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HomeMy WebLinkAbout06/16/2014 AGENDA i F tip P ryi Y p CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 MONDAY, JUNE 16, 2014 CITY COUNCIL "SPECIAL 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. BPD BRIEFING — City of Bremerton Police Chief Steve Strachan 5. PUBLIC RECOGNITION 6. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting — June 4, 2014 C. Minutes of Study Session — June 11, 2014 D. Confirm Appointment of Chasaba Constable to the Lodging Tax Advisory Committee E. Confirm Appointment of Bill Benson to the Public Services. Committee of the Community Development Block Grant/HOME Grant Recommendation Committee F. Reclassification of "Application Support Analyst" to "GIS /Application Support Specialist ", and Wage Grade Adjustment from 15 to 17 on Appendix A of the Collective Bargaining Agreement G. Interlocal Agreement with Chelan County for Incarceration of City Prisoners in the Chelan County Regional Justice Center H. Contract Award to Western Industrial, Inc. for the Interior Coating Replacement of Reservoirs 19 and 20 I. Approve replacement of one FTE WWTP Industrial Maintenance Mechanic and two (.42) FTE part-time Seasonal Laborer II positions, with two FTE Laborer - Utilities positions J. Approve two Temporary Part -Time (.19) FTE Laborer positions for the Forestry Division 7. PUBLIC HEARING A. Public Hearing on the Police Department's Local Solicitation of the Edward Byrne Memorial Justice Assistance Grant (JAG) Application 8. GENERAL BUSINESS A. Ordinance No. 5250 to amend Title 15 of the Bremerton Municipal Code (BMC) entitled "Municipal Utilities" 9. COUNCIL MEMBER REPORTS 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473 -5323 at least 24 hours prior to the Meeting. t �t I 0 '''o 00 ' Mayor Patty Lent mpyor�in lire on wd us Proclamation �34'S: 6th Street,.5uite 600 �:B mertoriA:98337.1 +873 WHEREAS, Amateur Radio operators are celebrating over a century of the miracle of the human voice broadcast over the airwaves; and WHEREAS, Amateur Radio has continued to provide a bridge between peoples, societies and countries by creating friendships and the sharing of ideas; and WHEREAS, Amateur Radio Operators have also provided countless hours of community services both in emergencies and to other local organizations throughout these decades; and WHEREAS, these Amateur Radio's services are provided wholly uncompensated; and WHEREAS, Amateur Radio's people also provide support to many Emergency Response organizations including Kitsap County Department of Emergency Management and to those who serve as weather spotters in the SKYWARN program National Weather Service; and WHEREAS, these same individuals have further demonstrated their value in public assistance by providing free radio communications for local parades, bike -a- thons, walk -a- thons, fairs, and other charitable public events; and WHEREAS, the City of Bremerton recognizes and appreciates the diligence of these "hams "; and WHEREAS, the AARL is the leading organization for Amateur Radio in the USA; and WHEREAS, the ARRL Amateur Radio Field Day exercise will take place on June 28 -29, 2014 and is a 24 Hour emergency preparedness exercise and demonstration of the Radio Amateurs' skills and readiness to provide self - supporting communications without further infrastructure being required; NOW, THEREFORE, I, Patty Lent, Mayor of the City of Bremerton, do hereby proclaim June 23 -29, 2014 as Amateur Radio Week in Bremerton. Signed this, Is' day of June 2014 Mayor y Lent 1 Having trouble viewing this email ? Click her • • • ' 0 LICE DEPARTMENT • • • 1 90 1 1901 Chief Strachan's Weekly Update June 16, 2014 Not sure if it's the weather, the moon, or what. In any case, last week was busy and we Contact had a lot of unusual incidents. In just over two hours, between 6:OOPM and 8:OOPM one day last week, we had three separate suicide attempts, all with knives. At one point we t had officers on the three separate calls and all three persons were taken to the hospital. 4 In two of the cases, someone in the house had taken the knives away from the person before we got there. As we have mentioned too many times before, every department in the region is seeing more and more mental health issues and they are becoming the most prevalent and riskiest calls we take. One night last week, Officer Jason Vertefeuille responded to assist a healthcare facility to pick up a patient that was "off her meds" and had been throwing items around the house. When he got there, Jason learned that she was "also apparently V Follow aBremertmPD pregnant with Michael Jackson's baby." Officer Vertefeuille convinced her that she and Michael's unborn child should get a checkup and she willingly accompanied him to the Chief Steven Strachan hospital. In a much more serious call later that same night, a man who had sought help (360) 473 -5224 for mental illness, and been released, stabbed a person at a local store, apparently to About I e-mail force placement in a mental health facility. Fortunately, the wound was not serious. Click Captain Tom Wolfe here to view the story on KIRO 7 or click here to view the column we submitted to the About I e-mail Kitsap Sun last week. Lieutenant Pete Fisher Not to be too pessimistic, but the legislature is currently devoting most of their attention to About I e -mail education funding, in response to the Supreme Court order to increase that funding. This Captain Jim Burchett will likely put any significant improvements from the State to the mental health system on About I e-mail hold, or even cause reductions. The improvements funded by the Kitsap County Mental Lieutenant Luis Olan Health sales tax increase can't come soon enough. About I e -mail Here are a couple of good examples of tenacious work last week. Wednesday night, BPD on BKAT Officers Jeff Inklebarger and Mike Nelson tracked down a person with a felony arrest warrant. When they attempted to contact him in his backyard, he ran away on foot. His BPD Video Updates now attempt to hurdle the blackberry covered fence failed miserably as his pant leg got available on BKAT! Click snagged on the thorns as he crossed over the top. He came down face first on the other here to watch the latest. side of the fence. He still resisted but was subsequently taken into custody. He had to go first to the hospital for a medical checkup for his bloody nose and then on to the jail. Online Reporting Also last week, Officers Steven Forbragd, Mike Nelson, and Beau Ayers were Drug rips investigating a violation of a "No Contact" order issued by the court involving a Domestic Violence case. The female and male were both very uncooperative, but officers were Report an Issue sure the man was in the residence, in violation of the Judge's order. Through extra investigation and diligent work, they developed enough information to get a search Traffic Tips warrant from a Judge and entered the house, where the surprised and angry man, who apparently thought the officers would give up and go away, was found. He went to jail on Headquarters $20,000 bail. 1025 Burwell Street Our School Resource Officer, John Bogen, along with the Kitsap Substance Abuse Bremerton, WA 98337 Coalition, helped to coordinate a series of compliance checks this week to ensure that (36 memo 20 p p www.ci.bremerton.wa.us retailers were not selling alcohol or tobacco to minors. The good news is that we had a very high compliance rate, and the rate of retailers who refused to sell without a valid ID BPD Staff Directory was higher than it has been in the past. Click here to view the press release. OFFICERS http: / /campaign.r20. constantcontact.com /render ?ca =fl 79dde2- e807- 49ce- b7a2- bae59d168... 6/16/2014 Last Saturday, Officers from our department along with Seattle PD Officers and area kids Beau Ayers basketball at the Bremerton High School Gym as art of our continuing effort to Spencer ogee en played 9 Y P 9 John Bogen have more positive interactions with young people in our community. Below is a photo. Dana Clevenger Joeseph Corey Kenny Davis Michael Davis Robert Davis Cory Ditmer - Trevor Donnelly Jordan Ejde Aaron Elton SE I Christopher Faidley Steven Forbragd Martin Garland Timothy Garrity Crystal Gray Lawrence Green Brandon Greenhill Bryan Hall °K Rodney Harker Ryan Heffernan .- Russell Holt - David Hughes ✓'� Jeffrey Inklebarger Floyd May Kent Mayfield Kelly Meade Jonathan Meador James Miller . Michael Nelson Steven Polonsky William Prouse Rodney Rauback -= Johnny Rivera - Dahle Roessel Donnell Rogers Keith Sargent Frank Shaw We have been talking a lot about our "Frequent Flyer" program and the "High Five" list of Matthew Strombach those with warrants who receive special attention from officers. This week our City Jacob Switzer Matthew Thuring Prosecutor let us know that they had a man come into the Court last week, saying he was John VanSantford on the list "and he wanted to get off." That's a good sign. Jason Vertefeuille Harold Whatley year on Jul 4th we will have Officers and Firefighters teaming PROFESSIONAL STAFF Just a reminder that this Y Y 9 9 David Boynton up to do extra patrol, and we will provide extra follow up to chronic fireworks offenders if Rena Brown callers can give us a specific address. Also, remember that the legal time period to use Barbara Forbes . Donna Goodwin fireworks in the City is between 11:OOAM to 11:OOPM on July 4th. This month, our "BPD Marie Hansen Update" program is about fireworks and features Fire Marshal Mike Six - click here to Dennis Hughes view. Elizabeth Lumsden Cathy Mattson Clinton Ratliff Steven D. Strachan, Chief of Police Elena Rinonos Marixa Scott Bremerton Police Department Joseph Sexton 1025 Burwell Street Debra Williams Bremerton, WA 98337 SERGEANTS Steven. Strachan(a�ci.bremerton.wa.us Kevin Crane Richard Cronk William Endicott 360 -473 -5224 Randy Plumb Randy Olson Fax: 360- 473 -5890 Billy Renfro Assistant: Barbara Forbes Mark Thompson Barbara. Forbes(cDci.bremerton.wa.us LIEUTENANTS Luis Olan Pete Fisher CAPTAINS James Burchett Tom Wolfe CHIEF Steven Strachan Forward email http: / /campaign.r2O. constantcontact.com /render ?ca =fl 79dde2= e807- 49ce- b7a2- bae59dl68... 6/16/2014 loy / �. OF � fc BREM ERTON POLICE DEPARTMENT _ 1025 Burwell Street . Bremerton, Washington 98337. (360) 473 -5231 I ! FOR IMMEDIATE. RELEASE June 10; 2014 8 EME R pOLIC91 we Bremerton Alcohol and Tobacco Compliance Checks Show. That Most Businesses are Checking IDs The Bremerton Substance Abuse Prevention Coalition, a Kitsap County program in partnership with Bremerton Police Department and the Washington State Liquor Control Board, conducted Retailer Compliance Checks within the City of Bremerton on Friday, June 6 These types of ccompliance checks are proven tools to reduce the sale of alcohol and tobacco to minors. The WSLCB and local authorities, including Bremerton P.D., regularly conduct compliance checks of area businesses licensed to sell alcohol and tobacco. These businesses include restaurants, grocery stores, liquor stores, neighborhood markets, taverns, wine bars and sports /entertainment facilities. Investigative aides from Emmanuel Apostolic Church, Living Life Leadership youth program in Bremerton assisted officers with the compliance checks. Investigative Aides must either present their true identification or none at all if asked by a clerk. No false identification or false statements are made; the main purpose is to ensure that the retailer ask for ID and check the ID. Twenty -two alcohol retailer compliance checks were performed, and nineteen retailers refused to sell to the minors. Nine tobacco retailer compliance checks were performed, and all nine of the retailers refused to sell to the minors. Liquor enforcement officers are empowered to issue Administrative Violation Notices to businesses that fail compliance checks. Fines or temporary license suspensions may be issued depending on the severity of the infraction or the frequency with which a business has been cited. Future compliance checks will be conducted and further violations will result in more severe penalties. The three businesses which failed the alcohol compliance checks were: AM/PM, 2101 6` Street R &H Market, 3710 Kitsap Way . 7/11, 3500 Wheaton Way BREMERTON CITY COUNCIL. MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT YOU WISH YOUR NAME TO BE INCLUDED IN THE RECORD J i 4 REQUESTS FOR.INFORMATION MUST BE SUBMITTED.IN WRITING TO THE CLERK, THANK YOU AGENDA BILL 4A CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims &.Check Register Study Session Date: N/A COUNCIL MEETING Date: June 16, 2014 Department: Financial Services Presenter: Shannon Conn Phone: 473 -5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check #'s 358571 through 358680 and EFT's 13899 through 13923 in the amount of $2,375,401.16. ATTACHMENTS: None FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ® No Presentation ❑ Full Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 I AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting - Study Session Date: N/A June 4, 2014 COUNCIL MEETING Date: June 16, 2014 Department: City Council Presenter: Council President Phone: (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting on June 4, 2014. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, June 4, 2014 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, June 4, 2014, at 5:00 PM in Council Conference Room 603 of the NOW DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, with Council President Greg Wheeler presiding. Council Members 'present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Legislative Assistant Lori Smith; and Kevin Matthew, Information Services Manager. 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 Mike Sullivan followed by the invocation provided by Pastor Mark Adrian of Community of Christ at Memorial Lutheran Church. MAYOR'S REPORT — Mayor Patty Lent... • Reported that the value of the City was increased by $2.7 million; • Announced that there will be a Public Works Public Meeting on June 12 at 5:30 PM in the Meeting Chambers to present different ideas for improvements along Washington Avenue; • Proclaimed June 17, 2014 as "Soroptomist Recognition Day'; which was accepted by Soroptomist President Pat Degracia who invited the Council to attend a Soroptomist Celebration on June 17 at 5:30 PM in the Marine View Room at the Kitsap Conference Center; • Announced there will be free Yard Waste Round -Up for all Kitsap County Residents on Saturday, June 7 from 8:00 AM to 3:30 PM at Olympic Organics at 7890 NE Ecology Road in Kingston; • Announced that new street vendor Big Daddy's BBQ Inc. will be hosting "The Great Take Over" on Monday, June 9 from 11:00 AM to 4:00 PM at the PSNS Main Gate; • Announced that the Bremerton Marina will be hosting events in conjunction with National Marina Day & Rendezvous on Friday, June 13 & Saturday, June 14; • Brought forward Sheila Collins who announced that there will be a free "Welcome to Medicare" Class on Wednesday, June 18 at 7:00 PM in ,the Orchid Room at Harrison Medical Center located at 1780 Myhre Road in Silverdale; • Proclaimed June 21, 2014 as "12 Annual Recognition of 149 Years of Freedom from Slavery', and announced that the 12 Annual Juneteenth Celebration will be held on Saturday, June 21 from Noon to 6:00 PM at Evergreen Rotary Park; • Brought forward Police Chief Strachan to discuss that passing is not allowed following use of the roundabout at the end of the Manette Bridge; • Commended Community Development Director Andrea Spencer, DCD Staff, and City Engineer Tom Knuckey for receiving the "Vision 2040" Award received from the Puget Sound Regional Council at the PSRC General Assembly Dinner; • Displayed a photo of the finished 4th Street improvements (which did not receive an award); • Enjoyed attending the West Hills STEM Academy along with Council Member Mike Sullivan and seeing the projects in action during the Td Annual Underwater Vehicle Competition at Olympic High School on May 31; and • Displayed a photo of Tokitae, the new Washington State Ferry, which will be hosting an Open House on June 8; and encouraged support for Enetai to be considered for the next ferry's name. PUBLIC RECOGNITION Bob Dollar invited the community to attend the Red Cross Experience on Friday, June 6 from 4:00 to 7:00 PM in their new location on Pacific Avenue. City Council Reg. Mtg. Minutes Wednesday, June 4, 2014 Page 2 of 4 Vern LaPrath reiterated a request for speed bumps on Hanford Avenue as a safety measure. Mike Walton Marketing Director of the Bremerton Family YMCA, announced that the Glenn Jarstad Aquatic Center will be closed for maintenance, and brochures on summer camps are now available. Ben Downs agreed with the request by Mr. LaPrath to install speed humps on Hanford Avenue to discourage vehicles from exceeding the speed limit through the neighborhood. President Wheeler suggested that Mr. Downs leave his e-mail address to allow the City to contact him when meetings on the Comprehensive Plan are scheduled. Nathan Read also expressed concern about speeding vehicles on Hanford, and vehicles that cut across lots to avoid traffic signals. Taylor Niemv urged the City to ban the use of neonicotinoid pesticides and to use natural alternatives. Scott Rainey Exalted Ruler of Bremerton BPO Elks Lodge #1181, invited the community to a benefit concert by the Bremerton High School jazz choir to benefit the music program on Friday, June 6 and to call (360) 479 -1181 to purchase tickets; and the public is invited to attend Elks Flag Day on Thursday, June 12 with guest speaker Mayor Patty Lent. Dino Davis Public Works Chair stated that the issue of funding 3 speed bumps was discussed, and although there was no funding for 2014, they would discuss providing funds in 2015. CONSENT AGENDA 5A— Claims & Check Register: Check Numbers 358434 through 358570, and EFT -13863 through 1.3898 EFT- in the amount of $1,476,074.47; Regular Payroll for the pay period ending May 31, 2014 in the amount of $699,559.85; and Retiree Payroll for the pay period ending May 31, 2014 in the amount of $54,067.13 513 — Minutes of Meeting — May 21, 2014 5C — Minutes of Study Session — May 28, 2014 5D— Appointment of Deborah Housen to the Lodging Tax Advisory Committee 5E — Appointment of George Willock to the Lodging Tax Advisory Committee 5F — Renewal of Shelter Plus Care Agency Service Agreement with Agape Unlimited 5G — Professional Services Agreement with L2Systems, LLC for the Water Supervisory Control and Data Acquisition (SCADA) System Upgrade . 5H— Purchase for replacement of one 2014 Ford Escape with 4 -Wheel Drive for the Water and Utility Department from Columbia Ford of Longview, WA 51— Amended Interlocal Agreement between the City of Bremerton and the Bremerton Transportation Benefit District (TBD) 5J — Amendment No. 5 to the Real Estate Purchase and Sale Agreement with Lorax Ventures, LLC for residential airspace on property commonly known as Park Avenue Plaza 5K— Approve Public Pedestrian and Vehicular Ingress /Egress Easements granted to the City of Bremerton by Camits, LLC and United Way of Kitsap County There were no questions or comments from the public City Council Reg. Mtg. Minutes Wednesday, June 4, 2014 Page 3 of 4 06:14:35 Motion was made by Runyon and seconded by Daugs... Mayor Lent introduced Ms. Housen and Mr. Willock Ms. Daugs and Mr. Davis thanked them for their service to the City... 06:17:38 M /S /C /U (Runyon /Daugs) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A— GRANTING AIR RIGHTS EASEMENTS BY THE CITY OF BREMERTON TO 606 LORAX LLC FOR THE AIRSPACE ABOVE BURWELL STREET AND THE 4 STREET ALLEY FOR A FUTURE APARTMENT PROJECT City Attorney Roger Lubovich explained that 606 Lorax, LLC will begin construction on the apartment project in the near future. Use of the airspace above Burwell Street and the 4th Street alley is required by 606 Lorax, LLC for construction, operation, ownership, and maintenance of the project. The proposed Air Rights Easements grants 606 Lorax, LLC use of certain air space for balconies and related structures. There were no comments from the public... 06:22:20 Motion was made by Sullivan and seconded by' Runyon... Questions and comments were provided by Runyon; with responses provided by Mr. Lubovich and Director of Community Development Andrea Spencer 06:25:55 M /S /C /U (Sullivan /Runyon) Move to approve the Air Rights Easements granted to 606 Lorax, LLC; and authorize the Mayor to finalize and execute the easements with substantially the same terms and conditions as presented. The granting of these easements is conditioned up 606 Lorax, LLC closing on the purchase of the pad and building permit for the proposed project, permit number BB1140025, is ready to issue. COUNCIL MEMBER REPORTS Mike Sullivan enjoyed attending an hour of the West Hills STEM Academy along with Mayor Patty Lent and seeing the projects in action during the Underwater Vehicle Competition at Olympic High School on May 31; and announced the next Clean -Up of Lions Park will be on June 28 at 10:00 AM. Leslie Daugs thanked the staff at Mountain View Middle School for inviting her and fellow Council Members Greg Wheeler and Dino Davis as part of "Career Day'. Jerry McDonald announced that the Red Cross will be hosting an Open House this Friday from 4:00 to 7:00 PM at 811 Pacific Avenue and Art Walks in Downtown and Manette will be held from 5:00 to 8:00 PM; and that the Tacoma News Tribune will be advertising the Amy Burnette Gallery; announced two new restaurants The Horse & Cow (on 4 Street) and a BBQ restaurant (former Park Avenue Diner) will be opening soon; also recommended viewing the article on the Poulsbo tour consortium, which Bremerton should also consider; and announced that a District 3 Meeting is scheduled on Monday, June 23 at 6:30 at the Bremerton Senior Center "What's Happening in the Neighborhood" with Community Resource Officer Joseph Sexton and Fire Chief Al Duke. Dino Davis also enjoyed participating in "Career Day" with the students at Mountain View Middle School; announced the Blue Jackets Baseball team will be starting their season on June 6; and encouraged residents to go to Facebook to keep current on events happening at Forest Ridge Park. Roy Runyon reiterated information on the "Getting Ready for Medicare" event on Wednesday, June 18; and noted that today is the 70 Anniversary of the landing of troops at Normandy and the Japanese were defeated by the Navy. City Council Reg. Mtg. Minutes Wednesday, June 4, 2014 Page 4 of 4 Greq Wheeler also attended Career Day and was a guest speaker at an East Bremerton Rotary Luncheon; and thanked Mayor Lent and Department Directors Chal Martin, Andrea Spencer, and Wyn Birkenthal for providing information on City projects for his use during his presentation for the Rotary. President Wheeler announced that the Council will meet for a Special Meeting on Monday, June 16, and the meeting on Wednesday, June 18 would be cancelled. With no further business, President Wheeler adjourned the Council Meeting at 6:35 PM. Pre red ancSubmitted b LORI SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL eeeeeeeeeoeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee ■eeeeeeeeeeeeeeeee SUBJECT: Minutes of Study Session - Study Session Date: N/A June 11, 2014 COUNCIL MEETING Date: June 16, 2014 Department: City Council Presenter: Council President Phone: (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Study Session on June 11, 2014. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: Fx1 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, June 11, 2014 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, June 11, 2014, at 5:00 PM, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan: Lori Smith, Legislative Assistant, was present to provide staff support. President Wheeler emphasized that the Study Session was open to the public but there would be no opportunities for input or participation; no action was anticipated; and announced that approved items by Council will be placed on the June 16, 2014 Council Special Meeting Agenda; or as indicated. A. NO PRESENTATION PLANNED — The following items are budgeted items or have been reviewed by the appropriate Council Committee... 1. [Seeking] Appointment for Lodging Tax Advisory Committee (Collector of Funds) (Consent Agenda) 2. Confirm Appointment of Bill Benson to the Public Services Committee of the Community Development Block Grant/HOME Grant Recommendation Committee (Consent Agenda) 3. Proposed public hearing for Police Department's Local Solicitation of the Edward Byrne Memorial Justice Assistance Grant (JAG) Application (Public Hearing) 4. Reclassification of "Application Support Analyst" to "GIS /Application Support Specialist", and Wage Grade Adjustment from 15 to 17 on Appendix A of the Collective Bargaining Agreement (Consent Agenda) 5. Interlocal Agreement with Chelan County for Incarceration of City Prisoners in the Chelan County Regional Justice Center (Consent Agenda) 6. Contract Award to Western Industrial, Inc. for the Interior Coating Replacement of Reservoirs 19 and 20 (Consent Agenda) 7. Approve replacement of one FTE WWTP Industrial Maintenance Mechanic and two (.42) FTE part-time Seasonal Laborer II positions, with two FTE Laborer- Utilities positions (Consent Agenda) B. BRIEFINGS & FULL PRESENTATIONS 8. Approve two Temporary Part-Time (.19) FTE Laborer positions for the Forestry Division (Consent Agenda) 9. Ordinance to amend Title 15 of the Bremerton Municipal Code (BMC) entitled "Municipal Utilities" (General Business) City Council Study Session Minutes Wednesday, June 11, 2014 Page 2of2 C. GENERAL COUNCIL BUSINESS • Public Works Committee Briefing (6103114 Meeting) — Dino Davis, Chair Chal Martin, Public Works Director distributed a memo dated June 9, 2014 on the "Lower Wheaton Way — Cost Saving Modifications for the Street Fund' • Public Safety and Parks Committee Briefing (6111114 Meeting) — Leslie Daugs, Chair • Other General Council Business was discussed. With no further business, President Wheeler adjourned the Council Study Session at 6:50 PM. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg I AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirmation of Appointment of Study Session Date: June 11, 2014 Chasaba Constable to the Lodging Tax COUNCIL MEETING Date: June 16, 2014 Advisory Committee Department: Executive Presenter: Mayor Lent Phone: (360) 473 -5266 SUMMARY: RCW 67.28 requires at least two representatives from organizations that collect the hotel -motel tax to serve on the Lodging Tax Advisory Committee. Chasaba Constable, General Manager for the Oyster Bay Inn has been selected to serve on the Lodging Tax Advisory Committee (LTAC). Ms. Constable will serve a three -year term that ends June 14, 2017. ATTACHMENTS: Application available in the Mayor's Office FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Chasaba Constable to the Lodging Tax Advisory Committee with a term that will end June 14, 2017. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 AGENDA BILL CITY OF BREMERTON CITY COUNCIL eeeeeeaeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: Confirmation of the Appointment Study Session Date: June 11, 2014 of Bill Benson to the Public Services COUNCIL MEETING Date: June 16, 2014 Committee of the CDBG /HOME Grant Department: Mayor Recommendation Committee Presenter: Patty Lent Phone: 473 -5266 SUMMARY: There is a vacancy on the CDBG /Home Grant Recommendation Committee. The Mayor has selected Bill Benson to be appointed to the Public Services Committee. ATTACHMENTS: The application for committee appointment is available in the Mayor's Office. FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Bill Benson to the Public Services Committee of the CDBG /HOME Grant Recommendation Committee. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 AGENDA BILL (o F CITY OF BREMERTON CITY COUNCIL SUBJECT: Reclassification of "Application Study Session Date: June 11, 2014 Support Analyst' to "GIS /Application Support COUNCIL MEETING Date: June 16, 2014 Specialist' and Wage Grade Adjustment Department: Human Resources from 15 to 17 Presenter: Charlotte Belmore Phone: 360 - 473 -5926 SUMMARY: The Human Resources Department has completed a desk audit on the Application Support Analyst position (Information Services) and is recommending that the Wage Grade be increased from 15 to 17 and that the position be reclassified from an Application Support Analyst to a GIS /Application Support Specialist. The position is currently 9.72% below the average at the top step base wage rate. If placed at Wage Grade 16 the position would be 4.7% below the average and at Wage Grade 17 the position would be 0.86% above the average. In 2009 the position absorbed responsibility for overall technical project management of the City -wide Geographic Information System after the Engineering Technician Senior position was eliminated from the budget. ATTACHMENTS: 1) Application Support Analyst Desk Audit Summary 2)GIS Application Support Analyst Job Description 3) Appendix A (Wage Schedule) FISCAL IMPACTS (Include Budgeted Amount): Annual cost for this Wage Grade increase is $4,914. The increase is fully funded in the 2014 budget. STUDY SESSION AGENDA: Z No Presentation ❑ Full Presentation STUDY SESSION ACTION: © Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the reclassification from Application Support Analyst to GIS /Application Support Specialist and the Wage Grade adjustment from 15 to 17. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 DESK AUDIT APPLICATION SUPPORT ANALYST Audit Summary At the request of the Information Services Manager, the Human Resources Department has conducted a desk audit on the Application Support Analyst position, which is included in the Teamsters Bargaining Unit. The department requested the audit because the duties and responsibilities for the position have changed significantly. The desk audit included the following: • Completion of an updated /revised job description. • The updated job description was reviewed and compared to the City's list of comparable cities. Of the eleven comparable cities only three had good matches. • The results were reviewed for internal equity. Recommendation Based on the results of the audit, the average salary for the Application Support Analyst is 9.72% below the average at the top step base wage and 6.11 % below the average at twenty (20) years of service. It is recommended that the position of Application Support Analyst be reclassified to a GIS /Application Support Specialist and upgraded from Wage Grade 15 to Wage Grade 17. This increase would put the position at .086% above the average at the top step base wage. Budget There are sufficient funds in the 2014 Budget to upgrade this position. Union These changes will need to be negotiated with the Teamsters Union. i City of Bremerton Draft Classification Specification October 2013 GIS /Application Support Specialist GENERAL PURPOSE Under general direction of the Information Systems Manager responsible for overall technical project management of the City -wide geographic information system. This includes numerous work elements involving management of corporate GIS data assets, developing and maintaining business application interfaces, integrating related technologies (i.e. Internet) and providing GIS end user support. Formulates and designs new or revised methods of applying computer technology toward the solution of operational problems. Provides support to departments for the installation, adaptation training and use of third party application software. Enhances existing software beyond the provisions of the software vendor or creates new software to meet departmental needs. REPRESENTATIVE ESSENTIAL DUTIES and RESPONSIBILITIES (Note — this list is intended only to illustrate the various types of work that may be performed. The omission of specific statements does not exclude them from the position.) • Coordinates development of component layers and structure of spatial data. • Coordinates plans to acquire, exchange, share, and integrate digital data. • Coordinates the continuous development, operation, and maintenance of the GIS, including components of the system database, system hardware and software, and system design. • Serves as subject matter expert on GIS. • Assures effective communication of GIS system issues; analyzes problems and recommends solutions to meet standards and guidelines. • Prepares special and recurring reports and proposals for work projects; contracts and GIS development plans. • Supports departments in the acquisition and implementation of Microsoft SQL based database applications and Web based applications. • Investigates, analyzes and evaluates hardware and software of both existing and emerging systems and advises departments of alternatives within the confines of accepted City standards. • Diagnoses hardware failures and expeditiously makes repairs on -site where possible. • Evaluates departmental needs for new software and for changes to existing software. Effects those changes and additions using up to date programming techniques. OTHER DUTIES • Regular attendance is an essential requirement. • Performs related duties and/or responsibilities as assigned and/or required. KNOWLEDGE. SKILLS AND ABILITIES (Entry Requirements): Knowledge of: • Advanced knowledge of ESRI's core GIS software products including but not limited to ArcGIS desktop, ArcGIS Server, ArcSDE (SQL Server) and Image Server. Page 1 of 3 City of Bremerton Draft Classification Specification October 2013 GIS /Application Support Specialist • Advanced knowledge of the latest software programming languages including, but not limited to Javascript, PHP, VBA, Visual Basic, HTML5, Jason, etc.). • Design principles, implementation processes, and management practices needed to establish and maintain ArcGIS based geospatial databases. • The design and implementation of ArcGIS Server, Open Layers API, Google Maps API and other Web Mapping and Content Management Systems. • Cartography and map design using ESRI desktop and server software. • Knowledge of municipal government structure and departmental interaction and shared information requirements; ability to communicate effectively in oral and written form. Skills in: • In building custom spatial models by scripting using Python in a GIS environment. Ability to: • Get along well with other employees, outside agencies and the general public. • Work independently and continuously for long periods of time. • Cross compile applications onto various mobile platforms. • Perform complex mathematical functions relating to system design and maintenance. • Communicate effectively both orally and in writing. MINIMUM QUALIFICATIONS (Entry Requirements) Any combination of education and experience equivalent to a Bachelor's Degree in Computer Science or closely related field and four years of increasingly responsible GIS development/maintenance experience and application development /support experience. A solid understanding and experience with enterprise -level relational database design, management and maintenance, particularly as applied to geospatial data. A valid Washington State Driver's License is required. PHYSICAL DEMANDS/WORK ENVIRONMENT The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. The work environment characteristics described are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to sit and talk or hear, use hands to finger, handle, feel, or operate objects, tools, or controls, and reach with hands and arms. The employee is occasionally required to walk. The employee must occasionally lift and/or move up to 50 lbs. Specific vision abilities required by this job include close vision and the ability to adjust focus. The noise level in the work environment is usually quiet. WORKING CONDITIONS Various office and workshop settings. Some in air - conditioned office environment. Page 2 of 3 City of Bremerton Draft Classification Specification October 2013 GIS /Application Support Specialist LEGAL and REGULATORY EMPLOYMENT CONDITIONS Fair Labor Standards Act: The classification is non - exempt under the laws of Fair Labor Standards Act minimum wage and overtime provisions. Representation: The classification is included in the bargaining unit pursuant to the Recognition Article of the current labor agreement between the City of Bremerton and the Teamsters Local 589. Civil Service: The classification is excluded from the City's Civil Service System. Appointment and Removal Authority: The position is filled by appointment by the Department Head. Removal is by action of the Department Head in conformance with Human Resources Policies. This classification specification does not constitute an employment agreement between the City and employee. It is subject to change by the City, with the approval of Human Resources, as the needs of the City and requirements change. Page 3 of 3 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND GENERAL TEAMSTERS LOCAL UNION NO. 589 {.... Ti January 1, 2014 through December 31, 2015 APPENDIX A TEAMSTERS 2014 EFFECTIVE JANUARY 1, 2014 1.5% General Wage Adjustment 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Abs. _ Hours Worked Per Year. 208_8_ _ __ � r - 2-ft - C. - � - 8 - � Gra 14 _An _!_ 56,8771 58,36 B ! 60,009 , 61,721 _ 63,329 ' 65083 66 ,983 ;Bulld �a_Dav_ elo�meM__ia lls t fl Monthly i - 4,7 4,863 ; 5,001 5_143 I 5,27 75,424 5,582 J -1Commun . Resource Specialist m - Mo rrthl ,32 70 2,432 J 2,501 2,71 T 2,572 T- 2,639 2 2,791 Li hLe I echnician Senior _ -- T_- -- -__ - Hou 27. 27.95 2 8.74 _ 29.5 30 , 31. 17 3 2.081 :Planner l ' OT Hour r __4 1 __4 1. 9_3 43.11 44.34 45.50 ! 46.76 t 4 WWTP Oe - -- - - -- , :prator l - _.. _. _ - Ba - +1 %I 27.51 28.23 j - -'-'- _.._ .._ : 2 9.03 29_86: 30.63 1 31.48 1� 32.40 Base +296 27.78 1 28.51 29.31 J 30.15 ; 30.94 1 _ 31 .7 9 1 _ 3 .' Ba +3 % I 2_8 28.79 ; 29.60 ! 30. 45 31.24 , 32. ' - 33 .E - - - - -- - -- i -}-- - -- - __ t3ese+4% �' -- 28.33 1 2 9.07 , 29.89 I 30.74. 3 1. 5 4: 32.42 33.36 s 16 _ Annu 60 -1 009 - - 61,7 21 83 23 9 65,083 66,983 68 ,800 7 0,804 - > Pj ll" Sup port Analy - Month 5,001 5.1 431 5,277 5,424 _ 5,582 5,73 , 5,900 :Assistant Network A dm inis tretor Semi 2,5 01 2 2,639 2,712 2,791 L 2 2 Custom Service/ Te _ H.ou�y 28.74 ' 29.56 ' 30:33 ; 31.17 i 32._0 32 .95 •'. 33.91 Electronics Technician _ OT Hourl 43.11: 44.34 45.50 6 .76 _ _ 48. i 49.43 50i 87 En eineeringTec hnicia n IV j Base_ +1% _ _ 31 .4 2 i _2 30.6 :_ _8 3 c __ 3_2 E __ ; 34.25 ,Environmental T echnician - - -_.! Base +2% 2 9.31 ' 3015 30.94 - '_ 31.79 32.72 ; 33 ! 3 4.59 - -- - -- - -- -;- - - - - -;- -. J -�� _ -- =4 -- __� Journey Level Electrician iBase +3% 29.60 I 30.451 31.24 ' 32.11 33.04 33.94 34 .93 !Le Autom Equ Te ch. Y Base +4% 29.89 30.74 31.54 32.42 33.36 34.2 I 35 .27 1 � Fac ilities S ervice Specialist 1 - -- - , T echnician Lead PC Lead Util S ervice S c - -� Le ad d Water O �- -- - �- -+ -- ! - - ---- i - -i-- -J 'Parke Facilities Specialist - --- ---�- - E'arks Leaa.Serv�c peciaiisi__�. .. - .. _ _._._ �_. _... • -- -- - --- •t-- - - - -• -- � - - • -- - - _.._ ' -- - .__ ; _ . - - - --� I U W 611tles Ac counts Superv -- -� - _i -- - -- - - - I - ; - - - 1 - - -- WTP CMMS Tech iWWTP Ins & Co ntrol S oec. - -- --- Grade 16 Annual - '- - � 63,3291 65,083 6698 6 8,800 70,804: 72,850 74,8551 B uikiin Q &Developme�e l M Specialist III IMonthlY_ J - 5,277, 5,4241 5,582 ! - 5,7331 5,900 i 6,071 i 6,238~ Civil En Engineer 1 -i-- --- , .---- - - - -•! J � _ _.- -- -- -. -• -• Semi- Month�l r� 2 ,_63 9 ' 2,712 2,791 2,8671 2,950 3, - 0 3_6 i 3,119 C E nfo rce ment Office _ _ H ow 30.33 31 .17 , 32.08 32.95. 33.91 34.89 ; 35.85 Cros Connection Contr S _ i _....._ 4 • 34 53.7 _ - peelalist � 4 5.50 4 6.76 _48.12 49.43 __5 52. . 34 � f Planner 11 _ _._ _ lase + 1 % T 30.63 ! 3 1 .4 8 32.4 33.28 34. 35 24 36.2 ne _ - _ _ _ __ _- __IBase +2% 30�_ - 31 .79_ 32.7 33.61 34.59 35.59 36.57 I-- - -- �_.__ _ - - I Bas +3% ' 3 32.11 33.04 33.94 34.93 35. 94 - 36.93 ; Bas +4% 31.541 32.42 33.36 3 4.27 1 - 35.27 ! 36. 3 - 7 28� I Grade 17 Annual 1 66,983 i 68,800 70,804 1 72,8501 74,855 7 6,964 79,093 Accountant / Financial Ana t Month 5 582 5,733. 5 6 .071 6 i 6,414: 6,591 ` Auto Equipment Technician 8u vr. Semi- AAon 3,296 ' th 2,791 ' 2,867 ' 2 950 , _ 3,036 3,119. 3 207 , Electronics Supervisor - -T +Hourly 32.08 32.95 33.91 34.89 ; 35.85: 38.86 -- 37.88 i .F lnve 8u rvleor .. ........... .._.___..__ _ �L_ Pa_ .____ -- OT Hourly 4812 49 .43 5 0.87 5 2.3 4 53.78 55.29 ' 56. rNetwork Administrator + _ _ - - - - - - s _ __..__.._. -__ ___ S upe rvi sor Base „196 32.40 33.28 _3 4.25 35 3 3 7.23 3 8.26 Parirs _ Maintenan_c . Base +2 "� - i_ 32 .72 33.61 34 .59 3 36.5 _ 37.60 38.64 f _� _ _ _ I 1 SeweNStorm Collection Supervisor - jBase ±396,! 33.04 33.94_ _ 34.9 3 3 j_ 36 37.97 ,_ 3_9 Si }Ln Shop 8erv. 8nec. Supervisor - I Base +4% 33-36 34.27 ! 35.27 36.29 37.28 ' 38.33 39.40 !S Service Spec. Supervisor _ -r- -- -- Utilities Service �.Supervisor - _:..._..__._._..;.._..- .- ___.;. _.... -• - ____ -- - - -� -- ._ -i.._ -- - - �WaterDletrlbutionSupervisor - - -^ _ _ ^ -- --- - - - - _ - -_ -; - - +_- - - -'_ -- -� :Water Resources Operations 8upvr. -- IWWTPMaintenaneeSupervisor WWTP Operetions Su rvisor � -� -� -" �- AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Interlocal Agreement with Study Session Date: June 11, 2014 Chelan County for the housing of inmates in COUNCIL MEETING Date: June 16, 2014 the Chelan County Regional Justice Center Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473 -2345 SUMMARY: This Agreement is a contract for Incarceration of City Prisoners with Chelan County. ATTACHMENTS: Interlocal Agreement Between Chelan County and the City of Bremerton FISCAL IMPACTS (Include Budgeted Amount): The base daily rate per prisoner is $65.00. STUDY SESSION AGENDA: © No Presentation ❑ Full Presentation STUDY SESSION ACTION: Z Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement with Chelan County for the housing of inmates in the Chelan County Regional Justice Center and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 INTERLOCAL AGREEMENT BETWEEN CHELAN COUNTY, WASHINGTON AND THE CITY OF BREMERTON, WASHINGTON, FOR THE HOUSING OF INMATES IN THE CHELAN COUNTY REGIONAL JUSTICE CENTER THIS INTERLOCAL AGREEMENT is made and entered into on this day of , 20 by and between the City of Bremerton, Washington, a Washington municipality, hereinafter referred to as "The City ", and Chelan County, Washington, hereinafter referred to as "Chelan County ", each party having been duly organized and now existing under the laws of the State of Washington. WITNESSETH: WHEREAS, The Chelan County Regional Justice Center ( CCRJC) and The City are authorized by law to have charge and custody of the County Jail and the County prisoners or inmates, respectively; and WHEREAS, The City wishes to designate the CCRJC as a place of confinement for the incarceration of one or more inmates lawfully committed to its custody; and WHEREAS, Chelan County is desirous of accepting and keeping in their custody such inmate(s) in the CCRJC for a rate of compensation mutually agreed upon by the parties hereto; and WHEREAS, RCW 39.34.080 and other Washington law, as amended, authorizes any county to contract with any other county or city to perform any governmental service, activity or undertaking which each contracting county is authorized by law to perform; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law, as amended, NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties hereto agree as follows: 1. GOVERNING LAW The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to an inmate or inmates confined pursuant to this Agreement. 2. DURATION This Agreement shall enter into full force and effect from the date of execution to December 31, 2014, subject to earlier termination as provided by Section 3 herein. This Agreement shall be renewed automatically for one -year successive periods under such terms and conditions as the parties may determine. Nothing in this Agreement shall be construed to require The City to house inmates in Chelan County continuously. Interlocal Agreement Between Chelan County Page 1 of 9 and The City of Bremerton 3. TERMINATION (a) By either party This Agreement may be terminated by written notice from either party to the other party delivered by regular mail to the contact person identified herein, provided that termination shall become effective sixty (60) calendar days after receipt of such notice. Within said sixty (60) days, The City agrees to remove its inmate(s) from the CCRJC. (b By The City due to lack of funding The obligation of The City to pay Chelan County under the provision of this Agreement beyond the current fiscal year is expressly made contingent upon the appropriation, budgeting availability of sufficient funds by The City. In the event that such funds are not budgeted, appropriated or otherwise made available for the purpose of payment under this Agreement at any time after the current fiscal year, then The City shall have the option of terminating the Agreement upon written notice to Chelan County, except that all services provided to that point shall be compensated at the agreed rate. The termination of this Agreement for this reason will not cause any penalty to be charged to The City. (c) Termination for Breach In the event The City breaches or fails to perform or observe any of the terms or conditions herein, and fails to cure such breach or default within seven (7) days of Chelan County's giving The City written notice thereof, or, if not reasonably capable of being cured within such seven (7) days, within such other period of time as may be reasonable in the circumstances, Chelan County may terminate The City's rights under this Agreement in addition to and not in limitation of any other remedy of Chelan County at law or in equity, and the failure of Chelan County to exercise such right at any time shall not waive Chelan County's right to terminate for any future breach or default. (d) In the event of termination of this agreement for any reason, The City shall compensate Chelan County for prisoners housed by Chelan County after notice of such termination until The City retakes its inmates in the same manner and at the same rates as if this Agreement had not been terminated. 4. MAILING ADDRESSES All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: Chelan County: Chelan County Regional Justice Center 401 Washington St., Level 2 Wenatchee, WA 98801 Primary Contact Person: Curt Lutz, Director Secondary Contact: Ronda McCallister, Business Manager City of Bremerton: Bremerton Municipal Court 550 Park Avenue Bremerton, WA 98337 Primary Contact Person: Dave Boynton, EHM Coordinator Interlocal Agreement Between Chelan County Page 2 of 9 and The City of Bremerton Notices mailed shall be deemed given on the date mailed. The parties shall notify each other in writing of any change of address. 5. DEFINITIONS The parties hereby agree that the following terms shall have the specified meanings unless indicated otherwise herein: (a) Imo. One prisoner day shall be each day or portion thereof which a prisoner appears in custody on the jail management system. The count shall be conducted by the jail management system and each participating jurisdiction shall be charged for each prisoner who is detained in the Regional Justice Center on a charge and /or conviction from the participating jurisdiction. (b) Inmate Classifications shall be pursuant to the Chelan County Objective Jail Inmate Classification System which is modeled after the National Institute of Corrections Jail Classification System: (i) "Minimum" classification shall apply to those inmates who present a low risk to staff and the community. (ii) "Medium" classification shall apply to those inmates who present a moderate risk to staff and the community. (iii) "Maximum" classification shall apply to those inmates who present a substantial risk to staff and the community. 6. COMPENSATION (a) Rates Chelan County agrees to accept and house The City's inmates for compensation per inmate at the rate of $65.00 per day (also see #12 below). This includes minimum and medium classification inmates. The parties agree that Chelan County will not charge a separate booking fee in addition to such rate. The date of booking into the CCRJC of The City's inmates, no matter how little time of a twenty -four (24) hour day it constitutes, shall count as one day and shall be billed to The City as a day of custody in Chelan County. (b) Billing and Payment Chelan County agrees to provide The City with an itemized bill listing all names of inmates who are housed, the number of days housed (including the date and time of booking and date and time of release), and the dollar amount due for each. Chelan County agrees to provide said bill by the 10 of each month. The City agrees to make payment to Chelan County within 30 days of receipt of such bill for the amount billed for the previous calendar month. 7. RIGHT OF INSPECTION The City shall have the right to inspect, at all reasonable times, all Chelan County facilities in which inmates of The City are confined in order to determine if such jail maintains standards of confinement acceptable to The City and that such inmates therein are treated equally regardless of race, religion, color, creed or national origin; provided, however, that Chelan County shall be obligated to manage, maintain and operate its facilities consistent with all applicable federal, state and local laws and regulations. Interlocal Agreement Between Chelan County Page 3 of 9 and The City of Bremerton 8. FURLOUGHS, PASSES, AND WORK RELEASE Chelan County agrees that no early releases or alternatives to incarceration, including furloughs, passes, electronic home detention or work release shall be granted to any inmate housed pursuant to this Agreement without written authorization by the committing court. 9. INMATE ACCOUNTS Chelan County shall establish and maintain an account for each inmate received from The City and shall credit to such account all money which is received and shall make disbursements, debiting such accounts in accurate amounts for the inmate's personal needs. Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance. The Director of the CCRJC shall be accountable to The City for such inmate funds. At either the termination of this Agreement, the inmate's death, release from incarceration, or return to either The City or indefinite release to the court, the inmate's money shall be transferred to either the inmate's account in care of The City, at such time The City shall be accountable to the inmate for said fund, or to the inmate. 10. INMATE PROPERTY The City may transfer to Chelan County only limited amounts of personal property of the inmates' recovered from or surrendered by inmates to The City upon booking. Personal property in excess of one simple "grocery bag" shall at no time be transferred to Chelan County. 11. RESPONSIBILITY FOR OFFENDER'S CUSTODY It shall be the responsibility of Chelan County to confine the inmate or inmates; to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for the inmates' physical needs; to make available to them programs and /or treatment consistent with the individual needs; to retain them in said custody; to supervise them; to maintain proper discipline and control; to make certain that they receive no special privileges and that the sentence and orders of the committing court in the State are faithfully executed; provided that nothing herein contained shall be construed to require Chelan County, or any of its agents, to provide service, treatment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant to this Agreement. Nothing herein shall be construed as to require Chelan County to provide services, treatment, facilities or programs to The City inmates above, beyond or in addition to that required by applicable law. 12. MEDICAL SERVICES (a) Inmates shall receive such medical, psychiatric and dental treatment when emergent and necessary to safeguard their health while housed in the CCRJC. Chelan County shall provide or arrange for the providing of such medical, psychiatric and dental services. Except for routine minor medical services provided in the CCRJC, The City shall pay directly or reimburse Chelan County for any and all costs associated with the delivery of any emergency and /or major medical service provided to The City's inmates. The City shall be responsible for any and all medical, psychiatric and dental treatment provided outside of the CCRJC and shall be billed therefore. Examples of medical services which may be provided in the CCRJC but which are not routine, and for which The City shall be billed include, but are not necessarily limited to, HIV /AIDS treatment, chemotherapy, dialysis treatment, and hemophiliac treatment. No psychiatric or dental treatment can be provided in the CCRJC; all psychiatric and dental treatment of The City's inmates shall be billed to The City. Interlocal Agreement Between Chelan County Page 4 of 9 and The City of Bremerton (b) An adequate record of all such services shall be kept by Chelan County for The City's review at its request, to the extent consistent with confidentiality regulations. Any medical or dental services of major consequence shall be reported to The City as soon as time permits. (c) Should medical, psychiatric or dental services require transport outside CCRJC, The City agrees to compensate Chelan County dollar for dollar any amount expended or cost incurred in providing the same; provided that, except in emergencies, The City will be notified by contacting Dave Boynton at (360) 415 -5465 prior to the inmate's transport, if and when circumstances allow, or as soon afterward as practicable. 13. DISCIPLINE Chelan County shall have physical control over and power to execute disciplinary authority over all inmates of The City's. However, nothing contained herein shall be construed to authorize or permit the imposition of a type of discipline prohibited by applicable law. 14. RECORDS AND REPORTS (a) The City shall forward to Chelan County before or at the time of delivery of each inmate a copy of all inmate records pertaining to the inmate's present incarceration. If additional information is requested regarding a particular inmate, the parties shall mutually cooperate to provide any additional information in a timely manner. (b) Chelan County shall keep all necessary and pertinent records concerning such inmates in the manner mutually agreed upon by the parties hereto. During an inmate's confinement in Chelan County, The City shall upon request be entitled to receive and be furnished with copies of any report or records associated with said inmate(s) incarceration. 15. REMOVAL FROM THE JAIL An inmate of The City's legally confined in Chelan County shall not be removed there from by any person without written authorization from The City or by order of any court having jurisdiction. The City hereby designates Dave Boynton the official authorized to direct Chelan County to remove The City's inmates from the CCRJC. Chelan County agrees that no early releases or alternatives to incarceration including furloughs, passes, work release, work crews or electronic home detention shall be granted to any inmate without written authorization from the committing court. This paragraph shall not apply to an emergency necessitating the immediate removal of the inmate for medical, psychiatric, dental treatment or other catastrophic condition presenting an eminent danger to the safety of the inmate or to the inmates or personnel of Chelan County. In the event of any such emergency removal, Chelan County shall inform The City of the whereabouts of the inmate or inmates so removed, at the earliest practicable time, and shall exercise all reasonable care for the safe keeping and custody of such inmate or inmates. 16. ESCAPES In the event any The City inmate escapes from Chelan County's custody, Chelan County will use all reasonable means to recapture the inmate. The escape shall be reported immediately to The City. Chelan County shall have the primary responsibility for and authority to direct the pursuit and retaking of the inmate or inmates within its own territory. Any cost in connection therewith shall be chargeable to and borne by Chelan County; however, Chelan County shall not be required to expend unreasonable amounts to pursue and return inmates from other counties, states or countries. Interlocal Agreement Between Chelan County Page 5 of 9 and The City of Bremerton 17. DEATH OF AN INMATE (a) In the event of the death of a The City inmate, the Chelan County Coroner shall be notified. The City shall receive copies of any records made at or in connection with such notification. (b) Chelan County shall immediately notify The City of the death of a The City inmate, furnish information as requested, and follow the instructions of The City with regard to the disposition of the body. In the case of an unattended death, suspicious death, or criminal case, the Chelan County Coroner would have authority over the deceased and would coordinate with local law enforcement to finish the investigation prior to the release of the deceased inmate. The City hereby designates Dave Boynton the official authorized to request information from and provide instructions to Chelan County regarding deceased inmates. The body shall not be released except on written order of said appropriate official of The City. Written notice shall be provided within three (3) working days of receipt by The City of notice of such death. All expenses relative to any necessary preparation of the body and shipment charges shall be paid by The City. With The City's consent, Chelan County may arrange for burial and all matters related or incidental thereto, and all such expenses shall be paid by The City. The provisions of this paragraph shall govern only the relations between or among the parties hereto and shall not affect the liability of any relative or other persons for the disposition of the deceased or for any expenses connected therewith. (c) The City shall receive a certified copy of the death certificate for any of its inmates who dies while in Chelan County's custody. 18. RETAKING OF INMATES Upon request from Chelan County, The City shall, at its expense, retake any The City inmate within thirty -six (36) hours after receipt of such request. In the event the confinement of any The City inmate is terminated for any reason, The City shall, at its expense, retake such inmate at the CCRJC Facility. 19. HOLD HARMLESS AND INDEMNIFICATION Chelan County agrees to hold harmless, indemnify and defend The City, its officers, agents and employees, from and against any and all claims, losses, or liability, for injuries, sickness or death of persons, or damage to property, arising out of any willful misconduct or negligent act, error, or omission of Chelan County, its officers, agents, or employees, in connection with the services required by the Agreement, provided, however, that: (a) Chelan County's obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or negligence of The City, its officers, agents or employees or sub - consultants; and (b) Chelan County's obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Chelan County and The City or of Chelan County and a third party other than an officer, agent or employee of Chelan County, shall apply only to the extent of the negligence or willful misconduct of Chelan County. Interlocal Agreement Between Chelan County Page 6 of 9 and The City of Bremerton 20. RIGHT OF REFUSAL AND TRANSPORTATION (a) Chelan County shall have the right to refuse to accept any inmate from The City when, in the opinion of Chelan County, its inmate census is at capacity that there is a substantial risk that, through usual operation of the jail, the reasonable operational capacity limits of the jail might be reached or exceeded. (b) Chelan County shall further have the right to refuse to accept any inmate from The City who, in the judgment of Chelan County, has a current illness or injury which may adversely affect the operations of the CCRJC, has a history of serious medical problems, presents a substantial risk of escape, or presents a substantial risk of injury to other persons or property, or is classified as a maximum security inmate pursuant to Chelan County's Objective Jail Classification System. The inmate should be an inmate who has already been sentenced by the jurisdiction, and should not be on pre -trial status. (c) The City prisoners incarcerated in Chelan County pursuant to this Agreement shall be transported to Chelan County by Chelan County staff at the expense of Chelan County and shall be returned, if necessary, to The City by Chelan County personnel and at the County's expense provided that notice of the necessity of transport is received by Chelan County three (3) working days prior to the time of expected transport. The City hereby designates Dave Boynton the official authorized to notify Chelan County of the dates for transport and the specific inmates to be transported. (d) The City prisoners that have completed their sentence and have no other legal holds will be offered transportation back to the general area of The City provided they do not provide their own transportation. 21. INDEPENDENT CONTRACTOR In providing services under this contract, Chelan County is an independent contractor and neither it or its officers, agents or employees are employees of The City for any purpose, including responsibility for any federal or state tax, industrial insurance or Social Security liability. Neither shall the provision of services under this Agreement give rise to any claim of career service or civil service rights, which may accrue to an employee of The City under any applicable law, rule or regulation. 22. GENERAL PROVISIONS (a) Severability In the event any provisions of this Agreement shall be determined to be unenforceable or otherwise invalid for any reason, such provisions shall be enforced and valid to the extent permitted by law. All provisions of this Agreement are severable and unenforceability or invalidity of a single provision herein shall not affect the remaining provisions. (b) Governing Law and Venue This Agreement shall be governed by the laws of the State of Washington, and venue for any lawsuit shall be the Chelan County Superior Court. (c) Attorney's Fees In the event it is necessary for either party to utilize the services of an attorney to enforce any of the terms of this Agreement, such enforcing party shall be entitled to compensation for its reasonable attorney's fees and costs. In the event of litigation regarding any terms of this Agreement, the substantially prevailing party shall be entitled, in addition other relief, to such reasonable attorney's fees and costs as determined by the Court. Interlocal Agreement Between Chelan County Page 7 of 9 and The City of Bremerton (d) Waiver of Breach The waiver by either party of the breach of any provision of this Agreement by the other party must be in writing and shall not operate nor be construed as a waiver of any subsequent breach by such other party. (e) Savings Clause Nothing in this Agreement shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions of this Agreement and any statute, law, public regulation or ordinance, the latter shall prevail but in such event, the provisions of this Agreement affected shall be curtailed and limited only to the extent necessary to bring it within legal requirements. (f) Filing This Agreement shall be filed with the Chelan County Auditor's Office pursuant to RCW 39.34.040. 23. INTERPRETATION This Agreement has been submitted to the scrutiny of all parties and their counsel, if desired, and it shall be given a fair and reasonable interpretation in accordance with its words, without consideration or weight given to its being drafted by any party or its counsel. All words used in the singular shall include the plural; the present tense shall include the future tense; and the masculine gender shall include the feminine and neuter gender. 24. ACCESS TO RECORDS CLAUSE The parties hereby agree that authorized representatives of the parties shall have access to any books, documents, paper and record of the other party that are pertinent to this Agreement for the purposes of making audits, examinations, excerpts and transcriptions. All such records and all other records pertinent to this Agreement, and work undertaken pursuant to this Agreement shall be retained by the parties for a period of three (3) years after the final expiration date of this Agreement or any amendments hereto, unless a longer period is required to resolve audit, findings or litigation. In such cases, the parties may expressly agree by an amendment or separate agreement for such longer period for record retention. 25. ENTIRE AGREEMENT This Agreement represents the entire integrated Agreement between The City and Chelan County and supercedes all prior negotiations, representations or agreements, either written or oral. Interlocal Agreement Between Chelan County Page 8 of 9 and The City of Bremerton IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by the parties hereto and made affective on the day and year first above written. CITY OF , WA BOARD OF CHELAN COUNTY COMMISSIONERS By: Doug England, Chair ATTEST: Ron Walter, Commissioner City Clerk Keith Goehner, Commissioner ATTEST: DATED: Carlye Dunning Clerk of the Board DATED: Approved as to Form: Curt Lutz, Director Chelan County Regional Justice Center County of Attorney Approved as to Form: Douglas Shae, Chelan County Prosecutor Interlocal Agreement Between Chelan County Page 9 of 9 and The City of Bremerton AGENDA BILL CITY OF BREMERTON CITY COUNCIL ......................................................... ............................... SUBJECT: Award contract for Reservoir Study Session Date: June 11, 2014 No. 19 and 20 — Interior Coating COUNCIL MEETING Date: June 16, 2014 Replacement to Western Industrial, Inc. Department: PW & U Presenter: Chal Martin / Tom Knuckey Phone: 473 -5758 SUMMARY: The work to be completed under this contract includes recoating the interior of two steel water reservoirs. The interior of Reservoir 20 will be coated in entirety. Only the interior roof /lid of Reservoir 19 will be coated. The work includes cleaning out the tanks, removal of existing coal tar based coating, surface preparation, sandblasting, and coating. There were 4 bids. Western Industrial was the lowest responsible, responsive bidder in the amount of $474,184.25 (which includes sales tax). ATTACHMENTS: 1. Council Summary; 2. Agreement; and 3. Bid Tabulation. FISCAL IMPACTS (Include Budgeted Amount): The project is included in the 2014 budget and is funded by rates. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to award contract for Reservoir No. 19 and 20 — Interior Coating Replacement from Western Industrial, Inc. in the amount of $474,184.25 (which includes sales tax) and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented upon receiving all necessary environmental permits. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 COUNCIL SUMMARY Reservoir No. 19 and 20 — Interior Coating Replacement June 2014 Background Reservoir No. 19 is a 2- million gallon ground- supported welded steel tank constructed in 1979 and is located directly behind Harrison Hospital. Reservoir 20 is a 1- million gallon ground- supported welded steel tank contructed in 1980 and is located at 400 Ridge Lane, north of Riddell Road. The original coating systems were evaluated by CB Coating and Inspection Inc in 2006. This evaluation of the original coating revealed blistering, peeling and cracking of the coating in both reservoirs and recommendations were made to replace the interior coating for both Reservoirs 19 and 20 . The coating replacement work includes cleaning out the tanks, removal of existing coal tar based coating, surface preparation, sandblasting to SSPC -SP10 near white metal cleaning and proper disposal of existing coal tar coating, painting entire interior of Reservoir 20, painting the interior roof /lid of Reservoir 19 including the hatch doors and frames, roof top vent plates, interior steel ladders, cleanup of both sites, restoration, and disinfection of the Reservoirs upon completion and acceptance by the City. Fiscal Summary The mid -year budget adjustment included $480,000 for Reservoir Coating Replacement. The engineer's estimate for the project was $480,000, which included construction, force account allowance of $45,000, construction management, and corrosion inspection and protection. Rate funds are available for the 2014 expense, since 2013 annual expenditures were below the projection included in the 2013 rate study. Also note that the rate study anticipated reservoir coatings in 2013 which were not completed. Bids were opened on June 2, 2014. There were 4 bids. Western Industrial was the lowest responsible, responsive bidder in the amount of $474,184.25 (which includes sales tax). Reservoir No. 19 and 20 — Interior Coating Replacement June2014 Council Summary AGREEMENT SECTION 00500 THIS AGREEMENT is dated the day of in the year 2014 by and between City of Bremerton (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the OWNER's Contract Documents entitled RESERVOIR NO. 19 $ 20 - INTERIOR COATING REPLACEMENT ARTICLE 2. CONTRACT TIMES. Substantial Completion for the WORK must be achieved not later than 80 calendar days from the date of Notice to Proceed. Final Completion and Acceptance of the Work must be achieved not later than 30 calendar days after Substantial Completion. ARTICLE 3. LIQUIDATED DAMAGES. OWNER and the CONTRACTOR recognize that time is of the essence of this Agreement and that the OWNER will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions and Supplementary Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the OWNER if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the OWNER and the CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) the CONTRACTOR shall pay the OWNER 750 for each day that expires after the time specified in Article 2. ARTICLE 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s). (Contractor Initials) AGREEMENT RESERVOIR NO. 19 & 20 - INTERIOR COATING REPLACEMENT 00500 -1 MAY 2014 I ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the WORK consist of this Agreement (Section 00500) and the following attachments to this Agreement: • Notice Inviting Bids (Section 00030). • Instructions to Bidders (Section 00100). • Bid Forms including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all required certificates and affidavits (Section 00300). • Performance Bond (Section 00610). • Payment Bond (Section 00620). • General Conditions (Section 00700). • Supplementary General Conditions (Section 00800). • Technical Specifications as listed in the Table of Contents, including appendices. • Drawings as listed in the List of Drawings. • Addenda numbers to , inclusive. • Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Paragraph 3.04 of the General Conditions. ARTICLE 7. WAIVER OF IMMUNITY. The CONTRACTOR and OWNER acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. The CONTRACTOR and OWNER acknowledge and agree to the requirements for indemnification in Section 00800 SC -6.20. The provisions of this article shall survive the termination or expiration of this agreement. (Contractor Initials) AGREEMENT RESERVOIR NO. 19 & 20 - INTERIOR COATING REPLACEMENT 00500 -2 MAY 2014 ARTICLE 8. SUSPENSION OF WORK AND TERMINATION The Contractor agrees to the right of the OWNER to suspend work or terminate this agreement as indicated in Article 15 of Section 00700 (Standard General Conditions) and Section 00800 (Supplementary Conditions). ARTICLE 9. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The OWNER, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and /or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the OWNER may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be executed the day and year first above written. OWNER: of Bremerton CONTRACTOR By By [CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notices License No. Approved as to Form: Agent for service of process: (Signature) (Title) AGREEMENT RESERVOIR NO. 19 & 20 - INTERIOR COATING REPLACEMENT 00500 -3 MAY 2014 AGREEMENT CERTIFICATE (if Corporation) STATE OF ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of the State of , held on , 2014, the following resolution was duly passed and adopted: "RESOLVED, that , as President of the Corporation, be and is hereby authorized to execute the Agreement dated , 2014, by and between this Corporation and City of Bremerton and that his /her execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this , day of , 2014. Secretary (SEAL) AGREEMENT RESERVOIR NO. 19 & 20 - INTERIOR COATING REPLACEMENT 00500 -4 MAY 2014 AGREEMENT CERTIFICATE (if Partnership) STATE OF ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of the a partnership existing under the laws of the State of , held on , 2014, the following resolution was duly passed and adopted: "RESOLVED, that , as of the Partnership, be and is hereby authorized to execute the Agreement dated , 2014, by and between this Partnership and City of Bremerton and that his /her execution thereof, attested by the shall be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 2014. Partner (SEAL) AGREEMENT RESERVOIR NO. 19 & 20 - INTERIOR COATING REPLACEMENT 00500 -5 MAY 2014 AGREEMENT CERTIFICATE (if Joint Venture) STATE OF ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Principals of the a joint venture existing under the laws of the State of , held on , 2014, the following resolution was duly passed and adopted: "RESOLVED, that , as of the Joint Venture, be and is hereby authorized to execute the Agreement dated , 2014, by and between this Joint Venture and City of Bremerton and that his /her execution thereof, attested by the shall be the official act and deed of this Joint Venture." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 2014. Managing Partner (SEAL) AGREEMENT RESERVOIR NO. 19 & 20 - INTERIOR COATING REPLACEMENT 00500 -6 MAY 2014 AGREEMENT CERTIFICATE (if Limited Liability Company) STATE OF ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Members of the a Limited Liability Company existing under the laws of the State of , held on , 2014, the following resolution was duly passed and adopted: "RESOLVED, that , and as members of the Limited Liability Company, be and are hereby authorized to execute the Agreement dated 2014, to the City of Bremerton by this Limited Liability Company and that their execution thereof shall be the official act and deed of this Limited Liability Company." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 2014. A Limited Liability Company By: Member By: Member (SEAL) END OF AGREEMENT FORMS AGREEMENT RESERVOIR NO. 19 & 20 - INTERIOR COATING REPLACEMENT 00500 -7 MAY 2014 CITY OF BREMERTON BID TABULATION BID Reservoir No. 19 & 20 — Interior Coating Replacment OPENED TITLE: BY j�l j o/ r DATE 06/09/14 TIME 2: 00PM RECORDED Shannon Corin OPENED: OPENED: BY: NAME OF BIDDER BOND TOTAL BID (incl. Sales Tax) rr 73 3 7-s; Ora_ SUMMARY ENGINEER'S ESTIMATE ro d i APPARENT LOW BIDDER was `v us r�2 �� $ t SECOND LOW BIDDER G $ 50?� DST � THIR40W BIDDER -- I—! f ti r i a $ 733 I AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Replace vacant budgeted Study Session Date: June 11, 2014 WWTP Industrial Maintenance Mechanic COUNCIL MEETING Date: June 16, 2014 position with two (2) FTE Laborer - Utilities Department: PW &U/WWTP positions Presenter: Pat Coxon Phone: 473.5448 SUMMARY: The existing WWTP Industrial Mechanic position was vacated due to a promotion for the incumbent. In reviewing our current workload and staffing, the WWTP would be better served hiring two (2) FTE entry level (Grade 4A) Laborers - Utilities positions, so that they can be trained as apprentices by our existing journey level mechanics on the "how & why" we do our mechanical operations & repairs. Hiring of these positions will better prepare the WWTP for the impending retirements that will occur within this division in the next few years. ATTACHMENTS: 1) Hiring Justification; 2) Job Description; 3) Financial Worksheet; and 4) 5 -Year Outlook FISCAL IMPACTS (Include Budgeted Amount): Budgeted - $78,222.75; (2) FTE Laborers - Utilities $64,685.26; 2014 Savings - $13,537.49. STUDY SESSION AGENDA: ® No Presentation ❑ Full Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to authorize a decrease of one (1) FTE WWTP Industrial Maintenance Mechanic position, decrease two (.42) FTE Part -time Seasonal Laborer II positions (extra help), and replace with two (2) FTE Laborers - Utilities, resulting in a net increase of (1) FTE in the WWTP Division. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 HIRING /PROMOTIONAL JUSTIFICATION FUND 451 DEPARTMENT 32 PROGRAM PW &U, WWTP Maintenance; 535.5032 POSITION TITLE Laborer- Utilities (2) BUDGETED AMOUNT $78,222.75 PROJECTED HIRE DATE 07/01/2014 Justification for need to hire replacement /promote internal employee (Include description of position essential functions, impact on departmental operations and co- workers workload and need for position to be filled): I am proposing to underfill an open WWTP Industrial Mechanic's position, due to the incumbent receiving a promotion as a CMMS Technician. The WWTP Utility would be better served hiring two (2) FTE entry level Laborers - Utilities positions, so that they can be taught as apprentices, by our existing Journey Level Industrial Mechanics on the "how & why" we do our mechanical operations & repairs. These hirings would also better prepare the WWTP Utility on the impending retirements that will occur within this division in the next few years. I If replacement hire /internal promotion does not get approved, please explain impact on operations, programs, budget, etc.: This would result in the WWTP Utility to continue to move forward "as -is ", and to confront the impending retirements and training issues as they occur. Please describe any possible departmental /divisional restructuring opportunities available to make better use of budgeted funds that could help off -set the cost of filling this position? We would be underfilling a budgeted Journey Level WWTP Industrial Mechanic position, with two (2) FTE Apprentice Level Laborer - Utilites positions. The hiring of the two (2) FTE Laborer - Utilities positions will ultimately increase our work productivity and our ability to work safely. This will increase the amount of current personnel at the WWTP by one (1). Division Manager: Department Director: Hire /Promotional Approval /Disapproval: (If disapproved, explanation attached) Human Resources Manager: Financial Services: Mayor: City of Bremerton Classification Specification April 2014 Laborer - Utilities GENERAL FUNCTION Under close supervision, performs manual work and operates hand tools and small equipment to maintain the water, wastewater, stormwater systems, facility property and equipment. REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES (Note — This list is intended only to illustrate the various types of work that may be performed. The omission of specific statements does not exclude them from the position.) • Assists employees of higher classification in manual tasks at work sites such as removing dirt and debris or performing tasks in support of construction projects or activities. • Performs a variety of general janitorial duties at various locations not covered in the janitorial service contract. • Assist in the duties of mail run, weekly lift station checks with a qualified mechanic, electrical meter reading, deposit and check pickup. • Assist in checking and cleaning of the parking garages and lots along with Conference Center maintenance. • Under close supervision and training, may operate trucks and light equipment to assist at the worksite. • Assists in controlling traffic at worksites by setting up warning signs and flagging traffic through work areas. • Assist with inventory control, vehicle tool inventory, grounds maintenance, clean and wash equipment. • Performs meter, MXU and meter box maintenance and installations. • Performs fire hydrant maintenance and repair. • Assist in construction, repair, installation and maintenance of the utilities water distribution system. • Perform maintenance to drainage ditches, culverts, detention ponds and grounds, including maintenance facilities. • Assist in construction, repair, installation and maintenance of the utilities sewer /storm collection system. • Assist in construction, repair, installation and maintenance of pump stations and treatment plant equipment. • Assist in construction, repair, installation and maintenance of the utilities for wastewater systems. • Perform support duties during confined space entries and emergent repairs. Other Duties: • Regular attendance is an essential requirement • Performs related work as assigned or required DISTINGUISHING FEATURES Positions in the Laborer classification are distinguished b the performance of manual work g Y P under direct supervision and with on-going training in equipment and vehicle operation. P g g g P Page 1 of 3 City of Bremerton Classification Specification April 2014 Laborer - Utilities WORKING CONDITIONS Work is performed indoors and outdoors in varying weather conditions. Employee risks physical hazard from traffic, equipment, paint, raw sewage, voltage, combustibles, corrosives and exposure to toxic chemical fumes and gases such as chlorine, methane, CO2 and biological hazards associated with raw sewage. Physical effort is required to perform heavy manual labor in uncomfortable, confined, and dirty conditions. Lifting in excess of 75 pounds is required. The noise level in the work environment is usually loud. Subject to call back for emergency repairs. PHYSICAL REQUIREMENTS Requires continuous walking, bending, kneeling, standing, sitting, squatting, and crawling, reaching, twisting, grasping and climbing ladders and stairs. Some portions of the WWTP and lift stations are hot, cramped and noisy have offensive odors and surfaces are slippery and/or have open grates. KNOWLEDGE, SKILLS AND ABILITIES (Entry requirements) • Ability to read, write, and understands the English language. • Ability to follow written or oral instructions. • Ability to perform heavy manual labor under severely dirty and uncomfortable conditions. • Basic mechanical ability to learn the use of hand tools. QUALIFYING EDUCATION AND EXPERIENCE (Minimum Requirements) Any combination of education and experience equivalent to a High School diploma or G.E.D. Valid Washington State driver's license is required. Must be eighteen (18) or older at the time of hire. SPECIAL REQUIREMENTS (May be required depending on assignment) ➢ Traffic Control (Flagging) Certification ➢ First Aid/CPR Certification ➢ Confined Space Entry Certification ➢ Asbestos- Cement Pipe Training ➢ Forklift Operator LEGAL and REGULATORY EMPLOYMENT CONDITIONS Fair Labor Standards Act: The classification is nonexempt under the laws of fair Labor Standards Act minimum wage and overtime provisions. Representation: The classification is included in the bargaining unit pursuant to the Recognition Article of the current labor agreement between the City of Bremerton and the Teamsters Local 589. Page 2 of 3 City of Bremerton Classification Specification April 2014 Laborer - Utilities Civil Service: The classification is excluded from the City's Civil Service System. Appointment and Removal Authority: The position is filled by appointment by the Department Head. Removal is by action of the Department Head in conformance with current labor agreement. This classification specification does not constitute an employment agreement between the City and employee. It is subject to change by the City as the needs of the City and requirements change. Page 3 of 3 WWTP CMMS WWTP Ind Mech Terry Robert Part-Time Murphy Bermea (875 hrs) Total Current Positions and Budget 15G +3% 12G +2% Laborer Budget Salary 71,848.08 60,322.32 12,250.00 156,670.40 Social Security 4,454.58 3,739.98 759.50 9,713.56 Medicare 1,041.80 874.67 177.63 2,271.72 PERS 6,617.21 5,555.69 1,128.23 14,429.34 L & I 97.09 97.09 40.69 275.56 WC 2,096.35 2,096.35 878.50 5,949.70 Accumulated Leave 1,077.72 904.83 183.75 2,350.06 Employment Security 359.24 301.61 61.25 783.35 Medical 11,151.96 3,000.00 0.00 14,151.96 Dental 1,151.40 1,151.40 0.00 2,302.80 Vision 178.80 178.80 0.00 357.60 100,074.23 78,222.75 15,479.54 209,256.06 WWTP CMMS WWTP Ind Mech Robert Full -Time Bermea Eliminate Laborer Total Proposed Scenario "A" 15C +2% Position G4A Budget Salary 63,642.24 0.00 32,969.52 129,581.28 Social Security 3,945.82 0.00 2,044.11 8,034.04 Medicare 922.81 0.00 478.06 1,878.93 PERS 5,861.45 0.00 3,036.49 11,934.44 L & I 97.09 0.00 97.09 291.28 WC 2,096.35 0.00 2,096.35 6,289.06 Accumulated Leave 954.63 0.00 494.54 1,943.72 Employment Security 318.21 0.00 164.85 647.91 Medical 3,000.00 0.00 21,323.16 45,646.32 Dental 1,151.40 0.00 1,802.28 4,755.96 Vision 178.80 0.00 178.80 536.40 82,168.81 0.00 64,685.26 211,539.32 Net Change - Scenario "A" (17,905.42) (78,222.75) 49,205.72 2,283.26 WWTP CMMS WWTP Ind Mech Full -Time New Hire Eliminate Laborer Total Proposed Scenario "B" 15A Position G4A Budget Salary 59,132.16 0.00 32,969.52 125,071.20 Social Security 3,666.19 0.00 2,044.11 7,754 41 - -- .- -- Medicare 857.42 0.00 478.06 1,813.53 PERS 5,446.07 0.00 3,036.49 11,519.06 L & I 97.09 0.00 97.09 291.28 WC 2,096.35 0.00 2,096.35 6,289.06 Accumulated Leave 886.98 0.00 494.54 1,876.07 Employment Security 295.66 000 164.85 625.36 Medical 21,323.16 0.00 21,323.16 63,969.48 Dental 1,802.28 0.00 1,802.28 5,406.84 Vision 178.80 0.00 178.80 536.40 95,782.17 0.00 64,685.26 225,152.68 Net Change Scenario "B" (4,292.06) (78,222.75) 49,205.72 15,896.62 WWTP WWTP Part-Time Part-Time CMMS Ind Mech (875 hrs) (875 hrs) Total Current Positions and Budget 15G +3% 12G +2% Laborer Laborer Budget Salary 71,848.08 60,322.32 12,250.00 12,250.00 156,670.40 Social Security 4,454.58 3,739.98 759.50 759.50 9,713.56 Medicare 1,041.80 874.67 177.63 177.63 2,271.72 PERS 6,617.21 5,555.69 1,128.23 1,128.23 14,429.34 L & I 97.09 97.09 40.69 40.69 275.56 WC 2,096.35 2,096.35 878.50 878.50 5,949.70 Accumulated Leave 1,077.72 904.83 183.75 183.75 2,350.06 Employment Security 359.24 301.61 61.25 61.25 783.35 Medical 11,151.96 3,000.00 0.00 0.00 14,151.96 Dental 1,151.40 1,151.40 0.00 0.00 2,302.80 Vision 178.80 178.80 0.00 0.00 357.60 100,074.23 78,222.75 15,479.54 15,479.54 209,256.06 WWTP Eliminate Position Full -Time Full -Time CMMS WWTP Laborer Laborer Total Proposed Scenario "A" 15C +2% Inc Mech G4A G4A Budget Salary 63,642.24 0.00 32,969.52 32,969.52 129,581.28 Social Security 3,945.82 0.00 2,044.11 2,044.11 8,034.04 Medicare 922.81 0.00 478.06 478.06 1,878.93 PERS 5,861.45 0.00 3,036.49 3,036.49 11,934.44 L & I 97.09 0.00 97.09 97.09 291.28 WC 2,096.35 0.00 2,096.35 2,096.35 6,289.06 Accumulated Leave 954.63 0.00 494.54 494.54 1,943.72 ._. Employment Security 318.21 0.00 164.85 164.85 64791 Medical 3,000.00 0.00 21,323.16 21,323.16 45,646.32 Dental 1,151.40 0.00 1,802.28 1,802.28 4,755.96 Vision 178.80 0.00 178.80 178.80 536.40 82,168.81 0.00 64,685.26 64,685.26 211,539.32 Net Change - Scenario "A" (17,905.42) (78,222.75) 49,205.72 49,205.72 2,283.26 WWTP Eliminate Position Full -Time Laborer Full -Time Laborer CMMS WWTP Starting July 1st Starting July 1st Total Proposed Scenario "A Revised" 15C +2% Inc Mech G4A G4A Budget Salary 63,642.24 0.00 16,484.76 16,484.76 96,611.76 Social Security 3,945.82 0.00 1,022.06 1,022.06 5,989.93 Medicare 922.81 0.00 239.03 23903 1,400.87 PERS 5,861.45 0.00 1,518.25 1,518.25 8,897.94 L & I 97.09 0.00 48.55 48.55 194.18 WC 2,09635 000 1,048.18 1,048.18 4,192.70 Accumulated Leave 954.63 0.00 247.27 247.27 1,449.18 Employment Security 318.21 0.00 82.42 82.42 483.06 Medical 3,000.00 0.00 10,661.58 10,661.58 24,323.16 Dental 1,151.40 0.00 901.14 901.14 2,953.68 Vision 178.80 0.00 89.40 89.40 357.60 82,168.81 0.00 32,342.63 32,342.63 146,854.07 Net Change Scenario "A Revised" (17,905.42) (78,222.75) 16,863.09 16,863.09 (62,401.99) SCENARIO A REPLACE CMMS TECH WITH AN EXISTING INDUSTRIAL MECHANIC. REPLACE INDUSTRIAL MECHANIC WITH ANOTHER INDUSTRIAL MECHANIC. IN THIS SCENARIO, THE WWTP WOULD UTILIZE FOUR TEMPORARY MAINTENANCE EMPLOYEES. 5 -YEAR OUTLOOK PROMOTIONAL CMMS TECH : STARTS AT GRADE 15 STEP C WITH 2% LONGEVITY. HE GOES TO 3% LONGEVITY IN YEAR 2. YEAR (Loaded Rate) 1 2 3 4 5 83,408.57 86,562.68 89,069.79 91,496.02 94,164.88 NEW INDUSTRIAL MECHANIC HIRED AT GRADE 12 STEP A AND DOES NOT OBTAIN LONGEVITY DURING THIS SCENARIO. YEAR (Loaded Rate) 1 2 3 4 5 78, 772.84 80, 998.61 83,159.87 85, 579.18 87, 869.46 TEMPORARY MAINTENANCE LABORERS (0875 HRS /YR) BEGINNING AT STEP 13 OF THE PART TIME TEMPORARY AND SEASONAL PAY SCALE, AND INCLUDING PERS COSTS. YEAR (Loaded Rate) 1 2 3 4 5 TEMPORARY 1 17,138.06 17,602.45 18,077.89 18,575.45 19,106.18 TEMPORARY 2 17,138.06 17,602.45 18,077.89 18,575.45 19,106.18 TEMPORARY 3 17,138.06 17, 602.45 18,077.89 18, 575.45 19,106.18 TEMPORARY 4 17,138.06 17, 602.45 18,077.89 18, 575.45 19,106.18 TOTAL 68, 552.25 70, 409.80 72, 311.57 74, 30 76, 424.71 GRAND TOTAL ANNUAL WAGES SCENARIO A 230,733.67 237,971.09 244,541.22 251,377.00 258,459.05 SCENARIO B REPLACE CMMS TECH WITH AN INDUSTRIAL MECHANIC. REPLACE THE INDUSTRIAL MECHANIC WITH 2 FULL -TIME MAINTENANCE LABORERS. NO TEMPORARY LABORERS ARE UTILIZED IN THIS SCENARIO. 5 -YEAR OUTLOOK PROMOTIONAL CMMS TECH : STARTS AT GRADE 15 STEP C WITH 2% LONGEVITY. HE GOES TO 3% LONGEVITY IN YEAR 2. YEAR (Loaded Rate) 1 2 3 4 5 83,408.57 86,562.68 89,069.79 91,496.02 94,164.88 MAINTENANCE LABORERS START AT GRADE 4 STEP A AND DO NOT OBTAIN ANY LONGEVITY DURING THIS SCENARIO. YEAR (Loaded Rates) 1 2 3 4 5 LABORER 1 65,668.39 67,388.96 69,027.60 70,912.03 72,837.43 LABORER 2 65,668.39 67,388.96 69,027.60 70,912.03 72,837.43 TOTAL 131,336.78 134,777.92 138,055.20 14 14 GRAND TOTAL ANNUAL WAGES SCENARIO B 214,745.35 221,340.60 227,124.98 233,320.08 239,839.74 NET SAVINGS YEARS 1 THROUGH 5 SCENARIO B VERSUS SCENARIO A (15,988.31) (16,630.49) (17,416.24) (18,056.91) (18,619.31) PROPOSED SCENARIO B REVISED 2014 CURRENT YEAR POSITIONS AND BUDGET CMMS TECH IND MECHANIC PT LABORER PT LABORER TOTAL 156 +3% 126 +2% 875 HOURS 875 HOURS BUDGET 100,074.23 78,222.75 15,479.54 15,479.54 209,256.06 PROPOSED SCENARIO B CMMS TECH ELIMINATE FT LABORER FT LABORER TOTAL BEGINNING JULY 1ST 15C +2% IND MECHANIC 4A 4A BUDGET 83,408.57 0 32,834.20 32,834.20 149,076.97 NET 2014 SAVINGS (16, 665.66) (78, 222.75) 17, 354.66 17, 354.66 (60,179.09) NOTE: 1) WAGES WERE ADJUSTED TO ACCOUNT FOR THE 1.5% TEAMSTERS WAGE ADJUSTMENT FOR 2014 (TEAMSTERS CONTRACT APPENDIX A), EXCEPT IN THE PROPOSED SCENARIO B REVISED CURRENT YEAR POSMONS AND BUDGET, WHICH WERE PROVIDED BY THE FINANCE DEPT 2) OVERHEAD PERCENTA6ES WERE GLEANED FROM THE SPREADSHEET PROVIDED BY THE FINANCE DEPT. 3) TEMPORARY LABORER WAGES WERE FROM THE PART- 77 EMPLOYEES 2014 PAY RANGE SPREADSHEET. WAGES ASSUMED HIRING T74E SAME LABORERS EACH YEAR RESULTZN6 IN STEP INCREASES EACH YEAR. AGENDA BILL 61 CITY OF BREMERTON CITY COUNCIL ■■ eeeseeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: Approve two (2) Temporary Study Session Date: June 11, 2014 Part-Time FTE (.19) Laborer Positions in the COUNCIL MEETING Date: June 16, 2014 Forestry Division Department: PW &U Presenter: Chal Martin Phone: 360- 473 -5758 SUMMARY: This action authorizes two temporary laborer positions in the Forestry Division until the vacant permanent position can be filled. This is a temporary authorization for 2014 only. ATTACHMENTS: Job Description FISCAL IMPACTS (Include Budgeted Amount): The 2014 budgeted amount for the permanent position, which has been vacant since January 1 s ', is $91,987. The expense of two temporary employees, assuming a 4 -month employment period, will not exceed $20,000. STUDY SESSION AGENDA: ❑ No Presentation 9 Full Presentation STUDY SESSION ACTION: © Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to authorize adding two Temporary Part-Time FTE (.19) Laborer positions in the Forestry Division. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 CITY OF BREMERTON JOB DESCRIPTION Position Title: Temporary Laborer Forestry General Function: Under direct supervision, performs a variety of manual work, operates hand tools, and small equipment to help maintain the forestry process equipment, buildings and grounds. Assists Forestry personnel as directed. Essential Duties: Operates chainsaws, weed eaters, spray equipment, mowers and other small equipment and hand tools to maintain forest roads, plantations, water systems, and park areas. Under close supervision and training, may operate trucks and light equipment to assist at the work site. Assists in maintenance of forest roads. Assists in operation and maintenance of Jarstad Park. Performs related work as assigned and required. Knowledge, Abilities, and Skills: • Skill in the use and care of a variety of hand tools and equipment • Ability to communicate clearly • Ability to read and write • Ability to take direction Physical Requirements: Excessive walking up and down steep inclines through heavily forested or brushy environments, lifting, sitting, twisting, driving, good balance, bending, etc. Ability to lift in excess of 50 lbs. required. Ability to perform moderately strenuous to strenuous tasks. Minimum Qualifications: Any combination of education and experience equivalent to graduation from High School. Previous experience in Forestry or related field desired. Must possess a valid Washington State driver's license at time of hire and have a good driving record. Working Conditions: Ability to work in rough terrain, with the possibility of falling objects, adverse conditions (cold, hot, dirty, wet & smoky conditions), noisy & vibrating situations, exposure to some chemicals and biosolids with associated odors on a daily basis. Recall on a 24 hour basis (standby). LEGAL and REGULATORY EMPLOYMENT CONDITIONS Fair Labor Standards Act: The classification is non - exempt under the laws of Fair Labor Standards Act minimum wage and overtime provisions. Representation: The classification is excluded from the bargaining unit pursuant to the Recognition Article of the current labor agreement between the City of Bremerton and the Teamsters Local 589. Civil Service: The classification is excluded from the City's Civil Service System. This classification specification does not constitute an employment agreement between the City and employee. It is subject to change by the City, with the approval of human Resources, as the needs of the City and requirements change. AGENDA BILL 7A CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing for Police Study Session Date: June 11, 2014 Department's Local Solicitation of 2014 COUNCIL MEETING Date: June 16, 2014 Justice Assistance Grant (JAG) Application Department: Police Presenter: Chief Strachan Phone: 473 -5224 SUMMARY: The Bremerton Police Department is applying for the local solicitation of the Edward Byrne Memorial Justice Assistance Grant (JAG). Since 2010 JAGs have been used to help fund the salary of the Community Resource Specialist. The 2014 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 programs which include Neighborhood Watch, the Landlord Notification Program, Abandoned Property Program, crime analysis function and enforcement of the Chronic Nuisance Property Ordinance. The grant is from the Department of Justice. No matching funds are required of the City. The total grant amount is $26,967. ATTACHMENTS: Grant Application FISCAL IMPACTS (Include Budgeted Amount): None. The JAG funding is a revenue source of $26,967 with no match requirement. STUDY SESSION AGENDA: ® No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ® Public Hearing RECOMMENDED MOTION: Move to approve the 2014 Justice Assistance Grant Application and grant acceptance when awarded, and further, authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 BJA FY 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local Page 1 of 2 BJA FY 14 Edward Byrne Memorial JUstice Assistance F Grant (JAG) Program: (vocal 2014- H3684 -WA-DJ Applicatio C orrespon dence Switc to ... Review SF -424 Print a_fl–oply Application Handbook APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier FEDERAL O verview ASSISTANCE 1. TYPE OF SUBMISSION 3. DATE RECEIVED BY State Application Identifier Applican STATE I_n_ formation Application Non - Construction 4. DATE RECEIVED BY Federal Identifier ProL Information FEDERAL AGENCY B udget and Program &APPLICANT INFORMATION At tachments Legal Name Organizational Unit nces and City of Bremerton Bremerton Police As sura A - -- Department Certificatio - - — Address Name and telephone number of the person to Review SF 424 345 6th Street be contacted on matters Suite 600 involving this application S ubmit Application Bremerton, Washington 98337 -1812 Strachan, Steven (360) 473 -5224 Hel Fre ucL entiy 6. EMPLOYER IDENTIFICATION NUMBER (EIN) 7. TYPE OF APPLICANT Asked gUe stions 91- 6001231 Municipal GM5 Home S. TYPE OF APPLICATION 9. NAME OF FEDERAL - -- AGENCY t.og U ff New Bureau of Justice Assistance 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE 11. DESCRIPTIVE TITLE OF APPLICANT'S NUMBER: 16.738 PROJECT CFDA EDWARD BYRNE MEMORIAL JUSTICE Sustain the Community TITTLE: ASSISTANCE GRANT PROGRAM Resource Unit and its crime prevention function. 12. AREAS AFFECTED BY PROJECT The City of Bremerton downtown city core and seven (7) council districts. 13. PROPOSED PROJECT 14. CONGRESSIONAL Start Date: October 01, 2014 DISTRICTS OF End Date: September 30, 2017 a. Applicant b. Project WA06 15. ESTIMATED FUNDING 16. IS APPLICATION Federal $26,967 SUBJECT TO REVIEW BY STATE EXECUTIVE Applicant $0 ORDER 12372 PROCESS? State $0 Program Is not covered by E.0.12372 https:H grants. ojp. usdoj. gov/ gmsextemal /applicationReview.do 6/3/2014 BJA FY 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local Page 2 of 2 Local $0 Other $0 Program Income $0 17. IS THE APPLICANT DELINQUENT ON ANY TOTAL $26,967 FEDERAL DEBT? 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE 1 ASSISTANCE IS REQUIRED. Continue }►tMe• / /rtrantc nir� »mini nn��/ nmcavtc •rnal /annliratinnAP��iP�xr fin BJA FY 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local Page 1 of 1 ` BJA FY 14 Edward Byrne Memorial Justice Assistance "N" if i.1 Grant (JAG) Program: Local 2014- H3684 - w A -OJ "N" App lication Co rrespondence rSwitch to ... V Application Handbook Overview Ove rview . This handbook allows you to complete the application process for applying to the BJA FY 14 Edward Byrne Memorial Justice Assistance Applicant Grant (JAG) Program: Local. At the end of the application process you I nformation will have the opportunity to view and print the SF -424 form. Proj Infor mation *Type of Submission Preapplication 0 Application Construction $udclet and Construction Pro ram * Application Non- o Prea tlon Non - Construction Attachments Construction A ssurances a nd *Type of Application New V Cer tifications p elslon,sele o n a appropriate T of Revision V f Other, specify Review SF 42.4 *Is application subject to review by O Yes This preappiicatiordappilcation was made available to Submit A Rp lication state executive order 12372 the state executive order 123 ss�forreviewon process? V � V V No Program is not covered by E.O.12372 Het i= requently Asked Questions O NIA Program has not been selected by state for review GMS Home Save and Continue l Log Off 1�++��o•I /nrnn4n nisi .io�r�i nl. +ImmcovfnrMnlllnre�llinntinn �n7nns�nn4— A+++��inntint+Prmn�n —� Z-11 61111AIA BJA FY 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local Page 1 of 2 BJA FY 14 Edward Byrne Memorial Justice Assistance Grant 5. ( JAG) Pr ogram: Local 2014 - 1.13684 -WA -DJ Application Cor Application Handbook Applicant Information Ove Verify that the following information filled is correct and fill out any missing Information. To save changes, click on the "Save and Continue" button. �licant I *IS the -- applicant delinquent on U Yes No E edt Inf any federal debt Budget and *Employer Progr Identification 91 -16001231 A Number (EIN) A ssuranc es and Applicant ant Municipal Ce rtificati ons Type of Applicant Revie SF 424 (Other): *Organizational Bre merton Police Depa1 Sub App icatian unit 'Legal Name (Legal City of Bremerton He VI- E rec; u ent- Y. Jurisdiction Asked Questions Name) *vendor 3456th Street GMS Horne Address I — — Lo Off Vendor Suile 600 - Address 2 * Vendor City Bremerton I Vendor �— — I County /Parish ---J *Vendor State W ashington * Vendor ZIP 98337 - 1812 Zi +4 Looku Please provide Point of Contact Information for matters Involving this application *Contact ther y Prefix: O Contact Prefix Chi (Other): *Contact First Steven Name: Contact Middle Initial: *Contact Last r Strachan Name- I ------- - - -- - Contact Suffix: Sel a Su ffix V J Contact Suffix (Other) "Contact Title: [Chief *Contact Address I_Ine 1025 Bur well Street https: // grants. ojp. usdoj. gov/ gmsextemal /applicantlnformation.do 6/3/2014 BJA FY 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local Page 2 of 2 Contact Address Line 2: *Contact City Bremerton Contact C Kttsap ] i County: *Contact Washington State: *Contact zip 98337 - 1812 Zip Lookup Code: "Contact Phone 360 473 5224 Ext: Number: Contact Fax Number: 360 473 5395 *Contact a -mail steven &i.bremerton.w Email lie f Address: Save and Continue httnc• / /cram-, nin nctlni cnv/ omcP xtPrnnl /annlir- nntTnfnrmntinn tin AA /9014 DJA FY 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local Page 1 of I �� BJA FY 14 Edward Byrne Memorial Justice Assistance .�1 Grant (JAG) Program: Local 2014-H3684-WA-DJ LpqLication C orres p ondence S witch to ... - Application Handbook Project Information Overview Descriptive Title of Applicant's Project Sustain the Community Resource Unit and its crime Appl icant prevention function. Information Project Information *Areas Affected by Project rThe City ity of Bremerton downtown city core and seven (7) --I 0 c ounc, districts. Budge-and Program Attachments Proposed Project — 20 - 14 -- V] Assurances and *Start FOT v Certifications Date *End Date 0177V : Review SF 424 *Congressional Districts of Submit Application: Congressional Nstrict 01, WA Project Congressional District 02, WA )'I ST Help/Frequently Congressional District 03, WA Asked uestions Congressional District 04, WA Q -- MS Home *Estimated Funding Log Cuf Federal $ 26967 ].00 Applicant $ 0 .00 State $ •00 Local $ 00 Other $� .00 Program Income $ 0 .00 TOTAL $ 0 .00 C Save and Continue https://grants.ojp.usdoi.gov/gmsexternal/Projectlnformation.do 6/3/2014 BJA FY 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local Page 1 of 1 YBJA FY 14 Edward Byrne Memorial Justice Assistance ,•. G rant (J Pr Local 2014- hi3664-WA -DJ Ap lic atlo Corr LSw itch to... Application Handbook Budget and Program Attachments Overv This form allows you to upload the Budget Detail Worksheet, Program -- Narrative and other Program attachments. Click the Attach button to Ap iip cant continue. I nformation 2L0 ?AG A Na Attachn nents.docx Delete Pro' Infor mation Click on the Attach utton to upload an attachment Attac Bud et and Procaram Continue Attachments Your files have been successfully attached, but the application has not Assu and been submitted to OJP. Please continue with your application. Certific Rev iew SF 424 Submit Applicatio H elp /Freciu Asked Questions GMS Home LW — O ff 1,1+,�e• /Inr� nir, „arrini nn�� /nmePVtPenol /h „ iinat yi n 4/11MA1A Proiect Abstract (Atch 1) Project identifiers associated with this project: 1. Crime Prevention 2. Crime Prevention Campaign 3. Community Policing 4. Community Based Programs 5. Hiring Personnel The City of Bremerton Police Department is applying for the Edward Byrne Memorial Justice Assistance Grant under the 2014 local solicitation program. Project title is: Maintaining 2014 Support Position Staffing Levels. Using funds provided through the JAG program will ensure continuation of the Community Resource Specialist function through 2015. Goals and strategy: Preserving the Community Resource Specialist position will allow the continuation of crime prevention and community partnership functions. Strategies to accomplish this include maintaining and growing enrollment in the Landlord Notification Program, the Neighborhood Watch program, the Abandoned Property Ordinance, and traditional crime prevention resources and activities. Program Narrative (Atch 2) Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds will allow the City of Bremerton to support activities designed to prevent crime based on local needs and conditions. JAG funds will be directed to the areas where they are needed most, preserving jobs and crime prevention functions. The grant will partially fund a Community Resource Specialist; bringing stability to a position that directly contributes to crime reduction and community policing services. The Department continually looks at systems and processes that help reduce calls for service and direct resources to problem areas. This sends the message to criminals that any crime, no matter how small, will not be tolerated. An example of a successful crime prevention program administered by the Community Resource Specialist is the Landlord Notification Program which notifies owners when criminal activity takes place at one of their rental properties. Previously, many landlords complained they were unaware of criminal activity taking place at their rentals until it was too late. The program was initiated in March 2008 with 11 participating landlords representing 1,348 addresses. Currently there are 638 landlords representing 8,494 addresses. Since the Program's inception, the Community Resource Specialist has sent out 17,714 notifications to the landlords participating in the program. The landlord notifications represent a successful crime. prevention effort and result in an increased quality of life for the residents of the afflicted neighborhoods. This program represents a growing community partnership with the local and state landlord associations. This focused policing approach does make a difference. In 2014, the City of Bremerton enacted an ordinance that will require all landlords to register all properties and participate in the Landlord Notification Program. This will increase the number of landlords, properties, and notifications quite substantially. The City of Bremerton, like many, other communities, has many vacant properties which have been foreclosed, are pending foreclosure, or are subject to foreclosure, and these properties have an adverse impact on the vitality and livability of the areas in which they are located. Many of these vacant properties have become targets of vandalism, burglary, and trespass. The Community Resource Specialist works with the Patrol Division and Code Enforcement to attempt to work with lenders, and third -party trustees to resolve issues at these properties, but it is often times a lengthy and difficult process. As a result, the City of Bremerton enacted an Abandoned Property Registration and Maintenance Ordinance,, and due to the successes of the Landlord Notification Program, the Ordinance requires local property manager information to be submitted to the Community Resource Specialist, so that issues will be identified and resolved in a more timely manner, thus taking away the opportunity for these properties to become crime targets. We currently have 138 properties registered, and we have had many successes thus far resulting in fewer calls for service to deal with the problems and issues at these vacant properties. The JAG grant funds will preserve the Community Resource Unit and will allow it to continue to perform vital core functions associated with Directed Policing in partnership with the Department's Patrol Division, and maintaining working crime prevention relationships with citizens, businesses, property owners, landlords, housing agencies, social service agencies, schools, and other community groups. Another core function is the Neighborhood Watch Program that is administered and facilitated by the Community Resource Specialist. This program continues to be very successful, with very active and concerned Watch Groups across the City. The number of organized Watch Groups continues to grow, and is a vital element of our crime prevention partnerships. The Department recently purchased a crime analysis program, and the Community Resource Specialist will be trained in the Y quarter of 2014 to be one of the operators /analysts of this new system. Analysis efforts with this program will have a direct effect on our Directed Policing initiatives, as well as providing crime data, trends, and statistics to not only members of our Department, but also our citizens, and elected officials. Budget Narrative (Atch 3) Keeping the Bremerton Police Department Community Resource Unit's staffing will permit community /law enforcement partnerships to grow, and focused policing initiatives to continue. The grant will partially fund a community resource specialist's salary. Joseph P. Sexton is the Community Resource Specialist. Salary 60,450.28 Social Security 3,747.92 Medicare 876.53 PERS 2 5,567.47 Accum. Leave 906.75 Unemployment 302.25 L & I 95.21 Worker's Comp 212.98 Medical 15,374.52 Dental 1,151.40 Vision 178.80 88,864.11 Review Narrative (Atch 4) The City of Bremerton Police Department will present and intends to make its Fiscal Year 2014 JAG application available to the Bremerton City Council at the City Council's scheduled Study Session meeting on June 11, 2014. The City of Bremerton Police Department will make its Fiscal Year 2014 JAG application available to citizens for review and comment, and formal presentation for approval to the Bremerton City Council at the scheduled meeting of the Bremerton City Council on June lb, 2014. i Applicant Disclosure of Pending Application Narrative (Atch 5) No additional applications have been submitted for federally funded assistance to support this project; "Maintaining 2014 Support Position Staffing Levels", and no indirect applications have been submitted on a State level for funding assistance to support this project. i Anulicant Disclosure of High Risk Status (Atch 6) The City of Bremerton and the Bremerton Police Department are not, or have not been designated "high risk" by any other grant making agency. BJA FY 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local Page I of 2 BJA FY 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local 2014-H3604-WA-DJ � ' % Applicat Correaggrydence L— I Switch to ... Application Handbook Assurances and Certifications Overview To the best of my knowledge and belief, all data in this application/preapplication is true and correct, the document has been Applicant duly authorized by the governing body of the applicant and the applicant Information will comply with the attached assurances if the assistance is awarded. Project Information Your typed name, in lieu of your signature represents your legal binding acceptance of the terms of this application and your statement of the Budget and veracity of the representations made in this application. The document Program has been duly authorized by the governing body of the applicant and the Attachments applicant will comply with the following: Assurances and 1. Assurances Av. Certifications 2. Certifications Regardi Lobb ying; Debarment, Suspension and Other Responsibility Matters, and Drug -Free Workolace Review SF 424 requirements. If you are an applicant for any Violence Against Women grants, this Submit Lofic4Ligja includes the Certification of Compliance with the Statutory Eligibility Requirements of the Violence Against Women Act. HelplFrequently Asked Questions *Prefix: Mr. GMS Horne Prefix (Other): Log Of *First Name: Joseph Middie Initial: K-1 *Last Name: I Suffix Suffix (Other): *Title: Commu nity Res S *Address Line 1: 1025 Burwell Street Address Line 2: *City: Bremerton ` �� i County: *State; Washington *Zip Code: Llii2:] ZjD+4 Lookup *Phone: 1 5(i0: - ] -[4T3 -] -F �23:1 F-Xt: https://grants.ojp.usdoj.gov/gmsextemal/applicationAssurance.do 6/3/2014 BJA FY 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local Page 2 of 2 Fax: 360 - 473 -F5395 * E-mail: joseph.sexton @ci.brem Email Help ® I have examined the information provided here regarding the signing authority and certify It Is accurate. I am the signing authority, or have been delegated or designated formally as the signing authority by the appropriate authority of official, to provide the information requested throughout this application system on behalf of this jurisdiction. Information regarding the signing authority, or the delegation of such authority, has been placed in a file and is available on -site for immediate review. Save and continue L .roof /nranto nin naAni AvnirannP An 6/1 IM IA BJA FY 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local Page 1 of 1 BJA 1=Y 14 Edgard Byrne Memorial Justice Assistance .. � Grant (JAG' Program: Local 2014-H3684-WA- Help /Fre quently Submit Application Asked Questions Your application for the BJA FY 14 Edward Byrne Memorial Justice Assistance GMS Home Grant (JAG) Program: Local has been successfully submitted. You will no longer be able to edit any information submitted. However, you can log In L og O f any time to view the application information. You will be contacted by the Program Office when your application is processed or any other action is required by you. i I httne- Urrmnfe ninncrini nnu/ nmcrvtr /eiihmitAn"lieptinri rin 6/Z /MIA AGENDA BILL BA CITY OF BREMERTON CITY COUNCIL ......................................................... ............................... SUBJECT: Ordinance No. 5250 amending Study Session Date: June 11, 2014 Title 15 of the Bremerton Municipal Code COUNCIL MEETING Date: June 16, 2014 entitled "Municipal Utilities" Department: PW &U Presenter: Wayne Hamilton Phone: 473 -5207 SUMMARY: The Department of Public Works and Utilities has reviewed and made changes and corrections to the existing Bremerton Municipal Code. The purpose of Title 15 is to regulate City utility operations to provide continued safe and reliable utility services to the residents of the City of Bremerton and those non - residents the City agrees to serve. Municipal utilities include potable water, wastewater and stormwater, and operations related to the administration of these systems and assets. ATTACHMENTS: 1) Ordinance No. 5250 amending Title 15 FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda © General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5250 amending Title 15 of the Bremerton Municipal Code entitled Municipal Utilities. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 ORDINANCE NO. 5a 50 AN ORDINANCE of the City Council of the City of Bremerton, Washington amending Title 15 of the Bremerton Municipal Code entitled "Municipal Utilities." WHEREAS, the City Council desires to amend Title 15 of the Bremerton Municipal Code to update provisions relating to municipal utilities; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Title 15 of the Bremerton Municipal Code entitled "Municipal Utilities" is hereby amended to read as follows: Chapter15.01 GENERAL PROVISIONS 15.01.010 UTILITY OPERATIONS. It is the purpose of this title to regulate City utility operations so as to provide continued safe and reliable utility service to the residents of the City of Bremerton and to those non- residents the City agrees to serve. It is the City's policy to provide sufficient revenue from those served through the fees - aes Assessments, Rates, Fees, and Charges set forth in Chapter 15.06 BMC ef this - liffllo-to support the costs of operation, capitalization and debt service of the municipal utilities. Municipal utilities shall include potable water, wastewater and stormwater systems, and those operations related to the efficient administration of these systems and their assets. 15.01.015 ENGINEERING DESIGN AND CONSTRUCTION STANDARD UPDATES. The Public Works and Utilities Director er- designee -is authorized to update and revise all Standards in this title as deemed appropriate. 15.01.020 DEFINITIONS. The terms used in this title shall mean the following, except where the context otherwise requires: (a) Definitions "A ": "Active account" shall mean an account that has current usage, billing and payment activity. "Active water service" shall mean that the water meter for the service location has registered consumption. "AKART" shall mean all known, available, and reasonable methods of prevention, control, and treatment. See also the State Water Pollution Control Act, RCW 90.48.0 10 and 90.48.520. "As- graded" shall mean the extent of surface conditions on completion of grading. 1 Title 15 Amendments "Average daily" shall mean the total quantity divided by the number of days of waste or stormwater discharge or water use by the typical user in a user class. (b) Definitions `B ": "Backflow" shall mean the flow of water or other liquids, mixtures or substances into the distribution system of the public water supply from any source or sources other than the intended source. "Backflow prevention device" shall mean a device to counteract back pressure and prevent back siphonage or back flow. "Best management practices (BMPs)" means a technique or methodology that, through experience and research, has proven to reliably lead to a desired result. "BOD (Biochemical oxvgen demand)" The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees centigrade, expressed in parts per million or milligrams per liter mg/L) by weight using the current accepted "Standard Analytical Laboratory Methods Manual." "Bulkhead" shall mean a seawall or rock embankment constructed along the waterfront to protect the land behind it from erosion by waves and tidal action of the sea. (c) Definitions "C ": "Caliper-2 shell a the di o f a t Fe e t-, nk as a e„1 at a height o f f o f (4) 1VV above th th sl„ side e f the t«e . ' "Capital costs" shall mean the total costs of physical system improvements (exclusive of repair and replacement costs covered under operation and maintenance costs), including, but not limited to, the costs of direct construction, engineering, financing, legal fees, real estate, right -of- way, debt service, and other costs associated with such improvements. "Clearing" shall mean the destruction and removal of vegetation by manual, mechanical, or chemical methods. This definition shall include grubbing vegetation. "Clearing and grading permit" shall mean the written approval of the City of Bremerton building inspector to proceed with the act of clearing property within the City limits of Bremerton. The clearing and grading permit includes the associated approved plans and any conditions of approval as well as the permit form itself. "City" means City of Bremerton. "Combined sewer" shall mean a sewer intended to convey sanitary sewage, industrial wastes, and storm and surface water in a single system. "Commercial P' shall mean any user whose business or nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand is less than two hundred one (20 1) mg/l. "Commercial II " shall mean any user whose business or nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand ranges from four hundred one (40 1) to six hundred (600) mg/l. "Commercial III" shall mean any user whose business or nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand ranges from two hundred one (20 1) to four hundred (400) mg/l. The commercial III user shall have some form of pretreatment in place to reduce the discharge strength. The user must have an appropriately sized, properly installed regularly maintained and sufficiently documented type of treatment device in place to help reduce the strength of their sewer discharge. "Commercial Agriculture" shall mean those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the production of crops or livestock for wholesale 2 Title 15 Amendments trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has laid idle for more than five (5) Years, unless the idle land is registered in a federal or state soil conservation program, or unless the activity is maintenance or irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. "Commercial business with living units" shall mean a business with residential living units attached; the utility rates will be based on the business type. "Commercial property" shall mean a parcel of property which is developed for nonresidential purposes. "Commercial special" shall mean any user whose business or nonresidential wastewater discharge whose total suspended solids (TSS) and biochemical oxygen demand (BOD) exceeds six hundred one (601) mg/l. These users will be charged for wastewater services on the basis of their specific discharge, which provides equitable recovery of the City's cost of conveying, owning, operating, and maintaining the wastewater treatment system, rather than average class strength. "Condo (Condo) shall mean an apartment that is individually owned but the land is jointly owned by all homeowners. "Connection fee" shall mean charges made for connection to the utility system. The connection fees will include the costs of tapping the water main, sewer main or storm main, installing the service and meter, restoring the surface, and all other costs associated with the physical connection of the customer system to the City utility system. "Construction charge and special fees" shall mean those charges made by the City to cover its unreimbursed construction costs for installing special facilities not covered by connection fees and general facility fees. "Contract user" shall mean any user who, by virtue of the amount, strength, or location of its discharge or the conditions of service, requires a contractual basis for service to be equitably served. "Creek" shall mean those areas where surface waters flow sufficiently to produce a defined channel or bed. A defined channel or bed is indicated by hydraulically sorted sediments or the removal of vegetative litter or loosely rooted vegetation by the action of moving water. The channel or bed need not contain water year around. This definition is not meant to include stormwater runoff devices or other entirely artificial watercourses unless they are used to store and/or convey pass - through stream flows naturally occurring prior to construction. "Critical area" shall mean any area designated as a critical area pursuant to RCW 36.70A.170 and Chapter 20.14 BMC. "Cross connection" shall mean any physical arrangement whereby publ irajbLCi ty i water supgl �- sy tem is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated water, sewage, or other waste or liquids of unknown or unsafe quality that may be capable of imparting contamination to the Cwater shy - sy tem as a result of backflow. Bypass arrangements, jumper connections, removal sections, swivel or changeover devices, and other temporary or permanent devices through which or because of which backflow could occur are considered to be a cross connections. "Cubic feet (CF)" shall mean cubic feet of measure. (d) Definitions "D": 3 Title 15 Amendments "Deactivated meters" shall mean utility accounts where the customer request d%t -the water and wastewatef ser-viees &ad billing be suspended. The eustemer- will not be billed fer- wa4ef: ° wastewater sefyiees btA shall be Mlle f r- stefm eAe- sefviees.meter to be shut off and locked, and the water /wastewater services and associated billings be temporarily suspended. The account will continue to be billed for stormwater until the meter is reactivated. "Degradation" shall mean deterioration of an area including, but is not limited to, impacts such as sedimentation, erosion, and loss of shading, light, and noise. "Department" shall mean the Department of Public Works and Utilities. "Developed lot" shall mean a lot or parcel of land upon which a structure(s) is located, which cannot be more intensively developed pursuant to the Bremerton zoning code, and which cannot be further subdivided pursuant to City subdivision regulations. "Development" shall mean any activity that requires federal, state, or local approval for the use or modification of land or its resource. These activities include, but are not limited to, subdivision and short subdivisions; binding site plans; planned unit developments; variances; shoreline substantial development; clearing activity; excavation; embankment; fill and grade work; converting fallow land or undeveloped land to agricultural purposes; activity conditionally allowed; building or construction; revocable encroachment permits; and septic approval. "Development area" shall mean an area where the movement of earth or a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography occurs as a result of an applicant's development plans. "Director" shall mean the Director of Public Works and Utilities or any other duly authorized representative designated by the Director as the person responsible for technical direction of this code. "Drainage basin" shall mean an area from which runoff water collects to be discharged into a stream or other -Natefbedy body of water "Drainage plan" shall mean a plan for receiving, handling, and transporting stormwater or surface water runoff within the site. "Drip line of a tr-ee" shall mean a liae pr-ejeeted to the ground delineating the outefffiest "Driveway drain" shall mean a drain typically located below street grade at the bottom of a sloped driveway. "Dry season" shall mean the months of May through September. "Duplex" shall mean a residential unit containing two (2) separate dwelling units with any configuration or two (2) dwelling units located on one parcel. (e) Definitions "E ": "Earth" shall mean the natural mineral and organic material forming the soil and its underlying substance. For the purposes of this chapter, earth shall include sand, gravel, and ledge rock. "Ecology" shall mean the Washington State Department of Ecology. "Emergency" shall mean a situation demanding immediate action with threat to life, property or environment. "Engineered fill" shall mean soil fill, which is wetted or dried to near its optimum moisture content, placed in lifts of twelve (12) inches or less and each lift compacted to a minimum percent compaction as specified by a geotechnical engineer. "Engineering Design and Construction Standards" shall mean the City of Bremerton's Standards for Work in Rights -of -Way. 4 Title 15 Amendments "Equivalent residential unit (ERU)" shall mean a unit of measurement equivalent to an average single family residence. This measurement shall be used to determine sewer general facility charges. ERUs cannot be transferred from one property or account to another property or account. "Excavate" shall mean the mechanical removal of earth material, including soil, sand, gravel, rock, concrete or asphalt. "Existing service" shall mean a functioning water service line or sewer lateral that is physically located at the parcel. "Existing site conditions" shall mean: For developed sites with stormwater facilities that have been constructed to meet the standards in the minimum requirements of the ordinance codified in this section, existing site conditions shall mean the existing conditions on the site; For developed sites that do not have stormwater facilities that meet the minimum requirements, existing site conditions shall mean the conditions that existed prior to local government adoption of the ordinance codified in this section. If in question, the existing site conditions shall be documented by aerial photograph records, or other appropriate means; For all sites in water quality sensitive areas, existing site conditions shall mean undisturbed forest for the purpose of calculating runoff characteristics; and/or For all undeveloped sites outside of water quality sensitive areas, existing site conditions shall mean the existing conditions on the site. "Expanded service" shall mean the increase in water service based on the addition or increase in size in water meter(s) serving the customer, the increase in wastewater service based on equivalent residential units or the increase in stormwater service based on impervious surface units. "Extended line" shall mean a privately financed water, wastewater or stormwater main constructed with the written approval of the Director or their designee. (f) Definitions "F": "Facility" means any food processing_ establishment, food sales establishment, or food service establishment. "Fats, oils and greases" means organic compounds derived from animal and/or plan t sources that contain multiple carbon triglyceride molecules. These substances are detectable and measurable using analytical procedures established in Title 40 of the Code of Federal Regulations Part 136 (40 CFR 136). Commonly referred to as 'Polar." "Fill" means a deposit of earth material placed by artificial means to increase the ground surface elevation or to replace excavated material: "Food" means any raw, cooked, or processed edible substance, ice, or ingredient used or intended for use or sale in whole or in part for consumption. "Food processing establishment (FPE)" means a commercial establishment in which food is manufactured or packaged for consumption. "Food sales establishment (FSE)" means retail and wholesale grocery stores, retail seafood stores, food processing plants, bakeries, confectioneries, fruit, nuts and vegetable stores and places of business and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off premises. "Food service establishments (FSE)" means any establishment for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products and/or are required to have a Food Business Permit issued by Kitsap County Department of 5 Title 15 Amendments Health. The term includes: restaurants, coffee shops, cafeterias, short order cafes, luncheonettes, taverns, lunchrooms, places which manufacture retail sandwiches, soda fountains, institutional cafeterias, catering establishments, food vending vehicles, and operations connected therewith; and similar facilities by whatever name called. "Force main" shall mean a sanitary sewer pressurized pipe system used to transfer wastewater from a sewer lift station to the wastewater treatment facility. "Fourplex" shall mean a residential unit containing four separate dwelling units with any configuration or four dwelling units located on one (1) parcel. (g) Definitions "G ": "General facilities charges (GFC)" shall mean the charge established to reflect the proportionate cost share for existing source, treatment, distribution, transmission, collection, interception, and storage facilities that will be paid on all new and/or expanded utility connections to the City utility. "Geologically hazardous areas" shall mean areas as defined in the City's Critical Areas Ordinance and includes areas that because of their susceptibility to erosion, sliding, earthquake or other geological events are not suited to the siting of commercial, residential or industrial development consistent with public health or safety concerns. " Geotechnical engineer" shall mean a professional engineer currently registered in the state of Washington, qualified by reason of experience and education in the practice of geotechnical engineering, and designated by the owner as the geotechnical engineer of record for the project. "Grading" shall mean the movement of earth material through mechanical or other means to create the finished surface and contour of a project site. "Grease" means rendered animal fat, vegetable shortening, and other such oily matter used for the purposes of and resulting from preparing and/or cooking food. "Grease removal unit" means a device designed to separate fats, oils, and grease from liquid waste prior to the wastewater entering the wastewater system. "Grease interceptor" means an interceptor of at least seven hundred fifty (750) gallon capacity whose rated flow exceeds fift(50) gallons per minute (gpm) to serve one (1 ) or more fixtures and which is remotely located underground and outside of a food service facility. It is designed to collect, contain or remove food wastes and grease from the waste stream while allowing the balance of the liquid waste ("ray water ") to discharge to the wastewater collection system by agr vity. "Grease trap" means a device located inside a food service facility designed to retain grease from one (1) to a maximum of four (4) fixtures whose rated flow is fifty (50) gallons minute (gpm) or less. It is designed to collect, contain or remove food wastes and grease from the waste stream while allowing the balance of the liquid waste to discharge to the wastewater collection system by avity or mechanical means. "Grinder pump" shall mean a system that takes liquid wastes from a home/business and pumps the waste to the City's sewage conveyance system located in the public right -of -way. The 'gander pump system includes a pump, pump basin piping and electrical controls "Ground cover" shall mean a dense covering of small plants such as salal, ivy, ferns, mosses, grasses, or other types of vegetation with a trunk or stem size less than four inches in diameter and which normally cover the ground. "Ground water" shall mean water in a saturated zone or stratum beneath the surface of land or a surface water body. 6 Title 15 Amendments "Grubbing" shall mean the act of removing vegetation by the roots. (h) Definitions "H ": "Hard surface" means an impervious surface, a permeable pavement, or a vegetated roof. "Hazardous materials" means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. "Health Officer" shall mean the Kitsap Health District Health Officer or designee. "Hundred cubic feet (HCF)" shall mean hundred cubic feet of measure. "Hyperchlorinated" means water that contains more than ten (10) mg/1 chlorine. (i) Definitions "I ": "Illicit connection" means any manmade conveyance that is connected to a ffffiffieipal the stormwater s, s� tem without a permit, excluding roof drains and other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system. "Illicit discharge" means any direct or indirect nonstormwater discharge to the City's storm drain system, except as expressly exempted by this chapter. "Inactive account" shall mean an account that has no current usage, billing or payment activity. "Inactive water service" shall mean that the water meter for the service location has not registered any noticeable consumption. Some of the reasons for inactivity would be by a customer's request, shut off for nonpayment, requested deactivation or the water meter has been removed for non - usage. Industrial User. (See "Commercial special "). "Infiltration" shall mean ground water entering the wastewater or stormwater system through open pipe joints, cracks in manhole walls, and cracked pipe. "Inflow" shall mean rainwater or other clean water that enters the wastewater system through roof leader connections, catch basins, yard and foundation drains, perforated manhole covers, and other openings to the wastewater system. "Impervious /hard surface unit (IHSU) (ISU) shall mean a configuration or conglomeration of impervious surface. One (1) impervious surface unit (IHSU) is equivalent to two thousand five hundred (2,500) square feet of impervious surface area. "Improper stormwater inflow" or "improper connection" shall mean any kind of stormwater connection or inflow to the wastewater system prohibited by this chapter including, but not limited to: roof drains, parking lot drains, curtain drains, driveway drains and sump pumps. "Reef drains" shall mean any dev,-aspout, seupper- er- deviee that eelleets and eefiveys Vafkiag lot drain" shall mean any dr-ain or- eateh basin that eelleets steFfflwater- FtM le—m within the een€mes -e€ a parking let sueh -as- these ifrpaypaiking lets apaAffient „a i„ 7 Title 15 Amendments " Stunp pump building's steFm system er- to the gFound suffare. A su" pump that eelleets and eeaveys gr-etmd water- e building's sys*M is eeEmeetion. A sump pump that selleets and eenveys gr-etmd water- e imfa the afea within the waste, leeated within the foun&fien feetpriat to be eenneeted te the wastewater- system. This is due te the potential for- eeataminatien by htiman detergents or- Othff househeld ehefnieals or- oils "Improved premises" shall mean any area which has been altered such that the runoff from the site is greater than runoff prior to development. (1) Definitions "L ": "Lakes" shall mean natural or artificial bodies of water of two or more acres and/or where the deepest part of the basin at low water exceeds two meters (6.6 feet). Artificial bodies of water with a recirculation system approved by the public works department are not included in this definition. "Land development permit" shall mean a preliminary or final plat for a single - family residential development; a building permit; site plan; preliminary or final planned unit development plan. "Lateral sewer" shall mean a sanitary sewer constructed within a public right -of -way between the niainfine4wikstandard gam, sanitarX sewer and the right -of -way line in accordance with current Engineering Design and Construction Standards. "Low impact development (LID)" shall mean a stormwater and land use management strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on -site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. (m) Definitions "M": Mainline Sewer-. (See " Tfunk rr "Mechanical equipment" shall mean all motorized equipment used for earth moving, trenching, excavation, gardening, landscaping, and general property maintenance exceeding twelve (12) horsepower in size. "Minimum design capability" means the design features of a grease intercetitor and its ability to or the volume required to effectively intercept and retain greases from grease -laden wastewaters discharged to wastewater system. "Multifamily units" shall mean a parcel of property which has been legally developed with more than two (2) residential living units. "Municipal separate storm sewer system (MS4)" means a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains, which are: (a) Owned or operated by the City of Bremerton; (b) Designed or used for collecting or conveying stormwater; and (c) Not part of a publicly owned treatment works (POTW) and not a combined sewer. 8 Title 15 Amendments (n) Definitions "N ": "National pollutant discharge elimination system (NPDES) stormwater discharge permit" shall mean a permit issued by the Environmental Protection Agency (EPA) (or by the Washington Department of Ecology under authority delegated pursuant to 33 USC Section 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area -wide basis. "Native growth area" shall mean a restrictive area where all native, predevelopment vegetation shall not be disturbed or removed except for removal pursuant to an enhancement program approved pursuant to this chapter or to remove dead or diseased vegetation. The purpose of the area is to protect steep slopes, slopes with erosion potential, landslide and seismic hazards, creeks, wetlands and/or riparian corridors, wildlife, and areas shown on the environmentally sensitive areas map. This area shall be defined during the development review process and shown on the recorded plat, short plat or approved site plan. "Natural location" shall mean the location of those channels, swales, and other non - manmade conveyance systems as defined by topographic contours existing for the subject property, as defined from maps or photographs, or such other historical means as appropriate. "New development" shall mean the following activities: land disturbing activities, structural development, including construction, installation or expansion of a building or other structure; creation of impervious and hard surfaces; Class IV — general forest practices that are conversions from timber land to other uses; and subdivision and short subdivision of land as defined in RCW 58.17.020. All other-forest practices and commercial agriculture are not considered new development. "Nonpolar (mineral origin)" means any water or waste which contains more than one hundred (100) parts per million (1,000,000) by weight of fat, oil or grease as measured using analytical procedures established in 40 CFR Part 136. "Non - stormwater discharge" shall mean any discharge to the storm drain system that is not composed entirely of stormwater. "Notice of intent for construction activity" means the application form for coverage under the construction stormwater general permit. (o) Definitions "O ": "Occupied property" shall mean real property on which a structure exists that is being served and being billed by an existing or temporary utility facility. "Open space" shall mean land set aside for public or private use within a development that is not built upon. "Operation and maintenance costs (O & M costs)" shall mean the total cost of operating and maintaining the utility system, including, but not necessarily limited to, costs for labor, supplies and materials, utility services, vendor services, equipment usage, testing, taxes and assessments. " Outfall" shall mean point source as defined by 40 CFR 122.2 at the point where a discharge leaves the MS4 and discharges to waters of the state. Outfall does not include pipes, tunnels, or other conveyances which connect segments of the same stream or other surface waters and are used to convey primarily surface waters (i.e., culverts). (p) Definitions "P ": "Parcel" shall mean a distinct tract, section, or plot of a piece of land usually a division of a larger area. 9 Title 15 Amendments "Parking lot drain" shall mean any drain or catch basin that collects stormwater runoff located within the confines of a parking lot such as those in pay parkin lots, ots_ apartment complexes, shopping centers, etc. "Partially developed lot" shall mean a lot or parcel of land upon which a structure is located and which is of sufficient area so as to be capable of accommodating additional development pursuant to the Bremerton zoning code; or which may be subdivided in accordance with the City of Bremerton subdivision chapter. "Permanent stormwater quality control plan (PSQC)" shall mean a plan which includes permanent BMPs for the control of pollution from stormwater runoff after construction and/or land disturbing activity has been completed. "Permeable" shall mean soil or other material that allows the infiltration or passage of water or other liquids. "Permeable pavement" shall mean pervious concrete, porous asphalt, permeable pavers or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir. "Permit" shall mean a written legal authorization to conduct an action. "Person" shall mean any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner of a premises or as the owner's agent. "Pervious surface" shall mean any surface material that allows stormwater to infiltrate into the ground. Examples include lawn, landscape, pasture, native vegetation areas, and permeable pavements. "Polar (animal and vegetable origin)" means any water or waste which has visible fats, oils or grease floating on the surface or adhering to the sides of the sample containers. "Pollution" shall mean contamination or other alteration of the physical, chemical, or biological properties of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to alter the ecosystem so as to endanger domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life. Further defined in the Washington State Surface Water Quality Standards (Chapter 173 -201A WAC), Ground Water Quality Standards (Chapter 173 -200 WAC), Sediment Management Standards (Chapter 173 -204 WAC), or human health -based criteria in the national Toxics Rule (Federal Register, Vol. 57, NO. 246, Dec. 22, 1992, pages 60848- 60923). "Premises" shall mean a single tract of land, building, or portion of a building under a single control and ownership. "Pressure line" shall mean a sanitary sewer through which wastewater must be forced by pumping or gravity pressure to a point of collection. "Public utilities construction agreement (PUCA)" shall mean an agreement between the City, the developer, and the developer's contractor to construct utility improvements to serve a proposed development. "Publicly owned treatment works (POTW)" shall mean any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned. 10 Title 15 Amendments M Definitions "R ": "Reimbursement agreement" shall mean an agreement entered into between the installer of a utility facility and the Department for the purpose of reimbursing the installer for all or part of the costs for installation or extension of the utility system by subsequent development for the facility defined in the agreement. "Removal" shall mean the actual destruction or causing the effective destruction through damaging, poisoning or other direct or indirect actions resulting in the death of a tree or ground cover. "Renderingidisposal company." Any facility that has a grease interceptor shall utilize a licensed rendering and disposal company. "Reekefy or- r-eek wall" shall mean one er- fner-e eetimes of !of-go r-eeks staeked no" "Roof drains" shall mean any downspout, scupper or device that collects and conveys stormwater runoff from a roof surface: "Routine landscape maintenance" shall mean pruning, weeding, planting annuals, mowing turf lands and ground cover management which is undertaken by a person in connection with the normal maintenance and repair of property. This definition does not include falling or topping of trees or removal of invasive plants resulting from lack of regular maintenance. (s,) Definitions "S ": "Sanitary sewage" shall mean the liquid wastes and all constituents therein that are related to the use of such sanitation facilities, toilets, bathtubs, showers, sinks, dishwashers, washing machines, garbage grinders, and other devices. However, any other water that enters sanitary or combined sewers before or after discharge by a user shall thereafter also be called sewage. "Sewage" is essentially synonymous with the term "wastewater," except that wastewater may also contain liquid wastes discharged from industrial operations or processes. "Sanitary sewer" shall mean only those portions of the wastewater system which are designated to carry, transport, or dispose of wastewater. "Sedimentation" shall mean the process of gravity- induced settling, sinking and deposition of fragmented rock, soil, or organic particles displaced, transported, and deposited by erosive water -based processes. "Septage waste" shall mean waste material pumped from an on -site wastewater disposal system such as a septic tank or cesspool or holding tank. "Siltation" shall mean deposition of soil, sand, and gravel on the surface or in stormwater conveyance systems as a result of erosion in tributary areas and transport by runoff water. "Single- family parcel or unit" shall mean a parcel which has been developed with a single - family living unit. "Site" shall mean the portion of a piece of property which is directly subject to development. "Slope" shall mean the inclination of a surface expressed in a ratio of horizontal run to vertical rise measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), as 2:1. A 2:1 slope is a fifty (50) percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a ninety (90) degrees slope being vertical (maximum) and forty -five (45) degrees being a 1:1 or one hundred (100) percent slope. 11 Title 15 Amendments "Standard construction costs" shall mean the total cost of installation of a utility piping system, including the cost of all manholes, distribution system, or incidental work necessary to place the utility system in service, meeting the minimum size and installation requirements of the utility for the intended service. "Standard gravity sanitary sewer" shall mean a sanitary trunk sewer conveying flow to a point of collection without pumping and constructed in accordance with current Engineering Design and Construction Standards. "Standard gravity sewer connection" shall mean a connection made to a gravity trunk or lateral sanitary sewer of the City, except those City sewer lines located on the waterfront or pressure sewer line. "Standard stormwater sewer" shall mean a stormwater line not less than twelve (12) inches in diameter and constructed in accordance with current Engineering Design and Construction Standards. "Standard water main" shall mean a water distribution line constructed in accordance with current Engineering Design and Construction Standards. "Standards" shall mean the current Engineering Design and Construction Standards for the City of Bremerton. "Stormwater management manual" or "stormwater manual" shall mean the latest version of the Washington Department of Ecology Stormwater Management Manual for Western Washington (SWMhl)M Kitsap County Stormwater Management Manual and the Low Impact Development (LID) Guidance Manual for Kitsap County, Low Impact Development Technical Guidance Manual for Puget Sound (LID Manual) by Washington State University and Puget Sound Partnership and such other standards incorporated in the "Engineering Design and Construction Standards." "Stormwater pollution prevention plan (SWPPP)" shall mean a report containing a narrative and drawings used to explain and justify the pollution prevention decisions made for a particular project. The narrative contains concise information concerning existing site conditions, construction schedules, and other pertinent items that are not contained on the drawings. The drawings and notes describe where and when the various BMPs should be installed, the performance the BMPs are expected to achieve, and actions to be taken if the performance goals are not achieved. It also means a document which describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a premises and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. "Stormwater site plan" shall mean a comprehensive site plan and report containing all of the technical information and analysis necessary for the City of Bremerton to evaluate a proposed new development or redevelopment project for compliance with the Bremerton Municipal Code, and the Stormwater Manual. Contents of the stormwater site plan will vary with the type and size of the project, and individual site characteristics. "Stormwater system" shall mean all facilities for collecting, transporting, pumping, treating and discharging stormwater. "Sub- basin" shall mean the smallest unit into which the land surface is subdivided for hydrologic study purposes. "Sump pump" shall mean a pump that conveys ground water or stormwater runoff away from a sensitive area of a property to prevent flooding or property damage. A sump pump that discharges into a sanitary sewer or wastewater system is an improper connection. 12 Title 15 Amendments "SWMMWW" shall mean the current version of the Washington State Department of Ecology's Stormwater Management Manual for Western Washington. (t) Definitions "T ": "Total suspended solids (TSS)" shall mean materials that either float on the surface of or, are in suspension in, water, sewage, or other liquids, and which are removable by laboratory filtering using the current accepted "Standard Analytical Laboratory Methods Manual." "Townhouse" shall mean a row of homes that share common walls but ownership includes the land to each individual owner. "T-r-ee" shall mean any living weedy plaftt ehar-aeter-ized by ene main stem er- kimk and "Triplex" shall mean a multifamily residential unit containing three separate dwelling units with any configuration or three dwelling units located on one parcel. (u) Definitions "U ": "Undeveloped parcel" shall mean any parcel of real property that has no structure or improvement requiring utility service or has not been altered by grading or filling of the ground surface, or by construction of any improvement or other impervious surface area that affects the hydraulic properties of the parcel. "Uniform Plumbing Code (UPC)" shall mean the latest version of the Uniform Plumbing Code that has been accepted by the City of Bremerton. "User" shall mean any person, business, or institution owning or controlling property for which utility service is provided and who is responsible for an account. "User parcel" shall mean any parcel of land within the utility service area to which water, wastewater, or stormwater service is currently provided or to which a charge is imposed therefor, or any other land with any significant manmade impervious surface. "Utility" shall mean the water, wastewater, and stormwater utility systems of the City. "Utility service agreement (USA)" shall mean an agreement that the person requesting utility service signs, which constitutes a contract with the utility. "Utility service rates" shall mean the rates charged for services. These will include the zero usage fixed fees which are for the maintenance and repair of the utility infrastructure and commodity charge for usage. Based on service location, other associated rates, fees and charges may be applied to the customer's account. (w)_ Definitions "W ": "Wastewater" shall mean liquid wastes, and all constituents dissolved or suspended therein, discharged by residential, commercial, or industrial users of the wastewater facilities system. "Wastewater" is essentially synonymous with the term "sewage." "Wastewater system" shall mean all facilities for collecting, transporting, pumping, treating, and disposing of sewage, including sludge- utilization. "Water meter" shall mean a device used to measure and record the amount of water flowing through a pipe. "Water system" shall mean all facilities for treatment, storage, pumping, transmission and distribution of water. "Watershed" shall mean a geographic region within which water drains into a particular river, stream, or body of water as identified and numbered by the State of Washington Water Resource Inventory Areas (WRIAs) as defined in Chapter 173 -500 WAC. "Wet season" shall mean the months of October through April. 13 Title 15 Amendments "Wetlands" shall mean those areas as defined in the City's Critical Areas Ordinance and include areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adopted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. "Wetponds" shall mean drainage facilities for water quality treatment that contain permanent pools of water that are filled during the initial runoff from a storm event. They are designed to optimize water quality by providing retention time in order to settle out particles of fine sediment to which pollutants such as heavy metals absorb. They also allow biologic activity to occur that metabolizes nutrients and organic pollutants. 15.01.030 UTILITY SERVICE AGREEMENT. (a) Each customer of the utility and any person requesting utility service from the utility for water, wastewater, or stormwater shall be required to make application and enter into a utility -Utili servie&- Service agfeement Agreements shall be executed prior to connection to the utility system or activation of the account. (b) The agreement- Utility Service Agreement shall include the name and address of the owner and the service address of the premises served together with the service requested. The agreement shall be signed by the owner of the property or the owner's leis- designated agent and shall be filed with the Department. The application will have all fees and charges required for a fully executed Utility Service Agreement. No partial Utility Service Agreement will be issued or approved; all services will be listed on the Utility Service Agreement at time of application. The applicant shall pay all fees for installation of the utility services as herein provided at the time of filing. If all fees (water, wastewater, stormwater ) are not paid the City shall remove the water meter or not install the water meter until such fees are paid. (c) The agFee rent- Utility Service Agreement and/or the utility billing owner /tenant change for service shall constitute a contract between the applicant and the Department in which the applicant agrees to pay for service provided at the rate and in the manner specified. (d) The agreement shall be effective at the time it is signed by the Director er- #is designee -and charges for service to the premises shall be assessed from date of connection. (e) Estimated fees, assessments, and eenditiens- charges quoted by the Department in writing for utility service shall become invalid after ninety (90) days from the date of the estimate or at the end of the calendar year whichever is first. urAess-the appheant enters into a atility seFviee agreement with the DepaftffieHt tK-1 tj-;A-*- fifne. (f) Every Utility Service Agreement shall become invalid unless the work is scheduled and completed within one hundred eighty (180) days after the Utility Service Agreement is approved. The Director can authorize one (1) one hundred eighty (180) day extension at his or her discretion, based upon determination that such extension is justified based on the facts. The extension and basis for the extension shall be requested in writing. If the Agreement becomes invalid as provided herein, all fees paid to the City for utility services shall remain with the City unless requested for refunds the customer in writing. Prorating of the refund amount shall be determined by the Director, based on the work performed to date, if no work is performed the maximum refund will be eighty percent (80 %) to cover administrative fees. 14 Title 15 Amendments 15.01.040 CONDITIONS OF SERVICE — RETAIL. (a) Access. The Department shall, as a condition of providing utility service, be granted the authority by the property owner to make reasonable periodic inspections of the service connection and related appurtenances. Such inspections may be by the Department or other appropriate agency to enforce any of the provisions of local, State, or federal laws, or any regulation adopted hereunder. Failure to conform to the terms and conditions shall constitute a breach of the agreement, and shall entitle the Department to charge fees and enforce penalties or discontinue the - water service after notice as set forth in BMC 15.07.080 for delinquent water wastewater, stormwater) accounts. (b) Interruption/Failure of Service. The Department reserves the right to temporarily discontinue service at any time without notice to the consumer and the City shall not be liable for damages for such interruption or failure nor be held in breach of contract. It shall further be provided that the City shall not be held responsible for any damages resulting from defective plumbing or appliances on the premises, and the fact that the agents of the Department or City have inspected the plumbing and appliances shall not constitute a basis of recovery. Damages to premises resulting from the utility system having been interrupted or failed shall not constitute a breach of contract on the part of the Department or in any way relieve the consumer from performing the obligations of his contract. 15.01.050 CONDITION OF SERVICE — CONTRACT. The Department may contract for sale of surplus water or collection of wastewater and/or stormwater with other districts or other public agencies providing utility service. Such services shall be through a wholesale contract, under such terms and conditions as shall be deemed fair and equitable by the Department and approved by the City Council. 15.01.060 PENALTY FOR FALSE INFORMATION. The conveyance to the Department of false information in an application for a utility service or adjustment credits shall forfeit the customer's rights to service or credits, and the customer, in the case of a credit adjustment, shall be required to reimburse the amount of the credit received where based upon such false information. 15.01.070 DEVELOPER SYSTEM IMPROVEMENT AGREEMENTS. (a)-- property owner or owners of any specified area situated within the utility service area requiring utility service in conjunction with development or redevelopment may petition the Department to construct public system improvements. The Department shall review the petition, and, subject to the utility eannpr-eheasiye - s tem p lan ; and engineering and economic feasibility, , authorize eenstmet onstruction of the improvements_ speeiPfi g th e The estimated s t s f a id � ,, ffl n t s w ll b d f it r - J " '6 � --- - • „ r�� ? ---- --- --� - - -- _•, ••"•• x:11 Julu l Jl [Aaa pG - �JUia in lu[L When completed and accepted by the Department in writing, and upon receiving � payment, the improvements shall become part of the utility's system and shall be conveyed to the City by bil -e�Deed of Conveyance prior to service. p s n e e (b) if sixty icm t f th p ..eA f ifia .. `uJ i e , a s e e e situ within the utility serviee area petitien the City te eenstmet publie system f the city s 15 Title 15 Amendments installments plus intefest at a Fe4e set in the system impr-eveffient agreeffient with twenty (20) per-eent of the eest due prior- te installation and the balanee tegether- with ki#er-est due within thit4y six (36) menths ef the date from the eemplefien and City meeptmee of the impfevemefA. te syste 3ats and shall exelude eenneetion fees and general f6eility fees. (d) The City may eeas4uet the improvements, en behalf ef the pr-epeFty ev�%er-s utilizing City staff-, negetiated eefAfaets, er- eempetifive bids s*eet to state statutes utility ee ffs para installing the plat's interier- utility system and eenneefien to the utility system at thei pense, 15.01.075 LOCAL IMPROVEMENT DISTRICTS (a) If sixty percent (60 %) or more of the property owners of a specified area situated within the utility service area petition the City to construct public system improvements, the City may construct said improvements upon execution of a Local Improvement District Agreement between the property owners and the City sneci in the he improvements, the terms and conditions for the improvements, and the reimbursement of all costs associated with the improvements. Reimbursement at actual costs, as adjusted by State and Ci regulation, for the improvements may be paid in full or in annual installments, plus interest at a rate determined b the he City based on current market rates. (b) Deferred payments for the construction of system improvements shall be limited to system improvements and shall exclude connection fees, inspection fees, plan check fees, and general facili , charges. (c) The Ci1y may construct the improvements, on behalf of the property owners, utilizing City staff, negotiated contracts, or competitive bids subject to State statutes governing utility construction. 15.01.080 DEVELOPER SYSTEM IMPROVEMENTS — FEES. The subsequent connection to the system improvements by the property owner shall be subject to applicable fees for service to include general facility fees charges , connection fees, and any other applicable fees established under this title. 15.01.090 DEVELOPER SYSTEM PAPRONTMENTS REIMBURSEMENT. installation ef system impmvefaefAs te pr-evide fer- Feimbufseffiefit te evffier-s by ethers benefiting (b) Requests fer- rvimbufsement shall be made in writing pfier to dfafting the system pwper-fies benefiting ftem the utility system impr-evements in a deser-iptien er- a drawing that wiU 16 Title 15 Amendments fifaited -te fifteen (13) yeafs ftem the date of aeeeptan City °'��" fetain fifteen (15) per-eent ef the eest r-eeevery payments fer- maintaining r-eeeFds and 15.01.090 PUBLIC UTILITY CONSTRUCTION AGREEMENT. A permit shall be required b, theme Department for all projects, alterations, repairs, or connections to the utility system. These activities include, but are not limited to, activities associated with the installation of new utilitysystems to be constructed by others and conveyed to the Department under the terms of a Public Utilities Construction Agreement; the opening, alteration, repair, or replacement of the utility system, the connection to the utility system; and the abandonment or disconnection from the utility system. Entering into a Public Utilities Construction Agreement with the City shall not relieve the agreement holder of the responsibility for obtaining such other permits and licenses as may be required by the Department, City, County, or other districts in whose jurisdictions the improvements /repairs are made. The permits shall be available from the Department with fees established by the Assessment, Rates. Fees, and Charges set forth in Chapter 15.06 BMC. 15.01.100 SYSTEM DEVELOPMENT A-ND CONSTRUCTION STANDARDS. The system developmea4 and eenstruefien standefds afe these as defined and adopted in 15.01.100 DEVELOPER SYSTEM IMPROVEMENTS — REIMBURSEMENT AGREEMENTS. (a) The City may enter into reimbursement agreements with property owners responsible for the installation of system improvements to provide for reimbursement to owners by others benefiting from the improvements and connecting to the improvements at a later time. Requests for reimbursement by the property owner pursuant to this section shall be made in writing prior to entering into the Public Utilities Construction Agreement. Specific provisions of reimbursement shall be included in the Reimbursement Agreement. The Department shall determine the area that is subject to the reimbursement and shall identify the properties benefiting from the utility system improvements in a description or a drawing that will become part of the Public Utilities Construction Agreement. (b) Reimbursements will be added to the City's permitting and licensing computer system. (c) Reimbursement from each benefiting_ property owner shall be determined by the Department as stipulated in the system improvement agreement. Cost recovery payments by properties benefiting from connections to developer extensions shall be collected by the City. (d) Reimbursement to the property owner constructing the he improvement shall be limited to fifteen (15) years from the date of acceptance of the improvement. The Cily shall retain fifteen percent (15 %) of the cost recovery payments for maintaining records and administration of the program and forward the remainder of the payment to the property owner who originally constructed the water, wastewater, or stormwater system improvement. 17 Title 15 Amendments 15.01.110 UTILWV PERMIT REQUIRED-. eameetions to the utility system. Those aetivities inelude, bu4 afe not limited to, aeti 1 altefafie eplaeement of the utility systemi the eenneefien to the utility system; and The en4er-ing We a u4ility system impr-evemeat agfeement with the City shall net r-elieve be required by the DepaFtment, City, County of other- distiiets in whose I *sdiations The pefmits shall be available ffefa the DepaAmeat with fees established by the utili Fee and Ra4e Sehedule, 15.01.110 ENGINEERING DESIGN AND CONSTRUCTION STANDARDS (a) The Engineering eering Design and Construction Standards are those as defined and developed by the Department and approved by the Director. (b) An applicant may request a deviation pursuant to BMC 11.12.080(b). 15.01.120 BONDING The Department shall require a performance bond/deposit and warranty bond/deposit for all utility work in accordance with BMC 11.02.220. 15.01.130 AUTHORITY The Department of Public Works and Utilities by and through its Director is charged with the administration and enforcement of the provisions of this title. The Director shall have the authority to: (a) Develop and adopt procedures as needed to implement this Code and to carry out the responsibilities of the Department. (b) Request the assistance of other City departments to administer and enforce this Code. (c) Assign the responsibility for interpretation and application of specified procedures to divisions within the Department of Public Works and Utilities. (d) Require or allow aperformance or maintenance assurance surety when authorized by a provision of this chapter (e) Act as final authority requests for variance from requirements of this title. (f) Amend, interpret, and allow deviations from the Engineering and Design Construction Standards when the Director finds that said reasons are in the best interest of the community. The Director is further authorized to establish minimum requirements for the design and construction of transportation facilities, utilities, and other public infrastructure, and requirements for protecting existing facilities during construction. The Engineering �and Design Construction Standards shall be consistent with this Code and adopted City policies. Modifications to or deviations from adopted Engineering Design and Construction Standards must be supported, in writing, and demonstrate that the public interest is protected, and the modification is based upon sound engineering and/or public safety principles and adequately addresses all relevant functional, safety, maintenance, and aesthetic concerns. If a deviation is 18 Title 15 Amendments requested by an applicant, the Director shall require all necessary information to be provided by the applicant, and the applicant shall pay all City costs, including staff time and consultant fees, associated with reviewing and approving the deviation request. (g) Apply for grants to conduct transportation improvements. Chapter 15.02 WATER 15.02.010 PURPOSE. The or-dinanees eedified in this seefien es This chapter establishes availability, conditions of service, system improvement requirements, and the operation and maintenance of the water system. 15.02.020 ATER SYSTEM PLAN A water-Water system S sy tem Plan shall be developed by the Department as required by WAC 'A 4 �65246- 290 -100 The plan shall be approved by the Mayor, adopted by the City Council, and administered by the Director. 15.02.030 SERVICE AVAILABILITY. Water service is considered available if the property is situated within the water Ichili service area defined in the Water System Plan and is adjacent to the water distfibuti system, and further provided that: (a) The water supply system has the capacity and facilities to accommodate the additional demand, or the property is part of a water system Local Improvement District (LID) or Utility Local Improvement District (ULH)}and has been assessed for water improvements. (b) The connection is consistent with the Water System Plan. (c) The connection is approved and permitted by the Department. (d) The connection is in compliance with applicable federal, state, and local rules, regulations and codes. Any customer or potential customer within the water mss - service area and not adjacent to the water system may be connected to the water system subject to meeting the above requirements: and establishing a Local Improvement District-(LM), Utility Local Improvement District (ULID), or entering into a Public Utilities Construction Agreement with the City for system extension and/or improvements of the water system for service to the premises. For the purposes of this section adjacent shall mean water extended to and though the frontage or to and through the property to potential adjacent development. 15.02.040 SERVICE BEYOND CITY LIMITS. A « e1 e f «e the♦ i „tside e !' it 1:.«:ts m s e A a a tie« to the City as a eendifien of r-eeeiving City utility se Property that is outside existing City limits shall be permitted water service only upon entering into an agfee neat Outside Utility Agreement with the City providing for: (a) Granting to the City of Bremerton a Limited Power of Attorney to include Owner's consent to annexation of the Property as part of any Notice of Intent or Petition for Annexation at s 1eh time as the City ma de ° atepresented to the City of Bremerton 19 Title 15 Amendments (b) Consistent onsistency with any proposed extraterritorial comprehensive Land Use Plan and development standards for the property adopted pursuant to RCW 35.13.177 for new development; and (c) Consistency with adopted City ordinances and policies for new development. (ejd Consistency with the adopted City Water System Plan and En ing eering Design and Construction Standards for new developments City stfeet and subdivision standards fer neiff deft. 15.02.050 WATER SYSTEMS/ ENGINEERING DESIGN AND CONSTRUCTION STANDARDS - GENERAL. All water mains and appurtenances shall be installed by the Department or a contractor licensed in accordance with the provisions of this Chapter in compliance with the System Develepment En ing eering_Design and Construction Standards, and local, state and federal regulations. All water distFibutien feeilifiesUltern extensions shall be installed from the existing water main to the proposed development and along the entire frontage of the premises of the development to be en plat te be served. A ll water dist..ibut main e*te ,, ieas shall be insta The Department may, at its option, require installation of water mains larger than the minimum sizes specified in the System Utilities Develepment En ing Design and Construction Standards to provide for adequate future capacity within the water system. The Depa#fnefft4sC ity may atAer-izedte the entering into a cost sharing agr-eemen4a to contribute to the cost for larger mains or other improvements based upon the eeupr-eheasive p! aFi Water System Plan 15.02.060 ABANDONMENT OF PRIVATE NIALNS Upon completion of a new water main, owners of premises adjacent to or within 250 feet of the main, who are being supplied with City water service through a private main s s�+ tem or have a connection to a private service, shall make application for a new Utility Service Agreement and shall eenneet- with install a separate service connection to the main Service to the private main shall be discontinued ninety (90) days following completion of the new main. 15.02.070 PRIVATE PRESSURE ADJUSTMENT. Where water supply is not available to a premises because of low pressure during periods of peak demands for water, or where property is situated at such an elevation that it cannot be assured of adequate pressure, the owner may, at the owner's expense, install star - age -tame a pump or pump system to furnish auxilimy supply pressure which shall be approved by the Department The auxiliary system shall be appmved by the Depafhneat. The Department approval shall be based on the protection of the safety and integrity of the utilities water system and not on the adequacy of the private system's design for its intended use. The auxiliary system shall be separated from the meter box and remain the property of the property owner, who will be solely responsible for its maintenance and operation. In the event local conditions result in high pressure (exceeding 80 psi), a pressure reducing valve may be required and installed at the expense of the owner. The pressure reducing valve shall be separated from the meter box and remain the property of the property owner who will be solely responsible for its maintenance and operation. 20 Title 15 Amendments i 15.02.080 HYDRANTS. All fire hydrants shall be installed by the Department or a licensed contractor in compliance with the System Development 'ng� Bering Design and Construction Standards. No person other than properly authorized employees or agents of the City shall hall operate fire hydrants. Location and configuration shall be reviewed by the local fire mar4ka4 and Bremerton fire marshal All fire hydrants situated on private property for public use and to be maintained by the Department will require access at all times for operation and maintenance and the dedication of an easement to the City prior to acceptance by the Department. All fire hydrants located on private property for private use shall be connected to the metered system. Such hydrants shall not be maintained by the Department and shall be the sole responsibility of the property owner. 15.02.090 FIRE SERVICE AND IRRIGATION METERING. (al Except as provided for in BMC 18.02.170, all ' fire service lines shall have separate service lines and separate meters, if . If the existing service to the property does not meet the correct flow requirement, the cost to install the correct size will be assessed and paid to the City before work is coWlet,-d. ne ease shall subtmetien type meters be i n st a lle d us ed f er - .,le lade ef wate r - r ate s. All new and existing automatic or manual fire sprinkler (wet and combination standpipe) systems used for fire protection shall be metered at the expense of the owner. Failure to make application for and payment of all fees for the installation of a meter as required on non - metered fire lines within ninety (90) days of notification shall be cause for the discontinuance of water service to the fire protection system. (b) All commercial or industrial sites shall have separate metered service for irrigation if irrigation s part of the approved new development. 15.02.100 SERVICE CONNECTIONS. (a) All service connections shall be installed by the Department in accordance with the System Develepm Engineering Design and Construction Standards. The service connections shall be extended at right angles from the main - water system to a paint- ad}aeextte -the property line and installed within the right -of -way not to exceed forty (40) feet from the main. -and water service line within the public right -of -way afi&shall be maintained by and kept within the exclusive control of the City. Each service connection shall have its own service line and meter. Installation shall be at the expense of the property owner. (b) Whenever an applicant requests and receives water service to a premises that does not front a main, a main shall be installed as a prerequisite to connect to the water system. Cc) _ To service property which does not abut on a public right -of -way in which there is a water main, the Department may install a connection to the most appropriate main. This connection shall be perpendicular to the main to the right -of -way line and installed within the right- of -waX not to exceed forty (40) feet from the main, and permit connection therewith by the owner at the property owner's expense. (d) Every parcel under separate ownership connected to the water system shall be required to install a separate service connection to the water main, and the premises so supplied will not be allowed to supply water to any other premises or parcel However, these restrictions shall not apply to existing services unless improvements are done to 21 Title 15 Amendments the parcel and the separate service and meter can be installed for twenty -five percent 25 %) or less than the total improvement cost of the project or, in the judgment of the Director, such existing connection should be discontinued, . (e_ When a sin le parcel of land having more than one residential or - more r er-structures that afe served by a sinele water meter are-is subdivided, the installation of a new water service(s) w&shall be required for the structures on the newly established lots The expense for installation of the new service(s) will be to the owner that subdivided the property, and application for the serviced will be filed prior to the approval of subdivision. The new service(s) will be subject to all fees including General Facility Charges. (f When an existing structure is removed and a new structure is constructed on the same properly or parcel, a new Utility Service Agreement is required. Any existing water service line that does not meet current Engineering Design and Constructions Standards and requirements shall be flow tested and approved by the Director for reuse. Any existing water service line determined to be substandard must be replaced as directed by the Director at the owner's expense. (g) In new and pre - existing water service connections where one water service serves more than one premises, each and every building or trailer, when connected to one meter, must be provided with a separate shut -off valve. Shut -off valves shall be located so that each may be closed without disrupting water service to the remaining units. Each separate water service not already equipped with a shut -off valve as provided herein must install shut -off valves, at the owner's expense within nine 901 days of notice of defect. Failure to provide such valve, or to shut off the water at such unit when unoccupied, will be considered sufficient reason to deny any adjustment in the water bill in the event of leakage due to these causes. (h) The Department may require or allow additional service connections when such additional service connections are in the best interest of the utility. 15.02.110 CONNECTION SIZE. The size of each water service and tap shall be determined in accordance with C —i-the latest version of the Uniform Plumbing Code and the Fire Safety Code. 15.02.120 METERS. All meters shall be and remain the property of the City and will not be removed unless the use of water on the premises is discontinued,-ff abandoned or otherwise removed by the City. All meters shall be sized as determined in accordance with the latest version of the Uniform Plumbing Code and the Fire Safety Code. 15.02.130 BACKFLOW /_- AND-CROSS- CONNECTION CONTROL AND INSPECTION Service from the Qt�-water su sy tem may be contingent upon the installation of an approved backflow prevention device for the protection of the water ....,,- from backflow. The Department shall require the testing and inspection of all cross - connection control devices within its system to prevent contamination of the Cily water system. The Department shall annually notify all property owners of this requirement. It shall be the responsibility of the property owner to provide for testing and nd inspection by a Washington State certified backflow 22 Title 15 Amendments assemblv tester and to submit to the Department a written backflow assembly test report form of satisfactory completion of the testing and inspection. The Department shall inspect cross - connection control devices, subject to a service fee. Any cross - connection, without the appropriate control device, now in existence or hereafter discovered or installed, shall be declared a prohibited act and shall be enforced accordingly. The control or elimination of cross - connections shall be in accordance with Chapter 246 - 290 -490 WAC. Water service shall be discontinued to any premises for failure to comply with the provisions of this portion of the Code. eempletieft thereof-, the Utility Sefviee AgFeement and ether- peEmits as required tmderr the teEms ef this Cede er- ether- leeal, state er- fedem! regulations M er- neaf the wer-k afea. 15.02.140 WATER SYSTEM OPERATION AND MAINTENANCE - GENERAL. The Department shall be responsible for the operation, maintenance and repair of the water system under its jurisdiction and located within the public right -of -way, dedicated utility easements, and utility-owned property. The Department shall not be responsible for servicing private systems beyond its meters, or for public systems purchasing water under a wholesale contract unless otherwise agreed. When maintenance, repair, or replacement of the water s,, stem is required due to user activity resulting in unsafe, nonconforming, or unauthorized conditions as set forth in this Section, . , expense incurred by the City to abate such conditions shall be the responsibility of the owner(sl in accordance with the current Assessments, Rates, Fees, and Charges set forth in Chapter 15.06 BMC, including any related cost and cost of collection 15.02.145 PROHIBITING FLUORIDATION. The water sy- sy tem of the City of Bremerton shall not be artificially fluoridated; i.e., that fluoride in any chemical form shall not be added, now or in the future, unless so ordained by a majority of the voters in an open election. 15.02.150 INTERRUPTION OF SERVICE - EMERGENGERSEMERGENCY the daily newspapers setfing fefth r-estfietiens en theuse ef water- as may be deemed Beeessafy eF The Department may restrict the use of the water system through regulation or control of the use whenever an emergency exists affecting the water system, or for the purpose of making repairs, extensions, or any other necessary work. Whenever reasonable, and in cases where it has advance knowledge, the Department will make a reasonable attempt to provide notice of such emergency using appropriate methods of 23 Title 15 Amendments communication, setting forth any limitations on the use of the water system that may be deemed necessary for public health and safety. The City shall not be held responsible for any damage to private property resulting from interruption, failure of the water system, or failure of the property owner to comply with the provisions of this Code. 15.02.155 WATER SHORTAGE RESPONSE It is in the public interest for the City to be prepared with an appropriate response in the event of a water shortage situation to protect the health, welfare, and safety of its users. (a) Authority. The Director shall have the authority to declare various stages of water emergencies and to implement the provisions of the Bremerton Water Shortage Contingency Plan. The stages of this plan are advisory, voluntary, mandatory restrictions, and emergency curtailment. (b) Mandatory Water Restrictions. If mandatory water restrictions are declared, the Director shall issue a public notification of the nature of the restrictions. 15.02.160 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS. The City shall be responsible for the integrity, safety, and continuity of the water system. As a condition of the Utility Service Agreement the property owner shall grant the Department the authority to make inspections at any reasonable time if the Department or other appropriate agency has reasonable cause to believe there exists on premises a nonconforming, unauthorized, or unsafe condition or to verify no such condition exists. The Director eF hisdesignee-may enter onto such property to inspect the condition or to perform any duties imposed upon the Department by this Code provided the Department shall first make reasonable efforts to contact the owner or person responsible for such property. The City shall have recourse to every remedy provided by law to secure entry and abate the condition. Such remedy may include, but not be limited to, securing property owner correction; revocation, suspension, or discontinuation of service, permits, or authorizations; removal, reconstruction, replacement, or alteration of unauthorized condition; or all other powers and remedies which may be available under law, this Code, and regulations and procedures adopted hereunder. ensfitute a eivil debt *e *'�° ny expense incurred by the water utility to abate such condition shall be the responsibility of the owner(s), in accordance to the current Assessments, Rates, Fees, and Charges set forth in Chapter 15.06 BMC, including any cost in collection. ra ie .r 02 �rn ti R n CROSS CONNECTION CONTROL WSPECT-10N deviees within its system in er-der- te pfevent eentaminafien ef the publie Water- system. The Depmtfnent shall annually nefify all pr-epeFty owner-s of this mquir-efaea4. it shall be the responsibility ef the pr-epefty ewner- te provide for- testing and inspeefien by a Washingten State The � —c > at i ts ept may i nspeet and test emss eefmeetien eentFel devieesi 24 Title 15 Amendments The installation and maintenanee ef a er-ess eefmeefien deviee that will endanger- the water- quality of the demestie water- supply is prohibited. Any er-ess eenneefien new in e*istenee of: hereafter- diseever-ed er- installed shall be deelafed J shall be abated. The eeatFel or- elimination ef er-ess eemeetions shall be in aeeer-danee with WAG 248 54. Water- ser-viee shall be diseenfinued te any pr-ofnises fer- fail 15.02.180 METER OPERATION AND MAINTENANCE. The Department shall be responsible for all domestic and commercial meters under its jurisdiction. Where the accuracy of the reading of a water meter is questioned, the meter shall be removed at the customer's request and tested. The test may be performed in the owner(s) presence if requested. , if . A written test report will be made. If the test discloses an over registration error against the l�more than three (3.) percent 3� °min the meters registry, the excess of the consumption on the three previous readings shall be credited to the ••s°�- n,eter- ustomer's utility account_. and the DepaAffiefit will beaf the . In the event that the meter is found to be under registering by more than three percent (3 %) in the meter registry, the average loss of consumption of the previous three readings shall be billed to the customer utility account. . feund, the per r the test shall pay the eest e sueh test, For meter tests in excess of one within a twelve month period, the customer shall pay for each additional test. 15.02.190 EXCESSIVE CONSUMPTION. When excessive consumption periodically overloads the capacity of a meter supplying service to any premise, the Director shall determine the size of the service pipe from the main and the size of the meter necessary to give proper service without damage to the meter and shall notify the rp operty owner of the requirement for replacement. The replacement of service connection shall be at the expense of the pLq Failure on the part of the prope owner to comply with the requirement within thirty (30) days shall be cause for the termination of water service until such requirement has been met. 15.02.200 WASTE. Any person or owner receiving water service shall not waste water, or allow it to be wasted, by imperfect or leaking stops, valves, pipes, closets, faucets, or other fixtures, or to use the water for purposes other than those named in the application. Violation shall constitute grounds for the discontinuation of water service. A discontinuance of water service notice will be sent to the customer ig ving them ten (10) days from the date of the notice to correct the problem or the service will be terminated 15.02.210 PROHIBITED ACTS. It shall be unlawful for any person to violate the following be p as i e,... u nless other-wise i e„tsa (a) Tampering. It shall be unlawful for any person, unless duly authorized by the Department, to disturb, repair, interfere with, or damage any water source, water main, 25 Title 15 Amendments pipe, machinery, tools, meters, hydrant, or any building, improvement, or other appurtenances belonging to, connected with, or under the control of the Department. (b) Unlawful Contamination. It shall be unlawful for any person to contaminate, bathe in, or fish in any water s ye sy tem of the City. (c) Water Use During Emergency. It shall be unlawful for any person receiving water from the City to knowingly use water for lawn or garden sprinkling and irrigation purposes on any premises during the progress of a fire or any other emergency condition after notice of such restriction. (d) Obstructing Water Meter or Hydrant. It shall be unlawful for any person to obstruct the access to any water meter or hydrant by placing around or thereon any stones, bricks, lumber, dirt, or other materials; parking or standing vehicles, constructing fences, planting shrubs, or any other obstruction within five (5) feet of any water meter or hydrant. (e) Connection to Unauthorized System. It shall be unlawful to connect the utikty water sa• sy tem to any premises or use not authorized through a service application. This includes connecting an adjoining property or building with a garden hose or some other means to bypass the purchase of a meter or service for that property. (f) Trespass in Closed Watershed. It shall be unlawful for any person to enter or remain on City properties posted as restricted property and facility lands without authorization by the Mayor or the Director. Vielafiens shall be punishable as a gFess lea 15.02.220 VIOLATION — PENALTY (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which monetarypenalty may be assessed and abatement may be required as provided therein. (b) In addition to or as an alternative to, any other penalty provided in this chapter or by law, agy person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). Chapter 15.03 WASTEWATER 15.03.010 PURPOSE. The or raedified in this This chapter establishes availability, conditions of service, system improvement requirements and the operation, and maintenance of the wastewater system. . 15.03.020 WASTEWATER COMPREHENSIVE PLAN. A waste water-Wastewater system -S stem omprehensive �t -Plan shall be developed by the Department in accordance with WAC 173 - 240 -050. The plan shall be approved by the Mayor, adopted by the City Council and administered by the Director. 26 Title 15 Amendments 15.03.030 SERVICE AVAILABILITY. Wastewater service is considered available if the property is situated within the Utility wastewater service area defined in the Wastewater System Comprehensive Plan and is adjacent to the wastewater e-ellestion system, and further provided that: (a) The treatment and ealleetion- wastewater system has the capacity and facilities to accommodate the additional flow, or the property which is part of a Wastewater Local Improvement District (LID) or Utility Local Improvement District (ULID) and has been assessed for sewer improvements. (b) The connection is consistent with the Utility - Wastewater System Comprehensive Plan. (c) The connection is approved and permitted by the Utility Department . (d) The connection is in compliance with applicable federal, state, and local rules, regulations and codes. Any customer or potential customerpmffAses within the Utili 4s- wastewater service area and not adjacent to the Utility eelleeieg system may be connected to the wastewater system subject to meeting the above requirements and the esta blishment a stablishing a Local Improvement District (LID) or Utility Local Improvement District (ULID) and/ entering into a System Public Utilities Construction Agreement with the City for system extension or improvements of the wastewater system for service to the premises. For the 12mose of this section, adjacent shall mean sewer extended to and through the frontage or to and through the property to potential adjacent development. 15.03.040 SERVICE BEYOND CITY LIMITS. Property that is outside existing City limits shall be permitted utility wastewater service only upon entering into an Outside Utility agr-eemeeg- with the City providing for: (a) ranting to the Cily of Bremerton a Limited Power of Attorney to include Owner's consent to annexation of the Property as part of any Notice of Intent or Petition for Annexation presented to the City of Bremerton (b) Eeesisten4 onsistency with any proposed extraterritorial comprehensive Land Use Plan and development standards for the property adopted pursuant to RCW 35.13.177 for new development; and (c) Consistency with adopted City stfeet and subdivision standaMs ordinances and policies for new development (d) Consistency with the adopted City Wastewater Comprehensive Plan and Engineering eerie Design and Construction Standards. 15.03.050 SERVICE - MANDATED. Any premises within two hundred 200 feet of a pehlie- seweF wastewater system where sewage originates and where the Health Officer has determined that a wastewater service connection is required in order to protect public health and safety shall be required to connect to the publie-C�wastewater system. The Health Officer shall serve the owner with a written notice requiring the connection. A copy of such notice shall be provided to the Department. 27 Title 15 Amendments Such connection shall be made within sixty {60) dew the time limit as provided for in the notice-dote. Where connection to publie�Cwastewater system is required, the connection shall be made in accordance with the ft�- onstruction Standards. Whenever connection to the wastewater system is required, the property owner shall be required to remove any connections to cesspools, septic tanks, or other on -site wastewater disposal facilities and install a direct connection to the wastewater system. All abandoned facilities shall be back - filled by the property owner as required by the Health Officer within thirty (30) days from the time of connection to the Ci 's wastewater system or sooner if such facility constitutes a health hazard or public nuisance. The Department is authorized and directed to begin billing and collecting at the time of connection for all wastewater system service charges or sixty (60) days after written notice is served by the Health Officer, whether or not the owner has completed connection to the ieCi 's wastewater system. If the owner fails, neglects, or refuses to connect the property, building, or premises to the wastewater system within the time specified by the notice, the City may make such connection. The cost of the connection shall be assessed against the property and shall become a lien. The City is authorized, empowered, and directed to collect the cost of the connection by either foreclosure of the lien or by a suit against the owner. 15.03.060 CONDITIONS OF SERVICE - BULK TRANSPORT. No person shall discharge materials from a mobile tank into the City wastewater system except at points designated by the Director. Discharge of materials transported from sources outside the Utility SeFvie&AFeawastewater area and from commercial or industrial sources wherever located, may be prohibited at the discretion of the Director. Prior to discharge of materials from a mobile tank, a Department manifest shall be completed and submitted to the Department, identifying source, quantity, and nature of the materials to be discharged. A charge shall be made as provided in BMC 15.06.060 Miscellaneous Fees and Charges. pufsuant to the Utility Rme Sehe&le established for mebile tank disehaEge This charge may include, but not be limited to, discharges containing sewage or leachate from landfills. septic tanks, cesspools, chemical toilets, or similar sewage receptacles. 15.03.070 WASTEWATER SYSTEMSIENGINEERING DESIGN AND CONSTRUCTION STANDARDS - GENERAL. All wastewater sewers and appurtenances shall be installed by the Department or a contractor licensed in accordance with the provisions of this Chapter in compliance with the System En ing_eerin Dg_esi_gg and Construction Standards, and local, state and federal regulations. All sewer-wastewater system extensions shall be installed along the entire frontage of the premises or plat to be served. The Department may, at its option, require installation of sanitary sewers larger than the minimum sizes specified in the System En in�g Design and Construction Standards to provide for adequate capacity within the wastewater system. The Department is authorized to enter into cost sharing agreements to contribute to the cost for larger sanitary sewers or other improvements based upon the Wastewater Systen 28 Title 15 Amendments Upon completion of a new sanitary sewer wastewater system extension owners of premises adjacent to or within two hundred ( 2001 feet of the wastewater system who are being supplied with City wastewater services through a private sewer or connection shall make application for a new Utility Service Agreement and shall eemeet up with Lmstall a separate service connection to the new sanitary sewer. Service from private system shall be discontinued ninety (90) days following completion of the new main. 15.03.080 SERVICE CONNECTIONS. All service connections shall be installed by a contractor licensed in accordance with the provisions of this Chapter in compliance with the Stem DevelepffHmt ins eerin Dg esi n and Construction Standards. The service connections shall be extended at right angles from the sanitar-y sewer- wastewater system to a point adjacent to the property line and shall be maintained by and kept within the exelusive eentfel ef the DepaAmeatthe_property owner Whenever an applicant requests wastewater service to a premises with no frontin s ewer main, a standard sewer main shall be required to be installed as a prerequisite to connection to the wastewater ity system. Every parcel under separate ownership connected to the Utili F- wastewater system shall be required to install a separate service connection to the Utility faeilities main and the premises so supplied will not be allowed to provide service to any other premises. However, these restrictions shall not apply to existing connections unless, improvements are done to the parcel and a separate sewer lateral can be installed for twenty -five percent (25 %) or less than the total improvement cost of the project, or in the judgment of the Director, such existing connection should be discontinued_ disputes. —When a sin le parcel of land having more than one residential ^r- me -e reside ees structures thM are served by eee- single connection is subdivided, the installation of new connections shall be required for the structures on the newly established lots The application for service will be filed prior to the approval of the subdivision. Separate services will be consistent with the provisions of this chapter. 15.03.090 CONNECTION OWNERSHIP. All connection from the wastewater err sy tem to the property line or to the limits of the easement shall be the responsibility of the Dep prope owners and will not be removed unless service to the premises is discontinued or abandoned. Connections shall not be removed or in any way disturbed except by DepaAmefft and/er- as approved approval by-of the Department_ VAea Fequir-ed by the DepaFtment, the pr-epeAy owner- shall install and maintain at thei expense a manhole in the side sewer- to faeilitate ebseFvafien, sampling, and measurement ef the WaSteWatef StFefigths and flows. The manhele shall be leeated as approved by the DepaAffient I 15.03.100 WASTEWATER SAMPLING STATIONS. When required by the Department, the property owner shall install and maintain at their expense a manhole in the side sewer to facilitate observation, sampling, and measurement of the wastewater seen dis -siren h and €lw, The manhole shall be located as approved by the 29 Title 15 Amendments Department and constructed in accordance with the System -Bevelopfaeaffi in�g Design and Construction Standards. 15.03.110 PRELIMINARY TREATMENT FACILITIES. Preliminary treatment may be required by the City if the Biochemical Oxygen Demand (BOD) or Total Suspended Solids (TSS) of the sewage, industrial waste, or wastewater exceeds two hundred fiftyJ200 arts per million (1,000.000) by weight, exceeds Local Limits, or contains prohibited discharges as defined herein, or exceeds other applicable standards or regulations. High conductivity discharges will be carefully evaluated for any discharges. Saltwater discharges can cause corrosion, exacerbate odor problems in the treatment plant, interfere with analysis of samples, and could affect the City's 's ability to reclaim the wastewater for other uses. Such preliminary treatment facilities shall be approved by the Department and constructed, operated, and maintained by the owner at the owner's expense. The daily maximum pollutants allowed into the Ci ty ' s sewe ee4ee a wastewater system from any service shall not exceed the following limits: Arsenic 0.10 mg/L Cadmium 0.10 mg/L Chromium(total) 1.0 mg! Chromium(hexavalent) 0.25 mg/L Copper (total) 0.75 mg/L Lead 0.25 mg! Mercury (total) 0.010 mg! Molybdenum 1.0 mg/L Nickel 0.60 mg/L Selenium 0.10 mg! Silver (total) 0.20 mg! Zinc 2.0 mg/L Cyan ide (de(total) 0.64 mg/L Cyanide (de(free) 0.20 mg/L Ammonia 50.0 mg/L Benzene 0.07 mg/L Ethyl benzene 1.70 mg/L Toluene 1.40 mg/L TPH -G 1.00 mg/L TPH -D 1.00 mg/L pH 6.0-10.0 15.03.120 BACKWATER VALVES. When a premise discharges wastewater into a force main or pressure main or wherever a situation exists involving an unusual danger of backflow, a backwater valve shall be required and shall be installed in a manner accessible for maintenance. The installation and effective operation of the backwater valve shall be the sole responsibility of the owner connecting to the wastewater system. The installation shall meet the requirements of the System DevelepffeHt ing eerin Designn and Construction Standards. 30 Title 15 Amendments 15.03.130 ABANDONMENT. When a property owner demolishes or removes a building which was connected to the wastewater utility collection system, the owner shall be required to expose and plug the side sewer at the property line in accordance with the U4flity Develepmeaffin gineering Design and Construction Standards. A sewer cap ,permit is required to perform this work. 15.03.140 WASTEWATER SYSTEM OPERATION AND MAINTENANCE - GENERAL. The Department shall be responsible for the operation, maintenance, and repair of the wastewater system and appurtenances under its jurisdiction and located within the public right - of -way, dedicated utility easements, and City owned property. The Department shall not be responsible for servicing private systems way to the wastewater s stem, except as provided in this chapter. When maintenance, repair, or replacement of d wastewater system lities is required due to user activity resulting in unsafe, nonconforming, or unauthorized conditions as set forth in this Section, the _ , . any expense incurred by the City to abate such condition shall be the responsibility of the owner(s), in accordance with the current Assessments, Rates, Fees, and Charges set forth in Chapter 15.06 BMC, including any related cost and cost of collection. 15.03.150 INTERRUPTION OF SERVICE - EMERGENCY. The Department may restrict the use of the wastewater system through regulation or control of the use whenever an emergency exists affecting the wastewater eelleefien and 'f°�atmen r system, or for the purpose of making repairs, extensions, or any other necessary work. if fifne Whenever reasonable, and in cases where it has advance knowledge the Department will provide notice of such emergency using appropriate methods of in the dail new spapem ommunication, setting forth any limitations on the use of the wastewater system that may be deemed necessary for public health and safety. The City shall not be held responsible for any damage to private property resulting from interruption, failure of the wastewater system, or failure of the property owner to comply with the provisions of this Code. 15.03.160 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS. The Department shall be responsible for the integrity, safety, and continuity of the wastewater system. As a condition of the Utility Service er-Develepment- Agreement the property owner shall grant the Department the authority to make inspections at any reasonable time if the Department or other appropriate agency has reasonable cause to believe there exists on premises a nonconforming, illegal unauthorized, or unsafe condition or to verify no such condition exists. The Director er- his - designee-may enter onto such property to inspect the condition or to perform any duties imposed upon the Department by this Code provided the Department shall first make reasonable efforts to contact the owner or person responsible for such property. 31 Title 15 Amendments The Department shall have recourse to every remedy provided by law to secure entry and abate the conditions. Such remedies may include, but not be limited to, securing property owner's corrections; revocation, suspension, or discontinuation of service, permits, or authorizations; removal, reconstruction, replacement, or alteration of unauthorized condition; or all other powers and remedies that may be available under this Title and regulations and procedures adopted hereunder. Any expense incurred by the City to abate such condition shall be the responsibility of the owner's), in accordance with the current Assessments, Rates, Fees, and Charges set forth in Chapter 15.06 BMC, including any related cost and cost of collection. 15.03.170 REPAIR OF PRIVATE SYSTEMS. Whenever any private wastewater system connected with the City's wastewater system becomes obstructed, broken, or in disrepair the owner shall make all repairs within five (5) days after notification by the Health Officer or Director. If the owner fails to make repairs within the five -day period, the irector, at his or her discretion, may terminate the wastewater service by termination of the water service to the property being serviced by the subject property When two or more houses or buildings are connected to the same private sewer, the owners shall be jointly and severally liable for work done by the DepaAmentQjjy. If the repairs are , is not constructed and completed in accordance with the provisions of this Code and in compliance with the approved permit, and/or in accordance with the current Engineering Design and Construction Standards, , and if the contractor or person doing the work shall refuse to properly construct and complete such work, notice of such failure or refusal shall be given to the owner of the property, for whom the work is being done, as herein provided. The Director may abate the condition, by either causing the correction to be completed —1- ver-k te be eempleted and the wastewater- system eeaeeeted in the proper manner, or by termination of the water service until the correction is made. Any expense incurred by the City to abate such condition shall be the responsibility of the owner's), in accordance with the current Assessments, Rates, Fees, and Charges set forth in Chapter 15.06 BMC, including any related cost and cost of collection. 15.03.180 EXCESSIVE DISCHARGE. When excessive discharge periodically overloads the capacity of the side sewer supplying service to any premises, the Director shall determine the size of the side sewer from the main necessary to give proper sewer service without damage to the system and causein sewer ewer overflow. The City shall - apA-notify the 2rg owner of the required change in the size of the side sewer installation. The replacement of the side sewer shall be at the expense of the prope owner. Failure on the part of the roe owner to comply with the request within thirty (30) days shall be cause for the termination of wastewater service by termination of the water service to the pro being serviced by the subject pro ytmfil surah ehemge has been made. 32 Title 15 Amendments 15.03.190 WASTEWATER SYSTEM CLEANING. All side sewer cleaning contractors and/or plumbers and owners, engaged in cleaning existing side sewers (as distinguished from plumbing and septic tank facilities) shall notify the Department prior to beginning such operations. 15.03.200 CHANGED SITE CONDITIONS. When an existing structure is removed and a new structure is constructed on the same parcel of p roperty, a new wastewater-Utility Service Development-Agreement is required. Any existing side sewer that does not meet the current Engineering Design and Construction mss- Standards and requirements shall be videoed and approved by the Director for reuse. Any existing side sewer determined to be substandard must be replaced as directed by the DepaAment Director, at the owner's expense 15.03.210 PROHIBITED ACTS. Vielafiens of this seefien shall be punishable as faisdemeafter-s unless ethe ideated It shall be unlawful for any person to violate the following: (a) UfthnvU-Tampering. It shall be unlawful for any person, unless duly authorized by the Department, to disturb, interfere with, or damage any wastewater €aeilities including pipe, machinery, or tools, or buildings, improvements, or other appurtenances belonging to, connected with, or under the jurisdiction of the Department. (b) Prohibited Discharges. It shall be unlawful for any person to deposit in any manhole, lamphee hole flush tank, or sewer opening, . (1) Any garbage, rubbish, dead animals, or any substance which will obstruct, or have a tendency to obstruct, the flow of any sewer system ' , di , eeufse. (2) Discharges containing toxic, poisonous, or flammable solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage collection or treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plants. (3) Any strong acid waste, strong alkaline waste or other waste with corrosive properties capable of causing damage or hazard to the structures, equipment, or personnel of the City. (4) Any waste that: (i) Contains polar and nonpolar fats, oils and greases in amounts that cause a visible sheen on the discharge or in the public sewer system; (ii) Causes a build -up of grease in any public sewer facility; (iii) Causes an obstruction of the public sewer system; (iv) Found to contain more than one hundred (100) parts per million (1,000,000) by weight of fats, oils and grease as measured using analytical procedures established in 40 CFR Part 136; or (v) Any discharge that violates Chapter 15.05 BMC entitled "Fats, Oils and Grease." (5) Overflows from unpolluted water storage facilities. (6) Clear water from refrigeration, reverse -cycle heat pumps, and cooling or air - conditioning equipment installed hereafter, except for the periodic draining and cleaning. 33 Title 15 Amendments (7) Steam exhaust or blow -off, or any heated water until the temperature thereof has been reduced to less than one hundred (100) degrees Fahrenheit. (8) Waste containing suspended solids and/or inorganic materials of such character and quantity that unusual attention or expense is required to handle such materials in the sewer system or at the wastewater treatment plant. (9) Any obnoxious or malodorous gas or substance capable of creating a public nuisance. (10) Any septic tank wastes or portable holding tank waste (11) Any new stormwater discharges. (12) Any discharge of food waste through a commercial disposal unit into a grease interceptor. Any existing sites that are found to have food waste disposal units will have ninety (90) days to remove the units after notification. (13) Any catch basins that collect wastewater runoff from dumpsters serving food service establishments that flow into the stormwater system or wastewater system. Such flow will need to be redirected to flow into a Grease Interceptor and connect into a sanitarx system, unless another plan is approved by the Director. Maximum surface area allowed to flow into the collection system will be 200 sq. ft. (14) Any single service discharge that exceeds the following daily maximum Qollutant limits: * * Arsenic 0.10 mg! Cadmium 0.10 mg/L Chromium(total) 1.0 mg/L Chromium(hexavalent) 0.25 mg/L Conner(total) 0.75 mg/L Lead 0.25 mg! Mercury (total) 0.010 mg/L Molybdenum 1.0 mg! Nickel 0.60 mg! Selenium 0.10 mg/L Silver (total) 0.20 mg/L Zinc 2.0 mg/L, Cyanide(total) 0.64 mg/L Cyanide( free) 0.20 mg/L Ammonia 50.0 mg/L Benzene 0.07 mg/L Ethyl benzene 1.70 mg/L Toluene 1.40 mg/L TPH -G 1.00 mg/L TPH -D 1.00 mg/L * *Businesses that follow BMP's (Best Management Practices) for their industrX can petition the Department for a higher limit. This will be limited to businesses contributing less than 1 % of the total flow to the City's wastewater system and treatment plant. 34 Title 15 Amendments 15.03.215 LOW PRESSURE SEWERS. Low pressure sewers may be constructed in an area where, in the opinion of the Director, it is impractical to construct rg avity sewers and the cost will not be a factor. Low pressure sewers shall be designed and constructed in accordance with the Engineering Design and Construction Standards. The pump and enclosures shall be owned and operated by the City. The owner shall be financially responsible for and shall own and operate all the electrical installation and all wing and conveyance facilities to the property line. 15.03.220 VIOLATION- PENALTY (a) Any violation of any provision of this chapter constitutes a civil violation under BMC 1.04 for which a monetary penalty may be assessed and abatement may be required as provided therein. (b) In addition to, or as an alternative to, any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to BMC 1. 12.020 Penalties. Chapter 15.04 STORMWATER 15.04.010 PURPOSE. This chapter establishes availability, conditions of service, system improvement requirements, and the operation and maintenance of the stormwater utility system- €er-the 15.04.020 ADOPTION OF MANUALS. The following manuals are hereby adopted by reference as currently published and as hereinafter amended: (a) Department of Ecology Stormwater Management Manual for Western Washington (SWMM)M (b) Kitsap County Stormwater Management Manual; (c) Low Impact Development (LID) Guidance Manual for Kitsap County; (d) Low Impact Development Technical Guidance Manual for Puget Sound (LID Manual ) b Washington State University and Puget Sound Partnershi • and Y � tY g P� (e) Engineering Design and Construction Standards). 15.04.030 DEFINITIONS. In addition to definitions set forth in BMC 15.01.020, the definitions set forth in the manuals adopted in BMC 15.04.020 are hereby incorporated. If definitions in BMC 15.01.020 conflict with definitions in the manuals, the definitions set forth in BMC 15.01.020 shall prevail. 15.04.040 STORMWATER COMPREHENSIVE PLAN. A Stormwater Comprehensive Plan shall be developed by the Department meeting the provisions of RCW 35.67.030. The Plan shall be approved by the Mayor, adopted by the City Council and administered by the Director. 35 Title 15 Amendments 15.04.050 STORMWATER MANAGEMENT PROGRAM (SWMP) A Stormwater Management Program shall be administered by the City e€Br-exaeftee pursuant to the Western Washington Phase II Municipal Stormwater NPDES Permit currently in effect and issued by the Washington State Department of Ecology in compliance with provisions of the State of Washington Water Pollution Control Law Chapter 90.48 RCW and the Federal Water Pollution Control Act (the Clean Water Act) Title 33 United States Code, Section 1251 et seq. 15.04.060 SERVICE AREA. Stormwater service is considered available to all of the public and private property within the City of Bremerton. Stormwater service area includes all public and private properties within the City of Bremerton through either natural drainages, direct discharge to receiving water or constructed conveyance systems. Service is considered available for all properties in the City of Bremerton however storm drainage mitigation may be required pursuant to BMC 15.04.070. 15.04.070 REGULATED ACTIVITIES. Consistent with the minimum requirements contained in this section, the City shall approve or disapprove the following activities, unless exempted in BMC 15.04.080: (a) New development; (b) Redevelopment; (c) Construction site activities; and (d) Property maintenance, repair or replacement activities meeting specific thresholds as defined by SWMMWW. 15.04.080 EXEMPTIONS. Commercial agriculture, and forest practices regulated under WAC Title 222, except for Class IV — general forest practices that are conversions from timber land to other uses, are exempt from the provisions of this section. Development undertaken by the Washington State Department of Transportation in state highway rights -of -way is regulated by Chapter 173 -270 WAC, the Puget Sound Highway Runoff Program. All other new development and redevelopment is subject to the minimum requirements of this chapter. 15.04.090 STORMWATER SYSTEMS/ENGINEERING DESIGN AND CONSTRUCTION STANDARDS GENERAL. All stormwater sewers and appurtenances shall be installed by the Department or a contractor licensed in accordance with the provisions of this chapter in compliance with the manuals adopted in BMC 15.04.020. All stormwater system extensions shall be installed along the entire frontage of the premises or plat to be served. The Department may, at its option, require installation of stormwater mains larger than the minimum sized specified in the Engineering Design and Construction Standards to provide for adequate capacity within the stormwater system. The Department is authorized to enter into cost sharing agreements to contribute to the cost for larger stormwater mains or other improvements based upon the Stormwater Comprehensive Plan. 36 Title 15 Amendments A covenant and/or easement shall be recorded with the Kitsap County Auditor's office for each property containing or served by stormwater drainage facilities. This covenant/easement shall be in a form approved by the City Attorney. The covenant/easement shall identify requirements and liability for preservation and maintenance of LID facilities approved under this chapter and privately held in individual or undivided ownership or intended for public ownership, shall restrict conversion of LID facilities, and shall grant the City access to LID facilities on private property to allow inspection, . 15.04.100 LOW IMPACT DEVELOPMENT — ALTERNATIVE STANDARDS. (a) The City encourages low impact development (LID) best management practices (BMPs), as an alternative to conventional stormwater management systems that rely on detention ponds and closed conveyance. LID is intended to manage runoff close to the source of generation and to mimic the predeveloped hydrologic condition of a site. Beginning g anuary 1, 2017, the City will require the use of Low Impact Development best management practices, for new development and redevelopment, in accordance with its National Pollution Discharge Elimination System MDES) permit as issued, and as may be amended, by the Washington State Department of Ecology. (b) LID is accomplished first through minimizing the impervious surface coverage and second by managing runoff through dispersion, infiltration, evapotranspiration, or a combination of these approaches. Use of LID BMPs may reduce or eliminate the need for conventional detention facilities but does not remove the obligation to comply with the minimum requirements of the Stormwater Manual. (c) A variety of BMPs to minimize impervious surfaces and to manage stormwater have been developed and tested for use in Western Washington. These BMPs and the overall LID approach are described in the LID Manual. (d) The menu of LID BMPs identified in the LID Guidance Manual are accepted by the City for use in stormwater site plans to address the minimum requirements for flow control and runoff treatment in this chapter, subject to the specifications, performance standards, and design criteria in the LID Manual and review and approval under this chapter. (e) A covenant and/or easement shall be recorded with the Kitsap County Auditor's office for each property containing or served by storm drainage facilities. This covenant/easement shall be in a form approved by the City Attorney. The covenant/easement shall identify requirements and liability for preservation and maintenance of low impact development facilities approved under this chapter and privately held in individual or undivided ownership or intended for public ownership, shall restrict conversion of LID facilities, and shall grant the City access to low impact development facilities on private property to allow inspection, maintenance, and repair. 15.04.110 SERVICE CONNECTIONS. All service connections shall be installed by a contractor licensed in accordance with the provisions of this chapter in compliance with the Engineering Design and Construction Standards as adopted in BMC 15.04.020._ a nd t e - The service connections shall be extended at right angles from the stormwater system to the properly line and shall be maintained by the property owner During improvements to a site where the existing stormwater connection does not meet current Engineering Design and Construction Standards, 37 Title 15 Amendments requirements of the standards shall apply if the improvements can be installed for twenty -five percent (25% or less of the total improvement cost of the project or, if in the judgment of the Director, the improvements are necessary to protect other upstream and downstream properties. IHSUs cannot be transferred from one property or account to another property or account. 15.04.120 ON -SITE PRIVATE DEVELOPMENT OR REDEVELOPMENT IMPROVEMENTS. All new or redevelopment projects shall provide on -site water quality and quantity improvements to include conveyance facilities, retention/detention ponds, under- drains, infiltration facilities, or other on -site stormwater drainage facilities necessary to mitigate any increase in stormwater runoff, control off -site discharge of stormwater and provide stormwater quality treatment. All storm drainage improvements shall be in accordance with the Engineering Design and Construction Standards and the requirements of this chapter On -site facilities shall be regularly maintained, cleaned, serviced and repaired by the owner. Any facility that has not been serviced or maintained and is not functioning as designed,, is nonconforming pursuant to this chapter and Engineering Design and Construction Standards City standafds -and will be subject to abatement under BMC 15.04.080. Constructed facilities shall not be removed. 15.04.130 STORM DRAINAGE SAMPLING STATIONS. When required by the Department, the property owner shall install and maintain at their expense, a storm drainage sampling station deym stFeam downstream from the private stormwater drainage facilities to facilitate observation, sampling, and measurement of surface drainage and stormwater flows prior to discharge into the stormwater system. The storm drainage sampling station shall be located as approved by the Department and constructed in accordance with Engineering eering Design and Construction Standards. 15.04.140 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS. The Department shall be responsible for the integrity, safety, and continuity of the stormwater system. As a condition of the Utility Service Agreement, the property owner shall grant the Department the authority to make inspections at any reasonable time if the Department or other appropriate agency has reasonable cause to believe there exists on the premises a nonconforming illegal, unauthorized, or unsafe condition or to verify no such conditions exists The Director er- their designee -may enter onto such property to inspect conditions or to perform any duties imposed upon the Department by this code, provided the Department shall first make reasonable efforts to contact the owner or person responsible for such property. The Department shall have recourse to every remedy provided by law to secure entry and abate nonconforming, illegal, unauthorized, or unsafe conditions. Such remedies may include, but not be limited to, securing property owner's correction; revocation, suspension, or discontinuation of service, permits, or authorizations; removal, reconstruction, replacement, or alteration of unauthorized condition; or all other powers and remedies that may be available under this title, and regulations and procedures adopted hereunder. Expense ineuffed by the rates, 38 Title 15 Amendments fees and ehafges Any expense incurred by the City to abate such condition shall be the responsibility of the owner(s), in accordance with the current Assessments, Rates, Fees, and Charges set forth in Chapter 15.06 BMC, including any related cost and cost of collection. 15.04.150 STORMWATER SYSTEM OPERATION AND MAINTENANCE - GENERAL The Department shall be responsible for the operation, maintenance and repair of the stormwater system and appurtenances under its jurisdiction and located within the public right - of -way, dedicated utility easements and City owned property. The Department shall not be responsible for servicing private systems connected to the City's stormwater dines stem, except as provided in this chapter. When maintenance, repair, or replacement of the Ci 's stormwater system is required, due to user activities resulting in unsafe, nonconforming, or unauthorized conditions as set forth in this section, any expense incurred by the City to abate such condition shall be the responsibility of the owner(s), in accordance with the current Assessments, Rates, Fees, and Charges set forth in Chapter 15.06 BMC, including any related cost and cost of collection , 15.04.160 CONSTRUCTION AND MAINTENANCE OF PRIVATE STORMWATER FACILITIES. (a) All stormwater facilities required under this chapter shall be constructed and maintained as set forth in the Stormwater Management Manual and-the improved p ermits, and/or approvals of the n accordance with the current Engineering Design and Construction Standards (b) Maintenance of Private Stormwater Facilities. (1) The person or persons holding title to the property and the applicant required to construct a stormwater facility shall remain responsible for the facility's continual performance, operation, and maintenance in accordance with the standards and requirements of the Stormwater Management Manual, this chapter, and-the approved permits and/or in accordance with the current Engineering Design and Construction Standards Gity and shall remain responsible for any liability as a result of these duties. Language designating the responsible parties shall be printed on the face of the plat documents, covenant, easement or other agreement recorded with the Kitsap County Auditor's office for each property containing or served by said stormwater drainage facilities. This covenant/easement shall be in a form approved by the City Attorney. (2) The City shall have authority to periodically enter upon the property and inspect the stormwater facilities to ensure such compliance and to issue orders requiring maintenance and/or repair. In event that the titleholders or other responsible parties do not effect such maintenance and/or repairs, , and the rest ther-eef shall be r-eeever-able by the City from said fidehelder-s or- other- r-espensible the Director may abate the condition, by either making the corrections or by termination of the water service until the connection is made and/or by filing a lien against the property. (3) When an inspection identifies an exceedence of the maintenance standard or a nonconforming, unauthorized condition, maintenance /repair shall be performed in accordance with the following schedule: 39 Title 15 Amendments I i. Within one (1) yea thirty (30) days for typical maintenance of facilities, except ems. ii}. Within ne (1) year for maintenance that requires capital construction of less than twenty -five thousand dollars ($25,000). 15.04.170 INTERRUPTION OF SERVICE - EMERGENCY A%eneyer- r-easenable ' and in eases where it has advanee knowledge, the Depafknefft The Department may restrict the use of the stormwater system through regulation or control of the use whenever an emergency exists affecting the stormwater system, or for the purpose of making repairs, extensions, or any other necessary work. Whenever reasonable, and in cases where it has advance knowledge, the Department will provide notice of such emergency using g_nnropriate methods of communication, setting forth any limitations on the use of the stormwater system that may be deemed necessary for public health and safety. The City shall not be held responsible for any damage to a private property resulting from interruption, failure of the stormwater system, or failure of the property owner to comply with provisions of this code. 15.04.180 CHANGED SITE CONDITIONS. When an alteration to an existing parcel of property requires a building or grading permit, a new ste ffater-Utility Service Agreement shall be required if any existing stormwater connections d oes not meet the current Engineering Design and Construction Standards. this r-equir-ement shall enly apply if the improvement ean be installed fer- twenty five pervent 0 Prior to entering into a new Utility Service Agreement, the stormwater connection shall be videoed and qp ron ved by the Director for reuse. Any existing stormwater connection determined to be substandard must be replaced as directed by the Director, at the owner's exgense 15.04.190 PROHIBITED ACTS. It shall be unlawful for any person to violate the followinji (a) U*hT*ftd-Tampering. It shall be unlawful for any person, unless duly authorized by the Department, to disturb, interfere with, or damage any stormwater facilities, including pipe, machinery, tools, buildings, improvements, or other appurtenances belonging to, connected with, or under the control of the Department. (b) Prohibited Discharges. (1) No person shall throw, drain, or otherwise discharge, cause or allow others under his/her control to throw, drain or otherwise discharge into the municipal storm drain system any materials other than stormwater. (2) Examples of prohibited contaminants include but are not limited to the following: 40 Title 15 Amendments Acids, alkalis, or bases; Animal carcasses; Antifreeze and other automotive products; Bark and other fibrous materials; Batteries; Chemicals not normally found in uncontaminated water; Chlorine, bromine, or other disinfectants; Construction materials; Degreasers and/or solvents; Domestic animal wastes; Drain cleaners; Dyes, unless approved by the City; Flammable or explosive materials; Food wastes; Heated water; Lawn clippings, leaves, or branches; Metals in either particulate or dissolved form; Paints, stains, resins, lacquers, or varnishes; Pesticides, herbicides, or fertilizers; Petroleum products including but not limited to oil, gasoline, grease, fuel oil and heating oil; Radioactive material; Recreational vehicle waste; Sewage; Silt, sediment, concrete, cement or gravel; Soaps, detergents, or ammonia; Steam cleaning wastes; Swimming pool cleaning wastewater or filter backwash; Trash or debris; Any other process- associated discharge except as otherwise allowed in this section; and Any hazardous material or waste not listed above. (c) Allowable Discharges. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter unless the City determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater: Air conditioning condensation; Discharges from emergency fire - fighting activities; Diverted stream flows; Flows from riparian habitats and wetlands; Footing drains; Foundation drains; Irrigation water from agricultural sources that is commingled with urban stormwater; Rising ground waters; Springs; Uncontaminated ground water infiltration as defined in 40 CFR 35.2005(20); and Uncontaminated pumped ground water. 41 Title 15 Amendments (d) Conditional Discharges. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter, if they meet the stated conditions, or unless the City determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater: (1) Potable water, including water from water line flushing, hyper chlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. These planned discharges shall be de- chlorinated to a concentration of 0.1 ppm or less, pH- adjusted, if necessary and in volumes and velocities controlled to prevent re- suspension of sediments in the stormwater system. (2) Lawn watering and other irrigation runoff. These types of discharges shall be permitted if the amount of runoff is minimized through water conservation efforts. (3) De- chlorinated swimming pool discharges. These discharges shall be de- chlorinated to a concentration of 0.1 ppm or less, pH- adjusted and reoxygenized if necessary, volumetrically and velocity controlled to prevent re- suspension of sediments in the stormwater system. (4) Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents. These discharges shall be permitted, if the amount of street wash and dust control water used is minimized. At active construction sites, street sweeping must be performed prior to washing the street. (5) Non - stormwater discharges covered by another NPDES permit. These discharges shall be in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations. (6) Other non - stormwater discharges. These discharges shall be in compliance with the requirements of a stormwater pollution prevention plan (SWPPP) reviewed and approved by the City, which addresses control of such discharges by applying AKART to prevent contaminants from entering surface or ground water. (e) Prohibited Connections. (1) The construction, use, maintenance, or continued existence of illicit connections to the stormwater system is prohibited. (2) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (3) A person is considered to be in violation of this section, if the person connects a line conveying sewage to the MS4 or allows such a connection to continue. (f) Any discharge that exceeds the following daily maximum pollutant limits: Ammonia 50.0 mg/L Arsenic 0.10 mg/L Cadmium 0.10 mg/L Chromium (hexavalent) 0.25 mg/L Chromium (total) 1.0 mg/L Copper (total) 0.75 mg/L Cyanide (free) 0.20 mg/L Cyanide (total) 0.64 mg/L Lead 0.25 mg/L Mercury (total) 0.010 mg/L Molybdenum 1.0 mg/L 42 Title 15 Amendments Nickel 0.60 mg/L Selenium 0.10 mg/L Silver (total) 0.20 mg/L Zinc 2.0 mg/L 15.04.200 ELIMINATION OF IMPROPER STORMWATER INFLOW TO THE WASTEWATER SYSTEM. (a) Purpose. The purpose of this section is to significantly reduce improper stormwater inflow to the wastewater system in order to eliminate or reduce instances of combined sewer overflow events and surcharged sanitary sewers due to the improper inflows, which are detrimental to public health and welfare; and to maximize efficient operation of the wastewater eelleetien system and treatment plant. (b) Stormwater connections to the wastewater system are prohibited, as of January 1, 2005. A property that maintains a stormwater connection after January 1, 2005, is charged a fee for the connection pursuant to BMC 15.06.050(b), Rates — Stormwater inflew to Wastewa4er- System. (c) Director's Authority to Order Disconnection. (1) Purpose. The Director has the authority to order the disconnection of improper stormwater inflow to the wastewater system where that disconnection is necessary to meet combined sewer overflow reduction and elimination of sanitary sewer surcharging. The order of disconnection will generally be in target areas as defined elsewhere in this section. (2) Notice. Director's order of disconnection will be provided in writing and will establish an effective date by which the improper stormwater inflow shall be discontinued. The effective date shall be no sooner than ninety (90) days from the date of the letter. The effective date may be extended in writing by the Director. (d) Target Areas. The Director may identify target areas within the wastewater service area (sewer or storm drainage basins or sub - basins) which have the highest priority for reduction of improper stormwater inflow to the wastewater system based upon combined sewer overflow events and sanitary sewer surcharge problems. (e) Abatement of Improper Stormwater Inflow. Whenever an improper stormwater inflow to the wastewater system exists subsequent to the disconnection requirements specified elsewhere in this section, the Director may abate the condition including: reconstruction, replacement or removal on public or private property as specified elsewhere in this chapter. 15.04.210 VIOLATION ENFORCEMENT — PENALTY (a) Any violation of any provision of this title constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this title shall be guilty of a misdemeanor pursuant BMC 1.12.020, Penalties. 43 Title 15 Amendments Chapter 15.05 FATS, OILS AND GREASE 15.05.010 ADMINISTRATION. The provisions of this chapter shall be administered by the Director Utilities or his or- her designee. 15.05.020 PURPOSE. The purpose of this chapter is to aid in the prevention of sanitary sewer blockages and obstructions from contributions and accumulation of animal- or vegetable- derived fats, oil, and greases discharged to the sanitmy sewefwastewater system from multi - family complexes and industrial or commercial establishments, multi family eemlemes—p articularly food preparation and serving facilities. The objectives of this program are to use reasonable and technically feasible controls to r� otect the health and safety of the communi , and (a) Eliminate sanitary sewer overflows. (b) Reduce the amount of fats, oils, and grease discharged to the eelleetiee system. (c) Reduce maintenance costs for the wastewater system. (d) Improve operation of wastewater system. (e) Reduce maintenance cost for the treatment plant facility operations. 15.05.030 APPLICABILITY. This chapter applies to all food processing establishments, food sales establishments, food service establishments, and any other facility that discharges polar grease to the sanity Heetio „ wastewater system and is located within the boundaries of the City's-o€ 13refnerte}r's wastewater eelleetiee- system on or after the effective date of the ordinance codified in this chapter. 155.05.040 DEMOTIONS. le and r-eseafeh, has pr-even te reliably lead to a desir-ed result. " City ” means Gity of Bremet4en. "Faoility" Eneans any feed pr-eeessiag feed sales establishment, or- feed seMee establishment. " Fats, eils and " setwees them e-entmin multiple ear-ben tFiglyeefide moleetiles. These substanees are deteetable and " " " Feed " " Feed n means a eemmer-eial establishment in whieh feed "Feed sales establishment (PSE)" ffieEas retail and whelesale gFeeefy ster-es, retail seafeed > > auts and vegetable ster-es 44 Title 15 Amendments " Feed and plaees ef business and sifailaf establishments, mobile or- peFmaneat, engaged in the sale 0 " means any establishfaeat for- the prvpefmien and > shei4 orders, sandwiehes, fiezen dessefts, er- other- edible pr-eduets M; —dI A _r�wve required te have a Feed Business PeEmit issued by Kitsap CoufAy DepaAffient e > > > plaeos whieh manufaetwe retail sandwiehes, seda feuntains, institutional > feed vending vehieles, and epeFMieas eenneeted therewith; and similar- fheilifies by whatever- name ee&d. " " > eils, and grease ftefa liquid waste prior- to the wastewe4er- efAeFiag the sa-aitafy sewer- systafa. - Grease inter-eept9r -2 fne iii - can WeFCe'p o a t l sev h und re d fifty g allen eapaeity whese rated flew e*eeeds fifty (50) galiens per- miffute (gpm) te seEve ene (1) er- Mer-e designed te eellerat, eentain or- r-emeve feed wastes and grease ftem the waste stfeam while allewing the balanee ef the liquid waste ( n " Grease n means a deviee leeated inside a feed seFvire f6eility designed to r-etain grease fiefa efte (1) to a ma*knum of feur- (4) fixtffes whese r-eAed flow is fifty (50) gallens per- Fainute (gpfn) er- less. it is designed te eelleet, eef4ain er- r-efaeve feed wastes and grease ftefa the waste stfeam while allewing the balanee ef the liquid waste te disehar-ge te the wastewate eelleefien system by gravity er- meehanieal means. "Miaimtim design eapability" means the design featffes ef a grease inter-eepter- and its ability te er- the velume required te effeefively inter-eept and retain greases fiem grease " Nenpelaf- (miner-al n > > " Pelaf (af�fnal and vegetable n oils er- grease fleating en the suffeee er- adhefing to the sides ef the sample eentain n n Any faeflity that has a grease in4ervepter- shall utilize -a. " Uaifi3fm Plumbing Cede n altemfiea > > means any �� �� 15.05.0-50040 GREASE INTERCEPTOR REQUIREMENT. (a) Fats, Oils and Grease Control Program. All facilities are required to subs implement and maintain a fats, oils and grease control program. The goal of the program is to implement reasonable and technically feasible controls of free - floating fat, oil and grease. The basic components of the program should include: 45 Title 15 Amendments (1) A written program articulating management and corporate support for the plan and a commitment to implement planned activities and achieve established goals through the implementation and enforcement of best management practices. (2) A description of the facility type and a summary of the products made and/or service provided. (3) A description of current reduction, recycling and treatment activities. (4) Schematics of the process areas illustrating drains and discharge points connected to the sanitary sewer. (5) Specific performance goals and implementation schedule. (6) Initial training for new employees and refresher training every six (6) months. (b) New Facilities. On or after the effective date of the ordinance codified in this chapter, food processing establishments, food sales establishments, or food service establishments which are newly proposed or constructed shall be required to install, operate and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with requirements as described in the Engineering e�enmg Design and Construction standwds -Standards for interceptor /grease trap of this chapter. (c) Existing Facilities with Grease Removal. On or after the effective date of the ordinance codified in this chapter, existing food processing establishments, food sales establishments, or food service establishments shall be permitted to operate and maintain existing grease interceptors or grease traps; provided, that the equipment is in efficient operating condition. All such establishments are required to develop and implement best management practices (BMPs) to reduce the quantity of fats, oil and grease discharged to the eelleetien- wastewater system. Any facilities that are known to cause grease- related cleaning activities in the sewer-wastewater system a grease - related sanitary sewer-wastewater system overflow or fail to implement and enforce BMPs will be required to install a properly sized and functioning grease interceptor designed to meet the City's grease control requirements as described in the Engineering Design and Construction staedafds Standards for interceptor /grease trap of this chapter. (Polar and nonpolar fats, oils and greases in amounts that cause a visible sheen on the discharge or in the publie sew er-wastewater system, a build -up of grease in any w astewater , which accumulations, either alone or in combination with other discharges, cause an obstruction of the wastewater system or any water or waste which contains more than one hundred (100) parts per million (1,000,000) by weight of fats, oils and grease as measured using analytical procedures established in 40 CFR Part 136.) Installation must be completed within ninety (90) calendar days from notification by the City or as otherwise specified by other governing agencies. _(d) Existing Faeilifies without Grease Refaeval. Any feed itablishments feed sales or- feed sepviee establishments that e*pand by twenty five (2-5) theif sea" feF feed seMee shall be required to install, eperate and maintain A, approved Pfpe and adequately sized gfease inter-eepter- neeessafy te maiatain eemplianee with (edd) Existing Facilities with/without Grease Removal. Establishments that: (1) Expand by twenty-five (2-5) percent 2( 5 %) heir seating capacity for food service; or (2) Renovate or remodel and a grease interceptor can be installed for with a ' eatien greater. than er- equal t twenty-five (2-5) percent 2� 5 %) or less than the total cost of the 46 Title 15 Amendments remodel building's ; or (3) Are known to cause grease- related cleaning activities in the samit sewer wastewater system or (4) Contributed to a grease- related astewater system overflow; or (5) Fail to implement and enforce BMPs; will be required to install a properly sized and functioning grease interceptor designed to meet the City's grease control requirements as described in the Engineering Design and Construction standaMs-Standards for interceptor /grease trap of this chapter. (Polar and nonpolar fats, oils and greases in amounts that cause a visible sheen on the discharge or in the sewer-wastewater system, a build -up of grease in any astewater system which accumulations, either alone or in combination with other discharges, cause an obstruction of the publie astewater system or any water or waste which contains more than one hundred (100) parts per million (1,000,000) by weight of fats, oils and grease as measured using analytical procedures established in 40 CFR Part 136.) Installation must be completed within ninety (90) calendar days from notification by the City or as otherwise specified by other governing agencies. (1e) Variance from Grease Interceptor Requirements. Grease interceptors required under this chapter shall be installed unless the City authorizes the installation of a grease trap or other alternative pretreatment technology after determining that the installation of a grease interceptor would not be feasible due to space constraints or other considerations. The facility bears the burden of demonstrating that the installation of a grease interceptor is not feasible and that the variance will not cause the facility any problems in meeting the requirements as described in the Engineering and Construction Standards for interceptor /grease trap of this chapter. (Polar and nonpolar fats, oils and greases in amounts that cause a visible sheen on the discharge or in the sewer-wastewater system, a build -up of grease in any astewater system which accumulations, either alone or in combination with other discharges, cause an obstruction of the sewer-wastewater system or any water or waste which contains more than one hundred (100) parts per million (1,000,000) by weight of fats, oils and grease as measured using analytical procedures established in 40 CFR Part 136.) The request for an alternate grease removal device or grease trap shall contain the following information: (1) Detailed explanation of the reason(s) that the installation of a grease interceptor is not feasible. (2) Location of the wastewater system in relation to available exterior space outside the building. Alternative pretreatment technology includes, but is not limited to, devices that are used to trap, separate, and hold grease from wastewater and prevent it from being discharged into the wastewater system. Any alternative technology must result in a discharge that meets the requirements as described: polar and nonpolar fats, oils and greases in amounts that cause a visible sheen on the discharge or in the publie seweFwastewater system, a build -up of grease in any astewater system which accumulations either alone or in combination with other discharges cause obstruction of the sewer-wastewater system or any water or waste which contains more than one hundred (100) parts per million (1,000,000) by weight of fats, oils and grease as measured using analytical procedures 47 Title 15 Amendments established in 40 CFR Part 136. The City, prior to installation, must approve any alternative pretreatment technology. 15.05.860050 STANDARDS. (a) Grease Interceptor. (1) Each facility is solely responsible for the cost of the grease interceptor installation, inspection, cleaning and maintenance. (2) Grease interceptor sizing and installation shall conform to the requirements contained in the ewmat edi iee latest version of the Uniform Plumbing Code (UPC) or other criteria as determined on a case -by -case basis based on review of relevant information, including, but not limited to, grease interceptor performance, waste stream characteristics, facility location, maintenance needs, and/or inspection needs. The aforementioned determinations may or may not conform to the Uniform Plumbing Code construction standards or sizing criteria for grease interceptors or similar devices. The minimum capacity of any exterior grease interceptor will be one thousand five hundred (1,500) gallons unless approved by the Director of Nblie We-ks Supporting sizing calculations shall be submitted to the City. (3) Grease interceptors shall be designed using standard engineering principles for sedimentation and flotation in gravity separators. The grease interceptor will have a minimum of two (2) compartments with fittings designed for grease retention. (4) Grease interceptors shall be installed in accordance with City standafd detais En ing eering Design and Construction Standards (5) Grease interceptors shall be installed at a location where it is easily accessible for sample collection, inspection, and cleaning and removal of retained grease. The grease interceptor may not be installed in any part of the building, unless preapproved, and the location must meet the approval of the City. (6) Grease interceptors shall be located in the food service establishment's lateral line between all fixtures which may introduce grease into the sewer-wastewater system and the connection to the wastewater system. Such fixtures shall include but not be limited to sinks, dishwashers, floor drains for food preparation and storage areas, mop sinks, and any other fixture which is determined to be a potential source of grease. (7) Grease interceptors must be vented. (8) Flushing the grease interceptor with water having a temperature in excess of one hundred forty (140) degrees Fahrenheit is prohibited (maximum temperature for effee� effect on concrete). (9) Grease interceptors shall be equipped with a sampling port at the outlet of the interceptor. Inspection tees and manholes must enable the � monitor and test the discharge for compliance with utilitKily requirements or to allow monitoring and testing in accordance with the rules and regulations of other federal, State or local agency having governmental or contractual jurisdiction within the wastewater system (10) Access manholes, with a minimum diameter of twenty-four (24) inches, shall be provided over each chamber and sanitary tee. The access manholes shall extend at least to finished grade and be designed to prevent water inflow or infiltration. The manholes shall also have readily removable covers to facilitate inspection, cleaning and removal of retained grease and sample collection. Riser maximum will not exceed twenty-four (24) inches. (11) Grease interceptors shall be considered out of compliance if the total volume of grease and solids displaces more than twenty-five (25) percent of the effective volume 48 Title 15 Amendments of the final chamber of the interceptor. Grease interceptors must be serviced and emptied of accumulated waste content as required maintaining a minimum design capability or effective volume, but not less than once every ninety (90) calendar days. If a facility determines that cleaning every ninety (90) calendar days is unnecessary in order to remain in compliance with requirements, the facility may make a written application for a variance from the cleaning schedule. (12) Sanitary wastes (restroom wastes) cannot be introduced into the grease interceptor. (13) Any facility that has a grease interceptor shall maintain a pumping contract with a licensed grease pumping company. The pumping company will pump the interceptor on a regular schedule without notification from the food service. The pumping company will notify the City if the contract is canceled by either party. (14) Wastes removed from a grease interceptor shall be disposed of at a facility permitted to receive such waste. Neither grease, solids nor liquids removed from grease interceptors shall be returned to any grease interceptor, private sanitary sewer line, any portion of the wastewater system or any portion of the stormwater system. (15) All facilities shall maintain a written record of inspection and maintenance activities and the rendering/disposal company manifest for a minimum of three (3) years. All such records shall be submitted to the City and made available for on -site inspection during all operating hours. (b) Grease Trap. Each facility is solely responsible for the cost of the grease trap installation, inspection, cleaning and maintenance. (1) Grease trap sizing and installation shall conform to the requirements contained in the euffeatedition version of the Uniform Plumbing Code or other criteria as determined on a case -by -case basis based on review or relevant information, including, but not limited to, grease trap performance, waste stream characteristics, facility location, maintenance needs, and/or inspection needs but in no case will the grease trap be less than twenty (20Z gallons per flowminute flow rate (3 . The aforementioned determinations may or may not conform to the Uniform Plumbing Code construction standards or sizing criteria for grease traps or similar devices. (2) Grease traps shall be designed using standard engineering principles for sedimentation and flotation in gravity separators. (3) Grease traps shall be installed in accordance with City standa4detailkthe En 'niering Design and Construction Standards (4) Grease traps shall be installed at a location where it is easily accessible for sample collection, inspection, and cleaning and removal of retained grease. (5) Grease traps shall be located in the food service establishment's lateral line between all fixtures which may introduce grease into the wastewater system and the connection to the wastewater system. Such fixtures shall include sinks, drains and other fixtures for food preparation and storage areas, and any other fixture which is determined to be a potential source of grease. Fixtures such as waste disposal units and dishwashers shall not be connected to the grease trap. (6) Flushing the grease trap with water having a temperature in excess of one hundred forty (140) degrees Fahrenheit is prohibited. 49 Title 15 Amendments (7) Grease traps shall be equipped with a device to control the rate of flow through the unit. The rate of flow shall not exceed the manufacturer's rated capacity recommended in gallons per minute for the unit. (8) Grease traps shall be considered out of compliance if the total volume of grease and solids displaces more than twenty -five (2-5) percent (25L/o) the effective volume of the chamber. The facility and inspector will determine and document the mutually agreed upon maintenance schedule and complete debris removal frequency. (9) Sanitary wastes (restroom wastes) cannot be introduced into the grease trap. (10) Neither grease, solids nor liquids removed from grease traps shall be returned to any grease trap, private sanitary sewer line, any portion of the ^e'��nwastewater system or any portion of the stormwater system. (11) All facilities shall maintain a written record of inspection and maintenance activities for a minimum of three (3) years. All such records shall be made available for on -site inspection by representatives of the City during all operating hours. 15.05.87-9060 ENZYMES, BACTERIA AND OTHER AGENTS. The direct addition into the building plumbing, grease trap or interceptor of enzymes, chemicals or other agents designed to emulsify the grease compounds is prohibited. Grease trap or interceptor design and sizing criteria are based on gravimetric separation for grease and solids removal. The addition of enzymes or chemical emulsion agents would impede the gravimetric separation and defeats the purpose of the grease trap or interceptor. Any attempt to modify the trap or interceptor into a biological reactor by adding bacterial or microbial agents is also prohibited. 15.05.859070 INSPECTION, MONITORING AND REPORTING. (a) The City shall inspect food processing establishments, food sales establishments, or food service establishments on both a scheduled and unscheduled, unannounced basis to determine whether the requirements set forth in this chapter are being met. (b) Food processing establishments, food sales establishments, or food service establishments shall allow City officials and other duly authorized employees or agents of the City bearing proper credentials and identifications access at all reasonable times or during normal hours of operation to all parts of the premises for the purpose of inspection, observation, records examination, measurement, sampling and testing in accordance with the provisions of this chapter. The City shall have the right to set up on any user's property devices necessary for conducting wastewater sampling inspection, compliance monitoring and/or metering operations. All costs for laboratory collection and analysis shall be the responsibility of the food processing establishments, food sales establishments, or food service establishments. (c) Each food processing establishment, food sales establishment, or food service establishment shall retain maintenance records with the following information for each grease removal device located on the premises. The records shall be kept a minimum of three (3) years and provided to the city upon request. (1) Date of service. (2) Volume pumped (gallons). (3) Name of waste hauler. (4) Waste disposal location. 50 Title 15 Amendments 15.05.090 VIOLATION —PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein. (b) In addition to, or as an alternative to, any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). Chapter 15.06 ASSESSMENTS, RATES, FEES AND CHARGES 15.06.010 PURPOSE. This chapter provides for the establishment of fees, rates,, and other charges for connection to or utilization of the utility system, for providing utility service, administration and maintenance of utility accounts, and for the operation, maintenance, repair and improvements of the utility system. Fees, rates and other service charges shall include, but not be limited to, front footage fees, general facility fees, connection charges, utility service rates, account maintenance charges, plan check, and system development fees and charges. All fees, rates, and charges for service outside the City limits will be assessed at a charge of one hundred fifty percent (150 %)o the City rate for wastewater and one hundred fifty percent (150 %) of the City rate for water. 15.06.015 ASSESSMENTS, RATES, FEES AND CHARGES — ESTABLISHED. Assessments, rates, fees., and charges for services relating to the Department eer ie Works and Utilities for water, wastewater, stormwater., and other related services are establish n file with the City Clerk and made- posted ed on the City of Bremerton's website. See Chapter 3.01 BMC for the link to the City of Bremerton's website for rates and fees. 15.06.020 ASSESSMENTS. (a) General Facility Charge. (1) A general facility charge (GFC) shall be charged on all new or expanded service connections to the utility system (water, wastewater, and stormwater) Existing connections within the system as of the effective date of this Code shall be considered to have paid their proportionate share of the general facility charge for existing use. (2) Parcels and/or facilities which have had utility services but have been inactive can request to have the inactive account be reactivated. When the account is restored and/or expanded, the GFCs shall only be charged for the additional demand placed on the water, wastewater, or stormwater facilities. i. All appropriate GFCs (water /wastewater /stormwater) will need to be paid to reactive the services. (3) Parcels and/or facilities in which no utility services are present shall be defined as new undeveloped parcels and shall receive no credits and shall pay all applicable assessments, rates, fees, and charges. (4) Change of use or loading for the facility, which is a reduction in GFCs will not be refunded or credited. 51 Title 15 Amendments (5) The calculation of the general facility charge for stormwater shall be based on the total number of IHSU's added to the parcels (2-66) The calculation of the general facility charge for water shall be based on the meter size to be installed for a new or expanded water service. (37) The calculation of the general facility charge for wastewater shall be based on the number of equivalent residential unit(s) (ERU) served and shall be computed as follows: Single-Family Residence 1 ERU/t AccessoEy Dwelling Unit 0.65 ERU /unit Duplex / Zero lot line two units) 1 ERU /unit Multifamily three or more units 0.65 ERU /unit Mobile Home Space in Mobile Home Park (common building at additional commercial rate and laundry areas at 0.65 ERU per space laundry rate Recreational Vehicle Waste Dumping Station 0.65 ERU per station Schools 0.030 ERU per student capacit Churches (school uses at additional per student capacity 0.65 ERU per 100 seats rate) Hospitals - General 1 ERU per bed Convalescent Hospitals (additional charges for kitchen or other fixtures throughout the facility at the commercial 0.50 ERU per bed rate Residential Care/Boarding Facilities 0.25 ERU er bed Hotels and Motels (additional charges for restaurant or tavern at restaurant or tavern rate, laundry areas at laundry 0.25 ERU per room or motel unit rates, and meeting room areas with fixtures at commercial rate Food Preparation and/or Serving Areas 0.15 ERU per 100 square feet Vehi Nx-,,.,t, Self- Service Vehicle Wash 1.17 ERU per ba Full- Service Vehicle Wash 15.66 ERU per ba All Other Vehicle Washes See Wet Industrial Laundries and Laundromats 0.30 ERU per 100 square feet Industrial Laundries See Wet Industrial Remodels of the above - listed, which result in no increase in the units on which the charge for a new building is calculated, the ERU for the remodel will be calculated on the basis of the fixtures added using the amounts in the Commercial section. Commercial, Office, and Dry Industrial Charge for each plumbing fixture to be installed Bathtub w/ or w/o shower 0.13 ERU Dental unit or cuspidor 0.1 ERU Dishwasher 0.1 ERU Disposal 0.1 ERU Drinking Fountain 0.05 ERU Floor Drain 0.01 ERU 52 Title 15 Amendments Fountain/Backwash 0.1 ERU Kitchen Sink 0.08 ERU Laundry Tray 0.08 ERU Lavatory 0.05 ERU Service Sink 0.08 ERU Shower each head 0.13 ERU Swimming Pool/Backwash 0.1 ERU Urinal 0.17 ERU Urinal Trough for each two -foot section 0.17 ERU Wash Sink for each set of faucets 0.08 ERU Washing Machine 0.07 ERU Water Closet 0.33 ERU To be determined on an individual Wet Industrial basis by the City utilizing the formula listed below. GFC = G.P.D. /236 x SRF x F G.P.D. = Anticipated volume of discharge to sewer in g allons per day. SFR = Current general facility charge for a single - family residential unit. F = Extra strength factor, whole number multiplier derived for every 330 mg/l of biochemical oxygen demand or suspended solids, or fraction thereof, in excess of the first 330 mg/l of biochemical oxygen demand or suspended solids. Example: Factor Range 1 0 -330 2 331-660 3 661-990 continues per 300 increment Undefined Building and Sewer Use To be determined on an individual basis by the City. Determined on basis of additional loading or new use for entire Additional Loading or Change of Use facility less credit for former use. No refunds if new use is less than former use (47) The following are the definitions of the classifications used in establishing the ERUs: "Church" is defined as a building or structure whose principal use is for worship and in which the incidental use for school or recreational purposes is less than twelve (12) hours per week. Church buildings used for school purposes in excess of twelve (12) hours per week shall 53 Title 15 Amendments be charged the GFC per student capacity in addition to the charge per one hundred (100) seats as a church. "Commercial building" is defined as a building used for conducting of wholesale or retail trade. Dry industrial buildings or structures are those buildings or structures housing light industrial activities where use of water and subsequent discharge of sewer does not occur in connection with the industrial process. Warehouses and other storage buildings with sewer connections are classified as dry industrial buildings. "Convalescent hospital" (or rest home) is defined as a building or structure used for housing of persons convalescing from illness or injury or persons requiring close personal care. No additional charge shall be made for laundry or food and drink preparation and serving facilities included in the convalescent hospitals. "Food preparation and serving facility" includes restaurants, taverns, delicatessens, and wholesale and retail bakeries, but does not include canneries, dairies, cheese factories, packing houses and similar facilities, which shall be classified as "wet industrial" under the paragraph addressing wet industrial. "General hesl Hospital " is defined as a building or structure used for the temporary housing of ill or injured persons and containing facilities for medical and surgical treatment of such persons. No additional ehEffge shall be made for- laundry and feed and dFink pr-epafatieft an A "Hotel" (or motel) is defined as a building or group of buildings used for temporary housing of persons containing rooms or units intended for the use of transient persons. Those areas within hotels and motels to be used for commercial preparation of and serving of food and drink shall be charged at the rate for food preparation and/or serving. Commercial areas within hotels and motels, including convention facilities and other such common areas other than lobby areas, shall be charged at the rate for commercial and dry industrial areas. Areas used for laundry facilities in hotels and motels shall be charged at the rate for laundries and laundromats. Such additional charges for food and drink, commercial areas and laundry shall be in addition to the charge per room or motel unit. "Industrial laundry" is defined as a building or structure or parts of buildings and structures used for housing and operating laundry equipment for the large scale washing of uniforms, towels, linens, etc. The anticipated volume and strength of the sewage to be generated from an industrial laundry would be considerably more than that from a commercial laundry or Laundromat. Industrial laundries shall be classified as "wet industrial" under the paragraph addressing wet industrial. "Laundry" and " Laundromat " is defined as a commercial building and structure, or parts of commercial buildings and structures, used for housing and operating laundry equipment by the general public to wash clothes and linens for personal use. "Mobile home park" (including travel trailer parks) is defined as any area or tract of land having a sewer connection, and where sewerage collection pipes are extended to two (2) or more spaces occupied by, or intended to be occupied by a mobile home, travel trailer, or motor home which are defined as a vehicle with or without motive power which is designed, used, or intended for use as a place of human habitation, or as eating, sleeping, or living quarters or any combination thereof. A mobile home space is defined as the individual location having a sewer hookup for each such vehicle. For purposes of determining the GFCs for mobile home parks' common buildings, such as recreation halls, etc., shall be charged as commercial buildings. 54 Title 15 Amendments Buildings housing laundry facilities shall be charged as laundries and laundromats and food or drink service buildings shall be charged a food preparation and/or serving. "Multifamily residence" shall be defined as a building or a group of buildings housing three (3) or more families, living independently of each other, a family being defined as one (1) or more person living as a single housekeeping unit or household sewer service being provided through not more than one (1) sewer connection. Common buildings in an apartment house complex requiring sewer service shall be charged as commercial buildings and that portion of buildings housing common laundry facilities shall be charged as laundries and Laundromats. "Recreational vehicle waste dumping station" is defined as a building or structure used for the dumping of sanitary sewer wastes from recreational vehicle holding tanks. Includes gray water from sinks and showers. (This excludes an individual collector installed by a homeowner for his/her own use.) "Residential care/boarding facility" is defined as a residential building or structure used for housing of persons requiring either long -term supervision and general care, or any type of dependency recovery. No additional charge shall be made for laundry or food and drink preparation and serving facilities included in the residential care/boarding facilities. "School" is defined as a building or group of buildings used for school purposes more than twelve (12) hours per week, involving assemblage for instruction, education, or recreation. Schools may be public or private. "Single- family residence" shall be defined as a building containing one (1) kitchen, designed and/or used to house not more than one (1) family, including all necessary employees of such family, such building having a single sewer service connection. Mobile homes occupying a separate lot and providing permanent housing with a separate sewer connected shall be classified as a single - family residence. "Undefined buildings" and "undefined sewer use" are those not defined in subsection (a)(47) of this section. "Vehicle wash" is defined as a commercial building or structure used for washing vehicles. Self- service vehicle washes are coin - operated facilities serving the general public that require the customer to wash the vehicle. Full- service vehicle washes are facilities serving the general public, wherein the vehicle is washed for the customer, either automatically or by attendants. All other vehicle and parts washing or steam cleaning facilities that discharge to the wastewater system will be reviewed on a case -by -case basis. "Wet industrial" is defined as a building or structure housing industrial activities where the use of water and subsequent discharge to the sewer occurs in connection with an industrial process. Facilities with a discharge of two hundred thousand (200,000) gallons per day or greater are considered wet industrial. Other facilities that discharge less than two hundred thousand (200,000) gallons per day, and whose anticipated strength of the sewage to be generated from the facility is greater than domestic sewage strengths, may also be considered wet industrial. Those facilities will be reviewed on a case -by -case basis. The anticipated volume and strength of sewage from an average single- family residence shall be considered when calculating GFCs. (5l; ) Additional loading or change of use is defined as an increased demand for wastewater treatment from an existing wet industrial building or structure. The additional loading may be the result of replacement or addition to an existing structure or facility, a change in use, or a fifteen (15) percent or greater increase above the permitted volume or character of the wastewater constituents being discharged. 55 Title 15 Amendments (69) ERUs shall be determined on the basis of the number of single- family residence equivalent units with the additional loading or the new use with credit being given for the number of single- family residence equivalent units of the original facility. No refund will be given if the change of use results in a decreased sewer loading. Any addition to an existing single - family residence which does not result in an additional dwelling will be exempt from additional charge. (7LO) The calculation for general facility charges for stormwater shall be based on the number of impervious hard surface units (IHSUs) as defined in BMC 15.01.020. The number of IHSUs charged shall be based on the total impervious area divided by the amount of impervious area in an IHSU. However, all single - family residential parcels as defined in BMC 15.01.020 shall be one (1) IHSU. For commercial developments, wherein the City requires that the development provide for onsite detention, the IHSUs charged shall be based on the number of acres (5.4 IHSUs per acre). ($1 J1 All GFCs shall be assessed and paid at the time of execution of the atility Utili sepviee Service agr-eement greement and prior to occupancy of the new or expanded facilities and shall be in addition to rates and other fees, assessments, and charges established for utility service. A deferral of fees may be approved by the Director at his or her discretion through a written agreement with the customer which includes any interest on the outstanding fees. , twenty five (25) per-eent ef all GFGS shall be paid at the te rates and ether- fees, assessfaents, and ehar-ges established fer- utility seMee, shall be paid at (b) Connection/Inspection Fee. A connection/ inspection fee shall be charged for all service connections to the utility system. Additional fees may be charged if a reinspection is required as a result of the property owner /developer's failure to comply with the correction notice from a prior inspection, inaccessibility of facilities for scheduled inspections, or an unsafe site. The connection/inspection fee or deposit shall be assessed and paid at the time of execution of the utility service agreement. (c) Change in class of service or ERU assignment. When a change occurs which would place the customer in a different class of service or change the ERU assignment from that on which general facility charges have been paid, an additional general facility charge shall be charged. The additional fee shall be the difference between the general facility charge, calculated at the current rates, based on the current class of service and ERU assignment, and the general facility charge that has already been paid. _(d) Wastewater- Genneetien Agreement. A wastewater- eemeefien agreement may-be emeetited between the City ef Br-emeilen and a aser- whe desims te obtain wastewa4er- seFviee far- an existing residential or- neafesidential stmePaFe eenneeted to a septie system. The wastewater- eenneefien agreement, negetiated on a ease by ease basis, will allew the User- te make payfflefi4s en any eenneefien fee in eyeess ef five thousand dellafs ($5,000) ever- a peried of 6 (ed) Capital Reserves. The general facility funds collected under this chapter shall be deposited in the utilities capital reserve fund and used only for utility system capital improvements. 56 Title 15 Amendments 15.06.025 SEWER CONSERVATION LOAN PROGRAM. (a) Property owners who meet the requirements of this section may qualify for a loan known as a sewer conservation loan pursuant to RCW 35.67.360. A sewer conservation loan under this section is a loan from the City to a property for all, or a portion, of the GFC established under BMC 15.06.020 and any inspection fees related to connection to the City's sewer-- wastewater system. The principal amount of the loan authorized by this section shall not exceed the amount of the GFC, together with inspection fees. (b) In order for a property owner to qualify for a loan under this section, the property to which the connection is to be made must be: (1) Within the City's wastewater system (2) A developed lot with an existing single - family home; and (3) Served by a septic system that has been designated as a failed septic system by the Kitsap Public Health District. (c) In order to qualify for a loan under this section, the property owner must: (1) Complete a sewer conservation loan application; (2) Pay the sewer conservation loan application fee; (3) Have no utility shut -offs within the thirty-six (36) months prior to the date of the sewer conservation loan application; (4) Execute a promissory note and deed of trust under the terms set out in this section; (5) Pay the recording fee to record the deed of trust; and (6) If outside City limits, agree not to protest any annexation petition that includes the property being connected to the City's sewer- wastewater system and grant the City a limited power of attorney to include consent to the annexation of said property as part of any notice of intent or petition for annexation presented to the City. (d) The terms of the loan shall be as follows: (1) The loan will be structured as a simple promissory note. (2) The term of the note shall not exceed five (5) years, commencing on the date the property owner executes the promissory note. (3) The note will bear interest at the rate which is based on the City's current investment yield at the time of the loan, plus a two (2) percent margin to cover administrative costs and interest rate fluctuations over the loan period. (4) The loan will be secured by a deed of trust, or such other instrument as may be acceptable to the City Finance Director and City Attorney. (5) The note shall provide for acceleration of the principal upon default in any payment. In the event of default, the City shall have all available remedies, including, but not limited to, foreclosure of its interest in the property, notification of credit bureaus, use of collection agencies, and terminating service. (6) Loan principal and interest charges will be amortized and billed by the City and due monthly. The monthly payment will be no lower than fifty dollars ($50.00). Appropriate penalties may be imposed by the City for delinquent accounts. (7) There shall be no penalty for prepayment. (8) The note will contain a due on sale clause which provides for payment in full of all outstanding principal and interest upon sale of the property. Loans shall be limited by available funds. The amount of available funds shall be at the discretion of the City Council and 57 Title 15 Amendments shall be determined periodically by City Council motion, resolution, or ordinance. All funds used for loan purposes shall be derived from operating revenues from the sale of sewer services. 15.06.030 RATES — WATER. (a) Retail Water Rates. A general retail water rate shall be assessed all users of the water system. A property owner becomes a customer /user of the water system at the closing of the sale of the property and entering into an agreement by signing the utility billing owner /tenant change form. orm. The retail rate shall be calculated on a periodic billing with a frdaimum zero usage charge based on meter size and a commodity charge computed to the nearest HCF. (1) Sprinkler and Fire Protection Service. The Department shall levy a general fire service charge to users of the utility water system for fire service provided. The fire service rate shall be billed on a periodic billing and shall be based on the fneter-assembly size installed The sefviee ehafge her set fei4h shall be gmated et-Ay duF�fig sueh times as there is ne Water used for purposes other than extinguishing fires through a fire service connection shall be charged at a rate not less than double the domestic rate provided by this Chapter. (2) Temporary/Construction Water Meters. Persons desiring temporary water service from a fire hydrant, hose connection, or meter for the purposes of construction, special events, or other activities that are limited in duration shall make application to the Department on the form provided and make a deposit established for temporary/construction water meters. A deposit based on meter size shall be assessed for temporary /construction water meters. The deposit may be retained by the City to recover damage, loss, or any misuse of the water meter. Temporary/construction water meters shall be limited to six (6) month duration and may be renewed subject to approval by the department. The rate shall be calculated on a periodic billing with a minimum service charge based on the water meter size and a commodity charge computed to the nearest HCF. (b) Wholesale Water Service. The Department may sell water to water districts or other public agencies. Such service shall be through a metered wholesale water usage contract, under such terms and under such conditions as shall be deemed fair and equitable by the City. All wholesale water contracts shall be subject to Mayoral approval and City Council authorization. 15.06.040 RATES — WASTEWATER (a) Retail Wastewater Rates. A general retail wastewater rate shall be assessed of all users of the wastewater system. A property owner becomes a customer /user of the wastewater system at the closing of the sale of the property and entering into an agreement by signing the utility billing owner /tenant change form. The retail rate shall be calculated on a periodic billing with a zero usage fixed fee service charge and a commodity charge computed to the nearest HCF. The retail rate shall be based on flow and strength of sewage discharged by the user of the system. Flow shall be determined by the metered amount of domestic water usage. Flows for summer usage for single - family, duplex, and multifamily residential customers shall be determined based on the previous six (6) month average winter domestic water usage by the customer, provided the account was active for at least two (2) billing periods of the preceding six 58 Title 15 Amendments (6) months. The calculation period shall be determined by the Department based on usage and billing cycles. In no case shall this calculation for summer usage result in a volume less than two and one -half (2.5) HCF per month. In the event the customer is not connected to a City water system that utilizes a domestic water meter, the flow shall be determined by the Department based on the average flow of the like customer class. Strength shall be determined by the loadings discharged by the customer and shall be segregated into like customer classes based on their respective sewage strengths. (b) Multiple Residential/Commercial Units on Single Water Meter. Any commercial account that has residential living units above the commercial business and/or multiple business suites/buildings served by a single water meter will be assessed a monthly flat fee based on the total number of units at that location. The commercial account discharge strength will determine the sewer rate level. (c) Commercial or Industrial Out of Class Discharge. Any commercial or industrial account that is connected to the astewater system and the amount of wastewater discharged or the strength of the wastewater discharge for that property is different than those defined by the current billing rates will need to be assessed on an individual basis. The assessment will be determined and approved by the Department and a special billing rate will be established for that business. 15.06.050 RATES — STORMWATER. (a) Surface Drainage / Stormwater Rates. A general retail stormwater rate shall be assessed on all property e%%er-s within the City. steffiwater- system. Rates shall be determined by the approximate amount of impervious hard surface area of developed parcel, including publicly owned property and right -of -way. Impervious surface, measured in equivalent impervious hard surface units (IHSUs) shall be determined for each individually developed property, except single - family or duplex uses which shall be assigned the minimum rate. Payment of a surface drainage /stormwater rate does not guaranty that property subject to the charges will always or at any time be free from stormwater flooding or flood damage or that stormwater systems capable of handling all stormwater events can be cost effectively, operated, or maintained. (b) Improper Stormwater Inflow to Wastewater System. A rate shall be assessed on all property owners who have an improper stormwater discharge to the wastewater system pursuant to the Utility Fee and4WeAssessments, Rates, Fees, and Charges Sehedxle - set forth in Chapter 15.06 BMC established for stormwater by City Council ordinance. Rates shall be based upon the approximate amount of impervious hard surface area of the property. The impervious surface area, measured in equivalent impervious hard surface units (IHSUs), shall be that used for the stormwater rates elsewhere in this chapter. Payment of the improper stormwater surcharge shall be terminated when the property has disconnected all sources of the improper stormwater inflow from the wastewater system. The service rate for maintaining an improper stormwater inflow connection to the wastewater system will be identified on the utility billing statement as " Stormwater Facilities Impact" fee. (c) Stormwater rate classes are as follows: (1) Residential. 59 Title 15 Amendments (i) Stormwater I. The basic stormwater service rate. (ii) Stormwater II. This rate consists of the basic stormwater fee, plus fifty (50) percent of the current stormwater fee as the " Stormwater Facilities Impact" fee. This class may have a driveway drain of not more than four hundred (400) square feet of impervious surface draining into the sanitary sewer- wastewater system and no other improper connection to the wastewater system. (iii) Stormwater III. This rate consists of the basic stormwater fee, plus one hundred (100) percent of the current stormwater fee as the " Stonmwater Facilities Impact" fee. This class has a driveway drain with more than four hundred (400) square feet of impervious surface draining into the sanitary seweFwastewater system and/or more than one (1) improper connection to the wastewater system. (2) Commercial. (i) Commercial I Stormwater. The basic commercial stormwater fee. (ii) Commercial H Stormwater. The basic stormwater fee, plus fifty (50) percent of the current stormwater fee as the surcharge. This class may have no more than four hundred (400) square feet of impervious surface where stormwater runoff is collected by a roof drain, parking lot drain, driveway drain or any other device that conveys this runoff into the sanitary astewater system. This does not include stormwater runoff that is collected from under fueling station canopies since these areas are required to be connected to the sani sewer- wastewater system. However, roof runoff from the canopy is not allowed to be connected to the ` , m wastewater system. This class may not have more than one (1) improper connection to the sewer-wastewater system. (iii) Commercial III Stormwater. The basic stormwater fee, plus one hundred (100) percent of the current stormwater fee as the " Stormwater Facilities Impact" fee. This class has more than four hundred (400) square feet of impervious surface where stormwater runoff is collected by a roof drain, parking lot drain, driveway drain or any other device that conveys this runoff into the sarzitary seweFwastewater system. This does not include stormwater runoff that is collected from under fueling station canopies since these areas are required to be connected to the sanitary sewer-wastewater system. However, roof runoff from the canopy is not allowed to be connected to the astewater system. (d) Rate Adjustments. Rate adjustments for water quantity and water quality pursuant to the UfiliP RateAssessments, Rates, Fees, and Charges set forth in Chanter 15.06 BMC twill be applied to all multi - family (three (3) or more units), commercial, and industrial development which provide for the installation of on -site water quality and quantity improvements which includes pervious surfaces or any other improvements that meet all Systern DevelepmerA ineering Design and Construction Standards. Eligibility will require the treatment of stormwater discharges prior to entry into the utiWstormwater system and the reduction of the amount of stormwater discharges into the utilit5-stormwater system to an amount not to exceed two- tenths (0.2) cubic feet per second, CFS per acre based on a twenty-five (25) year storm. These amounts of discharge shall be segregated into like customer classes based on their respective stormwater discharge quantity and/or discharge quality All new development will be required to install water quality and quantity improvements prior to connection to the stormwater system and will receive the rate adjustment upon successful completion of the installation. For purposes of the rate adjustment, the amounts of discharge shall be segregated into like customer classes based on their respective stormwater discharge quantity and/or discharge quality Application for building permits or fill /grade permits must 60 Title 15 Amendments include standard stormwater quality and quantity improvement plans. If topography, soils, location or lot size make on -site detention impractical, new development may be permitted, but a penalty shall be assessed pursuant to the Utility Rate Assessments, Rates, Fees, and Charges Sehedele forth in Chapter 15.06 BMC if stormwater runoff from the developed property exceeds three- tenths (0.3) CFS per acre based on a twenty-five (25) year storm. The facts set forth in this subsection shall apply only if the on -site or other facility that has received an adjustment in its rates is maintained and operated in accord with this Chapter and the Engineering Design and Construction standar-ds Standards applicable at the time of billing. In the event that the Director determines that the system is not properly operated and maintained, the rate reduction shall be discontinued until deficiencies are corrected in addition to other remedies provided in this chapter. (e) Exempt Properties. (1) All parcels of property that are undeveloped. (2) All public rights -of -way. (f) Public School District Properties. Parcels owned or leased by public school districts which provide activities which directly benefit the surface and stormwater management program. The activities may include: curriculum specific to the issues and problems of surface and stormwater management and student activities in the community to expose students to the efforts required to restore, monitor, or enhance the surface and stormwater management system. Pursuant to RCW 35.92.021, the amount of the service charge shall be determined by the Director, based upon the cost of the activities to the school district, but not to exceed the value of the activity to the stormwater management program. Determination of which activities qualify for the stormwater management service charge reduction will be made by the Director. Reductions in stormwater management service charges will only be granted to school districts which provide programs that have been evaluated by the Director. The service charge adjustment for the school activity may be applied to any parcel in the stormwater system service area which is owned or operated by the school district. In order to remain eligible for the rates, the applicant shall be required to reapply eve1y year and submit the request to the Department. (g) Implementation Schedule for Annexed Properties. When annexed to the City, all multiple family and commercial properties with two (2) or more IHSUs will receive the rate adjustments described above per IHSU for two (2) years from the date of annexation; provided, the property owner submits engineering plans and specifications for on -site stormwater quantity and quality improvements for their property within nine (9) months of annexation, and said plans are approved by the Department according to System Develepmext Engineering_Design and Construction Standards. Failure to comply with any of the aforementioned provisions will result in these accounts being charged at the retail stormwater rate beginning eee - two (4-2) years from annexation. 15.06.060 MISCELLANEOUS FEES AND CHARGES. The Department shall set fees and charges to recover its administrative and operations expenses related to the services set forth herein. payme of thei Oil t y bill will be a ll e ea a er- edit o ea eh bill e, eh er- edit will wit (ba) Low - Income Senior Citizens and Low - Income Disabled Citizens. Only single - family residential accounts are eligible for the rates described in this section. To qualify for the 61 Title 15 Amendments low- income senior citizen rate, the individual shall meet the criteria established by RCW 74.38.0700). To qualify for the low- income disabled citizen rate, the individual shall meet the criteria established by RCW 46.16.381(1) or 74.18.020(4) and RCW 70.164.020(4). In order to remain eligible for these rates, the applicant shall be required to reapply each year with the Department. (ebb) Service Fee — Field. A service fee shall be charged for all service calls to the owner's premises. Service calls shall include, but not be limited to, turn- on/turn -off of water services as a result of delinquent payment of accounts, special needs requests for after -hours turn- on/turn-off of water for customer maintenance, after hours utility location requests, and repeat service calls during normal work hours. The service fee shall be added to the regular utilijy bill. After hours, weekend, and holiday service requests shall require acknowledgment by signature of the requesting party on the form which identifies the additional service and fee provided by the service specialist. The service fee shall be added to the regular utility bill. A fee shall be levied in the event it is necessary to remove and restore surface improvements, including but not limited to asphalt concrete and concrete streets and sidewalks, in order to install a service connection or other utility improvements. (dc) Service Fee — Office. A service fee shall be charged for all account maintenance, including, but not limited to, activation and discontinuation of the utility account, changes in address, designated agents, duplicate billing, and property liens. The service fee shall be added to the regular utility bill. (ed) Delinquency Charge. A delinquency charge of one (4) percent 1% er month shall be added to the unpaid balance of each and every utility bill which is not paid on or before such bill becomes delinquent. (fee) Cross - Connection Control Inspections. The Department shall charge a fee for the required afmual inspection re- inspection, additional mail notices, or door notices of backflow prevention devices if . The service fee shall be added to the regular utility bill. (gD Fire Hydrant Services. The Department may enter into agreements with owners of private fire systems for hydrant repairs and maintenance. (hg) Grinder Pump Surcharge. The Department may enter into agreements to service customers with individual grinder pumps. An individual service charge shall be assessed to the customer for the city's operation and maintenance of these pumps as set forth in Appendix A ef this ehaptff Chapter 3.01 BMC (h) Abatement Charges. All costs associated with the City's repair of private systems; including engineering, administration, materials, equipment, labor, and contracted services. Chapter 15.07 UTILITY BILLING 15.07.010 PURPOSE. The Ordinances codified in this chapter provide for the establishment of a Department billing and receipting system for the reimbursement of the costs of providing utility service. The Department is additionally authorized to provide to other municipal corporations billing and accounting services through interlocal agreement approved by the Mayor and authorized by the City Council. 62 Title 15 Amendments 15.07.020 UTILITY SERVICE ACCOUNTS. The Department shall create a Utility Service Account upon receipt of an executed Utility Service Agreement or an executed Owner/Tenant Form as applicable The account shall be in the name of the owner and may be activated or terminated only upon written notice by the owner and payment for services provided. Billing for Utility services shall commence for each service at the date of connection to or- use of the Utility system unless modified her- f each service to the property or the date of the closing of sale for a property Billing for mandated wastewater service, as directed by the Health Officer or the Depeat- regardless of connection, shall commence sixty (60) days following written notice by the Health Officer or the date of connection whichever shall occur first. All Utility Billing forms will be available on the City of Bremerton website. Electronic signatures will be accepted for all Utility Billing online application submittals. 15.07.030 ACCOUNT MAINTENANCE. Whenever the owner of a premises connected to the Utility system desires to have the service activated or discontinued for his own or another's use, he shall notify the- Utility Billing in writing on the forms provided. The Department, upon payment of a service fee, will activate or discontinue service or pro rate the customer bill for partial billing periods upon the request of the owner. Reconnection of service will require payment for all ided prier- to utstandina fees and charges to the account Where a water service has been inactive. meter pulled, house removed, or the house has been vacant for more than one hundred eighty (180) days and the owner petitions to reactivate the service to the premises, in addition to making application, a flow test will be required to evaluate the service to determine if adequate flow is currently available. The Department will perform the flow test at the ewaeOs expens e cost to the owner A service fee and payment for any unpaid previous charges shall be assessed prior to activation of the service. If inadequate flow is determined, a new service will be required by the Department and shall be at the expense of the owner. Where the sewer lateral has been 1) capped and the house removed or 2) the sewer account has been inactive for more than one hundred eighty (180) days, the sewer lateral will be videoed by the City. If the video, in the opinion of the Director, shows that the sewer is in good condition then the sewer can be reactivated. If the video indicates that the sewer lateral, in the opinion of the Director, is defective, then the new sewer lateral will be required and shall be replaced at the expense of the owner. 15.07.040 BILLING STATEMENT. The Department shall regularly bill each Utility Service Account for all fees, rates, and charges for service during the billing period. Payments received on each service account shall be applied in the following priority to the outstanding account balances: abatement charges, fees, administrative charges, stormwater impact fee, stormwater charges, wastewater charges, and water charges. Receipts shall be credited to the oldest balances first. A utility bill shall be considered past due thirty (30) days after date of billing. 63 Title 15 Amendments A utility bill which remains unpaid after the due date shall be classified as a delinquent account and shall be subject to delinquent charges. 15.07.050 BILLING AND DUPLICATE BILLINGS. Billing statements shall be mailed to the address requested by the property owner. Duplicate bills sent to a different address shall be assessed a duplicate billing charge if applicable, sufficient to recover all costs of processing and mailing. The property owner shall be responsible for all fees, rates and charges on the Utility Service Account iffespeefive irregardless of the use of the duplicate billing procedures or their request to send the statement to their tenant or agent 15.07.060 AUTOMATIC CASH TRANSFER. A property owner or his designated agent may at his option request in writing, on the form provided by the Department, direct automatic transfer of funds from a designated account at a financial institution to the Department for payment of utility service. The tfaasfer- shall be . The property owner shall receive a statement of the charges to be paid and the transfer shall be made at the time of the due date of the regular billing of f the account. 15.07.070 DESIGNATED AGENTS. Any property owner may designate an agent to receive billing and provide for account maintenance. To designate an agent, the owner must deliver to the Utility billing office a properly executed form provided by the Department. The owner shall be responsible for notifying the Department of any change in the agent's status. 15.07.080 DELINQUENT ACCOUNTS. The Department shall have the right at its option to terminate service to the premises for which the account is delinquent, provided service is not to be terminated for those accounts which require utilities for the operation of life - sustaining machines or equipment. Such an exception shall require the submission of written documentation of the requirement signed by a licensed physician, following each notice of delinquency and must be submitted to and approved by the Director. When an account becomes delinquent, the Department shall provide written notice to the owner or agent notifying that the account is delinquent. The written notice shall contain the following information: date of termination which shall be no sooner than ten (10) days from notice; a statement of the reason for the proposed termination of service; a statement of what may be done to avoid termination; a statement that the property owner may file a written appeal with the Department, and the rights of the property owner to dispute the proposed termination. The Department shall visit the service address ten (10) days following the written notification and physically place a final notice of termination on the door of the residence. The notice shall contain the following information: the reason for termination of service; the time in which service will be discontinued which shall not be sooner than forty-eight (48) hours from final notice; a statement of what may be done to avoid termination; a statement that the property owner may file a written appeal disputing the proposed termination. 64 Title 15 Amendments If payment is not received within 48 hours following final notice, the service to the premises shall be terminated. 15.07.090 LIENS. Any and all charges provided for in this Chapter shall constitute a lien against the property served when the charges become delinquent and unpaid. Enforcement and collection of the lien shall include, but not be limited to, the right to discontinue service and deny service thereafter to any and all owners and/or occupants or tenants at the premises until the lien has been satisfied. In the case where the owner of the premises moves to another location within the service area or applies for service at a new location, service may be denied at such location until the lien at the first location has been satisfied. The Department shall file a lien against the property served at the Office of the County Auditor for Kitsap County when a utility account becomes delinquent and unpaid. Such lien shall include the delinquent charges, a charge for the cost of preparing and filing said lien. Failure to receive a bill does not relieve an owner or user of the responsibility for payment of charges and penalties on the account. 15.07.100 DEFERRED PAYMENT. A deferred payment arrangement may be extended to customers for the payment of delinquent accounts where the customer can demonstrate a temporary inability to make full payment. Customers who have failed to comply with previous payment arrangements, have a history of payment problems or fail to stay current in utility bills may be denied deferred payment arrangements or have arrangements terminated. 15.07.110 ADJUSTMENTS. In the event of excessive registration of the water meters caused by broken or leaking water service pipes - lines upon the premises of any customer, without knowledge or fault of the customer, an adjustment may be requested upon written application within a thirty (30) day period of receipt of the billing in question. AAer- the repairs must be completed and sa d with documentation of satisfactory repair For all repairs completed within sixty (60) days after notification of the leak reduction in fees - - char sl3$I4 Beare limited to one -half of the excess water billing and the entire excess sewer billing as determined by the Department to be associated with the billing period in question. If the customer fails to make repairs within the sixty (60) days after the notification of the leak, the Department will not make any adjustments to the customer's account for any of the excessive water or sewer usage. If a customer disputes an adjustment, an appeal may be filed as set forth herein. 15.07.120 METER FAILURE. In the event of a meter failing to register properly, the user shall be charged an estimate of the consumption from whatever may be considered the most reliable data or method available to the Department. The adjustment may be for a period up to three (3) years. 65 Title 15 Amendments 15.07.130 DISCONNECTION. No person or owner of any premises connected to the City's water supply system shall disconnect the water on said premises, unless he shall first file a written request and pay all arrearages current on water usage for said premises. Chapter 15.08 APPEALS 15.08.010 APPEALS — PUBLIC WORKS AND UTILITY DEPARTMENT. A property owner, tenant or developer ( "customer ") shall have the right to appeal matters dealing with utility accounting, billing and service termination. In the case of termination of service, an appeal shall be filed in writing with the Public Works and Utility Department ( "Department ") within fourteen (14) days of the notice of termination. All other complaints shall be filed within thirty (30) days of notice of the action appealed. The Department shall be required to respond in writing to the appellant within thirty (30) days affirming or reversing its decision or requesting additional information for adjudication of the complaint. 15.08.020 APPEAL — ADMINISTRATIVE HEARING EXAMINER. Any customer aggrieved by the Department's decision after a written complaint has been denied by the Department under BMC 15.08.010 may, within fourteen (14) calendar days from the date that the Department's decision was mailed to the customer, appeal such denial or revocation by filing a written notice of appeal setting forth the grounds therefor with the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. A filing fee as set forth in Chapter 3.01 BMC shall be submitted with the appeal, which filing fee is required to process the appeal. The hearing shall be conducted in accordance with the procedures for hearing contested cases set out in Chapter 2.13 BMC. After the hearing thereon, the Administrative Hearing Examiner shall, after appropriate findings of fact and conclusions of law, affirm, modify, or overrule the Department's decision, and may impose any terms thereupon. The decision of the Administrative Hearing Examiner shall be final. The customer and/or the City may seek review of the decision by the Superior Court of Washington in and for Kitsap County within twenty-one (2 1) calendar days from the date of the decision. SECTIONZ Severability. 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. 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 2014 GREG WHEELER, Council President 66 Title 15 Amendments Approved this day of , 2014 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of 9 2014 EFFECTIVE the day of , 2014 ORDINANCE NO. R :\Legal\Legal \Ordinances\Public Works & Utilities \Title 15 updates 2014 \Title 15 (2014) - Final.docx 67 Title 15 Amendments V . • # �telpr�,g r�st� V � �^ x.11 - +`+�+ • M'' R- y -a� � _ s,. �.� ; _ ; ^„'►— - ` :� r r. 9 " it �., a !� . '�t. ,'�; pq Cowl art y: �ar�th RD 3 S A TU RDA Y O Tasks wi�� r�c�ude: EVERY MONTH FOREST RIDGE PARK STEWARDSHIP DAYS �r��l m�ira #enan�e, v�reed r�rnoua( r�stroorr�, facile p of communit volu nteer5 vacrer the direct ion of Leadefsh Kilsap and in collaboration with the CiTV of Bremerton, have iakenon creati fig a fovestffidgePark Stewardship Group that will prioritize uda:tes arc rn�ar p beautification tasks on a monthly The pp 1 �U'17!l tll group is requesling donations from local businesses for project supplices 1 w ill prov and pas on ! !. All are welcome to participate I UPC06V1ING EVENT = 71Mf 9`OOarr►'T2 rat i Council Member J erry McDonald will host the next District 3 Community Meetin g Monday me 23 , 2014 6:30 to 8:00 PM at s Happening in District 3 ?" FeatullnX... Bremerton Fire ChiefAl Duke & BPD Comm unity Resource Specialist joe Sexton This meeting will be held at the Bremerton Senior Center East 13"' Street & Nipsic Avenue All City of �Brenwrton resi dents x e ncomr - a ed to attend ! n � � , r - L L Elm .. � J...r _ tom— � 1 = L , 1 - • � �'�' �, � --1' � _ 1 ._�,� T ���"" �- ' -+�_-- - � � _ � - y j �� � : , y am/ ► \` � I � t i S K r ,4 ��. ✓'�� �'.� rti i ��J � �l t � ' �\ � . � � t �: ,^�yS �'� � _ ' .. r �.. `'S. �� ,i ' `' � .. ., x 1 �� •, - All 1. 9 will 4 y �, I �, 4k�.� 1 5 1 � i _, 14 i 1 11 .I :`tin 4 1 i 7 �o- ICY.' w �du + za I 1 , 1 Community Leadership Coalition & Alliance (CLCA) o _ "The people of Texas are informed that in accordance with a Proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of rights and rights of property between former masters and slaves, and the connection heretofore existing between them becomes that between employer and free laborer. " The celebrations that followed the reading of the proclamation began a tradition that has lasted for one hundred and forty years. The first documented Juneteenth celebration was in Seattle in 1890. T . R IN THE CITY OF BREMERTON �t s c r ,� ' "o Vendor Registration Fee $25 — Due By June 1 201 FOR INFORMATION CALL ROBERT BODDIE 360 - 551 -0987 JD SWEET 360 - 620 -9856 or Email jdlsweet@aol.com Board (Gamos Free Face Psountang & BaHcona JOIN US THIS SUM MERFOR NUTTtITIOUS LUNCHES 2014 5 ervice Pr o gr am or Ch ild r en 7` No meal service July inn June 23, 2014 - August 15, 2014 Brkfst Lunch Snack Days Location Address 11:30 -12 3:15 -3:30 M -F Crownhill Elem. 1500 Rocky Pt Rd - 11:45 -12:15 3:15 -3:30 M -F YMCA (East Bremerton) 2261 Homer R Jones Rd - 12 -12:30 3:15 -3:30 M -F Naval Ave (Boys'n Girls Club) 900 Olympic Ave s .r June 23, 2014 - July 10, 2014 Brkfst Lunch Snack Days Location Address ^� • 7:45 -8 11:30 -12 - M -F West Sound Tech 101 National Ave June 23, 2014 - July 3 2014 Brkfst Lunch Snack Days Location Address 12 -12:30 - M, T, W, Th Nollwood 385 Nollwood July 07, 2014 - August 08, 2014 Brkfst Lunch Snack Days Location Address - 12 -12:30 - M -F Blueberry Park 737 Sylvan Way - 12 -12:30 - M -F Marlette Park 1300 Vandalia - 12 -12:30 - M -F Haddon Park 15th & Ford Avenue - 12 -12:30 - M -F Kiwanis Park 1701 5th Street June 30, 2014 - July 24, 2014 Brkfst Lunch Snack Days Location Address - 12 -12:30 - M, T, W, Th MVMS (no meals 7/3) 2400 Perry Avenue July 02, 2014 - August 12, 2014 Brkfst Lunch Snack Days Location Address 12 -12:15 - Tuesdays only Downtown Bremerton Library 612 5th St 12:30 -12:45 - Wednesdays only Sylvan Way Library 1301 Sylvan Way July 14, 2014 - August 07, 2014 Brkfst Lunch Snack Days Location Address 9 -9:15 - - M, T, W, Th Armin Jahr Elementary 800 Dibb St 9 -9:15 12 -12:15 - M, T, W, Th West Hills Elem. (Annex) 520 National Ave S 9 -9:15 12 -12:15 - M, T, W, Th View Ridge Elementary 3250 Spruce St Meals must be consumed on site, no charges to children 18 years of age and under. .4. To find the location and time of summer meal sites nearest you, call Family Food hotline at 1.888.4.FOOD.WA 1.888.436.6392 or www.parenthelpl23.org or by text to FOODWA to 877 -877. Last revised May 29, 201• This institution is an equal opportunity provider and employer 1:45pr 0 PUBLIC SAFETY & PARKS COMMITTEE S pecial Meeting T hursday, June 2 6, 2 4m.00 to 6m.00 PM Please join us in a discussion on "Proposed Taxi Re gulations Please bring your questions, comments, and concerns Meeting will be held in the: First Floor Meeting Chambers Norm Dicks Government Center 345 6th Street, Bremerton Hosted by Council Members serving on the PSP Committee Leslie Daugs, Chair; Dino Davis, Vice-Chair; and Mike Sullivan �� _ -�__ T _ __- _ -- For more information, please call (360) 473-5280 ..... ....... __ _- z_ i Saturday, June 28, 2014 (Every 4 t " Saturday) 10@600 AM Meet up at the dock Point of Contact: Rick at (360) 373 -0282 ' �� }'';'nor, a •�} +�. u., +y ,�.. 9�' qc A 4 �r y. f '..,' •:r I I, 1, fia '.. • q ' Shown ? .'rte"..' -"• '' .•�1:. ' SrI �• %a• � rJ . • •�, i K - r '.•'`•. M • • ; •. •. .•. Mme �'' f Shown to Chal Martin on walk through prior to i report to City Council. Photos taken 01 -20 -2014 (in front of 1098 Pacific Avenue) Yi l 1 1,tr '.l •1 Photo taken 02 -01 -2014 prior'to access cover being placed Pointed out and reviewed with PWD on 4 -18 -2014 during walk through (cover was in place) �,� -� � � � .,,. �; v. f r" .�`� - ��; :, .� � ,d 1- �i f� v r {. V l ���,�, t� � °.. a�: ': � �� X77// i / tk � f ,� � � n , , � • .�,��, �. rf�f.! `, —���� � i i � �� j.���� _�. J • S .n���j .` r � �� tom �� )_ 1ti � t F� ��� r ' ��� f� ;_.. �� �� �� �� { rJ ��,' �� � t ti 1 � �; .rte r F _ _ __ _ _.___ - __�___— ;. � —_. i r _ � _ _� << . G. , �" s �. � ' � ` ; 1 ': '> � ,, � � �� � :,:* ��.�r, amt � �;� ��,. __ ;�f � ., �,�. �+ -�,, ' .. � � �:i"� ���i' "r �� � ��r. ��' � - 1�t.��� 'fin � J �� ! 1 �>�n di �� � � ll n i � ti]7 !i� � 4� I v �,, i �j�♦ �rf /r s, +� �_< r , A l t, ale - / .� ✓� O 4 � k / �� `y ' • f j• �Y s� r v l F• f •- 1 } r p^ r • h.a 1 Ir Y A 'A " 1 i rC. r} •� { {1 .� ill � • � •�• ' f• Il] ii I • I' I I . ) r s1' •1 ' I'..lE+r- ►Irr t) ` � 1 i � • � � /'.fi •�, °, • a� r I� ♦ . 1 ' � r Jv. , 4 • • r i • mob. < .•- ._::,,•, ` .. nth Saturday er � r where3 w. UpcoFninc� fva�t J 1 . - - August 4th eVov. J oin us as w e roll up our sleeves help maintain - - - _. Kiwanis Park. - - For more i nfarm a��v � T as k s , e weeding • • li t t er p Tease call 473 -53Q5. up. Please bring your own work gloves, weeding tools, a trash bag and water bottle. Every is invited Come help maintain o nei ghbor h ood • _ ge r green Iti eco-kiendly workout at the same timel 0