HomeMy WebLinkAbout03/23/94
TAPE #1185
CITY COUNCIL MEETING MINUTES
1994
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, March 23, 1994, at 5:30 P.M.,
with Council President Eileen Fitz presiding. Council members
present were Richard Neville, Morrie Dawkins, Bob Winters, David
Fart, Lon Overson, John Law, A1 Colvin, and Sherril Huff-Menees.
Also present were City Attorney Ian Sievers and City Clerk Kathleen
McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Fitz and Invocation given by Reverend Don Welt of
Eastgate Assembly of God.
CONSENT A~ENDA
A. Minutes of Meeting -- March 9, 1994 #AB94-056
#0018 M/S/C/U(Dawkins/Colvin) to approve the Consent Agenda as presented.
CLAIMS/WARRANT RE~I~TERS
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.
#0037 M/S/C/U(Colvin/Farr) March 23, 1994, the Council does approve for
payment those vouchers included and further described as follows:
173876, 173902 through 174038 in the amount of $110,837.54; and
Regular Payroll for the period ending March 15, 1994, in the amount
of $495,278.82.
COUNCIL MEMBER REPORTS
Mr. Law thanked Rich Hanna, City Treasurer, for his prudent
judgement to spend extra monies to upgrade the City's bond issue
from an "A" to "AAA" rating, thereby saving the City and all the
taxpayers $115,000.
Mrs. Huff-Menees congratulated the Bremerton Safe Streets
organization and the residents of West Park for their very
successful organized "March On Crime" held March 19. She hoped
that other neighborhoods in the City will put on similar marches in
their areas.
TAPE #1185 UNAPPROVED DRAFT
Er. HolviH thanked the Kitsap County Auditor's staff for providing
him figures on voter registration. Through a concerted promotion
of voter registrations, he hopes to see a significant increase in
those figures by next fall. He assured the public that District #1
Neighborhood Coalition Meeting has not been postponed and will be
held Thursday, March 24, 7:00 P.M., at the Sheridan Park Recreation
Center. It appears that there was some confusion about the
Neighborhood Information Network meetings and the District #1
Neighborhood Coalition meeting. He is pleased to have former
Councilman Phil Drouin as a resident of District #1.
Mr. Winters stated it was good to be back at Council after his
absence the previous week when he met his father-in-law for the
first time. Someone asked him how someone learns to become a
Councilman and how do you know what to do when you get there. His
response to that question is that the "helps" given to newly
elected Council members include the Association Of Washington
Cities sponsored seminars, a publication "Knowing The Territory"
and input from fellow Council members and the City Council
President. He expressed his appreciation for the assistance he has
received from his fellow Council members. A District #9 resident
raised a concern about people parking vehicles on the shoulder of
the road by the NAD Park for the purpose of selling them and
questioned if this created any liability for the City. Mr. Winters
has asked Mayor Horton to look into that matter and if appropriate,
to put up a sign that area discouraging such activity.
Mrs. Fitz announced the Neighborhood Information Network (NIN)
meeting for Districts 7, 8 and 9 will be held on March 28, 6:00
P.M., at the Bremerton School District Office, on Montgomery
Avenue. Because she has a previous commitment to attend a Kitsap
Regional Planning Council evening meeting, she will not be able to
attend the NIN meeting. Councilman Bob Winters will attend that
meeting as well as District #8 resident Carlos Montgomery. She
referenced a newspaper article in the Wednesday Magazine regarding
the number of Council members attending a community event (St.
Patrick's Day Parade). She emphasized the difficulty for elected
officials to attend or participate in every event they are invited
to or that is held within the City. Not only do Council members
have the responsibility to conduct City business, but many hold
down full time jobs plus have family obligations. She hoped the
public and especially the person who wrote the newspaper article
understand the pressures and obligations imposed on their "time
available to serve".
PUBLIC RECOGNITION
MaYor LYnn HoFto~ stated she also was unable to attend the St.
Patrick's Day event due to her involvement in the Women's Multi-
Cultural Program at Olympic College held that same day. She is
finding that she is double/triple booked for meetings/events and
does her best to meet those obligations. She also asked for the
publics' understanding that she and Council members are only "one"
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person and do the best they can in meeting their obligations as
city elected officials. She was pleased to report the "March On
Crime" at West Park was well attended and hoped it will become an
annual event. She felt such a march is effective in areas where
drug and gang activity is prevalent. This week she distributed a
survey to all City Departments and employees asking for their input
as to how they feel the City is doing as a "city". The result of
that survey will be published in the City's first Newsletter.
Mayor Horton made the following response to several questions
raised by Brian Mueller at the previous Council meeting:
(1) Question: Is the City under a moral or legal obligation to
provide funding for ULIDs for other areas annexing into the City
because it contributed $300,000 to the West Kitsap Lake ULID?
Answer: No, projects are looked at on a case-by-case basis and
there is no legal or moral precedent being set.
(2) Question: Is there enough sewer treatment plant capacity to
service other areas annexed into the City or would it add to the
problems at the plant?
Answer: The sewer treatment plant does have adequate capacity and
no, it is not adding to existing problems at the plant.
(3) Question: Will the City pass on the sewer rates to newly
annexed areas?
Answer: When areas are annexed, the City Council votes on whether
or not they want those areas to assume the obligation of the City.
Those are bonded obligations that have been voted in by the people
of Bremerton prior to their coming on line as City residents. In
the past, if it is something that affects the City as a whole, that
obligation is generally carried forward. If it is something that
is site specific, then that obligation would probably not be passed
on. In this instances it is "rates", which are not placed under
the bonded indebtedness of the city and it would be very difficult
to pluck out an area and segregate their rates. One of the things
that people need to recognize of the sewer increases, a rather
small proportion is allocated to the actual settlement of the
lawsuit. By far, the greater percentage of the rate increase is
going to stormwater separation and a smaller proportion will go
towards sewer plant upgrades, which will include part of the
conveyance system.
Mayor Horton read into the record her letter, dated March 23, 1994,
to Andy Parypa in response to his letter of March 9, 1994, that
outlined eight questions he wanted answered, in writing. Mayor
Horton's letter is attached to these minutes as Exhibit "A".
Mayor Horton extended condolences to Allen and Kim.Jacobson in the
death of their 2-year old son. A Memorial Service will be held
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Friday, March 25, 7:00 P.M., at the Kitsap Lake Baptist Church.
AndH Parvoa, Hayward Avenue, stated the questions he raised in his
March 9th letter to the City came from two court documents plus a
document written by the attorney of the plaintiff's in the West
Hills lawsuit. He expressed his appreciation of Mayor Horton's
response to his questions and believed it was something the public
was not able to receive in many administrations.
Robert Aokerman, Arsenal Way, stated after watching the previous
week's City Council meeting he wanted to express his support for
longer "walk" signs for crosswalks. He is handicapped and finds it
difficult to cross an intersection in a speedy fashion.
Ruth Davie, Park Avenue, referenced an Agenda Item from the
previous Council meeting that approved 10 million dollar
indebtedness for the City on an "emergency" reading. She pointed
out a good bond rate does not qualify as an emergency, an emergency
is something that is truly an emergency...fire, flood, devastation
and true public health issues. She also was concerned over what
was categorized as being mandated by State and Federal government,
the first four or five projects had to do with extending the City's
water service around Pendergast Regional Park and Hazelwood
property and purchasing more watershed property. She questioned
where was the "emergency" within those projects? State law
regarding public information is found in RCW 42.30.101 - "The
people of this state do not yield their sovereignty to agencies
which serve them. The people in delegating authority do not give
their public servants the right to decide what is good for them to
know. The people insist remaining informed so they may retain
control over the instruments they have created". She referenced a
1985 long range study by METRO that mentioned the City's sewer
treatment plant had already gained notoriety for its problems,
including its offensive odor. Also known in 1985 was the fact that
a trickling filter plant was guaranteed to stink and that sewage
would become septic due to the length of time it took for it to
travel from east Bremerton to west Bremerton and on to the
treatment plant. Comments inn the METRO 1985 study reflected the
City of Bremerton could have put some mitigation improvements into
the sewer treatment plant for approximately $650,000... that cost
today has escalated to 12 million dollars. She referenced the
earlier comment by Councilman Law that the City Treasurer saved the
City $100,000 in the processing of the Bond. She pointed out that
amount of savings was "peanuts" compared to their spending millions
of dollars. Nor, did it compared to the public sovereignty over the
money that the City is allowed to spend. Mr. 8ievers stated he
would provide a response addressing the "emergency reading" clause,
which is addressed by Bond Council for the City.
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Jack Lefcoski expressed his apology "to the world" and noted he had
meant to speak in good faith about "walk" lights and buttons. He
has no problem with the "walk" lights, however, he would like to
the buttons removed. He referenced a remark made by Mary Lou Long
several weeks ago...about the West Hills Lawsuit and the fact that
no all residents contribute toward that cost. Apparently people
living within the City who use drainfields instead of the City's
sewer system are not contributing towards the cost of the lawsuit.
He felt strongly that every landowner in the City of Bremerton
should pay for that lawsuit. He referenced a newspaper article in
The Sun dated March 22, 1994, that talked about parking lots and
stormwater rates. He did not feel it was equitable for a homeowner
that had a small amount of stormwater runoff and commercial
business that had lots of parking lot stormwater runoff to pay the
same fee of $4.00 per month. He believes the blacktop and roof
area should be calculated into square acres and charged $4.00 per
square acre. The newspaper article stated the fee would be re-
evaluated by a consultant in December. He questioned why not do it
now and why is a consultant needed to provide that kind of
information. He suggested that the following items be placed on
Council's Agenda within 1-3 weeks: parking lot assessment- $4.00
per acre; City residents who are non-sewer ratepayers be included
along with all other City residents to pay sewer rates. Presi4ent
Fitz questioned if she understood correctly that by law the City
cannot charge City residents sewer rates if they are using a septic
system? Ian Sievers, City Attorney, stated President Fitz is
correct. The City reviewed that point both with the attorney for
the lawsuit, who is also the City's bond counsel, whether the City
could use the proceeds from a Utility Bond issue to help tide the
City over when there was a shortage of cash to pay attorneys' fees
on the lawsuit. Clearly, that attorney's opinion was the City
"could not" because it was an enterprise fund and the cost of
defense as well as judgement for settlements related to the Utility
have to be paid out of the rate base and not a General Fund
obligation. Mayor Horton stated in response to the issue of
"parking lots" the City's consultants are developing a "Commercial"
rate and parking lots will be a part of that rate. She noted it
will take a while to conduct a survey of properties prior to coming
before the City Council for approval. Mr. Lefcoski questioned the
reason why it would take until December to gather the information?
President Fits pointed out that the City had to conduct an
inventory of all the business areas, etc. Mayor Horton stated if
she is able to bring the proposal to Council prior to the noted
time frame she will do so.
Don Larson, President of Washington Scuba Alliance, displayed a
poster designed by the Kitsap County Public Works Department
advertising the April 16th clean up of Sinclair Inlet, commencing
at the First Street Dock in downtown Bremerton. He encouraged the
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City to become involved through participation by the Fire
Department and Parks Department. He also talked with the Bremerton
Main Street Association about putting on some Earth Day events that
could be located on the boardwalk at the same time the clean up
effort is underway. He thanked Council's Legislative Assistant for
her suggestions/recommendations that would put him in contact with
some other community volunteers to tackle the problem of clean up
at the end of Pacific and Sheldon Boulevard to create a level park
like area. The deadline for submitting applications for State
Underwater Parks grant funding is nearing and if the City wants to
pursue an underwater park they need to give him some kind of
commitment to move forward on such a project. He has discussed his
idea of an underwater park near the Turner Joy with the Bremerton
Port Commission and they indicated they would not actively pursue
such a project, but they could be a sideline cheerleader and felt
it could create tourist activity in the waterfront area.
Mar~ Lou Lon~, Baymont Place, referenced a Tacoma News Tribute
Newspaper article about a $2.00 increase on water services and how
that has upset the Tacoma residents and would affect their
spendable dollars. She emphasized due to recent water/sewer rate
increases in the City of Bremerton, residents could be faced with
the possibility of going without heat, food, etc., not the little
luxury items. She is concerned about the senior citizens or lower
income citizens who do not qualify for the reduced rate and how the
increased utility rates will affect their quality of life. She did
not agree with the City's legal counsel's dete£mination that the
Bond counsel's interpretation of including the legal fee of a
lawsuit into the rate structure was appropriate and she believed
could be disputed. It was her opinion that the City's legal
counsel had not given good representation. She also felt the City
Attorney should be "hot on the trail" of CH2M Hill, considering the
Mayor's earlier comment that they did not believe it was necessary
to build in the odor control devices on the sewer plant in the
original design, in order to recoup some of the money and damages
the City had incurred because of their negligence. When citizens
set back and they have representatives engaging in business in
their name and not properly represented when they come and make
statements before Council and try to get some cooperation from
their elected officials they seem to get a slap in the face, turn
of the head, a giggle and cut off. A City is suppose to be an
organization designed as a community working together to help each
other. She does not see that happening in the City...she feels a
business/corporation takeover by a select group of citizens within
this community and using the name of the City and the laws that
they impose on the rest of the people in the community to profit
off of the residents hardship. President Fitz questioned if Mrs.
Long was saying that some member of this Council was profiting from
actions being taken? Mrs. Lona stated she believes there is a
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concerted effort by a group of people and she was not naming any
Council member, but is implying there is some kind of cooperation
on the part of the elected representatives of this City that does
not serve the general and best interest of the citizens and they
are paying in a hardship manner for wrong doings and wrong
decisions of past and cooperation with certain people.. President
Fit~ stated Mrs. Long just implicated every member of the City
Council as being dishonest and making money from their actions.
She asked Mrs. Long to stop that type of comment...there isn't one
person on the City Council that benefits in any way. Mrs. Lonq
emphasized she was not saying one person benefitted, but that the
City Council is cooperating with other people that are profiting.
Why would this Council consider imposing a $4.00 fee for stormwater
services in the City, not doing a per unit impervious surface
charge and waiting until December to come up with a per unit
impervious surface charge? In her opinion, the City was actually
doing an end run around creating a true, independent Stormwater
Utility, which would have to go out for a vote of the public to be
considered and how much would be spent and the type of projects
those funds would be spent on. No avenues are being given for
input from the citizens and they are being dictated to from the
top. She questioned why are the residents required to come up with
up-front money for the stormwater fee before other people within
the community are paying their fair share. This proposal doesn't
seem fair nor well throughout and it does not seem appropriate for
a so called independent utility service, which is taking care of
stormwater management. She is in support of stormwater
management, but she wants it done fairly, appropriately and
aboveboard that included citizen input. Mayor Horton stated if
anyone has a problem with things being mandated from the top, they
should contact their Congress members because that is where all of
this started. The U. $. Congress and State of Washington passed
Clean Water Acts that are imposed on cities and the Puget Sound
Water Quality Authority in their brochures state that stormwater
has to be taken care of and the task of local communities is to do
this through implementation of stormwater utilities and passing the
costs onto the ratepayers. Additionally, the City is in the
process of conducting a survey for commercial rates. The City had
a choice of waiting and doing everything at one time, however, that
would have meant higher rates. She stated before and will state
again the city is looking into every financial source, which
includes the designer of the sewer treatment plant, the operator of
the plant and insurance companies that indemnified the City for
compensation surrounding the sewer treatment plant issue. At this
point, she had no new information to give to the public and had no
intention of conducting negotiations with the above named entities
in the front page of the local newspaper. Ruth Davies disputed as
a lie that federal mandates caused the problems being experienced
in Bremerton. She pointed out 12 million dollars of borrowed debt
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had nothing to do with any federal mandates. The Warren Avenue
Basin was suppose to be cleaned up years ago, which the City opted
not to take any action in the early 1980's. She is aware of laws
in place in 1952 that stated public entities were responsible for
stormwater management. The truth of the matter is the problem
exits because no one in this town cared. No one cared about the
stench she lived with for five years. She questioned why was the
City always talking about things that make money, such as the
professional baseball teams coming to play in Bremerton? She
questioned why the City was paying a lobbyist and why wasn't the
City getting more grant funding from that lobbying effort? Jack
Lefcoskt stated over the past two years he has gotten to know the
Mayor and members of the City Council and in his opinion there
isn't a liar or cheater among them. He pointed out there are four
new City Council members and a new Mayor and he would like the
public to give them a chance to become educated on what their job
is and let them carryout those responsibilities. Mrs. Long stated
she wanted to clarify to the public, Mrs. Fitz and the rest of the
City Council members she is not accusing any one of them of
actually taking any money "under the table" nor is she saying they
are out-and-out lying, but there are some misconceptions being
bantered around that need more clarification of understanding of
what Council's intentions are and how they are serving the
community. If citizens standby and let people serve out their
elected term and then vote them out of office, they can leave the
citizens burdened with millions of dollars that they will have to
be responsible for because of wrong decision by elected official.
In her opinion,the previous Mayor was helped out of a financial
situation by the present Council by borrowing $1,250,000 to
continue the operations of the City because he spent more funds
than were in the budget for the boardwalk project. Unless there is
a change in how things are done, she sees the City dying very fast.
Gordv Byrd, P.O. Box 930, talked about the use of his Byrds Nest
funds to help relocate several people who were left without shelter
after their apartment building burned. As of this date, he has
$10,857.85 for his shelter for the homeless. It is his opinion
that Bremerton is the best City he has ever been in. He encouraged
others to come and speak their minds before the City Council on
issues that concern them.
Ruth Reese CRAB organization, announced their next meeting is
Thursday, March 24, 1994, 7:00 P.M., at the KBRO Building.
6A - APPOINTMENT TO THE PLANNING COMMISSION -- LAURENCE M. STONE,
#AB94-057
There is an opening on the Planning Commission, and it is
recommended the vacancy be filled by Laurence M. Stone.
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Mavor Horton stated Mr. Stone served as Secretary to the Ad Hoc
Citizens Advisory Committee that conducted the government review in
1993, is a member of the Bremerton Central Lions Club and the
former President of Purple Cross Insurance as well as several other
insurance groups. She was impressed with Mr. Stone's indepth
research into issues and believes he will bring an added
perspective to the Planning Commission. She urged Council's
confirmation appointing Mr. Stone to the BremertOn Planning
Commission.
president Fitz stated Mr. Stone resides in her district and she
holds him 'in extremely high regard and applauds Mayor Horton's
appointment of Mr. Stone to serve on the Planning Commission.
Public comment - none.
#2379 M/S/C/U(Dawkins/Colvin) to confirm the appointment of Laurence M.
Stone to the Planning Commission.
6B - APpOINTMENT TO THE HANDICAPPED aCTION COMMITTEE -- JOANNE
PETERSON. #~B94-058
There is an opening on the Handicapped Action Committee, and it is
recommended the vacancy be filled by Joanne Peterson.
president Horton pointed out the need to correct the title of the
committee to: Disability Action Committee. She noted Ms. Peterson
comes with a long list of credentials and presently works for
Kitsap County Department Of Personnel and Human Resources as
Administrator of Kitsap Recovery Center as well as the
Developmental Disabilities Coordinator for Kitsap County. She
urged Council's confirmation of Ms. Peterson's appointment to the
Disabilities Action Committee.
Robert Ackerman, Arsenal Way, stated he is handicapped and supports
the proposed appointment as presented by Mayor Horton.
Mr. Neville asked following this appointment would the Committee be
filled? MaYor Horton stated no, there is one additional vacancy.
She noted three additional positions will soon be available on the
Planning Commission, one on the Disabilities Action Committee and
soon she will be making an appointment to the Parks Commission.
She referenced the Cable Advisory Committee and her desire to
consider expansion of that committee. Mr. Nevil~9 encouraged
anyone interested in serving as a volunteer on a City board,
committee or commission to contact the Mayor's office. Mr. Winters
expressed his appreciation of the many volunteers who offer their
services for the betterment of the community. Mayor Horton stated
she also believes these committees should not be "political"
appointments and she is looking at make up of the committees and
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selecting individuals who will add to the group.
%2696 M/S/C/U(Colvin/Winters) to confiLm the appointment of Joanne
Peterson to the Handicapped Action Committee.
6C - 4TH STREET IMPROVEMENTS WASHINGTON AVENUE TO PACIFIC AVENUE
L.I.D. #326 - WATER FOUNTAIN AND MISCELLANEOUS ITEMS, #AB94-059
The original 4th Street L.I.D. plans included several items that
were not constructed last summer in order to provide a contingency
for the project construction. Construction of that portion is now
completed and the water fountain was re-bid. Sufficient funds
exist to construct the water fountain, the clock, kiosk, drinking
fountain, 9 clay pots, 6 benches, and 2 tables with chairs.
Attached is a project cost summary sheet. The City Council action
requested is approval to proceed with the contract award and
purchase of the other street amenities. The 1994 budget of the
Street Fund assumed that the L.I.D. project would have been
completed in 1993. We now need to provide expenditure capacity for
the project in 1994.
Dan Bisses, Senior Engineer Engineering Department, explained the
reason for the items being left out of the original contact was due
to the City's desire to have a good sized contingency due to having
to dig up the entire street and not knowing what they would find
that needed fixing. The Project Financial Summary reflects that
with the inclusion of the above noted items, there is still a
$13,018.00 contingency.
~ordy Byrd, P.O. Box 930, stated the original proposal included
benches and wondered what happened to them being part of the
finished project. Mr. Eisses pointed out the benches are included
in the list of items proposed at this time.
Mr. Co~vi~ asked if there is any additional cost to provide the
listed items? Mr. E~sses stated there is no additional cost to the
property owners.
#3005 M/S/C/U(Farr/Colvin) to approve budget adjustment request 94-6 and
authorize and direct the Mayor to execute the contract with C.A.
Carey Corporation for the construction of the water fountain for
L.I.D. %326 in the amount of $64,649.20, purchase of clock and
kiosk with Lee Fabricators in the amount of $23,311.50, and for the
staff to order the other street amenities.
7A - ORDINANCE NO. 4452 (SECOND READINg) RECLASSIFYING THREE
MANAGEMENT AND PROFESSIONAL STAFF POSITIONS IN THE DEPARTMENT OF
PUBLIC WORKS AND UTILITIES AND AMENDING CHAPTERS 2.50 AND 2.10 OF
THE BREMERTON MUNICIPAL CODE AND THE 1994 BUDGET, #AB94-054
Gord¥ Byrd, P.O. box 930, asked if he could get a copy of the
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City's 1994 budget? President Fitm directed Mr. Byrd to contact
Council's Legislative Assistant, who could provide that
information.
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#0016 M/S/C/U(Huff-Menees/Winter) to pass Ordinance No. 4452, on second
reading, reclassifying three management and professional staff
positions in the Department of Public Works and Utilities; and
amending Chapters 2.10 and 2.50 of the Bremerton Municipal Code and
the 1994 Budget.
7B - ORDII~ANCE NO. 4453 CSECONDREADING) VACATING 100 FEET OF FIRST
STREET RIGHT-OF-WAY ON THE WEST SIDE OF ITS INTERSECTION WITH
BREMERTON BOULEVARD. #AB94-055
Kathleen McCluske¥, City Clerk, stated Mr. Hall and Mr. Jones paid
the remainder of the purchase amount on this date.
Carlos Mont~omer~ pointed out the subject site deadends on
Bremerton Boulevard. He questioned if there was an easement
through the City's public works complex to extend 1st Street? Ian
Sievers, City Attorney, explained there is not a recorded easement
through the public works complex property, which is west of
Bremerton Boulevard, but it does leave the possibility since the
City owns the site and could set aside some property around the
perimeter to continue a trail. Mr. Mont~omez7 stated he felt it
was unusual to have an easement on a short stretch and not have an
easement through the rest of it. President Fits stated it was
mentioned at the previous Council meeting that when the public work
complex project was completed consideration could be given to
develop some kind of trail system for the surrounding residential
community. Mr. Overso~ stated he discussed that point with Mr.
Pratt, who indicated the City is considering putting together a
plan that would include this consideration and how the subject
easement could be extended all the way down to Oyster Bay.
Robert Ackerman, Arsenal Way, questioned if it would be a mistake
for the City to sell any of the easement along the subject site?
President Firm explained due to the location, it is not conducive
to building a road, but could be used for a trail type access. Mr.
Ackerman expressed concern that after the houses on the adjoining
property are built the people who purchase them may object to
having people walking along the trail, if one is developed. If the
City kept all of the easement, then the City could develop what
they wanted. President Fitz assured Mr. Ackerman that the City
would retain a 15 foot right-of-way along the subject site.
#0171 M/S/C/U(Neville/Law) to pass ordinance No. 4453, on second reading,
vacating 15 feet x 100 feet of First Street Right-of-Way on the
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west side of its intersection with Bremerton Boulevard.
7C - ORDINANCE (FIRST READING) AMENDED TITLE ~5 TO PROVIDE
~TORMWATER REGULATION AND RATE STRUCTURE. #AB94-060
EPA estimates that stormwater and non-point runoff is now the major
remaining polluter in 30 to 75% of the nations's surface waters,
and stormwater contributes significant portions of toxins to Puget
Sound urban bays. The threat to the area's recreation, tourism,
fisheries, and quality of life is expected to grow with the growth
of population in the Puget Sound basin. Federal and State
regulations adopted in the last several years have now forced
cities and counties to focus on controlling this problem in
earnest.
The proposed ordinance adds a new chapter to Title 15 adopting
separate regulations and rate structure for the Utility's
stormwater system. Sections on service connections parallel
sections in the chapters on sanitary sewer and water, but the bulk
of the regulations adopts Ecology's model Best Management Practices
for sto£mwater source control. The 1991 Puget Sound Water Quality
Management Plan requires all counties and cities within the Puget
Sound drainage basin to adopt ordinances to control runoff from new
development and redevelopment by July of this year, including
adoption of Ecology's Best Management Practices Manual or its
equivalent. The City agreed to accelerate its adoption as part of
a Consent Decree approved in 1993.
The new rate structure for stormwater and the stormwater operating
fund adopted in December are intended to accomplish two things:
first, instead of a combined rate for sanitary sewerage and
stormwater, the differentiated rate will direct the cost of
required new stormwater operations and construction to the users of
the stormwater system. Second, a credit which allows property
owners to reduce their stormwater rate for on-site detention will
encourage conservation (reduced discharge) at the source, which is
a more cost effective means of handling sto£mwater than
constructing large conveyance
Eddy chu, Public Works And Utilities Director, stated for
clarification the subject issue will be presented for open
discussion at this time with first reading of the ordinance taking
place on March 30 and second reading of the ordinance on April 6.
He reminded Council they discussed in detail the Stormwater Plan
and details of revised Title 15.
Mr. Ovsrso~ questioned if this document followed a Washington State
written document that is considered a model? Mr. Chu stated in the
Bremerton Municipal Code they have referred to the State's Best
Management Practice Manual. Mr. Overson stated for the actual
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wording of the ordinance, Economic Engineering Services Inc.,
pointed out they followed the State's own words and what the City
is doing is implementing the State's own words adapted to the City
of Bremerton's application.
Mr, Dawkins questioned if there were any State funds available to
implement the sto£mwater plan? Mr. Chu stated the City will be
using the Public Works Trust Fund for the Warren Avenue CSO
project, which is comprised of a low interest loan.
Hr, Winters requested Mr. Chu clarify what the consultant will be
doing when they complete a survey of the City's impervious surfaces
and recommend a volume metric charge? Mr. Chu explained the
consultants are currently reviewing cost of services to find out
infrastructure needs for the capital improvement for the entire
network within the City's drainage basin. With that Comprehensive
Plan finished, the consultants will develop a list of capital
improvement projects for the stormwater related issue along with
operations and maintenance support cost and staff cost. Next, a
review will be made of the customer base, consisting of both single
family residences and commercial accounts. The reason for
determining the volume metric charge is due to the number of
customers with large impervious areas, such as parking lots and
large roofed structures. By parity, the City will ask them to pay
their fair share. After specific numbers have been developed, a
formula can be developed that will equate the ISU (impervious
surface unit), which is currently determined in the Code as 2,500
sq. ft. Based on that, the unit cost will be derived and at that
time each commercial account will pay for their fair share. An
Incentive Program for commercial accounts that have large
impervious surfaces and elect to provide on site water retention
facilities has been developed.
Mr. Co,yin asked if Bremerton was the first city to implement a
Stormwater Program in the State of Washington? Mr. Chu stated no,
many cities around Puget Sound have already implemented a
stormwater program and by State mandate all cities and entities
will have to have a Stormwater Plan adopted by July 1, 1994.
Mr. Law stated it was his understanding that Mr. Chu had borrowed
some info£mation for the city's Stormwater Plan from King County
regulations that had already survived the appeal process. Mr. Chu
stated Mr. Law was correct. In conjunction with a other cities and
counties, the City of Bremerton used their experience and tested
process in developing the city's plan.
Mr. Fart asked how the City's residential rate for stormwater
management ($4.00) compared with other cities? Mr. Chu stated
other cities around Puget Sound have stormwater rates ranging from
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$3.75 - $6.00 per account per month.
Mr- Neville asked if the City's low-income disabled and low-income
senior citizens will receive a rate reduction? Mr. Chu explained
currently there is no reduction program for those two categories.
MaYor LYnn Horton stated in response to the question whether or not
other cities have stomwater program - the answer is yes. She
concurred with an earlier statement that the City of Bremerton had
this problem for a long time and did nothing about it. However,
when she first came on the City Council a Study Session was held
with a State representative on the stormwater issue and the
discussion at that time related it would be very difficult for the
Council to bring about a new program and pass a rate increase onto
the citizens when places like Seattle METRO had not yet brought on
secondary sewer treatment. What seems to be a pattern through
Washington State cities, they seem to have gone onto stormwater
management or secondary sewer treatment because of the cost
collectively of those two programs. She does not believe there
have been very many cities who have jumped on the band wagon early
on and tacked both issues and passed the increases onto the rate
payers.
Qord¥ Byrd, P.O. Box 930, requested clarification of the issue.
President Fit~ explained the intent of the ordinance and how it
would affect the ratepayers.
Robert &okerman, Arsenal Way, raised the issue of how will people
on fixed and/or iow incomes be able to pay the new and/or increased
utility rates. It concerned him that if he is unable to meet his
obligation to the City, the city would put a lien against his
property and could take it away from him. He supported
consideration of a reduced stormwater rate for people who are
disabled low income or low income seniors. President Fit~ stated
Mr. Ackerman raised a good point.
Mar~Lou Long, Baymont Place, made the following comments: (1) this
is a major Utility, not a simple separating out of stormwater. (2)
Are we engaging in the future to build a second treatment plant for
all stozmwater to extract all contaminates out of the rain water
that washes off of streets? (3) Who does Puget Sound belong to? Is
it a state treasure and don't all the people who live and play and
enjoy the waters of puget sound in the State of Washington have an
obligation to contribute to the cleaning up of our Puget Sound?
(4) Wording has been added to Section 15.01.030 of Title 15
reflecting a concern that she brought to Council's attention when
the proposed ordinance was brought to Council: "...each customer of
the Utility and any person requesting Utility service from the
Utility for water, wastewater or stormwater". Does this mean that
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a person has to request the City to be placed on a storm water
billing program? (5) Another financial fiasco for the City
residents will be eminent if the City does an end run around
establishing a true Utility. (6) There are single family
residences that have tremendous amounts of pavement and runoff into
the streets and individual properties that have very little,
minimal runoff into the streets due to small amounts of surfaces or
that they drain directly into the Puget Sound. All of her property
drains into Puget Sound and she does not have a drainage system
that would drain into any City sewer system. She could not see how
she could be charged for something that does not affect her. How
is the City going to control what is being allowed to flow into
Puget Sound, especially waterfront homes, that may use pesticides,
etc., to control weeds, etc. (7) She believes there was a major
difference between industrial and multi-family and questioned why
should it be the exact same thing? (8) The proposed ordinance is
not complete and needs to be presented to the public for a vote.
MN. Colvin stated he believes Mrs. Long's concerns should be
documented and responded to by the City Attorney. Me asked the
City Attorney if Mrs. Long was correct that the stormwater program
should be a separate Utility? Ian Sievers, City Attorney, stated
he did address that issue previously for Mrs. Long several weeks
ago. Mr. Fart stated he had a copy of a letter where Mrs. Long
raised basically the same questions during a phone call to him
several weeks ago and he then asked Mr. Chu to provide him a
response, of which Mrs. Long received a copy.
Jack Lefcoski, West Kitsap Lake Road, stated earlier this date he
talked with Mr. Chu about a reduced rate for low-income disabled
people and low-income seniors. He felt this would be an
appropriate time for Mr. Chu to explain the qualifications for
eligibility for the reduced rate. Mr. Chu briefly outlined the
criteria that must be met in order for someone to qualify for the
low-income disabled or low-income senior reduced rate for
water/wastewater Utility rates.
President Fitz asked Mr. Chu if the City is going to build another
treatment plant to handle stormwater? Mr. Chu stated at this point
neither the State or Federal government has that requirement, but
it is totally conceivable and he would not rule out that
possibility. Mr. Colvin questioned if other cities are being
required to provide such a treatment plant any where else in the
United States? Mr. Chu stated other States have had such
requirements, but not the State of Washington.
Mr. Overson stated the treatment of stormwater is a bit more
straight forward than other kinds of treatment and would be a
filtration process for removing things like petro- chemicals,
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Page 16 of 16
poisons, etc., and would be a simpler process than the City's
secondary sewer treatment plant. Mr. Chu stated he agreed with Mr.
Overson, the makeup of the sto~mwaterrunoff from streets and roofs
is mainly sand, grit, leaves, farm products, oils, etc.
Mr. Ackerman stated he would like The Sun Newspaper to print the
information given by Mr. Chu as to who qualifies for the reduced
Utility rates.
Mary Ellen Babbitt, 820 Cogean Avenue, stated it is her
understanding that a few years ago a Stormwater Ordinance had been
written but not brought to Council for consideration. And, there
was extensive data gathering done at that time including some in-
house information developed on impervious surfaces. Since a
consultant will be gathering more data, she questioned if there
will be someone keeping an eye on the consultant in case they will
be doing some work that was previously developed and if so, would
there be a reduction in their contract if the City already had
information that could be used? Mr. Chu stated he was aware of an
extensive inventory of impervious areas surface that was done
several years ago, however, that data has been outdated to a
certain extent because that work was stopped in 1991. Therefore,
that information needs to be updated from 1991 to 1993, through
review of building permits and City limit boundaries. That
information has been turned over to the consultant and he is
watching and working along with them. The consultant is working on
a "work unit basis" and are paid by an hourly rate. And, in his
opinion that piece of work is insignificant compared to other parts
of what the consultant will provide.
Mr. Overson thanked City staff on an excellent presentation on this
issue.
With no further business meeting adjourned at 8:08 P.M.
KATHL~EN L. McCLUSKEY, City Clerk
E~..E~ FITg, ~o~r~cil ~resident
City of Bremerton
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