HomeMy WebLinkAbout08/14/96TAPE #1398
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
COUNCIL
APPROVED
AUGUST 14, 1996
#0030
#0046
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, August 14, 1996, at 5:30 P.M.,
with Council President John Law presiding. Council members present
were Bob Winters, Carlos Montgomery, Sherril Huff-Menees, David
Farr, Richard Neville, Lon Overson, Cecil McConnell, and A1 Colvin.
Also present were City Attorney Ian Sievers and City Clerk Kathleen
McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Law and Invocation given by Councilman A1 Colvin.
President Law made the following announcements:
(1) Council held a Study Session prior to the Council meeting to
discuss "Fee Waiver for Olympic Course at Gold Mountain";
(2) Council will hold a Study Session immediately following the
Council meeting to discuss "Comprehensive PlanAmendments including
Harrison Neighborhood Plan". (3) Council will hold an Executive
Session immediately following the Study Session to discuss "Review
of Personnel Performance".
(4) Council will hold a Study Session on August 15, 11:15 A.M. -
12:30 P.M., to discuss "Fletcher Wright, Inc., Ownership
Transition".
CONSENT AGENDA
A. Minutes - July 31, 1996
#AB96-170
M/S/C/U(Neville/Montgomery) 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 August 14, 1996, the Council does
approve for payment those vouchers included and further described
as follows: 200473 through 200662 in the amount of $224,372.70.
COUNCIL ~MBER REPORTS
Mr. Winters attended an awards presentation at the Redmond
Elementary School on August 8th. The program was arranged to thank
the many members of the Puget Sound Housing and Community
Development Departments. He especially thanked Marylyn Waibel and
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Debbie Peavler-Stewart for their hard work in administering the
City of Bremerton's CommUnity Block Grant Program.
Mr. Montgomery reported the August 9th Concert on the Boardwalk
drew a good crowd and the next scheduled concert will be held on
August 16. On August 12 he attended the dedication of the
Volleyball Court at Pendergast Regional Park. He was pleased to
see clean-up activity taking place at the corner of 6th & Veneta.
Mrs. Huff-Menees reported she has heard some verypositive comments
from parents about how much their children have enjoyed the Park
Department's summer programs. The Parks Department has had record
numbers of children participate in their various activities.
Mr. Farr was saddened over two Police officers recently injured in
a vehicle accident while pursuing a suspected criminal. He
acknowledged how Police Officers are placed in dangerous situations
protecting the public, and the affect it can have on their
families. He hoped the Police Officers recover quickly from their
injuries.
Mr. Neville thanked the Parks Department for the resurfacing of the
tennis courts at 11th & Warren Avenue. He reminded everyone of
"KIDS DAY ON THE BOARDWALK", August 16, 1996, 11:00 AM - 3:00 PM.
Mr. McConne11 announced the next District #2 Neighborhood Meeting
will be held on September 10, at Fire Station #3 on Olympus Avenue.
Mr. Colvin congratulated the winners of the Bremerton Area Chamber
Of Commerce Thunderbird Award: Dick Brinkerhoff, owner of
Brinkerhoff's Appliance Centers; Robert Schneidler, President and
Chief Executive Officer of Kitsap Physician Service Health Plans;
and Reverend Lawrence R. Robertson, Pastor of Emmanual Apostolic
Church. He announced the next District #1 Neighborhood Meeting
will be held on September 19, 1996, 7:00 P.M., at the Sheridan Park
Community Center, with Mayor Horton as the guest speaker.
Mr. Law reminded residents of District #3 there will be no District
#3 Neighborhood meeting in August; however, there will be a
District meeting on September 17. Regarding a concern about tall
grass and overgrown vegetation at the former Puget Sound transfer
substation at 16th & Nipsic, this site was turned over to a
subsidiary of Puget Power...Western Pacific Properties. He has
been unsuccessful in getting Western Pacific Properties to remove
the overgrown vegetation, but the tall grass has been removed. He
emphasized Puget Power is a fantastic neighbor to the City, but he
has had difficulty reaching anyone at Western Pacific Properties to
resolve this matter. He will continue to make every effort to make
contact with that company.
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MAYOReS REPORT
Mayor Lynn Horton suggested Mr. Law contact the Fire Department and
solicit their help in resolving the problem of overgrown vegetation
at the Western Pacific Properties site. At the previous Council
meeting, Roy. McInnis reported an incident involving two of his
grandchildren becoming locked in a vehicle on a very hot day, and
his concern over the City's emergency personnel's slow response to
the mother's call to 911. After Mayor Horton reviewed the call
record from CENCOM, it was determined that the person receiving the
call gave it a "5" priority rating, meaning it was considered a low
ranking call, which delayed getting the information to emergency
personnel. According to CENCOM's policies, anytime there is an
issue in which children are involved, it is to be a high priority
call. As a result of their ranking the call a priority "5", it took
several minutes before a call was dispatched to the Bremerton
Police Department to request a "slim jim" to gain access to the
locked vehicle. The response from the Police Officer was negative,
so the Bremerton Fire Department was toned out to respond to the
emergency call. The Bremerton Fire Department was on the scene
five minutes after the last response from the Police Officer,
making a total time of 12 minutes from the time the 911 call was
made. Police Chief Du Fresne indicated they have discussed this
issue with the Manager of CENCOM, who will have further discussions
with the person receiving the 911 call, because their handling of
the call was against CENCOM's own policy involving small children.
Mayor Horton reported she anticipates the opening of the Arvon
pocket park in the next two weeks. Also, the City is in the final
stages of putting together a skateboard park near the Swimming Pool
in East park, and should be open in the near future.
Mayor Horton introduced Tammy, Kitsap County Fair And Rodeo Queen.
Oueen Tammy gave a run down of the Kitsap County Fair schedule of
events, and invited everyone to come and enjoy the planned
activities and entertainment starting on August 21.
Mayor Horton administered the Oath Of Office to Police Officer John
Jerome.
Police chief Paul Du Fresne reported the injured officers were
responding to a robbery where shots had been fired, and because of
air bags in the vehicles, the officers received minimal injuries
for the seriousness of the crash. That same evening, other Police
Officers identified and apprehend the driver of the vehicle
involved in the robbery, and that investigation is proceeding. He
also emphasized the serious nature of Police work, and the fact
that it can put them in danger. He expressed his appreciation to
families of Police Officers, who have to live with the howledge
that their family member's work can bring them into dangerous
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situations.
Chief Du Fresne was pleased to report the City organized a team of
officers to participate in the Kitsap Rifle And Revolver Club
"Courage Challenge", an annual pistol shoot that involves law
enforcement teams from throughout the region. The City's team,
made up of John Jerome, Russell Holt, Daniel Fatt, and Luis Olan,
took the top prize at that event. In the past, he has always
worked at Police agencies involved in competitive shooting, and
Bremerton has not had that tradition. He would like to see
Bremerton Police officers continue to participate in such events,
and believes the City has an excellent foundation for a group with
the above named officers.
PUBLIC RECOGNITION
Jack Lefcoski, Kitsap Lake, stated a group has been formed and
incorporated to work toward keeping weeds out of the 14 Kitsap
County lakes (13 County lakes and 1 Bremerton lake). He provided
handouts to Council members relating to the weed problems in all of
the County lakes and urged them to read the information.
Gordy Byrd reported he attended the Concert on the boardwalk and
Concert in Evergreen Park. He also related an incident that he was
involved in that brought about Kitsap Transit criminally
prosecuting him for a charge that he believes is untrue.
De1 Knauss raised the following questions (quoted verbatim except
for the addition of the word "Question"):
Item i - Minutes from the July 8, 1996, Sinclair Landing
Association Meeting of the Board of Directors, paragraph 6 talks
about Wycoff Park, City Hall Park, and Evergreen Park. Question -
are we getting rid of these parks or improving these parks?
Question - what about parks property at the former Bremerton Lumber
site and the Salvation Army site? Question - is the City selling
these properties or trading them, and what happens to replacing the
income from these properties, if we do sell them? Question - since
the minutes mentioned City Hall Park, does this mean we are moving
City Hall?
Item 2 - I requested minutes from Randy/Witt concerning the
Gateway CAC Committee. I received a February 21st, 1996 meeting
summary. What I am concerned about, even though it doesn't show in
the one summary I have received, is that I am hearing talk that
this committee and several Council members are still considering
one-waying Burwell and Sixth Street. I want to remind Council you
did vote against this. Question - is this true and who is pushing
it the CAC Committee,SLA, Mayor Horton or certain Council members?
Question - will Council member Huff-Menees step down when it comes
to any votes on the Gateway issue since her husband, Jerry, is on
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this committee? Question - who is appointing committees in this
City, the Mayor, Randy witt or Parametrix? Also, I'd like to
request the Council to collect all correspondence and minutes
concerning the Gateway Committee meetings because I do not feel I
received everything from Randy Witt.
Item 3 - On August 2, 1996, my son and I were at the McCormick
Woods Golf Course. We happened to see several Council members,
Port Commissioners, County Commissioners, Transit officials,
Parametrix officials, SLA members and Mayor Horton attending what
appeared tome some sort of meeting. Some of the people spotted
were Sherril Huff-Menees, Carlos Montgomery, A1 Colvin, David Farr,
Lon Overson, Richard Neville, Don Pratt, Fred Schoneman, Jeff
Peacock, Phil Best and Richard Hayes. Question - why was this
meeting not announced to the public? Question - was this meeting
to discuss the downtown development? Question - why wasn't this
meeting mentioned in last weeks Council reports? Question - are we
starting to have secret meetings concerning downtown development?
Question - who paid for this meeting, taxpayers or members
attending? Question - does this mean now that you have had a
meeting where there was a quorum of Council members that you should
divulge the discussions you had before voting on any issues that
might relate to this meeting."
Elizabeth Buell expressed her appreciation for the bench placed in
the hallway outside of the City Council Chambers.
Car01 Atkinson, Bremerton Main Street Association, announced the
last Concert on the Boardwalk will be held on August 16. She
displayed the 1996 Blackberry Festival poster
7A - WESTSOUND COMMUNITY ACCESS TELEVISION CONTRACT, #XB96-157
The attached Interim Services Agreement transfers management of
governmental programming to Westsound Community Access Television
(WCAT). As you will recall, the City entered into an Inter-
governmental Cooperation Agreement with the County to establish a
non-profit community access management organization. A Board of
Conveners (local residents) with the assistance of a consultant and
County and City staff, developed the Articles of Incorporation and
By-Laws in 1995. They selected, through an open application
process, the first Board of Directors for the new corporation in
September 1995. Since that time, the new board has met on a
regular basis and hired the new WCAT Executive Director, boyle
Detroit, in May 1996.
The actual transition to WCAT will take place in the Fall. In the
interim, in order to assure a smooth transition, it is recommended
that WCAT assume management responsibility for BCAT and the
employees currently managed by the City. We will continue to
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receive the same services. This contract is for the period 8/01/96
to 12/31/96, and provides for monthly payments to WCAT of the funds
currently budgeted for salaries for the 1.5 employees, and part-
time funds for Bob Neal's continuing services to Inside Bremerton.
The remaining funds, approximately $7,000, will be used to upgrade
equipment in the Council Chambers.
The attached agreement is solely for-the provision of governmental
services. At the conclusion of our negotiations, an Operating
Agreement will be presented to Council, which will cover the over-
all operation and management of Public, Education, and Governmental
Access. The County has concluded franchise negotiations and signed
an agreement with WCAT.
Doyle Detroit, Manager of WCAT, assured the City Council that WCAT
will continue the services the City is currently receiving and
adding to them slowly as they work through the change over process.
She emphasized the cooperative manner in which TCI has worked with
WCAT and offered the use of their studio for another year, if
needed. She is also in the process of looking at upgrading TV
cameras and microphones in the City Council Chambers.
Elizabeth Bue11 raised a concern that Councilman Huff-Menees
microphone may be defective because it is hard to hear what she
says.
Mr. Montgomery asked Ms. Doyle to consider situating a TVcamera so
that members of the audience can be shown as well. Ms. Doyle
stated that idea has already been discussed and included in her
proposal to the Director Of Administrative Services. She is
looking at the possibility of using robotics TV cameras in the
Council Chambers, which could be managed by one individual from
within the equipment booth.
Mr. Colvin asked under the new setup for cable access television
will Bremerton City Council meetings be telecast throughout the
County? Ms. Detroit explained most of WCAT's work with the County
will begin when the interconnect between Falcon Cablevision and TCI
Cablevision is completed. That interconnect involves a 6-month
calendar, and notice was given to Falcon by Debby Broughton, Kitsap
County Director Of Administrative Services, to begin the
interconnect on June 21. Ms. Detroit anticipates it could take 4-5
months before the actual interconnect enabling both systems to see
the same programming at exactly the same time.
Mr. Winters referenced page 2 of the contract.. Section 1, and
asked if rerunning the City Council meetings on Thursday was being
dropped? Joan Dimgf{el~, WCAT Board member, stated no, it was her
understanding the additional airing of Council meetings would
continue. Mr. W4nters suggested that the contract be amended to
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include the re-running of Council meetings would be maintained. He
asked Ms. Dingfield's opinion in keeping Bremerton's Citizens
Advisory Cable Committee? Ms. Dingfield stated she anticipated
WCAT having a great deal of citizen involvement for both the City
of Bremerton and throughout the County. This is an organization
that is very dependent upon volunteers. Mr. Winters asked if
robotics type television cameras are used, what happens to the fine
volunteers that are gaining experience to possibly go into
professional filming/camera work? Ms. Detroit stated such
individuals may be used in the control room operating the robotics
cameras; and many buildings are using this type of equipment. She
has no intention of have "staff only" in the control room. In
addition, she hires from the volunteer pool.
Mr. Neville stated his excitement over WCAT becoming a reality, and
seeing it progress into the County-wide stage; and everything in
the City's current access program would continue, with more added
as time goes on. He is anxious to view Kitsap County Commissioner
meetings on TV. Ms. Detroit stated her Board of Directors has
tasked her with the idea of having three access channels within
three years.
Mr. McConne11 referenced Section 7 - Termination of the Contract,
and questioned if it was appropriate to have the right of
termination with 30 days written notice, but to avoid termination
by curing any such breach within 90 days of notification?. Kathleen
McCluskev, City Clerk, explained the original language came from a
longer term contract, which she had hoped to have in place sooner,
and if that had happened, that particular language would have made
more sense. Ian Sievers, City Attorney, suggested having 5-days for
correcting a breach. Mr. McConne11 asked what happens to the system
if the contract is terminated for one of the listed reasons? Mrs.
McCluskey explained the "operating agreement" council will have
before them in the near future will address that issue. And, that
agreement specifies that the City's contribution and the County's
contribution to WCAT is returned to them proportionately, which
means that all of the assets of the corporation, equipment, money,
etc. If the City terminated the contract, we would get the City's
share back and then the option would be to contract with someone
else or start it up again and operate it ourselves. ME. MoConne11
stated then Channel 12, as we know it today, could cease to exist
for Bremerton, if the contract was terminated. Mrs. McCluskeV
stated yes, if the contract was terminated, the City would have a
designated cable access channel. She suggested changing curing of
the breach to 10 or 14 days, which would make more sense in the
context of this shorter term contract. Ms. Dingfield emphasized
the amount of cooperation WCAT has received from the City and the
County, which is very encouraging to their Board Of Directors.
#1761
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Mr. Fare thanked Ms. Dingfield, on behalf of the City Council, for
the amount of time she has donated to the formation of WCAT.
President Law stated he was optimistically looking forward when'
there will be three government/education channels, but questioned
if he understood correction that at this point to have more than
one channel in Bremerton, TCI would have to rewire or take over one
of the existing channels? Ms. Detroit stated Mr. Law was correct,
and she anticipates TCI will probably be thinking in those lines as
they have more product to sell. There is a strong interest in
programming on an educational access channel that would have
programming for credit ...telecourses, which would benefit the
community. She believes the first expansion channel to come will
be an educational access channel.
M/S/C/U(Neville/Winters) to approve the interim contract with WCAT
to provide governmental programming with the noted changes of the
City Council meetings to shown weekly and rerun at least once each
week; and under Section 7 - termination, the curing of a breach
time be changed to 14-days upon notification.
7B - LEASE/AGREEMENT WITH OME-COMM CORPORATION FOR USE OF CITY
OWNED PROPERTY, #AB96-171
The City Council is requested to approve the Lease/Agreement
between the City and One-Comm for lease of City owned property
adjacent to Old Belfair Highway for purposes of constructing and
establishing a communications receiving and transmitting facility.
One-Comm desires lease of the property for five years, following
which an option may be exercised for an additional five years.
Initial payment will be $5,400.00 per year, and will change subject
to local CPI upon the anniversary date of the lease.
Ian Sievers, City Attorney, noted Council was provided an
additional insert, a single paragraph, which is substitute text
under Paragraph 4 (d) Additional Consideration. That paragraph
deals with rent, base rent, utility charges, and rent increases
under (c) and (d) was an additional consideration for the City or
CENCOM to locate a transmitter onto the facilities constructed by
OneComm; and the substitute tax simply elaborates on that
additional.
Public comment - none.
Mr. Overson stated he expects the City has a rather valuable site,
and that it provides an opportunity for a tower that would reach
areas of the region that cannot be reached any other way. It
concerned him that the City was leasing out a valuable City asset
for an annual rate of $5,400. Paul x~ces, Public Works & Utilities
Department, stated $5,400 per year for that particular site does
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seem cheap at first glance; however, that price will increase, plus
the fact the City will have an antenna site on the tower, at no
charge, for CENCOM purposes. Additionally, should OneComm decide
to sublet any additional space on the tower, the City of Bremerton
would receive revenues (annually) on that activity, on a frequency
basis. There'is an industry standard of $250 per frequency. Mr.
Lucas noted OneComm has stated they will just be constructing the
tower and using it for their own purposes the first year.
Mr. Winters stated when he attended the AWC Annual Conference in
June 1996, a presentation was made to the conference delegates that
alerted governmental bodies about the siting of cellular towers
because of the new data that is being developed as part of the
wireless technology. The information given stressed there is a lot
of money to be made in this business, and it is being made at the
expense of the taxpayers' property with the industry using up 40%
of it and making tons of money. He asked Mr. Lucas what he used to
base the $5,400 annual lease amount? Mr. Lucas stated it was based
on an average of what the City is charging for other sites at the
present time. The range of tower site leases is $130.00 per month
to $2,200 per month, with the average being $620 per month. Mr.
Winters stated the state of data communication through digital
technology and the movement of that industry is much faster than
government. The City is using up to 8% of usefulness at this point
and well over 40% is being used in the private sector. He
referenced the city of Clyde Hill and the fact their Municipal Code
states that the permits and leases shall be issued on an annual
basis only, but the City of Bremerton is willing to give OneComm's
desired lease of the property for five years with an option for a
second five years, at $5,400. He will not support approving a
five-year lease unless it was at a much higher rate, and he highly
recommended the City further study digital technology.
Mr. Colvin asked the City Attorney if the additional five years was
at an escalating cost? Mr. Sievers explained the cost would
increase annually based on a cost of living (CPI) increase. There
is an option that can be exercised by OneComm for a second five
year term and what they have done to start the rent for the second
five year term is either to apply the same CPI index for the 6th
year or take the current price charged by King County for a
comparable site. A survey was taken as to what other jurisdictions
were charging, and a Rate Policy was received from King County.
The City's beginning rate of $5,400 was well within the factor for
a comparable site in King County; however they did say they were
reviewing their policies on these types of sites and were confident
within five years they would be on top of the industry and have
state-of-the-art lease prices. The city of Clyde Hill does have a
short term mandated in their Municipal Code; however, their only
lease site is on a facility and in a building that is owned by the
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City or jointly with the City of Bellevue. The City's situation is
different in that it is a different kind of lease and rate
structure in that the developer is leasing a piece of raw timbered
ground and will require OneComm to put in roads, utilities,
buildings and tower. At least the typical investment accounting
approach to this is that they need a longer term to amortize their
investment; however, in the case of Clyde Hill, the site existed on
a city owned facility. In Mr. Lucas's answer to Mr. Overson's
question, the City's charge on current leases are approximately
$180 - $200 per transmitter on the City's facility, which is
comparable to the charges by Clyde Hill. The City will charge, on
the proposed lease, if OneComm decides to sub-lease additional
transmitter spots. Mr. Colvinquestioned in the event of change of
circumstances, what provisions are provided within the contract to
allow the City to change the cost of leasing? Mr. Sievers stated
he could not disagree with Mr. Winters' point about this being a
fast evolving industry, which is his concern with a long term
lease, but in Mr. Sievers' opinion that is balanced with the cost
of the investment by OneComm. He believes, based on conversations
with King County, that their figures for leases have gone up faster
than the average cost of living, but we don't know how fast the
market for these leases will go and the best estimate made at this
time is cost of living indicator, but giving another review after
five years.
Mr. Winters stated Mr. Sievers stated King County may be the leader
in this technology or may have fallen behind. In reality, from his
biased opinion, finds that those individuals speaking before the
delegates at the AWCAnnual Conference, i.e. Medina City Attorney,
Planning Consultant for Medina, and Clyde Hill City Clerk, are
moving faster on this issue than King County. He pointed out
within the Clyde Hill lease agreement it states that all
improvements constructed by the lessee shall become the property of
the town upon their installation. The City's proposed agreement
states: "OneComm may, at any time, including any time it vacates
the premises, remove Onecomm's improvements. equipment. fixtures
and all OneComm's personal property from the premises, but OneComm
shall not be required to remove any foundations for the tower or
e~uiDment shelter nor underground cable conduit." He believes the
City should take the position that once OneComm develops the
facilities on the City's public land, all remains as City of
Bremerton property. ME. Sievers stated he believed that point
could possibly be used for further negotiations.
Mr. Nevi118 asked the location of Clyde Hill. Mr. Winters explained
Clyde Hill borders Bellerue and the reason Clyde Hill was being
used as a reference point is because of their expertise in writing
an agreement for this type of lease. Mr. Nevil~e noted Mr. Sievers
stated this contract is equal in monetary value as one the in Clyde
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Hill that provides leases for multiple transmitters. He asked Mr.
Winters if he had a recommendation for the length of a contract?
Mr. Winters stated one year. Mr. Novills doubted someone would
want to develop a site under a one-year contract with the added
expense of constructing the tower. From the information provided,
he was under 'the assumption a road already existed to the site.
Mr. Winters asked if Mr. Neville was aware as to how much money
this industry is making? Mr. Novills stated no and asked Mr.
Winters if he knew that information? Mr. Winters stated it amounts
to many millions of dollars. Also, the City of Clyde Hill had
several other companies interested in securing space on their
tower. The key to the information on this issue provided at the
AWC Conference was for cities to maintain control of the public's
right-of-way to gain revenue through the use of the land, air space
or the conduit in the ground. And, that is why a one year lease is
recommended.
Mayor Lynn Hotton assured the City Council that she felt confident
that the City Clerk, in her negotiation of the proposed lease,
would pursue the most benefit for the City. She also pointed out
Bremerton is not the Bellevue area. If the City had a population
base of one million, she could see the City commanding a higher
revenue from the tower. Additionally, OneCommwill not have their
equipment up and ready to go until a years time, and would not
derive any benefit from a one-year contract. She believes the
Administration is tracking this issue and potentially at some point
the City can achieve a higher revenue source for leasing such
sites. But, she did not believe this was the time, and if the City
made the conditions too stringent, the company could walk way from
this offer.
Mr. Overson asked if this corporation is a business operation where
by the City can derive some tax benefit? He did not want anyone to
confuse income between the lease of space and the business
activity. Steve Meadows, representing OneComm Inc., commended City
staff on negotiating the proposed lease. OneComm corporation is
not in the business of building a communication site and leasing it
for the sake of leasing as a real estate entity. They are in the
business of operating a large communication facility, which
incorporates cellular phone operation, and dispatch radio, but on
a digital secure format, paging and messaging all with one hand
held unit. The company understands the community's best interest
is served by the co-location of users on a singular tower, if
possible. That is why the proposed structure is a lattice type and
offers attachment buoys for future operators. OneCommhas received
inquiries from many operators regarding the availability of tower
space. The City has incorporated a very good control such that
they can achieve additional rental income. OneComm is not
interested in recouping a real estate return and their only
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expectation from another operator is to not interfere with their
needs and to recover some of the costs related to the construction
of the facility. In regard to the $5,400 per year lease amount,
the price per square foot on a normal capitalized valuation of that
income is in excess of $26.00 for that land. They are not building
a major road to the site, but will build a spur road to access this
particular area; and they will be bringing in utilities to the site
as well. The overall investment cost in this project is quite
expensive and he anticipates it will come to approximately
$400,000, which is not a number they can recover in a one-year time
frame. The properties referred to by Mr. Winters in the Clyde Hill
area are existing improved properties and the wireless operators
are not having to make the initial construction investment. He
urged the City Council to view this proposal with a favorable
response. Mr. Overson stated then as a business OneComm would be
paying appropriate taxes, which would be the primary benefit for
the public.
Mr. Fare asked if the proposed building would be a modular type
structure on a permanent foundation? Mr. Meadows explained the
shelter would be prefabricated concrete approved by the State of
Washington and the tower itself will be a lattice type structure
and constructed on site. Mr. Fare asked Ms. McCluskey the amount
of the tax revenue to the City, i.e. B&O, sales tax, etc., as a
result of the business? Kathleen MoCluskey, City Clerk, stated she
was not sure there would be additional B&O taxes on their business
operation. She did not know how to apportion business conducted
through the use of that tower. The City does receive the 12.8%
Leasehold Tax on all of those sites. Mr. Meadows explained there
is no accounting system that can estimate how much traffic is going
through any particular entity at any particular time. OneCommdoes
pay all State type taxes. As Ms. McCluskey pointed out, they are
paying the additional Leasehold Tax, which directly benefits the
City.
Mr. Montgomerv questioned the actual location of the site?
Lucas stated the site is off the old Belfair Highway in the
watershed just north of the Forestry Division. Mr. Montgomery
asked if there would be any runoff into the Union River from
construction activities? Mr. Lucas stated no.
TAPE #1399
Mr. Winters stated he wanted to see OneComm do business in
Bremerton and to see the City's tax base increase, but he wanted it
to be done fairly. He believed Ms. McCluskey stated she was not
quite sure if the City would receive additional revenues from the
business other than the lease amount and Leasehold tax. Me wanted
to be shown where in the lease agreement the City will collect
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additional percentages of the gross revenue that is created by the
sub-letting of the antennas onto the tower. He believes this is
not an accounting guestion, but a billing system to the users of
the antenna. He saw nothing in the agreement that entitled the
City to any percentage of that business. Mr. Sievers stated the
lease for the' sublet leases that may come about during OneComm's
lease is open and there may be a way to assess a lease payment
based on gross revenue. OneCommcannot sublease space on the tower
without the City's consent and subject to a sublease fee. He has
not found any lease from the jurisdictions they looked at that did
assess based on gross revenue, they were all at a "flat fee" rate.
Mr. Meadows re-emphasized OneComm is not in the business of making
money off of subleases. They looked at the possibility of locating
on an existing tower, but due to their needs they could not.
Mrs. Huff-Menees asked if OneCommhad any competitors desiring to
lease the subject site? Mr. Luoas stated no.
Mr. MoConne11 asked if the tower installation/equipment would
adversely impact TV reception in the Bremerton area? Mr. Meadows
stated no.
Mr. Colvin asked how OneComm made their income? Mr. Meadows
explained their business is targeted towards business and service
oriented organizations. They make their money by increasing
usership and have been in operation in Western Washington since
July of 1994. Coverage of their service is from the Canadian border
to below Portland and then further across the country. Mr. Colvin
asked if OneComm's balance sheet was available to the City of
Bremerton? Mr. Meadows stated that information should be
available.
Mr. Luoas gave a brief statement on how the City currently handles
subleasing of tower space and their monitoring procedure.
M/S/C(Farr/Colvin) to approve and authorize the Mayor to execute
the same, subject to City Administrative Policies and Procedures.
Mr. Neville asked for clarification that the site is a 45' x 45'
piece of property, and none of the roadway is being leased?
Lucas stated the size of the site was correct and OneComm is
building the access to the site from the City's road located in
that general vicinity. Mr. C01vin asked who will maintain the
road? Mr. Lucas stated the City would maintain the City's road,
but OneComm is responsible for keeping their access road clear and
free of any debris. Ms. MoCluskev explained all of the users of
the site have a clause in their contract that they contribute to
the maintenance of the main road.
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Mr. Overson asked if the City Council will get a review of this at
the 5-year option extension? Mr. Sievers stated yes. Mr. Overson
wanted assurance that before this contract is extended in five
years, it will come back before Council. Mr. Sievers stated he
felt it.would be good to review with Council what the comparable
King County site charges are for their tower spaces. If it is
lower than the simple cost of living escalator, then that would be
the price. Mr. Lucas noted additional contracts the City has
currently outstanding are being monitored prior to the expiration
date and renegotiating even on an extension of an existing contract
prior to bringing it before Council for approval.
Vote on motion:
Motion carried.
In Favor:
Opposed:
Colvin, Montgomery, Huff-Menees, Farr,
Neville
Overson, McConnell, Winters, Law
7C - APPROVAL OF 8INCLAIR LANDING PROJECT RESPONSIBILITIES BY
HOWARD S. WRIGHT, INC., #AB96-172
On August 25, 1995, the City endorsed the selection of Fletcher
Wright, Inc. following a request for proposals for the Bremerton
Waterfront and Intermodal Terminal Project by Resolution 2517. On
December 20, 1995, the City approved a Memorandum of Understanding
with Fletcher Wright, Inc. and Sinclair Landing Association to
advance the Sinclair Landing Project proposed by Fletcher Wright.
Fletcher Wright, Inc. was selected on the basis of its design,
engineering, project management, and financial resources. This
firm has reorganized to recreate the Howard S. Wright Construction
Company, and has transferred full responsibility for the Sinclair
Landing Project to this new firm. Howard S. Wright will provide
the City and other public partners with essentially the same
management team and depth of resources that were offered by
Fletcher Wright, Inc.
Ian Sievers stated the City Council held a Study Session where this
was presented and a representative spoke to the issue.
Public comment - none.
M/S/C/U(Farr/Montgomery) to City accepts the assumption of all
rights and responsibilities of Fletcher Wright, Inc. by Howard S.
Wright Construction Company for the Bremerton Waterfront
Redevelopment and Intermodal Terminal Project and all subsequent
agreements and letters of intent executed between the City and
Fletcher Wright, Inc.
N~. Montgomery noted this is only a change in name from Fletcher
Wright to Howard S. Wright, and Fletcher Challenge will continue to
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Page 15 of 20
back the Sinclair Landing project. ME. Sievers stated that was his
understanding, and more importantly than the financial backing, is
the retention of the management team involved in the project.
Mr. Winters stated he fully supports the Sinclair Land project as
well as this housekeeping procedure; however, he finds it odd that
on August 15, 11:15 A.M., Council will meet with representatives
from Howard S. Wright Construction to confirm what is being voted
on at this time.
Mr. Overson stated part of the purpose of the social gathering held
on August 2 at McCormick Woods was to meet some of the leaders of
the Howard S. Wright corporation, specifically Mr. Johnson.
Another meeting was scheduled on August 15 with some of the
management to further clarify any concerns about the change in
ownership. Based on the knowledge he has gained up to this point,
he feels confident this is merely a housekeeping item, and the
project is still moving forward with vigor and potential super
beneficial results to the City. He strongly supports this
proposal.
Mrs. Huff-Menees stated in regard to the meeting scheduled for
August 15, some of the principals the City has been working with,
Craig Norsen and Mark Johnson from the Seattle office, asked
different representatives from the City if they would like to meet
with Mr. Duff, who is with the parent company and the Council's
response was yes. In addition, the event held at McCormick Woods
was a social event, and so far, legally, Council members are still
entitled to attend such activities.
Mr. Montgomer~ stated he and Mr. Colvin were the first Council
members to arrive at the McCormick Woods event and he assured the
public that not at any one moment did five members of the City
Council ever get together. In fact, he doubted there were five
Council members in attendance at any one time. Mr. Colvin echoed
Mr. Montgomery's comments.
Vote on motion:
Motion Carried.
In Favor:
Abstain:
Overson, Neville, Farr, Huff-Menees,
Law, McConne11, Colvin, Montgomery
Winters
7D - ~ORST AREA SEWER FEASIBILITY STUDY, ~AB96-173
The Bremerton/Kitsap County Health Department has declared the
Gorst Area of Kitsap County to be a severe public health hazard due
to failing on-site sewer systems. The Cities of Bremerton and Port
Orchard, in cooperation with Sewer District #5, and the Port of
Bremerton, have agreed to participate in a feasibility study to
sewer the Gorst and industrial areas. The study will include the
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Page 16 of 20
wastewater treatment facilities of Bremerton and Port Orchard/Sewer
District #5. The request before the City Council is to approve the
participation of the City of Bremerton in the feasibility study to
a maximum amount of $22,500.00.
Mayor Lynn Horton stated the Bremerton/Kitsap County Health
Department surveyed the Gorst sewer area about 10 years ago, to
look at the prevailing septic systems, and found a number of
systems that were failing. Since that time, not much has been done
to alleviate the situation. This last year the Department re-
surveyed the area and actually expanded the number of properties
surveyed to see how the septic systems were holding up. Once
again, they determined a number of systems are indeed failing.
There are two sewer systems in the area: (1) Port Orchard Sewer
District #5; (2) City of Bremerton. The Gorst area, although in
the County, cannot be serviced by a sewer system from Kitsap
County. At some point down the road, Kitsap County may be looking
at a new sewer system in the South Kitsap area, but estimates that
may still be 5-10 years away. In the meantime, the health
situation feeding into Sinclair Inlet continues unabated. It is
logical that not only would Bremerton be one entity to provide a
sewer system, but also the outfall for the existing sewer treatment
plant goes into Sinclair Inlet, and it is imperative that
Bremerton, as a jurisdiction, do everything that it can to ensure
that the environmental viability of Sinclair Inlet increases. If
we don't, there is the possibility that at sometime in the future,
the State may request additional regulations. Also, she considers
us all stewards of Sinclair Inlet because our community surrounds
it. When the Health Department approached Bremerton officials to
see what they might do to look at the situation, it was recommended
that a consortium of entities and individuals be formed to look at
the area, including McCormick Woods, Anderson Hill area, Port of
Bremerton, Olympic View Landfill, and the surrounding property. At
the meeting, everyone felt very committed to not let another 10
years go by before the problem was addressed. The issue before
Council tonight is to look at a feasibility study of the area to
see which entity or entities would be best to provide sewer service
for the greater Gorst area, in the most economic way possible. The
total estimate for the feasibility study is $150,000, and the
contribution from the City of Bremerton would be 15%, or
$22,500.00. She believes this will be money well spent.
John Thomas, citizen, suggested that if pipes are placed from the
sewer treatment plant to Gorst, that a second set be placed at the
same time, and making the pumping stations a little bit bigger in
order to start pumping outflow up to the Golf Course as a source of
irrigation. Mayor Hotton responded that a water re-use study is
being performed right now, and ways are being looked at to
determine ways of treating and utilizing the water.
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Mr. McConne11 asked who are the members of the local improvement
district discussed in the Memorandum of Understanding? What if it
is not formed in the required 6 years? Mayor Morton responded that
she did not know who would be members of the U.L.I.D., that is part
of what the study would look at. Ian 8ievers stated the "6 years"
is not part of the binding contract at this point, and is only an
intention of the parties. Mayor Morton stated the participants who
have been meeting are resolved to sewer the area, and would like to
move forward. Mr. MaConne11 stated he hopes they do consider Mr.
Thomas' suggestion.
Mr. Winters thanked the Mayor for initiating this action, and he
fully approves.
Mr. Overson inquired if this proposal should include a budget
adjustment? Kathleen MoCluskey, City Clerk, stated the funding is
already contained in the Professional Services line item of the
Wastewater Department. Mr. Overson expressed concern that this
situation is representative of Kitsap County and/or the Health
Department not doing their job. Legally, anyone with a known point
source of pollutants should be closed down. He questioned if a
$150,000 feasibility study is really necessary to determine who
should be on sewers, when they should be on sewers, and which ones
they should be on. This should not be that difficult to determine.
Mayor Morton stated in the immediate Gorst area, those comments are
correct, but there are other players outside of the immediate area,
and she believes somewhere there will be a service dividing line.
Mr. Colvin questioned who pays for the L.I.D? Would the City pay?
Mayor Hotton stated the participants would pay, although the City
has put in a small percentage in an ordinance, that the City could
participate.
Mr. Colvin asked the capacity of the City's sewer treatment plant,
and how much higher can it go? Gone Sampler, Public Works and
Utility Director, stated Bremerton is at about 70% of its capacity,
and one of the things the study will determine is how much capacity
is required to address the issues for sewering these areas. That
is why an alternative may be to split the service area between both
plants. In that event, there would probably be two L.I.D.'s, one
for each service area. The City would be a participant, because
the City does own property in the subject area.
Mr. Montgomery stated in previous discussions with Mr. Sampley, he
learned that the plant does have the capacity, but as a result of
the study, depending on what type of industry is put out there,
will determine who gets what. It is his understanding that
District #5 does not have the capacity. With all of the hookups
they need to have south of their plant, they will have problems.
)
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Mr. Sampley stated Sewer District #5 is in an expansion situation
right now; and their concern is what that capacity is going to be
reserved for. They are contributing the same amount as Bremerton
to this study. Concerning Bremerton's capacity, it is correct that
any one industry could come in and consume a considerable portion
of the available capacity. The State requires the City to go into
a planning stage for expansion when 80% capacity is reached, and
preliminary work has already been started.
Mr. Farr stated he appreciates the fact the City is only paying 15%
of the cost of the study, and is cooperating with other entities.
M/S/C/U(Farr/Colvin) to approve and authorize the Mayor to execute
the same, subject to City Administrative Policies and Procedures.
Mr. Overson doesn't agree with the way this is being proposed, but
he does support it. He believes the citizens of Bremerton will get
their money's worth.
8A - ORDINANCE NO. 4564 (SECOND READING) EXTENDING
PROCEDURES FOR LAND USE PERMIT HEARINGS, lAB96-169
Public comment - none.
INTERIM
M(Montgomery) to not pass Ordinance No. 4564 on second reading,
extending interim procedures for Land Use Permit Hearings and
amending Ordinance No. 4550.
Motion failed for lack of second.
M/S/C(Overson/Colvin) to pass Ordinance No. 4564 on second reading,
extending interim procedures for Land Use Permit Hearings and
amending Ordinance No. 4550.
Vote on motion:
Motion Carried.
In Favor: McConnell, Colvin, Winters, Huff-
Menees, Farr, Neville, Overson, Law
Opposed: Montgomery
8B - ORDINANCE (FIRST READING) TO ESTABLISH SEWER FRONT FOOTAGE
FEES FOR NORTHLAKE WAY~ PROVID~ CONDTTTON~T. REBATRS OF SURCHARGES
UPON ANNEXATION~ AND AMENDING ORDINANC~ NO, 4529, #AB96-174
This request for an ordinance amendment adds two new sections:
(1) New Article II.(a)(2)(c) for a change to the Assessment Rates
under "Front Footage Fees". This would only affect those
properties not included in Utility Local Improvement District
(ULID) #327 and assesses a $64.30 charge per foot.
(2) New Section 2 for a conditional rebate of surcharges paid by
owners outside City limits who have applied for and are receiving
City utility services. The rebate would be made if annexation into
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Page 19 of 20
the City limits occurred within 12 months from the date fees were
paid. Method of rebate would be as outlined in the Outside
Utilities Agreement.
Mr. Sampley stated this Agenda Bill addresses two issues: (1) the
issue of latecomers who have recently jointed the Kitsap Lake sewer
extension that was recently completed; (2) L.I.D. #327, the
properties on Northlake Way. The City has received requests from
property owners in that area to be hooked up to the sewer. His
department reviewed the cost as close as possible to the cost per
foot basis for a front footage fee that could apply to latecomers
and calculated that to be $64.30 per foot (minimum 50 foot
frontage), which would equalize their cost for hooking up to the
sewer with the City residents involved in the L.I.D. The County
properties were invited into the U.L.I.D. initially and chose not
to participate. Under the City current ordinance, without this
modification those hook ups could be made at $12.00 per foot
for County residents and $8.00 per foot for City residents.
The second issue was one in which they have had some discussion at
staff level and with Mayor Horton. The Mayor has initiated the
policy, subject to Council's approval, that would reimburse the
County surcharge on front footage and facility fee, which is a 50%
surcharge, for those properties that would be incorporated into the
City within 12 months of annexation. It does not affect the retail
rates that would be paid until such time those properties would be
annexed. This would be an incentive to try to encourage property
owners to cooperate together to bring about an annexation that has
some order to it. He urged Council to approve the proposal as
presented.
Gordy Byrd asked what was the basis for the difference between the
$8.00 per foot fee and the $12.00 per foot fee? Mr. Sampley
explained both the sewer and water utilities have been developed
primarily for the benefit of the citizens of Bremerton. It is
common practice throughout the countryto have a surcharge to those
users that are outside of the corporate limits of the City. That
surcharge on hook up fees is normally 50%, so the City is
basically following established procedures in most entities. The
$8.00 fee is the rate established for front footage fee and the 50%
surcharge fee amounts to $4.00, thereby making the non-resident fee
of $12.00 per square foot.
Mr. Overson questioned if it was legal for the City to ask non-city
residents, who wished to hook up to City sewer and be part of ULID
#327, to pay 8 times the amount per foot than anyone else?
Tsa Sievers, City Attorney, stated Mr. Sampley may want to explain
the basis for this particular utility fee. Front footage billing
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is to reimburse the average actual cost of the main installation.
A separate classification was set up because a more precise actual
cost of the main fronting the County. properties was developed. Mr.
Overson stated the City does not charge most citizens actual costs.
Mr. Sampley stated it should be pointed out that this particular
sewer extension went the full length of Northlake Way in order to
reach the U.L.I.D. area and all of the parties were invited to
participate. He emphasized the real issue is one of equity. Mr.
Overson asked, based on equitability standpoint, did Mr. Sievers
believe the fee would stand up to scruteny? Mr. Sievers stated
possibility the City's other rates are too low, but the fact that
some people are getting a break doesn't mean the City can't charge
these persons more accurate assessment of the front footage fee.
Mr. McConne11 asked the cost of the front footage fee for the
U.L.I.D. participants? Mr. Sampler explained the parties in the
U.L.I.D were assessed a per hook up assessment amounting to
approximately $5,300 per lot.
Mr. Winters asked who came up with the idea to create an equity
incentive? Mr. Sampley stated he and his staff, with Tim Richard
leading the charge, were concerned with the late hook ups and
pursued development of the proposed fees. Mr. Winters complimented
the Mayor and staff for developing incentives for the public and
ways for them to become involved in the system.
M/S/C/U(Winter/Colvin) to approve ordinance on first reading,
establishing a conditional rebate for utility services provided to
individuals outside the City limits upon annexation into the City
of Bremerton within a prescribed period of time, and amending
"Front Footage Fees" for those properties not included in Utility
Local Improvement District (ULID) #327; and amending Ordinance No.
4529.
President Law thanked the TV camera crew for their services: Erin
Daniels, James Noble, Mike Pebbles, and Nadine Price.
With no further business meeting adjourned at 7:56 P.M.
/ '~T~~H~ENQJ~L-M~
JOE.~~W,~ies ident
City Clerk
City of Bremerton
KLM/JL/me
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