HomeMy WebLinkAbout10/18/95TAPE #1327
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
COUNCIL
APPROVED
NOV 8 1995
OCTOBER 18, 1995
#0044
#0060
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, October 18, 1995, at 5:30 P.M.,
with Council President Sherril Huff-Menees presiding. Council
members present were Bob Winters, A1 Colvin, Morrie Dawkins, Carlos
Montgomery, John Law, David Farr, Richard Neville, and fan Overson.
Also present were City Attorney Ian Sievers and Deputy City Clerk
Gil Johnson.
The meeting opened with the Pledge of Allegiance led by Council
President Huff-Menees and Invocation given by Pastor Rodgers of
Central Kitsap Christian Church.
CONSENT AGENDA
A. Minutes - September 27, 1995
#AB95-229
B. Bid Award Recommendation For 106 Maple Trees #AB95-230
Julius Rosso Wholesale
M/S/C/U(Neville/Farr) to approve the Consent Agenda as presented.
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required
by RCW 42.24.080, and those expense reimbursement claims certified
as required by RCW 42.24.090, have been recorded on a listing that
had been made available to the Council.
M/S/C/U(Colvin/Dawkins) on October 18, 1995, the Council does
approve for payment those vouchers included and further described
as follows: 188805 through 188976 in the amount of $712,863.55; and
Regular Payroll for the payroll period ending October 15, 1995, in
the amount of $583,566.82.
President Huff-Menees made the following announcement:
(1) The City Council will hold an Executive Session immediately
following this meeting, in the City Council Conference Room, to
discuss "Claims Review".
COUNCIL MEMBER REPORTS
Mr. Winters thanked all those who participated in the Kitsap Party
on Saturday, which was a very fine and successful event. He
congratulated all the agencies that will benefit from the over
$80,000 raised from the event. He announced the next Kitsap Lake
Neighborhood Association meeting will be October 19, 1995, at 6:30
P.M., in the Cascade Natural Gas building on Kitsap Way.
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Mr. Dawkins commented on the criticism he has heard regarding the
closures of the old Belfair Highway, but stated it is necessary for
safety reasons due to the possibility of fallen trees.
Mr. Law reported on October 17 District #3 held.a Neighborhood
Meeting and had good attendance in spite of the Mariner's playoff
game being televised. He stated the meeting was very informative
and he always learns something new, and he appreciated all who
came. He also thanked the "beat cop" and duty Sergeant for
attending the meeting and giving update reports. Many comments were
made from the public that they are seeing more policemen in their
areas than ever before, and he appreciates that.
Mr. Farr notified the public that applications for the "Christmas
in April" program are now available. To be eligible for that
program one must be a Kitsap County resident, own their home, and
have a financial need.
MAYOR'S REPORT
Mayor Hotton announced the annual Senior Center Arts & Crafts
Bazaar is scheduled for Friday, October 20, 1995, 11:00 A.M. - 5:30
P.M., and Saturday, October 21, 1995, 9:00 A.M. - 4:00 P.M., at the
Sheridan Park Community Center.
On October 13 Mayor Horton rode with a swing-shift Police Officer,
and found it was a whole lot different from the grave-yard shifts
she had ridden with previously. The swing shift ride was pretty
quiet, but nonetheless she feels the Police Officers do a very good
job. She has heard comments from the Police Officers themselves
that they feel some of the proactive things the City is involved in
have had positive affects, and they see a difference in the
streets.
PUBLIC RECOGNITION
Alex Roos, Bremerton, expressed his thanks for the presentation
made by the City, which included representatives from HUD. He felt
it was very informative, and gave the public a chance to speak with
the Mayor, Police Chief, and HUD officials about their concerns.
He would like to see this type of thing continue on a regular
basis. Also, he pointed out a recent newspaper article in The Sun
about the City of Port Orchard having a "Clean-Up Week" the week of
October 23, 1995, where they are picking up tree branches, small
yard waste, etc., free of charge, and larger items for a nominal
charge. He recommended the City of Bremerton also have this type
of activity in the near future. He further suggested that since
the parent company of Brem-Air is among the leading profit
companies in their industry, according to the Wall
Street Journal, it might behoove them to "give back to the City",
by offering their services for free.
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Mary Sump thanked everyone for the overwhelming response shown to
her and her family while she was in the hospital recovering from a
serious auto accident. She is still in awe at the generous support
shown to her by so many people from the community. Mayor Norton
commented that although Mary is making great progress, she still
has a way to go, and if she or her family need assistance, someone
will be there to help out. She also thanked her staff, and
especially Carol Heavener in the Fire Department, for putting
food/fund drive together.
Ed Pietras, Knights of Columbus, announced the 13th Annual Italian
Spaghetti Fest will be held October 29, 1995, 1:00 P.M. to 8:00
P.M., and will benefit the Olympic Peninsula Kidney Center, and
will be held in the honor of patient Donna Thornton. He encouraged
everyone to mark the date on their calendars. Tickets can be
purchased by calling 479-9210, or obtained from him personally.
Donald Larson, President of Washington Scuba Alliance & Kitsap
Diving Association, presented and read into the record a letter
from Leslie Vanigan from the Citizen Action Committee, which
thanked the City for their support in the Sinclair Inlet Citizen
Action Committee's Clean-Up and Marine Fair held September 9, 1995.
The volunteers really appreciated the help with parking, and use of
the boardwalk area. The efforts to clean up beaches could not
continue without support from the community. He then presented a
Certificate of Recognition from Aquatic World Awareness
Responsibility & Education to Mayor Lynn Horton, and thanked her
for all her help and support. Mayor Hotton stated she really
thinks the City should be thanking Mr. Larson's organization. Mr.
Larson also mentioned TCI had a program on shipwrecks for
underwater parks called "Reefs of Steel" that will be repeated
October 30, 1995, at 7:15 P.M., and he had a video tape available
showing in a little bit more detail, just what has been
accomplished for sinking ships. He also announced Kitsap Diving
Association is having a meeting October 19, 1995, at 7:00 P.M., at
the Department of Transportation Building off Highway 16 near the
Mullenix Exit, and the public is invited to attend.
Carol Atkinson, Bremerton Mainstreet Association, announced they
are working on a Christmas program which will include Santa Clause
coming to town to do the tree lighting. Details will be announced
soon.
7A - CONFIRMATION OF CIVIL SERVICE OFFICER -- VIRGINIA SCHNEIDER,
#AB95-231
An eligible register, as required by Civil Services Rules, has been
established for the position of Civil Service Officer. Pursuant to
BMC 2.49.10, the Mayor is seeking the confirmation of Ms. Virginia
A. Schneider to the position.
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Mayor Horton stated Ms. Schneider went through an assessment
center, and scored very well. She has a strong background in the
military, including work with civilians in the military setting,
and also has a strong background in personnel and industrial
relations, as well as some EEO outreach. Mayor Herton feels she
will be a good addition to the City of Bremerton staff.
M/S/C/U(Montgomery/Colvin) to confirm the appointment of Ms.
Virginia A. Schneider as Civil Service Officer.
7B - PROFESSIONAL SERVICES AGREEMENT WITH FAILURE ANALYSIS
ASSOCIATE8 FOR REMEDIATION OF PROPERTIES ASSOCIATED WITH EXPANSION
OF EVERGREEN PARK, ~AB95-232
During the construction of the outfall for the Warren Avenue CSO
Reduction Project, contaminated soils were discovered and reported
by the City to the State Department of Ecology. As a result,
Ecology put the City on its list as a "Class 5 Site", requiring
remediation of the property. Other waterfront properties
associated with the expansion of Evergreen Park previously have
been listed by Ecology, and also require remediation. Ecology is
seeking remediation of listed contiguous properties in the
Evergreen Park Expansion area as a single project. The services
provided under this agreement will assist in negotiating financial
participation and other responsibilities of property owners
included in the remediation plan. Ecology has indicated
implementation of this project would be eligible for grant
assistance. The purpose of the professional services agreement is
to determine the scope of the remediation plan and obtain agreement
among property owners, the City, and Ecology regarding the
implementation of the remediation project.
Gene Sampley, Director of Public Works & Utilities, stated this
project will be important in the process of further development of
Evergreen Park in the Comprehensive Plan developed by the City.
There are adjacent properties that will be included in the ultimate
Park Plan. The Department of Ecology is seeking remediation of
waterfront properties, in particular those which fit into a certain
classification of remediation that would be of benefit to the
public, and provide a limited exposure to any potential
contamination. The Failure Analysis Associates are familiar with
this type of activity, and the City has negotiated an agreement
with them to take the City up to the point of final design. This
agreement is before Council tonight. In addition, his department
will authorize the work in phases, so that the City will be able to
make determinations at key times during the project. The budget
associated with this approval is limited to $75,000, which will
take this up to Phase I, which is negotiating with property owners
in the area for a joint agreement and a cooperative effort. In
Phase II, they will negotiate an agreement and a scope of work for
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the final clean-up, which will be incorporated into an agreement
with the Department of Ecology. At that time, a determination will
be made whether it is in the City's best interest to proceed. He
recommends that Council approve this agreement, and added that Ian
Sievers has copies of a newly drafted agreement now that they have
completed negotiations. Ian 8levers, City Attorney, stated the
agreement has one change... an added paragraph to Section 7
"Insurance and Hold Harmless", which reflects some last minute
negotiations. This is to assure the consultant that the City will
hold the consultant harmless and indemnify the consultant, if the
City does not use his work or recommendations, or use what is
contrary to his recommendations.
Mr. Law stated he is very highly in favor of this proposal, and is
pleased the City is doing it; however, he questioned Mr. Sievers on
the last sentence, of the third paragraph, in Section 3
"Compensation", where it talks about "...said services will only be
performed, and compensated by the City after the City has directed
such performance in writing", because the contract Council is
signing for the full amount of $239,031.00, yet at this point
Council is only obligating $75,000.00. Mr. 8ievers stated there
was some discussion on that point, and it was decided that the
department wanted Council to be aware of the full project cost, and
approve that dollar amount now, with the assurance that the work
would not progress automatically past Phase II.
Mr. Overson stated that actually serves to the benefit of the City
because it establishes the probable cost of future phases at this
point and gives Council the responsiblity of identifying funding.
M/S/C/U(Overson/Montgomery) to approve the professional services
agreement with Failure Analysis Associates for professional
services for the remediation of properties associated with the
expansion of Evergreen Park and authorize the Mayor to execute the
same, subject to City Administrative Policies and Procedures.
M/S/C/U(Overson/Montgomery)
Adjustment #95-36 providing
Analysis Associates.
City Council approves the Budget
$75,000 for services of Failure
7C - TERMINATION OF CONTRACT -- BREMERTON WASTEWATER TREATMENT
PLANT OPERATIONS/METCALF & EDDY AND CITY OF BREMERTON, ~AB95-233
On June 28, 1995, the City of Bremerton notified Metcalf & Eddy
Services, Inc. (M&E), contract operator for the Bremerton
Wastewater Treatment Facility, of the termination of the Contract
Operations Agreement effective January 1, 1996. On September 27,
1995, the City Council approved the transition budget for $70,000
for the purchase of vehicles and tools, and the hiring of personnel
during this transition period necessary to prepare for City
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operation of the Wastewater Treatment Plant.
Metcalf & Eddy Services, Inc. desires to terminate the Agreement at
an earlier date, and the City has agreed with M&E to terminate the
Agreement effective midnight of November 30, 1995 instead of
December 31, 1995, as originally established.
As a result of this earlier termination date, it is necessary to
hire personnel as soon as possible to staff the Wastewater
Treatment Plant as defined in the attached Proposed 1996
Organizational Chart.
Gene Sampley, Public Works and Utilities Director, stated the
description of this item contains all the information and the
contractor has requested an earlier termination date. He urged
Council to approve the proposal as presented. He pointed out a
Budget Adjustment in the amount of $46,000 was included in order to
provide for the staffing and a Budget Summary that outlines the
previously approved $20,000 budget adjustment. All of the
necessary funds are available through the balance of funds from the
Wastewater Operating Fund and the contract balance that will not be
paid to M&E as a result of this action. He requested Budget
Adjustment 95-35 be included in Council's approval of this item.
Public comment - none.
Mr. Farr questioned if the City would have enough trained personnel
by the end of November to take on operation of the wastewater
treatment plant? Mr. Sampler stated he was confident they will
have sufficient trained personnel at the plant to act as leads for
the operation of the facility with other employees, who would
support that activity. They are in the process of establishing
Registers for each of the positions required at the first of the
year.
Mr. Farr asked if there would be a "turn over time" so that City
personnel can observe operation of the plant while it is still
under M&E's responsibility? Mr. Sampley stated it is their target
to have the personnel approved in a prior agenda item and on board
by November 16. At that time, they were looking at a six-week
transition period; however, that has now changed to a two-week
transition period.
Mr. Colvin pointed out Mr. Sampley will have 11 new employees and
questioned how many of those employees are presently aboard? Mr.
Sampley stated none. Mr. Colvin asked the time frame for getting
those employees trained to run the wastewater treatment plant? Mr.
Sampler stated he held a meeting with all of the existing plant
employees (currently working with M&E) to discuss the process of
employment with the City. Each eligible employee will have had to
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successfully pass through the Civil Service selection process. He
is confident a certain number of those personnel will be eligible
in that process; however, nothing could be guaranteed because of
the nature of that process. The City currently has personnel in
its employment that are very much aware of the operations of most
of the facility. The contractor has encouraged the City to bring
in people for training as soon as possible.
M/S/C/U(Montgomery/Colvin) to approve that the Wastewater Treatment
Plant Operations and Maintenance Agreement with Metcalf & Eddy
Services, Inc. be terminated, effective midnight of November 30,
1995. In addition, to approve the employment of personnel to staff
the treatment plant as defined in the 1996 Proposed Organizational
Chart; land to include Budget Adjust 95-35.
7D - ADJUSTMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ABEYTA &
ASSOCIATES FOR NEGOTIATING PROPERTY PURCHASES IN THE WASTEWATER
TREATMENT PLAN BUFFER ZONE, #AB95-234
The current Professional Services Agreement with Abeyta &
Associates, as shown in exhibit (1), is for an amount not to exceed
$10,000.00. Ms. Abeyta's role as negotiator for the City in the
procurement of properties in the WWTP Buffer Zone has proven
effective and beneficial, and should be continued. The proposed
amendment will continue the services of Abeyta & Associates
throughout the remaining procurement process for an estimated
amount not to exceed $35,000.00.
Gene Sampley, Public Works and Utilities Director, explained Abeyta
& Associates have been assisting the City in the acquisition of
properties since mid summer, and in his opinion doing an
outstanding job. It is the City's desire to continue that effort
regardless of Council's decision on Agenda item 8B.
Peter Myers, Oyster Bay area resident, stated he did not see the
need for an in-between person to buy up property in his
neighborhood. The residents are being offered below market value
prices. He believed the process being used by Abeyta & Associates
is to obtain property tax information from the County and then
mailing out an offer to the resident. No one from Abetya &
Associates has contacted him personally and he was only aware of
one person that had been contacted directly via a cell phone. He
did not support the City spending money for out-of-town people, who
are not familiar with Mr. Myers neighborhood or their making effort
to make in-person contacts.
Mr. Colvin asked Mr. Sievers to respond to Mr. Myers' concern from
a legal standpoint? Ian Sievers, City Attorney, stated it had to
do with the scope of work the consultant was asked to perform and
possibly Mr. Sampley could explain all of the activities being done
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for the Utilities Department. Mr. Sampley stated he believed
noticed had gone out to property owners and residents in the
subject area soliciting responses from those interested in
discussing possible real estate transactions with the City. There
is one group of property owners that are members of litigation
against the City, whose attorney requested the City deal directly
with him. Therefore, there are a selective number of individuals
that are not being contacted directly without their permission. He
was not familiar with the names of those individuals or the
consequences of that limitation at this point. The City has had
several property owners request an opportunity to discuss the real
estate issue with them.
Mr. Winters expressed concern over Mr. Myers' statement and asked
him if he had not received anything from the City, then how did he
know the City was offering the assessed value plus $2,0007 Mr.
Myers stated he had to run down that information and cited one
offer of $37,000 for a two-bedroom house with hardwood floors. Mr.
Winters stated he needed to see something in writing to be able to
accept the kind of information Mr. Myers was presenting.
David Johnson, member of the Oyster Bay Residents Council, stated
one of the reasons he was late for this meeting was due to his
receiving a telephone call from a Real Estate person from
Silverdale and they related the same information as Mr. Myers'
comment about the City's offer. He asked if the City Council
members had received copies of how this Seattle Real Estate firm is
acquiring properties. President Huff-Menees assured Mr. Johnson
that Council has been provided reports on the contacts being made
and any transactions resulting from those contacts.
Mr. Neville stated under the Scope Of Services section it indicates
a Status Report will be given weekly to Mr. Sampley. He asked if
Mr. Sampley was receiving reports and if he was satisfied with the
results? Mr. Sampler stated weekly reports have been submitted to
him, which are quite detailed as far as the scope of discussion,
number of contracts, progress made, future actions, etc.
Mr. Winters stated Mr. Sampley has given him facts and that is why
he asked Mr. Myers to provide some kind of written documentation in
support of their comments regarding this issue.
Mr. Overson stated amongst the requirements under the Scope of
Service is the development of a project file that is identified to
each property. He asked if that file will provide the facts,
figures and history relative to the actual negotiations and final
results,and if it will be open to review by City staff? Mr.
8ampley stated Mr. Overson was correct. Mr. Overson stated his
only concern was the City has taken a $10,000 contract and
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multiplied it 3 1/2 times with little or no discussion, which he
felt was a big jump. Mr. Sampley stated during early discussions,
Council indicated they felt the need to have someone independent
represent the City and make direct contact with the
residents/property owners that was in a neutral position as much as
possible. The City solicited qualified applicants for this service
and the subject firm was recommended to the City by the State
Right-Of-Way Acquisition personnel based on the fact that firm is
certified for doing this kind of work as well as being a certified
Real Estate Sales Agent and having access to the Kitsap County
Multiple Listing of properties available. Some individuals have
asked that Ms. Abeyta provide information on homes in certain price
ranges in the local area, which she attempted to do. Ms. Abeyta's
original estimate was $35,000, which covered a certain number of
contacts and activities for all the parcels in the area of concern.
An agreement was reached with her to try the process with a lessor
amount to see how things went. He believed things were going well
and he understands there are many individuals that are not pleased
with the overall program. But, in general, the bulk of the public
have been pleased with the professionalism with which Ms. Abeyta
has approached the matters and the individuals. Of those who are
unhappy with the City, they are very clear in stating they are not
happy with Ms. Abetya or appreciate her professional approach. He
feels the amount of funding being requested is consistent with the
original estimate.
President Huff-Menees stated she wanted to restate several
statements made by Mr. Sampley in a little different way since it
also speaks to a few of the issues raised by Mr. Myers. First, the
City Council did request an outside agency to make contact and
address people directly, which came as a result from comments made
by some of the public that given the sensitiveness of this issue,
the City might be better served by having someone that is objective
and someone from outside the area, who could make an objective
assessment based on the information available. Although there may
be some people here who did not want to speak with Ms. Abeyta,
there were many people who were very happy to speak with her and
will complete a successful real estate transaction. Again, it is
one of those situations where the City tried to take a course of
action that would be the most acceptable and certainly we have not
been able to please everyone, but many have been satisfied with
that course of action.
Mr. Winters referenced page 100 in the Council packet and asked Mr.
Sampley if this service would receive any commission? Mr. Sampley
explained this service is being performed strictly on a per-hour
basis, which covers all expenses incurred by the party, including
labor; therefore no commissions are involved.
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Mr. Colvin asked if the information regarding individual properties
had been provided to the owners of those properties? Mr. Sampley
stated to his knowledge all requests have been responded to. Mr.
David Johnson was recently provided information on the most recent
transactions and list of transitions and properties the City has
acquired. He knows of no matters that are not sensitive to the
litigation that currently are on going with the owners in that
area. Mr. Colvin asked the City Attorney if information relating
to each individual owner would be considered sensitive and not
provided by to the property owner? Mr. Sievers stated he was not
sure he understood Mr. Colvin's question; however, as Mr. Sampley
stated the City has received a request from a number of people
living in the subject area to not contact them directly, but
provide the information through their attorney, which is what the
City is doing. Whether or not that information is being passed on
to the individual property owner is not a known factor.
Mayor LYnn Hotton stated the aggregate of the property acquisitions
so far have been very close if not right at market value, which is
approximately 20% above the assessed valuation. Mr. Colvin re-
emphasized his concern that the market value of properties in the
subject area is not all that great and questioned how could they
overcome deficiencies when trying to relocate to another area? Mr.
Sampler stated for clarification that as of this date the City has
not had any leverage other than the ability to negotiate and every
transaction has been between seller and the City as a willing
buyer. The action Council will consider later in this meeting may
change that situation.
M/S/C/U(Montgomery/Farr) to approve an amendment to the
Professional Services Agreement between the City and Abeyta &
Associates for an amount not to exceed $35,000.00, and authorize
the Mayor to execute the same, subject to City Administrative
Policies and Procedures.
7E - PROFESSIONAL SERVICES CONTRACT WITH BONDO REMER, #AB95-235
Proposed contract is to develop advertising concept statements and
boarded layouts for a campaign theme promoting the City of
Bremerton.
Mayor Lynn Hotton reminded Council that a Study Session was held
with Bondo Remer a few months ago and the City did an initial
contract with them outlining what the City might do if embarking on
a Marketing Program. This contract is to begin development of that
marketing concept and will include several different avenues. The
subject contract and attached Budget Adjustment provide for the
component that addresses the City's Hotel/Motel Tax, which is to
promote tourism. As the City progresses along in the flushing out
of a full marketing plan for the community, she will either include
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it in the 1996 budget process or as a Budget Adjustment. An
important component that will come to Council in late 1996 or early
1997 has to do with marketing the City's new 18-hole golf course.
There is also another piece that she will address through the
General Fund and be discussed as part of the Budget process. This
is the actual development of the whole Marketing Program concept,
not just what the City might do.
Public comment - none.
M/S/C(Montgomery/Winters) to approve professional services contract
with Bondo Remer and Budget Adjustment in the amount of $10,000.00.
Vote on Motion:
In Favor: Winters, Neville, Farr, Montgomery,
Dawkins, Colvin, Huff-Menees
Abstain: Overson, Law
Motion carried.
8A - ORDINANCE NO. 4531 (SECOND READING) APPROVING THE VACATION OF
PORTIONS OF MONTGOMERY AVENUE. FARRAGUT STREET, COONTZ STREET, AND
RODGERS STREET; THE ALLEY BOUNDED BY CALLOW AVENUE, MONTGOMERY
AVENUE, FIRST STREET, AND FARRAGUT STREET; AND THE ALLEY BOUNDED BY
WYCOFF AVENUE, CALLOW AVENUE, RODGERS STREET. AND FARRAGUT STREET,
#XB95-227
l:~tblic comment - none.
M/S/C/U(Farr/Overson) to pass Ordinance No. 4531 on second reading,
approving the vacation of portions of Montgomery Avenue, Farragut
Street, Coontz Street, Rodgers Street, the alley bounded by Callow
Avenue, Montgomery Avenue, First Street, and Farragut Street, and
the alley bounded by Wycoff Avenue, Callow Avenue, Rodgers Street,
and Farragut Street.
8B - ORDINANCE (FIRST READING) AUTHORIZING CONDEMNATION OF PROPERTY
FOR ODOR BUFFER NORTH OF THE WASTEWATER TREATMENT PLANT, #AB95-236
The proposed ordinance authorizes acquisition of the remaining
properties in the area north of the City's Wastewater Treatment
Plant for odor buffer. The area is bounded by the Treatment Plant,
Oyster Bay Avenue, Highway 3, and the Werner Road interchange. The
buffer will be established by removal of residences, or suitable
encumbrances or occupancy restrictions placed on the properties;
the particular controls will be determined following construction
and performance of treatment plant improvements currently under
contract. The immediate objective will be to terminate pending
claims and prevent potential future claims from residents in the
area.
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The City will continue to negotiate purchases under procedures of
municipal code 2.78.040-070 before filing a condemnation action
against any of the parcels.
The Mayor is authorized to execute purchase agreements on any of
the parcels in lieu of condemnation.
Sandra Pool read the following letter from the Oyster Bay Council:
The Mayor appeared before the Citizens Involvement Committee to
provide information regarding the article in the Bremerton Sun
about condemnation near the sewage treatment plant. The Mayor
stated the reasons for possible condemnation are an odor buffer
zone and future expansion of the plant. She also said the City may
rent out some homes and sell other property as commercial. Mayor
Horton's concern about future lawsuits was another reason to
consider condemnation.
When she publicly proposed condemning the property near the sewage
treatment plant, the residents in the affected area joined together
to form the Oyster Bay Council. The purpose of this Council is to
protect our interests and to reach an amicable solution to the
problem. During previous meetings, the Oyster Bay Council has
found some discrepancies regarding the possible condemnation plan.
The following points outline our concerns:
1. The affected area, as we understand it, is from the sewage
treatment plant to Werner Road and East of Oyster Bay. Considering
the proximity to the plant, there are many other properties closer
than Werner Road that are not included in the condemnation.
2. New homes are being built approximately three blocks from the
plant. Why is the City allowing new homes to be built in an area
that should also be condemned?
3. A large number of the West Hills Association members do not
live in the condemnation area. This condemnation process will not
prevent future lawsuits from this association.
4. It is our understanding that there are no current plans to
expand the sewage treatment plant. This would question the need
for acquiring property at this time.
In the spirit of cooperation and our desire to find a beneficial
solution for all concerned, the Oyster Bay Council would like to
propose the following alternative solutions:
A. Wait and see if the current project will resolve the odor
problem. There are many experts who agree this is the solution.
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B. The residents are willing to discuss and consider the sale of
odor easements to the City.
We are a vital neighborhood representing a diverse cross section of
citizens, many who are on fixed or low incomes. This is more than
just a group of houses--these are our homes, and we would like to
stay here. We are reasonable people and willing to work with the
City to reach a viable solution."
Ms. Pool stated she received a copy of a list of all the properties
the City has acquired or in the process of acquiring. The City has
acquired approximately 50% of the properties in that location and
are targeting only the area east of Oyster Bay. Her home is
located 1/2 block to the west of Oyster Bay and she is affected by
the odor from the sewer treatment plant. The City has acquired
approximately 10-11 properties west of Oyster Bay and she
questioned if the City is not in the process of condemning that
area then why acquiring those properties? She does not think a
fair price has been offered. She has not been offered a price, but
she did offer a price and she made the contact with the City nor
has the firm hired by the City contacted her, except when her
neighborhood talked with Mr. Lucas. She sent in a formto the City
11/2 years ago and didn't hear anything back until this past July.
She and her fellow residents have a lot of concerns about the
City's process and what they are doing. If the City is buying
property based on assessed value as a residence and assuming you
are going to turn it into commercial, they are also being deprived
of receiving any of the benefits of selling it as a commercial
property.
Lynn Elliott, resident on West Oyster Bay, stated she is only one
of two houses in her area that is not owned by the City. On
several occasions she has brought her concerns before Council and
not want to repeat them. However, her biggest concern had to do
with what they were told at a previous Council meeting about
receiving notification when the issue of condemnation came to a
vote. The only reason that she and her other neighbors are at this
meeting is because a member of the Citizens Involvement Committee
received a letter and he notified all of the people affected. Had
he not taken the time to do that, none of them would have known
about this hearing. She does not subscribe to The Sun, she does
watch TV news, but did not feel the notification process was
handled fairly.
Lovey Nichols, 1203 Bayview Drive, stated about three years ago she
received a letter from the City's Risk Manager Peggy Lessor,
indicating she wished to speak with Ms. Nichols, which she did.
Ms. Lessor had a contract prepared ready for signature, but Ms.
Nichols had no idea what it entailed and refused to sign the
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document. At that time, Ms. Lessor did make an offer, which Ms.
Nichols refused and indicated she did not want to sell her home to
the City. Ms. Lessor stated to her that if you don't sell, we'll
condemn the property. Ms. Nichols responded with a question -
would Ms. Lessor sell her home, which she responded NO, and Ms.
Nichols asked why not? Ms. Lessors's response was that she did not
want to move. She then asked Ms. Lessor what made her think that
she wanted to move? A few weeks later Ms. Nichols received a
telephone call from the City Attorney Ian Sievers, stating he and
another person wanted to personally purchase her home. She did not
permit that to happen. She emphasized this problem should be
remedied by mid February, no one has contacted her within the last
six months except a developer from Bellevue. If anyone wants to
purchase her home, she wants to be contacted personally, not
through anyone else.
Stacy Rose, 4310 E Street, stated not only will he nor any of his
relative or friends be voting for the Mayor, who came up with this
hair-brained idea. He and his relatives feel the Mayor and
attorneys plan to steal his property and change it into commercial
property and sell it for millions of dollars and invest those
dollars in the sewer treatment plant. He believes such action is
morally corrupt. He is a minority in a predominately people of
color neighborhood and can't help but think if it was an all white
neighborhood condemnation might not be an issue. He has read in
the newspaper that negotiators have been successful in acquiring
some of the properties. He was allowed to purchase his property
even though the City knew they would take it away from him
eventually and allowing him to invest $2,000 of his savings 11/2
years ago. No one has talked with him or sent him letters offering
to purchase his home. He questioned why negotiate for properties
when you can steal by condemnation? The newspaper articles also
told him the Mayor was protecting the City from lawsuits from
people who sued before. In the subject area only about 7-10% of
the people were involved in the lawsuit and the others live on the
other side of the freeway or on the other side of Oyster Bay Road,
which brings him to another point...you people who live on the east
side are next. The odor from the sewer treatment plant is not
limited to just his neighborhood. He questioned why stop there -
why not take homes and businesses north of Werner Road? He
believes the right thing to do would be to relocate the actual
homeowners and when the area is turned into commercial property,
the previous property owners should receive a share of any profit.
He urged the City Council members to vote "NO" for condemnation, or
vote "YES" and buy all the people affected brand new houses.
David Johnson, 4311 A Street, stated he hoped the Council members
were listening to what they are saying during this hearing and have
not already made a decision. He finds it rather symbolic that the
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City would send out a notice to remove them from their land on the
weekend of Columbus Day. He also found it very unprofessional for
the City to notify the Citizens Involvement Committee that they
have until October 18 to present alternatives to the condemnation
proposal. As a ratepayer, he expects more from the City's
professional staff when dealing with people's livelihoods. In his
opinion, this only lends to the fact the City's intent has always
been the elimination of this neighborhood by any means necessary.
He wanted to know where were the notices the Council's chairperson
said she would send to them regarding this public hearing? He
believes the issue of condemnation has covered up the whole odor
control project. He questioned as a result of the West Hills
Consent Decree, has this group been notified and has there been any
input on the progress of the project or how well the project will
work?. And, is the City using any of the input received from that
group regarding condemnation of properties? And, is the City
prepared to provide funding for further litigation because the
ratepayers have had enough of funding legal decisions. And,
speaking of funding, how is the Public Works Department suppose to
purchase homes using Bond money? He brings up that point because
his group received a letter from the then Public Works Department
when they requested as the Citizens Involvement Committee - where
was the funding coming from to purchase homes, and the response
they got back was the money was coming from Bonds. The City has
already spent 13 million dollars to combat the odor problem. If
the City had done the right thing when complaints were first
lodged, this City would have spent a fraction of that money with
the remainder being used for other needs within the City. Why
would the City Council support an ordinance that will only add to
this amount; 13 millions dollars is a lot of money to spend on an
odor problem? How can the City remove them from their land and
allow developers to build on lands closer to the plant than their
properties? The Mayor stated the City could not guarantee 100%
that the project would work 100% of the time. He realized the
Mayor's position is powerful, but he did not think anyone would
make that type of assertion about any thing man made and he would
imagine the Courts are aware of that as well. The major complaint
has always been duty and responsibility. In looking through the
City Council Agenda packet he was unable to locate the SEPA
Checklist and asked if one was available? Back in April of this
year, he had filed an appeal against the SEPA Checklist and was
told the appeal was frivolous and condemnation was something the
City was just "tossing around". He was not allowed to speak at
that hearing. His educational background includes Economics and
environmental issues and he was very interested in the intent of
the Checklist and SEPA process. He understands that the intent of
the SEPA process is to create harmony. Had the Planning Commission
not shared their responsibility when the Appeal was made on the
condemnation, we would not be here today. The purpose of SEPA is
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not to create a legal mine field. He hoped Council had not already
made up their mind and would listen to those giving testimony
during this hearing; and to vote "NO" on the request for
condemnation.
David Willjams stated as a member of the Citizens' Involvement
Committee (CIC) he was asked to come to this hearing to express the
opinion of the Committee on the property condemnation ordinance.
The CIC for the wastewater treatment plant odor control project,
was formed on September 1, 1994, by the initiative of the City of
Bremerton Public Works and Utility Department in order to provide
community input and feedback on the odor control project and to
bring community concerns and issues to the City and get the
response back to the community. The Committee is composed of seven
members from the community area served by the sewer treatment plant
collection system. One member of that committee resides in East
Bremerton, four members reside in Central and West Bremerton, one
member resides across Oyster Bay Road from the area designated for
condemnation and one member resides within the proposed
condemnation area. The CIC is unanimously opposed to approving the
Condemnation Ordinance and strongly recommends that Council not
approve the ordinance. He then provided a brief chronology of
events related to the City's involvement in the City's acquisition
of property in the area of the wastewater treatment plan: (1)
September 1, 1995, CIC was formed and met for the first time. In
preparation for the first public meeting being held by the CIC they
requested City staff to provide information on the City's policy of
acquiring property in the vicinity of the sewer treatment plant to
make what the City called a "buffer zone". On September 26, 1994,
the first public meeting was conducted by the CIC and at that
meeting members of the audience asked if condemnation was planned
for acquiring property in the so called "buffer zone". Eddy Chu,
the then Public Works and Utility Director, stated condemnation was
not a consideration by the City. On October 17, 1994, the CIC
attended a City Council Study Session to provide Council members
with questions and concerns including those of condemnation in a
buffer zone that were raised during that public meeting. From
October 1994 through January 1995, the Committee continued to
request information on the City's property acquisition in the so
called "buffer zone" in an attempt to answer questions and concerns
that were raised during the public meeting. In January 1995, Mr.
Chu was fired as head of the Public Works and Utilities Department.
From January to February 1995, after reviewing information provided
by City staff, the Committee continued to ask for specific
information on the City's plan or guidelines for acquiring
properties to create a "buffer zone". After receiving no response
to that request, the Committee requested time on the Council's
Study Session to present the information they had on the subject
and to ask Council to request the information on the City's plan
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for acquiring property in the buffer zone. On February 27, 1995,
Mayor Horton requested a meeting with the CIC; and at that meeting
Mayor Horton informed the Committee members that the decision had
been made to acquire the remaining properties in Zone #1, as
designed by the Consent Decree, by condemnation to provide for a
buffer zone and protect the City from further lawsuits due to odor
compliance. On March 13, 1995, the Committee held a second public
meeting where Mayor Horton presented her plan to acquire property
in the Zone #1 area by condemnation. Since that public meeting in
March, the Council has heard on numerous occasions opinions and
concerns by people most directly affected by the condemnation
proposal. During this time, the CIC chose not to provide a
definitive opinion or recommendation until a specific proposal was
put forth by the City.
In support of their recommendation to not approve the condemnation,
the CIC presented 14 separate items or issues:
(1) Why proceed with the condemnation now when in 2 1/2 months the
issue may not be a concern once the odor control equipment is on
line?
(2) Why move forward with condemnation of only this specific area
when over 80% of the people involved in the original odor lawsuit
live in the areas outside of this one?
(3) If condemnation proceeds, procedure does not reduce the City's
liability to the majority of those involved in the original
lawsuit, what is the purpose of this ordinance?
(4) By passing this ordinance the City may be setting itself up for
a lawsuit by admitting the odor control will not work even before
its going into operation.
(5) During the original odor lawsuit, many studies were conducted
to provide documentation of specific areas, which were impacted by
the odor from the sewer treatment plant. Where is this
documentation now and does it show in relation to this area
targeted for condemnation?
(6) As a result of the original odor lawsuit the City entered into
a Consent Decree with all the parties of the lawsuit. Pursuing
this condemnation proposal gives the appears of a breech of faith
by the City to that Consent Decree. Even if the City does proceed
with the condemnation of these properties the requirements of the
Consent Decree must still be met and the City does not escape any
of its liability set forth in that Decree.
(7) Passage of this ordinance gives the appears of using the odor
control as an excuse to acquire property.
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(8) Passage of this ordinance does not enhance the image of the
City and in fact it tarnishes that image by giving the perception
that the City cannot abide by contracts made in good faith.
(9) Not only does passage of this ordinance do nothing to protect
the City from future litigation, we believe that it provides the
potential for many more lawsuits, which will tax the resources of
the City even further.
TAPE #1328
(10) Passage of this ordinance will require the re-evaluation of
the embodiment environmental loss significance of the SEPA
checklist submitted by the City earlier this year for the odor
control project. At the time of the original submission of the
SEPA checklist, an appeal was filed by one of the residents of the
area for proposed condemnation based on the increase in scope of
the odor control project relative to condemnation of property.
That appeal was denied by the City on the basis that there was no
formal proposal for condemnation, but with the stipulation that if
condemnation procedures were evoked, the environmental impact study
would have to be re-evaluated. Re-opening of this environmental
impact study may even impact the on-going odor control project at
the treatment plant.
(11) Condemnation of property is usually considered as a last
resort by government agencies, and generally reserved for either
the removal of a public nuisance or the acquisition of property
which is to be utilized for the public good. In this case, the
"public nuisance" was one created by the City, and it appears that
the acquisition of this property is not in the public interest as
a protection against liability, but is rather being used as a
vehicle to acquire property not currently in City jurisdiction,
annex the property, then resell the property for profit.
(12) It seems odd that the only area targeted for condemnation is
property currently unincorporated, and principally owned by ethnic
minorities, while properties which are within City limits, and much
closer proximity to the treatment plant, and are not owned by
ethnic minorities are not considered for condemnation.
(13) The funding required for this condemnation is approximately
2.1 million dollars. The only way these funds can be re-paid to
the City fund is through resale of the property for profit. With
the 6 million being spent for odor control, and the 4.5 million
dollars awarded to the original odor lawsuit, the total spent just
on odor at the treatment plant is approaching 13 million dollars.
We do not believe that this is approved expenditure of the City's
resources.
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(14) As to alternatives to condemnation, this condemnation
ordinance provides no liability for the City from any percent of
the original lawsuit litigants, we believe that it makes more sense
to wait until the odor control equipment is operational, then re-
evaluate the situation. If the odor control equipment is not
effective, even though we, as a Citizen Involvement Committee,
believe that it will be, the City might need that $2.1 million
dollars for other action.
Based on the preceding items and issues, the Citizen Involvement
Committee wished to express their strongest recommendation that the
Council NOT approve the condemnation ordinance.
Rachel Ketchum, 4321 West "C" Street, Bremerton, asked Council if
any of them would want or like a wastewater treatment plant built
in front of their home, without the consideration of the residents.
The City didn't ask any of the current residents their opinions,
they just came and built the plant. She has been in her home for
36 years. All of sudden, she is going to have to move from her
home. Her husband passed in 1983, and all her memories of him are
in her home. She asked the members of Council if they would like
this to happen to them? She said if not, then please don't do it
to her. She wants her home, she does not want to leave. She also
talked about the size of her home, and the view she has now, and
said there is no way she could find anything comparable to it, with
the price she has been offered by the City.
John Larson, Broadway Avenue, Bremerton Resident, and Acting Chair-
Person for the Citizen Involvement Committee, stated the opinions
of the Committee expressed earlier were unanimous. Speaking to
the residents of Bremerton, he wanted to point out to them that
these people who have the threat of having their property
condemned, are our neighbors. The Committee felt they had an
obligation to help keep the City from getting sued, and that the
$2.1 million could be better spent on fixing the wastewater
treatment plant, not "snuffing" out a neighborhood. If the best
use of that property is commercial, he feels they should decide, it
is their land. If the City created the smell, they should clean up
the mess, and not worry about someone suing them to MAKE them clean
it up.
Cecil McConne11, Almira Drive, Bremerton Resident, felt that the
prior issue on the agenda was connected to this one, and sets up a
"red flag". The cancellation of the sewer plant operation contract
coupled with the condemnation procedure on adjoining property,
tells him that possibly the odor control isn't going to work, and
doesn't appear that the City is going to try and make it work. He
feels if the court's direction is followed, to get rid of the odor,
there would be no need for the City to condemn the property to
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create a "buffer zone". He is not even sure that the City can
condemn private property for resale anyway. In his opinion, it
does not speak well for the City to enter into the Real Estate
business, especially for a condemnation procedure. He would like
to see the RCWthat authorizes such action. He knows that the City
can condemn property for several reasons, but it has to be for the
public good, not for resale. If the City wants to convert that
property into an industrial park, he feels the City should first
rezone the property, then let these people sell their property
under the higher rezone, so they can benefit by a higher profit,
which would then allow them to repurchase a decent home elsewhere.
He urged Council to vote no on this condemnation.
Tracv Wingo, Bremerton Resident, questioned what is the fair price
for 30 years of living in a home? Is it the fair-market value,
plus a percentage? Will that buy these people another home in
another neighborhood? What will this odor "buffer zone" provide,
and why is this only being considered north of the plant? The City
denied the odor problem 10 years ago, when the plant was first
built. The City has now agreed to fix the odor problem. If the
City obtains the property, will the odor get to stay? What about
the residents on the other side of the freeway? What about the
residents who live elsewhere, but must drive by the plant everyday?
He questioned the possibility of other residents, who are not
having their property condemned, still being able to sue. He
further questioned if the money needed for this condemnation
procedure means another rate hike on sewer bills? He would like to
know the Mayor's long-term plans for this condemned property.
Cametta Harkins, Representative for Faith Temple Church of God in
Christ, 4313 "D" Street, stated the church has been in this
location since 1958, long before any of this current situation took
place. She said the church would like to get a reasonable and fair
price for their property, so they would be able to build another
church on the east side. As some of the other speakers have
stated, Council should put themselves in their shoes, and consider
how they would like any of this to happen to them. She stated this
church has been around longer than some members of Council have
been on earth. She has seen a lot of changes in Bremerton, and now
their property is very valuable because they are right next to a
freeway exit. She urged Council to vote no on this condemnation.
Peter Myers, Oyster Bay Area Resident, speaking on behalf of the
Neighborhood Council, urged the Bremerton City Council to vote no
on the condemnation. He said that the dictionary may have another
definition for condemnation, but to those who live on the affected
property, it means "getting booted out of your home". He has been
in the neighborhood since the 1960's, and he remembers at the time
the sewer plant was going to be built, no notice was given to the
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neighbors even asking them if they wanted this treatment plant so
close to their homes. Then the neighbors were invaded by the odor
from the sewer plant. Now, they seem to have no say in this action
being taken by the City either. They do not want to be uprooted
from their homes, possibly becoming homeless. Many residents are
senior citizens on fixed income. He feels they are being offered
"dirt cheap" prices for their homes, well below the market value.
Basically, he feels the City is saying, "take it or leave it, or
get out anyway". He stated that a comment made earlier by
Councilman Winters about the prices of the properties being
unknown, was wrong. He said he had a list of prices, and most of
the property prices are known. He further stated there are only
two that are unknown.
Sandra Pool stated the list Mr. Meyer's had was obtained from Mr.
Lucas two days ago, and it is the most current list of all the
purchases made in that area, and also those currently in process.
She also spoke of seeing some people, she believes City staff
members, taking pictures in front of her house, and when they saw
her, they took off. She said this happened a few months ago, and
they were taking pictures of the properties from Roosevelt, down
toward the freeway. She almost called the police, because she was
very uncomfortable with such actions.
Mr. Neville asked for Mr. Sievers' interpretation of the Citizens
Involvement Committee's 14 questions. Mr. 8ievers stated Mr.
DiJulio, who is the attorney representing the City on some of the
sewer treatment plant lawsuits, will address some of the specific
questions. He did state however, that he was not one of the
persons taking the pictures Ms. Pool spoke of. Also, he believes
that Ms. Nichols, who spoke earlier, misunderstood a conversation
they had a long time ago. He was not interested in her property,
and does not know personally of anyone else who was interested.
Regarding the SEPA issue, the City said the Environmental Review
Process would be reviewed, if this project did come forward as a
proposal. The scope of the project was reviewed by the responsible
official in the Planning Department, and determined to be
categorically exempt, at least all the parts of this project that
we can contemplate now, which are acquisition of real property
interests, possibly vacation of streets, possible annexation, and
demolition of single family homes. There is no rezone or
development that the City contemplates at this time, and that is
the basis for the determination on the SEPA issue.
Steve DiJulio, attorney, stated no redevelopment or planning can go
forward without subsequent compliance with SEPA, and the
requirements of the Growth Management Act. His firm has served as
special counsel to the City of Bremerton for a number of decades,
and most recently, assisted with the treatment plant litigation.
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There is no way that he could be as articulate or persuasive when
compared to people who are appearing in defense of their home. He
feels that the intensity of these people can not be criticized.
However, he did feel there are some factual issues that need to be
addressed.
The City of Bremerton has been subject to criticism for nearly 20
years with respect to the sewer treatment plant. When the City
entered into Planning efforts with the County, and the various
sewer districts with respect to the Sinclair Inlet plan, the
decision was made to close the Manette Plant, and relocate at
Oyster Bay. The City was criticized for this. The City has
responded to problems that have arisen in the past, and addressed
the claims brought forth. First, they faced action from the West
Hills Association, and now are further defending other lawsuits by
the group known as the Charleston Beach Association. The City has
commenced their own litigation against the sewer treatment plant's
designer, operator, and insurance company, seeking to recover. The
City was sued for its inaction in the past, and is now being asked
to further delay taking action at this time. The property
acquisition program has been part of the City's planning with
respect to the sewer treatment plant long before he personally
became associated with this particular project. Property was
acquired before the lawsuits were instituted back in the late
1980's, but as the case is in many such circumstances, "you do what
you can do when the time is presented". The City of Bremerton
dealt with issues as it could, and property acquisition fell behind
some of the other efforts. As he understands it, and he has not
been involved in the property acquisition effort to date, the City
has delayed proceeding with condemnation in order to provide
further opportunity for the community to respond, and has sought to
proceed forward with negotiations in lieu of condemnation. Also,
the City cannot institute condemnation proceedings unless and/or
until formal offer is presented. The adoption of this ordinance
neither precludes settlement, nor does it allow the City to proceed
to actually file the condemnation case until a formal written
offer, consistent with the Property Acquisition Guidelines of the
State of Washington, are complied with.
To answer the question "Why this particular area?", Mr. DiJulio
stated that the area immediately north of the plant has been
identified in the West Hills Association's own environmental
documents as the area that is most significantly impacted by odor
emissions from the treatment plant. This neighborhood must know,
more than any of us, that the prevailing winds and the effective
climate in that basin affect those in the bottom of the basin more
significantly than those above it. That is just a fact of the
geography of that area. The people who drive by that area on the
freeway are also aware of this. These areas were identified
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because the City is primarily concerned about the residential
exposures. There are no standards other than the OSHA and WISHA
standards regarding exposure to odors, except for the extended 24
hour exposures. In this case, those 24 hour exposures are found
most frequently in the residential areas targeted.
The reason for "Why now, and not later" is simply because further
delay means further cost and expense to City of Bremerton rate-
payers. This Council addressed that issue 18 months ago when it
approved sewer rate increases and adopted a Comprehensive Plan that
fully recognized that rates would be raised in the future. This is
a long termproject, with long term expenses, and will be addressed
for years to come.
To further answer "Why this particular area, and not others", he
stated that certain properties that also have the potential for
significant impact from the odor, are being acquired voluntarily,
and not under threat of condemnation. However, the City made the
determination based on the risk calculation where it faces the
greatest exposure to liability in the future, and is making a
reasoned judgement based upon that factor. The City cannot afford
to acquire all of the property that has, in the past, claimed to be
affected by odor. The City determined that this was the area where
the most particular problems, and the most particular exposure to
liability occurred. The City's limitation to liability is a result
of a settlement agreement which only takes the City through the end
of 1995, and the City will be again subject to liability. Of
course, the City is also exposed to current liability from
claimants in the Charleston Beach Association claims, which contain
some 200 plus additional claimants seeking compensation from the
City for odor nuisances emitted from the sewer treatment plant.
Another question was raised "If the City is confident in its
efforts with regard to the odor control improvements that are
currently being constructed, why acquire the property?"
Unfortunately, sewer plants emit odors. There will never be an
"odor free" sewage treatment plant, not in light of current
technology. The City has made a huge capital commitment to remedy
the plant as much as it possibly can, and that remedy does not come
with guarantees. The City is making every effort to provide future
protection for the community by acquiring those areas where in the
event the problem persists, liability will be diminished. No,
condemnation will not prevent further lawsuits, but in the overall
cost the City is facing in responding to the current claims,
pursuing claims of its own against insurers and responsible
parties, as well as dealing with the plant remediation, this is a
plan with identified costs, for the project. Waiting and seeing
how effective the odor control project will be is exactly what the
City was criticized for doing some years ago.
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In response to "Passage of this ordinance gives the appearance of
using odor control as an excuse for acquiring property", odor
control is the reason for acquiring the property, it is not an
excuse. This is also not a "breach of faith" of the West Hills
Association settlement. At the time of the negotiations with the
West Hills Association, this Council made it very clear that it was
going to continue to pursue voluntary acquisition of property in
that area, and in the event voluntary acquisition did not succeed,
condemnation would be considered. The settlement agreement with
the West Hills Association spells this out specifically. Any
member of that Association who is here tonight, knows they were
advised of this at that time, some two years ago. Yes, what the
City decides to do with the property in the future will require
environmental evaluation, and the City will have to go through all
proper processes with respect to any kind of development or
redevelopment of that property. The property will be acquired for
public purpose, the purpose of the City's sewer utility, and to
protect the interest of the community.
The issue with respect to the minority status of many of the
residents in the Oyster Bay area is a serious concern to this
Council. However, this is an issue that should have been addressed
15-20 years ago, at the time the decision was made to locate the
plant at this facility, but the decision was made at that time.
This Council is now addressing a problem that is not of their
making, and if this is one of the unfortunate consequences that
certain people are displaced as a result of this, that is one of
the difficult decisions that an elected body has to make.
He did want to comment with respect to the values that are being
offered, it is his understanding that in evaluating the "fair-
market value" of this property, the City is looking beyond this
particular area for values so that the property is not being
evaluated in light of the potential stigma associated with the
treatment plant, but looking at comparable properties outside of
the area in order to determine "fair-market value". The
condemnation process gives the opportunity for the parties to
appear before someone neutral, either a judge or a jury, and have
them decide what the City is required to pay for that property.
Condemnation is a process where both parties have equal opportunity
to express their position, then have a neutral party decide what
just compensation is to be paid. Replacement cost of property is
justifiably an expectation of many people whose properties are
acquired by government. It is a difficult concept, and one that is
highly charged and emotional. It is a situation where property
owners say "you buy me a piece of property that is the same as what
I have now". The courts have rejected that concept time and time
again. Just as it was suggested, the City is not in the Real
Estate business, and cannot go out and buy property for everyone
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Page 25 of 31
who is displaced. Nevertheless, it is one of the issues raised,
and replacement of property is not one of the issues that you deal
with. However, the City is making available property that it is
acquiring outside of this area, in Area 1, for continued
residential sales. One of the issues that will be considered by
the City in the implementation of this program is the movement of
people from their residents in the condemnation area, to residents
within the acquisition area.
With respect to plans for expanding the treatment plant, it should
be noted that the original plans, going back to the early 1980's,
called for expansion north, into the area where property is being
acquired. Obviously, the City has not grown, and the demand for
plant expansion has not been required. One of the earlier plans
for this plant showed a second bio tower north of the existing bio
tower, and an additional pond area. While there is no present
intent to expand the plant, plant expansion is part of the long
term planning. Being proactive, means more conservative cost
controls for the future.
In response to "Why is the City being allowed to construct new
homes in the area", the City can not prohibit the construction of
new homes on private property, that is otherwise properly zoned for
hat purpose. The City wants to encourage residential development
in the neighborhoods that are designated as such, and because the
area west of Oyster Bay Road is designated for residential
neighborhood, that is one of the reasons for not proceeding for
condemnation to the west of that road.
Mr. Neville referred to Mr. DiJulio's response to question #10,
about the SEPA checklist being opened again? Mr. DiJulio stated
that SEPA is required for any action, and compliance with the
environmental review laws is required. Certain actions or matters
are not included within the definition of an "action", or are
exempt from SEPA's review requirements. The acquisition or sale of
property, is not subject to SEPA because that doesn't constitute
an "action". The acquisition of the property does not affect the
change-of-use or the occupancy, therefore there is no effect on the
environment when one person owns the property versus another person
owning the property. But in the event the City takes any action
with respect to development or redevelopment of that area, such as
a long term plan to demolish houses in that area, before the City
were to take such a step, it would have to go through the SEPA
process that is mandated by State law. Simply transferring
ownership of property is not a SEPA review process.
Lynn Elliott referred to a statement made by Mr. DiJulio that
during the settlement of the West Hills Association lawsuit two
years ago, the possibility of condemnation and the acquiring of
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October 18, 1995
Page 26 of 31
property was included. She stated that she has bought property in
the area since then, and is very curious as to why she was allowed
to buy property in an area where the City knew about the
possibility of condemnation. Her property was on the market for
over a year at below assessed value, and no offers were made.
Mr. DiJulio stated there are two answers to the question "Why, when
property was listed in the condemnation area was it not acquired
earlier by the City": (1) the City was committed initially to
getting the settlement agreement implemented, and getting the plant
remediation efforts on line, such as hiring the consultants,
getting the construction contract put together, and then let for
bidding. So, the first effort the City engaged in was to implement
the technical aspects of the settlement agreement. (2) the City
delayed its acquisition in this area, just as the people are asking
for today. The City wasn't initially motivated to get out and
acquire that property. It has been a slow start, and it has been
a long process.
Mr. Colvin asked if Mr. DiJulio would agree that one of the reasons
the City wants to buy that property is to prevent another possible
lawsuit, because of odor? Mr. DiJulio responded the City will
continue to be subject to the existing lawsuit regarding odor
emissions from the plant, and there is nothing to preclude somebody
in the future claiming damages as a result of odor from the plant,
whether it is from the east of the freeway, to the west of Oyster
Bay up on the hill, or further north on the other side of the
arterial street. There is no way to preclude that, however, this
action focuses on the particular area where the greatest exposure
to such claims lies.
Mr. C01vin referred to those citizens who would like to remain in
their homes, not for the purpose of suing the City, but because it
is their home. He questioned the possibility of a "holds harmless"
agreement to the City, let them remain in their homes, and let them
sign another agreement that once they move or sell, they will sell
to the City?
Mr. DiJulio stated Mr. Colvin raised two valid points. He can
address the legal points, but not policy consideration. The legal
point is, they have serious reservations and concerns about the
ability of an individual to waive claims with respect to future
owners of that property. This would be an on-going issue, and one
of the reasons condemnation is being pursued, is because of the
concern of the legitimacy of those kinds of waivers. On the policy
issue, that is what this Council will decide what is in the best
interest of the overall Bremerton community, and the sewer utility.
Mr. Colvin stated he also understands that some of these people
whose property is being considered for condemnation, did not even
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October 18, 1995
Page 27 of 31
participate in suing the City. Mr. DiJulio felt it was interesting
that there is a higher percentage of people in this condemnation
area that are part of the Phase II claim, than there were in the
Phase I claim. Mr. Colvin asked if there was anyway his suggestion
could be investigated as to the possibility of people signing
waivers and remain in their homes? Mr. DiJulio stated that concept
was investigated, and it was determined that it was not the best
long-termprevention for future liability. He further stated that
is why the Mayor is recommending this process, because it would be
impossible to get hold-harmless agreements from everybody in the
City. Mr. Colvin stated he wasn't talking about the whole City,
just this targeted area. It seems to him that these people would
be contacting their own attorneys. Mr. Dijulio stated they are
represented by legal counsel in the Charleston Beach Association,
who have advised the City not to discuss this matter with their
clients without their authorization. Mr. DiJulio's firmhas dealt
with the attorney representing Charleston Beach Association, and
also with individual property owners. This was done only as agreed
upon by the property owners.
Mr. Colvin mentioned a formbeing circulated regarding the assessed
values being offered for properties. He asked if the citizens have
been apprised of this? Mr. DiJulio stated that is unknown to him,
as he has not been involved in the property acquisition program.
Mr. Colvin asked if the information was confidential? Mr. Sievers
stated no, it is all public information. The offers being made by
the City are not confidential. He further stated that since the
City has become more active in this process, there is a very
detailed file on all negotiations and all offers made on the
properties in the subject area. Mr. Colvin asked if the citizens
have been notified of possible condemnation? Mr. 8ievers stated
no, the consultant who was hired to negotiate voluntary sales has
not been authorized to do so. This is just now being brought
before Council tonight. Mr. Colvin stated he heard it said
tonight, that if a property owner doesn't sell, their property will
be condemned. Mr. Sievers stated only if Council passes the
proposed ordinance, otherwise, the City will not go forward with
condemnation.
Member of the Public, wanted to know, since most of the affected
properties were in the County, shouldn't this issue go to them?
And then to Olympia? And then to the Supreme Court?
President Huff-Menees wanted to clarify, as stated earlier in terms
of the process that would take place this evening, there was an
opportunity given for citizens to make public comments and ask
questions. Mr. DiJulio listened to all of the comments, and has
answered nearly every questioned asked this evening. Further
questions or comments will not be heard from the public at this
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Page 28 of 31
time.
Mr. DiJulio stated the property owners are entitled to have their
trial in the County, where the property is located, if the matter
goes to condemnation. If there is a disagreement with any of the
decisions made from that trial, the appeal procedures are
available.
Mr. Farr stated it troubles him to hear of the charges made that
the City is trying to make money off this property, that the City
is going to receive a windfall profit by turning this property into
commercial, then selling it. In the past, concerns were presented
to the Administration, and it is his understanding that an effort
had been made, and been completed, where the City offered
assistance to the property owners if they wished to form a group by
themselves and present their property, as a whole, to a developer,
and they themselves would be allowed to reap any benefits. He
feels that every effort has been made by the City to accommodate
the property owners. Mayor Hotton stated she did meet with a
contingency of the property owners, and approached them with the
possibility of them securing a private developer or someone in real
estate so that they could directly negotiate themselves. The City
was willing to partner with them, or not. The Mayor and Gene
Sampley, Director of Public Works, met with two people the group
had selected. During that meeting, the City outlined their
concerns and also their goals. The two people were never heard
from again after that initial meeting. Mr. Sampley made several
attempts to contact them, and to the best of her howledge, they
either did not respond back, or if they did, there was no position
formulated by the residents. The Mayor wanted to assure everyone
that based on the numbers she has received from the City Treasurer,
the City will not be making a windfall profit from this
arrangement. It will take a number of years for the City to recoup
money the City must invest in this property acquisition. She
wanted it to be very clear and understood that there will be no
profit margin made by the City of Bremerton.
Mr. Colvin wanted to apologize to a family he spoke with last week.
Apparently he misinformed them that their name was on a list for
condemnation. Their name is on a list, but not the list of houses
targeted for condemnation.
Mr. Overson stated this is a tough issue, just as tough as the
decision was to raise utility rates to pay for lawsuits. However,
he trusts that anyone out there who listened to Mr. DiJulio, must
recognize basically what the Council has to do for the long term,
and legal good of this community. Mr. DiJulio, along with other
professionals, looked at this situation for a number of years.
They have thoroughly reviewed all aspects, and are making their
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Page 29 of 31
recommendations based on date. Regarding comments made earlier by
Mr. McConnell about families having to move from their homes, Mr.
Overson agreed with him. As Council members, just like anyone
else, they would not want to have this happen to them. But he
trusts that any legislator who is in a position of responsibility,
must have the understanding to do what they must do. He told a
personal story of having to relocate his father from his farm he
had been on for years, and the situation started out bad, but
worked out best in the long run. He believes that can happen here,
and also trusts that the City will work with the property owners to
take care of their concerns as best as they can. He also trusts
that the Council will do what they must.
Mr. Law stated at this point, he may be voting "No", and wanted to
explain why. First, he respects Mr. DiJulio, Mr. Sampley. Mr.
Sievers, and the Mayor. However, he also respects the Citizen
Involvement Committee, who have given the Council good advice. He
feels the City has questionable procedures, and has had some
questionable representation and advice. Council was cautioned that
they "dallied" too long the last time, but when they waited last
time, it was because the City said there was no odor. The City is
now admitting there has been an odor, and the objective is to get
rid of that odor. He feels it is his job to protect the rate
payer, and thinks the City is opening a legal "flood gate". He
would like his concerns regarding the procedure and representation
to the owners reviewed, and augmented, and then brought back to
Council at a later date.
Mr. C01vin stated he would vote "No" at this time, because he does
not feel the affected citizens have been sufficiently informed. He
feels the City should look into this further, and hopefully come up
with a solution that would be more amicable. He understands they
will not be able to please everyone, no matter what they do;
however, he wants the best solution for all concerned. Just
because someone thinks Council is doing something right for the
City, Council should not "put their thumb on the little people" who
may not be able to help themselves.
Mr. Winters told of growing up in Navy Yard City, and how he was
there before the highway was built and before the sewage treatment
plant was put in. After the treatment plant was there, his parents
decided to move because of odors from the plant. He knows of
people he grew up with, who are proud of the fact they receive
thousands of dollars because they sued the City. He loves the City
of Bremerton, and is tired of people suing it. He is also tired of
paying rate hikes due to past litigation, and that is his concern.
He is voting "Yes", because he feels people have to stop suing the
City.
#2183
#2322
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Mr. Parr wanted to know if this first reading is approved tonight,
is there time to address some of the concerns just raised by Mr.
Law before second reading of the ordinance? Mr. Sievers stated he
would like to find out Mr. Law's specific concerns. Council
procedures allow up to one month delay for second reading of an
ordinance, and feels that is plenty of time to address the concerns
brought forth. Council would simply make the motion to delay the
second reading a month or less. Mr. Farr wanted to know the
implications for delaying this issue. Gene Sampler, Utility &
Public Works Director, stated he did not feel there were any
significant consequences in delaying this action in the period of
time talked about. He felt it would also give them the opportunity
to speak with any property owner who wanted to talk to them about
their particular parcel. He invited anyone to contact them with
any concern.
Mr. Farr urged citizens to make a good-faith effort to contact City
staff to resolve any and all concerns during this time.
Mr. Law stated he will vote "Yes" at this time, knowing he has the
option to vote "No" in four weeks. Also, he will be happy to
convey his specific concerns. He wants to feel comfortable in
knowing that all citizens have had every opportunity available to
them to be heard, and contacted personally. He also urged anyone
who has not yet been contacted, to call the City.
Mr. Colvin stated he will maintain his "No" vote, because voting
"Yes" does not preclude the City from being sued.
M/S/C(Farr/Law) amended motion to delay the second reading until
November 15, 1995.
Vote on Motion:
In Favor: Neville, Farr, Law, Montgomery,
Dawkins, Winters, Overson, Huff-
Menees
No: Colvin
Motioned carried.
M/S/C(Overson/Montgomery) original motion to approve ordinance on
first reading, authorizing the purchase of properties from the
utility fund through condemnation for the purpose of establishing
a buffer area north of the Wastewater Treatment Plant.
Vote on Motion:
In Favor:
Farr, Law, Montgomery, Dawkins,
Overson, Neville, Huff-Menees
No: Colvin, Winters
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Motioned carried.
With no further business meeting adjourned at 8:05 P.M.
KATHLEEN L. McCLUSKEY, City Clerk
SHERRIL HUFF-MENEES, Council President
City of Bremerton
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M/S/C/U(/) to approve ordinance on first reading, authorizing the
purchase of properties from the utility fund through condemnation
for the purpose of establishing a buffer area north of the
Wastewater Treatment Plant.
With no further business meeting adjourned at
KATHLEEN L. McC~City
Clerk
City of Bremerton ~c
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