HomeMy WebLinkAbout05/16/2012 AGENDA r
CITY COUNCIL 345 6 Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280
** *AMENDED * **
MAY 16, 2012
CITY COUNCIL MEETING AGENDA
1 BRIEFING 5 00 — 5 30 P M in COUNCIL CONFERENCE ROOM 603
A General Council Business
2 CALL TO ORDER 5 30 P M in FIRST FLOOR CHAMBERS
A Pledge of Allegiance
B Invocation
3 MAYOR'S REPORT
4 PUBLIC RECOGNITION
5 CONSENT AGENDA
A Claims & Check Register
B Minutes of Meeting — May 2, 2012
C Minutes of Study Session — May 9, 2012
D Interlocal Agreement between the City of Bremerton, Central Kitsap Fire & Rescue, South
Kitsap Fire & Rescue, Central Communications (CenCom), Kitsap County Coroner's
Office, and the Kitsap County Sheriffs Office to establish the Kitsap Readiness Center
Joint Membership Group
E 2012 Agency Service Agreement (Shelter Plus Care Grant) between the City of Bremerton
and Agape Unlimited
F Agreement with JCI Jones Chemical, Inc to purchase 12 5% Bulk Sodium Hypochlonte
Solution for the Westside Wastewater Treatment Plant
G Ordinance No 5184 creating Chapter 11 12 of the Bremerton Municipal Code (BMC)
relating to Complete Streets"
6 PUBLIC HEARING(S)
A Public hearing and Resolution No 3171 adopting the 2013 Bremerton /Kitsap County Block
Grant Program Policy Plan
7 GENERAL BUSINESS
A Ordinance No 5185 removing Section 7 06 040 entitled "Sunset Provisions — Chickens"
from the Bremerton Municipal Code (BMC)
8 COUNCIL MEMBER REPORTS
9 EXECUTIVE SESSION —10- Minutes to discuss "Potential Litigation" per RCW 42.30110(1)(1)
Action is anticipated (Item Added)
10 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
® Amencans with Disabilities Act (ADA) accommodations provided upon request Those requ►nng special
accommodations please contact the City Clerk at (360) 473 -5323 by noon on the day preceding the Meeting
CITY COUNCIL MEETING
SPEAKERS LIST
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 6A
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SUBJECT: Claims & Check Register Study Session Date
COUNCIL MEETING Date May 16, 2012
Department Financial Services
Presenter Cathy Johnson
Phone 473 -5296
SUMMARY: Consent Agenda item Approval of checks and electronic fund transfers
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount)
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR
MAYOR
RECOMMENDED MOTION:
1) Check #'s 348359 through 348560 and EFT's 11844 through 11876 in the amount of
$1,894,145 58
2) Regular Payroll for the pay period ending April 30, 2012 in the amount of $690,42814
3) Regular Payroll for the pay period ending April 30, 2012 in the amount of $650 00
STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing
COUNCIL PRESIDENT
COUNCIL ACTION: Approve ❑ Deny ❑ Tabie ❑ Continue ❑ No Action
Form Updated 1/4/12
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 58
■■ eeeeeeeeeeeeoeseeeeeeeeseseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeoeeeee�
SUBJECT: City Council Minutes for COUNCIL MEETING Date A0' 1!0
Department- Cit Council
?A � � ao � �— Presenter Jim McDonald
Council President
Phone (360) 473 -5280
SUMMARY: Attached is a summary of the City Council Meeting
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount) N/A
APPROVALS: N/A
RECOMMENDED MOTION:
Move to approve the Consent Agenda as presented
STUDY SESSION ACTION: Consent Agenda ❑ General Business ❑ Public Hearing
COUNCIL PRESIDENT. �/�,►�„��(�
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 4/1812011
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, May 2, 2012
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday,
May 2, 2012, at 5 00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT
CENTER, 345 6 th Street, Bremerton, Washington, with Council President Jim McDonald presiding
Council Members present were Nick Wofford, Eric Younger, Carol Arends, Faye Flemister, Greg
Wheeler, Roy Runyon, and Leslie Daugs Council Member Adam Brockus was absent Also
present were Interim City Clerk Shannon Conn, City Attorney Roger Lubovich and Legislative
Assistant Lori Smith
A COUNCIL BRIEFING was held to discuss General Council Business at 5 00 PM in the Council
Conference Room At 5 30 PM the meeting moved to the Meeting Chambers
The Pledge of Allegiance was led by Council Member Leslie Daugs followed by the invocation
provided by Council Member Carol Arends
MAYOR'S REPORT Mayor Patty Lent. .
• Provided an update on the efforts of the Administration toward reaching the Council's Goals;
• Proclaimed the Week of May 6 through 12, 2012 as "Drinking Water Week" and presented
a proclamation to Kathleen Cahall City of Bremerton Water Resources Manager,
• Proclaimed May 19, 2012 as "National Kids to Parks Day" and presented a proclamation to
Wyn Birkenthal City of Bremerton Parks & Recreation Director,
• Was pleased to report the "Women Today' event will be held at the Kitsap County Fairgrounds
in the Kitsap Sun Pavilion on May 4 & 5 (please contact www womentodavkitsap com for more
information),
• Looked forward to the Kitsap Pumas 5K to benefit breast cancer research on Saturday, May
12,
• The Mother's Day Brunch will again be held at Tucker's at Gold Mountain Golf Course form
9 00 AM to 3 00 PM (please contact (360) 415 -6895 for reservations or more information),
• Encouraged attendance at the 4 th Annual Bremerton Boat Show from May 18 to 20 (please
contact www bremertonboatshow com for more information),
• Proclaimed May 17, 2012 as "National Curves Day" as part of National Women's Health
Week,
• Participated in a campaign of local elected officials as part of the 10 anniversary celebration
of Expansions Yoga (please contact (360) 990 -YOGA for more information),
• Proclaimed the First Week of May 2012 as "Youth Week ",
• Attended a Ribbon Cutting Ceremony at The Cove at Bremerton, a short term rehabilitation
facility located at 2701 Clare Avenue, and
• Along with Council Member Greg Wheeler, took part in the "Dine out for Life" event on April 26
which was a fundraiser to support HIV research
PUBLIC RECOGNITION
Todd Best was pleased to report on the great turn -out at the recent clean -up event at Forest
Ridge Park last weekend, and presented a picture collage to Wyn Birkenthal from the volunteers
to show their appreciation for the efforts of Parks Department staff, announced that there will be a
Flower Sale to benefit Amina Kocer- Bowman on Saturday beginning at 8 00 AM at the Parks
Greenhouse located at 2800 Birch Street, and lastly expressed his concern that due to a lack of
communication, no permit was provided so all of the debris that was cleaned up at the Washington
Avenue site was not allowed to be dumped
City Council Reg Mtg Minutes
Wednesday, May 2, 2012
Page 2of5
Mike Walton Kitsap- Pierce County YMCA, announced several upcoming events for the Month of
May
Robert Parker recognized more Parks employees who volunteered and participated in the Forest
Ridge Park cleanup
CONSENT AGENDA
5A Check Numbers 348146 through 348358, and EFT -11807 through EFT -11843 in the amount
of $1,452,486 57, and Retiree Payroll for the pay period ending April 30, 2012 in the amount of
$63,95144
5B Minutes of Meeting — April 18, 2012
5C Minutes of Study Session — April 25, 2012
5D Contract Modification No 2 to the Professional Services Agreement with Lusignan Forestry,
Inc for
Timber Harvest Management and Marketing Services
5E Resolution No 3168 consolidating and amending Rates & Fees in the Bremerton Municipal
Code
5F Resolution No 3169 authorizing a grant application to the Washington State Recreation &
Conservation Office for Anderson Cove Park Improvements
5G Resolution No 3170 authorizing a grant application to the Washington State Recreation &
Conservation Office for Evergreen Rotary Park Playground Renovation
5H Confirmation of Chal Martin as the new Public Works & Utilities Director
Rebecca Utoff thanked the City for approving the grant application to improve accessibility for
everyone to the Evergreen Rotary Park playground
06:02:18 M /S /C (Daugs/Wofford) Move to approve the CONSENT AGENDA as presented
Voted in favor of Motion Daugs, Wheeler, Flemister, Arends, Younger, Wofford, McDonald
Abstained Runyon
Amendment failed 7 -Yes, 1- Abstention
PUBLIC HEARING
6A — APPROVE THE 2012 JUSTICE ASSISTANCE GRANT (JAG) APPLICATION Captain
James Burchett reported that the Bremerton Police Department is applying for the local
solicitation of the Edward Byrne Memorial Assistance Grant (JAG) In 2010, funding was reduced
for the Community Resources Unit The 2010 and 2011 JAG's were used to help fund continued
operation of the unit, and the 2012 JAG will be used for the same purpose This grant will allow
the City of Bremerton to continue to sustain the Community Resource Unit and its crime
prevention function and help our enhanced policing initiative in years 2012 and 2013. Capt
Burchett summarized that the grant is from the Department of Justice, no matching funds are
required of the City, the total grant amount is $28,534, and this is the 3rd year the City applied for
this grant
President McDonald opened the public hearing for comments . With no comments the hearing
was closed to the public and opened to the Council for discussion.
06:05:36 Motion was made by Flemister, and seconded by Wheeler Comments and questions
were then provided by Runyon and Wheeler...
City Council Reg Mtg Minutes
Wednesday, May 2, 2012
Page 3 of 5
06:06:27 M /S /C /U (Flemister/Wheeler) Move to approve the 2012 Justice Assistance Grant
Application and grant acceptance when awarded, and further, to authorize the Mayor to finalize
and execute the agreement with substantially the same terms and conditions as presented
GENERAL BUSINESS
7A — ORDINANCE NO. 5183 AMENDING SECTION 13.04.140 OF THE BREMERTON
MUNICIPAL CODE (BMC) RELATING TO ALCOHOL WITHIN THE LOUIS MENTOR
BOARDWALK Wyn Birkenthal Parks & Recreation Director, summarized that this ordinance
amends the provisions of BMC 13 04140 by allowing alcohol within the Louis Mentor Boardwalk
when permitted by the Washington State Liquor Control Board, and when service of liquor is
administered by the operator of the Kitsap Conference Center or the event or activity is sponsored
or co- sponsored by the City
Shannon Corin City Clerk, acknowledged that letters from the public were received by Jaime
Forsyth, Ella Rae and Sara Meagher and a phone call was received by Bill North and these
comments will be made part of the record
Sara Meagher President of the Bremerton Farmers Market Board of Directors, was here to
summarize the highlights of her letter, which supported an amendment to the proposed ordinance
which would allow the service and consumption of liquor at Evergreen Rotary Park and Lions Field
Mike Walton Executive Director of the Kitsap Public Facilities District, encouraged the Council to
support the currently proposed ordinance to allow the service and consumption of liquor on the
Louis Mentor Boardwalk that would allow wedding receptions to take place outside of the
Conference Center
John Thomas supported the proposed ordinance but not an amendment to expand to other parks
Robert Parker believed that the proposed changes would allow people to enjoy parks, and
clarified that the proposed changes to include other parks would only be allowed for organized,
permitted events
06:18:42 Main Motion to "allow special events to serve alcohol on the Louis Mentor Boardwalk"
was made by Wheeler, and seconded by Flemister
06:19:23 An Amendment to accept Alternative No 4 , which would allow special events to serve
alcohol at the Evergreen Rotary Park, Dons Park, Harbors►de Fountain Park, and Louis Mentor
Boardwalk was made by Runyon, and seconded by Daugs
Comments and questions on Alternative No 4 were provided by Runyon, Daugs, Arends, Wofford,
Wheeler, and Younger .
06:30:04 Amendment (Alternative 4) -M /S /F (Runyon /Daugs) Move to amend Ordinance No 5183
to include language that would "allow special events to serve alcohol at the Evergreen Rotary
Park, Lions Park, Harborside Fountain Park, and Louis Mentor Boardwalk "
Voted in favor of Amendment Daugs, Runyon
Voted against Amendment Wheeler, Flemister, Arends, Younger, Wofford, McDonald
Amendment failed 2 -Yes, 6 -No
Comments and questions on the Main Motion were provided by Wheeler, Runyon, and Daugs...
06:32:00 M /S /C /U (Wheeler /Flemister) Move to approve Ordinance No 5183 amending Section
13.04140 of the Bremerton Municipal Code relating to alcohol within the Louis Mentor Boardwalk,
as presented
City Council Reg Mtg Minutes
Wednesday, May 2, 2012
Page 4 of 5
719 — PROFESSIONAL SERVICES AGREEMENT WITH FCS GROUP, INC. TO CONDUCT
UTILITIES RATE STUDY Katy Allen Public Works & Utilities Director, explained that the rates
study for the City of Bremerton will assess and evaluate existing water, sewer, and stormwater rate
structure and provide recommendations for future rates The last utilities rate study was
performed in 2005 FCS Group was selected as the firm most qualified to perform this work
The objective of the Utilities Rate Study is to adequately fund utility operations, maintenance,
capital costs, and bonded debt while minimizing rates to the greatest degree possible The study
will be based on a comprehensive review of Bremerton's funds and budgets, industry benchmarks,
comprehensive utility plans, customer classes, current usage data, and future planned growth in
each utility service area Angle Sanchez with the FCS, Group provided additional information
about what issues the rate study would address
Todd Best asked for the cost to conduct a rate study, which he believed was dust going to be used
as a means to justify a utility rate increase Ms. Allen responded that the water rates for Kitsap
County are at the lower end of the spectrum, but that it is important for the City to scrutinize the
rates and a utility rate study will ensure the correct fees are charged to support the actual costs
06:48:29 Motion was made by Runyon, and seconded by Wofford Comments and questions
were then provided by Runyon, Younger, Daugs, Flemister, and Wheeler
06:56:15 M /S /C /U (Runyon/Wofford) Move to approve the professional services contract with FCS
Group, Inc , and authorize the Mayor to finalize and execute the agreement with substantially the
same terms and conditions as presented
7C — POTENTIAL CHANGE ORDERS FOR PARK PLAZA PROJECT Katy Allen Public Works
and Utilities Director and Becky Hasart Financial Services Director, stated that the City is in the
final stages of construction on the Park Plaza Phase I and H projects As we move forward
towards completion prior to the Armed Forces Day festivities, there are various change orders
needed to complete this work These change orders, in the aggregate, will exceed the authority
granted by City policy The attached staff report specifies which change orders are needed and
the associated dollar authorities requested
Regarding fiscal impacts, the change orders associated with the parking garage (Phase I) are part
of the Fund 305 Budget The cash associated with this budget was derived from bond proceeds
This budget may need an amendment, but requested authority will not exceed available cash
resources The change orders associated with Phase II of this project are part of the Fund 306
budget The cash associated with this budget was derived from a federal EPA grant ($2 6 million)
as well as proceeds from the sale of the developed retail pads, transfers from the utilities for their
appropriate related costs, close out of remaining cash from the Harborside Commons fund 304
and close out any remaining cash from the bond proceeds from the Phase I portion of the project
(Fund 305) This fund may also need an amendment, but again, requested authority will not
exceed available cash resources.
Joe Hudson owner of Evergreen Trophies, said that since Katy Allen has taken over as the
Project Leader, communication has greatly improved He thanked Ms Allen and the contractors
for working with him and other business owners of the area.
07:06:15 Motion was made by Flemister, and seconded by Wheeler Comments and questions
were then provided by Runyon.
07:08:11 M /S /C /U (Flem ister/W heeler) Move to approve the requested Change Order authorities
as presented and detailed in the included staff report
City Council Reg Mtg Minutes
Wednesday, May 2, 2012
Page 5 of 5
COUNCIL MEMBER REPORTS
Leslie Daugs thanked Todd Best and Robert Parker for their help to beautify Bremerton, attended
a Filipino- American Social and Installation of Officers, was pleased with the members of Daisy
Troop 43860 for planting a Blue Atlas cedar at Blueberry Park as a way to offer a "special place"
for Amina Kocer- Bowman, and announced that there will be a Flower Sale to benefit Amma
Bowman on Saturday beginning at 8 00 AM at the Parks Greenhouse
Roy Runyon welcomed new Japanese restaurant "Ichizen" to downtown, now located at 2001 st
Street across from the ferry terminal Hours will be Monday through Friday from 10 30 AM to 7 00
PM and on Saturdays from 3 00 to 7 00 PM
Greg Wheeler enjoyed attending the NAACP Freedom Fund Banquet last Saturday, which
included a much deserved award to former Council Member Dianne Robinson, and encouraged
attendance at the grand opening of the Bremerton Farmers Market and the First Friday Art Walk
activities this week
Faye Flemister also enjoyed seeing Dianne Robinson recognized at the NAACP Freedom Fund
Banquet, was excited about the long awaited grand opening of Matan Park at 2220 Anderson
Street on Friday, May 18 at 4 00 PM, announced that Emmanuel Apostolic Church will be hosting
the Annual Salad Bowl event on Saturday, May 19 immediately following the Armed Forces Day
Parade, and there will be a Black Veterans exhibit during the First Friday Artwalk from 100 to 8 30
PM, on May 16 through 19 from 1 00 to 6 00 PM, and on May 21 through 26 from 1 00 to 8 00 PM
at the Black Historical Museum located at 1201 Park Avenue
Carol Arends reminded everyone that the first Cinco de Mayo Street Fair & Carnival will be held in
the Historical Charleston District along Callow Avenue this Saturday, May 5 from 11 00 AM to 5 00
PM, and thanked volunteers, Parks Department, and Leslie Daugs and her husband for their help
in the Forest Ridge Park clean -up
Jim McDonald was pleased to attend the Open House last week for the Peninsula Community
Health Services, and provided a highlight of the services they offer, which includes walk -in
emergency services
With no further business, President McDonald adjourned the Council Meeting at 718 PM
Pre red and Submitted by
c�1
LORI SMITH
Legislative Assistant
Attest
SHANNON CORIN, Interim City Clerk
JIM McDONALD, City Council President
JM SC Is cg
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL U5
■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeseeeseeeeeaoaeseeeeeeeeeeeee�
SUBJECT: City Council Minutes for COUNCIL MEETING Date. May I & ao I ;x-
Department• City Council
S4� S�SSi tirl Presenter Jim McDonald
�A Council President
I "� q Phone (360) 473 -5280
SUMMARY: Attached is a summary of the City Council Meeting
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount). N/A
APPROVALS: N/A
RECOMMENDED MOTION:
Move to approve the Consent Agenda as presented
STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing
COUNCIL PRESIDENT rl 7, -1?�
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 4/18/2011
DIGITAL RECORDING
CITY COUNCIL STUDY SESSION MINUTES
May 9, 2012
A Study Session of the City Council of the City of Bremerton was called to order in the City
Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6 th Street,
Bremerton, Washington, Wednesday, May 9, 2012, at 5 00 PM, with Council President Jim
McDonald presiding Council Members present were Nick Wofford, Eric Younger, Carol Arends,
Faye Flemister, Greg Wheeler, Roy Runyon, Adam Brockus, and Leslie Daugs Lori Smith,
Legislative Assistant was present to provide staff support
President McDonald emphasized that the Study Session was open to the public, however
there would be no opportunities for input or participation, that no action will be taken, and the
content of these items is subject to change
The following Items are budgeted Items or have been reviewed by the appropriate Council
Committee, and will be placed on the May 16, 2012 Council Meeting Agenda unless otherwise
stated
A NO PRESENTATION PROVIDED —Only brief questions were asked and /or comments
made
1 Interlocal Agreement between the City of Bremerton, Central Kitsap Fire & Rescue,
South Kitsap Fire & Rescue, Central Communications (CenCom), Kitsap County
Coroner's Office, and the Kitsap County Sheriff's Office to establish the Kitsap
Readiness Center Joint Membership Group — Bremerton Fire Chief Al Duke, and Nick
Wofford, Public Safety & Parks Committee Chair Consent Agenda
2. 2012 Agency Service Agreement (Shelter Plus Care Grant) between the City of
Bremerton and Agape Unlimited — Marie Vila, DCD Block Grant Administrator, and Greg
Wheeler, Planning Committee Chair Consent Agenda
3 Agreement with JCI Jones Chemical, Inc to purchase 12 5% Bulk Sodium Hypochlorite
Solution for the Westside Wastewater Treatment Plant — Pat Coxon, Wastewater
Treatment Plant Manager, and Adam Brockus, Public Works Committee Chair
Consent Agenda
B FULL DISCUSSION ITEMS
4 Proposed public hearing and resolution to adopt the 2013 Bremerton / Kitsap County
Block Grant Program Policy Plan — Marie Vila, DCD Block Grant Administrator, and
Greg Wheeler, Planning Committee Chair Public Hearing
5 Ordinance to create Chapter 11 12 of the Bremerton Municipal Code (BMC) relating to
"Complete Streets" — Gunnar Fridriksson, Managing Engineer, and Adam Brockus,
Public Works Committee Chair Consent Agenda
6 Ordinance to remove Section 7 06 040 entitled "Sunset Provisions — Chickens" from the
Bremerton Municipal Code (BMC) — Roger Lubovich, City Attorney, and Nick Wofford,
Public Safety & Parks Committee Chair General Business
C GENERAL COUNCIL BUSINESS
Council Reports were provided and General Business was discussed
City Council Study Session Minutes
Wednesday, May 9, 2012
Page 2 of 2
With no further business, the Council Study Session was adjourned at 7 25 PM
Prepared and Submitted by
ALL &
LORI SMITH
Legislative Assistant
Attest
SHANNON CORIN, Interim City Clerk
JIM McDONALD, City Council President
JM SC Is cg
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 5D
seeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeaeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeee
SUBJECT: Kitsap Readiness Center Joint Study Session Date May 9, 2012
Membership Group Interlocal Cooperative COUNCIL MEETING Date May %62012
Agreement Department Fire
Presenter Al Duke, Fire Chief
Phone 473 -5380
SUMMARY: The Joint Management Group was created in 1995 to develop and implement the
Kitsap Readiness Center master plan as a regional training site Since that time CenCom, the
Coroners Office, Washington Youth Academy and the Kitsap County Sheriffs Office are now located
at the site The parties now desire to establish a separate legal entity to provide oversight for the
activities of the parties at the Readiness Center
ATTACHMENTS: Kitsap Readiness Center Joint Membership Group Interlocal Cooperative
Agreement
FISCAL IMPACTS (Include Budgeted Amount) $9,000 a year which has been budgeted under line
item number 526 5025 55300
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR
MAYOR
RECOMMENDED MOTION:
"Move to approve the Interlocal Agreement between City of Bremerton, Central Kitsap Fire & Rescue,
South Kitsap Fire & Rescue, Central Communications (CenCom), Kitsap County Coroner's Office
and Kitsap County Sheriff's Office establishing the Kitsap Readiness Center Joint Membership Group
and authorize the Mayor to finalize and execute the Agreement in substantially the same form as
presented "
STUDY SESSION ACTION: Co en Agenda El General Business F1 Public Hearing
COUNCIL PRESIDENT
COUNCIL ACTION: E] Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 11/02/2011
KITSAP READINESS CENTER JOINT MEMBERSHIP GROUP
INTERLOCAL COOPERATION AGREEMENT
THIS IS AN AGREEMENT entered into under the Interlocal Cooperation Act (Chapter
39 34 R C W ) Between Bremerton Fire Department ( "BFD "), Central Kitsap Fire and Rescue
( "CKFR" ), South Kitsap Fire and Rescue ( "SKFR" ), Kitsap County Sheriff s Office ( "KCSO "),
CENCOM/DEM ( "CENCOM ") and Kitsap County Coroners ( "KCC "), (hereinafter the
"parties "), by which the parties agree to establish and participate in joint membership of the
KITSAP READINESS CENTER (Readiness Center) and its accompanying services in
cooperation with the Military and further the parties hereto hereby establish the KITSAP
READINESS CENTER JOINT MEMBERSHIP GROUP (KRCJMG) which shall be under the
direct supervision of the KRCJMG Administrative Board herein created, and that KRCJMG shall
represent and make decisions for all parties regarding budgeting, staffing, equipment
procurement and utilization, operations, maintenance and planning for the use of the facilities
available at the Readiness Center This agreement supersedes and replaces any and all prior
agreements relating to the Readiness Center whether written or oral
WHEREAS, this Agreement is formed to be consistent with the provisions and terms of
the " Interlocal Cooperation Act" pursuant to RCW 39 34 et seq , and
WHEREAS, a Joint Management Group (JMG) was created in 1995 to develop and
implement the Kitsap Readiness Center master plan which was intended to provide anoint fire
training and emergency services facility, and
WHEREAS, it was believed that each of the parties and the public would benefit through
regional coordination and management of the Kitsap Readiness Center, and
WHEREAS, the Kitsap Readiness Center has now been developed and the parties have
determined that it is in the best interests of the public to continue to cooperate and utilize the
Readiness Center pursuant to a lease with the Military for cooperative training, operations,
communications and EMS administrative services, and
WHEREAS, the parties now desire to establish a separate legal entity to provide
oversight for the activities of the parties of the KRCJMG at the Readiness Center;
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS.
1. PURPOSE
The purposes of this Agreement are
a To provide a means for the continued development of a training and emergency services
center for the region's emergency service providers;
b To replace and supersede the original Kitsap Joint Fire Training and Emergency Service
Facility Master Plan Agreement, re- establishing the working relationship between the
parties and the Military who were the initial participants of that Agreement,
c To establish the current KRCJMG as a separate legal entity as authorized by RCW
39 34 030(3)(b),
d To establish a process of administrative oversight for such services provided by the new
KRCJMG, including entering into a lease with the Military for the use of the Readiness
Center facilities,
e To establish a process for other jurisdictions and public entities to become participants in
this Agreement
2. DEFINITIONS
Unless a different meaning is plainly required by the context, words and phrases used in this
agreement shall have the meanings attributed to them pursuant to state statute or other
controlling law, or as defined in this Agreement
a "Member Agency" means a voting and fees paying municipal or other governmental
entity which is a party to this agreement
b. "State" means the State of Washington
c "Region" means Kitsap County and other adjoining counties
d " Kitsap Readiness Center Joint Membership Group" means the separate legal entity
established and acknowledged by this Agreement to represent member agencies to carry
out those powers and managerial and administrative responsibilities delegated pursuant to
the provisions of this Agreement
e "Majority Vote" means more than one -half of the votes cast by member agency
representatives when a quorum is present
f "Administrative Board' shall mean the representatives of member agencies of the
KRCJMG identified in Section 4 of this Agreement
3. PARTICIPATION
The Bremerton Fire Department, Central Kitsap Fire and Rescue, South Kitsap Fire and
Rescue, Kitsap County Sheriff's Office, CENCOM/DEM and the Kitsap County Coroner's
Office participate in the formation and operation of the KRCJMG for the purposes
established pursuant to this Agreement Other governmental organizations may Join the
KRCJMG upon approval of the KRCJMG Administrative Board and by agreeing to the terms
of this Agreement established below Other organizations who are not governmental
organizations may participate and take advantage of the services provided by the KRCJMG
pursuant to separate service agreements
4. MEMBERSHIP AND VOTING RIGHTS OF THE KRCJMG ADMINISTRATIVE
BOARD
A Membership in the KRCJMG is established by execution of this Agreement and payment
of any required fees as established by the Administrative Board
1 A municipal or government entity that desires to become a later member of
the KRCJMG must obtain permission to do so by a majority note of the
Administrative Board The required permission applies to any entity that
wishes to become a member Any entity seeking to join the KRCJMG must
sign an amendment to this Agreement establishing their membership
However, such membership is subject to legislative approval of all member
agencies Further, any entity seeking to Join the KRCJMG must pay all fees
in accordance with this Agreement
B The KRCJMG Administrative Board shall consist of one (1) representative from each
participating member agency, each of whom is delegated one vote
The membership and structure of the KRCJMG Administrative Board may only be modified
through an amendment to this agreement, recommended by a majority of the Administrative
Board and approved by a majority of the member agencies
The KRCJMG Administrative Board may, in the event of a permanent vacancy on the Board,
solicit the appointment of a replacement member from member agency. In the event that the
member agency fails to appoint a replacement within sixty (60) days of the Board's request, the
Board may select a person to fill that vacancy
5. AUTHORITY AND RESPONSIBILITIES OF THE KRCJMG
ADMINISTRATIVE BOARD
The KRCJMG Administrative Board shall have the authority and the responsibilities to provide
policy and legislative direction for the KRCJMG and its administration, and in particular shall
a Establish bylaws that govern the procedures of the KRCJMG Administrative Board and
daily operations of the KRCJMG,
b Recommend appropriate action for the KRCJMG to the legislative bodies of the
participating members,
c If determined to be in the best interest of the KRCJMG, appoint an Executive Director,
d Provide supervision of an Executive Director,
e Establish or cause to be established a fund or funds as authorized by RCW 39 34 030 for
the operation of the KRCJMG, provided that with respect to funds for Emergency
Management Services those funds shall be administered pursuant to RCW 38 52,
f Enter into agreements with, and receive and distribute funds from any federal, state or
local agencies, provided that with respect to funds for Emergency Management Services
those funds shall be administered pursuant to RCW 38 52;
g Determine what services are to be offered by the KRCJMG and under what terms they
shall be offered,
h Review and adopt annual budgets,
i Review and approve budget expenditures,
J Enter into agreements with third parties for services necessary to fully implement the
purposes of this agreement;
k Apply for such federal, state, or private funding of any nature as may become available to
assist the KRCJMG in carrying out its purposes and functions,
I Purchase, take, lease, take by gift, or otherwise acquire, own, hold, improve, use and
otherwise deal in and with real or personal property,
in Sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of
property and assets,
n Sue and be sued, complain and defend, in all courts of competent jurisdiction,
o Enter into contracts,
p Review and adopt personnel, purchasing and financial policies,
q Any and all other acts necessary to further the KRCJMG's goals and purposes
6. AUTHORITY AND RESPONSIBILITY OF THE KRMCG DIRECTOR
Should the KRCJMG Administrative Board determine that an Executive Director is necessary to
effectively operate the Readiness Center, the Administrative Board shall establish, pursuant to a
written job description, the duties and responsibilities of the KRCJMG Director
7. FINANCING
A Cost Allocation All members shall pay the one -time cost assessment and the annual
maintenance fees as described in the Bylaws Such assessments and fees shall be maintained
in a Fund identified as Operating Fund # 90921 (the Fund) Non - members shall be assessed
fees in accordance with the Bylaws Additionally, should the Fund created for the operation
of the Readiness Center ever become depleted to the point that the purposes of the KRCJMG
are unable to be met, the KRCJMG Administrative Board shall determine if additional
assessments to the member agencies are necessary Should the Administrative Board
determine that additional assessments are necessary, it shall notify the member agencies of
such assessment ninety (90) days prior to such assessment becoming due If any additional
assessments or annual maintenance fees are not paid timely after notice of the
assessment/fees are received, the member is subject to having its membership status revoked
by majority vote of the KRCJMG Administrative Board
B Local Government Accounting All services and transfers of property to the Kitsap
Readiness Center shall be paid and accounted for in accordance with Washington State Local
Government Accounting procedures
C The Fiscal Year The fiscal year shall coincide with the calendar year
D Adoption of Budget By September of each year the KRCJMG Administrative Board
shall adopt a draft annual work program, budget, and cost allocation of the ensuing fiscal
year that identifies anticipated activities, goals, revenues, and expenditures for completing
the work program The final work program, budget, and cost allocation for the ensuing year
shall be adopted by the KRCJMG Administrative Board no later than November of each
year No increase or decrease to the final budget shall occur without the approval of the
KRCJMG Administrative Board. All expenditures shall be made from the Fund identified
earlier
E Notice of Budget On or before September 30, the KRCJMG Administrative Board shall
provide written notice of the ensuing year's draft budget, work plan, and cost allocation to
each member agency On or before November 30, the KRCJMG Administrative Board shall
provide written notice of the final budget, work plan, and cost allocation adopted for the
ensuing fiscal year to each member agency
F. Accountmg_Budgeting, and Reporting The KRCJMG shall be subject to the Budgeting
Accounting & Reporting System (BARS) Cities, Counties and Special Purpose Districts Cash
Basis manual
G Fiscal Agent The KRCJMG Administrative Board shall identify a fiscal agent for the
KRCJMG
H Contracting All contracts made by or on behalf of the KRCJMG shall be in accordance
with state law, including, but not limited to Chapter 39.04 RCW, and Chapter 42 23 RCW,
and Chapter 42 24 RCW
8. FACILITIES AND PROPERTY
The facilities subject to the use of the KRCJMG are as identified pursuant to Exhibit A of this
Agreement Each party's responsibility as it relates to those facilities identified shall be
established pursuant to a Lease agreement hereinafter established
9. DURATION
This Agreement shall remain in full force and effect in perpetuity from its effective date unless
earlier terminated or modified as provided herein
10. MODIFICATION
The terms of the Agreement shall not be altered or modified unless agreed to in writing by all
member agencies and such writing shall be executed with the same formalities as are required for
the execution of this document
11. TERMINATION/DISPOSAL OF ASSETS
A Any member agency has the right to withdraw from this Interlocal Agreement by giving
the KRCJMG Administrative Board six (6) months prior written notice Unless
otherwise provided by future agreement, any member agency that withdraws shall remain
responsible for its financial and other obligations with regard to the KRCJMG activities
until the effective date of withdrawal and with regard to agreements to which the Council
is party and which exist at the time of such notice of withdrawal Withdrawal by one
member agency to the Interlocal Agreement shall not terminate the Agreement as to any
other remaining member agencies Except as provided in Section 11 of this Agreement,
any member agency that withdraws from this Agreement forfeits any rights it may have
to the KRCJMG assets, provided, however, such forfeiture shall not take effect if the
KRCJMG dissolves within one (1) year of the date of the withdrawal notice
B Upon dissolution of the KRCJMG, any KRCJMG assets, after payment of all liabilities,
costs, expenses and charges validly incurred under this Agreement, shall be distributed to
member agencies which are members of the KRCJMG on the date of dissolution
Distribution of assets shall be in equal distributions as described in the Bylaws, in
accordance with Section 7(B) of this Agreement, and existing at the time of dissolution
The debts, liabilities, and obligations of the KRCJMG shall not constitute a debt, liability
or obligation of any member agency If assets can not reasonably be distributed, the
KRCJMG shall declare the assets to be surplus, and shall offer the assets for sale
according to the requirements of Chapter 43 19 RCW, and shall distribute the proceeds
from the sales in equal distributions as established by the Administrative Board
12. HOLD HARMLESS
Each party shall defend, indemnify and save all other parties harmless from any and all claims
arising out of that party's negligent performance of this agreement. Any loss or liability
resulting from negligent acts, errors, or omissions of the KRCJMG Administrative Board,
KRCJMG Director and /or KRCJMG staff shall be borne by the KRCJMG exclusively
13. INSURANCE
A Any loss or liability to third parties resulting from negligent acts, errors, or omissions of
the KRCJMG Administrative Board, member agencies, and/or employees while acting
within the scope of their authority under this Agreement shall be borne by the KRCJMG
exclusively, and the KRCJMG shall defend such parties, at its cost, upon request by the
member agency, Board member, and /or employee
B The KRCJMG Administrative Board shall obtain commercial general liability, and auto
liability insurance coverage for the KRCJMG Administrative Board, and any staff
employed by the KRCJMG, at levels no less than $1 million single occurrence and $2
million aggregate for each type of liability that is insured The policy shall name each
member agency, and their respective elected officials, officer, agents, and employees as
additional insured's The KRCJMG Administrative Board shall annually evaluate the
adequacy of the KRCJMG's insurance coverage
C The KRCJMG Administrative Board shall require that all contractors and subcontractors
utilized by the KRCJMG obtain insurance coverage consistent with Section 13(B)
14. INTERLOCAL COOPERATION ACT COMPLIANCE
This is an agreement entered into under Chapter 39 34 RCW Its duration is as specified in
Section 9 The organization, composition and nature of the KRCJMG Administrative Board is as
specified in Section 4 Its purposes are as described in Section 1 Its manner of financing and
budgeting is as described in Section 7 Its termination as described in Section 11 The method
for disposing of property upon withdrawal or termination is set forth in Section 11
15. WAIVER
The failure of any party to insist upon strict performance of any of the terms and conditions of
this Agreement shall not be construed to be a waiver or relinquishment of same, but the same
shall be and remain in full force and effect
16. NOTICES
Except as provided elsewhere in this Agreement, any notice required by this Agreement shall be
made in writing to the representative(s) identified in Section 4 with a copy of such notice
provided to the Executive Director, if one has been appointed by the KRCJMG Administrative
Board Notice is effective on the third day following deposit with the U S Postal Service,
regular mail
17. VENUE
This Agreement shall be governed by the laws of the State of Washington, both as to its
interpretation and performance Any action at law, suit inequity, or other Judicial proceeding
ansing in connection with this Agreement may be instituted and maintained only in a court of
competent Jurisdiction in Kitsap County, Washington
18. ENTIRETY
This Agreement supersedes all previous JMG mterlocal agreements, if any, and all prior
discussions, representations, contracts, and/or agreements between the parties relating to the
subject matter of this Agreement and constitutes the entire contract between the parties
19. SEVERABILITY
If any of the provisions of the Agreement are held illegal, invalid or unenforceable, the
remaining provisions shall remain in full force and effect
20. CLAIMS
A Any claim for damages made under Chapter 4 96 RCW shall be filed with the Chair of
the KRCJMG Administrative Board, or other Agent as identified pursuant to the
KRCJMG Bylaws
B Upon receiving a claim for damages, or any other claim, a copy of the claim will be
provided to each member agency
21. EXECUTION AND FILING
The parties agree that there shall be multiple original signature pages of this Agreement
distributed for signature by the necessary officials of the parties Upon execution, the executed
original signature pages of this Agreement shall be returned to the Chair of the KRCJMG
Administrative Board who shall file an executed original of this Agreement with the Kitsap
County Auditor. The Chair of the Administrative Board shall distribute duplicate conformed
copies of the Agreement to each of the parties Parties that sign on as members at a later date
will provide original signature pages of this Agreement to Kitsap County Auditor for filing The
Chair of the Administrative Board shall distribute duplicate conformed copies of the signature
pages filed later to each of the parties
22. EFFECTIVE DATE
This Agreement shall go into effect among and between the parties upon its execution by all of
the parties, as evidenced by the signatures and dates affixed below and upon its filing with the
County Auditor as provided in Section 21.
IN WITNESS WHEREOF, this Agreement has been executed by each party on the date set forth
below
Executed this day of 92011
CITY OF BREMERTON
Patty Lent, Mayor
APPROVED AS TO FORM
Roger A Lubovich, City Attorney
ATTEST
Shannon Conn, Interim City Clerk
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 56
SUBJECT: 2012 Renewal of Shelter Plus Study Session Date May 9, 2012
Care Grant Agreement with Agape Unlimited COUNCIL MEETING Date May 16, 2012
Department DCD — Block Grant
Presenter Marie Vila
Phone 360 -473 -5375
SUMMARY: Since 1996, the City of Bremerton has acted as a pass- through agent for the Shelter
Pius Care program administered locally by Agape Unlimited Funded by the McKinney -Vento Act
and administered by the Department of Housing and Urban Development, Shelter Plus Care funds
provide rental assistance for homeless individuals and families affected by mental illness, chemical
dependency, or both Participants receive assistance and counseling until they reach self
sufficiency, which averages about two years
The City's contract with Agape is renewed annually, as is the City's Shelter + Care contract with
HUD The City and Agape have received "renewal" status with HUD and the annual application
submitted is not awarded on a competitive basis but rather renewed based on meeting program
performance criteria The City has executed its contracts with HUD, and may now proceed with
contracts between the City and Agape
ATTACHMENTS: Contract between the City of Bremerton and Agape Unlimited (Exhibit A)
FISCAL IMPACTS (Include Budgeted Amount) Pass -thru funding of $203,820 00 from the
Department of Housing and Urban Development to Agape Unlimited, Project Sponsor City retains
2% of allowable administration funds to offset staff time spent administering grant
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR
MAYOR
RECOMMENDED MOTION:
Move to approve the 2012 Service Agreement between the City of Bremerton and Agape Unlimited
and authonze the Mayor to finalize and execute the agreement with substantially the same terms and
conditions as presented
STUDY SESSION ACTION: Consent Agenda F1 General Business ❑ Public Hearing
e COUNCIL PRESIDENT
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
AGENCY SERVICE AGREEMENT
Shelter Plus Care Grant
CFDA Number: 14.238
AN AGREEMENT, by and between the City of Bremerton hereinafter referred
to as "City" and Agape Unlimited, hereinafter referred to as "Agency" by which the
Agency agrees to carry out specific activities under the City of Bremerton's Shelter Plus
Care Grant Program and establishing certain other terms and conditions of operation
IT IS MUTUALLY AGREED AS FOLLOWS:
ARTICLE I. PROJECT
1. SCOPE OF SERVICES
The City, as recipient of a Shelter Plus Care Grant from the United States
Department of Housing and Urban Development (HUD), hereby designates the Agency
to undertake, and the Agency hereby agrees to undertake the activities specifically
described in the applications and management procedures /plan and summarized below
Agency will provide affordable housing and a full range of services to homeless
individuals who have chronic alcohol and drug problems The continuum of housing
linked to appropriate social services is designed to promote self - sufficiency and clean and
sober living by providing gradually increasing levels of responsibility and independence
based on personal progress in meeting recovery goals. Project based assistance will be
provided in accordance with the City's agreement with HUD for grant number
WA0098COT011104, executed on April 10, 2012 for renewal date July 1, 2012. Tenant
Based assistance will be provided in accordance with the City's agreement with HUD for
grant number WA010000T011104, executed on March 6, 2012 for renewal date
February 1, 2012 Sponsor Based assistance will be provided in accordance with the
City's agreement with HUD for grant number WA0099COT011104, executed on March
6, 2012 for renewal date February 1, 2012
The Management Procedures/Plan (Attachment 1) outlines the management of the three
programs
2. TERM OF AGREEMENT
The term of this Agreement is February 1, 2012 through June 30, 2013,
determined by the specific grant, but may be extended pursuant to an amendment to this
Agreement as authorized in Article IV 8, or should additional time for auditing this
project be required, in accordance with law, this Agreement shall be deemed
automatically extended until such time as the said audit shall be completed In any event,
the term of this Agreement shall cover the period that the Agency has control over
Shelter Plus Care funds
3. PROGRAM REPORTING
The Agency shall submit such reports as required by the City to meet its local
obligations and its obligation to the Department of Housing and Urban Development
The City will prescribe the report format, as well as the time and location for submission
of such reports Required reports include but are not limited to the following
(A) Semi - Annual Performance Reports which shall include all information required
by HUD in the final Annual Performance Report
(B) Annual Housing Quality inspections and rent reasonableness studies
ARTICLE II. FINANCIAL CONDITIONS
1. BUDGET AND COMPENSATION
The City shall reimburse the Agency its allowable costs for the services identified
in this Agreement not to exceed $ 40,368.00 (Forty thousand three hundred sixty -eight
dollars) under project based assistance contract WA0098COT011104; $112,500.00 (One
hundred twelve thousand five hundred dollars) under sponsor based assistance
contract WA0099COT011104, and $50,952.00 (Fifty thousand nine hundred fifty -two
dollars) under tenant based contract WAOI OOCOT011104 upon presentation of properly
executed monthly invoices in a form approved by the City
Such reimbursement shall constitute full and complete payment by the City under
this Agreement Allowable costs shall mean those necessary and proper costs identified
in the Agency's application and approved by the City unless any or all such costs are
disallowed by the State of Washington or the United States
2. DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING
All costs shall be supported by documentation, as evidence of the nature and
propriety of the charges All accounting documents pertaining in whole or in part to this
Agreement shall be clearly identified and readily accessible, and upon reasonable notice,
the City and United States shall have the right to audit the records of the Agency as they
relate to the work The Agency shall also
(A) Maintain an effective system of internal fiscal control and accountability for all
Shelter Plus Care funds, and make sure the same are used solely for authorized
purposes
(B) Keep a continuing record of all disbursements by date, check number, amount,
vendor, description of items purchased and line item from which money was
expended, as reflected in the Agency's accounting records
(C) Maintain financial records for a period of five (5) years after receipt of final
monitoring letter from the City provided that the Annual State audit (which
includes the Shelter Plus Care Program) has been completed
(D) Permit inspection and audit of its records with respect to all matters authorized by
this Agreement by representatives of the City the State Auditor or the United
States at any time during normal business hours and as often as necessary
(E) Inform the City concerning any funds allocated to the Agency that the Agency
anticipates will not be expended during the Agreement period, and permit
reassignment of the same by the City to other agencies.
(F) Repay to the City any funds in its possession at the time of termination of this
Agreement that may be due to the City or the United States
3. REIMBURSEMENT
The City shall reimburse the Agency only for actual incurred costs upon
presentation of a properly executed invoice in a form approved by the City Only those
allowable costs directly related to the Agency's application, shall be paid consistent with
Article II paragraph 2
In the event the City or United States determines any funds were expended by the
Agency for unauthorized or ineligible purposes or the expenditures constitute disallowed
costs in any other way, the City or United States may order repayment of the same. The
Agency shall remit the disallowed amount to the City within thirty (30) days of written
notification of the disallowance
(A) The Agency agrees that funds determined by the City to be surplus upon
completion of the Agreement will be subject to cancellation by the City
(B) The Agency agrees that upon expiration of this Agreement, the Agency shall
transfer to the City any Shelter Plus Care funds on hand at the time of expiration
and any account receivable attributable to the use of Shelter Plus Care funds
(C) The City shall be relieved of any obligation for payments if funds allocated to the
City cease to be available for any cause other than misfeasance of the City itself
(D) The City reserves the right to withhold payments pending timely delivery of
program reports or documents as may be required under this Agreement
ARTICLE III. FEDERAL CONDITIONS
1. UNIFORM ADMINISTRATIVE REQUIREMENTS
Agency shall comply with regulations set forth in 24 CFR part 582
2. CONFLICT OF INTEREST
In addition to the conflict of interest requirements in 24 CFR part 85, no person
who is an employee, agent, consultant, officer, or elected official or appointed official of
the Agency, who exercises any function or responsibilities with respect to the program or
who are in a position to participate in a decision making process or gain inside
information with regard to such activities, may obtain a financial interest or benefit from
the activity, or have a financial interest in any contract, subcontract, or agreement with
respect to the proceeds of the shelter plus care assisted activity either for themselves or
those with whom they have business or immediate family ties, during their tenure or for
one year thereafter Participation by homeless individuals who also are participants
under the program in policy or decision making under 24 CFR part 582 300 does not
constitute a conflict of interest
3. DISPLACEMENT, RELOCATION, AND REAL PROPERTY
ACQUISITION
The Agency shall comply with the requirements relating to displacement,
relocation, acquisition and replacement of housing (24 CFR part 582 335) Displacement
of persons (families, individuals, businesses, non - profit organizations and farms) as a
result of activities assisted with Shelter Plus Care funds is generally discouraged and in
all instances must receive prior written approval from the City
4. LEAD BASED PAINT
Agency shall comply with HUD Regulations on Lead Based Paint hazards in
federally owned housing and housing receiving Federal assistance (24 CFR Part 35)
5. DISCRIMINATION PROHIBITED
Under the activities, funded in whole or in part by Shelter Plus Care, Agency shall
comply with 24 CFR part 582 330
ARTICLE IV: GENERAL CONDITIONS
1. COMPLIANCE WITH LAWS
The Agency, in performance of this Agreement, agrees to comply with all
applicable Federal, State and Local Laws and ordinances, and the rules and regulations
promulgated by the U S Department of Housing and Urban Development, including but
not limited to Shelter Plus Care Regulations and other policies and guidelines established
for the Shelter Plus Care Program regardless if the law is specifically stated in this
Agreement
2. LICENSING AND PROGRAM STANDARDS
The Agency agrees to comply with and to obtain at its own expense, if necessary,
all applicable Federal, State, County or Municipal standards for licensing, certification
and operation of facilities and programs, and accreditation and licensing of individuals,
and any other standards or criteria as described in the Contract to assure quality of
services
3. INSURANCE
The Agency shall maintain at all times a policy of comprehensive general liability
insurance providing an amount of $1,000,000 00 per occurrence, protecting the City of
Bremerton from any and all damages which may arise in connection with the services to
be provided hereunder, whether or not such damages are alleged to arise from acts or
omissions which are the sole negligence of the City, its officers, employees, and or
agents, or the combined negligence of the City and others Such insurance shall include
the City as additional insured and shall not be reduced or canceled without 30 days
written prior notice to the City The Agency shall provide and maintain a current
Certificate of Insurance as evidence of the insurance required in this section.
4. INDEMNITY
The Agency agrees to defend, indemnify and hold harmless the City, its appointed
and elected officers and employees, from and against any and all liability, loss, costs,
damage and expense, including costs and attorney fees in defense thereof because of
actions, claims or lawsuits for damages resulting from personal or bodily injury,
including death at any time resulting therefrom, sustained or alleged to have been
sustained by any person or persons and on account of damage to property, ansing or
alleged to have arisen directly or indirectly out of or in consequence of or the
performance of this Agreement, whether such injuries to persons or damage to property is
due to the negligence of Agency, its subcontractors, agents, successor, or assigns This
provision shall be inapplicable to the extent the City are judicially found solely negligent
for such damage or injury
5. NOTICES
Any notices required to be given by the City to the Agency or by the Agency to
the City shall be in writing and delivered to the following parties at the following
addresses
City- Agency
CDBG Program Administrator Barbara Day Max
City of Bremerton AGAPE
345 6ih Street Suite 600 5464 Kitsap Way
Bremerton, WA 98337 Bremerton, WA 98312
6. ASSIGNMENT AND SUBCONTRACTING
The Agency shall not assign or subcontract any portion of the services provided
within the terms of this contract without obtaining prior written approval from the City
All terms and conditions of this Contract shall apply to any approved subcontract or
assignment related to the Contract
7. RESERVATION OF RIGHTS
Failure to insist upon strict compliance with any terms, covenants or conditions of
this Agreement shall not be deemed a waiver of such, nor shall any waiver or
relinquishment of such right or power at any time be taken to be a waiver of any other
breach
8. AMENDMENTS TO AGREEMENT
The parties hereby further agree that this Agreement cannot be amended or
modified without the written concurrence of both parties
9. FAILURE TO PERFORM
In the event of a failure by the Agency to comply, with any terms or conditions of
this Contract or to provide in any manner the activities or other performance as agreed to
herein, the City reserves the right to temporarily withhold all or any part of payment
pending correction of the deficiency, suspend all or part of the contract, or prohibit the
Agency from incurring additional obligations of funds until the City is satisfied that
corrective action has been taken or completed The option to withhold funds is in
addition to, and not in lieu of, the City's right to terminate as provided in Article IV 10 of
the General Conditions of this Agreement The City may consider performance under
this Agreement when considering future awards.
10. TERMINATION
If the Agency fails to comply with the terms and conditions of this Agreement,
the City may pursue such remedies as are available in accordance with 24 CFR 85 43
including but not limited to, the termination of this Agreement in the manner specified
herein
(A) Termination for Cause - If the Agency fails to comply with the terms and
conditions of this Agreement and any of the following conditions exist
(1) The lack of compliance with the provisions of this Agreement are of such
scope and nature that the City deems continuation of this Agreement to be
substantially non - beneficial to the public interest,
(2) The Agency has failed to take satisfactory corrective action as directed by
the City or its authorized representative within the time specified by same,
(3) The Agency has failed within the time specified by the City or its
authorized representative to satisfactorily substantiate its compliance with
the terms and conditions of this Agreement,
The City may terminate this Agreement in whole or in part, and thereupon shall
notify in writing the Agency of the termination, the reasons therefore, and the effective
date. The effective date shall not be prior to notification of the termination by the City to
the Agency Costs resulting from obligations incurred by the Agency after termination of
the Agreement are not allowable unless specifically authorized in writing by the City.
(B) Termination for Convenience
The award may be terminated for convenience, in whole or in part, as follows-
(1) By the City with the consent of the Agency The two parties shall agree
upon the termination conditions, including the effective date and in the
case of partial termination, the portion to be terminated, or
(2) By the Agency upon submitting written notification to the City The
written notification must set forth the reasons for the termination, the
effective date, and in the case of partial termination, the portion to be
terminated. However, in the case of a proposed partial termination, the
City may terminate the award in its entirety if the City determines that the
remaining portion will not accomplish the purpose for which the award
was made.
(C) Termination for Withdrawal, Reduction or Limitation of Funding In the event that
funding from the Federal government is withdrawn, reduced or limited in any way
after the effective date of this contract, and prior to its normal completion, the
City may summarily terminate this Contract as to the funds reduced or limited,
notwithstanding any other termination provision of this contract Termination
under this Section shall be effective upon receipt of written notice by the Agency
or its representative
11. CLOSE -OUT
Upon termination of this Contract, in whole or in part for any reason including
completion of the project, the following provisions shall apply
(A) Upon written request by the Agency, the City shall make or arrange for payment
to the Agency of allowable reimbursable costs not covered by previous payments,
(B) The Agency shall submit within thirty (30) days after the date of expiration of this
Agreement, all financial, performance and other reports required by this
Agreement, and in addition, will cooperate in a program audit by the City,
(C) In the event a financial audit has not been performed prior to close -out of this
Agreement, the City retains the right to withhold a just and reasonable sum from
the final payment to the Agency after fully considering the recommendation on
disallowed costs resulting from the final audit
12. VENUE AND CHOICE OF LAW
Any action at law, suit in equity, or other judicial proceeding for the enforcement
of this Agreement or any provisions thereof shall be instituted only in the Court of the
State of Washington, County of Kitsap It is mutually understood and agreed that this
Agreement shall be governed by the laws of the State of Washington, both as to
interpretation and performance
13. SEVERABILITY CLAUSE
It is understood and agreed by the parties that if any part, term, or provision of
this contract is held by the courts to be illegal or in conflict with any law of the state
where made, the validity of the remaining portions or provisions shall not be affected,
and the rights and obligations of the parties shall be construed and enforced as if the
Agreement did not contain the particular part, term, or provision held to be invalid.
14. INTEGRATED DOCUMENT
This Agreement with any attachments constitutes the entire agreement between
the parties and both parties acknowledge that there are no other agreements, written or
oral, that have not been fully set forth in the text of this Agreement.
EXECUTED this day of 2012
AGENCY-
AGAPE Unlimited
(Agency)
BY.
(Signature)
(Please Print Name and Title)
(Date)
ADMINISTRATOR SHELTER PLUS CARE PROGRAM
Administrator Date
MAYOR, CITY OF BREMERTON
Patty Lent Date
Approved as to form
B merton City Attorney
INDEX TO SHELTER PLUS CARE AGREEMENT
Article I. Project
1 Scope of Services
2 Term of Agreement
3. Program Reporting
Article II Financial Conditions
1 Budget and Compensation
2 Documentation of Costs and Other Financial Reporting
3 Reimbursement
Article III. Federal Conditions
1 Uniform Administrative Requirements
2 Conflict of Interest
3 Displacement, Relocation, Acquisition and Replacement of Housing
4 Lead Based Paint
5 Discrimination Prohibited
Article IV General Conditions
1 Compliance with Laws
2 Licensing and Program Standards
3 Insurance
4 Indemnity
5 Notices
6 Assignment and Subcontracting
7 Reservation of Rights
8 Amendments to Agreement
9 Failure to Perform
10 Termination
11 Close -Out
12. Venue and Choice of Law
13 Severability Clause
14 Integrated Document
ATTACHMENT #1
SHELTER PLUS CARE
MANAGEMENT PROCEDURES/PLAN
Shelter Plus Care (SPC) is a U.S Department of Housing and Urban Development
(HUD) housing grant specifically aimed at housing the disabled homeless population
while ensuring that their on -going needs are met through active case management SPC
provides housing assistance funds and requires the agency involved to provide an equal
amount of services to the client. The client must be homeless and disabled with either, or
a combination of the following disabilities severe mental illness, chemical dependency,
or AIDS or AIDS related illness AGAPE, as sponsor of the SPC Program will manage
the program in accordance with the plan as described in the application and described
below.
Scope of Services/History
The City of Bremerton initially submitted an application to HUD on July 6, 1993 under
the McKinney Shelter Plus Care Program for rent assistance to provide alcohol /drug free
permanent housing for 8 homeless women with children and 16 homeless men disabled
by chronic alcoholism and substance abuse A grant in the amount of $596,400 00 was
awarded on January 5, 1995. Agape Unlimited, a state licensed non - profit alcohol and
drug treatment provider, serves as the sponsor and primary social service provider for the
project Agape Unlimited and the City have successfully applied for renewal funds every
year since the initial award, see below for current funding levels
Funds were awarded under three components of the Shelter Plus Care Program
Protect Based Rental Assistance (PBRA) Assistance is provided to AGAPE for units
located at 1323 and 1329 Crawford St Participants do not retain assistance if they move
Sponsor based Rental Assistance (SBRA) Participants reside in housing owned or leased
by Agape Participants do not retain assistance if they move
Tenant Based Rental Assistance (TBRA) Provides grants for rental assistance which
allows participants to choose housing of appropriate size (goes with tenant) Agape may
require participant to live in a specific structure the first year and in a specific area for the
remainder of the participation Units are located throughout Bremerton city limits
All three components, Project Based Rental Assistance (PBRA), Tenant Based Rental
Assistance (TBRA) and Sponsor Based Rental Assistance (SBRA) of the original grant
have been completed and must be renewed annually. The City submitted and received
funding for 2012 as follows
Program I Amount 10 BR 1 -BR I 2 -BR I 3 -BR 4-BR 5 -BR
TBRA 1 $50,952.00 4 1 1
1
SBRA $112,500.00 14 14 11
PBRA $40,368.00 1 1 1 1 W ��]
Agape's program is composed of three stages
• Initial outreach and residential chemical dependency treatment (funded by non Shelter
Plus Care sources);
• Drug/alcohol free group living with intensive treatment and fob training services,
(Protect Assistance)
• Permanent supportive housing in the community (TBRA and SBRA)
The continuum of housing linked to appropriate social services is designed to promote
self - sufficiency and clean and sober living by providing gradually increasing levels of
responsibility and independence based on personal progress in meeting recovery goals.
The group houses, located at 1323 and 1329 Crawford St in Bremerton, provide 18 beds
of permanent housing with cooking, cleaning, laundry and recreational facilities including
a common room and garden The program provides a home -like, not an institutional
environment for residents Moreover, the houses are only two blocks from the Agape
outpatient treatment facility
The Sponsor based component is typically used both as an intermediary phase and an
alternative to group living for families Agape has identified apartment units throughout
the community to utilize in the program.
For the Tenant based component, participants must have obtained the self - sufficiency to
maintain a unit with little assistance
Participant Selection
Participants must be
• Chemically dependent, participating in an outpatient treatment program
• 18 years of age or older
• Homeless
Living on the street or in a homeless shelter, released (with no housing options) to the
streets from fail, in- treatment programs, and hospitals
Priority for housing assistance will be as follows
First Priority. Individuals living on the street,
Second Priority: Release from the fail to the street;
Third Priority: Release from treatment to the street
Screening and selection process will be coordinated by AGAPE who will interview each
potential participant to determine eligibility. Persons eligible for the project will be
placed on a waiting list and are responsible to contact AGAPE, by telephone, at least once
2
every three days to indicate they are still interested in the program Tenants are selected
from those eligible based upon their position on the waiting list (unless there are
documented extenuating circumstances)
Method for Assigning Units
Assignment of units is determined according to the clients' needs, including stability in
treatment, family size, level of self - sufficiency and need for on -going peer support
When residents move out of a Project Based unit, Agape will move new residents into the
bedroom that was vacated Participants that can be accommodated by the Project Based
houses will not be moved around the house unless a woman or man with several children
requires the larger spaces located in the lower level of the buildings Men, including men
with children reside in one house and women, including women with children reside in
the other house
Smaller Sponsor Based units are utilized by single individuals high in self - sufficiency.
Large units are utilized as multiple adult dwellings or as housing for parents with
dependent children The appropriate housing unit will be determined taking into
consideration the quality, access to services, and appropriateness of the unit type
Those moving into Tenant Based assistance will locate their own housing within the City
of Bremerton AGAPE will assure the unit meets HQS The size and type of housing
will be determined according to family size and need.
Participant Role in Operations/Management
Residents at the group houses will be responsible for regular house maintenance,
including cleaning and yard work. Group home residents will have weekly house
meetings to address both community and operations issues, and will provide input on
program evaluation These meetings will address mutual responsibility for house chores
All program participants will be involved in decision making and problem solving for the
program through on -going program evaluations
Applicant Role in Operations/Maintenance
Agape is responsible to ensure that the houses are properly maintained, contract for
necessary repairs, collect rent, provide cleaning supplies and provide yard tools Agape
counselors assist residents to develop skills for house maintenance, implement the chore
list, and facilitate resident meetings Agape is responsible to ensure that sufficient
funding is available to operate and maintain the buildings properly. Agape pays all utility
bills, but not long distance phone costs. Agape is available in the evenings and weekends
to provide help and supervision for participants
3
Participant Eligibility Verification
Agape will verify eligibility and determine Total Tenant Payment (TTP) for all
participants. The following documentation will be required to determine eligibility for
each participant
1. Intake application
2 Certification of homelessness
3 Certification of disability
4 Income verification
Payment
The rent to be paid by each tenant will be calculated based on the highest of
• 30 percent of the family's monthly adjusted income (adjustment factors include the
number of people in the family, age of family members, medical expenses, and child
care expenses); or,
• 10 percent of the family's monthly income
Housing Quality Standards and Rent Reasonableness Certification
All necessary Housing Quality Standards (HQS) Inspections and Rent reasonableness
studies will be performed by Agape who will also maintain the required documentation
Agape may enter into a contractual agreement relative to the Shelter Plus Care Program
with a landlord only after it has certified that the housing unit meets HQS and rent
reasonableness criteria
Lead Based Paint Requirements
AGAPE will assure all units meet HUD's Lead Based Paint Requirements
Assessment Methods
The Continuum of Care Coalition consists of local participating agencies providing
services, and Agape The committee will meet at least monthly to share program
information on housing units, client services and record keeping requirements. The City
of Bremerton will participate in the meetings once a year
Additionally, the Coalition will assess and make recommendations regarding
• how effective outreach efforts were to identify initial program participants and
additional participants as space became available,
• how well coordinated the system of services is to meet the changing needs of clients,
• how efficient is the mechanism for administering rental assistance
The Coalition will discuss specific case studies to measure the clients' stability in
housing, improved functioning, the use of treatment and community services, the degree
4
of independence achieved, and the degree of client satisfaction with the services
provided.
AGAPE will submit semi - annual reports to the City of Bremerton
Request for Payment
No less than two weeks prior to the last day of each month Agape must provide
verification of rent subsidy payments required for the upcoming month NO PAYMENT
WILL BE MADE UNLESS THIS VERIFICATION IS RECEIVED. Such verification
includes the following -
1 Documentation regarding participant eligibility as previously described;
2 HQS inspections and rent reasonableness studies as described above,
3 A signed contract between Agape and the Landlord for payment of housing
assistance;
4. A signed lease agreement for a period of no less than thirty (30) days between the
Landlord and Agape,
5 An agreement between the Landlord and the service agency regarding support
services
The City of Bremerton will promptly process the payment
Administrative Fee
The HUD Shelter Plus Care program authorizes an eight percent (8 %) administrative fee
for the following activities: providing rental payments to landlords; examining family
income, providing housing information and assistance, inspecting units for HQS, and
receiving new participants into the program An analysis indicates the City of Bremerton
provides approximately 25% of these services and AGAPE provides 75% Therefore, a
6% administrative fee will be available to AGAPE and a 2% administrative fee will be
available to the City of Bremerton. Administrative funds must be disbursed based on the
actual time spent on administrative functions pertaining to the grants In order to ensure
that Administrative fee lasts for the duration of the program year, the City and Agape may
choose to draw less of the Administrative fee than they are entitled to based on timecard
records. In no instance shall an amount in excess of that supported by the timecard be
drawn in any given month Documentation of the time spent on the activities must be
maintained by the City of Bremerton and AGAPE
Housinst Assistance Payments
Rent subsidy payments will be made by Agape to the landlord(s) as appropriate
5
Agape will maintain a special bank account dedicated solely to Shelter Plus Care
activities. All funds received from the City of Bremerton will be placed in and disbursed
from this account.
Agape will maintain records of rent subsidy payments to landlords
Vacancy Payments
Agape must immediately notify the City of Bremerton upon termination of tenancy so
that the City may determine allowable vacancy payments to landlord(s)
HUD Required Reporting
AGAPE will provide the data to the City of Bremerton for the HUD annual report
6
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 5f:
SUBJECT: Award of 12 5% Bulk Sodium Study Session Date May 9, 2012
Hypochlonte Solution proposal for the COUNCIL MEETING Date May 16, 2012
Westside WWTP Department PW &U/WWTP
Presenter Pat Coxon
Phone 4735448
SUMMARY: Three proposals were received in response to a request from the City for furnishing
12 5% bulk sodium hypochlonte to the Westside WWTP JCI Jones Chemicals Inc in Tacoma, WA
submitted the lowest responsive proposal at $0 61 gallon delivered, which includes freight and taxes
This award to the supplier will have firm pricing for a period of one year, from the time the proposal
agreement is signed
ATTACHMENTS: Sodium Hypochlonte proposals from HASA Inc, JCI Jones Chemicals Inc and
Olin Chlor Alkali Products
FISCAL IMPACTS (Include Budgeted Amount) This purchase is budgeted through the WWTP
Operating Supplies budget of $306,500 00 Bars #535 8032 53110
APPROVALS:
DEPARTMENT DIRECTOR AA.QQ/1�
CITY ATTORNEY
FINANCE DIRECTOR
MAYOR
RECOMMENDED MOTION: Move to ap a the proposal to purchase bulk 12 5% sodium
hypochlonte solution for a period of one year from JCI Jones Chemicals Inc at a cost of $0 61 per
gallon delivered and authorize the Wastewater Manager to make these purchases on an as needed
basis
STUDY SESSION ACTION: Consent Agenda ❑ General-Business ❑ Public Hearing
COUNCIL PRESIDENT - 4�-
i
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 11/02/2011
i
Page 1 of 1
Patric Coxon
From: Michelle Trammell [mtrammell @lcichem com]
Sent: Friday, April 13, 2012 9 46 AM
To: Larry Willman
Cc: Patric Coxon, lgroh @lcichem com
Subject: RE 2012 Chemical Proposals
Importance: High
Hi Larry,
JCI Jones Chemicals, Inc is pleased to bid the following for the City of Bremerton's 2012 -
2013 Chemical Proposal
Sodium Hypochlorite - $0.61 /gal delivered (includes freight and sales tax)
50% Membrane Caustic Soda - $2.68/gal delivered (includes freight and sales tax)
Let me know if you have any questions
We appreciate the opportunity to bid for the City of Bremerton
Thank You,
Michelle Trammell
Office Manager & Sales Coordinator
JCI Jones Chemicals, Inc
1919 Marine View Drive
Tacoma, WA 98422
253 - 274 - 0104 /ph
253 - 274 -0733
From: Larry Willman [madto Willman @ci bremerton wa us]
Sent: Monday, March 26, 2012 11 AM
To: Michelle Trammell
Cc: Patric Coxon; Larry Willman
Subject: 2012 Chemical Proposals
Michelle
Attached is our request for chemical proposals for 2012 -2013 If you have any
questions please contact me.
Larry Willman
Operations Supervisor
City of Bremerton
Phone 360 -473 -5450
Fax 360 -473 -5455
lagy willman@ci bremerton wa us
5/3/2012
y �
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i
14
March 26, 2012
Michelle Trammel
JCI Jones Chemicals, Inc
1919 Marine View Dr
Tacoma, WA 98422
RE Sodium Hypochlorite and Sodium Hydroxide Proposal
Dear Michelle
The City of Bremerton WWTP, located at 1600 Oyster Bay Ave 5, is seeking proposals for the bulk
delivery of 12 5% Sodium Hypochlorite and 50% Membrane Grade, Sodium Hydroxide (liquid caustic
soda) to the above site
The proposal shall be for the delivered cost per gallon This cost per gallon shall include all costs
encumbered (freight, taxes) to deliver the product to the plant site The per gallon pricing shall be
firm for a period of one year, from the time the agreement is signed
The usage of Sodium Hypochlorite for the past year at the City of Bremerton WWTP was 150,000
gallons The usage of Sodium Hydroxide for the past year was 12,000 gallons
We will accept proposals until April 13, 2012 and select the best proposal that meets our needs by no
later than May 16, 2012 Please send proposals via e-mail or by regular mail to the following addresses
Patric coxon@ci bremerton wa us , 1600 Oyster Bay Ave 5, Bremerton WA 98312
I look forward to receiving your proposal If you require a hard copy of this request, please let me
know
Respectful ly,
Pat J Coxon
Wastewater Manager
City of Bremerton
CC Larry Willman, File
i
vlin
CHLOR ALKALI 26700 S Banta Road
PRODUCTS
Tracy, CA 95304
209/835 -7204
Fax 209/835 -9760
Internet Address www \ \ohnchloralkali com
April 16, 2012
Patric J Coxon, Wastewater Manager
City of Bremerton
1600 Oyster Bay Ave S
Bremerton, WA 98312
Patric coxon(a ci bremerton wa us
RE REQUEST FOR PROPOSAL —12.5% Sodium Hypochlorite — 2012 -13
Dear Pat
Olin sincerely appreciates supplying the City of Bremerton your chemicals Per your request of Ross
Borch, Olin is pleased to offer the following pricing in response to the request for proposal for the supply
and delivery of sodium hypochlonte for the upcoming fiscal year
12.5% Sodium Hypochlorite
Locadon (price per Fal.)
Bremerton W WTP
Price $0 614 (includes delivery and sale taxes)
Quantity 150,000 gals annually
Delivery 3 days ARO, Min 4,800 gallon truckloads
These prices are valid no later than beginning the period from July 1, 2012 through June 30, 2013 We
are willing to extend this agreement year to year upon mutual agreement
Olin is the largest manufacturer /distributor of bleach for water treatment in the Northwest and our plants
are ISO certified Our chemicals carry NSF Standard 60 certification and are in compliance with all
current AWWA and EPA standards
Thank you for the opportunity to bid on the chemical requirements for the City of Bremerton again If
you should have any questions, please do not hesitate to call me at (209) 221 -8265 or Ross Borch your
account rep
Sincerely,
1 .
John M Schabacker
Business Director
Cc Ross Borch, Account Manager
�
D e s
March 26, 2012
Ross Borch, Logistics Specialist
OLIN
CHLOR ALKALI Products
RE Sodium Hypochlorite Proposal
bear Mr Borch
The City of Bremerton WWTP, located at 1600 Oyster Bay Ave 5, is seeking proposals for the bulk
delivery of 12 5% Sodium Hypochlorite to the above site
The proposal shall be for the delivered cost per gallon This cost per gallon shall include all costs
encumbered (freight, taxes) to deliver the product to the plant site The per gallon pricing shall be
firm for a period of one year, from the time the agreement is signed
The usage of Sodium Hypochlorite for the past year at the City of Bremerton WWTP was 150,000
gallons
We will accept proposals until April 13, 2012 and select the best proposal that meets our needs by no
later than May 16, 2012 Please send proposals via e-mail or by regular mail to the following addresses
Patric coxon@ci bremerton wa us , 1600 Oyster Bay Ave 5, Bremerton WA 98312
I look forward to receiving your proposal If you require a hard copy of this request, please let me
know
Respectfully,
Pat J Coxon
Wastewater Manager
City of Bremerton
CC Larry Willman, File
Page 1 of 1
Patric Coxon
From: Mary Flynn [maryflynn @hasapool com]
Sent: Tuesday, April 10, 2012 9 48 AM
To: Patric Coxon
Subject: Hasa Sodium Hypo Quote
We are submitting our proposal for bulk delivery of 12 5% Sodium Hypochlonte, 150,000 gallon annual
usage at $0 65 /gallon This is for delivery to City of
Bremerton WWTP, 1600 Oyster Bay Ave S, Bremerton, WA 98312 Firm for one year from date of
agreement and includes all transportation
Subject to any applicable state, county or city taxes Please confirm receipt of bid and send bid results
to my attention at address below Please contact me if
you need any additional information Thank you for your consideration
Mary Flynn
Vice President - Sales Administration
HASA Inc
23119 Drayton St
Saugus, CA 91350
Phone 661 -259 -5848
Fax 661 - 259 -1538
Email ma ryf lynn@ hasa pool com
Website www hasapool com
The contents of this email message, including any attachments, are intended solely for the use of the person or entity to whom the email is
addressed It contains information that may be privileged and restricted from disclosure If you are not the intended recipient of this message,
be advised that any dissemination, distribution, or use of the contents of this message is strictly prohibited If you received this email in error,
please contact sender by reply email also permanently delete all copies of original email and any attached documentation Thank you
5/3/2012
a;
I°
Is
Std 6Z
® 9 P
March 26, 2012
Mary Flynn, VP Sales
HASA, Inc
23119 Drayton St
Saugus, CA 91350
RE Sodium Hypochlorite Proposal
Dear Ms Rodgers
The City of Bremerton WWTP, located at 1600 Oyster Bay Ave 5, is seeking proposals for the bulk
delivery of 12 5% Sodium Hypochlorite to the above site
The proposal shall be for the delivered cost per gallon This cost per gallon shall include all costs
encumbered (freight, taxes) to deliver the product to the plant site The per gallon pricing shall be
firm for a period of one year, from the time the agreement is signed
The usage of Sodium Hypochlorite for the past year at the City of Bremerton WWTP was 150,000
gallons
We will accept proposals until April 13, 2012 and select the best proposal that meets our needs by no
later than May 16, 2012 Please send proposals via e-mail or by regular mail to the following addresses
Patric coxon@ci bremerton wa us , 1600 Oyster Bay Ave 5, Bremerton WA 98312
I look forward to receiving your proposal If you require a hard copy of this request, please let me
know
Respectfully,
Pat J Coxon
Wastewater Manager
City of Bremerton
CC Larry Willman, File
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 66M
■■ eeseeeeeeeeeeeeeeeeeeeoeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee
SUBJECT: Ordinance No 5194 creating Study Session Date May 9, 2012
Bremerton Municipal Code Chapter 11 12 COUNCIL MEETING Date May 16, 2012
relating to Complete Streets Department PW &U
Presenter Fridriksson
Phone 473 -2354
SUMMARY: Adoption of a complete streets ordinance will allow the City to be competitive in
pursuing federal funding for street improvements A complete streets ordinance allows for the design
of a shared roadway space to include transit, bicyclists, pedestrians and disabled persons whenever
practical The addition of all modes of transportation to the road system provides traveling and
recreational opportunities that contribute to a healthier community
ATTACHMENTS: Proposed Complete Streets Ordinance uo . 518 4
FISCAL IMPACTS (Include Budgeted Amount) There are no fiscal impacts at this time This
ordinance is a policy guidance mechanism Fiscal impacts would be assessed when a specific
project is developed and designed based on the scope of the project and the individual elements
associated with that project
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR
MAYOR
RECOMMENDED MOTION:
Move to approve Ordinance No$ $'4 creating Chapter 11 12 of the Bremerton Municipal Code
entitled "Complete Streets "
STUDY SESSION ACTION- Ix Consent Agenda ❑ General Business ❑ Public Hearing
COUNCIL PRESIDENT
COUNCIL ACTION. ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 11/02/2011
COMPLETE STREETS
COUNCIL SUMMARY
SUMMARY
What does Complete Streets mean? The definition is evolving as planners, engineers,
citizens and elected representatives work on creating culture change, process change
and re- pnontization within transportation planning to ensure roads are designed,
operated and maintained for all users A street is complete if it provides for many
transportation alternatives to the automobile, including transit, bicyclists, pedestrians
and disabled persons The paradigm is changing from "moving cars quickly" to
providing safe mobility for all modes
The City of Bremerton's commitment to this nationwide effort to rethink our
transportation systems begins with adoption of the Complete Streets Ordinance to our
municipal code, in accordance with the comprehensive plan The principles of
Complete Streets will be incorporated, to the maximum practicable extent, in all new
City transportation improvement projects on arterials to provide appropriate
accommodation for pedestrians, bicyclists, transit riders, and disabled persons while
promoting safe operation for all users
FISCAL
There are no fiscal impacts at this time This ordinance is a policy guidance
mechanism Fiscal impacts would be assessed when a specific project is developed
and designed based on the scope of the project and the individual elements associated
with that project
Complete Streets Ordinance
Council Summary
January 2012
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 1112 of the
Bremerton Municipal Code relating to complete streets
WHEREAS, the City Council, with the Mayor concurring, wishes to define the
Complete Streets policy, and
WHEREAS, City policy as stated in the Bremerton Comprehensive Plan is to
encourage walking, bicycling and transit use as safe, convenient and widely available modes of
transportation for all people, and
WHEREAS, Bremerton's Complete Streets guiding principle is to design, operate
and maintain Bremerton's streets to promote safe and convenient access and travel for all users
including pedestrians, bicyclists, transit nders, and people of all abilities, as well as freight and
motor vehicle drivers, and
WHEREAS, other jurisdictions and agencies nationwide have adopted Complete
Streets legislation including the U S Department of Transportation, numerous state
transportation agencies, Seattle, San Francisco, Sacramento, San Diego, Boulder, Chicago and
Portland, and
WHEREAS, the Public Works and Utilities Department will implement Complete
Streets policy by designing, operating and maintaining the transportation network to improve
travel conditions for bicyclists, pedestrians, transit and freight in a manner consistent with, and
supportive of, the surrounding community, and
WHEREAS, transportation improvements will include an array of facilities and
amenities that are recognized as contributing to Complete Streets, including street and sidewalk
lighting, pedestrian and bicycle safety improvements, access improvement for freight, access
improvements, including compliance with the Americans with Disabilities Act, public transit
facilities accommodation including, but not limited to, pedestrian access improvement to transit
stops and stations, street trees and landscaping, drainage, and street amenities, and
WHEREAS, Public Works and Utilities Department will implement policies and
procedures with the construction, reconstruction or other changes of transportation facilities on
arterial streets to support the creation of Complete Streets including capital improvements, re-
channelization protects and mayor maintenance, recognizing that all streets are different and in
each case user needs must be balanced, NOW THEREFORE,
i
I
� 1
Complete Streets
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1. Chapter 11 12 of the Bremerton Municipal Code is hereby
amending by adding a new section entitled "Complete Streets" to read as follows
11.12.085 COMPLETE STREETS
(a) Public Works and Utilities Department will plan for, design and construct all new
City transportation improvement projects to provide appropriate accommodation for pedestrians,
bicyclists, transit riders, and persons of all abilities, while promoting safe operation for all users,
as provided for below
(b) Public Works and Utilities Department will incorporate Complete Streets
principles into the Department's Transportation Strategic Plan, Bremerton Transit Plan,
Pedestrian and Bicycle Master Plans, Intelligent Transportation System Strategic Plan, and other
Public Works and Utilities Department plans, manuals, rules, regulations and programs as
appropriate
(c) Because freight is important to the basic economy of the City and has unique
right -of -way needs to support that role, freight will be the mayor priority on streets classified as
Major Truck Streets Complete Street improvements that are consistent with freight mobility but
also support other modes may be considered on these streets
(d) Except in unusual or extraordinary circumstances, Complete Streets principles
will not apply
(1) To street repairs made due to utility activities or pothole repairs,
(2) To ordinary maintenance activities designed to keep assets in serviceable
condition (e g , mowing, cleaning, sweeping, spot repair and surface treatments such as chip seal
and overlay, or interim measures on detour or haul routes),
(3) Where the Director of the Public Works and Utilities Department issues a
documented determination concluding that application of Complete Street principles is not
necessary
1) where non - motonzed use is not practical, is contrary to public
safety, or is prohibited,
ii) the cost of accommodation is excessively disproportionate to the
need or probable use, or
iii) where other available means or factors indicate an absence of
current or future need
(e) Complete Streets may be achieved through single projects or incrementally
through a series of smaller improvements or maintenance activities over time It is the Mayor's
and Council's intent that all sources of transportation funding be drawn upon to implement
Complete Streets. The City believes that maximum financial flexibility is important to
implement Complete Streets principles
SECTION 2. Severabilyy If anyone or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect
2
Complete Streets
i
SECTIONS. Effective Date This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law
PASSED by the City Council the day of 9 2012
JIM McDONALD, Council President
Approved this day of , 2012
PATTY LENT, Mayor
ATTEST APPROVED AS TO FORM
SHANNON CORIN, Interim City Clerk ROGER A LUBOVICH, City Attorney
PUBLISHED the day of , 2012
EFFECTIVE the day of , 2012
ORDINANCE NO
R \Legal \Legal \Ordinances \Public Works & Utihties \Complete Streetsl doc
3
Complete Streets
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL (PA
■■ eeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee •eeeeeeeeseeeeeeeeseeeeee
SUBJECT: Public Hearing and passage of Study Session Date May 9, 2012
Resolution No3l'71 adopting the 2013 COUNCIL MEETING Date May 16, 2012
Bremerton / Kitsap County Block Grant Department DCD — Block Grant
Program Policy Plan Presenter Marie Vila
Phone 360 -473 -5375
SUMMARY: The CDBG / HOME Policy Plan is a point document of the City and County Block Grant
Programs It sets parameters for the management of our HUD entitlement grant awards, provides
specific information about the policies and regulations for the use of HUD Block Grant funds, includes
the Citizen Participation Plan, and outlines the allocation process This year, 7 changes are proposed
for adoption with the 2013 Policy Plan
ATTACHMENTS:
1 Staff Memo
2 Resolution with Exhibits
Exhibit A 2013 City of Bremerton /Kitsap County CDBG /HOME Policy Plan
FISCAL IMPACTS (Include Budgeted Amount) None
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR
MAYOR
RECOMMENDED MOTION:
Move to pass resolution No 317 l adopting the 2013 City of Bremerton / Kitsap County
CDBG /HOME Policy Plan
STUDY SESSION ACTION: ❑ Consent Agenda ❑ , Gen /f eral Business Public Hearing
COUNCIL PRESIDENT .
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
DEPARTMENT OF
3 COMMUNITY DEVELOPMENT
: MEMORANDUM
To: City Council
From: Mane Vila, CDBG /HOME Administrator
Date: May 9, 2012
Re: City of Bremerton Block Grant Program 2013 Policy Plan and NOFA
The City will again conduct a Coordinated Grant Application process in cooperation with Kitsap
County Block Grant and KRCC Homeless and Affordable Housing Grant programs For 2013, we
have contracted with a 3` party vendor, Review Room, to develop and host an online application
The 2013 Notice of Funding Availability for the Coordinated Grant Application provides
information about the funds available, funding schedule, review and rating process, how to
submit an application and where to obtain assistance
The CDBG / HOME Policy Plan is a joint document of the City and County Block Grant
Programs It sets parameters for the management of our HUD entitlement grant awards,
provides specific information about the policies and regulations for the use of HUD Block Grant
funds, includes the Citizen Participation Plan, and outlines the allocation process Each year the
Policy Plan is reviewed and presented to Council for changes, if necessary The City Council
adopted the 2012 Policy Plan in a public hearing held May 18, 2011 The following are changes
proposed in the 2013 Policy Plan
1 Deactivate CDBG Section 108 Loan Guarantee Program due to funding cuts
2 Forms of Assistance Grants, except awards of $200,000 or more of CDBG or HOME
(combined, and cumulative over multiple years) for a single project site will trigger a loan
for the following activities Acquisition of Land or Buildings, Rehabilitation, New
Construction, Direct Homeowner Assistance Terms will be max 40 year term, 3% annual
interest Other terms will be evaluated on a project -by- project basis
3 Commitment and Timely Expenditure of Funds will require CDBG and HOME funded
projects to begin expenditures within one year of contract, and at least yearly draws
thereafter Delinquent projects will be defunded
4 Economic Development 10% of Capital funds will be targeted to quality ED activities to
help the City meet the Economic Development component or our Consolidated Plan
5 Definition of Income changes will apply to both CDBG and HOME funded projects, and
includes removal of "Census Long - Form" as an approved income definition (HUD)
6 HOME Proiect Completion subrecipients will have 4 years from contract date to complete
HOME projects Delinquent projects may be terminated, and funds repaid to HUD (HUD)
i
7 Transfer of Homebuver unit to a Rental unit HOME funded Homeownership units not
sold to an eligible buyer within 6 months of the date of the final inspection and /or
issuance of the occupancy permit, must be rented in accordance with 24 CFR Part
92 252 (HUD)
A 30 -day public comment period, commencing April 13, 2012, was advertised in the Kitsap Sun
All comments received from the public by May 14, 2012, will be provided to City Council for
consideration The Draft 2012 CDBG / HOME Policy Plan will be presented to City Council for
adoption in a public hearing scheduled for May 16, 2012
If you have any questions about the program or recommended funding, please do not hesitate to
contact me at 473 -5375
• Page 2
RESOLUTION NO.
A RESOLUTION of the City Council of the City of
Bremerton, Washington, adopting the 2013 CDBG/HOME Policy
Plan
WHEREAS, the City of Bremerton is an entitlement community which receives a
Community Development Block Grant (CDBG) each year from the Department of Housing and
Urban Development, and also receives funding from HUD's Home Investment Partnerships
(HOME) fund via an inter -local agreement with Kitsap County, and
WHEREAS, the City of Bremerton is required to establish a Policy Plan for the
City's management of its HUD entitlement, including eligibility, application, and review and
implementation processes and requirements for grant funded projects, and
WHEREAS, the Department of Community Development CDBG/HOME staff
recommends adopting a new policy deactivating the CDBG Section 108 Loan Guarantee
Program, and
WHEREAS, the Department of Community Development CDBG/HOME staff
recommends adopting a new policy establishing loan as the form of assistance for certain awards
over $200,000; and
WHEREAS, the Department of Community Development CDBG/HOME staff
recommends adopting a new policy tightening commitment and timely expenditure of funds
requirements, and
WHEREAS, the Department of Community Development CDBG/HOME staff
recommends adopting new policy targeting 10% of CDBG Capital funds to Economic
Development projects, and
WHEREAS, the Department of Community Development CDBG/HOME staff
recommends adopting new policy regarding Definition of Income, to concur with HUD changes,
and
WHEREAS, the Department of Community Development CDBG /HOME staff
recommends adopting new policy tightening HOME Project Completion deadlines, to concur
with HUD changes, and
WHEREAS, the Department of Community Development CDBG/HOME staff
recommends adopting new policy regarding transfer of unsold homebuyer units to rental, to
concur with HUD changes, and
1
2013 CDBG/HOME Policy Plan
WHEREAS, the Department of Community Development CDBG/HOME staff
advertised in the Kitsap SUN and posted on the City's websrte on Monday, April 13, 2012 a 30-
day written public comment period commencing April 13, 2012, ending May 14, 2012 and open
for public comment in a public hearing on Wednesday, May 16, 2012, and
WHEREAS, no comments were received during the advertised public comment
period, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS
SECTION]. The recitals and findings of fact set forth in this resolution are
hereby incorporated as if fully set forth herein
SECTION 2. The 2013 CDBG/HOME Policy Plan attached hereto as Exhibit A
is hereby adopted.
SECTION 3. Severabthby If anyone or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect
SECTION 4. Effective Date This Resolution shall take effect and be in force
immediately upon its passage
PASSED by the City Council of the City of Bremerton, Washington this
day of , 2012
JIM MCDONALD, Council President
APPROVED AS TO FORM ATTEST
ROGER A LUBOVICH, City Attorney SHANNON CORIN, City Clerk
R \Legal \Legal \Resolutions \Community Development\2013 CDBG HOME Policy Plan doc
2
2013 CDBG/HOME Policy Plan
EXHIBIT A
2013 City of Bremerton and Kitsap County
Community Development Block Grant
OMAN-
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CDBG /HOME POLICY PLAN
[����� CDBG/HOME POLICY PLAN
Contents
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Community Development Block Grant Program ....... ..............................1
CDBG Funding ......... ...............................
HOMEFunding ......... ............................... ...................3
........................
Allocation Process .............................
Policies & Regulations for Use of Funds ............................ ..............................6
Citizen Participation Plan .........................
ConsolidatedPlan ............................. ...............................
Appendix A — Citizen Participation Plan
Appendix B — Requirements for Section 108 Loan Guarantee
Appendix C — Consolidated Plan Objectives & Strategies
Appendix D — CDBG National Objectives & Eligibility Requirements
Appendix E — HOME Eligibility Requirements & Program Rules
Appendix F — Anti - Displacement & Relocation Assistance Plan
Appendix G — Glossary
CDBG /HOME Policy Plan I �0 -
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WHAT IS THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM?
The Community Development Block Grant Program is a source of funds used in the local
community to provide decent housing, suitable living environments and economic opportunities
primarily for low and moderate income households
The City of Bremerton is designated as an Entitlement Community by the Department of
Housing and Urban Development (HUD) and receives federal funds in the form of Community
Development Block Grant (CDBG) Kitsap County, with the cities of Port Orchard, Poulsbo and
Bainbridge Island, is also designated as an Entitlement Community and receives a separate
allocation of CDBG funds Kitsap County and the City of Bremerton together form a consortium
and receive an allocation of HOME Investment Partnership Program (HOME) funds Through an
mterlocal agreement between the County and the City, 43% of the annual allocation of HOME
funds is designated for the City and the remaining designated for the County
CDBG and HOME funds are allocated annually through a competitive grant process Projects
funded are included in the annual Action Plan submitted to HUD Projects funded must address
needs identified in the Consolidated Plan, which is updated every five years
CDBG FUNDS -J
WHAT ARE CDBG FUNDS?
The Community Development Block Grant (CDBG) program is a flexible program that provides
communities with funding to address a wide range of unique community development needs
The program is authorized by Title I of the Community Development Act of 1974 Funds are
used to assist in the development of decent housing, create suitable living environments, and
expand economic opportunities primarily for persons of low and moderate income All projects
funded with CDBG must meet one of the three national objectives
1 Principally benefit low and very low income households,
2 Reduce or prevent slum and blight, or,
3 Meet an urgent need (emergency or natural disaster)
WHO IS AN ELIGIBLE APPLICANT /RECIPIENT?
Eligible applicant/recipients include
• City or County governments
• Public and private nonprofit organizations (501(c)3)
• Section 301(d) small business investment companies
• Local development corporations
• Private for -profit organizations may implement certain economic development and
microenterprise activities
• Faith based organizations
• Additionally, applicants must
• Demonstrate an active governing body or board of directors with skills and
experience to provide leadership and direction to the agency
1
CDBG /HOME Policy Plan
1 11
E
0
• Demonstrate the legal, financial, and programmatic ability to administer the proposed
program /project, and,
• Meet the County /City requirements for contracting agencies such as insurance
requirements, audit and financial requirements
WHAT ARE ELIGIBLE ACTIVITIES?
Eligible activities are defined in the CDBG program regulations at 24 CFR 570 201 and 570 207
A list of some of the activities follows
• Acquisition of real property by purchase, lease or donation
• Acquisition, construction, reconstruction, rehabilitation or installation of public facilities
and improvements
• Code enforcement in deteriorated or deteriorating areas
• Clearance, demolition and removal and rehabilitation of buildings and improvements
• Removal of material and architectural barriers
• Public services (including labor, supplies and materials) including but not limited to those
concerned with employment, crime prevention, child care, health, drug abuse, education,
energy conservation, welfare or recreation needs
• Planning activities
• Assistance to Community Based Development Organizations (CBDO) to carry out
projects
• Assistance to carry out economic development projects
• Housing services such as housing counseling and energy auditing
• Assistance to facilitate and expand homeownership opportunities for low and very low
income people
• Lead based paint hazard evaluation and reduction
The following activities are generally not eligible for CDBG funding
• New residential housing construction, except in special circumstances
• Regular government operations
• Buildings such as city halls, police stations, or other buildings primarily for the general
conduct of government (except for the removal of architectural barriers)
• Income payments such as payments to individuals or families for food, clothing, or rent,
except in certain circumstances
• Political activities
• Vehicles and Equipment
Note The above lists are not comprehensive For a complete list of eligible or Ineligible
activities refer to CDBG regulations in 24 CFR 570 201 and 570 207
Appendix D provides additional information designed to assist you in defining the eligibility and
national objective that your activity meets and the type of information you will need to provide in
your application
2
CDBG /HOME Policy Plan I )11 13
WHAT IS THE SECTION 108 LOAN GUARANTEE?
The Section 108 Loan Guarantee Programs for the City of Bremerton and Kitsap County
have been deactivated due to budget and funding cuts
Section 108 is a loan guarantee provision of the CDBG program Section 108 provides
communities with a means of leveraging their CDBG funds to obtain additional financing
resources for economic development, public facilities, large -scale physical development projects
and housing rehabilitation Local governments borrowing funds guaranteed by Section 108
must pledge their current and future CDBG allocation to cover the loan amount as security for
the loan The decision to award a Section 108 loan to a particular project is made by HUD
Section 108 Loan Guarantee funds may be used for activities described in 24 CFR 570 703
provided such activities meet the general requirements of the CDBG program as described at
24 CFR 570 200 Eligible activities are defined in the CDBG program regulations at 24 CFR
570 201 and 570 207 Eligible activities include, but are not limited to
• Acquisition and rehabilitation of real property,
• Specific relocation assistance,
• Clearance, demolition and removal activities,
• Site preparation,
• Specific economic development activities,
• Acquisition, construction, reconstruction, rehabilitation, or installation of public facilities,
and
• Specific construction of housing by non - profit organizations
HOME FUNDS
WHAT ARE HOME FUNDS?
The HOME Program was created by the National Affordable Housing Act of 1990 (NAHA) The
Housing and Community Development Act of 1992 and the Multifamily Property Disposition Act
of 1994 made important changes to the Program The intent of the HOME Program is to
• Expand the supply of decent, safe, sanitary, and affordable housing,
• Strengthen the abilities of state and local governments to provide housing,
• Expand the capacity of nonprofit community based housing development
organizations, and,
• Leverage private sector participation in financing affordable housing
Beneficiaries of HOME funds — homebuyers, homeowners or tenants — must have incomes
below 80% of the area median income The HOME program also requires a match of 25% or
greater in other non - federal funds for projects For more information on specific requirements of
the HOME program see Appendix E
WHAT ARE ELIGIBLE ACTIVITIES?
The Eligible activities are defined in the HOME program regulations at 24 CFR 92 205 A list of
some of the activities follows
3
CDBG /HOME Policy Plan 1 201 3
• Rehabilitation of residential property where property is fully repaired
• New construction of residential property
• Acquisition of residential property
• Rental assistance payments to tenants
• Relocation associated with an eligible HOME project
• A small part (up to 5 %) of the annual HOME allocation may be used to help pay the
operating expenses of designated Community Housing Development Organizations
(CHDOs) within the guidelines established by HUD
The following activities are generally not eligible for HOME funding
• Project reserve accounts, except for the initial 18 months of a HOME assisted new
construction project
• Emergency home repair programs
• Public housing units
• Commercial properties
• Shelters, unless they meet Section 8 Housing Quality Standards and otherwise can be
considered rental housing
• Project based tenant assistance
Note The above lists are not comprehensive For a complete list of eligible or ineligible
activities refer to HOME regulations in 24 CFR 92 205
ALLOCATION PROCESS
HOW ARE FUNDS ALLOCATED?
The City of Bremerton and Kitsap County, in conjunction with the Affordable Housing Grant
Program and Homeless Housing Grant Program, conduct a competitive funding application
process A single application is made available in May of each year and a public process is
used to determine funding allocations This process is detailed in the Citizen Participation Plan
(Appendix A) The public is encouraged to participate in the process and its end product the
submission of an annual Action Plan to the Department of Housing and Urban Development in
November of each year
HOW MUCH MONEY IS AVAILABLE?
The amount of CDBG and HOME funds available for the annual application cycle is determined
by the amount appropriated in the federal budget and HUD's formula allocation for that year
The City and County estimate funds available based on prior year's allocations and includes the
estimates in the Application Packet for the year Applicants should request a minimum of
$10,000 per application Grant awards will typically not be awarded for less than $10,000 except
at the discretion of the Grant Review Committee
The amount of funds available for Section 108 Loans is five times the current CDBG allocation,
less any outstanding loans The amount is included in the Application Packet separately for the
County and City Please note, at this time the City of Bremerton and Kitsap County Section 108
Loan Guarantee Programs are inactive due to funding cuts
4
CDBG /HOME Policy Plan 201
FORMS OF ASSISTANCE
Funds are provided either in the form of a grant or as a loan Awards of $200,000 or more of
CDBG and /or HOME (cumulative and including awards from multiple years) for a single project
site will trigger a loan for the following types of activities
• Acquisition of land and /or buildings
• Rehabilitation
• New construction
• Direct homeowner assistance
Loan term will be for a maximum of 40 years All loans will be interest bearing at 3% annual
interest rate and will not be forgivable Other loan terms will be evaluated on a project by project
basis during the subsidy layering review and included in the written agreement and loan
documents
WHAT IS THE DISTRIBUTION OF CDBG AND HOME FUNDS?
CDBG and HOME program regulations allow certain set - asides to further specific program
goals The following is the distribution for Kitsap County and the City of Bremerton
CDBG
• Public Service Projects - 15% max
• Planning & Administration - 20% max
• Capital Projects (Including 10% for Economic Development) — 65%
HOME
• Administration - 10% max
• Community Housing Development Organization (CHDO) Set -Aside -15% min
• Capital Projects- 75%
City of Bremerton HOME funded homeownership projects are capped at $30, 000 per unit
HOW CAN MY ORGANIZATION APPLY?
The annual application cycle begins in April with the publication of the Notice of Funding
Availability and Policy Plan and commencement of a 30 day public comment period At the end
of the comment period, upon approval of the Policy Plan by the Kitsap Regional Coordinating
Council (KRCC) and Bremerton City Council, the application is made available in May
Interested organizations can find the application and all associated information on the County
web site at http / /www kitsapaov com /hr /block grant program /block grant program htm or on
the City web site at http / /www ci bremerton wa us /display php ?id - 864 The schedule for the
annual application cycle, including the due date for applications, is available on the web site
Interested organizations may also contact Block Grant staff to request to be placed on the
City /County interested parties list to receive automatic notices about these programs
WHEN WILL FUNDS BE AVAILABLE?
Funds for the programs' January 1 - December 31 program year are generally not available
until spring or early summer of the program year Timing is dependent on federal budget
approval —which is often delayed —and how quickly HUD is then able to allocate funds to local
jurisdictions The County and City will not execute contracts with subrecipients until we have a
contract from HUD Once subrecipient contracts are executed CDBG and HOME funds can only
be disbursed on a reimbursement basis
5
CDBG /HOME Policy Plan I 13
E - POLICIES & REGULATIONS FOR USE OF FUNDS
CDBG and HOME funds are Federal funds Use of Federal funds may affect the way your
agency does business If you are applying for Federal funds for the first time, you are strongly
encouraged to familiarize yourself with the requirements A Guidebook for recipients of CDBG
and HOME funds can be found on the Kitsap County Block Grant Program web site at
http / /www kitsapjoy com /hr /block grant grogram /block grant program htm
You may also contact the County or City Block Grant Staff for additional assistance
A. GENERAL REQUIREMENTS
1. Consistency with applicable City, County, and /or State Codes and Policies
To be considered for funding, projects must be consistent with adopted codes and other
applicable policies, plans and standards
2. Contract Retainage for Federal Compliance
City /County will withhold up to 15% of the award amount included in the written
subrecipient agreement until all federal compliance requirements are met
All construction contracts between a subrecipient (ie your agency) and contractor shall
have 10% of payment retained until fulfillment of federal compliance is documented
3. Definition of Income
Most CDBG and HOME funded projects will use some type of income eligibility to
determine who is eligible for services or housing The CDBG and HOME program
regulations defines annual income in one of three ways However due to the elimination
of the use of the Census Long Form, this definition of income will not longer be used
There are two definitions that may be used
Annual income as defined in 24 CFR 5 609, referred to as "Part 5 annual
income ", and
Adjusted gross income as defined for reporting purposes under the IRS Form
1040 long form (not IRS Forms 1040A or 1040EZ)
For more information on determining income see the Technical Guide for Determining
Income and Allowances for the HOME program This guide and can be downloaded
from httg / /archives hi d qov/ office cpd /affordablehousmg /modeiguides /1780 pdf
4. Project/Activity Delivery Costs
Costs directly related to carrying out a funded activity may be charged as project costs
(HOME funding) or activity delivery costs (CDBG funding) to subrecipient grant awards
For example, if staff underwrites loans that are to be made with CDBG or HOME funds,
the portion of their salaries spent on this function can be treated as costs of carrying out
the activity and charged to the grant These costs may also include such things as the
cost of conducting a NEPA compliant environmental review or Davis Bacon Certified
Payroll review and enforcement These costs will not be included in your written
agreement (contract), staff will allocate additional funds for project/activity delivery costs
and include them in the Action Plan
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CDBG /HOME Policy Plan 20 13
5. Commitment and Timely Expenditure of Funds
In order to meet regulatory requirements the City and County have established the
following policies for CDBG and HOME funded projects
a COMMITMENT
Organizations awarded CDBG or HOME funds must enter into a written
agreement with the County /City during the award year (i a Funds awarded for
2012 must have an agreement executed by Dec 31, 2012)
A Conditional Commitment of funds may be made for Capital projects that do not
have all project funds committed Commitment will be made via formal written
agreement within one year of conditional commitment only when all funding is in
place
b TIMELY EXPENDITURE OF FUNDS
CDBG Public Service funding must be fully spent by December 31st of the award
year
➢ Projects using HOME funds to acquire vacant land must be under construction
within 12 months of the commitment date
Organizations must begin drawing funds within one year of the contract
execution date (date the contract was signed by County /City Mayor) and at least
annually thereafter
c DEOBLIGATION OF FUNDS
Organizations unable to meet these requirements will lose their funding, funds
will be allocated to another eligible project
S. On -going Restrictions for CDBG & HOME Funded Capital Projects
HUD requires that facilities acquired, constructed or improved with CDBG and /or HOME
funds be "publicly owned" and that the public interest be protected The interest will be
secured, when appropriate, through a lien on the property recorded as a deed of trust,
explaining the sale and change of use provisions that accompany CDBG /HOME
assisted real property The specific terms and conditions of the public interest security
agreements will vary depending on the type of project assisted
R. NOME FUNDING - SPECIFIC REQUIREMENTS
1. HOME Project Completion
Recipients of HOME funds will have 4 years from the commitment date (contract date) to
complete projects Project completion means that all construction work and title transfer
(if applicable) is completed and the final draw of HOME funds has been disbursed For
projects that are not completed within 4 years, termination of the project and repayment
of HOME funds is required
2. Affordability Period restrictions for HOME funded projects
To ensure that HOME investments yield affordable housing over the long term, HOME
imposes rent and occupancy requirements over the length of an affordability period The
length of the affordability period depends on the amount of the HOME funds in the
7
CDBG /HOME Policy Plan
property and nature of the activity funded Affordability periods range from 5 to 20 years
and follow the guidelines in the chart below
Minimum
Activity Dollar Threshold ** Affordability
Period
Homebuyer assistance for Less than $15,000 /unit 5 Years
acquisition, rehabilitation and $15,000 - $40,000 /unit 10 Years
new construction of homes Greater than $40,000 /unit 15 Years
Rehabilitation or Acquisition of Less than $15,000 /unit 5 Years
existing rental housing $15,000 - $40,000 /unit 10 Years
Greater than $40,000 /unit 15 Years
Refinance of a rental housing Any $ amount 15 Years
Rehabilitation project
New Construction (including Any $ amount 20 Years
land acquisition) or Acquisition
of new rental housing
** Dollar threshold is per unit for single family housing
3. HOME Resale /Recapture Provisions
For HOME, the Participating Jurisdiction (County or City) will designate in the
subrecipient contract whether Resale or Recapture (24 CFR 92 294(a)(5)) will be used
for maintaining affordability for each HOME assisted property Additionally, deed
restrictions must be recorded on the property to ensure the affordability See Appendix E
for more details
4. HOME Assisted Rental Housing
The HOME Program requires that all households who occupy HOME units be low
income Property owners and operators must develop policies and procedures which
address
Admission & Tenant Selection (including an Affirmative Marketing Plan)
Lease Provisions & Occupancy
At initial occupancy and during the period of affordability Block Grant staff will monitor
the project for compliance with HOME requirements The monitoring will include
inspections of HOME assisted units and the property overall, review of policies and
procedures, project financial information and tenant files
5. Transfer of Homebuyer unit to a Rental unit: HOME funded Homeownership units not
sold to an eligible buyer within 6 months of the date of the final inspection and /or
issuance of the occupancy permit, must be rented in accordance with 24 CFR Part
92 252
6. CHDO Certification
Kitsap County/ City of Bremerton Block Grant Programs are required to certify that an
organization qualifies as a Community Housing Development Organization (CHDO)
each time it commits CHDO set -aside funds to the organization A CHDO is required to
document that it has the capacity to own, develop, or sponsor housing in accordance
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CDBG /HOME Policy Plan I rx
with the regulations at 24 CFR Part 92 2 CHDO certification will be required before a
commitment of set -aside funds is made
7. Subsidy Layering Review
Kitsap County and the City of Bremerton, using subsidy layering guidelines it has
established, will document that when HOME funds are used in combination with other
government assistance in a project, no more subsidy is invested than necessary A
subsidy layering review will be conducted by staff during the technical review of the
Application The review will be kept in the project file and updated if additional sources of
funds not originally contemplated are added, or if sources originally anticipated are
significantly reduced or eliminated
8. Leveraging
The City of Bremerton requires leveraging of HOME funds for homeownership housing
projects For every $1 of HOME funds committed, the project sponsor must show
leveraged funding of $2 from other sources
C. CDBG FUNDING - SPECIFIC REQUIREMENTS
1. Restrictions on the Change -of -Use of CDBG Assisted Property
All recipients must agree to restrict the use of the property, which was acquired and /or
improved using CDBG funds, to the intended purpose for which the funds were awarded
The restriction will be based on the dollars invested and follow the guidelines in the chart
below This is to ensure compliance with HUD requirements and to ensure continued
public benefit
Activity Dollar Threshold* Minimum Years
Restricted
Rehabilitation or Acquisition of Less than $15,000 5 Years
existing facilities or housing
(including homeownership $15,000 - $40,000 10 Years
assistance) Greater than $40,000 15 Years
New Construction or
Acquisition of land for new Any $ amount 20 Years
construction
* Dollar threshold is per facility, or if housing, per unit for single family housing
2. Restriction on Assessments
CDBG funds may not be used for public improvement projects where a portion of the
projects is to be financed by assessments to area property owners, unless the project is
structured such that CDBG funds are used to pay the assessments of all low and very
low income property owners The analysis of incomes of affected persons must be done
ahead of time and submitted as part of the application for CDBG funds
3. Guidelines for Economic Development Projects (24 CFR 570.209)
City and County will utilize the guidelines provided at 24 CFR 570 209 relative to project
costs and financial requirements and standards for evaluating public benefit
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CDBG /HOME Policy Plan L 01 3
4. Supplanting (24 CFR 570.207)
Federal regulations prohibit using CDBG funds to supplant (replace or substitute for)
local funds for public services or ongoing responsibilities of general local government
The intent of this federal regulation is to prevent local government from using the
availability of federal CDBG dollars as an excuse to reduce local funding commitments
D. FINANCIAL MANAGEMENT
1. Uniform Administrative Requirements
Agencies which are governmental entities must comply with the requirements and
standards of
OMB Circular No A -87, "Principles for Determining Costs applicable to Grants and
Contracts with State, Local and Federally recognized Indian Tribal Governments"
OMB Circular A -128 "Audits of State and Local Governments"
24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments" (certain sections)
Non - governmental agencies must comply with the requirements and standards of
➢ OMB Circular No A -122, "Cost Principles for Non - Profit Organizations" or OMB
Circular No A -21, "Cost Principles for Educational Institutions"
OMB Circular A -133 "Audits of Institutions of Higher Education and Other Nonprofit
Institutions"
➢ 24 CFR Part 84 and OMB Circular A -110 "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals or Other
Non - Profit Organizations"
2. Audit Requirements
Private non - profit agencies expending $500,000 or more in federal funds annually
(whether CDBG / HOME alone or CDBG / HOME in conjunction with other federal funds)
must have an annual audit conducted by an independent auditor in accordance with
OMB A -133 Audit Standards for Private Non - Profit Organizations Agencies are
responsible to meet this audit requirement
Agencies that do not meet the $500,000 threshold mandatory A -133 audit are
encouraged to obtain an annual audit if their operating budget is $100,000 or greater
Smaller agencies are encouraged to obtain at least an annual financial review Block
Grant staff will review financial information closely for all agencies submitting application
E. PROCUREMENT
Any subrecipient using CDBG or HOME funds to purchase goods or services must have a
formalized written procurement procedure in place prior to contracting for any goods or
services Procurement requirements are contained in 24 CFR Part 85 for governmental
entities and 24 CFR Part 84 for Non - Profits, Institutions of Higher Education and Hospitals
Additional information on procurement requirements can be found in the CDBG /HOME
Guidebook on the Kitsap County Block Grant Program web site at
http / /www kitsapgov com /hr /block grant program /block grant program htm
F. ENVIRONMENTAL REVIEW
1. Environmental Review (24 CFR Part 58)
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CDBG /HOME Policy Plan 1 20 13
All CDBG /HOME projects must have a NEPA compliant environmental review process
completed before any funds, including funds committed from other sources, can be
spent on the project For more information on the environmental review process visit
www hud aov /offices /cpd /environment/review/
The costs associated with conducting a NEPA compliant environmental review for
Capital CDBG and HOME funded projects may be charged to the grant award as project
costs (HOME) or activity delivery costs (CDBG) Cost will vary depending on the level of
review and complexity of the project and include staff time, cost of publishing required
legal ads and printing costs The cost of any studies required to complete the
environmental review (i a Phase I Environmental Site Assessment, Geotech Report,
Cultural Site Assessment, etc ) will be in addition to the costs associated with
preparation of the NEPA environmental review and will be the responsibility of the
subrecipient
G. EQUAL OPPORTUNITY & ACCESSIBILITY
1. Fair Housing and Equal Opportunity
All CDBG /HOME projects must comply with all of the following Federal laws, executive
orders and regulations pertaining to fair housing and equal opportunity
a Title VI of the Civil Rights Act of 1964 No person may be excluded from participation
in, denied the benefits of, or subjected to discrimination under any program or activity
receiving Federal assistance on the basis of race, color or national origin (24 CFR
Part 1)
b The Fair Housing Act Prohibits discrimination in the sale or rental of housing, the
financing of housing or the provision of brokerage services against any person on the
basis of race, color, religion, sex, national origin, handicap or familial status (24 CFR
Part 100 -115)
c Equal Ooportunity in Housing Prohibits discrimination against individuals on the
basis of race, color, religion, sex or national origin in the sale, rental, leasing or other
disposition of residential property, or in the use or occupancy of housing assisted
with Federal funds (24 CFR Part 107)
d Age Discrimination Act of 1975 Prohibits age discrimination in programs receiving
Federal financial assistance (24 CFR Part 146)
e For more information on eliminating discrimination visit
www hud aov /offices /fheo /proadesc/title8 cfm
2. Handicapped Accessibility
CDBG and HOME funded projects are subject to the following regulations governing the
accessibility of Federally - assisted buildings, facilities and programs
a Americans with Disabilities Act Provides comprehensive civil rights to individuals
with disabilities in the areas of employment, public accommodations, state and local
government services and telecommunications The Act requires certain buildings or
other facilities that receive Federal funds to be designed, constructed or altered in
accordance with standards that insure accessibility to and use by physically
handicapped people
b Section 504 Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in
federally assisted programs on the basis of handicap
H. LABOR STANDARDS A CONSTRUCTION
1. Equal Opportunity for Employment and Contracting
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CDBG /HOME Policy Plan 1 20 13
CDBG and HOME funded projects are subject to the following regulations governing
employment and contracting opportunities
a Eoual Employment Opportunity Prohibits discrimination against any employee or
applicant for employment because of race, color, religion, sex or national origin
Provisions to effectuate this prohibition must be included in all construction contracts
exceeding $10,000 (41 CFR Part 60)
b Section 3 of the Housing and Urban Development Act of 1968 Requires that, to the
greatest extent feasible, opportunities for training and employment ansmg from
CDBG or HOME funded projects will be provided to low- income persons residing in
the program service area
c Minoritv/Women's Business Enterprise Outreach to minorities and women in
contracting for services (24 CFR 85 36(e))
2. Labor Requirements
CDBG and HOME projects must comply with certain regulations on wage and labor
standards Pursuant to the Davis -Bacon Act, federal wage rates apply to most (but not
all) construction projects over $2,000 Applications that involve construction must
consider Davis -Bacon wage rates in the budget The costs associated with the review of
Certified Payrolls and compliance with DBRA requirements may be charged to the grant
award as project costs (HOME) or activity delivery costs (CDBG) Cost will vary
depending on the complexity of the project
a Davis -Bacon and Related Acts Ensures that mechanics and laborers employed in
construction work under federally assisted contracts are paid the Federal prevailing
wage for the locality
b Contract Work Hours and Safety Standards Act Provides that mechanics and
laborers employed on federally assisted construction fobs are paid time and one -half
for work in excess of 40 hours per week
c Copeland (Anti - Kickback) Act Governs the deductions from paychecks that are
allowable
For more information on Davis Bacon requirements visit http / /www hud gov /offices /olr/
3. Lead -Based Paint Hazard (24 CFR Part 35)
Housing built before 1978, assisted with HOME or CDBG funds, is subject to the Lead -
Based Paint Poisoning Prevention Act The law imposes requirements related to
• Disclosure of known hazards and what has been done to reduce them,
• Treatment, relocation during treatment, and ongoing inspection of units
Project feasibility is an important consideration for housing with lead -based paint
Recipients of CDBG or HOME funds will need to be aware of the potential for additional
time and cost associated with lead -based paint hazards
4. Compliance with Codes & Standards for Rehabilitation and New Construction
a All capital projects funded with CDBG or HOME must comply with local budding and
fire codes
b All HOME funded Rehabilitation projects must comply with the Rehabilitation
Standards adopted by the Kitsap County & City of Bremerton Block Grant Program
c All rental housing units purchased and /or rehabilitated with CDBG or HOME must
pass a Housing Quality Standards inspection
d All housing must comply with the applicable accessibility requirements for persons
with disabilities
12
LC
CDBG /HOME Policy Plan I > ; 3
a
S
I. REPORTING A MONITORING
All programs and projects funded with CDBG or HOME funds will be required to submit
quarterly reports Reports will be provided by the Block Grant Program and may be
submitted electronically Annual on -site monitoring is conducted by staff for all open
contracts A monitoring checklist is used by staff to review compliance with the requirements
of the written agreement and federal regulations Agencies will be contacted at the end of
the program year to schedule the monitoring visit
J. ACQUISITION & RELOCATION
I. Uniform Relocation Assistance & Real Property Acquisition (49 CFR Part 24)
These regulations apply to any federally - assisted project involving acawsition demolition
or rehabilitation Proposals for CDBG and HOME funded projects that are likely to
cause displacement of people or businesses are discouraged Any project that is likely
to cause displacement must include relocation assistance payments in the budget and
be consistent with the federal Uniform Relocation Act Projects which trigger this
regulation must follow the Anti - displacement and Relocation Assistance Plan included in
Appendix F If your project includes acquisition, rehabilitation or demolition you are
strongly urged to discuss the requirements with Block Grant staff before entering into
any legally binding agreements
2. Minimizing the Loss of Low and Very Low Income Dwelling Units (24 CFR Part 42)
Any CDBG /HOME proposal that would directly result in any occupied or vacant
occupiable low and very low income dwelling units being (1) demolished, or (2)
converted to a use other than as low and very low income housing must include a
realistic plan to provide replacement housing within three years of the commencement of
the demolition or rehabilitation relating to conversion Projects which trigger this
regulation must follow the Anti - displacement and Relocation Assistance Plan included in
Appendix F.
CITIZEN PARTICIPATION PLAN
HUD requires a Citizen Participation Plan be adopted by jurisdictions receiving CDBG and
HOME funds The plan details the process used by the County and the City in development of
the Consolidated Plan and annual application cycle which results in the Action Plan submission
to HUD The Citizen Participation Plan for the County and the City can be found in Appendix A
CONSOLIDATED PLAN
WHAT IS THE CONSOLIDATED PLAN?
The Consolidated Plan rolls the planning, application and performance reporting requirements
of several programs run by HUD into one process and one document In our community the
Consolidated Plan covers CDBG (Community Development Block Grants) and HOME (grant for
13
CDBG /HOME Policy Plan I 0 1 1
affordable housing) programs jointly for the City of Bremerton and Kitsap County The plan
covers a 5 -year penod
The Consolidated Plan requires a jurisdiction to identify all of its housing and community
development needs, and then develop a long -term strategy for meeting those needs A key part
of the strategy is setting pnonties The Plan identifies pnonty housing needs, non - homeless
special needs, homeless needs, economic development and community development needs
The Consolidated Plan also indicates what programs and resources will be used over the 5 -year
planning period The plan contains objectives and strategies to address the identified needs
and estimates the resources needed to fund activities to address the different needs
WHAT ARE THE KEY PARTS OF THE PLAN?
A. Housing & Community Development Needs Assessment
This is the part of the Plan that has U S Census Bureau information and other
information which presents a picture of the jurisdiction People are the focus of the
"Needs" section of the plan The emphasis is on the human side of housing and
community development including the needs of homeless people, people with special
needs and those who are low - income
B. The Housing Market Analysis
This part of the Plan describes the physical "bricks and mortar,"
side of housing —the
supply side of housing It looks at what housing exists When the housing conditions in
this part of the plan are lined up with human needs in the previous part of the plan, a
clear picture of what must be done should emerge
C. The Strategic Plan
The Strategy is the part of the Consolidated Plan where the County and City sets out
how it intends to use its CDBG and HOME funds from HUD's Department of Community
Planning and Development over the next five years The strategy must declare what
pnonty the local government will give to the various housing and community
development needs identified earlier in the Consolidated Plan,
respond to those needs, and the different geographic areas where needs stsigned to
D. Annual Action Plan
The Action Plan is the one -year plan a jurisdiction must have to show how it is carrying
out its long -term Strategic Plan It shows how the jurisdiction will spend its CDBG and
HOME money in the upcoming year Kitsap County and the City of Bremerton use an
annual application process through which funds are competitively awarded
Note The Objectives & Strategies from the Consolidated Plan are included in Appendix C The
full text of the Consolidated Plan is available on both the County and City of Bremerton web
sites and also available upon request
GLOSSARY
A Glossary of terms has been included in Appendix G
14
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 7A
■■ eeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee
SUBJECT: Ordinance No 51 85 m ` i g' a-o
Study Session Date ^ " ^ °' ^""�
removing Section 7 06 040 entitled "Sunset COUNCIL MEETING Date 1A44A2
Provisions — Chickens" from the Bremerton Department City Attorney's Office
Municipal Code Presenter Roger A Lubovich
Phone 473 -2345
SUMMARY: The current code allowing chickens within the City of Bremerton will expire on June 30,
2012 The proposed ordinance removes the sunset provision relating to the chicken management
and licensing
ATTACHMENTS: Proposed Ordinance0o_ 5185
FISCAL IMPACTS (Include Budgeted Amount) None
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR
MAYOR
RECOMMENDED MOTION: Move to approve Ordinance No :5 removing Section 7 06 040
entitled "Sunset Provisions — Chickens" from the Bremerton Municipal Code
STUDY SESSION ACTION: ❑ Consent Agenda General Business ❑ Public Hearing
COUNCIL PRESIDENT Q 4 .1-
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 11/02/2011
ORDINANCE NO. 5105
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 7 06 of the Bremerton
Municipal Code entitled "Chickens" by removing Section 7 06 040
entitled "Sunset Provisions — Chickens" and making other related
amendments.
WHEREAS, the current provisions of Chapter 7 06 of the Bremerton Municipal
Code relating to chicken management and licensing contains a sunset clause expiring June 30,
2012, and
WHEREAS, the City Council desires to remove this sunset clause provision in
order to allow the maintenance of chickens within the city and to make other related
amendments, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
SECTION]. Chapter 7 06 of the Bremerton Municipal Code entitled
"Chickens" is hereby amended to read as follows
Chapter 7.06
CHICKENS
7.06.010 CHICKEN MANAGEMENT.
Chickens may be kept within the city limits of Bremerton, provided -
(a) No more than four (4) hens, including chickens and chicks, may be kept per
single- family residential lot pursuant to subsection (n) of this section In no event shall the four
(4) allowed hens, including chickens or chicks, count toward the accumulative total of four (4)
household pets pursuant to BMC 7 08 010
(b) No roosters are allowed
(c) Chickens, except for chicks, shall not be kept inside any permitted dwelling
(d) Henhouses, coops and chicken tractors must be set back at least tenthree (193)
feet from all property lines
(e) Henheuses, eeeps and ehieken tfaeter-s shall be kept at least five (5) feet fieln
(fee) Henhouses, coops and chicken tractors shall provide for adequate shelter, be kept
clean and maintained so that dust, manure and odors are not detectable beyond any property line
(gD Henhouses, coops and chicken tractors including chicken runs shall not exceed
two hundred (200) square feet in size and shall not exceed seven (7) feet in height at the
structure's highest point
(hg) Henhouses and coops shall provide at least six (6) square feet of space per
chicken
(ihh) Chicken tractors shall provide at least four (4) square feet of space per chicken
(ti) Henhouses, coops and chicken tractors shall be restricted to the backyard area of a
single - family residential lot
1
Chickens - 2012 Updates
(kl) Henhouses, coops and chicken tractors shall be set back from any body of water
in compliance with the City of Bremerton's shoreline master plan and critical areas ordinance as
each are currently enacted or hereinafter amended
(1k) Henhouses, coops and chicken tractors shall be set back one hundred (100) feet
from any public or private well
(fnJ Chickens shall not be allowed to run at large and shall be enclosed within a
henhouse, coop or chicken tractor at all times
(nm) Chickens shall be allowed only on single - family residential lots containing a
maximum of one (1) residence
(end Chicken manure shall be managed so as not to create a nuisance or be in violation
of Chapter 6 02 BMC as currently enacted or hereinafter amended
(po) Chickens shall not be slaughtered
(qp) All chicken feed or food set aside for chickens shall be stored in rodent -proof
containers and feeders
(fq) All structures used to house or care for chickens, including henhouses, coops and
chicken tractors, shall be rodent -proof
(sr) Any rodent activity in the vicinity of any chicken structure or enclosure shall
require the licensed owner of the chickens to eradicate the rodents in compliance with local, state
and federal laws
7.06.020 CHICKEN LICENSE.
(a) Annual License A single license to keep up to four (4) chickens per single - family
residential lot shall be obtained annually by the owner or within thirty (30) calendar days from
the date the owner acquires the chicken(s) or brings chickens into the City of Bremerton
(b) License Expiration A chicken license shall expire one (1) year from the date of
issuance
(c) Chicken License Fee License fees are set pursuant to BMC 3.010-500 10
(d) Additional License Fee Licenses not renewed by the designated renewal date
shall be assessed an additional license fee of ten dollars ($10 00), provided, there shall be no
additional license fee where
(1) The applicant has owned the chicken(s) for less than thirty (30) calendar
days; or
(2) The applicant has resided in the City for less than thirty (30) calendar
days, or
(3) At the discretion of the City Clerk, amnesty may be granted to all residents
for an announced period of time not to exceed ninety (90) days in duration, and no more
frequently than once per calendar year.
(e) Exemptions from License Fees The following are exempt from license fees
(1) Chickens in the temporary custody of a veterinarian or animal welfare
organization whose owners are unknown, or
(2) Chickens owned, and available for retail sale, by the owner or operator of
a licensed commercial pet facility
7.06.030 CHICKEN LICENSE PROCEDURE.
(a) Issuance of Licenses The City Treasurer, animal control authority, or the
authorized agents thereof shall issue licenses pursuant to BMC 7.06.020, as specified in this
section.
(b) Contents of License The license shall contain the following
2
Chickens - 2012 Updates
(1) Date of issuance and date of expiration,
(2) A serial number,
(3) The name, address, and telephone number of the owner of the chicken(s)
(c) Transferability of Licenses Licenses are not transferable from one chicken owner
to another
7.06.040 SUNSET PROWSION CHICKEN&
A amea 4 +t. tit .a Y t p u aiA to O m No 5126 sh ll e n
sunse4 June 3 0, f
stmset f &ay ei4izea legally possessing ehiekens at the time of the stmset shall be allowed
.7 b th i ne e e shall „ i # se . ev ffier- b 11.. .7 e to add to the ,nbe
of ehirakens kept after the sunset eeaetffs
SECTION 2. Severability If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect
SECTION 3. Effective Date This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law
PASSED by the City Council the day of 9 2012
JIM McDONALD, Council President
Approved this day of , 2012
PATTY LENT, Mayor
ATTEST APPROVED AS TO FORM
SHANNON CORIN, Intenm City Clerk ROGER A LUBOVICH, City Attorney
PUBLISHED the day of , 2012
EFFECTIVE the day of , 2012
ORDINANCE NO
R \Legal\Lega1 \0rdinances \0ty CouncihChickens - 2012 Updates doe
3
Chickens - 2012 Updates
Page 1 of 1
From. Bryan Speare [bryan speare@gmad com]
Sent: Saturday, May 12, 2012 5 33 PM
To: City Council
Subject: We support chickens in Bremerton'
Dear City Council members -
I know that your time is valuable, so I will try to keep this message brief I am writing to voice
my support for removing the "sunset provision" from Chapter 7 06 (CHICKENS) of the
Bremerton Municipal Code at the May 16 council meeting I also support the other changes
included in Ordinance 5185, but I urge the council, at a minimum, to remove the sunset
provision and permanently make chicken keeping legal in Bremerton
My wife and I currently live in Mason County, but are hoping to move to Bremerton with our
four chickens My wife is a teacher and I am an engineer at PSNS Although we don't live in
Bremerton (not yet, anyway), we certainly want it to be the best city it can be The ability to
responsibly keep chickens will help make Bremerton a more appealing place for young people
like us and anyone that appreciates locally grown, natural foods Sustamability is not a trend - it
is a way of life that we must embrace if we want our communities to succeed in the long run
Thanks for your time,
Bryan and Jacquelyn Speare
360 -515 -6510
BJspeare @gmail com
5/14/2012
Page 1 of 1
From: Meredith Tummeti [meredithtummeti@yahoo com]
Sent: Saturday, May 12, 2012 10 10 PM
To: City Council
Subject: Fw Hen Ordinance Renewal
Please forward to Greg Wheeler
Thank you
- - - -- Forwarded Message - - - --
From: Meredith Tummeti <meredithtummeti@yahoo com>
To- greg wheeler <electgregwheeler@gmail com>
Sent: Thursday, May 10, 2012 12 37 PM
Subject: Hen Ordinance Renewal
Hello Mr Wheeler,
I know I have communicated with you before, and if it is not too late, I would appreciate
your continued support of the Hen Ordinance and consider the proposed changes that
were presented to the commitee Personally, I would be most interested in the change
in quantity of hens allowed, for after 1 year of raising my 4 hens, I find that their egg
output barely meets the needs for our family of 3, even though I chose breeds that are
heavy layers
Personally, we have been very happy so far with our hens Our neighbor right next door
was suprised to learn we had hens, because she never heard them or smelled them I
must be doing something right I can attest that we have had no vermin or predator
problems at all, and I have been happily composting all waste and litter and I expect
that compost to contribute greatly to my garden
I was also glad to receive a renewal notice in the mail for my hen license, from the
Kitsap Humane Society, even though in the past 3 years I have not received a renewal
notice for my dog or cats, and I have had to remember the renewal time and make a
special trip to their location to renew the licenses
Thank you so much for your time and consideration
Sincerely,
Meredith Tummeti
1012 12th st , Bremerton 98337
360- 813 -5074
meredithtummeti@yahoo com
5/14/2012
I )
From Christine Grenier on behalf of City Council
Sent Wednesday, April 25, 2012 11 58 AM
To 'Laura'
Subject FW Citizen Support - City's Chicken Ordinance Changes (Laura Knelb)
Ms Kneib,
Thank you for your letter, which will be provided to the Council Members for their review prior to the
Study Session on May 9
A copy was also shared with the Mayor for her information
It is appreciated that you took the time to share your personal experience with chickens
Christine Grenier
Christine Grenier
Council /Auditor Assistant
City of Bremerton
(360) 473 -5280
From: Laura [mailto hattie @ostrichbay com]
Sent: Tuesday, April 24, 2012 3 47 PM
To: City Council
Subject: City Chickens
Good afternoon I
As per an article I read in the Kitsap Sun, I learned there is great interest in increasing the
number of allowed chickens, in city limits, from 4 to 8 1 think that's a great ideal
My husband and I can go easily through 2 dozen eggs a week, between cooking and eating a
pair of eggs each for breakfast
Assuming all four chickens are laying (a farmer's dream) that makes 28 eggs a week
maximum for 4 hens For a regular family of 2 adults and a couple of kids, four hens will not
supply an adequate number of eggs to keeping 4 hens practical
Six to eight hens is a better number
Happy Trails
Laura Kneib
Bremerton, WA
4/25/2012
From: Lori Smith on behalf of City Council
Sent: Friday, April 06, 2012 12 20 PM
To: 'everyfrog@gmail com'
Subject: FW Citizen Support - City's Chicken Ordinance Changes (Tiffany Royal)
Attachments: Agenda pdf
From: Tiffany Royal (mailto'everyfrog @gmail.com]
Sent: Friday, April 06, 2012 11:20 AM
To: City Council
Subject: In support of the City of Bremerton Chicken Ordinance changes
Dear Council Member
We have been asked by some Council Members to provide rationale for the changes we are seeking Our
understanding of including the sunset clause was to give the Council and citizens a chance to review the hen
ordinance at the end of the test period, in order to see what was working well, to make it simpler and less
burdensome to hen owners, and to make it closer to the Seattle ordinance that was recently revised after several
years of successful "chicken adoption"
After several requests to the Kitsap Humane Society and to City Council members, the verbal testimony that we have
obtained (no one seems to be able to provide any written evidence) there have been few complaints about chickens
One individual in downtown Bremerton who keeps multiple roosters, which were illegal prior to the hen ordinance and
remain illegal, seems to be responsible for a majority of the complaints Apparently there have been no complaints
against licensed hen owners
A brief summary of our rationale for requesting changes to the ordinance is as follows
Item 1 We have asked that the number of hens be increased to 8 This follows Seattle's example, and allows for
overlapping flocks when older hens are replaced with chicks to keep egg production going It also gives leeway when
introducing new hens to an existing flock that has had loss from death or predation (It is much easier to safely
introduce 2 -3 hens than 1 to an existing flock )
Items 2 and 3 concern setbacks and placement of chickens on lot There seems to be no real evidence for requiring
citizens to keep chicken housing 5 feet away from existing structures in their yards Adding a coop to a garden shed
or a garage is very logical, and cost saving Setbacks from neighboring property should be 5 feet instead of 10
Many houses in Bremerton have very small back yards, but very large side yards which could easily house chickens
Item 4 Raising backyard hens is an investment, and people who choose to do it are interested in protecting their
investment Allowing hens in a larger fenced area of the yard should be at homeowners discretion
Item 5 If a person owns a vacant lot next to their home, or has permission from the landowner this space could
easily be used for chicken housing and run
Item 6 With the current state of the Kitsap Humane Society, enforcement of licensing seems improbable, and with
the small numbers of hen owners, annual licensing costs probably outweigh annual fees As an alternative, a one
time license (as is now the rule for senior citizens) would provide a record of chicken owners without burdening either
citizens or the KHS
Item 7 1 am sure all of us who have been dealing with this issue for some years now would like it to be over Those
of us who keep chickens have campaigned for changes to Bremerton's animal ordinance because we want to be
within Bremerton law Without the changes many of us we will continue to remain outside the ordinance, and will
therefore continue to ask for changes on a regular basis If issues come up in later years, the City Council can make
the hen ordinance more restrictive
Thank you for your consideration'
Sincerely,
Tiffany Royal
703 11th Street
Bremerton, WA 98337
4/6/2012
Page 1 of 1
From carolee valentine [ckvalentine @mac com]
Sent Friday, April 06, 2012 10 58 AM
To Adam Brockus
Cc City Council
Subject Citizen rationale for change
A group of citizens met last night to summarize our rationale for the changes we are seeking to
the hen ordinance Our understanding of including the sunset clause was to give the Council and citizens a chance to
review the hen ordinance at the end of the test period, in order to see what was working well, to make it simpler and less
burdensome to hen owners, and to make it closer to the Seattle ordinance that was recently revised after several years of
successful "chicken adoption" After several requests to the Kitsap Humane Society and to City Council members, the verbal
testimony that we have obtained (no one seems to be able to provide any written evidence) there have been few complaints about
chickens One individual in downtown Bremerton who keeps multiple roosters, which were illegal prior to the hen ordinance and
remain illegal, seems to be responsible for a majority of the complaints Apparently there have been no complaints against
licensed hen owners
A brief summary of our rationale for requesting changes to the ordinance is as follows
Item 1 We have asked that the number of hens be increased to 8 This follows Seattle's example, and allows for
overlapping flocks when older hens are replaced with chicks to keep egg production going It also gives leeway
when introducing new hens to an existing flock that has had loss from death or predation (It is much easier to safely
introduce 2 -3 hens than 1 to an existing flock )
Items 2 and 3 concern setbacks and placement of chickens on lot There seems to be no real evidence for requiring
citizens to keep chicken housing 5 feet away from existing structures in their yards Adding a coop to a garden shed
or a garage is very logical, and cost saving Setbacks from neighboring property should be 5 feet instead of
10 Many houses in Bremerton have very small backyards, but very large side yards which could easily house
chickens
Item 4 Raising backyard hens is an investment, and people who choose to do it are interested in protecting their
investment Allowing hens in a larger fenced area of the yard should be at homeowners discretion
Item 5 If a person owns a vacant lot next to their home, or has permission from the landowner this space could
easily be used for chicken housing and run
Item 6 With the current state of the Kitsap Humane Society, enforcement of licensing seems improbable, and with
the small numbers of hen owners, annual licensing costs probably outweigh annual fees As an alternative, a one
time license (as is now the rule for senior citizens) would provide a record of chicken owners without burdening either
citizens or the KHS
Item 7 1 am sure all of us who have been dealing with this issue for some years now would like it to be over Those
of us who keep chickens have campaigned for changes to Bremerton's animal ordinance because we want to be
within Bremerton law Without the changes many of us will continue to remain outside the ordinance, and will
therefore continue to ask for changes on a regular basis If issues come up in later years, the City Council can make
the hen ordinance more restrictive
Thank you for your support on this issue
Carolee Valentine
4/9/2012
Page 1 of 2
From Bob Buck [bobbuck69 @gmail com]
Sent Friday, April 06, 2012 3 03 PM
To City Council, Patty Lent
Subject Chicken Law changes requested
Dear Council Member and Mayor
We have been asked by some Council Members to provide rationale for the changes we are
seeking Our understanding of including the sunset clause was to give the Council and citizens a
chance to review the hen ordinance at the end of the test period, in order to see what was
working well, to make it simpler and less burdensome to hen owners, and to make it closer to the
Seattle ordinance that was recently revised after several years of successful "chicken adoption"
After several requests to the Kitsap Humane Society and to City Council members, the verbal
testimony that we have obtained (no one seems to be able to provide any written evidence) there
have been few complaints about chickens One individual in downtown Bremerton who keeps
multiple roosters, which were illegal prior to the hen ordinance and remain illegal, seems to be
responsible for a majority of the complaints Apparently there have been no complaints against
licensed hen owners
A brief summary of our rationale for requesting changes to the ordinance is as follows
Item 1 We have asked that the number of hens be increased to 8 This follows Seattle's
example, and allows for overlapping flocks when older hens are replaced with chicks to keep egg
production going It also gives leeway when introducing new hens to an existing flock that has
had loss from death or predation (It is much easier to safely introduce 2 -3 hens than 1 to an
existing flock )
Items 2 and 3 concern setbacks and placement of chickens on lot There seems to be no real
evidence for requiring citizens to keep chicken housing 5 feet away from existing structures in
their yards Adding a coop to a garden shed or a garage is very logical, and cost saving
Setbacks from neighboring property should be 5 feet instead of 10 Many houses in Bremerton
have very small back yards, but very large side yards which could easily house chickens
Item 4 Raising backyard hens is an investment, and people who choose to do it are interested in
protecting their investment Allowing hens in a larger fenced area of the yard should be at
homeowners discretion
Item 5 If a person owns a vacant lot next to their home, or has permission from the landowner
this space could easily be used for chicken housing and run
Item 6 With the current state of the Kitsap Humane Society, enforcement of licensing seems
improbable, and with the small numbers of hen owners, annual licensing costs probably
outweigh annual fees As an alternative, a one time license (as is now the rule for senior
citizens) would provide a record of chicken owners without burdening either citizens or the
KHS
Item 7 1 am sure all of us who have been dealing with this issue for some years now would like
it to be over Those of us who keep chickens have campaigned for changes to Bremerton's
animal ordinance because we want to be within Bremerton law Without the changes many of us
4/9/2012
Page 2 of 2
we will continue to remain outside the ordinance, and will therefore continue to ask for changes on a
regular basis If issues come up in later years, the City Council can make the hen ordinance more
restrictive
Bob Dollar
Citizen
4/9/2012
From Jen Mistaria benmistaria @gmad corn]
Sent Friday, April 06, 2012 6 50 PM
To City Council
Subject Chicken Ordinance
Dear Ms Flemister and Council Members
How chickens are cared for impacts how healthy their eggs are when eaten As I become
increasingly aware of how chickens are raised and treated more as machines than living
beings on large livestock factories in our country, I have a growing desire to raise and
house a few chickens on my own While it will be some time before I add a few chickens to
my family, it is necessary to speak up now to ensure I will be able to do so in the
future
Many of my friends already care for chickens and have fantastic fresh eggs Going to
their homes and observing the cleanliness of the living conditions and seeing happy
chickens clucking and scratching peacefully makes this seem like a reasonable addition to
the backyard
I've read a couple of books on caring for chickens and four is really too small to get
enough eggs for a family, especially as production decreases during the darker winter
months, when they molt annually, and as they age Chickens are very social and can't be
raised alone, either
The Bremerton "Chickenistas" has been asked by some Council Members to provide rationale
for the changes we are seeking Our understanding of including the sunset clause was to
give the Council and citizens a chance to review the hen ordinance at the end of the test
period, in order to see what was working well, to make it simpler and less burdensome to
hen owners, and to make it closer to the Seattle ordinance that was recently revised after
several years of successful `chicken adoption" After several requests to the Kitsap
Humane Society and to City Council members, the verbal testimony that we have obtained (no
one seems to be able to provide any written evidence) there have been few complaints about
chickens One individual in downtown Bremerton who keeps multiple roosters, which were
illegal prior to the hen ordinance and remain illegal, seems to be responsible for a
majority of the complaints Apparently there have been no complaints against licensed hen
owners
A brief summary of our rationale for requesting changes to the ordinance is as follows
Item 1 We have asked that the number of hens be increased to 8
This follows Seattle's example, and allows for overlapping flocks when older hens are
replaced with chicks to keep egg production going It also gives leeway when introducing
new hens to an existing flock that has had loss from death or predation (It is much
easier to safely introduce 2 -3 hens than 1 to an existing flock )
Items 2 and 3 concern setbacks and placement of chickens on lot
There seems to be no real evidence for requiring citizens to keep chicken housing 5 feet
away from existing structures in their yards
Adding a coop to a garden shed or a garage is very logical, and cost saving Setbacks
from neighboring property should be 5 feet instead of 10 Many houses in Bremerton have
very small back yards, but very large side yards which could easily house chickens
Item 4 Raising backyard hens is an investment, and people who choose to do it are
interested in protecting their investment Allowing hens in a larger fenced area of the
yard should be at homeowners discretion
Item 5 If a person owns a vacant lot next to their home, or has permission from the
landowner this space could easily be used for chicken housing and run
Item 6 With the current state of the Kitsap Humane Society,
enforcement of licensing seems improbable, and with the small numbers of hen owners,
annual licensing costs probably outweigh annual fees
As an alternative, a one time license (as is now the rule for senior
1
citizens) would provide a record of chicken owners without burdening either citizens or
the KHS
Item 7 I am sure all of us who have been dealing with this issue
for some years now would like it to be over Those of us who keep chickens have campaigned
for changes to Bremerton's animal ordinance because we want to be within Bremerton law
Without the changes many of us we will continue to remain outside the ordinance, and will
therefore continue to ask for changes on a regular basis If issues come up in later
years, the City Council can make the hen ordinance more restrictive
Thank you for your careful consideration to this issue
Sincerely,
Jenifer Mistaria
2
I
From Christine Grenier on behalf of City Council
Sent Monday, April 09, 2012 9 39 AM
To 'Jen Mistana'
Subject FW Citizen Support - City's Chicken Ordinance Changes (Jen Mistana)
Ms Mistaria,
Thank you for your letter, which will be provided to Faye Flemister, as well as the rest
of the Council Members for their review prior to the Study Session on April 11 A copy
has also been shared with the Mayor for her information
It is appreciated that you took the time to share your comments and concerns
Christine Grenier
Council /Auditor Assistant
City of Bremerton
(360) 473 -5280
- - - -- Original Message---- -
From Jen Mi.staria [mailto jenmistari.a @gmail com]
Sent Friday, April 06, 2012 6 50 PM
To City Council
Subject Chicken Ordinance
Dear Ms Flemister and Council Members
How chickens are cared for impacts how healthy their eggs are when eaten As I become
increasingly aware of how chickens are raised and treated more as machines than living
beings on large livestock factories in our country, I have a growing desire to raise and
house a few chickens on my own While it will be some time before I add a few chickens to
my family, it is necessary to speak up now to ensure I will be able to do so in the
future
Many of my friends already care for chickens and have fantastic fresh eggs Going to
their homes and observing the cleanliness of the living conditions and seeing happy
chickens clucking and scratching peacefully makes this seem like a reasonable addition to
the backyard
I've read a couple of books on caring for chickens and four is really too small to get
enough eggs for a family, especially as production decreases during the darker winter
months, when they molt annually, and as they age Chickens are very social and can't be
raised alone, either
The Bremerton "Chi.ckenistas" has been asked by some Council Members to provide rationale
for the changes we are seeking Our understanding of including the sunset clause was to
give the Council and citizens a chance to review the hen ordinance at the end of the test
period, in order to see what was working well, to make it simpler and less burdensome to
hen owners, and to make it closer to the Seattle ordinance that was recently revised after
several years of successful "chicken adoption" After several requests to the Kitsap
Humane Society and to City Council members, the verbal testimony that we have obtained (no
one seems to be able to provide any written evidence) there have been few complaints about
chickens One individual in downtown Bremerton who keeps multiple roosters, which were
illegal prior to the hen ordinance and remain illegal, seems to be responsible for a
majority of the complaints Apparently there have been no complaints against licensed hen
owners
A brief summary of our rationale for requesting changes to the ordinance is as follows
1
Item 1 We have asked that the number of hens be increased to 8
This follows Seattle's example, and allows for overlapping flocks when older hens are
replaced with chicks to keep egg production going It also gives leeway when introducing
new hens to an existing flock that has had loss from death or predation (It is much
easier to safely introduce 2 -3 hens than 1 to an existing flock )
Items 2 and 3 concern setbacks and placement of chickens on lot
There seems to be no real evidence for requiring citizens to keep chicken housing 5 feet
away from existing structures in their yards
Adding a coop to a garden shed or a garage is very logical, and cost saving Setbacks
from neighboring property should be 5 feet instead of 10 Many houses in Bremerton have
very small back yards, but very large side yards which could easily house chickens
Item 4 Raising backyard hens is an investment, and people who choose to do it are
interested in protecting their investment Allowing hens in a larger fenced area of the
yard should be at homeowners discretion
Item 5 If a person owns a vacant lot next to their home, or has permission from the
landowner this space could easily be used for chicken housing and run
Item 6 With the current state of the Kitsap Humane Society,
enforcement of licensing seems improbable, and with the small numbers of hen owners,
annual licensing costs probably outweigh annual fees
As an alternative, a one time license (as is now the rule for senior
citizens) would provide a record of chicken owners without burdening either citizens or
the KHS
Item 7 I am sure all of us who have been dealing with this issue
for some years now would like it to be over Those of us who keep chickens have campaigned
for changes to Bremerton's animal ordinance because we want to be within Bremerton law
Without the changes many of us we will continue to remain outside the ordinance, and will
therefore continue to ask for changes on a regular basis If issues come up in later
years, the City Council can make the hen ordinance more restrictive
Thank you for your careful consideration to this issue
Sincerely,
Jenifer Mistaria
2
Page 1 of 1
From Robin [Robin h9401 38@comcast net]
Sent Monday, March 19, 2012 4 20 PM
To Adam Brockus
Cc City Council, greg wheeler
Subject Urban Chickens
Please make Urban chickens permanent in Bremerton My neighbor kept chickens and I never even noticed I'd like
to see the city expand on this opportunity Give the chicken folks the changes they want and consider letting folks
keep goats too
Thanks for listening
Robin
3/20/2012
From standbyandgo @aol com
Sent Monday, March 19, 2012 11 41 PM
To City Council
Subject To Jim Mcdonald
Dear Mr Mcdonald,
Greetings
I'm writing to go on record as stating my strong opposition to this measure the council is
about to take regarding the keeping of chickens within the city limits Why?
It's not a question of whether rats and other vermin will invade the neighborhoods of
those people raising chickens They will I'd ask you to Google "feeding chickens rats"
and just take a look at what you see
Here are a few examples
http / /www grit com/ Backyard- Poultry -with- the - Chicken - Whisperer /Chickens Bringing
Rats aspx
http / /www chickencoopsdirect com /keepi.ng- chickens /will- chickens attract - rats
http / /www mypetchi.cken com/ backyard - chickens /chicken- help /What - do - I - need - to - know - about
rats -if -I- keep -H177 aspx
People that have experience raising chickens all know that vermin are attracted to areas
where chickens are kept In practice, the city cannot monitor the method of feeding these
chickens There will be chicken feed on the ground There will be vermin Nobody on the
city council needs to be reminded that rats harbor disease And they will invade
neighboring homes This will only compound the problems that have already developed with
the feeding of squirrels and other wildlife in some neighborhoods
Some of our citizens do not consider how their actions might impact their neighbors
Other cities have started allowing chickens to be raised within their limits We all know
that some cities are capable of making decisions that are not consistent with good
judgement
No doubt, these city officials do not remember or never knew why these restrictions on
activities that are i.nappapropriate to urban environments were created in the first place
This is really a case of repeating history we should have learned from
If the city goes forth with this it will create some very unpleasant situations between
neighbors Those raising chickens will feel they have every right to do so and you will
have taken away any legal recourse from those whose lives are negatively impacted by their
neighbors Please don't do this
Kind Regards,
Kenneth Medni.ck
P 0 Box 468
Bremerton, Wa 98337
1
Page 1 of 1
From: Jim McDonald
Sent: Tuesday, March 20, 2012 2 57 PM
To: standbyandgo@aol corn
Cc: City Council
Subject: Chickens in Bremerton
Mr Medmck,
Thank you for your E -mail regarding the City's proposal to remove the sunset clause that
currently allows up to four hens to be raised within the City limits of Bremerton (with numerous
conditions)
The City adopted the current ordinance last year on a trial basis I was initially opposed to the
ordinance because it did not have enough protections for the neighbors of those who raise
chickens However, after months of discussion and research, I supported the current ordinance
on a one -year trial basis because the ordinance provides conditions that addressed my primary
concerns This ordinance will expire in June of this year if the Council chooses not to eliminate
the sunset clause
You can review the primary conditions contained in the attached link The conditions do include
provisions to minimize the attraction of rats as well as requiring each household to obtain a
license which allows the household to raise chickens
http //www ci bremerton wa us /forms /finance /app ChickenPermit Pdf
The City has had less than 20 households obtain licenses to raise chickens Of those who are licensed,
we have received no complaints (Though we have received several complaints from people who are not
licensed and were not meeting the ordinance requirements)
The City has also received comments supporting the removal of the sunset clause and even expanding
the number of chickens allowed, Even a person who lives next to someone who raises chickens has
written to support the removal of the sunset clause
Because of the current restrictions and licensing requirement, and because the restrictions are
enforceable, and because there is a sincere interest for people to be able to provide their own food, I will
support the removal of the sunset clause However, I will need to carefully examine any other proposed
changes, before I can agree to support those
Respectfully,
Jim McDonald
Bremerton City Council
District 1
3/20/2012
Pagel of 3
- - � -- - - - - -- - -- - -- - -------------------- --- - --
From Sara Kircher [sskircher @gmad com]
Sent Monday, March 19, 2012 5 42 PM
To City Council
Subject Re Citizen Suggestions - Chicken Ordnance Changes (Sara Devito)
Dear Ms Smith,
I read in the recent Kitsap Sun article that Councilman Nick Wofford has reasonably requested
justifications for each of the citizens' proposed changes to the current chicken ordinance I hope
that I might be able to help address some of the issues I believe to be particularly important
When all is said and done, I believe that all of us citizens will be happy to have the ordinance
become permanent, regardless of whether or not any changes are made
As far as justification for the proposed changes, I would like to provide rationales for those I feel
are particularly important I believe the other aspects of the current ordinance are reasonable,
and do not personally feel it necessary to change any other than the following 3 items Please
note the explanations for the following proposed changes
1 Change number of chickens to 8 -- section 7 06 010 (paragraph a) Most residents would like
to raise chickens for the fresh, organic eggs that they provide to feed their families A limit of 8
chickens is a more reasonable number for providing consistent food for a family Even urban
cities often have a limit of 8 hens, including Seattle Additionally, an occasional loss of a hen to
a predator may occur, and the time and effort that goes into raising chicks to grow into laying
hens is great Therefore, we would like to request that the maximum number of hens allowed be
8
2 Change 7 06 010 paragraph m to chickens shall not be allowed to run at large off owners lot
and shall be enclosed within a henhouse, coop, chicken tractor or fenced area of the lot
Chickens are happiest and healthiest when allowed some time to free -range on grass, as this
allows them to consume insects and plants As long as hens are kept within a fenced area of the
owner's lot, without exception, we request that they be allowed to range outside of a coop or
chicken tractor If this becomes an issue, it can obviously be reversed
3 Eliminate licensing requirement -- section 7 06 020 (paragraph a) We are unclear as to why
citizens should be required to pay annual fees in order to keep hens
Thank you very much for your consideration of these matters Please do not hesitate to contact
me if any further information is requested
Sincerely,
Sara DeVrto
On Tue, Mar 13, 2012 at 2 47 PM, City Council < City Council(2ci bremerton wa us > wrote
Ms De Vito,
3/20/2012
Page 2 of 3
Thank you for providing the suggested changes to Chapter 7 06 of the Bremerton Municipal Code (BMC)
entitled "Chickens ", which I have forwarded to the Council Members, Mayor Lent, and City Attorney Roger
Lubovich for their consideration
Please note that the Public Safety & Parks Committee will be discussing this issue at their meeting tomorrow
afternoon, but the item is not scheduled for the Council Study Session until March 21
It is appreciated that you took the time to submit your comments, as well as the ideas proposed by your
neighborhood
Lori Smith
Lori Smith
Legislative Assistant
Bremerton City Council
(360) 473 -5280
From: Sara Kircher [mailto sskircher@amail com
Sent: Tuesday, March 13, 2012 2 32 PM
To: City Council
Subject: proposed changes to chicken ordinance
Dear City Council members,
The law legalizing chickens in Bremerton will reach sunset in June, and I understand that a study
session will be held this week The following are changes that current Bremerton citizens have
discussed with regards to the existing hen ordinance We would very much appreciate your support
with regards to these changes
Changes to existing hen ordinance proposed by Bremerton citizens
1 Change number of chickens to 8 -- section 7 06 010 (paragraph a)
3/20/2012
Page 3 of 3
2 Reduce property setbacks to 5 feet and eliminate setbacks from other structures -- section 7 06 010
(paragraph d)
3 Eliminate paragraph J chickens confined to backyard only
4 Change 7 06 010 paragraph in to chickens shall not be allowed to run at large off owners lot and
shall be enclosed within a henhouse, coop, chicken tractor or fenced area of the lot
5 Change paragraph n to Chickens shall be allowed on a single family lot containing a single family
residence or a vacant lot adjacent to a single family residence
6 Eliminate licensing requirement -- section 7 06 020 (paragraph a)
7 Make chicken ordinance permanent -- section 7 04 40
Thank you very much for your time and consideration
Sincerely,
Sara DeVito
Bremerton, WA
3/20/2012
Page 1 of 1
From: robert [randlw@comcast net]
Sent: Wednesday, March 21, 2012 7 51 AM
To: City Council
Subject: chickens
To the city counsel subject chickens
i see in the paper you are planning approving the rule about chickens iam against it 100% the guy behind
me got 4 chickens and a rooster right from the start i told him a rooster wasn't allowed j had to call 911
to make him get rid of it and i don't think his pen is 10ft from my place it shouldn't be my place to fix
something that you people let happen ,people aren't going to obey the rules, dust like they don't drive the
speed limit if people want to live on a farm than they should move to one, the city is no place for raising
chickens i don't have time to be a cop for you if you want to do something good for the city make the
lazy home owners clean up their yards
3/21/2012
Page 1 of 1
From. Deborah McDaniel [deborah mcdaniel @gmail com]
Sent: Tuesday, March 20, 2012 5 36 PM
To: City Council
Subject: Remove sunset clause from chicken law
Greetings
Please do away with the upcoming sunset clause in the current "urban hen" ordinance on the
Bremerton books
It is my understanding that there have been few (if any) complaints about *registered* hen
owners in the year since ownership became legal
I know that there are other amendments on the table, but am willing to have the council use a
"take it slow" approach to this issue
Thanks so much for your thoughtful consideration of this issue
Regards,
Deborah McDaniel
Manette
3/21/2012
Page 1 of 2
From: Aaron Berger [aaron seth berger@gmail com]
Sent: Sunday, March 25, 2012 1 16 AM
To: City Council
Subject: City Chicken Ordinance Sunset
To Bremerton City Counsel
From Aaron S Berger
Re Keeping chickens inside of Bremerton city limits
I am a new resident of Bremerton and I am interested in bringing my 5 city chickens up to
Bremerton shortly They are currently residing in the backyard of a neighbor and friend in my
previous city, Idaho Falls (Idaho), while I am house hunting up here Keeping city chickens has
been very fun and rewarding for us and as we have been doing it since doing so was legalized in
Idaho Falls a couple years ago, I have some background in it My significant other and I are both
accomplished Engineers in our mid - thirties with steady fobs and solid involvement in community
affairs The chickens are our only pets
I have examined the current ordinance scheduled to sunset shortly and I have a few suggestions
to improve the ordinance
1 Change number of chickens to 8 -- section 7 06 010 (paragraph a)
- Most city chicken keepers will have 3 -6 birds, but having a limit up to 8 allows healthy
fluctuation without excessive numbers I wouldn't mind having 4 chickens instead of 5, but there
is no way to know exactly how many good hens you will have when you start raising chicks
The generally accepted practice is to get one or two extra just in case
2 Reduce property setbacks to 5 feet and eliminate setbacks from other structures -- section
7 06 010 (paragraph d)
- My experience is that a few hens are no more annoying to neighbors than a dog I had my
chicken tractor right against the fence of my neighbors for months and they only figured out I
had chickens when they put a trampoline in their back yard and dumped high enough to see them
over the fence We never had any complaints
3 Eliminate paragraph J chickens confined to backyard only
- In Manette, it's hard to define what is a backyard. Half the houses I am looking at do not have a
well defined backyard due to either being a corner lot or angled in a way which faces the water
or mountain views
4 Change 7 06 010 paragraph in to chickens shall not be allowed to run at large off owners lot
and shall be enclosed within a henhouse, coop, chicken tractor or fenced area of the lot
- Agam, like similar conditions for a dog, it dust makes sense My chicken tractor (which cost
well over $2,000) is very capable of housing the birds overnight and during bad weather, but
they are free ranging animals by nature The birds love to run around the yard and play in the
bushes, dust like dogs do. It makes sense to allow this within a confined area on the owners
property
5 Change paragraph n to Chickens shall be allowed on a single family lot containing a single
family residence or a vacant lot adjacent to a single family residence
3/30/2012
Page 2 of 2
- Some of the houses I have seen in Manette which seem suitable for keeping hens are actually two lots
right next to each other As I understand the current city ordinance, keeping chickens on the second lot
would not be allowed
6 Eliminate licensing requirement -- section 7 06 020 (paragraph a)
- A city ordinance alone is more than sufficient to ensure compliance to generally accepted husbandry
practices
7 Make chicken ordinance permanent -- section 7 04 40
I hope my insight will prove valuable as the city council works to determine the fate of chickens in
Bremerton Please let me know if I can be of any further assistance on this issue
Sincerely,
Aaron S Berger
1309B Perry Ave
Bremerton, WA 98310
(808) 778 -9040
3/30/2012
Page 1 of 2
From Lori Smith on behalf of City Council
Sent Tuesday, March 27, 2012 4 34 PM
To City Council
Subject FW Citizen Comments - Against Chickens in City (Ken Mednick)
Attn Roy
cc Council Members (FYI)
----- Ongrna/ Message---- -
From: standbyandgo @aol com [mailto standbyandgo @aol com]
Sent: Monday, March 26, 2012 4 47 PM
To- City Council
Cc: Patty Lent, Legal
Subject: Please Forward To Roy Runyon
Roy,
Hello again We spoke for a brief moment dust prior to the council meeting this past Wednesday
You may recall I had a problem a couple of years back with 4 separate households, all of whom
were feeding squirrels, our immediate neighborhood had become seriously overrun
These neighbors, all of them, were unwilling to listen to polite presentations to the effect that
squirrels, when their populations swell as a result of an artificially created food supply, will
damage properties, preferring to nest in structures where they are relatively warm and protected
from the elements as opposed to trees, where they would normally nest in nature They will
make every effort to chew or claw their way in Wonder what that smell in your house is'?
There's a long list of problems that feeding wild animals in residential areas can create
Without boring you with every detail of this episode which would make this quite a long letter,
fast forward 3 years During this time 2 of the 4 neighbors have, in fact, had their houses
infested with squirrels A particularly unsavory situation to say the least One of these homes
had to be vacated (the house is currently undergoing a complete renovation by the landlord in
order to render it habitable) as a result
Why am I referencing this incident to the allowing of chickens on our urban properties that the
council is now discussing?
Many of those who will keep chickens will conduct themselves properly But human nature
being what it is, many will not We both know there will be food where it doesn't belong And
there will be rats Let's be real about this
Despite all the regulations included in the licensing form, if there is a violation, a neighbor has to
be the one to take the issue up with the city against someone they live next door to Therein lies
a huge rub When, in my case, I took to the only recourse I had available and contacted Kitsap
Animal Control regarding this squirrel issue, it got hugely ugly I mean really, dust awful To
these neighbors i was the devil To my other neighbors who also deplored the squirrel feeding
(there are many) I was an angel I'd have preferred to be neither and dust gone on about my
business
3/27/2012
Page 2 of 2
There are people who will unhappily live with intolerable situations created by their neighbors rather
than file a report and have to deal with reactions that can be openly hostile So in practice, it may seem
that there are protections in place, but social situations will often render them impractical Some of our
neighbors, I'm sorry to say, can be unpleasant Although these protections may be there, in the real
world, they won't work The best protection is to have those laws in place that were placed there many
years ago when it became obvious that feeding barnyard animals in urban environments is a bad idea
Please don't support of this
Kind Regards,
Ken Mednick
P O Box 468 Bremerton, Wa 98337
3/27/2012
Page 1 of 1
From Lori Smith on behalf of City Council
Sent Friday, March 30, 2012 9 21 AM
To City Council
Subject FW Response to Citizen Comments - Against Chickens in City (Ken Mednick)
Attn Council Members (FYI)
From: Roy Runyon
Sent: Thursday, March 29, 2012 9'33 PM
To: 'standbyandgo @aol com'
Cc: City Council, 'eclectica 1958@g mail com', 'bobbuck69 @gmail com'
Subject: RE Citizen Comments - Against Chickens in City (Ken Mednick)
Ken,
Thank you for your email Sorry for the late response
I appreciate your concern over the potential impact of continuing to allow the keeping of chickens in the
City of Bremerton As you pointed out, the chicken licensing conditions include rules governing the
handling of feed and hen house construction After lengthy debate within the council, these anti- rodent
provisions were included in the chicken ordinance to provide guidance to chicken owners and allay the
fears of some
After nearly eighteen months, I'm pleased to report that of the nineteen chicken licensees, none have
been cited for violating any of the conditions set forth in the chicken ordinance Nine complaints related to
chickens have been received but not against any of the licensed chicken owners The complaints were
mainly related to chicken noise generated by a rooster owned by a resident who never got a license
Considering the track record of successful chicken ownership in Bremerton over the past year and a half,
I'm inclined to continue my support for this law giving citizens the right to keep an animal which provides
eggs, pest and weed control, fertilizer, and for some, companionship
Regards,
Roy Runyon
Councilman, District 4
City of Bremerton
360- 440 -0620
3/30/2012
Page 1 of 1
From Lori Smith on behalf of City Council
Sent Tuesday, March 27, 2012 10 36 AM
To City Council
Subject Citizen Suggestions - Chicken Ordnance Changes (Rhoda Gates)
A message was left for Faye on the Council Office machine from Rhoda Gates who resides on
Pennsylvania, north of 15 Street
Ms Gates expressed her support for the proposed changes to the current chicken ordinance, which she
stated is "too oppressive ", specifically mentioning that residents should be able to own up to 8 chickens,
and that the license fee should only be charged the first year
She also mentioned that there are several benefits to owning chickens including the availability of fresh
eggs and fertilizer
I notified Ms Gates that her message was received, and that I would forward it to all of the Council
Members for their consideration
[Submitted on behalf of]
Rhoda Gates
(360) 373 -7801
3/27/2012
Page 1 of 2
From Tamara Smith [eclectica1958 @gmail com]
Sent Friday, April 06, 2012 9 48 AM
To Adam Brockus
Cc City Council
Subject Citizen rational for changes in the current hen ordinance
Dear Councilman Brockus
We have been asked by some Council Members to provide rationale for the changes we are
seeking Our understanding of including the sunset clause was to give the Council and citizens a
chance to review the hen ordinance at the end of the test period, in order to see what was
working well, to make it simpler and less burdensome to hen owners, and to make it closer to the
Seattle ordinance that was recently revised after several years of successful "chicken adoption"
After several requests to the K tsap Humane Society and to City Council members, the verbal
testimony that we have obtained (no one seems to be able to provide any written evidence) there
have been few complaints about chickens One individual in downtown Bremerton who keeps
multiple roosters, which were illegal prior to the hen ordinance and remain illegal, seems to be
responsible for a majority of the complaints Apparently there have been no complaints against
licensed hen owners
A brief summary of our rationale for requesting changes to the ordinance is as follows
Item I We have asked that the number of hens be increased to 8 This follows Seattle's
example, and allows for overlapping flocks when older hens are replaced with chicks to keep egg
production going It also gives leeway when introducing new hens to an existing flock that has
had loss from death or predation (It is much easier to safely introduce 2 -3 hens than I to an
existing flock )
Items 2 and 3 concern setbacks and placement of chickens on lot There seems to be no real
evidence for requiring citizens to keep chicken housing 5 feet away from existing structures in
their yards Adding a coop to a garden shed or a garage is very logical, and cost saving
Setbacks from neighboring property should be 5 feet instead of 10 Many houses in Bremerton
have very small back yards, but very large side yards which could easily house chickens
Item 4 Raising backyard hens is an investment, and people who choose to do it are interested in
protecting their investment Allowing hens in a larger fenced area of the yard should be at
homeowners discretion
4/6/2012
Page 2 of 2
Item 5 If a person owns a vacant lot next to their home, or has permission from the landowner this
space could easily be used for chicken housing and run
Item 6 With the current state of the Kitsap Humane Society, enforcement of licensing seems
improbable, and with the small numbers of hen owners, annual licensing costs probably outweigh annual
fees As an alternative, a one time license (as is now the rule for senior citizens) would provide a record
of chicken owners without burdening either citizens or the KHS
Item 7 I am sure all of us who have been dealing with this issue for some years now would like it to be
over Those of us who keep chickens have campaigned for changes to Bremerton's animal ordinance
because we want to be within Bremerton law Without the changes many of us we will continue to
remain outside the ordinance, and will therefore continue to ask for changes on a regular basis If issues
come up in later years, the City Council can make the hen ordinance more restrictive
Respectfully,
Tamara M Smith
4/6/2012
9A
10- Minute Executive Session - "Potential Liftiation" RCW 42.30. 110 (1)(0
Move to approve authorize the Risk Management Specialist to
expend up to $125,000 as payment for clean -up and settlement with
the property owner at 2416 Anderson Hill Road, Port Orchard, WA
related to a water -main break on November 30, 2011.