HomeMy WebLinkAbout04/19/95TAPE #1282
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
COUNCIL
APPROVED
MAY 10
APRIL 19, 1995
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#0027
The regular meeting of the City Council of the City of Bremerton
was called to order in the City Council Chambers, 239 4th Street,
Bremerton, Washington, Wednesday, April 19, 1995, at 5:30 P.M.,
with Council President Sherril Huff-Menees presiding. Council
members present were Bob Winters, A1 Colvin, Morris Dawkins, Carlos
Montgomery, John Law, Richard Neville, David Farr and Lon Overson.
Also present were City Attorney Ian Sievers and City Clerk Kathy
McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Huff-Menees and Invocation given by Pastor Ron Anderson
of Manette Community Church.
CONSENT AGENDA
A. Minutes of Meeting - March 29, 1995
#AB95-081
M/S/C/U(Neville/Dawkins) to approve Consent Agenda as presented.
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required
by RCW 42.24.080, and those expense reimbursement claims certified
as required by RCW 42.24.090, have been recorded on a listing that
had been made available to the Council.
M/S/C/U(Colvin/Montgomery) on April 19, 1995, the Council does
approve for payment those vouchers included and further described
as follows: 183917 through 184053 in the amount of $149,037.23; and
Regular Payroll for the period ending April 15, 1995, in the amount
of $564,715.34.
COUNCIL MEMBER REPORTS
Mr. Overson reported on Monday evening he attended an interesting
meeting on growth management and was not sure where it stands
following recent Legislature votes.
Mr. Law thanked those who attended the District #3 monthly meeting
on Tuesday evening, and appreciated their input so he can be sure
he is representing the people in the District and the City. He
asked the City Attorney to comment on passage of Initiate 164 and
the affect it will have on the City of Bremerton? Ian Sievers,
City Attorney, referenced the recent Resolution passed by the City
Council supporting the vote of the public to determine if there was
a threat of public policy , however this legislation clearly did
implement that action. The main problem with the legislation that
was passed is its vagueness even in its simplicity that it will
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engender endless litigation in defining its limits and terms. And,
this legislation is much more expensive, not only to pay for any
regulation that impacts private property short of controlling a
nuisance, but even apart from that direct payment to landowners in
passing our regulations there is insufficiencies in the process.
For example, now you will have to do an economic impact statement
similar to an environmental statement, but there are no exceptions
for minor impacts from regulations written into the legislation,
like there is in SEPA, and there is no mitigated DNS or categorical
exemptions. It will entail a lengthy process and 30-day comment
period for every regulation no matter how insignificant an impact
on private property. Another problem with the legislation is that
it was passed without consideration of its conflicts with other
State legislation. It directly conflicts with all of the Building,
Fire and other Safety Codes that are mandated by the State, and it
directly conflicts with the Shorelines Management Act. As Mr.
Overson stated, it probably directly conflicts with the Growth
Management Act and even SEPA itself, which has some substantive
provisions to control uses of land. He views it as a little bit of
a quandary/mess and does not believe it is to the advantage of the
public sector. There was a strong letter of opposition to that
legislation written by the Executive Committee of the State Bar
Association (Environmental/Land Use Section), which he is a member
along with a number of public sector attorneys and private sector
developer attorneys. He acknowledged the efforts to collect enough
signature from the public to get the issue placed on the Ballot,
but if that fails, it will be necessary to do a more refined
assessment of where the City stands with various codes.
Mr. Montgomery announced Districts #6, #7, #8 will hold a combined
District meeting on May 4, 1995, 7:00 P.M., at the Bremerton School
District Office/Montgomery Avenue. The program for that meeting
will be "District Residents' Concerns".
Mr. Dawkins stated he was appalled over the bombing of a Federal
Building in Oklahoma City and the loss of so many lives.
Mr. Colvin reported he also attended the Monday evening meeting on
growth management. He did not hear any speakers, at that meeting,
say they were thrilled over the City suing the County and the
County suing the City...wasting taxpayers money.
Mr. Winters reported he visited the new office of the USS Missouri
Commemorative Committee, located on 4th Street. He hopes the
community will volunteer and pull together for activities scheduled
for the 50th Anniversary of the ending of WWII in September.
Mrs. Huff-Menees thanked Kitsap Mental Health Agency for their
hosted lunch and tour of their facility this week. She was truly
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impressed with how much Kitsap Mental Health had grown and the high
level services they provide for the community.
MAYOR'8 REPORT
Mayor Lynn Horton reported on Tuesday she attended the opening of
the Electronic Communications Regional Center, located in the old
Hearthstone Restaurant building. She encouraged the public to tour
that facility, which she found to be most impressive. One of the
functions of this group is to help businesses and other
governmental entities get on the Information Highway. Also
available is computer technology to develop designs, products,
etc., as well as have the capability to scan information directly
into computers.
Mayor Horton reminded everyone of the Earthquake Drill scheduled
for April 26th. As part of that drill, City Hall will be closed
from 9:00AMto 10:00 A.M., and everyone will be evacuated from the
building during that closure.
Mayor Horton reported she spent Monday and Tuesday, along with
several of her Department Heads, managers and some employees, in
Labor Management Training. She found this training to be very good
in that it opened lines of communication and showed ways to deal
with inherent conflicts in labor management. Later on, additional
training will be provided for all remaining employees and City
Council members.
PUBLIC RECOGNITION
Rachel Ketchum, 4321 West "C" Street, stated she was opposed to the
City taking action to condemn properties near the sewer treatment
plant. She has lived in that location since 1959, and invested all
her assets into home improvements. She is widowed, disabled and
a senior citizen and she cannot start all over again, if her
property is condemned by the City. Due to her disability, she
cannot work to bring in additional income. She stressed it is not
the resident's fault that the sewer treatment plant has a problem
with odor - that is the City's problem. She did not feel they
should have to suffer more than they have already have from the
condition of that area due to the odor problem. It concerned her
that people are more concerned about the "spotted owl" than they
are about one another. Legislators are fighting over the
protection of the spotted owl, but no one is fighting to make sure
people's homes are not taken away. She has many memories of her
husband within her home, which she does not want to give up. She
urged the Council and Mayor to think about what she is saying.
Don Larson, President Washington Scuba Alliance, reminded everyone
of upcoming Sinclair Inlet Clean Up and Marine Fair on Saturday,
April 22, 2:00 P.M.
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7A - PROFESSIONAL SERVICES AGREEMENT TELEMETRY UPGRADE --
WASTEWATER TREATMENT PLANT AND PUMP STATIONS, #AB95-082
Wastewater Pump Station CE-1, located at the end of Park Avenue,
has a programmable logic controller (computer) system that controls
all pumping and alarm functions. This system has experienced
numerous failures resulting in wastewater overflows to the Port
Washington Narrows. Replacement of the existing computer and
software system is needed. This task is complementary to the 1994
Water and Wastewater Instrumentation and Controls Report prepared
Technical Systems Incorporated (TSI).
This task is included in the Wastewater Utility's 1995 Capital
Budget.
The professional services agreement provides for the design,
purchase, and installation at a cost of approximately $22,452,
including sales tax.
John Poppe, Wastewater Manager, stated he would standby for any
questions Council might have.
Public comment - none.
Mr. Overson asked if the $22,452 will solve the identified
problems? Mr. Poppe stated it will eliminate the potential we have
right now. The instrumentation and control package is antiquated
at best and causing difficulties in finding replacement parts; and
the hardware does not support what is really happening in the
station. This proposal will reduce the potential of overflows or
problems later on. Mr. Overson asked if this proposal came with
any kind of warranty on a long-term reliability factor? Mr. Poppe
stated yes, the warranty period is one year on the software itself
and two years on the hardware. He emphasized this product is an
industrial type application that has proven successful in other
cities and is a typical installation for this type of pump station.
Mr. Overson noted two years is not a long time and asked how long
Mr. Poppe thought it would last? Mr. Poppe stated the actually
package should last the City another 10 years.
Mr. Colvin asked the City Attorney what recourse the City had if
the proposed equipment failed? Ian Sievers, City Attorney, stated
the City would enforce the warranty or guarantee if it fell within
that time frame, and would expect the item be replaced at no charge
to the City. Mr. Colvin asked if the company supplying the product
was financially reliable? Mr. Poppe explained the supplier is a
large corporation that has been in the Puget Sound area for at
least 30 years, and is well respected.
Mr. Farr stated he assumed the subject firm has already conducted
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an extensive site check and, at the price quoted, includes taking
the plant from its current condition, installing equipment and
testing to make sure it is completely operational. He questioned
if the possibility existed that other equipment within the pump
station might be incompatible and require further upgrading, or has
all that been factored in by site visits? Mr. PODDe stated that
has already been factored in by site visits and some modifications
were made prior to the item coming before Council. In the fall of
1994, the supplier physically inspected the station and disclosed
that they had actually installed some of the original equipment/
hardware in the mid 1980's, so they are very familiar with the site
and past drawing. He does not foresee change orders because of
"unknown" conditions popping up.
Mr. Neville questioned if he understood correctly that the pump
stations are check weekly? Mr. Poppe stated such inspections are
conducted two times per week. Mr. Neville asked if was correct
that if a circuit fails for some reason and there is an overflow
into the Narrows, the City could be charged with a $10,000 per day
fine? Mr. Poppe stated if you know that you don't have the proper
equipment and corrections are not made to upgrade or improve the
situation, and it is negligence through no action at all, then
such a fine can be levied. He emphasized in this instance the City
is taking proactive measures to correct a situation that is not
getting better due to unavailability of parts.
Mr. Dawkins asked if the subject pump station was located at the
north end of Park Avenue? Mr. Poppe stated yes. Mr. Dawkins asked
if the proposed improvements would help the sewer odor problem that
occurs near the entrance to Evergreen Park? Mr. Poppe stated not
on this particular project. The upgrades to the sewer system that
will be undertaken this summer and fall will deal specifically with
that issue. All of the controls and alarm systems on the new odor
control devices have been set up to tie into this telemetry control
system.
M/S/C/U(Montgomery/Winters) to approve the professional services
agreement with Technical Systems Incorporated of Lynnwood,
Washington, in the amount of $22,452, and authorize the Mayor to
execute the same, subject to City Administrative Policies and
Procedures.
7B - CONTRACT FOR PROSECUTION SERVICES, #AB95-083
Proposals were received in response to the Legal Department's
request for proposals for prosecution services. Two bids were
within a range that made contracting cost effective, and these
firms were interviewed by a selection panel.
It is recommended that the bid proposal submitted by the Kitsap
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County Prosecuting Attorney be accepted for a two year contract
beginning at an annual rate of $124,732.25 adjusted for actual
labor increases in calendar years 1996 and 1997, and with an
initial start-up computer acquisition of $8,300.00. This bid
represents economies of scale and depth of resources, including
networking to a county-wide criminal history database, and is the
best overall value for the City's criminal justice program.
Ian Sievers, City Attorney, reviewed the selection process on this
part of the litigation services: A request for qualifications was
issued and several law firms responded to the City's demand for
Prosecution services. The Mayor and several Department Heads
reviewed the Applications of Qualifications and narrowed the list
down, but still ended up with seven firms. Those seven firms were
then asked to submit bids for Prosecuting services for the City,
and as a part of that process a pre-bid submittal meeting was held
with the prospective candidates to discuss the City's expectations
under the contract and answer any questions the bidders might have
about what was expected. The bidders then submitted fixed cost
bids, which was requested because of the volume of work rather than
an hourly rate. Seven firms responded with bids, which were again
reviewed with their depth of qualifications, and the lowest two
bidders were run by an interview panel comprised of himself,
Kathleen McCluskey for the Court, Mayor Horton, Police Chief Du
Fresne, Captain Hatfield and Councilman John Law. The interview
panel's recommendation to Council is to enter into an Interlocal
Agreement with Kitsap County for Prosecution services and support
of the City's Police force.
In reference to the newspaper article that came out earlier this
week, Travis Baker, reporter for The Sun, had not had the
opportunity to check the story with him due to Mr. Sievers being at
the pre-hearing conference on the Growth Management Appeal. There
was some discussion in the bid by the Prosecutor of some disparity
figures on dismissal rate. That was reviewed when the bids were
reviewed and it was quite clear he was setting up a percentage of
two numbers that were not the same. The City Attorney's Department
statistics track cases that come in, contested cases, Jury trials,
Bench trials as the best indicator of volume that his department
has to deal with. When it comes to dismissals, they address each
count and decide how it is dealt with, either dismissed or maybe
dismissed in conjunction with a guilty plea on another count.
However, the point is each case or each Jury trial or Bench trial
quite often has more than one count. They went through and tried
to bolster the number of Jury trials and contested cases and felt
their percentage of counts compared to the total counts that came
in were closer to 22% for 1994.
Another interesting factor in the proposal from the County is the
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Officer review for charging and attorney review before charges are
issued on non-traffic criminal cases. Over the years in his
department, they have narrowed the kinds of review to about six and
all others are charged by the officer, but it becomes a contested
case and a charge before it comes to their office and typically
they review those with an attorney perspective as to whether or not
they can prove guilty beyond a reasonable doubt. Hopefully, most
of their dismissals come at that earlier point. Some things that
appear as dismissals in the City's system would never have been
charged in the first place in the County's system. The County is
willing to adopt that system for the City's prosecution program.
He felt the City's process was preferable because it was an
apparent savings in resources, however, if the County is willing to
provide that service at the quoted price, he felt it was a "good
deal".
Russell Hauge, Kitsap County Prosecutor, stated he did not have any
prepared comments other than the arguments he made in the County's
bid proposal package. He would standby for any questions.
Mr. Farr asked what kind of system would be used in assigning
individual attorneys to handle cases relating to Bremerton? Also,
would the City receive assurance that they would be getting
attorneys at a level of experience that would assure us of the best
results? Mr. Hauge stated the Bremerton Municipal Court
prosecution will be run as an adjunct of the Prosecution services
they provide Kitsap County. Management of that case load would come
through the system he now has in place, which was implemented in
January of 1995. His office has been divided into two divisions to
deal with criminal cases in Kitsap County - Case Management
Division functions as a charging unit and the discovery unit, if
the Case Management officers' or lawyers' obligation extends to
taking a guilty plea. If the defendant does not want to take a
guilty plea, then generally they have an avenue to amend the charge
upwards and turn it over to the Trial Division for trial. In the
Courts of Limited Jurisdiction, which would include Kitsap County
District Courts and Bremerton's Municipal Court, the administration
of this program is handled by Jeff Jahns, who is a senior Deputy
Prosecutor and brings with him 15 years of experience in Courts Of
Limited Jurisdiction, Court of Appeals and General jurisdiction.
He is the supervisor for this unit and would be supervising four
people, one of which would be Matt Clucas, however, most of the
assignments would be handled by Mr. Jahns himself. He assured
Council the City's Prosecution services will be treated just as
they treat the cases in Kitsap County. They have made a commitment
to detail a senior person to "bird dog" these cases, which is
different than what took place in the Prosecutors Office prior to
January 1995.
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Mr. Law stated having sat in on the selection process, he felt very
positive about the County's commitment to have "specialist" handle
cases, such as drunk driving. He asked Mr. Hauge to explain the
systems that will be linked between the City and the County
Prosecutor's office? Mr. Hauge explained Kitsap County has a
computer system - Law And Justice System, which serves the needs of
the County Sheriff's department, District Court, Superior Court and
the Prosecutor's Office. All cases handled by the Prosecutors
Office are logged into this system and are available for "look up"
to see how many charges a particular person has faced in Kitsap
County when they start to deal with them. The major reason he is
interested in committing his office to Bremerton, is so they can
take 4,000+ cases that come through the Bremerton Municipal Court
and. add them to that database. As of January of 1995, they have
shared this information with the Sheriff's office and found the
Prosecutor's office is the only central repository for this kind of
criminal justice information in Kitsap County. They have database
information for all felonies and by adding Bremerton's Municipal
Court prosecution database they will know about more criminal
activity and be able to share that information with the Bremerton
Police Department as well. Mr. Law stated it appears there will be
less of a problem of conflict for the public. Also, he understands
there will be an attorney available 24-hours a day on a
consultation basis in the event a patrolman or Police Sergeant
needs to seek legal advice. Mr. Hauqe stated Mr. Law was correct
and that service exists now if an officer is making a felony arrest
through the Prosecuting Attorney's Office. That service will be
extended for any contacts that look like a misdemeanor from the
outset. Mr. Law noted there is a caveat that this agreement can be
terminated with four months notice. Mr. Hauge stated he
understands that is part of the contract.
Mr. Overson stated in seeking some determinate of quality of
service he asked Mr. Hauge if he had a measure of effectiveness for
his office that would indicate a success factor? Mr. Hauge stated
that is being developed and it is his position that you cannot look
at a one-loss record to determine how efficient or successful
you've been. As of January of 1995, a database was started that
can be measured on several different parameters, in particular, he
is interested in whether cases are being charged appropriately and
the measure of that is when they charge a case are they obtaining
a plea of guilty to that charge? Or, if they end up taking a case
to trial, are they getting a conviction on that charge or a more
serious charge? If they are doing their job right, they should be
able to answer "yes" to both of those questions. 'His intent is to
make this database available to the public. Mr. Overson asked
Police Chief Du Fresne if he could work compatibly with the County
Prosecuting Office? Chief Du Fresne stated yes, and they have
already reviewed their documents for charging and their standards
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as they relate to felony cases. Those same documents and
qualifications now apply to misdemeanor cases and he felt that
degree of continuity will be beneficial. At the time the whole
process of contracting out services got underway, input was
requested from City Patrol Officers. One of the concerns raised by
the Patrol Officers was the issue of on-line available support and
a joint database. He noted those two needs will be very adequately
provided as part of this contract. The Patrol Officers appreciated
being asked about the kind of support they would like since they
are closest to the work. ME. Overson asked Chief Du Fresne if felt
the "link" with the database information would also be beneficial?
Chief Du Fresne stated he agreed with Mr. Hauge's comments about
having additional information in the database. Now, it is a matter
of .checking a number of different databases before having the
complete history on a misdemeanor and with the proposed linkup that
will be reduced to one step.
Mr. Fare asked if the database information and linkups to the Law
And Justice system are available to the City only under the
Prosecution services contract? Chef Du Frense stated he believed
they might have been available, but there may have been the need to
negotiate another kind of agreement to gain access to them.
Mr. Colvin asked Mr. Hauge if the attorneys assigned to the City's
work would be located in Bremerton? Mr. Hauge stated most days of
the week they would be working out of the City's Attorney's office.
One attorney will be working on processing the cases and another
attorney will be handling the case before the Court. How many
attorneys on how many days will depend on how the schedule is
worked out with the Court. He also intends to have a staff person
in Bremerton every day, at least at the beginning, until they get
a handle on the workload. Chief Du Frense stated another aspect of
this contract that appealed to the Police Department, particularly
to his managers, is the chance to have the breadth of expertise in
their department to do in-service training on misdemeanor issues
with the City's Police Officers. He stressed the importance of
improving miss-communications and conflict with citizens over
mishandled misdemeanors. Another added benefit of this contract is
having good and consistent guidance from people with expertise in
such things as DUI offenses, domestic violence and conflicts
between citizens. He noted the other firms interviewed had very
high qualities, however, they did not have a 28-person staff with
this variety of experiences.
Mr. Fare asked what screen out factor was used to narrow the number
of firms making the interview process? ME. Sievers stated the
monetary concern was important and the Agenda Bill was slightly
incorrect in that the $124,000 includes the start-up computer costs
and the City will look to negotiate that in-house rather than pay
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the County to install the equipment. Above that figure, the next
bid would be talking a substantial amount of money over the cost
that the City would be able to fund it in-house, which was one of
the criteria set out to keep the cost of those services within the
realm of what it costs in-house. On the issue of information
sharing, he sees this as a good example of regional services and
some of the depth of expertise that is inherent in a large County
Prosecutor's Office where they have a career ladder and can retain
expertise verses the City's salary scale where people turn over
every year or two on the average. He was pleased that the two
firms that came in at the low end were some of the best qualified
firms. Kelley Rhinehart was the other firm and he had past
experience serving as the City's prosecutor as well as a defense
attorney for conflict cases and was very familiar with the City's
court system and Police Department. Mr. Farr asked if Mr. Sievers
would have any coordinating function or input under the Prosecution
contact? Mr. Sievers stated yes, it is still a contract with the
City. The Supreme Court stipulated that the City's interest in
prosecution or decisions on what things to prosecute or when to
dismiss cases have to do with the strength of the case, but also
things like the deterrent value and the budget allocated and the
jurisdictions own enforcement priorities. That point was brought
out to both of the firms interviewed and the City does have some
different emphasis on City enforcement. The City does have some
ordinances that are unique and some of the City's offenses are not
state-wide offenses that are unique to urban densities. Mr. Hauge
has indicated he is willing to take direction on enforcement
programs that are important for the City. He foresees having
ongoing contact with Jeff through weekly meetings.
M/S/C(Dawkins/Colvin) to approve execution of an interlocal
agreement with Kitsap County for prosecution services consistent
with the City's Request for Proposals and the County's proposal.
Vote on motion:
Motion carried.
In Favor:
Abstain:
Law, Huff-Menees, Montgomery, Dawkins,
Colvin, Winters
Overson, Neville, Farr
10A - PUBLIC HEARING ON LOCAL GOVERNMENT REDISTRICTING, #AB95-086
By State law, the City is required to periodically redistrict based
upon population information from the most recent federal census.
The last redistricting effort was in 1985. Due to population
fluctuation between districts, annexations and military personnel
impacts, the percent deviation between districts'has increased to
a level where redistricting is necessary.
In order to maintain the integrity of the redistricting process, an
outside consultant has been hired. The Central Puget Sound
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Economic Development District will perform the task in an objective
fashion taking into consideration the following:
5;
6.
Potential annexation growth areas, including Rocky Point
The effect of Military Home-porting
Each District shall be as nearly equal in population as
possible to each and every other District
Each District shall be as compact as possible
Each District shall consist of geographically contiguous areas
Population data may not be used for purposes of favoring or
disfavoring any racial group or political party
To the extent possible, the District boundaries shall coincide
with existing recognized natural boundaries and shall, to the
extent possible, preserve existing communities of related and
mutual interest
We are required to hold at least one hearing before adoption of the
plan, and there is a forty-five day appeal period.
The schedule is as follows:
April 19, 1995
April 26, 1995
May 3, 1995
June 18, 1995
Public Hearing
First Reading of Ordinance and Public Hearing
Second Reading of Ordinance
End of 45 day appeal
The County must update their voter records prior to the first day
for candidates to file for office which is July 24, 1995.
Mr. Law expressed his concern that the public did not have an
opportunity to view the new maps showing the redistricting due to
their only arriving late Tuesday afternoon. He asked that a second
Public Hearing, on the proposed redistricting, be scheduled in
order to give the public ample time to review the recommended
changes. He recommended having a second hearing on April 26 and
first reading of the ordinance on May 3,second reading of the
ordinance on May 10, with the end of the 45-day appeal on June 25.
Such a change would still meet all requirements for filing and
election dates.
Mr. Colvin asked the City Attorney to comment on Mr. Law's
suggestion. Ian Slevers, City Attorney, noted Mr. Law's concern is
having full public participation and additional public hearings,
which is appropriate if Council chooses to hold such hearings.
President Huff-Menees asked if that request needed to be in the
form of a motion? Mr. Sievers stated no, Council has the right to
set its own calendar and Agenda.
Bill Huntington, Central Puget Sound Economic Development District
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(CPSEDD), introduced the Chuck Ede, Executive Director of the
CPSEDD, and Richard Barrett of the CPSEDD. He pointed out the
redistricting was done in accordance with Washington State RCW
Title 29.70 - Redistricting Local Governments. By law, all
population data is based on the most recent U.S. Census - 1990.
Also, the districts are made up by the population count and has
nothing to do with the number of registered voters. The City's
population count is 38,570 and the average Council District
polDulation comes to 4,286. They kept the population numbers below
the average to absorb the possible annexation of Rocky Point. He
stressed districts need to be kept compact, however, it must be
developed according to population. They were challenged to see
that each district consists of geographically contiguous areas,
which they were able to achieve except for one little island. And,
whenever possible they had to see that it coincided with existing
recognized natural boundaries; and when possible to preserve
communities of related and mutual interest. Mr. Huntington noted
the main natural boundary for Bremerton is the Port Washington
Narrows and due to the large number of people in East Bremerton, it
was necessary to extend part of District #5 into the Harrison
Hospital district. The reasoning behind that change was to keep
the Manette area as an area that has the same interests and
problems. They took into consideration potential growth areas,
with the Rocky Point area the most likely to be annexed into the
City. He noted Districts #4 and #5 are the least likely to grow
due to their boundaries. In regard to the affect of military ship
movement, the U.S. Census Bureau has laid out specific laws on how
that population is followed and must be counted on Census Day,
which is April 1, 1990 and the next one being April 1, 2000. It
was noted that the City Council had the opportunity to provide
input, however, none was received.
Mr. Huntington referenced Table I - Current Districts/Populations
and Deviations and Table 2 - Proposed Districts/Populations and
Deviations. Before this redistricting took place, there was a
deviation of 52% from the top of the chart to the bottom and the
new proposal has brought that figure down to 18%, which is well
within the law. The revised figures puts District #4 with the
largest population - 4,670, which is 384 over the average
(currently the largest district is 1,012 people over the average).
District #6 will be the smallest having 403 under the average
(currently the smallest district is 1,214 under the average).
Del Knauss, Olympic Avenue, stated he felt redistricting was past
due, however, it does not go far enough. Under the Revised Code Of
Washington, the City Council could reduce the number of Council
members from nine to seven. He believed there would be great
public support for such action and there is sufficient time prior
to the election to take the necessary steps to make that happen.
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Elizabeth Bus11, High Avenue, pointed out an error on the proposed
redistricting map...the Port Washington Narrows was not shown as
"water". Mr. Huntington explained that particular area was colored
in my mistake.
Mr. Overson stated one chart he was hoping to see was a comparison
of population with voters, which he believes is a very pertinent
piece of information. He pointed out many individuals from other
p~rts of this nation vote by Absentee Ballot and will not be voters
in the City of Bremerton thereby their population may or may not
influence. Mr. Huntington explained, under the law, political
beliefs and racial groups cannot be considered when redistricting.
Mr. Overson questioned for clarification if Mr. Huntington was
saying voter registration is a political belief. Mr. Huntington
stated voter registration cannot be considered when redistricting,
it is strictly by population.
Mr. Colvin questioned for clarification if the redistricting
process involved reducing the number of Council members from nine
to seven? Mr. Huntington stated no.
Mr. Overson stated relative to Mr. Knauss's concern, it is a very
interesting point and he believed it would be legal for Council to
take such action. However, he also believed such a change was
proposed to the voters at the last election and they chose not to
downsize the City Council, therefore, he would not go over that
action.
Mr. Winters asked other than the reduction in expenses by reducing
the number of Council members, what were Mr. Knauss's reasons for
suggesting such a change? Mr. Knauss stated considering
Bremerton's population many people feel nine Council members are
too many and that it brings about times of confusion that go on
during Council deliberations. He noted what was before the public
at the election referred to by Mr. Overson was a lot more than just
changing the number of Council members. Another issue that Council
needs to look into has to do with increasing their monetary
compensation. Mr. Colvln stated many people have shared their
views with him that the Council is too large and should be reduced.
Mr. Law asked the City Attorney if reducing the number of Council
members was an option for the Council to act upon? Ian Sievers,
City Attorney, stated such action would require a Charter change.
He believed an option would be to go to a Code City and that could
be done by Resolution, subject to a referendum.' There are all
kinds of options to change the Charter and get to a smaller sized
Council. Mr. Law questioned for clarification if Mr. Sievers was
saying we would have to go to the public before Council could make
the change to seven? Mr. Sievers stated he thinks Council could do
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it by Resolution and it is subject to a mandatory waiting period so
that a Referendum can be brought forward on the ballot. Mr. Law
asked if he understood correctly that such a change could not be
made without going to a Code City? Mr. Sievers stated he believed
that to be true. If Council desires to remain a non-Code First
Class City any change to the Charter must go on the Ballot for a
vote of the people. Mr. Law noted then we're opening a lot more
than just changing the number of Council members, if such a change
is desired.
Mr. Winters stated he found it very entertaining and very important
that 42% of those in District #9 are people under the age of 18.
He has received a number of calls about sidewalks down the street
from Kitsap Lake Elementary School, now he knows the reason for
that concern.
President Huff-Menees commended Mr. Huntington for the
redistricting proposal.
Mr. Neville asked Mr. Huntington if he was allowed to obtain
information and data from the City's Planning Department for this
proposal? He noted the proposal was based on projected populations
for Districts #6, #7 and #8, and set up those districts as the only
areas to absorb future growth when in fact, according to the Growth
Management Act, the City will be doing a lot of in-filling within
the existing City Limits. Mr. Huntington explained they had to
allow for the possible annexation of Rocky Point, which is the only
place they were given instructions that such activity should
happen. The populations are not projected, but actual Census
figures from the U.S. Census Bureau. They did meet with the
Planning Department and Kitsap County to search out information.
President Huff-Menees restated for the public's benefit the issue
of Redistricting Council Districts will again be heard on April 26
(Public Hearing), May 3 (Ordinance -first reading); May 10
(Ordinance (second- reading). Mr. Law noted the end of the appeal
period will be June 25, 1995.
8A - ORDINANCE (FIRST READING) AMENDING UTILITY REGULATIONS ON
LATECOMER'S AGREEMENTS, FRONT FOOTAGE FEES, AND APPEALS, #AB95-084
The proposed ordinance adopts the State limit of 15 years for
reimbursement to developers who install utility system
improvements. The current ordinance limits reimbursement to ten
years. It is believed the longer reimbursement opportunity would
encourage development where private funding of utility main
extensions is necessary.
The ordinance also clarifies the status of properties connecting to
mains installed under a reimbursement agreement in regard to
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payment of front footage fees. The obligation to pay front footage
fees after a reimbursement agreement has expired is reinforced.
Finally, the administrative appeal for decisions regarding utility
billing was revised. Current code allows appeals to the Utility
Department on any decision, but limits further administrative
appeal to water shut off. When the stormwater rates were adopted,
Council had a concern that impervious surface assessments and other
s~ormwater billing disputes could be appealed. The amendment
extends the appeal to any utility billing dispute.
Ian Sieve:s, City Attorney, stated Mr. Sampley, Director of Public
Works and Utilities was not able to be at this meeting, therefore,
he would answer any questions Council might have on this issue. The
language changes that are shown in the text of the ordinance do
reflect the stated purpose as identified on the Agenda Bill. A
couple of latecomer issues arose recently with the latecomers'
negotiation on the extension of sewer on Werner Road and the City
agreed that a longer recoupment period would be of benefit to the
City. Some unclarity was also noticed on the fee collection scheme
when latecomer agreements were used initially to develop mains.
The appeals process is fairly straightforward and something Council
was interested in seeing, especially since the Stormwater Division
of the Utility Department, under the old appeal mechanisms, seemed
to cut off disputes on decisions relating to impervious surfaces
and stormwater.
Public comment - none
Mr. Dawkins stated having worked with builders, he is aware of lots
of things go into development and obviously the 15-year term will
make a big difference.
Mr. Farr asked if the proposed ordinance would affect the rates of
someone who owned a lot in the City for a long period of time and
had water and sewer connections in the street in front of their
property and as part of in-fill developed the lot and connected to
those services. Or, would it only affect the ones within the
previous 10 years, or now proposed 15 years, from development? Mr.
Sievers stated if the main in from of someone's property was
originally installed through a latecomers agreement and they
already have service connections, they would have paid that benefit
assessment, similar to a U.L.I.D. assessment. If it was a City
installed main, again they would have to pay their front footage
fee, but if they increased the density to their property they may
pay an increased General Facilities fee at that point.
Mr. Law referenced the reimbursement dispersal, particularly as it
related to the recent project just west of Auto Center. He did not
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see anything in the proposed document that will disperse the monies
collected from new connecting owners by the proportion of the
monies expended, i.e., initially that was to be a 50-50 split and
ended up being a 50-100 split. Where within the document does it
say the city will have the same proportionate reimbursement? Mr.
Sievers referenced Section 15.01.090, which addresses
reimbursement, and is discussed on a general basis. That section
talks about the City's 15% Administrative Fee, which is taken off
the top of collection of that reimbursement period. In general, it
talks about reimbursement to the developer. As part of the recent
sewer extension on Werner Road, the proportions were worked out by
the City and developer within the agreement. They are not
inconsistent with the powers to collect from other property owners,
which are set forth in the ordinance. The specifics on who gets
what percentage are really contained in the latecomers agreement,
which was submitted to Council. Mr. Law stated he wanted assurance
that the proportional reimbursement will not stay at the 50-50
figure and the City will be renegotiating that contract with that
particular developer. Mr. Sievers stated he believed the last
contract to come before Council, after the price increase and
adjustments to fund that project, did not reflect a 50-50
reimbursement distribution of latecomers fees, but that it was
proportional to the amount of funding put in by the City and the
Developer, so the City would be receiving the larger share. He
will provided Mr. Law a copy of that agreement at a later time.
M/S/C/U(Montgomery/Colvin) to approve ordinance on first reading,
amending utility regulations to extend the reimbursement period for
developer on system improvements and clarifying administrative
appeals from utility actions; and amending Title 15 of the
Bremerton Municipal Code.
9A - RESOLUTION NO. 2510, FOR ASSUMPTION OF ROCKY POINT WATER
DISTRICT ASSETS AND INDEBTEDNESS, #AB95-085
The proposed resolution makes a choice allowed by State law to
assume the indebtedness, along with all real and personal property,
of a water district annexed entirely into the City.
Unincorporated Rocky Point is scheduled for a May annexation
election and is currently served by the Rocky Point Water District.
This District has levied assessments to pay debt service on water
system improvement bonds in the amount of $1 million. The City
would receive these funds for use in rebuilding the water system on
Rocky Point, and under the resolution would assume the debt service
and pay from the City water fund, rather than assessing property
owners in the former district.
It has been the practice of the City in the past (e.g. Jensen Water
District and Kitsap Lake District) to dissolve water districts upon
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Page 17 of 19
annexation into the City, with assets, as well as outstanding debt
on the district's asset, assumed. Improvements to these systems
after annexation, as with other infrastructure improvements and
upgrades to the City water system, are funded after annexation from
water rates. It is proposed to continue this practice so that new
City residents on Rocky Point would enjoy the same rights and
privileges of other residents.
Rfch Hanna, City Treasurer, stated the Rocky Point Water District
currently serves the majority of the unincorporated area commonly
referred to as "Rocky Point". He noted their service area does not
entail the entire area that remains unincorporated. The voters of
that district recently authorized the issuance of an unlimited tax
General Obligation Bonds to raise approximately one million dollars
to carry out a plan of improvements to the infrastructure of the
Water District. The issue being presented to Council is the City
is stating publicly that upon assumption of the assets, debts and
excess property taxing authority that the district currently has,
the City would assume the one million dollar indebtedness and
choose not to exercise that excess taxing authority, but would meet
those debt service obligations over the life of that General Bond
issues from water rate revenue.
Public comment - none.
Mr. Colvin asked if he understood correctly that the City of
Bremerton provides water to the Rocky Point area? Mr. Hanna stated
yes, the City currently provides water, customer billing, as well
as maintenance under a contract that dates back to the 1960's.
TAPE #1283
Mr. Oolvin asked Mr. Hanna what the City grossed from that
contract? Mr. Hanna stated he did not have that information,
however, there are approximately 600 households served by the Water
District. Mr. Colvin asked if the water rates were the same for
those living in the Rocky Point area as those in the City? Mr.
Hanna stated no, they are the same as all residents of
unincorporated Kitsap County that are not part of an organized
district and are 150% of City rates.
Mr. Montgomery asked if this proposal is approved, would the rates
go down or would they stay the same? Mr. Hanna explained the water
rates would go down if the annexation ballot measures is approved.
The issue is really how we would pay off that million dollars of
outstanding General Obligation Bonds.
Mr. Law stated looking at the bond debt service the interest rates
are just about at current rate. The residents of Rocky Point will
not be hurt by having the debt service absorbed by the City. Mr.
Manna stated if those residents of that particular neighborhood
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were relieved of the obligation to absorb excess property levies to
meet that debt service they will experience a fairly significant
reduction in their property taxes over the coming years. The
amounts of the debt service are not very large, however, they are
distributed over a neighborhood that is much smaller than
incorporated Bremerton. Mr. Law stated for clarification the
rates are such that they would not adversely impact City residents.
Mr. Hanna stated Mr. Law was correct.
Mr. Farr asked if he understood correctly that the money raised by
the sale of the Bonds for the improvement of the water system have
not been spent? Mr. Hanna stated to his knowledge that is the
case, however, money for design may have been spent. Mr. Farr
stated the Resolution assumes all assets and payment of all
liabilities. He questioned if that extended to any repairs to the
system over and above the amount that was raised by the sale of
bonds? Mr. Hanna stated yes, if the City takes over the district,
including their assets, then the City would be responsible, under
the City's Comprehensive Plan, for all repairs and future
maintenance since such plans are reflected in the District's
Comprehensive Plan.
Mr. Dawklns noted he is aware of the need for repair work
considering the fact that some homes are served by a 2-inch water
line and he believed the State requirement is a 6-inch line. He
emphasized that water system needs to be updated even if they do
not annex into the City and it will be done at their expense.
Mr. Overson stated one of his primary concerns had to do with the
statement that the City assumes all liability of Rocky Point Water
District. He asked what is that liability now and in the future?
Mr. Hanna stated he reviewed the District's Water Comprehensive
Plan. The Engineer's estimate for the total expenses to bring their
system up to current standards is greater than one million dollars.
The one million dollars will cover the majority of the necessary
work, but it will not complete their entire Comprehensive Plan. In
addition, when the City has annexed other neighborhoods, whether or
not they were part of organized water district or just part of
unincorporated Kitsap County, it is very seldom that such system
are all brand new and up to current standards. He would estimate
the amount needed above the one million would be approximately one
quarter million. Mr. Sievers stated he was not sure of the amount
needed for future repairs, but he did know this money has to be
dedicated to that district and there is plenty of work that will
absorb the million dollars. He pointed out there is a 1962
Operating Agreement and the City is already subject to some
ambiguous clauses to do repairs and some level of engineering
contribution on replacement. The City tried to negotiate those
provisions and were not able to resolve them. This in a sense
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Page 19 of 19
takes care of that ambiguity, but it is already, to some degree,
the City's responsibility to do repairs and some minor
replacements. Mr. Hanna stated he suspected the balance of the work
that the District's Comprehensive Plan has identified would be
rolled into the City's own Water Utility Comprehensive Plan and
those projects would compete with all other work needing to be
done.
Mr. Colvin questioned for clarification if the City assumed all
the liability for the Water District, would it have anything to do
with the sewer system? Mr. Sievers pointed out there is no sewage
system on Rocky Point. The Water District does not have any
liability for the individual homes that have septic tanks that may
be failing, so that is not a District liability.
M/S/C/U(Overson/Montgomery) to approve Resolution No. 2510, assuming
indebtedness and assets of Rocky Point Water District upon
annexation.
Vote on motion:
Motion carried.
In Favor: Overson, Neville, Farr, Law, Huff-
Menees, Montgomery
Abstain: Dawkins, Winters, Colvin
With no further business meeting adjourned at 7:16 P.M.
City of BremertoE~
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