
as well.
South Smith Cove and Everqreen Park Amendment - the City adopted a
Master Plan for Evergreen Park, which included the extension of the
park south around Smith Cove including an area that was designated
Mixed Use. In order to develop Evergreen Park consistent with the
Plan, there needs to be a change to the plan to show the expansion
of the park. A zoning designation change will come later to change
the Mixed Use (MU) to Parks & Schools (PS). The zoning changes
should be almost automatic and should be before Council in 1-2
months.
Arvon Park Amendment - this site is a small park, ,approximately
1/4 acre, in West Bremerton on Arvon Street just north of 15th
Street. The City acquired this parcel in 1995 and developed it
into a neighborhood park, which now need s to be placed in the
Parks designation on the Comprehensive Plan and zone it Parks &
Schools (PS).
Mr. Neville asked if a portion of the Pope Resources request will
come back before Council at a later time? Mr. Hough explained
there were two proposals that went through the Planning Commission.
When Pope applied for their Comprehensive Plan Amendment, they
needed to do it one way because at that time there was zoning that
did not allow Low Density attached dwellings. In order to build
TAPE #1407
city Council Reg. Mtg. Minutes
September 11, 1996
Page 27 of 31
Low Density attached dwellings they would have had to go to a
higher density zone, like a Multi-family Zone and the only way they
could do that was to get a Medium Designation on the Comprehensive
Plan. In the process, two options were proposed to the Planning
Commission in case the Planning Commission and Council did not
approve the Zoning amendments that would allow Low Density attached
dwellings; however, the zoning was amended to allow Low Density
Attached.
Ida Mae Coop~9~, Bremerton Resident, stated she made extensive
comments on the Harrison District Plan and at that time, she was
told she would receive a revised, corrected copy; however, she
never received a copy. She questioned how does she review
something she hasn't received? She questioned if the city was
doing the same thing with people in other areas affected by the
proposed amendments? She emphasized the only recourse the public
has when property is being rezoned is to come before the City
Council on a one-to-one basis. Mr. Huff identified specific maps in
the Agenda Packet that reflect the amendments as presented as well
as the two options presented for the Pope Resource Amendment. In
response to Mrs. Cooper's concern over not receiving a copy of the
Harrison District Plan, copies are available through the Planning
office. Kay Wilson, Planner, apologized to Mrs. Cooper and assured
her and anyone from the public interested in receiving a copy of
the plan that they can either pick up one from the Planning
Department or request that they be mailed directly to them.
David Cunnin h_g~, Pope Resources, stated this particular action on
the Comprehensive Plan Amendment is the third of four the City
required in 1990. Council may recall the city had the choice of
gaining control of all the land uses in the watershed or building
a very expensive water filtration plant in 1989-90. Pope Resources
owned a lot of land in the watershed and they agreed to exchange
that land for other city owned land. As a result of that, there
were some timber, land and cash exchanged between the City and Pope
Resources to make it a fair trade. That is how they acquired the
270 acres located next to the Pendergast Regional Park. At the
point where they acquired the land, the Forest Management
designation was changed to a mix of single family, multi-family and
industrial. Then, in 1992 came the harvest of the timber and at
that time the city looked at some of the wetlands and steep slopes,
creek and wild life and had a lot of thoughts about how the timber
on that site should be managed, as did Pope for the economic value
in the timber. As a result, they actually had Jack Allingham, a
city Planner, work with their foresters on the ground to make sure
that logging practices respected those environmental conditions.
The site now has some cleared areas, which will be developed for
building and there is a tremendous amount of open space. The third
step of the process is this Comprehensive Plan Amendment, which
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City Council Reg. Mtg. Minutes
September 11, 1996
Page 28 of 31
provides a very solid policy basis for them to bring in the real
detailed PUD plan for City approval, which is step #4. of the 270
acres, 150 acres will be left for open space and the remainder will
be built out. They have worked with the Parks Department and
Utilities Department to interface to make sure the utilities are
being put in as necessary and they paid their share of those costs.
Their approach typically is not to do a project and force it into
a City or County Comprehensive Plan or Zoning Ordinance...they
would rather do it another way and in this case it has taken them
six years. He urged Council to support the Comprehensive Plan
An~endments. He complimented the City on their process for making
Comprehensive Plan Amendments and cited their orderliness,
understandable and as clean as any he has seen.
~a¥ Wilson, Planner, quoted from a State publication about Growth
Management as follows: "One of the most important, yet least
understood, parts of a comprehensive plan is the capital facilitie~'~
plan or element. In many ways, capital facilities planninq is the
essence of qrowth manaqement, since only through effective use or
the capital facility planninq process can qrowth manaqement delive~
on its promise of reducinq the costs of unplanned development. A
qood capital facility plan requires matchinq the amount of
facilities that can be financed with the amount of development that
will be allowed." Bremerton is proud that its capital facilities
element was listed in that same newsletter as one of the best in
the State. No comments were received from the State agencies at
the conclusion of their 60 day review period and the City is taking
that to mean they are comfortable with the changes made.
The capital facilities element is one of five Comprehensive Plan
elements required by the Growth Management Act and the City's
capital facilities element is separated into two parts in order to
make it easy to upgrade on an annual basis. While the other
elements of the Comprehensive Plan need only be updated once every
five years or sooner if desired, the capital facilities element
needs to be updated every year due to State law that cities and
counties shall perform their activities and make capital budget
decisions in conformity with their Comprehensive Plan. This means
for the City to spend money on roads, sewers, water and other city
facilities such actions need to be consistent with the City's
Comprehensive Plan. In order do this and since there is an annual
Budget update, we need to update the capital facilities element
also. This plan provides a process, which is being utilized for
the first time this year and found that it worked quite well for
the first time and anticipate it working even better in future
years. The process starts off with the land use element of the
plan and whatever that says generates the need for more or less
capital facilities in any part of the city. The capital facilities
element must implement the land use element. Once those elements
TAPE %1407
city Council Reg. Mtg. Minutes
Septe~uber 11, 1996
Page 29 of 31
are adopted, each of the city departments that provide capital
facilities goes through a planning exercise, which is not
necessarily done once a year...sewer and water plans are adopted
once every several years. The recommendations of those plans are
summarized in the Capital facilities Program. The annual Budget
must reflect the end results of the six-Year Plan process for the
capital facilities element.
Ms. Wilson pointed out there is one section of the capital
facilities element that will change automatically, but is not
included in the Agenda packet... CF-1 Capital Facility Level Of
service Standards - Long Term (out of Part I), a summary of the
level of services that are adopted in Part II. This table shows
which ones will change as recommended. The Fire Department is
recommending a change in the way they measure level of service for
emergency medical to reflect a more accurate figure. Because they
learned they need to measure response time differently than how it
was determined a year ago, they need to up the level of service
from 4 minutes to 5 minutes for "basic life support". The Parks'
level of service changed as a function of arithmetic, which means
what we are trying to do is within the six Year Plan make the
numbers work. The Parks Department plans to add 13 acres to the
Parks system over the next six years, which is not a change over
1995's figures. Ail of the Parks' level of service numbers change
somewhat but is more a rearranging the categories of the parks.
The capital facilities element is required to include an Inventory
of Facilities and Ms Wilson used an example of the Parks inventory
where three new parks were added that were not anticipated at the
time the Comprehensive Plan was adopted...McKenzie Basketball
Court, Puget Power Park and an unnamed park (Arvon). By adding
those acreage into the number of neighborhood parks, the total
figure has changed.
An example of how the level of service shows up for each type of
facility is the level of service for fire protection changing
because the definition of level of service is being changed to
reflect actual figures. Up until now, the City's level of service
for Fire was 4.7 minutes response time. The Fire Department has
now recommended that the measure be response time for both
emergency and non-emergency calls because it is not practical to
separate out the two kinds of calls. The City's current level of
service measured in this way is 5.44 minutes response time. The
Fire Department is recommending we not change the proposed level of
service, but to try and bring that down to 5 minutes.
The other factor that goes into determining what the needs are for
facilities is the Population forecast and the graph provided shows
that it is expected the population of Bremerton to continue to grow
TAPE %1407
city Council Reg. Mtg.
September 11, 1996
Page 30 of 31
Minutes
at a gradual rates similar to the rate it is grown over the past
10-15 years. But, after some point in time that growth rate would
increase dramatically as growth management kicks in. Until Kitsap
County adopts policies that direct more growth into urban areas, we
don't expect to see a change in the City's current level of growth.
Level of service and population forecast are two parts of the
formula that helps us to arrive at what our projected needs are for
capital facilities.
The plan requires that a map showing existing and proposed
facilities be included.
An example of how future needs are calculated using the population
forecast and level of service, which in the case of parks is the
number of acres per capita are we going to try to provide, is to
compare that with the current acres available and that shows
whether there is a surplus or deficiency of park acres. The Park
Plan that was adopted in December 1995 indicates 13 more acres will
be added to the City's park inventory over the next 5-6 years.
Using this level of service, it shows that if we do add 20,000
people to the City by the year 2012, which is our current target,
we will be deficient 286 acres of parks if we want to main this
level of service. But, the city is only committed in the capital
facilities element to address the first six years.
The bottom line in the capital facilities element is the six year
funding plan that shows we must list funding sources, the projects
and how much money will be spent in each of the next six years
starting with the current year and what that total will be. In
this case the Parks Department is showing there is a surplus of
expected funds of $427,000. These numbers are consistent with what
is in the Capital Improvement Program. Finally, if 13 new park
acres are added in the form of Evergreen Park Expansion (1/2 acre)
and 12 1/2 acres of other acreage, this will satisfy our self-
determined requirement.
Regrettably, time ran out to update "Schools", "Stormwater,,,
"Transportation" and "Water sections. The good news is that the
State did not comment on those sections not being updated and it
was staff's conclusion that the City started ahead of most of the
cities and counties in the State and even though not everything was
updated, we're still ahead of most other places. The second point
is that because the City adopted its Capital Improvement Program,
we have simply lifted the Budget Sheets and Budget Summary sheets
out of that program and added them to the capital facilities
element in the form of an addenda, which she believes will cover
what is needed.
Public comment - none.
#3177
TAPE %1407
city Council Reg. Mtg. Minutes
September 11, 1996
Page 31 of 31
Mr. Montqomer¥ complimented Kay Wilson and Ron Hough for a job well
done.
M/S/C/U(Montgomery/Colvin) to approve ordinance on first reading,
adopting 1996 amendments to the Bremerton Comprehensive Plan.
Presiden____~t Law thanked the TV camera crew for their services:
Stephanie James, Erin Daniels, Debbie Harris, Aaron Williams and
David Saunders.
With no further business meeting adjourned at 10:12 P.M..
KATHLEEN L. McCLUSKEY, City Clerk
JOHN E. LAW, Council President
city of Bremerton
KLM/JL/me
cc: Normal Distribution
File/Vault
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: October 9, 1996
ORIGINATING DEPT: Executive
Appointment to the Disability ORIGINATOR:
Action Committee DATE SUBMITTED:
Mayor Horton
October 3, 1996
2. C~EAP. ANCES: (comment on back 3.
if necessary)
EXHIBITS:
Application for Appointment
COONCIn PRESIDENT_C_ / z
4. S~Y STATEMENT AND REOUIREMENT FOR COUNCIL ACTION:
There is a vacancy on the Disability Action Committee and it is recommended the
vacancy be filled by Cheryl Kincer.
RECOMMENDATION:
Motion to confirm the appointment of Cheryl Kincer to the Disability Action
Committee.
9. RESPONSIBLE OFFICIAL:Mayor Horton
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE:
kMENDED
11. AGENDA BILL NO: ~ ~2~
2. ¢I~ARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES:
7. R~SEARCH SOURCES:
APPLICATION FOR CITY BOARDS/COMMISSIONs/COMMITTEE
NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and
telephone number will be available to the press and public. You will be contacted before
any action is taken on your appointment.
(Please type or ~r!n, clearly)', DATE:
PROFESS,ONAUCOMMU ,TY ACT,V,T,ES:'
LOCAL REFERENCES (name & phone number): ~/
()
()
()
()
()
()
I AM/INTERESTED IN SERVING ON (please check one or more):
Disability Action Committee
Civil Service Commission (18 yrs. & older)
Urban Forest Committee
Cable Communications Advisory Committee
Community Developm__~ent Block Grant
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 RETURN TO:
Mayor's Office
239 4th Street
Bremerton, WA
98337
Applications be reviewed periodically to determine continued availability. Additional pertinent
information may be put on back.
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: DESIGN OF CORROSION
CONTROL FACILITY PROFESSIONAL
SERVICES AGREEMENT
(Comment on back
if necessary)
Director & Utilities
Council/al &p~dg_~/~ommi ttee
Counc{~ Operations Committee
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
3. EXHIBITS:
1. Professional
October 9, 1996
Public Works & I fils
September 25, 1996
Services Agreemenu
ENDORSEMENT
MAYOR
4. S~RY STATEMENT A_ND
Qualifications of eight
INFORMATION [] APPROVED BY COITNCIL PRESIDENT FOR SUBMITTAL:
COUNCIL PRESIDE~? .... c/i~'~ ~
REOUIREMENT FOR COUNCIL 'ACTION:
consultants from the City's consultant roster were
reviewed and evaluated for the design of a corrosion control facility for the
City water system. Montgomery Watson was identified as having a demonstrated
ability in planning and design of facilities to meet the lead and copper rule
to solve corrosion control concerns for water systems. In addition, Montgomery
Watson was a subconsultant to EES on Bremerton's Corrosion Control Study and is
(Continued on Page 2)
5. RECOM~ENDATION:
The City Council approve a professional services agreement for design of
corrosion control facility with Montgomery Watson in the amount of $285,237 and
authorize the Mayor to execute the same.
RESPONSIBLE OFFICIAL: Director Pub Wks & Util
ENFORCEMENT OFFICIAL: Director Put} Wks & Util
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMEAIDED []
COUNCIL DIRECTIVE:
(OVER) ~.~ 11. AGENDA BILL NO.:
2 . ~LEAP~NCE COMI~ENTS:
3, $I/MI~ARy STATEMENT A/FD REOUIREMENT FOR COU/~CIL ACTION - Continuation
familiar with issues related to the water system. The scope of work includes
predesign evaluations, design, and construction services for a corrosion
control facility. The consultant's fees for this work are $285,237. The
action before the City Council is approval of an agreement for professional
services with Montgomery Watson.
5. IMPACT ON NON-PASSAGE:
Design and construction of a corrosion control facility will be delayed, and
construction of the facility would not be completed until after the January 1,
1998 deadline from the Washington State Department of Health.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT ~ OTHER RESOURCES:
Staffing: No Impact.
Budget:
This project is included in the 1996 budget and sufficient funds
exist to do this work. An expenditure from the Water Utility
Capital Fund of $285,237 is necessary.
Facilities/Equipmeet~ No impact.
7. RESEARCH SOURCES:
PROFESSIONAL SERVICES AGREEMENT
Corrosion Control Facility
THIS AGREEMENT is between the city of Bremerton,
corporation (hereinafter referred to as "City") and
Watson (hereinafter referred to as "Consultant").
a municipal
Montgomery
W I T N E S S E T H:
1. SCOPE: Consultant agrees to provide engineering services
for the pre-design, design and construction of a Corrosion Control
Facility, as further described in the Scope of Work, attached
hereto and incorporated herein by this reference as Exhibits
2. TERM: Contract shall commence
agreement and will terminate on December
extended by the City.
on the date of this
1997, unless otherwise
3. COMPENSATION: City shall pay Consultant compensation as
follows:
Total fees under this Agreement shall not exceed Two Hundred
Eighty-Five Thousand Two Hundred Thirty-Seven Dollars ($285,237).
Charges for services shall conform to the fee schedule attached
hereto and incorporated herein as Exhibit "C".
Consultant shall submit a monthly statement describing the
services rendered with a breakdown for work completed as authorized
under this Agreement. The City, upon receipt of the completed
statement, shall promptly process said claim for payment.
If the description of services on the Proposal designates
additional services which may be requested by the City, said
additional services will be paid for by the City at the rate set
forth in the Proposal, which sum may exceed the "not to exceed"
amount set forth above; however, said services will only be
performed, and compensated by the City after the City has directed
such performance in writing.
4. RELATIONSHIP OF PARTIES: The parties understand and agree
that Consultant is a firm skilled in matters pertaining to Civil
Engineering and will perform independent functions and
responsibilities in the area of its particular field of expertise.
Consultant and its personnel shall act as independent contractors
and not employees of the City. As such they have no authority to
bind the City nor control employees of the City, contractors, or
other entities. Within the performance of these duties, Consultant
shall work under the direction of the Director of Public Works and
Utilities.
PROFESSIONAL SERVICES AGREEMENT --1--
M-~ATSON.PSA- Disk ] - 9/9/96
5. INDUSTRIAL INSURANCE: Consultant agrees to provide for
State industrial insurance coverage for its personnel as required
by State law.
6. LICENSE AND TAXES: Consultant shall possess a current
Bremerton Business License and any regulatory license required to
fulfill Consultant obligations under this Agreement. B & O taxes
shall be paid when due and Consultant, by this Agreement, assigns
any payments due under this Agreement to the City Clerk for payment
of such taxes which have been declared delinquent.
7. INSURANCE AND HOLD HARMLESS: Prior to and during the
performance of the work covered by this Agreement, Consultant shall
provide the Risk Manager for the City of Bremerton with evidence
that it has obtained and maintains in full force and effect during
the term of this Agreement a policy of professional liability
insurance, providing coverage of at least $1,000,000.00 against
professional liability for errors and omissions in connection with
the work to be performed by Consultant under this Agreement. Risk
Manager shall be provided thirty (30) days' written notice of any
cancellation of said professional liability insurance.
Consultant agrees to defend, indemnify and save harmless the
City, its appointed and elected officers and employees, from and
against any and all liability, loss, costs, damage and expense,
including costs and attorney fees in defense thereof because of
actions, claims or lawsuits for damages resulting from personal or
bodily injury, including death at any time resulting therefrom,
sustained or alleged to have been sustained by any person or
persons and on account of damage to property, arising or alleged to
have arisen directly or indirectly out of or in consequence of the
performance of this agreement or the negligence of consultant,
agents, successors or assigns. This provision shall be
inapplicable to the extent such damage or injury is judicial found
to be caused by the sole negligence of the City.
8. GENERAL CONDITIONS:
a. Reports and Information - Consultant, at such times and in
such forms as the City may require, shall furnish the City such
reasonable periodic reports and documents as it may request
pertaining to the work or services undertaken pursuant to this
Agreement, the costs and obligations incurred or to be incurred in
connection therewith, and any other matters covered by this
Agreement. Consultant will maintain accounting records in
accordance with generally accepted accounting principles and
practices to substantiate all invoiced amounts.
b. Entire Agreement - This Agreement constitutes the entire
agreement between the parties and both parties acknowledge that
there are no other agreements, written or oral, that have not been
PROFESSIONAL SERVICES AGREEMENT -2-
M-WATSON.PSA- Disk 1 - 9/9/96
fully set forth in the text of this Agreement.
hereto and incorporated by reference as part
Exhibits "A", "B" & "C'~.
There are attached
of this Agreement
c. Amendments - The parties
Agreement cannot be amended or
concurrence of both parties.
hereby further agree that this
modified without the written
d. Notices - Any notices required to
Consultant or by Consultant to the City
delivered to the parties at the following
be given by the City to
shall be in writing and
addresses:
city Clerk
239 Fourth St.
Bremerton, WA
98337
Montgomery Watson
2375 - 130th Avenue NE
Bellevue, WA 98005-1758
e. Waiver - Failure to insist upon strict compliance with any
terms, covenants or conditions of this Agreement shall not be
deemed a waiver of such, nor shall any waiver or relinquishment of
such right or power at any time be taken to be a waiver of any
other breach.
f. Compliance with State, Local and Federal Laws -Consultant
agrees to comply with all applicable local, state and federal laws
in performance of all services under this Agreement.
g. Applicable Law; Venue - This Agreement shall be construed
and interpreted in accordance with the laws of the State of
Washington and, in the event of dispute, the venue of any action
brought hereunder shall be in Kitsap County Superior Court.
h. Attorney Fees - The substantially prevailing party in any
litigation arising hereunder shall be entitled to its reasonable
attorney's fees and court costs, including appeals, if any.
i. Construction Estimates Estimates of cost for the
facilities considered and designed under this agreement are
prepared by Consultant through exercise of its experience and
judgement in applying presently available cost data, but it is
recognized that Consultant has no control over costs of labor and
materials, or over the construction contractor's methods of
determining prices, or over competitive bidding procedures, market
conditions, and unknown field conditions so that Consultant cannot
and does not guarantee that proposals, bids, or the project
construction costs will not vary from Consultant's cost estimates.
j. Injury to Workers - It is understood and agreed that
Consultant's fee is based on Consultant being named as an
Additional Insured on construction contractor's insurance policy
for Comprehensive General Liability and Builders All Risk
Liability, and City agrees to insert into all contracts for
PROFESSIONAL SERVICES AGREEMENT -3-
M-WATSON.PSA Disk 1 - 9/9/9b
construction between City and construction contractor(s) arising
out of this design a provision requiring the construction
contractor(s) to defend, indemnify, and hold harmless both City and
...... ~ from any and all actions arising out of the construction
project, including but not limited to, injury to or death of any
worker on the job site, not caused by the sole negligence of City
or Consultant.
k. Site Visits - Visits to the construction site and
observations made by consultant as part of services during
construction under this agreement shall not make Consultant
responsible for, nor relieve the construction contractor(s) of the
obligation to conduct comprehensive monitoring of the work
sufficient to ensure conformance with the intent of the Contract
Documents, and shall not make Consultant responsible for, nor
relieve the construction contractor(s) of the full responsibility
for all construction means, methods, techniques, sequences, and
procedures necessary for coordinating and completing all portions
of the work under the construction contract(s), and for all safety
precautions incidental thereto. Such visits by Consultant are not
to be construed as part of the monitoring duties of the on-site
monitoring personnel defined below.
1. On-Site Monitoring When Consultant provides on-site
monitoring personnel as part of services during construction under
this agreement, the on-site monitoring personnel will make
reasonable efforts to guard City against defects and deficiencies
in the work of the contractorls), and to help determine if the
provisions of the Contract Documents are being fulfilled. Their
day-to-day monitoring will not, however, cause Consultant to be
responsible for those duties and responsibilities which belong to
the construction contractor/s), including but not limited to , full
responsibility for the means, methods, techniques, sequences, and
progress of construction, and the safety precautions incidental
thereto, and for performing the construction work in accordance
with the Contract Documents.
9. NONDISCRIMINATION: Consultant shall not discriminate in
employment or services to the public on the basis of race, color,
national origin, sex, religion, age, marital status or disability,
except employment actions based on a bona fide occupational
qualification.
10. TERMINATION: This Agreement may be termimated by either
party for convenience upon thirty (30) days' written notice to the
other party, or for cause if either party fails substantially to
perform through no fault of the other and does not commence
correction within five (5) days of written notice and diligently
completes the correction thereafter. Upon such termination, City
will be entitled to reports showing the status of all matters upon
which Consultant is advising the City as of the effective date of
PROFESSIONAL SERVICES AGREEMENT -4-
termination.
IN WITNESS WHEREOF the parties hereto have
Agreement the date and year indicated.
MONTGOMERY WATSON
Date: {~ ~ ¢~"C~.kr)~ ~c~,~ BY: ~~,,~~
CITY OF BREMERTON
executed this
Date: BY:
DEPARTMENTAL APPROVAL:
LYNN HORTON, Mayor
W. Eugene Sampley, Director of Public Works
APPROVED AS TO FORM:
IAN R. SIEVERS, City Attorney
RECEIVED FOR FiLiNG:
and Utilities
PROFESSIONAL SERVICES AGREEMENT -5-
M-WATSON.PSA - Disk 1 - 9/9/9[
/?
EXHIBIT A
City of Bremerton, WA
Scope of Work
Corrosion Control Treatment Facility Design
This document describes the Scope of Work (SOW) for completion of the Corrosion Control
Treatment Facility Design to be completed by Montgomery Watson Americas Inc. (MW), with
assistance from Economic and Engineering Services (EES). The SOW consists of three phases
covering eight major elements.
Phase I - Preliminary Design and Permitting Assistance
I.A Preliminary Design
I.B Permitting Assistance
Phase II - Facility Desi,~n
II.A Preparation of Contract Documents
II.B Quality Assurance/Quality Control
II.C Bid Phase Support Services
Phase III - Services During Construction
III.A Office Services During Construction
III.B Field Services During Construction
III.C Operation and Maintenance Manuals, Startup Assistance and Training
Exhibit A presents the detailed Scope of Work for Phases I, II, and IIi.
Exhibit A(8/~0/96)
PHASE 1 - PRELIMINARY I)ES1GN ~-Q~ D PERMITTING ASSISTANCE
ELEMENT 1.A PRELIMINARY DESIGN
The primary objectives of this element are to resolve process and site design issues and prepare
an implementation plan for the Facility Design and Construction (Phases II and lid This
element consists of ten separate tasks as described below.
Most tasks in Element I.A will be documented in a Technical Memorandum (TM) which will bc
submitted to the City for review and comment. All of the TMs will then be revised and compiled
in the Predesign Report (Task I.A.10) along with pertinent information from Element I.B
(permitting issues).
I.A.1 Project Management, Meetings and Status Reports
This task includes project management efforts that will establish procedures for ensuring that all
important decisions made during this phase are closely coordinated with the City.
a. Kickoff Meeting. Key project team members will meet with City personnel in a project
kickoff meeting to discuss current water supply facilities operations, staffing and objectives
the design of the proposed facility, and future operation and maintenance issues. Tt~e project
team will also tour the proposed project site at Reservoir No. 4.
b. Project Status Reports and Meetings. MW will prepare monthly project status reports
including updates on project schedule, budget and important technical information. Monthly
project reports will include:
Work performed during the past month
Percent completion of the project as a whole, and for each major task and subtask
Project status, including schedule and remedial actions, if required
Work schedule for the upcoming month
Activities of subcontractors
For budgeting purposes, three monthly reports have been assumed.
Exhibit A(8/30/96)
Additionally, the Project Manager or Technical Director will be available for other meetings alld
presentations as requested by the City besides those meetings to be held as part of other Phase I
tasks described below. For budgeting purposes, 12 total hours et' time have been assumed.
I.A.2 Site Survey and Geotechnical Investigations
It is assumed that the City's survey crew will conduct all field work and other activities
necessary to complete the surveying efforts. A detailed site survey needs to be conducted el' tile
Reservoir No. 4 site prior to MW's preparation of preliminary site layouts, hnportant
topographic features including 2-foot contour intervals, wooded areas (approximate limits),
buildings, fences, water, vegetation, pavement, ditches and walls will be identified and defined.
Property lines, easements and rights el' way will be identified. The survey will inctudc the land
determined to be necessary for a potential future water treatment plant as described in Task I.A5
below. For budgeting purposes, 8 total hours of time have been assumed by MW for survey
coordination and review of survey information.
Limited on-site geotechnical investigations will be conducted to determine the suitability and
preliminary design criteria l'or the Reservoir No. 4 site. This work will include excavation of one
test pit to a maximum depth of 10 feet (or practical rcft~sal). Soils samples will be taken l'or
visual observations only.
Deliverables
MW Two draft copies and 5 final copies of the Geotechnical Report. The finul report will be
included as an appendix in the Predesign Report (Task I.A.10). Coordination of City
survey efforts and review of City-provided survey docnments.
City
Provide any previous geotechnical reports or other information pertaining to the
construction of Reservoir No.4. Provide site access to the geotechnical consultant.
Review draft Geotechnica/Report within 15 working clays after submittal. Prnvide amy
existing pertinent drawings and survey information of the Reservoir No. 4 site. Provide
electronic survey files for use in the preparation of site plans during Phase I and ['basc
II. File format to be AutoCAD.DXF. A formal, stamped survey drawing of the project
site will also be prepared and an AutoCAD.DXF formatted file will be provided.
I.A.3 Site Visits of Operational Corrosion Control Facilities
It is recommended that key City staff visit a l~zw operational corrosion control facilities using
different types of chemicals to familiarize themselves with many of the key issues reg:uding
selection of cheuficals for Bremcrton's facility. These site visits should occur pr~or to the
workshop identified in Task I.A.5. MW will assist tile City in identifying appropriate facilities
and will attend some or all of these site visits as requested by the City. For budgeting IOUrpOSeS,
MW has assumed 16 hours of project manager's and project engineer's time to participate.
I.A.4
Analysis of Alternative Chemicals for Corrosion Control and Possible Future
Fluoridation
The City's Lead and Copper Rule Corrosion Control Optimization Study (June 1995) presented a
preliminary analysis of alternative chemicals, including caustic soda and soda ash, which could
be used for pH adjustment at the Reservoir No. 4 site. This task will summarize those effo~ts and
provide updated costs and other information based on curreut conditions to help determine tile
most-appropriate chemical for the City's use. Included in the summary will be uon-cost issues
such as advantages and disadvantages of each chemical, ease of operability, operator sat'cry,
reliability and compatibility with potential future treatment requirements such as fluoridation,
ozonation and/or filtration. Existing water quality data and current and future flow data will be
reviewed to aid in the development (by computer programs, not by laboratory testi~g) of
average, maximum and minimum chemical doses and feed rates. It is assumed that tine design
capacity of the con-osion control facility is 20 mgd.
In addition to the analysis of alternative corrosion control chemicals, this task will aisc) include
an analysis of alternative fluoridation chemicals (hydrofluorosilicic acid, sodium fl~oride.
sodium silicofluoride), including costs and other non-cost issues mentioned above, should the
City eventually decide to fluoridate its water supply. If fluoridation does take place iu the
it is likely that fluoride would be added to thc water supply at the same place corrosi~>n
chemical(s) are added. Hence, both chemical storage and feed systems would likely be
contained within the same building. Based on this analysis, MW will request that the City make
a preliminary decision as to which Fluoride chemical is preferable and then proceed with facility
layout alternatives, as described in other tasks, based on that chemical.
Should the City eventually decide to fluoridate its water supply, lluoride would have to be added
at numerous wells in addition to the main supply at tlnc corrosion control facility. In addition to
4 /3 Exhibit A(8/30/96)
the analysis of alternative fluoride chemicals and costs at the corrosion control facility, MW will
also prepare a brief analysis of alternative fluoride chemicals, feeding methods and costs at each
well site. It is possible that different chemical forms of fluoride and feeding methods cnuld be
used at the corrosion control facility compared to the wells.
Deliverables
MW
5 copies of a draft 'PM analyzing the costs and other issues for determination of
the most-appropriate pH adjustment chelnical, and possible future fluoride
chemical(s), for the City's purposes. This TM will ultimately serve as a chapter,
partial chapter or Appendix for inclusion in the Predesign Report as described in
Task I.A.10. Any City comments would be incorporated into thc Predesign
Report rather than re-issue a final TM.
City
Written comments within 10 working days of draft TM submittal. Preliminary
decision as to which fluoride chemical is appropriate for facility layout efforts.
I.A.5 Preliminary Site Evaluation and Layout
The Reservoir No. 4 site has been preliminarily identified as the preferred location for a
corrosion control treatment facility, with chemical addition presumably upstream of thc
reservoir. The proposed location of thc corrosion control facility ruust be cumpatiblc with
current and future uses aud restrictions at the site including a potential water filtration plato.
Therefore, it will be necessary to develop a preliminary layout and location of the future water
filtration plant to ensure that the corrosion control treatment facility does not obstruct the
available land and that it also fits in with the overall treatment process. Aisc), part nf the
reservoir site is within the inundation area from a dam break and it wiI] be imperator to address
this issue by making recommendations regarding the location of non-critical facilities within the
inundation area or regrading to protect the new construction. In addition, a land development
company has offered the City a proposal to trade part of the Reservoir No. 4 land for other
adjacent land and this issue must be evaluated as part of the site evaluation. Additionally, this
evaluation will consider that the residence located within the reservoir site is owned by the Cily,
and this area could be used for construction of improvements.
It is assumed that two alternative fihration plant layouts will be prepared for an ultimate
treatment capacity of 20 mgd including 1) a direct filtration plant including ozonation,
flocculation, filtration and solids handling processes and 2) a membrane filtration plant including
5 /& Exhibit A(8/30/%)
permeate and reject water processes. The layouts will be purely conceptual at this stage based on
standard design criteria and parameters and MW's knowledge of similar-sized facilities.
Deliverables
MW
5 copies of a draft TM, including two preliminary facility layouts for it potential
future 20 mgd water treatment plant, describing the recommended siting of the
proposed corrosion control treatment facility and including an analysis of ttm
proposed land-swap by thc land development company. This TM will ultimately
serve as a chapter, partial chapter or Appendix for inclusion in the Predesign
Report as described in Task 1.A.10. Any City comments will be incorporated
into the Predesign Report rather than re-issue a final TM.
City
Provide available information relating to inundation issues. Provide available
information relating to the land development company's land-swap proposal.
Written comments within I0 working days of draft TM submittal.
I.A.6 Preliminary Design Workshop
Conduct a 6 hour workshop at the City involving MW team, City and DOH personnel to review
goals and objectives, preliminary issues, water quality data and regulation impacts, ct~cmical
selection, facilities design criteria, facility layouts including options to provide fluoride storage
and feed facilities in addition to corrosion control chemicals, arcl:itectura] features, O&M issues,
safety, control concepts, etc. Minutes of the workshop will be issued documenting ali ma~or
decisions, which will then form the basis for alternative screening and selection of the best
chemical and process. Consultant team attendees at the workshop will include the project
manager, technical director and project engineer.
Deliverables
MW
Preparation of briefing documents (preliminary design criteria, chemical feed
alternatives, alternative site and facility layouts, architectnral concepts, potential
support facilities) to each workshop attendee. Conduct workshop in Brcmerton.
Prepare and distribute minutes of the Workshop.
City
Arrangements and costs, if any, for the participation m the workshop. Provision
of the workshop meeting space. Written comments within 5 working clays of ail
draft briefing documents and meeting minutes.
6 / '~ Exhibit A(8/30/96/
I.A.7 Preliminary Facility Layout, Design Criteria, Utility Requirements and P&IDs
All preliminary design information will be documented for inclusion in the Predesign Report
(Task I.A./0). Design criteria will be finalized, preliminary process and instrumet~tation
diagrams (P&IDs) will be prepared, site, facility and piping layouts will be prepared and utility
information will be developed inclnding utility water, electrical, telemetry, storm drainage and
sanitary. An architectural sketch of tbe proposed building will be developed. Thc level ol'
completion of the preliminary design will be approximately 10% of tile overall project design
effort.
As part of this effort, the City will have to decide on the preferred concept for adding fluoride
chemical storage and feed systems at the corrosion control facility. Options include providing
the fluoride systems now as part of the corrosion control facility, making the building larger tu
allow for future addition of fluoride systems, or provide for future expansion of the corrosion
control building to incorporate fluoride systems at a later date. No decision has to be made by
the City about preferred fluoride feed facilities at the wells since those facilities are not part of
this project.
1.A.8 Preliminary Cost Estimates, Staffing Requirements and Implementation Schedule
Based on the information developed in previous tasks, provide an estimate of probable
construction costs for the City-selected facility to be constructed, estimate the anticipated City
staffing requirements for the proposed corrosion control treatment facility, estimate the annual
O&M costs and prepare an updated project implementation schedule. The cost analysis will als()
address incremental costs associated with providing fluoride storage and feed systems as well as
corrosion control facilities. This effort will not be conducted for thc possible l"luoride facilities :tt
the well sites. An anticipated list of design drawings, an outline of construction specifications
and a fee estimate to conduct the proposed facility design will be developed. Alt of this
information will be included in the Predesign Report (Task I.A. 10).
I.A.9 Treatment Startup and Monitoring Plan
A possible approach for treatment startup and monitoring consists of stepping-up the pH in
increments over a period of time. MW will prepare a detailed treatment implementatioa
approach to assist the City in understanding how the facility will be operated. Once the startup
7 / K~) Exhibit A(8/30/%)
strategy has been finalized, a detailed water quality monitoring and implementation plan will be
developed. This will include where samples are collected, and contingency plans l'or operational
and secondary impact problems.
Concurrent with these elements, a startup plan must also include a coordinated public
information plan. As part of this task, MW will assist the City in the development and
implementation of a coordinated public information plan. MW will provide these services at the
City's request. It is anticipated that these services will include review of press releases and
brochures prior to publication, and attendance at one or two public meetings. For budgeting
purposes, 20 hours of labor have been provided for this task.
Deliverables
MW 5 copies of the draft Technical Memorandu~n covering the treatment
implementation approach and monitoring plan will be delivered to the City for
review and comment. This TM will ultimately serve as a chapter for inclusion in
the Predesign Report as described in Task 1.A. 10. Any City comments would be
incorporated into the Predesign Report rather than re-issue a final TM. Assistance
to the City with development and implementation of a coordinated public
information plan.
City
Written comments within 10 working days of draft TM submittal. Develop and
implement a coordinated public information plan.
I.A.10 Preliminary Design Report
A Preliminary Design Report will be prepared which documents the findings and conclusions o['
Element I.A as well as incorporates the Technical Memoranda from Element I.A and I.B. This
report will conform to WAC 246-290-110 documenting the results of the engineering predesign
study. It will address all relevant regulatory and engineering elements including site constraints,
utility needs, treatment chemical(s), treatment equipment, instrumentation and control, electrical,
redundancy of components, costs, required building structural and architectural features, security
and permitting issues.
Draft copies of the report will be submitted to the City and to DOH foi' the purposes of approving
the concept design. MW will meet with the City and/or DOH one time to review comments on
the draft report.
8 / ~" Exhibit A(8/30/96)
Deliverables
MW 5 copies of the draft report will be submitted for City review. One copy of the dral:t
report will be submitted to DOH. 10 copies of the final report will be submitted after
receiving City and DOH comments.
City Written comments from draft Predesign Report within 15 working days after submittah
ELEMENT I.B PERMITTING ASSISTANCE
The primary objective of this element is to assist the City in obtaining all required permits and
Agency reviews which are necessary to get the project approved for design and construction.
MW will provide supporting documentation and technical information to the City. It is assumed
that the City will submit any applications, pay any and all associated fees and secure all required
permits. Probable permits/reviews include:
Kitsap County/City land use approval
Building permit/plan check approval
DOH approval of predesign and design documents
MW will first identify ali required permits and Agency reviews. Then, at the City's request,
MW will provide required documentation and technical information to supplement the City's
permit/review application(s) to the appropriate agencies. For budgeting purposes, 48 hours of
labor have been provided for this task for technical information and documentation.
Deliverables
MW Identify required permits, provide technical information and documentation in support
of the City's permit applications.
City
Prepare the actual permit applications and make appropriate payments l'or permit
application(s). Notil'y MW when assistance is required.
9 ~) Exhibit A(8/30/96)
PHASE II - FACILITY DESIGN
The three elements of Phase II include Preparation of Contract Documents, QA/QC and Bid
Phase Support Services. The SOW for Phase II will be reviewed after completion of Phase I to
verify that the basic assumptions are still applicable. Work will not proceed on Phase II until
written authorization is received from the City.
The design will consist of preparation of contract documents for the Corrosion Control
Treatment Facility at the Reservoir No. 4 site hased on the City-approved facility and design
concepts developed during Phase I - Preliminary Design. Major assumptions for the facility
design scope of work and budgeted costs include:
Liquid sodium hydroxide (delivered as a 25% by weight solution) will be used to elevate the
pH to a maximum of 8.5.
The facility will be designed to treat a maximum flow of 20 mgd.
The facility will consist of a completely-enclosed concrete masonry unit (CMU) building
with a metal roof which will contain two sodium hydroxide storage tanks, two sodium
hydroxide metering pumps and various support facilities including electrical, instrumentation
and controls, heating and ventilation, plumbing and drainage. The building will contain four
separate rooms including 1) chemical storage and metering, 2) electrical and instrumentation.
3) a small garage for utility truck parking and 4) a small unisex restroom with one toilet and
one sink.
it is assumed that a chemical injection vault (without HVAC) will be required to provide
access to the main pipeline.
It is assumed that a pH sampling vault (without HVAC) will be required downstream of tine
chemical injection point and that a low-flow sample stream will be pumped back to the main
building for continuous pH measurement.
It is assumed that there is utility water available at or near the site at a minimum pressure of
40 psi with enough capacity for the toilet, sink and NaOH carrier water to be used for the
building's water supply.
It is assumed that an internal fire sprinkler system will not be required for the new building.
The building will be designed to provide for a sodium hydroxide storage and feed system
only. Any possible future fluoride facilities would be provided by future expansion of the
corrosion control building.
It is assumed that there is an electrical service within 500 feet of the new facility which will
serve as the primary electrical feed.
10 ~ / Exhibit A(8/30/96)
The facility will be provided with minor landscaping in an attempt to screen the new
building.
The City will be responsible for providing any telemetry service to/from the facility to
interface with the facility's control system.
The basis of the scope of work and budget for most of Phase II is the list of drawings ~vhich ~vill
be prepared to receive competitive bids by a third party (Contractor). Based on the concepts
listed above, a preliminary list of drawings is attached as Exhibit B for determining the sco?e
and estimated budget. A total of 42 drawings are estimated.
The design services will consist of preparation of drawings and specifications for civil site work
and piping, mechanical, architectural, structural and seismic, electrical, and instrumentation &
control disciplines. The construction contract documents will utilize MW's standard 'fi-ont-end"
general specifications and conditions as well as supplementary general conditions and technical
specifications. Technical specifications will be prepared in CSI Format. Supplementary
information may also be included (such Conditional Use Permit and Geotechnical Report). A
single set of reproducible Contract Documents including all specifications will be provided to the
City along with an electronic file on diskettes in Word format.
The Phase II - Facility Design services will consist of the following tasks and elements:
II.A Preparation of Contract Documents
II.A.1
II.A.2
II.A.3
II.A.4
II.A.5
II.A.6
II.A.7
II.A.8
iI.A.9
II.A. 10
Process/Mechanical/Hydraulic Design
Civil Design including Site Plans, Yard Piping and Minor Landscaping
Architectural Design
Structural Design
Electrical Design
Instrumentation Design
General Provisions and Technical Specifications
Engineer's Construction Cost Estimate
Updated Project Schedule
Additional Engineering Services as Requested
II.B Quality Assurance/Quality Control
II.B. 1 30% Overall Check/Review Workshop
II.B.2 90% Comprehensive Check/Review Workshop
II.B.3 Final Inter-Discipline Check
II.C Bid Phase Support Services
II.C. 1 Respond to Bidder's Questions
II.C.2 Prepare Addenda
I I )~ '2~ Exhibit A(8/30/96)
II.C.3 Prebid Conference
II.C.4 Bid Opening/Review
The design-related tasks (II.A and II.B) will be conducted in three stages (30% design, 90%
design and 100% design) to develop the project prior to bidding. Task II.C (the fourth stage)
will be conducted after completiou oi' 100% design, but prior to the start of actual construction.
Phase III of this project (Services during Construction) will commence following completion of
Task II.C. Each of the four stages are described below including anticipated deliverables and
work efforts.
Additional Engineering Services (Task II.A.IO)
Additional engineering services will include specific tasks requested by the Department during
the course of the project. No work can be completed on these tasks without prior written
authorization by the City. Scope of services and budget for each individual task requested will
be defined at the time of written authorization. Additional engineering services may include, but
are not limited to, fluoridation facility design, design of sanitary sewer system and/or utility
water pipeline(s) and connection(s) if there are no available connection(s) within 500 feet of the
new facility, telemetry/SCADA system design from the ne,,,,' facility to the City's main sh,~)p, and
design of electrical system improvements if the primary electrical service is greater than 500 feet
from the new facility.
Stage 1 - 30% Design
The first stage of Phase [I will culminate in a 30% design submittal consisting of:
Preliminary process and instrumentation diagrams (P&IDs),
Workdn-progress drawings for civil, architectural, mechanical, structm'al and electrical
disciplines, and
Proposed outline of contract documents including specifications.
The City and MW will meet in a Workshop no sooner than 7 days after the submittal to discuss
any review comments as well as to discuss the overall project and schedule. During the review
period, all work efforts will stop until review comments are received from the City. During the
30% design period, MW will continue to assist the City during its permit application process
with KAtsap County as described in Element I.B.
12 .~ ~ Exhibit 1(8/30/96)
Deliverables
MW
Submit 5 copies of the 30% design submittal (1/2 size drawings - l lx17) to the City including
those items listed above. Complete internal review check of 30% design submittal prior to the
Workshop.
Cio,
Review the 30% submittal and provide written comments to MW within 10 working days after
receipt. A Workshop meeting will also be held between MW and the City to receive and review
CO nq_i*llei1 ts.
Stage 2 - 90% Design
The second stage of Phase II will culminate in a 90% design submittal consisting of:
Preliminary set of contract documents including "front end" general and supplementary
conditions, technical specifications and drawings, and
Updated project schedule from advertisement of bids through construction completion.
The City and MW will meet in a Workshop no sooner than 7 days after the submittal to discuss
any review comments as well as to discuss the overall project and schedule. During the review
period, all work efforts will stop until review comments are received fi-om the City. I)uring the
90% design period, MW will continue to assist the City during its permit application process
with Kitsap County as described in Element I.B. After the 90% submittal is made to thc City,
MW will prepare a detailed engineeffs constriction cost estimate which will be delivered to the
City at the design review Workshop.
Deliverables
MW
Submit 5 copies of the 90% design submittal (1/2 size - llx17 drawings plus 8-1/2 inch
specifications) to the City. Submit updated project schedule through completion of construction.
Submit one copy of tile 90% engineer's construction cost estimate at the Workshop. Complete
internal review check of 90% submittal prior to the Workshop.
13 ~,__~ ~ Exhibit A(8/30/96)
CiO'
Review the submittal and provide written comments to MW within 10 working days after
receipt. A Workshop meeting will also be held between MW and the City to receive and review
comments.
Stage 3 - 100% Design
The third stage of Phase II will culminate in a 100% design submittal consisting of:
Final contract documents including "front-end" contract documents, technical
specifications and drawings based upon City (and other review agencies' comments if
available) from the 90% design submittal,
One copy of final engineeriog calculations, manufacturers' data and related work
products compiled and indexed in a 3-ring binder for City records,
Final engineer's construction cost estimate (if it is anticipated to be significantly different
than the 90% estimate), and
Prepare advertisement of the project for construction bids.
MW will provide the City with a single final full-size reproduc b e copy of the Draxvings on City
title block, as well as an electronic copy of the design Drawings on diskettes in AutoCAD
format. MW will also provide the City with a single reproducible copy of the other contract
documents in 8-1/2 x 11 format.
Deliverables
MW
Submit l set of reproducible contract documents (all contract documents and full size drawings).
Originals of contract documents will also be submitted in electronic format (specifications in
Word 6.0 and drawings in AutoCAD format. Submit one copy of final engineering calculations,
manufacturers' data and related work products compiled and indexed in a 3-ring bindcr for City
records. Submit updated engineer's construction cost estimate, if a new estimate is prepared.
Complete intemaI review check of 100% submittal prior delivery to the City.
14 d::~ '--~ Exhibit A(8/30/96)
CiO,
The City will be responsible for printing of the contract documents for bidding purposes,
advertising the project for construction bids, and for distributing the bid documents. The City
will provide MW with ]0 copies of the final printed contract documents including drawings and
specifications.
Stage 4 - Support Services during Bidding
if the project is advertised for bidding, MW will provide the appropriate services during bidding
as requested by the City as described below. [t is assumed that the City will be the main point of
contact during the bid phase.
Respond to Bidder's Questions: Provide assistance to the City in answering questions
from prospective bidders concerning the intent or requirements of the construction
contract,
Prepare Addenda: Prepare technical addenda items including clarification specifications
and drawings as required (addenda distribution will be by the City),
Prebid Conference: Attend a Prebid Conference with the City. Prepare pre-bid
conference minutes (minutes distribution will be by the City), and
Bid Opening/Review: Attend the bid opening with the City, if requested, and provide
assistance to the City in the review of bids. Prepare bid tabulations and provide the City
with a recommendation for contract award.
15
Exhibit A(8/30/96)
PHASE III - SERVICES DURING CONSTRUCTION
The three elements of Phase 1I[ include Office Services during Construction, Field Services
during Construction and O&M Manuals, Startup Assistance and Training. The SOW for Phase
III will be reviewed after completion of Phase II to verify that the basic assumptions are still
applicable. Work will not proceed on Phase III until written authorization is received from the
City.
III.A Office Services During Construction
III.A. 1
HI.A.2
III.A.3
lI1.A.4
III.A.5
III.A.6
III.A.7
III.A.8
Preconstruction Conference
Submittal Review including Contl'actor% Lump Sum Price Breakdown and Schedule
Clarification of Contract Documents
Change Orders
Progress Payment Requests
Monthly Site Visits
Assist in Final Inspection
Record Drawings
III.B Field Services During Construction
IlI.A.1 Periodic Field Observation and Monitoring
III.C Operations and Maintenance Manuals, Startup Assistance and Training
III.C. 1
III.C.2
I[I.C.3
Prepare O&M Manuals
Provide Startup Assistance
Develop and hnplement Operator Training Program
ELEMENT III.A - OFFICE SUPPORT SERVICES DURING CONSTRUCTION
The Scope of Work for this element was prepared with the understanding that the City will serve
as the Construction Manager and that MW will provide services as reqnested in support of the
Construction Manager. As Construction Manager, the City will have the direct line of
communcation with the selected contractor and with any agencies involved during construction.
III.AA Preconstruction Conference
Conduct a pre-conference telephone meeting with the City to review and establish agenda
for the Preconstruction Conference. City to send Preconstmction Conference agenda to
all attendces (City, MW, contractor, major subcontractors and other agencies affected
directly by the construction) prior to conference.
16 d.~ 7/2 Exhibit A(8/30/96)
Attend one Preconstruction Conference, prepare Conference notes and issue notes to
City.
II1.A.2 Submittals
Review the contractor's breakdown of lump sum price for progress payment purposes
and assist the City with negotiations as requested.
Review the Contractor's initial schedule for reasonableness. Provide a summary of
MW's schedule analysis to the City.
As requested by the City, review shop drawings of fabricated and manufactured
equipment, and equipment technical manuals submitted by the contractor for substantial
conformity with the intent of the contract drawings and specifications.
As requested by the City, evaluate substitution(s) and "or equal(s)" proposed by the
contractor during construction.
III.A.3 Clarification of Contract Documents
As requested by the City, respond to contractor's Requests for Clarification (RFCs), and
as applicable, without waiting for contractor's RFCs, interpret the drawings and
specifications, including the preparation of elementary sketches, if required, to clarify the
design details or to make minor revisions. The City will issue Advisory Notices to the
contractor as applicable.
Provide the City with copies of all written interpretations and sketches as requested.
III.A.4 Change Orders
As requested by the City, prepare change order justification documents, evaluate
schedule impacts, and assist thc City in negotiating change orders with the contractor:
make recommendations to thc City concerning change orders. It is assumed that the City
will prepare all formal change order documents and maintain a change order
documentation system.
17
Exhibit A(8/30/96)
III.A.5 Progress Payment Requests
At the City's request, review the contractor's progress payment requests, suggest any
changes if required and make a recommendation for payment by the City.
III.A.6 Monthly Site Visits
MW's project engineer will visit the construction site once per month for the following
purposes:
- Attend a regularly scheduled weekly construction progress meeting
- Review the progress of the work and identify and address any field problems if they are
observed.
- While at the site, answer any questions, assist in the resolution of unusual difficulties,
and discuss work progress
llI.A.7 Assist in Final Inspection
Conduct final walk-through inspection iu company with the Construction Manager, the
City's Resident Inspector, other City staff and contractor to ascertain compliance by the
contractor with requiremeuts of tile drawings and specifications. Provide punch-lists for
construction completion. MW staff involved will include project engineer, project
electrical/l&C engineer and field inspector.
Make recommendations to tile City concerning operational acceptance, substantial
completion aud final acceptance of the work.
If requested by the City, establish the beginning of the warranty period for partial or full
project utilization and issue a written notification to the contractor, bonding company and
Commission advising all parties of the beginning and ending dates of warranties.
III.A.8 Record Drawings
Upon Substantial Completion of construction, Montgomery Watson shall receive from
the Construction Manager a set of compiled, marked-up design drawings conforming to
the construction records of the contractor and prepare "As-Built" record drawings.
t8 '~ 7 Exhibit A(8/30/96)
Record drawings will be provided to the City in AutoCad drawing disk format with
vellum hard copies.
ELEMENT III.B - FIELD SUPPORT SERVICES DURING CONSTRUCTION
The Scope of Work for this element was prepared with the understanding that the City will serve
as the Construction Manager and that the City will also provide a full-time Resident [uspector.
MW will provide services as requested in support of the Construction Manager and Resident
Inspector.
III.B.1 Part-Time Field Observation and Monitoring
MW will provide part-time inspection services (an average .of 20 hours per month) to
supplement and coordinate with the City's full-time Resident Inspector. MW's part-time
inspector will attend approximately two weekly construction progress meetings per
month.
It is assumed that the City will be responsible for all subconsultant services which are
necessary during construction including geotechnica] monitoring, soils testing, concrete
testing, other special inspections and construction staking, as necessary.
ELEMENT Ill. C - O& M MANUALS, STARTUP ASSISTANCE AND TRAINING
As construction proceeds, MW will provide services to assist thc City in understanding the
operating goals and procedures for the Corrosion Control Facility as described herein.
III.C.1 Prepare O&M Manuals
MW will prepare draft and final versions of an O&M Manual which describes and explains
major components and functions o1' the Corrosion Control Facility. This O&M Manual will he
used in conjunction with the equipment Technical Manuals to be provided by the Contractor.
The intent of the manual is to serve as a training and startup tool for City operating staff, it is
assumed that this manual will be no longer than 20 pages in length including figures and tables.
19
Exhibit A(8/30/96)
A draft outline will first be prepared for City review and comment to ensure thai the final
product will meet with the City's desires and needs. 5 copies of the draft O&M Manual and .5
copies of the final O&M Manual will be provided.
Ili. C.2 Develop Startup/Testing Plan and Provide Startup Assistance
MW will assist the City to develop an implementation plan for the Corrosion Control Facility
which describes the goals and procedures during the initial startup and testing of the facility.
This plan will relate to the startup of on-site chemical storage and feed facilities and will be
integrated with the proposed treatment plan described in Task I.A.9. The startup and testing plan
will be developed in conjunction with the Contractor who has certain responsibilities in this area
also.
MW will also provide startup assistance services by the field inspector described in Task III.B.I
above to help the City implement the startup plan.
III.C.3 Develop and Implement Operator Training Program
MW will plan for and implement a formal operator training program. MW will provide training
to the City operating staff. This training will include:
· project background and understanding,
· the basics of corrosion control,
· basic chemistry issues related to pH adjustment and corrosion control, and chlorine residual
impacts,
· analytical requirements including in line pH meter use and calibration (formal training to be
provided by instrument suppler),
· introduction to the use and handling of sodium hydroxide, and
· introduction to some of the key specific issues related to pH adjustment at the Reservoir No. 4
site.
Prior to starting the training sessions, MW will prepare an outline of the proposed training
program for City review and comment. Certain training materials will also be prepared as
handouts for the participants.
20 ~ / Exhibit A(8/30/96)
It is assumed that the full-scale facility training will be accomplished in two sepm'ate sessions of
4 hours each. The draft O&M Manual prepared during Task iII.C.1 will be used as one of thc
training tools.
Phase III Assumptions
· Assumed construction duration = 6 months
· Assumed 70 hours for submittal/resubmittal review at 3.5 hours each (20 submittals total).
· Assumed 24 hours for RFC/RFI review and response.
· Assumed 20 total hours for change orders.
· Assumed 16 hours for final inspections by design engineers.
· Assumed 28 hours for record drawing preparation.
21 ._~Q Exhibit Al8/30/96)
EXHIBIT B
BREMERTON CORROSION CONTROL FACILITY
PRELIMINARY LIST OF DRAWINGS (8/96)
GENERAL
G-1
G-2
G-3
Cover Sheet
Location Map, Vicinity Map, Design Criteria & List of Drawings
Standard Symbols and Abbreviations
CIVIL
C-1
C-2
C-3
C-4
Civil Details
Site Grading and Paving; Roadway and Yard Piping Plan
Site Drainage Plan and Details; Landscaping
Vault Details
ARCHITECTURAL
A- 1 Architectural Elevations
A-2 Architectural Sections and Details
A-3 Architectural Schedules and Details
STRUCTURAL
GS-1 Structural General Notes and Standard Details
GS-2 Structural Standard Details Sheet I
GSa3 Structural Standard Details Sheet II
GS-4 Structural Standard Details Sheet III
S-1 Foundation Plan and Details
S-2 Building Masonry Block and Reinforcement Plan
S-3 Roof Framing Plan and Details
S-4 Sections and Details
MECHANICAL
M-1 Pipe Schedule and Equipment Schedule
M-2 Mechanical Standard Details I
M-3 Mechanical Standard Details Ii
M-4 Chemical Feed System Schematic
M-5 Chemical Feed System Plan
M-6 Chemical Feed System Sections
M-7 Mechanical Foundation Plan Building Drainage
M-8 Heating and Ventilation
M-9 Building Plumbing Plan
M-10 Details and Schedules
ELECTRICAL
E-1 Electrical Symbols and Abbreviations
E-2 Electrical Site Plan
E-3 Building Power and Control Phm
E-4 HV, Lighting, and Receptacle Plan
E-5 One-Line Diagram and MCC Layout
E-6 Control Panel Layout
E-7 Control Wiring Diagrams Sheet I
E-8 Control Wiring Diagrams Sheet II
E-9 Control Wiring Diagrams Sheet III
E-10 Control Wiring Diagrams Sheet IV
INSTRUMENTATION
I-I
b2
I-3
I-4
Instrumentation Standard Symbols & Notes
P & ID - Chemical Storage and Feed System
P & ID - Sampling and Injection Systems
Instrumentation Details
EXHIBIT C
1996 HOURLY RATE SCHEDULE
MONTGOMERY WATSON
Principal Professional I
Principal Professional II
Supervising Professional
Senior Professional
Professional
Associate Professional
Assistant Professional
Administrator
Senior Designer
Designer/Drafter
Secretary
$145
125
105
90
75
65
55
5O
80
60
45
1) These hourly rates include include salary, overhead and profit.
2) These hourly rates apply to calendar year 1996 and may be adjusted in January 1997.
3) Subconsultant costs will be marked up by 10 percent to cover adminstrative and insurance charges.
4) Other direct costs (ODCs) will be marked up at 15 percent to cover administrative and insurance
charges.
1
Exhibit C
ECONOMIC AND ENGINEERING SERVICES, INC.
Principal $120
Senior Engineer 90
Engineer 70
Clerical 40
MISCELLANEOUS COSTS
Mileage $0.30/mile
CADD $28/hour
Associated Project Costs $7.25/staff hour
(includes word processing, computers, in-house copies, telephone, fax, postage and
overnight deliveries)
2
Exhibit C
EXHIBIT C
Bremerton Corrosion Control Facility: Phase I Manhour Estimate
I Project Technical Project Project Staff Staff Senior
Manager Director Engineer Engineer Engineer Engineer Designer Admin.
Task Description Kreft Kirmeyer Friedman Swalm Pierson Wong Patrick ODCs TOTAL
Phase I - Preliminary Design
Element tA - Project Management
Task 1AA: Project Management 20 12 8 8 4 $500 $6,t 20
Task 1A2: Site Sutveyand Geotechnical 2 6 $2,500 $3,290
Task 1A3: Site Visits 8 8 $500 $2,120
Task lA 4: Analysis of AItemative Chemicals 2 4 35 2 16 6 $300 $5,910
Task 1A.5: Preliminaiy Site Evaluation and Layout 12 2 16 8 8 16 $1,200 $6,920
Task lA 6: Predesign Workshop 8 8 16 8 8 $500 $4,980
Task 1A7: Prelim Facilities Layout, Design Cd~eda, Utilities 4 4 24 10 24 8 40 $1,200 $10,990
Task lA 8: Preliminar7 Cost Estimate, Stag Requirements . 4 4 16 4 12 4 $300 $4,310
Task IA9: Treatment Stad-up and Monitoring Plan 4 4 32 2 8 6 $300 $5,060
Task 1A10: Predesign Report 4 8 24 4 15 4 20 $I,000 $7,670
Element lB - PermittingAssistance 4 24 8 12 $300 $4,560
Phase I Total (hours) 72 46 188 60 104 15 60 48 $61,930
B&OTax at 25% $1,548
Total Phase J Fee Estimate $63,478
EXHIBIT C
Bremerton Corrosion Control Facility: Phase II Manhour Estimate
Project Pro/act QA/QC P8ncipal Supe[v/sing Senior Sen/or Des¢~ner
Task Description Manager E¢lgineer Coordinator Engineer Professional Professional Professional Designer Drafter Admin. ODCs TOTAl.
Phase I[ - Facility Design
Element/IA - Preparation of Contract Documents
Task I[A.I: Process/Mechamcal/Hydraulic Design 40 140 120 16 $1,725 $29,730
Task llA.2: Civil Design 24 90 72 12 $575 $18,040
Task llA.3: Architectural Design 8 60 32 $575 $7,720
Task IIA4: Structural Design 8 120 80 $575 $15,380
;Task llA5: Electrical Design 12 190 140 $725 $24,880
Task IIA,6: Instrumentation Design 8 100 70 S575 $13,280
Task IIA7: Spec/Stations 28 100 80 S1,150 $17,650
Task IIA8; Construction Cost Estimate 4 4 24 $400 $3,420
Task IIA.9: Updated Project Schedule 2 4 4 ~ $110 $920
Task IIA 10: Additional Engineering Services ,18 120 120 40 I $1,600 $30,000
E!ement lib - QA/QC
Task lIB1: 30% Overall Check/Review Workshop 4 4 4 $140 $1,580
Task lIB2: 90% Comprehensive Check, Review Workshop 4 4 4 10 $140 $2,630
Task lib 3: FJnar Inter DiscipJine Check 8 $60 $780
Element/lC -B¢d Phase Support Se[vices
Task 9C 1: Respond to Bidder's Questions 2 8 2 $1,150
Task/lC.2; Prepare Addenda 2 6 2 2 4 $150 $1,470
Task llC.3: PrebJd Conference 6 6 $110 $1,400
Task IIC4: Bid Opening/Review 4 4 $110 $970
Phase II Total (hours) 158 490 8 28 10 44 472 312 322 156 $171,000
B&O Tax at 2.5% $4,275
Total Phase II Fee Estimate $175,275
EXHIBIT C
Bremerton Corrosion Control Facility: Phase III Manhour Estimate
Project Project QA/QC Senior Resident Assoc, Senior Designer
Task Description Manager Engineer Coordinator Engineer Professional Professional Designer Drafter Admin. ODCs TOTAl
Phase III - Services During Construction
Element IliA - Office Services Dunng Construction
Task IlIA.l: Pre-Con Meeting 2 8 $100 $1,070
Task ILIA2; Submittals 4 16 40 6 $900 $5,620
Task ILIA3: RFCs 16 8 $500 $2,130
TasklllA4: Change Orders 4 8 4 4 $500 $2,250
Task~llA.5: Progress Pay ESL
Task ~lIA 6: Meetings & Site Visits 48 $450 $4,770
Task II~A.7: Finallnspection 4 12 $750 $2,330
Task IliA 8: Record Drawings 4 4 20 $750 $2,630
Element IlIB - Field Services Dudng Construction
Task IIBA: Field Inspection 120 $2,200 $13,000
Element IliB - O&M Manual, Starfup Assistance, and Train~n(
TasklllC.l: O&M Manuals 4 16 16 8 8 $750 $4,720
Task lllC.2: Startup Plan and Assistance 4 16 8 2 4 $450 $3,290
TasklllC 3: Full-Scale Training 4 24 $850 $3,510
Phase III Total (hours) 26 152 0 120 40 42 8 40 18 $45,350
B&O Tax at 2.5% $1,134
Total Phase iii Fee Estimate $46,484
AGENDA BILL
BREMERTON CITY COUNCIL
1 SUBJECT: CONTRACT with Kitsap County
to Provide Financing for improvements to the Admiral Theater
FOR AGENDA OF: October 9, 1996
ORIGINATING U EPT:-k4~(~'r-'~ '
ORIGINATOR: RTR~a
DATE SUBMITTED: dc-t. ~,-1-996
2. CLEARANCES~' Comment of back if necessary)
Attorney
Dir Admin Ser.-~ ~'",f'~O ( Oj~'}
3. EXHIBITS:
Letter from Kitsap County
Proposed Loan Agreement
Council Comm. STUDY SESSION MARCH 18
ENDORSEMENTS ~< INFORMATION
APPROVED BY COUNCIL PRESIDENT FOR SUBMITTA
COUNCIL PRESIDENT
4, SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Work is currently underway on the renovation of the City's Admiral Theater Building. A significant portion of the funding
for this renovation will be provided through a Section 108 Loan from the U. S. HUD. Funds are needed on a short-term
basis to provide for construction costs pending receipt of the 108 Loan. The County is offering to provide the necessary
short term financing in the form of a loan with repayment to be made from the proceeds of the 108 Loan upon its receipt.
8. RECOMMENDATION:
Motion to approve the proposed loan contract with Kitsap County.
Motion to approve Budget Adjustment Request No 96-27.
9. RESPONSIBLE OFFICIAL:Treasurer
ENFORCEMENT OFFICIAL: M~ayor
EXPIRATION DATE: N/A
REVIEW DATE: March 1, 1997
PULLED
COUNCIL DIRECTIVE:
TABLED
10. NOTICE OFACTION
APPROVED DISAPPROVED
11. AGENDA BILL NO:
2. CLEARANCE COMME~_Sj
5. IMPACT ON NON-PASSAGE:
The City will seek to provide short term financing for this project from another source or construction work will be
suspended pending receipt of funds from U. S. HUD.
6. IMPACT ON STAFFING, BUDGETS, FAC_LL_IZ!.E_S,_EQUIpMENT OR OTH_ER_ ._RE_S_O_U_R_CES:
As presented in the attachments.
The contract with the Teamsters represented employees will be amended by a letter of understanding. The union has
agreed to the wage grades reflected in this agenda bill.
7. RESEARCH SOURCES:
Requesting Department:
CITY OF BREMERTON
BUDGET ADJUSTMENT REQ~U__EST
GENERAL FUND, GENERAL MISC.
No. 96-27
SOURCE OF FUNDS:
Description Amount
RECEIPT OF LOAN:
Loan from Kitsap County 750,000
REPAYMENT OF LOAN:
Loan from HUD
USE OF FUNDS:
p_e~_cription Amount
Payment to Admiral Theater Fdn. 750,000
759,200 ';Payment to Kitsap Co. 750,000
Interest and Fees 9,200
NARRATIVE:
This adjustment will provide budgetary capacity for the receipt and repayment of a loan from Kitsap County
for the renovation of the Admiral Theater.
Department Head Signature
Treasurer Comments:
Date
Director Signature Date
L~'~Recommended
Mayor Comments:
b~ Not Recommended ..... ~(~) L~'_
Trea_~urer's Sfgnat u r _"e-~7~.' Date
Recommended ~ Not Recommended
Approved I ..... ] Denied
Fiscal & Budget Committee Comments:
~ayor'~ ~i~natur~ Date
Recommended
Approved
Not Recommended
Denied
Fiscal & Budget Committee Signat~J~ E)a(e
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT:
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
2. CL~AP~NCES: (comment on back
if necessary)
3. EXHIBITS:
MAYOR COUNCIL PRESIDENT~~
4. SUMMARY STATEMENT A~ND REOUIREMENT FOR COUNCIL ACTION:
8. RECOMMENDATION:
RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE:
A3~ENDED
11~ AGENDA BILL NO:__
KITSAP 'COUNTY
DEPARTMENT OF ADMINISTRATIVE SERVICES
614 Division Street, MS-7 · Port Orchard, Washington 98366 · (360)876-7150
Deborah Cone Broughton
Director
William D. Nogle, CPA
Assistant Director
October 1, 1996
Mayor Lynn Horton
The City of Bremerton
239 4th Street
Bremerton, WA 98337
Dear Mayor Horton:
Enclosed are five originals of the loan agreement between the County and the City lbr the Admiral
Theater Foundation. State law allows the County to loan money to another municipal corporation
but not to a private foundation. The City has statutory authority (RCW 35.21.395) to make
expenditures for historic preservation. This agreement provides for interest at 5.4%, roughly the
return that the County is now realizing on investments, plus $750 to reimburse the County for
legal costs incurred. The County must use the Real Estate Excise Tax to make this loan because
the County does not have sufficient cash in any other fund. Also, we will need notice of draws
two weeks in advance. This will allow us to liquidate investments and process the loan draws
through our normal voucher process.
Please sign and return all copies. Once signed by the Board, I will send an original to you. My
intent is to have the Board approve this on October 7. Thank you.
Very truly yours,
William D. Nogle, CPA(--'/~
Assistant Director
LOAN AGREEMENT
THIS LOAN AGREEMENT is dated as of October 1, 1996 and is between Kitsap
County, Washington (the "County'") and the City ofBremerton, Washin=oton (the "City")
WITNESS ETH:
The City owns the historic Admiral Theatre (the "Theatre") and has contracted with The
Admiral Theatre Foundation (the "Foundation") to renovate and operate the Theatre on its behalt~
The County has applied to the United State Department of Housing and Urban Development
("HUD") for a loan guarantee pursuant to Section 108 of the Housing and Community
Development Act of 1974, as amended, 42 U.S.C. S5308 (the "108 Loan"). The proceeds of the
108 Loan will be used by the Foundation to make capital improvements to the Theatte Pending
the closing of the 108 Loan, funds are needed to maintain the construction schedule ;vith respect
to the Theatre renovations. The City has asked the County to loan the City an amount not to
exceed $750,000 pursuant to RCW 36.64.070 so that the City will be able to spend such amounts
pursuant to RCW 35.21395 to continue renovation of the Theatre. Upon closing of the 108
Loan, the City intends to be reimbursed tbr its expenditures on behalf of the Theatre from the
Foundation. The City intends to repay this loan to the County fi'om the fimds reimbursed to it by
the Foundation plus interest at ~ t//°,/o per annum, plus costs of $750.00 and will forthwith upon
closing of the 108 loan transfer or cause to be transferred such amounts to the County in
repayment of the loan
Section 1. CQuntv_Agreements. The County hereby agrees to loan to the City an
amount not to exceed $750,000 for the purpose of enabling the City to finance certain capital
costs of renovating the Theatre pending closing of the 108 Loan. The County agrees to advance
funds to the City in installments, at such times and in amounts as determined by the City, upon
two weeks advance notice to the County by the City The County shall wire such funds to an
account designated by the City upon execution of this Loan Agreement. The County will
continue to use its best efforts to close the 108 Loan with the Foundation. As a condition
closing the 108 Loan and with the consent of the Foundation, the Cotinty will arrange for a
transfer of the Repayment Amount (as defined below) with respect to the loan evidenced hereby'
(the "Bridge Loan") to the County' in repayment of the City's obligation under the Bridge Loan
Section 2. City Aareements. The City agrees to accept the Bridge Loan under the
terms set forth above and to repay the County the total amount loaned plus interest at .... % per
annum (based on a 365/366 day year) plus costs of $750.00 (together, the "Repayment Amount").
Such repayment shall take place upon closing of the 108 Loan through a transfer of proceeds of
the 108 Loan, with the consent of the Foundation, directly to the County in satisfaction of the
City's obligation hereunder. In the event the ! 08 Loan does not close prior to March I. 1997 or
the Foundation does not consent to transferring the Repayment Amount to the County on behalf
of the City at closing of the 108 Loan, then the City shall become obligated to pay the Repayment
Amount from its general funds and revenues on or before March /, 1997
Executed this day of , 1996
KITSAP COUNTY, WASHINGTON
By
Chairperson
Commissioner
Commissioner
CITY OF BREMERTON
By
Mayor
-2- j
JAROR9DOC
AGENDA BILL
BREMERTON CITY COUNCIl.
l. SUBJECT: Public Heariug FOR AGENDA OF: October 9, 1996
Resolution #,.75-&._~ , regarding recovery of fees for ORIGINATING DEPT: Building Dept.
the abatement of the property located at 1510 Snyder ORIGINATOR: Donald Pratt ~
Avenue, Bremerton DATE SUBMITTED:
2. CLEARANCES: (Comment on back if 3. EXHIBITS:
necessary)
1. Resolution # ~-~5(ox3
City Clerk:~ ~-- ~ ex_ (. ~2,~.~¥.~<.¢~-1 2. Clerk Report
City Attorney:
City Treashre~ ~------~.~_~
ENDORSEMENT ~ INFORMATION __ APPROVED BY COUNCIL PRESIDENT FOR
SUBMITTAL: _.~.
MAYOR q:~ ;~-7~ COUNCiL PRESiDENT (-_~ C~ ~-~>~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
On August 13, 1996, the City posted a Notice and Order to Abate Unsafe Condition and a Notice
to Vacate on the apartment complex located at 1510 Snyder Avenue, owned by the Wardick Company,
due to dangerous conditions discovered there. After the residents were moved from the premises, the
Street Department boarded up the buildings to prevent entry. The cost to the abatement fund was
$1014.06. Council must now decide whether the fees are reasonable and how they should be collected.
RECOMMENDATION:
It is recommended that Council, by resolution # ~'~, ~ , order that the fees incurred for the
abatement of the property located at 1510 Snyder be collected as reasonable abatement costs, and become
a lien against the property.
9. RESPONSIBLE OFFICIAL: Don Pratt
ENFORCEMENT OFFICIAL: Don Pratt
EXPIRATION DATE: N/A
REVIEW DATE: N/A
PULLED TABLED APPROVal, DISAPPROVED AMENDED
COUNCIL~ECTIVE: D~: ~ '---- '
11. AGENDA BILL NO.:
2. CLEARANCE COMMENTS:
IMPACT OF NON-PASSAGE:
The City would forfeit the costs of this abatement.
IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
The City's revolving abatement fund would suffer the deficit of not collecting these funds.
7. RESEARCH SOURCES:
RESOLUTION
A RESOLUTION reviewing charges for the abatement of the property at
1510 Snyder Avenne and determining means of collection.
WHEREAS, the City of Bremerton incurred costs for securing the buildings located at 1510 Snyder
Avenue, Bremerton; and
WHEREAS, the Uniform Code for the Abatement of Dangerous Buildings, as adopted by the Bremerton
Municipal Code, allows the City to recoup these costs either by personal judgment against the property owner or
as a lien against the property; and
WHEREAS, the City Council is charged with determining whether the fees are just, and how they should
be collected; and has considered the report of charges filed by the Building Official and any protests or objection
filed; and
WHEREAS, the Building Official of the City of Bremerton recommends the tees be collected as a lien
against the property located at 1510 Snyder Avenue, Bremerton, now, therefore,
BE IT RESOLVED, by the City Council of the City of Bremerton:
1. That the abatement charges included in the report of the Building Official in the amount of $1,014 06
for the property located at 1510 Snyder Avenue, Bremerton, attached hereto, are just and reasonable.
2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a lien against
the property.
PASSED, by the City Council of the City of Bremerton this
1996.
day of .........
JOHN LAW
Council President
CITY OF BREMERTON · 239 4th Street · Bremerton, WA 98337
Memorandum
DATE: September 12, 1996
TO: Kathleen McCluskey, Director of Administrative
Services
FROM: Donald L. Pratt, Building Official
RE: Abatement fees for 1510 Snyder Avenue
The City. posted a Notice and Order to Abate Unsafe Condition &nd a Nodce to Vacate on the property
located at 1510 Snyder Avenue, owned by the Wardick Company on August 13, t99d. After the tenants
were moved out, the Street Department boarded up the buildings to prevent entry. The cost to the
abatement fund tot21ed $1,014.06. I have scheduJed a pubtic hear/ng before Council on October 9, 1996
to allow them to determine whether the fees are reasonable and how they should be collected.
· CelebratLng 50 Years of Freedom ·
CITY OF BREMERTON
INTERFUND TRANSFER
CFFYDEPARTMENTS ONLY
TO
DATE 09/06/96 TRANSFER
COMPLETE THIS FORM IN DUPLICATE AND RETURN TO ACCOUNTS PAYABLE
(REVENUE DEPARTMENT) (EXPENDITURE DEPARTIJENT)
DESCRIPTION TOTAL
Ch~rg~ p~ ~tached summ~y ~or. August, 1996
BLAB
Labor
Equipment
~qat e,'~al~
Total
$ 537.50
18.00
~.56
$ 1,014.06
ACCOUNT
42-349.4200
PROJECT AMOUNT
--- 1,014.06
, .3. _ DEPAR . ENT
ACCOUNT
(Sign Here)
PROJECT
EXPENDITURE DEPARTMENT SUPERVISOR
AMOUNT
Fri Sep 6, 1998 8:37 Am
City of Bremerton - Streets
Billing Details
Street Department Summary of Services for :August 1996
Date W.O. ~ Description
08/21/96 SD960087 ABATEMENT 1510 SNYDER/ BOARD U? & SECURE
COLEN COREY
SCOTT COREY
'92 GMC 1-TON P/U
TERRY DEVERY
08/22/96 SD960087 ABATEMENT 1510 $NYDER/ BOARD UP & SECURE
AARON COREY
SCOTT COREY
TERRY DEVERY
DAVID FINDLOW
RILEY THOMPSON
KITSAP LMBR - CDX, SCREWS
PAGE ~ 1
BLAB
Regular Overti~e Cost~
1.0 hr 27.50
2.0 hr 55.00
2,0 HR 18.00
2.0 hr 55,00
5.0 hr 35.00
5.0 hr ]37,50
$.0 hr 137.50
5.0 hr 35.00
2.0 hr 55,00
1.0 IN 458.56
$1,014.06