HomeMy WebLinkAbout06/19/96TAPE #1387
UNAPPROVED DRAFT
COUNCIL
APPROVED
JUNE 19, 1996
CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
#0063
#0067
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, June 19, 1996, at 5:30 P.M., with
Council President John Law presiding. Council members present were
Bob Winters, A1 Colvin, Cecil McConnell, Carlos Montgomery, Sherril
Huff-Menees, David Farr, Richard Neville, and Lon Overson. 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 Chaplain Bob Miles of Belmont
Terrace Convalescent Center.
CONSENT AGENDA
A. Minutes - May 29, 1996
#AB96-127
Bid Award to SiteLines Park & Playground
Products for Playground Equipment
#AB96-128
Budget Adjustment - Expenditure Of Unplanned
Revenue/Parks And Recreation Department
#AB96-129
Bid Award To Hydro Gate Corporation For
Pre-purchase Of Hydraulic Gates (Union River
Projects)
#AB96-130
M/S/C/U(Neville/Colvin) 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 June 19, 1996, the Council does
approve for payment those vouchers included and further described
as follows: 198729 through 198928 in the amount of $455,165.05.
COUNCIL MEMBER REPORTS
Mr. Winters reported on June 15, as Mayor Protem, he attended the
dedication ceremony for the American Legion Field. At that
ceremony, the City received an award from the Bremerton School
District recognizing the City's contribution for the first phase of
the improvements of the American Legion Field. Also as Mayor
TAPE #1387
City Council Reg. Mtg. Minutes
June 19, 1996
Page 2 of 19
Protem, he presented Patrick Hirsch with a Certificate Of
Appreciation in recognition of his service as Bremerton Community
Access Television Manager. Patrick's contribution to the community
through his work with BCAT were extensive and he will be missed by
many. Patrick Mirsch thanked the Mayor and City Council for the
certificate and stated there have been certain times,over the past
few years, such as concerts on the boardwalk, Blackberry Festival,
etc., where amid all the chaos there was always time to look at the
Olympic mountains or see Mt. Rainier, which reminded him how
fortunate he was to have landed in such a great place. He thanked
the City for allowing him to be part of the community and he has
been blessed to work with a great organization, TCI, who has been
a great supporter as well as his wonderful co-workers, Bob Neill
and Nadine Price, Erin Daniels and the dozens of volunteers. He
feels confident with the support of the new non-profit Cable Access
group, Kitsap County, the City and TCI the Cable Access programs
will continue to blossom.
Mr. Mcntqomery reported he attended the following events: June 15
- dedication of the Marvin G. Shields Barracks at Puget Sound Naval
Shipyard, a project that was long over due by about 40 years;
dedication of the Max Hale building, located on 5th and Pacific;
June 14 - Flag Day ceremony on the boardwalk. It concerned him
that there was no mention of the Flag Day ceremony in Saturday
edition of The Sun. He sees that as being derelict on the part of
the newspaper in following through on community projects. He
cautioned drivers traveling west on llth Street where it turns
right onto Kitsap Way to be aware of the 18" yellow line with
traffic control buttons restricting only a right turn at that
intersection.
Mrs. Huff-Menees reported the Sinclair Landing Association will
hold their monthly Board meeting June 20, 2:45 P.M., at the
Washington Mutual Community Room. She reminded the public they are
welcome to attend those meetings. On June 18 she had the
opportunity to participate in a panel presentation before the
Washington State Transportation Commission. The Commission
apparently takes an opportunity to move around the State and hold
their meetings in different locations. The Sinclair Landing
Project was presented by a panel, which was very well received and
a number of compliments were made by the Commissioners on how well
the project has been put together as well as a lot of encouragement
for its success. The City also had the opportunity to address the
Commission with respect to transportation issues and funding issues
that will be significant to Bremerton in the upcoming bi-annual
budget.
Mr. Farr stated he has heard from a reputable source that some type
of physical work is taking place inside the Admiral Theater. He
TAPE #1387
City Council Reg. Mtg. Minutes
June 19, 1996
Page 3 of 19
extended an invitation to someone from that project to come before
Council and give an update report on the project during Public
Recognition.
Mr. Neville congratulated all Bremerton High School graduating
seniors, especially his son. He attended a meeting on June 18,
where the City discussed removing parking from planting strips.
That meeting drew a small group of residents, but it did generate
a lively discussion and was a learning process on both sides. In
stead of targeting Council districts, the Engineering Department
will break the area into a couple of blocks at a time so that there
can be more individualized attention given. The first area to be
targeted is Park Avenue, Broadway Avenue and 13th Street.
Information will be delivered to the residents in those areas by
the Engineering Department. Now that school is out, he encouraged
parents to pick up the current Parks and Recreation Schedule Of
Events.
Mr. Overson reported on June llth through 14th he attended the
Association Of Washington Cities (AWC) annual conference in the
Tri-Cities area, which he found to be an excellent session. He was
able to bring back timely and good information from that conference
and pass it on to City staff. He enjoyed the warmweather, but was
glad to return to the Puget Sound area where it was a little
cooler. He also attended the dedication ceremony for the Max Hale
building, which is now open. The original structure of that
facility was retained and the new structure was blended in making
it a beautiful refit of an old historic building within the City.
Residents are moving into the facility; however, what they are in
need of is someone to take over the retail space fronting on
Pacific Avenue. He pointed out on the "no parking on planting
strip issue", the City is merely responding to a State mandate.
Mr. McOonnell reported he also attended the AWC annual conference,
which he found to be very informative and they did utilize the
conference time to its fullest. Two weeks ago he brought up an
issue about a noise problem caused by a parking lot sweeper. He
was pleased to report that wheels of justice do grind and action
was taken today, by the City, to try and stop the noise nuisance.
He expressed his appreciation to the City for taking that action.
Mr. Colvin stated he also attended the AWC Annual conference where
he learned that others around the State are interested in what is
going on in the Bremerton area. He requested other Council members
through out the State show their support of Bremerton securing the
USS Missouri, as a tourist attraction, by passing Resolutions
stating that support. At the conference, he met a man, who
immigrated to the United States and at age 18 started elementary
school and now holds a P.H.D. One thing that did concern him about
TAPE #1387
City Council Reg. Mtg. Minutes
June 19, 1996
Page 4 of 19
the conference was the lack of a United States flag at the closing
ceremony. While he was at the conference, he passed on the idea of
making computers available to young people, whose parents cannot
afford to buy a computer, so they can learn how to use them and
keep up with the new way of gaining public information. In
response to that suggestion, he received a letter from Bill Provost
informing Mr. Colvin that the local Librarian contact the State of
Washington to see if there was some State assistance, to provide
such a service to youth, still available.
Mr. Law noted Ellie Overson, wife of Councilman Overson,
represented District #4 at the various dedication ceremonies and
functions this past weekend. District #3 held a Neighborhood
Meeting on June 18, which was very interesting, and he appreciates
the constituents sharing information with him and supporting his
meetings.
PUBLIC RECOGNITION
Jack Lefcoski pointed out an error in a recent newspaper article in
The Sun that stated the City's patrol boat for Police and Fire
response was used on Kitsap Lake. He assured the public the City
has never used that boat on Kitsap Lake. It did concern him that
the City would not or could not accept an offer from Cliff's Cycle
for the use of a donated jet ski for patrolling Kitsap Lake because
it lacked the proper lights, horns, sirens or proper markings.
Shannon Kraetsch announced the Harrison Hospital Auxiliary will
hold a Blood Drive on June 24, 11:00 - 5:00 P.M. Anyone needing
additional information about the Blood Drive can call 792-6771.
Matthew Palermni assisted Shannon by handing out a brochure to the
Council members.
Carole Atkinson, Bremerton Main Street Association, announced
commemorative bricks purchased over the winter were recently
installed on the boardwalk. New brochures and flyers are being
distributed announcing the availability of bricks and granite
plaques. She noted Main Street worked with Patrick Hirsch on
several events and they are also sorry to see him leave the public
access program.
Gene Hart thanked the citizens of the 23rd Legislative District,
who helped make the Book Sale at the Kitsap Regional Library a
success. Over $1,000 was raised through that event and will be
used to make improvements at the Regional library.
7A - INTERLOCAL COOPERATIVE AGREEMENT BETWEEN KITSAP URBAN COUNTY
AND THE CITY TO FORM A HOME CONSORTIUM, #AB96-131
The City of Bremerton and Kitsap County agreed to enter into an
Interlocal Agreement to form a HOME consortium last year, however
#1032
TAPE #1387
City Council Reg. Mtg. Minutes
June 19, 1996
Page 5 of 19
due to technical issues at HUD, the agreement was not recognized.
There is a concern that Congress will reduce the amount of funds
appropriated under the HOME program. This could result in the City
of Bremerton not receiving any HOME funds in future years. By
forming a consortium with Kitsap County, we will increase the
probability of receiving a HOME allocation. The attached agreement
defines the relationship between the City and Kitsap County. These
federal funds can be used for housing which serves low income
people whose gross annual incomes do not exceed 60% of area median
income. The City of Bremerton's HOME allocation for 1996 is
$391,000.
Deborah Peavler-Stewart, Department Of Community Development,
stated the City currently uses the HOME Program to fund housing
rehabilitation along with the Community Development Block Grant
Program for neighborhoods within the City of Bremerton. HOME funds
come from the Department Of Housing and Urban Development (HUD) and
can be used to assist activities such as home buyer program, home
buyer rehabilitation, rental production and rehabilitation and also
tenant based assistance. The cooperative agreement between the
City and Kitsap County will help to ensure that both entities will
receive HOME funds in the future.
Public comment - none.
Mr. Farr asked Ms. Peavler-Stewart to identify the annual income
levels that would make people eligible for this program? Ms.
Pearlet-Stewart stated for actual home buyers and homeowners the
amount is 80% and for rental programs it is 60%. A median family
income would be $35,900 for a family of four persons and that
figure would change depending on the number of people within a
family. Mr. Farr stated he has seen several homes that had been
refurbished through this program and to him that is a real benefit
to the person obtaining the funds as well as the community and
immediate neighborhood. He asked if the program had excess funds
available or were they all committed? Ms. Pearlet-Stewart
encouraged any homeowner in the community that is at the 80% level
to contact her office because funds are available.
M/S/C/U(Huff-Menees/Winters) to authorize the Mayor to sign the
Interlocal Agreement for the HOME program years 1997 - 1999.
7B - 8R304 TRANSPORTATION IMPROVEMENT PROJECT, PROFESSIONAL
SERVICES AGREEMENT WITH KCM, INC., TO PROVIDE A VALUE ENGINEERING
STUDY, #AB96-132
The Final Environmental Impact Statement for the SR3/SR304
Bremerton Ferry Terminal to Gorst Vicinity Transportation
Improvement Project is nearly complete. Staff and the consultant
have been developing the Design Report, which includes 30% design
TAPE #1387
City Council Reg. Mtg. Minutes
June 19, 1996
Page 6 of 19
plans, on the SR304 portion of the Project. The SR304 portion of
the project will be implemented over the next few years. A Value
Engineering Study is required by the Transportation Improvement
Board to receive project funding. The current stage of the project
is an appropriate time to perform the study.
The City of Bremerton has negotiated a Professional Services
Agreement with KCM, Inc. to provide a Value Engineering Study,
including a risk management analysis, in an amount not to exceed
$31,959. The cost of this study will be borne proportionally by
all the project funding partners. The study is scheduled for the
week of June 24, 1996. Staff recommends approval of the
Professional Services Agreement.
Rangy Witt, City Engineer, stated past experience has shown that
Value Engineering studies are beneficial to the City. This review
process involves placing a design in front of a group of engineers,
who then find every way possible to do the project better. The
participating engineers are not associated with the project, so
they start with a clean slate and do not have any biases about the
project. The most notable project that used this type of process
was the Callow Avenue Basin CSO Reduction project where the outfall
was moved and resulted in a significant cost savings. He believes
the subject project is in a good position to make changes that may
be recommended from this process. Mr. Witt pointed out this firm
has been used on other projects and urged Council's approval of the
agreement.
Public comment - none.
Mr. Winters asked except for any cost savings on a project, what is
the single most important thing the engineers do when reviewing
projects? Mr. Witt explained the engineers look at the feasibility
of the project, the design, and question if it makes sense. The
end product the City will receive will be a series of suggestions
for the project, some will be a cost savings, but others may cost
the City money. Then it would be his job to pick and choose which
suggestions to accept and incorporate into the project. Mr.
Winters asked Mr. Witt the amount of the cost savings resulting
from having a Value Engineering Study on a recent project?
Witt stated in the original Engineering report on the Callow Avenue
CSO Reduction project the outfall was designed for one area;
however, the Value Engineering review questioned why wasn't the
outfall located closer to the source. Even though their
recommendation for relocating the outfall was not feasible, it
brought up a good point and another location was identified, which
resulted in a significant cost savings.
Mr. Overson stated he was familiar with the Value Engineering
#1420
TAPE #1387
City Council Reg. Mtg. Minutes
June 19, 1996
Page 7 of 19
concept, which was used by a company he worked for in Tennessee and
the primary reason they used it was to essentially re-engineer what
had already been engineered, but to do it from a new prospective.
Following on with the new management training section of "THE SEVEN
HABITS OF HIGHLY SUCCESSFUL PEOPLE" where they teach you to think
from the end, the people in this value engineering process imagine
that the product is already installed or complete and how it would
or would not work, and they can inject some savings and benefits
that far exceed any cost for the study. Mr. Witt stated the other
cost savings benefit for this project is the fact that almost all
of the engineers being used for this study are from public agencies
(some participating agencies on the project), i.e. Kitsap Transit,
Kitsap County, WSDOT, Clark County, etc., which reduces the cost
for engineering services. The costs associated with the study
includes paying one half the cost of one person from Parametrix
Inc. Kitsap County and City of Bremerton engineering staff members
will also be on the review team along with representatives from
Kitsap Transit.
Mr. Neville noted the schedule shows the City has already delivered
the project materials to the team members. Mr. Witt stated that
was correct and as mentioned in the Summary Statement, the Value
Engineering Workshop is scheduled for the week of June 24. This
issue was rushed through Council committees because the final
contract was not negotiated until the week of June 17th and it was
quite an effort getting this large a group together on a specific
date. Mr. Neville questioned when Mr. Witt anticipated receiving
the final engineering report? Mr. Witt stated his experience has
been the Value Engineering report can be delivered within a month
of the review. Mr. Neville stated his support of this proposal
based on the fact previous Value Engineering studies have saved
Bremerton taxpayers lots of money.
Mr. Farr stated during discussion on this issue at the Fiscal and
Budget Committee meeting, Mr. Witt indicated now there is more
information available on right-of-way acquisition for this project
and members of the public can access that information. Mr. Witt
encouraged anyone concerned about property acquisition or wishing
to know the status of the project to contact the City Engineering
Department.
M/S/C/U(Neville/Montgomery) to authorize and direct the Mayor to
execute the attached Professional Services Agreement with KCM, Inc.
to perform a value engineering analysis of the SR304 Transportation
Improvement Project in an amount not to exceed $31,959, subject to
City Administrative Policies and Procedures.
7C - AMENDMENT #1 TO BREMERTON HOUSING AUTHORITY CONTRACT FOR
SUPPLEMENTAL LAW ENFORCEMENT SERVICES, #AB96-133
#1529
TAPE #1387
City Council Reg. Mtg. Minutes
June 19, 1996
Page 8 of 19
The purpose of this Amendment is to provide additional hours of
overtime for specific drug and gang intervention in the Bremerton
Housing Authority's Westpark complex. BHA will provide additional
funding for a three month period to address their concerns in this
area.
Public comment - none.
Mr. McConnell asked if the Budget Adjustment approval needed to be
part of the motion? Kathleen McCluskev, City Clerk, stated yes.
Ian Sievers, City attorney, suggested the motion state: "Move to
approve the agreement for additional law enforcement services and
approve Budget Adjustment".
Mr. Overson pointed out this is a win-win extension of the contract
with the Housing Authority, particularly since they are funding the
additional services.
M/S/C/U(Montgomery/Colvin) to approve the agreement for additional
law enforcement services and approve Budget Adjustment #96-21.
7D - CONTRACT FOR UTILITY STATEMENT PROCESSING WITH FISERV FORMS &
GRAPHICS, #AB96-134
The City presently bills its utility customers using a "data-
mailer" type form which is produced by staff on the City's computer
equipment. It has been determined that a better billing format can
be provided to our customers at a lower cost by entering into the
proposed contract for statement processing. Under the proposed
agreement, the contractor will accept a computer file from the City
and print, fold, stuff, and mail utility bills from it for a unit
cost of $.15 per bill.
Kathleen McCluskey, City Clerk, stated by contracting this service
out, the City will save approximately $6,500 per year and about 4
hours of staff time per week. It also creates the ability to send
out newsletters and information to the public, which is not an
option under the current method of billing. In addition, a lot of
public comment received indicated the current data mailers were
difficult to read and some had difficulty inserting their check to
mail back to the City. The format of the new bill will be similar
to that used by Puget Power. The City of Bainbridge Island has
used the services of the subject company for approximately one
year. The company was asked what they would do if they had
mechanical failure of their equipment and their response was they
have a number of backup systems in place ranging from hand stuffing
mailers to using one of their other sites. Currently, if the
City's computers are down the billing process is totally shut down
until the equipment is back up and running.
#1891
TAPE #1387
City Council Reg. Mtg. Minutes
June 19, 1996
Page 9 of 19
Mr. Winters asked the number of billings being sent out? Bill
Eley, Information Services Manager, stated approximately 8,000
customers are billed per month.
Public comment - none.
Mr. Montgomery asked if the new system would allow for future
changes to the format? Ms. McCluskey stated it would be easier
than the current system, but not without cost for setup.
Mr. Colvin asked how many other cities use this billing process?
Ms. McOluskey stated she was only aware of the City of Bainbridge
Island; however. this company serves a lot of banks and credit
unions and have a very large client base.
Mr. Overson asked Ms. McCluskey to explain why a Budget Adjustment
was not necessary for this item and changes happening within the
City that fall out from this contract? Ms. M$Cluskey stated a
Budge Adjustment was not necessary because Administratively they
did not need expenditure authority since there was no transfer or
movement of money. The dollars that will be saved will stay in the
Utility and roll over into the 1997 budget. Mr. Overson stated for
clarification no personnel were being eliminated and it would not
change work that people do. Ms. McCluskey stated Mr. Overson was
correct. There is a lot of volume of work in Utility Billing and
Customer Service that either that is not being done or not being
done to the level they would like it to be
Mr. Farr asked if this new process would enhance or complicate
customers' ability to get answers to Utility billing questions?
Ms. McCluskeV stated only the billing will be handled by this firm
and they will have no involvement with the customers, giving out
information or dealing with money. The Customer Service personnel
at the Utility building will be the ones responding directly with
the public.
Mr. McConnell asked if the City currently has the equipment needed
to transmit that information to the new firm. Ms. McCluskey stated
yes.
M/S/C/U(Huff-Menees/Montgomery) to authorize the Mayor to sign the
proposed contract for utility statement processing.
8A - ORDINANCE #4559 (SECOND READING) CONFIRMING FINAL ASSESSMENT
ROLL FOR L.I.D. #328, WHEATON WAY SEWER, #AB96-125
President Law announced all the Council members, who were absent
the previous Council meeting, were asked to review the tapes of the
presentation at first reading. He then asked the "Appearance Of
Fairness/Conflict Of Interest" question with all Council members
#1966
TAPE #1387
City Council Reg. Mtg. Minutes
June 19, 1996
Page 10 of 19
being seated.
Public comment - none.
M/S/C(Farr/Montgomery) to pass Ordinance No. 4559 on second
reading, adopting and confirming the assessment roll for Local
Improvement District No. 328 providing for the improvements by
extension of sanitary sewer in Wheaton Way as described in
Ordinance 4460 providing for the levying and assessing for the
costs and expense thereof against the parcels and lots of land
within the boundaries of said improvement district; providing for
the collection thereof; creating and establishing a special fund
therefore.
Vote on motion:
Motion carried.
In Favor:
Abstain:
Neville, Farr, Huff-Menees, Law,
Montgomery, McConnell, Colvin, Winters
Overson
8B - ORDINANCE (FIRST READING) AUTHORIZING A BORROWING OF $237,000
AND ACCEPTING THE PURCHASE OFFER OF SEAFIRST BANK, #AB96-135
By prior action, the Council has authorized the replacement of the
City's main computer system. Staff has negotiated the financing
needed to allow for the replacement project to go forward. The
proposed Ordinance will authorize the City to borrow $237,700 from
Seafirst Bank to be repaid over a period of four years with
interest at 5.2%.
Kathleen McCluskey, City Clerk, stated the purchase of the new
computer system was approved in the 1996 budget and they have
proceeded with acquisition. Part of the $344,500 is being paid
this year and the remaining amount will be financed over the next
four years. She pointed out the bonds are tax exempt and the
ordinance will have two readings, not an emergency reading, because
a set rate has been negotiated. The cost of external financing was
reviewed verse internal financing with the outcome that it was less
expensive to use the external financing.
Public comment - none
Mr. McConne11 referenced Section 8 of the ordinance and questioned
if borrowing these funds meant City taxes will increase in order to
make repayment? Ms. McCluskey stated no, when this project was
budgeted in 1996, the City made a commitment to the debt service
over the next five years. Mr. McConnell asked for clarification of
the kind of equipment being acquired? Ms. McCluskey stated in
addition to the tower a number of PC's are included along with
networking the entire City, and the Police Department's new
software system that has been installed.
#2194
TAPE #1387
City Council Reg. Mtg. Minutes
June 19, 1996
Page 11 of 19
Mr. Colvin asked the City Attorney to clarify the meaning of
Section 8 - Pledge Of Taxes? Ian Sievers, City Attorney, stated
the City is only pledging to include in any tax levy that Council
approves annually an amount up to our constitution and statutory
limit. The City is currently at that limit and there is nothing
stated that the City would need to go to the public for a
supplemental levy.
M/S/C/U(Montgomery/Farr) to approve ordinance on first reading,
relating to contracting indebtedness; providing for the issuance,
specifying the installment payments, interest rate, terms, and
covenants and fixing the form of a $237,700 par value Limited Tax
General Obligation Bond, 1996, of the City for general City
purposes to provide funds with which to pay the cost of upgrading
an existing City computer system and acquiring new computer systems
and equipment; establishing a bond redemption fund and an
acquisition fund; and approving the sale and providing for the
delivery of the bonds to Bank of America NW, N.A., doing business
as Seafirst Bank.
8C - BUDGET ADJUSTMENT REOUEST, COMPUTER REPLACEMENT PROJECT,
#AB96-136
This adjustment will provide the expenditure authority necessary
for the financing and acquisition of the City's new computer
system.
#2240
Kathleen McCluskey, City Clerk, pointed out Computer Acquisition
Project Financing sheet shows the comparison between external
financing and internal financing.
Public comment - none
M/S/C/U(McConnell/Huff-Menees) to approve Budget Adjustment Request
No. 96-19.
9A - CONTINUED PUBLIC HEARING AND ORDINANCE (FIRST READING) FINAL
ASSESSMENT ROLL FOR U.L.I.D. #327, KITSAP LAKE SEWER, #AB96-124
Kathleen McCluskey read the following letter into the record: David
Viera and Alice Viera - ULID #327 and assessment - We strongly
protest the above tax assessment. It is illegal, improper and
unjust.
The property faces Lebers Lane NW, which belongs to the County not
the City of Bremerton.
Please note that there are only three properties facing the left
side of Lebers Lane: the Griffith in the corner, ours in the middle
and the Foxes at the end. Lebers Lane deadends at the U.S.
TAPE #1387
City Council Reg. Mtg. Minutes
June 19, 1996
Page 12 of 19
Railroad Track. Judy Fox's property is in the County, not in the
City. The Griffith's and ours is in the City of Bremerton.
Cutting up or circuiting the boundaries of the City in this manner
is ridiculous, This has to change. This is one way the City of
Bremerton could impose an assessment towards homeowners, like the
Giffiths and us. This is an improver tax assessment.
The only reason the City of Bremerton included our property was
because our neighbor Robert and Grace Griffith requested that they
be included in the ULID, with the notion, misunderstanding and
misinformation given to the Griffiths, that the sewer line be
extended straight through North Lake Way, where both of our
properties could be hooked up to it by gravity feed. See drawing
attached. They thought they are doing us a favor, by requesting to
be included so we could be included too.
Upon finding this is not the case, since the ULID sewer line is
stopped (stubbed) about 60 feet BEHIND our property, and not
extended to our properties at North Lake Way and each of our septic
tank is about 50 feet in front of the house. He has written you a
letter protesting the tax assessment and wanted his property out of
the ULID district. We are now adjoining the Griffiths to do the
same and STOP the City from assessing both of the properties.
The locations of our septic tank is 50 feet in front of our house
at the same level as the griffith's septic tank. We hired a Civil
Engineer to do an engineering survey, measurements and estimates of
the cost to access the sewer line. To connect to the sewer line
requires a lot of ditch digging, about 300 feet of sewer line,
breaking up of concerted and asphalted driveways, removal and
proper disposal of the hazardous debris, re-concrete and re-
asphalting and use of a larger capacity pump to pump the waist 45
degrees up, will cost us about $25,000. Maintenance of the pump
will also cost us.
Additionally, our house is BERMED, that is the roof line is only
less than 2-feet above the ground. It is at the same level as the
stub end sewer line. The location of the sewer line will have an
adverse environmental impact upon our properties in case of a break
in the sewer line. Raw sewage will spill or permeate the roof and
the three surrounding walls, which is bermed with soil. The City
could pay penalties or be fined by EPA and we could file charges
for damages. There will be an environmental impact if sewer line
is dug up, and pump up right above our roof line. This is against
environmental law.
The location of sewer lines will also adversely affect our property
values, because of potential health hazard and/or soil pollution.
Randy Witt, City Engineer, admitted to us in 1995, that we are
TAPE #1387
City Council Reg. Mtg. Minutes
June 19, 1996
Page 13 of 19
located in a different ridge line.
Being retired and in a fixed income, we could not afford this
assessment. It will entail a financial hardship for the Griffiths
and us.
We may agreed to the assessment and not bring a lawsuit to the City
of Bremerton for illegal tax assessment if the sewer line is
brought and extended up to the point where the Griffith's property
and ours meet at Northlake Way.
This letter is also to inform you that it is against the law in the
State of Washington for any city or county to force payment and
assess a homeowner for any community improvement, where the
homeowner cannot have access to it, nor make use of it or receive
a benefit from it.
The contour elevation, dimensions, location and distances and
locations of the septic tanks on both properties does not allow
access to the sewer line.
Therefore, the City of Bremerton is forcing us to pay for a tax
assessment for a community improvement where we do not have a
benefit of. access of, or use of it. This is taxation without the
benefit. If enforced, we have the legal right to sue the City of
Bremerton.
Robert and Grace Griffith and us will join forces to protest the
tax assessment and request that our properties be OUT of the ULID
#327 district and OUT of the City of Bremerton. Sincerely,."
President Law asked the "Appearance OF Fairness/Conflict Of
Interest" question with all Council members being seated. He also
noted that the four Council members absent from the previous
Council meeting did review the video tape of that meeting.
Randy Witt, City Engineer, provided the following responses to some
of the issues raised on this item at the June 12 City Council
meeting: (1) Myrna Peterson's letter addressed the fact that she
is on a fixed income and the assessment would place a hardship on
her and could the City assist her in some way. Ian Sievers, City
Attorney, stated it appeared that the protest filed by Mrs.
Peterson and also the information given in the Viera's and
Griffith's letters stating their protest, all three of these
property owners may qualify under a State program for deferral of
special assessments imposed by the City, including this sewer ULID.
The program is set forth under RCW 84.38.010 and allows a deferral
by making application through the County Assessor. The State
Department Of Revenue has appropriated funds to pay the City for
TAPE #1387
City Council Reg. Mtg. Minutes
June 19, 1996
Page 14 of 19
those particular annual assessments, which are deferred, and the
owners must select a method of repayment of the assessment.
Deferrals can be made up to 80% of the property owners equity in
the property. This would be a lien on the property in favor of the
State and would have to be repaid eventually, either upon sale or
condemnation of the property, death of the owner, an income level
that disqualified the owner from the deferral, or termination of
the property as the principal resident of the owner. Again, this
program is available to elderly persons 61 years or older with an
annual adjusted income of $34,000 and that income is defined in
State law. He was sure this information would be sent to the three
property owners, who protested, as well as the other property
owners within the benefitted area.
Mr. Witt stated the second series of questions were raised by
Robert Griffith: (1) it does not make sense to provide sewer to the
property, sewer line extends to the end of the street easement.
which does not abut the DropertV and access to the sewer system
will require Dumping and a line across other property. Mr. Witt
noted Mr. Griffith would be required to gain an easement across his
neighbor's property to gain access to the sewer line. He also
noted this property does tend to fall away from the assessment
district. During the initial formation of the district, the
Griffith's property was not included based on the crest of the
ridge. During the signature collection process, Mr. Griffith
requested his property be added to the district and he signed the
petition accordingly. A discussion was held with the City Attorney
as to how the City could provide sewer service to that property
since it is not adjacent to where the sewer service would end. The
City Attorney provided documentation about Mr. Griffith's ability
to obtain an easement, which resulted in their modifying the
district. The requirement of a pump is not unusual in this
district, all of the properties fronting on Kitsap Lake are down
hill from the sewer line and will have to pump sewage up to it, nor
is Mr. Griffith's pumping distance the longest.
At the previous Council meeting, Mr. Lefcoski addressed eight
points, and as stated in his letter: requested the City to provide
ditching assistance to Mr. Griffith, asked that the County
residents on Northlake Way, who want to connect to the sewer main,
be required to pay a connection fee at the same rate as the LID,
and that the fees collected be credited to the LID; that Kitsap
Lake Road was the first one done under the City's new Street
Standards where the entire street was overlaid rather than just
paving over the ditch line; the term of the LID should be longer
than 13 years. Mr. Witt noted Mr. Lefcoski received a written
response to his letter from the Engineering Department prior to its
being read into the record at the previous Council meeting.
Regarding providing a sewer line ditch for Mr. Griffith, that
TAPE #1387
City Council Reg. Mtg. Minutes
June 19, 1996
Page 15 of 19
would constitute use of public funds on private property, which is
not something that is construed as something the City should do.
Council may consider the suggestion, in the letter, of making that
a public extension down from the Griffith property through the
Viera's property. In regard to the issue involving County
residents, those residents do not desire to be in the LID at the
time it was formed. The City does intend to set up a special front
footage fee in that area that is commensurate with the LID rates
and the fees collected would go to the City sewer fund to off set
the City's $300.000 contribution to the project. To date no County
residents have requested service; however, two County residents did
request construction of laterals to their properties, which have
been installed at their expense. Paving the entire width of Kitsap
Lake Road was addressed in the letter to Mr. Lefcoski and at a
public meeting on June 10. He wished to correct Mr. Lefcoski's
earlier statement that this project was the first to receive an
entire road overlay under the new rules. The sewer extension up
Werner Road was actually the test case where the City learned it
did not cost significant more and resulted in a much higher quality
product when the entire roadway was overlaid rather than just
paving the ditching strip. Lastly, regarding the request for a
longer pay back term for the LID, by State statute the City is
allowed to go for a longer period of time than 13 years; however,
the Bond market will not support a longer period of time. The most
cost effective and longest rate provided to the residents is 13
years at 8.2%.
Bob Griffith again opposed being part of the LID based on the
reasons he identified at the previous Council meeting. He
emphasized his property drains to the north and would not adversely
impact Kitsap Lake such as other properties might, if their septic
systems fail. However, he and his wife did want to support efforts
to protect Kitsap Lake and they did sign the petition. He still
wished to be excused from the LID because of the financial hardship
it will place upon him. President Law wanted to make sure Mr.
Griffith heard the City Attorney's comments about some financial
relief through a State funded program. Mr. Griffith stated he
would seek out more information on that possibility.
TAPE #1388
Jack Lefcoski stated at the previous Council meeting he asked if
the City would help Mr. Griffith with the ditching for a sewer line
and assist him in obtaining an easement across his neighbor's
property. He again asked the City to consider that request. He
hoped Mr. Griffith would be eligible for the State financial
assistance program. He did not agree that it would cost $15,000 to
install Mr. Griffith's sewer connection line and volunteered to dig
the ditch, if the City provided the necessary equipment.
TAPE #1388
City Council Reg. Mtg. Minutes
June 19, 1996
Page 16 of 19
In the early stage of this project, Tim Richard, Senior Engineer
told the citizens that they did not have to hook up to the sewer
unless their septic system failed or if they desired to expand
their system. When the sewer line was being installed, the County
Health Department contacted the residents with a County Ordinance
in hand that stipulated they shall hook up to the sewer within two
years of certification of the system. He stressed that requirement
for hookup had nothing to do with failing septic systems or add
ons. He was also distressed over the fact that such a requirement
had not been presented to the residents at any of the public
meetings. He provided a copy of the County ordinance to Mayor
Horton, and key City staff members, but as of this date no one from
the City has discussed the issue with him. He questioned how does
a City ordinance conflict with a County ordinance. In the case of
health, we cannot have a City Health Ordinance conflicting with a
County Health Ordinance, but it is happening. The City has been
aware of this for the past 4-6 months. He again stressed that the
City's contribution of $300,000 towards this project was for the
protection of Kitsap Lake, which is a City park.
Richard Dunlap stated he did not have a protest against the
assessment and did appreciate the City's contribution of $300,000.
He acknowledged that at the time that contribution was approved the
City Council was hard pressed to satisfy pressing needs within the
City as well as making a strong statement about protecting the lake
and surrounding environment. He applauded the Public Works
Department's decision to overlay the entire street rather than just
trench patch and views it as a real benefit to the residents. He
was concerned that there are a number of property owners in the
ULID that cannot afford the assessment at this time against their
property. He is aware of a number of avenues available for either
deferral, reduction or aid in the final sewer connection
construction. The City Attorney has already uncovered one
technique, but there are some possibilities for rehab money through
H.U.D. and urged the Public Works Department, Finance Department
and the City Council to communicate that information as completely
as they could to all the residents in the LID so those that do
qualify can take advantage of those opportunities. Finally, he
sought assistance for the residents in the standardization of
installation of equipment that they will be required to purchase
and asked the City to prepare a set of standards that each property
owner can use when soliciting proposals from contractors in order
to get the most cost effective price.
Mr. Sievers stated he was aware there were duplicate regulations on
hooking up to a sanitary sewer system within so many feet of a
property. Those were parallel provisions, both in the Health
Department regulations and the City's Title 15 prior to 1991. The
City's inclusion of that regulation, according to the City's
TAPE #1388
City Council Reg. Mtg. Minutes
June 19, 1996
Page 17 of 19
consultant, who helped revised that title, was not a health
consideration, but a financial consideration. When the City puts
in a sewer system it wants to spread that cost among a many
ratepayers as possible. The City had not enforced that provision
and there was a lot of confusion, especially at the time properties
were annexed, and the Council, at that time, felt it was not
necessary for financing the Utility system to keep that in the
regulations, so they were removed. The Health Department
regulation may have been copied off the City's and he did not
understand why it had not been modified. He was not privy as to
why they visited the neighborhood and indicated it would be
enforced. Perhaps the Health Department feels there is a health
hazard from failing septic systems in that area and they tend to
enforce it in this instance. He could not speak to what was said
to the residents at neighborhood meetings. Mr. Witt already
addressed the City's $300,000 contribution and he also believed it
was to preserve Kitsap Lake, which is a City asset. With that
contribution, the ULID, including benefitted properties on the
north side of Northlake Way, may have lead to the defeat or protest
of the LID, which may not have been formed at all. The City will
be repaid for those funds when those property owners actually hook
up to the sewer system and it will be equivalent to the assessment
of the properties within the benefitted area.
Mr. Witt restated his earlier response to the request that the City
dig the sewer line ditch for some of the properties at the extreme
northwest corner - it is not appropriate to expend public funds for
private use. He will include Mr. Dunlap's suggestion about the HUD
funded connection financial assistance in the packet of information
that will be sent out to the ULID property owners. In regard to
the request that the City provide standardization of equipment, it
is their intent to provide that information. Lastly, he corrected
an earlier statement by Mr. Lefcoski that the sewer line does not
extend to the property adjacent to the Griffith property...it does
abut that neighboring property.
President Law asked Mr. Witt to restate the name of a contact
person available in the City that can answer questions relating to
this project. Mr. Witt asked anyone having questions to please
call the Engineering Department and ask for him or Tim Richard.
Mr. McConnell asked if the sewer line will ever be extended down
Norhtlake Way? Mr. Witt explained there are no plans to extend it
up Northlake Way. Mr. McConnell stated in case that decision was
reversed and it was extended, would the Griffiths and Vieras have
to pay a fair share because it was going across the front of their
properties? Mr. Witt stated no, property owners would not be
charged double.
TAPE #1388
City Council Reg. Mtg. Minutes
June 19, 1996
Page 18 of 19
Mr. Winters questioned why Mr. Dunlap and one other property owner
had a higher assessment fee? Mr. Witt pointed out those two
property owners paid for an extra lateral.
Mr. Colvin questioned the earlier statement that there was a
conflict between the City's ordinance and a County ordinance? Mr.
Sievers stated the City had wording in the B.M.C. for finance
reasons and the Health Department's requirement was for health
purposes. The Health Department has lots of regulations on health
matters that are not included in the City's regulations. Mr.
Colvin stated when something affects the City and the County it
should be coordinated. Mr. Sievers noted the City is represented on
the Health District Board.
Mr. Overson stated the benefit of the new sewer system is very
definite to the Viera and Griffith properties, the first benefit
being it provides the owners significant future development through
subdivision, if and when their septic systems do fail. Even though
the drainage off of those two properties does not flow into Kitsap
Lake, it does flow into the nearby stream.
Mr. Winters talked about being able to grow up and enjoy Kitsap
Lake and thanked the members of the City Council for contributing
the $300,000 in a very generous way to preserve the health and
safety of that lake. He pointed out the Navy's share for Camp
McKean amounted to $67,029. He asked Mr. Griffith if he understood
correctly that he had signed the petition and was in favor of the
sewer installation. Mr. Griffith stated that was correct. Mr.
Winters asked if anyone had told Mr. Griffith a dollar amount that
it would cost to hook up to this system? Mr. Griffith stated no
and had he know he would not have asked to be included in the
petition. Mr. Winters asked if Mr. Griffith had attended any of
the neighborhood meetings held on this issue? Mr. 8riffith stated
yes, many of them. Mr. Winters asked Mr. Lefcoski if formal
minutes were taken at the Kitsap Lake Neighborhood Association
meetings? And, he recalled that there was discussion on the
assessment fees at one of those meetings. Mr. Lefcoski stated no
minutes are kept. Mr. Winters asked Mr. Lefcoski if he recalled
discussion at one of the public meetings about the possibility of
rebidding the project and the possibility of a lower assessment if
a second bid came in that was lower than the first? Mr. Lefcoski
stated he recalled the discussion that bids are seasonal. Mr.
Winters asked if at that point a dollar figure was given as to what
each person would be assessed? Mr. Lefcoski stated there were 6-8
assessment figures discussed through this project.
Mr. M~Connell asked what is the recourse if the Griffiths and
Vieras cannot get an easement across the neighboring property? Mr.
Sievers stated the reason for not finding a significant difference
#0976
TAPE #1388
City Council Reg. Mtg. Minutes
June 19, 1996
Page 19 of 19
between those lots and others that had long laterals and have to
pump, is because they do have a power to acquire an easement
through private right of condemnation. If they cannot negotiate an
easement for those laterals, they can obtain a court order. It is
not an impossibility to reach the sewer main in the right-of-way.
Mr. McConnell questioned if such action would be at an additional
cost to the property owner? Mr. Sievers stated if an agreement
could not be worked out, it could mean additional cost.
M/S/C/U(Montgomery/Colvin) to approve ordinance on first reading
adopting and confirming the assessment roll for Utility Local
Improvement District No. 327 providing for the improvements by
extension of sanitary sewer in Northlake Way and Kitsap Lake Road
as described in Ordinance 4450 providing for the levying and
assessing for the costs and expense thereof against the parcels and
lots of land within the boundaries of said improvement district;
providing for the collection thereof; creating and establishing a
special fund therefore.
Mr. Witt announced the Department Of Ecology notified the City it
will receive funding from the Water Pollution Control Revolving
Fund for the Callow Avenue Basin Priority 2 design with "0"
percent loan for a 5-year period in the amount of $828,000.
President Law thanked the TV camera crew for their services: Dave
Noble, James Noble, Trisha Mathes and Nadine Price.
With no further business meeting adjourned at 7:40 P.M.
KATHLEEN L. McCLUSKEY, City Clerk
J E. LAW, Council President
Bremerton
KLM/JL/me
cc: Normal Distribution
File/Vault