HomeMy WebLinkAbout05/07/2025 CITY COUNCIL AGENDA PACKET
______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280
WEDNESDAY, MAY 7, 2025
CITY COUNCIL MEETING AGENDA
Council Members and staff will be participating in the meeting in-person, and the public is invited to attend.
Or beginning at 5:30 PM, the public may participate remotely through one of the following options:
To stream online only (via BKAT Feed, with no interaction possible):
https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live
Members of the public are invited to join the Zoom Meeting by clicking on the link below:
https://bremertonwa-gov.zoom.us/j/89694813320?pwd=Z0JvSXNhSFp1c0xhL1NxUjRhN20xUT09
Or One tap mobile:
US: +12532050468,,89694813320#,,,,*173061# or +12532158782,,89694813320#,,,,*173061#
Or Telephone: Dial (for higher quality, dial a number based on your current location):
US: +1 253 205 0468 or +1 253 215 8782 or +1 669 444 9171 or +1 669 900 6833
Webinar ID: 896 9481 3320; Passcode: 173061
Public questions or comments may be submitted ahead of time to City.Council@bremertonwa.gov
1. BRIEFING: 5:00 – 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. Review of Agenda
B. General Council Business (Only as necessary...)
2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS
3. MAYOR'S REPORT
4. CONSENT AGENDA
A. Claims and Check Register
B. Minutes of Council Meeting – April 16, 2025
C. Minutes of Study Session – April 23, 2025
D. Interlocal Cooperative RAVE Emergency Notification & Alerting System User Agreement with
Kitsap County Department of Emergency Management
E. Resolution No. 3395 and Intergovernmental Agreement with the Suquamish Tribe to Design a
Habitat Restoration Plan for the Gorst Creek Fish Rearing Facility Area
5. PUBLIC RECOGNITION – To address the Council on any issues not already on the agenda.
Please state your name for the record in person, and limit your comments to under 3-minutes
6. GENERAL BUSINESS – There are no General Business items
7. PUBLIC HEARING
A. Public Hearing to obtain comment on the 2024 Comprehensive Plan and Development
Regulations Public comment only, with no action anticipated
8. COUNCIL MEMBER REPORTS
9. 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.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: N/A
Claims & Check Register COUNCIL MEETING Date: May 7, 2025
Department: Legal Services
Presenter: Angela Hoover
Phone: (360) 473-2344
SUMMARY:
Approval of the following checks and electronic fund transfers:
1. Check Numbers 410737 – 410954 and EFT Numbers V43352 - V43528 in the grand total
amount of $4,725,473.40
2. Regular Payroll for pay period ending April 15, 2025, in the amount of $1,119,269.53
3. Regular Payroll pay out for pay period ending April 15, 2025 in the amount of $7,326.31
4. Retiree Payroll for pay period ending April 30, 2025 in the amount of $38,881.27
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Claims & Check Register as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
4A
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT:
Minutes of Council Meeting – April 16, 2025
Study Session Date: N/A
COUNCIL MEETING Date: May 7, 2025
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes for the Council Meeting held on April 16, 2025 are attached.
ATTACHMENTS: Council Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Mo ve to approve the April 16, 2025 Council Meeting Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
4B
DIGITAL RECORDING
CITY COUNCIL HYBRID MEETING MINUTES
Wednesday, April 16, 2025
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday,
April 16, 2025, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT
CENTER, 345 6th Street, Bremerton, Washington, with Council President Eric Younger
presiding. Council Members present were Anna Mockler, Michael Goodnow (arrived 5:07PM), Jane
Rebelowski, Jeff Coughlin, Denise Frey, and Jennifer Chamberlin. At 5:30 PM, the meeting moved
to the First Floor Meeting Chambers. Also present were City Attorney Kylie Finnell; City Clerk Angela
Hoover; Legislative Assistant Christine Grenier; and IT Manager Dave Sorensen.
President Younger announced the City Council is conducting the Council Meeting in-person, and
because community involvement is encouraged, the public is invited to also join the meeting in
person, or participate via a remote option through Zoom or view on BKAT.
MAYOR’S REPORT – Mayor Wheeler provided highlights of the following:
Mt Zion Missionary Church Conference on April 5
Annual Wildlife Response Training and Guidelines
Glenn Jarstad Aquatic Center Repairs
Annual Poggie Club Kids’ Fishing Party on Saturday, April 26 from 9:00 AM to 1:00 PM at
Jarstad Park
Annual Sinclair Inlet Clean-Up on April 26 from 11:00 AM to 2:00 PM at several sites in
Bremerton and Port Orchard
CONSENT AGENDA
4A – Check Numbers 410670 through 410736 and Electronic Fund Transfers V43298 through
V43551 in the grand total amount of $1,078,623.28; Regular Payroll for pay period ending
March 31, 2025 in the amount of $1,102,329.82; and Regular Payroll Payout ending March
31, 2025 in the amount of $964.30
4B – Minutes of Meeting – April 2, 2025
4C – Minutes of Study Session – April 9, 2025
4D – Contract with Insituform Technologies, LLC for the 2025 Sewer Rehabilitation Project
4E – Contract with Northwest Cascade, Inc. for the Francis Street Outfall Stormwater Treatment
Project
4F – Approval to Eliminate a Firefighter position and to Add a Firefighter/Paramedic position to
the 2025 Authorized Staffing for the Fire Department
4G – Interlocal Agreement between the Suquamish Tribe and the City of Bremerton for
Emergency Services
Questions or comments from the public were submitted by Jose Camacho.
5:42 PM M/S/C/U (Mockler/Chamberlin) Move to approve the CONSENT AGENDA as presented.
Motion carried unanimously
President Younger announced that as indicated on the Agenda, Public Recognition provides an
opportunity for attendees to address the Council on any issue not already on tonight’s Agenda, and
there will be no public comments accepted via Zoom, unless prior arrangements were made
through the City Clerk by calling (360) 473-5323 at least 24-hours prior to the meeting. We only
ask that you state your name for the record and please limit your comments to 3-minutes or less.
City Council Reg. Mtg. Minutes
Wednesday, April 16, 2025
Page 2 of 4
A timer system will be used so that everyone is treated fairly.
PUBLIC RECOGNITION – Questions and comments from the public were submitted by Jose
Camacho, Robin Weldin,
At 5:51 PM, Council Members Jeff Coughlin and Michael Goodnow recused themselves, due to
appearance of fairness.
GENERAL BUSINESS
6A – ACCEPTANCE OF THE LODGING TAX ADVISORY COMMITTEE’S 2025 REVISED
FUNDING RECOMMENDATIONS: Council Member and LTAC Chair Jennifer Chamberlin
summarized that the Lodging Tax Advisory Committee (LTAC) received 18 requests for funding
totaling $1,077,865.
Direction provided by City Council when considering these requests included support of long -time
community events, kick-starting new events, tourism-based organizations and venues, and
municipal projects. Also, criteria provided by the City Council when evaluating the requests included
consideration of economic impact, events or activities that draw tourists from 50 miles or more away,
events or activities that focused on Bremerton’s community, and requests that demonstrated
collaboration with other community organizations.
Following the application process, interviews with the applicants were held on December 12, 2024
and January 10, 2025, followed by deliberations on February 7. During the February 26 Study
Session, LTAC presented their recommendations for Council’s consideration which included funding
for all of the applicants.
Council then proposed a change (Quincy Square) and remanded the recommendations to LTAC for
consideration and response. On March 28, the LTAC held a meeting, which included discussion
and an opportunity for public comment. The outcome was that a majority of the LTAC agreed with
the proposed change since this would meet the intended use of lodging tax.
The Revised Funding Recommendations include funding for all of the applicants with a total
allocation of $433,500 (Exhibit A). And included in the City’s 2025 Budget are continued annual
commitments to the Kitsap Conference Center for $250,000 and $150,000 for the Admiral Theatre,
for a grand total of $833,500 for Fiscal Year 2025.
The recommendations are now resubmitted for Council’s final approval.
Questions or comments from the public were provided by Jose Camacho, with a response
provided by President Younger.
5:57 PM Motion was made by Chamberlin and seconded by Rebelowski. Questions and comments
were provided by Rebelowski, Mockler, Frey, Younger, Chamberlin.
6:08 PM M/S/C (Chamberlin/Rebelowski) Move to accept the Lodging Tax Advisory Committee’s
2025 Revised Funding Recommendations per Exhibit A. Motion carried
Voted in Favor of Motion: Frey, Rebelowski, Mockler, Chamberlin, Younger
Voted Opposed to Motion:
Abstained: Coughlin, Goodnow
Motion carried; 5-Yes; 0-No; 2-Abstentions
At 6:09 PM, Council Members Jeff Coughlin and Michael Goodnow returned to the meeting.
City Council Reg. Mtg. Minutes
Wednesday, April 16, 2025
Page 3 of 4
COUNCIL MEMBER REPORTS
Anna Mockler announced the next District 6 Town Hall Meeting on Monday, May 12 beginning at
5:00 PM at the Bremerton Public Works Facility located at 100 Oyster Bay Avenue North; provided
a reminder that volunteers are needed for the Haddon Park Community Build Day on Saturday,
April 19 beginning at 9:00 AM; and expressed concern about the Supreme Court ruling relating to
Abrego Garcia’s deportation; and recited a poem “To Be Of Use” by Marge Piercy as part of Poetry
Month.
Jane Rebelowski announced the next District 4 Town Hall Meeting on Thursday, May 1 from 5:00
to 6:30 PM at Bremerton Foodline featuring discussion on the “Rental Property Registration
Ordinance” with guest Tara Burgess from the Department of Community Development and
discussion on the “State of the Schools” with guest former Mayor Lynn Horton; encouraged people
to help with the Sinclair Inlet Clean-Up on April 26; and acknowledged the 250th Anniversary of
Paul Revere’s ride on April 19.
Jeff Coughlin echoed the importance of the Sinclair Inlet Clean-Up; and announced the Annual
Manette Easter Egg Hunt on Saturday, April 19 starting at 11:00 at Manette Park.
Denise Frey is happy to be back with her colleagues following her eye surgeries.
Jennifer Chamberlin announced the Stephenson Canyon Stewardship Group on Tuesday, April
22 at 4:00 PM starting at the trailhead by the City’s Greenhouses at 2800 Birch Street; and the
next Warren Avenue Bridge Clean-Up on Saturday, April 19 at 9:00 AM; and expressed
appreciation to Anna Mockler, for sharing a poem.
Eric Younger commented about the irony of the Himalayan blackberry, something we celebrate
yet eradicate as an invasive plant.
President Younger announced the next Study Session on Wednesday, April 23 beginning at 5:00
PM in the Council Conference Room. The public is welcome to attend the meeting in-person or
remotely via Zoom.
With no further business, President Younger adjourned the Council Meeting at 6:20 PM.
Prepared & Submitted by:
______________________________
CHRISTINE GRENIER
Legislative Assistant
APPROVED by the City Council on the 7th day of May, 2025.
________________________________________
ERIC YOUNGER, City Council President
City Council Reg. Mtg. Minutes
Wednesday, April 16, 2025
Page 4 of 4
Attest:
________________________________________
ANGELA HOOVER, City Clerk
EY:AH:CG
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT:
Minutes of Study Session – April 23, 2025
Study Session Date: N/A
COUNCIL MEETING Date: May 7, 2025
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes for the Study Session held on April 23, 2025 are attached.
ATTACHMENTS: Council Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Mo ve to approve the April 23, 2025 Study Session Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
4C
CITY COUNCIL STUDY SESSION MINUTES
Wednesday, April 23, 2025
A Study Session of the City Council of the City of Bremerton was called to order on Wednesday,
April 23, 2025 at 5:00 PM in Council Conference Room 603 located in the Norm Dicks Government
Center at 345 6th Street, with Council President Eric Younger presiding. Other Council Members
present were Jennifer Chamberlin, Denise Frey, Jeff Coughlin, Jane Rebelowski, Michael Goodnow,
and Anna Mockler. Legislative Assistant Christine Grenier provided staff support.
President Younger announced that Study Sessions are always open for the public to attend
in-person or view remotely, public comment will be taken for Item C1, since action is anticipated,
and that any of the items approved for action by the Council tonight will be placed on the May 7,
2025 Council Meeting Agenda (or as otherwise determined).
It was further established that questions or comments by the public may be submitted on any item
at any time by email to City.Council@bremertonwa.gov. And reminded everyone that audio
recordings will be available online within a few days following the meeting.
A. AGENDA BILL BRIEFINGS
1. Interlocal Cooperative RAVE Emergency Notification & Alerting System User Agreement
with Kitsap County Department of Emergency Management Consent Agenda
2. Resolution and Intergovernmental Agreement with the Suquamish Tribe to Design a Habitat
Restoration Plan for the Gorst Creek Fish Rearing Facility Area Consent Agenda
3. Public Hearing to obtain comment on the 2024 Comprehensive Plan and Development
Regulations
President Younger called a break 6:16 to 6:30 PM.
B. GENERAL COUNCIL BUSINESS
1. Update on Council Goal No. 1 (i): Develop Community Outreach Policy – Ad Hoc Committee
Jeff Coughlin, Jennifer Chamberlin, and Anna Mockler
2. Update on Council Goal No. 5: LTAC Policies & Procedures – Ad Hoc Committee Eric
Younger, Denise Frey, and Jane Rebelowski
3. Public Works Committee Briefing (Last Meeting 4/15/25) – Chair Jane Rebelowski
4. Parks, Finance, Investment, & Parking Committee Briefing (Last Meeting 4/22/25) – Chair Jeff
Coughlin
5. Regional and Other Committee/Board Briefings
6. Other General Council Business was also discussed.
C. EXECUTIVE SESSION
At 7:45 PM, President Younger announced the Council would meet for 20-Minutes to discuss
“Qualifications of an Applicant for Public Employment” as allowed under RCW 42.30.110 (g); and
that action was anticipated.
At 8:06 PM, President Younger called the meeting back to order; and asked Assistant City
Attorney Mychael Raya to explain the action before the Council.
There were no questions or comments from the public.
City Council Study Session Minutes
Wednesday, April 23, 2025
Page 2 of 2
8:07 PM Motion was made by Rebelowski and seconded by Mockler. Questions or comments were
provided by Coughlin, Mockler.
8:09 PM M/S/C/U (Rebelowski/Mockler) Move to authorize the Council President to negotiate
compensation and extend a conditional offer of employment for the position of Legislative Office
Manager to Anne Williams. Motion carried unanimously
President Younger closed the Study Session by reminding everyone that because next week
included a 5th Wednesday, there would be no Council Meeting; and announcing
the next Council Meeting will be on May 7, 2025 beginning at 5:30 PM in the First Floor Meeting
Chambers of the Norm Dicks Government Center. He further established that the public is invited to
attend in person or remotely, but anyone wishing to speak during Public Recognition via Zoom must
submit their request through the City Clerk by calling (360) 473-5323 at least 24-hours prior to the
meeting.
With no further business, the Study Session was adjourned at 8:10 PM.
Prepared & Submitted by:
______________________________
CHRISTINE GRENIER
Legislative Assistant
APPROVED by the City Council on the 7th day of May, 2025.
ERIC YOUNGER, Council President
ATTEST:
______________________________
ANGELA HOOVER, City Clerk
EY:AH:CG
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: April 23, 2025
Interlocal Cooperative RAVE Emergency
Notification & Alerting System User
Agreement with Kitsap County Department
of Emergency Management
COUNCIL MEETING Date: May 7, 2025
Department: Fire
Presenter: AC Payne
Phone: (360) 473-5382
SUMMARY: Bremerton Fire desires to enter an interlocal agreement (ILA) to utilize the RAVE
communication system which is provided and funded by the Kitsap County Department of
Emergency Management (DEM). This system allows for internal communications within the fire
department as well as external communications with the public in the event of an emergency.
ATTACHMENTS: Interlocal Cooperative RAVE Emergency Notification and Alerting System User
Agreement
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Interlocal Agreement between Kitsap County Department of Emergency
Management and the City of Bremerton Fire Department and authorize the Fire Chief to finalize and
execute the RAVE interlocal agreement with substantially the same terms and conditions as
presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
4D
Bremerton ILA Rave User Agreement 11.7.2024 1
KC _____ INTERLOCAL COOPERATIVE RAVE
EMERGENCY NOTIFICATION AND ALERTING SYSTEM USER AGREEMENT
BETWEEN KITSAP COUNTY AND BREMERTON FIRE DEPARTMENT
This Interlocal Cooperative Rave Emergency Notification and Alerting System User Agreement
(“Agreement”) is entered into between Kitsap County, through the Department of Emergency
Management, a Washington state political subdivision ("County") and the City of Bremerton, through
the Bremerton Fire Department, a Washington state municipal corporation (“Agency”).
RECITALS
WHEREAS, the County established the Kitsap County Department of Emergency Management
("KCDEM") as the local emergency management organization to provide emergency management
services and programs to the residents of and on behalf of the County and cities within the County.
WHEREAS, the Interlocal Cooperation Act, chapter 39.34 RCW, allows public agencies to enter into
cooperative agreements to provide services more efficiently within their jurisdictions.
WHEREAS, as a result of County’s solicitation No. 2020-144, the County executed contract KC-685-21
with Rave Wireless, Inc for an Emergency Notification and Alerting System (“Alert System”) which is
managed by the Department of Emergency Management (“KCDEM”).
WHEREAS, the Alert System is a robust mass notification system used to send messages via multiple
channels (SMS test messages, emails, social media, desktop alerts and telephone calls) to targeted
groups when group notifications are required in the event of, or anticipation of, an emergency.
WHEREAS, KCDEM would like to make the Alert System available to other government agencies and
KCDEM volunteer organizations for internal notification purposes in the event of, or anticipation of, an
emergency subject to a User Agreement and the Agency’s commitment to encourage employees to
register for Kitsap County emergency public notification.
WHEREAS, providing our agency partners access to use of the Alert System will enable the agencies
to rapidly mobilize their leadership and response teams to more effectively respond to emergencies
and assist the County in activating and providing emergency response to save lives, reduce property
damage, and/or protect the environment.
WHEREAS, authorizing the Agency to use the Alert System and expanding the Alert System’s
registered users effectively increases the County’s ability to amplify life safety messaging and the
County’s efficiency in an emergency by expanding the efficiency of the Alert System.
WHEREAS, it is beneficial to the County and the public health, safety, and welfare to permit the Agency
to utilize the features of the Alert System subject to the terms and conditions of this Agreement.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by
reference, and other good and valuable consideration, the receipt and sufficiency hereby
acknowledged, the parties agree as follows:
Bremerton ILA Rave User Agreement 11.7.2024 2
1.DEFINITIONS
A.Access means the use of the Alert System provided to the Agency subject to the terms and
conditions of this Agreement.
B.Agency Emergency Manager means the person designated by the Agency to function as the
Agency Emergency Manager and administrator of this Agreement for purposes of section 4.
C.Authorized Use means the functions and capabilities an assigned User is authorized to perform
as designated by the System Administer.
D.Data means the names, addresses, phone numbers and other relevant information needed to
provide Emergency Notifications to Agency employees or volunteers.
E.Emergency means in the event, or anticipation, of an event or set of circumstances which (a)
demands immediate action to preserve public health, protect life, protect public property, or to
provide relief to any stricken community overtaken by such occurrences; or (b) reaches such
a dimension or degree of destructiveness as to warrant a local emergency proclamation or the
governor to proclaim a state of emergency pursuant to RCW 43.06.010 or the County; or (c) in
the event of critical staffing needs.
F.KCDEM Director means the Kitsap County Department of Emergency Management Director
or designee.
G.Notifications means the messages via SMS text messages, emails, social media, desktop
alerts and telephone calls using the Alert System to targeted groups in Emergencies.
H.Software means the Alert System software provided pursuant to the KC-685-21 Rave Wireless,
Emergency Notification and Alerting System
I.System Administrator means the Kitsap County employee(s) designated by the KCDEM
Director to manage the Alert System.
J.User means the person(s) designated by the Agency to have Authorized Use of the Alert
System, based on the Access provided and in compliance with the restrictions for the
Authorized Use.
2.PURPOSE. The purpose of this Agreement is to provide for the joint and cooperative undertaking
of the parties to make the Alert System available to the Agency for simultaneous communications,
identify those persons responsible for administering the Alert System and define the
responsibilities of the parties as contemplated in RCW 39.34.030.
3.ORGANIZATION. No separate legal or administrative entity is created by this Agreement nor do
the parties intend to create through this Agreement a separate legal or administrative entity subject
to suit.
4.ADMINISTRATOR. The KCDEM Director and Agency Emergency Manager or their respective
designees will administer this Agreement for each party and meet as needed to discuss
performance issues. Neither party is intending to assume responsibility or liability for the actions,
or failures to act, of the other party and/or their respective employees. An administrator may be
changed by providing written notice to the other party.
Bremerton ILA Rave User Agreement 11.7.2024 3
5.EFFECTIVE DATE. This Agreement will be effective when last executed by both parties and will
remain in effect until terminated by either party.
6.FILING. Prior to its entry into force, this Agreement shall be filed with the Kitsap County Auditor’s
Office or, alternatively, listed by subject on the web site or other electronically retrievable public
source in compliance with RCW 39.34.040.
7.COMPENSATION. The County is not requesting compensation from the Agency for Access and
Use of the Alert System as there is no additional cost to the County for the same at this time. Should
this change, the Agency has the option to terminate this Agreement and use of the Alert System
or may choose to continue use of the Alert System and be assessed and pay the actual costs to
the County for such Access and Use as provided in RCW 43.09.210. The Agency will pay all
compensation due within 30 days of the invoice date.
8.TERMINATION. Either party may terminate this Agreement upon 10-days prior written notice to the
other.
9.ALERT SYSTEM, GRANT OF USE
A.The Alert System is a robust mass notification system used to send messages via multiple
channels (e.g. SMS test messages, emails, social media, desktop alerts and telephone calls)
to targeted groups when group notifications are required for emergencies and other non-
emergency purposes (“Notifications”).
B.The County grants the Agency the right to have Access and Authorized Use of the Alert System
for emergency Notification purposes subject to the terms and conditions of this Agreement
based on the needs of the Agency and availability of County resources.
C.The County shall have access to all Agency data for purposes of emergency Notifications.
10.AGENCY RESPONSIBILITIES
A.Agency shall only use the Alert System in compliance with its intended purpose and all
applicable laws, regulations, ordinances, and this Agreement.
B.Agency is responsible for entering and maintaining as current the Agency Data in the Alert
System.
C.Agency shall promote Alert System registration [kcowa.us/alert] with its employees and
volunteers during its annual benefit fairs and employee orientations.
D.Agency agrees to designate a minimum of two Users who, after completing the training
provided by the County, will be provided Access to the Alert System to send messages in
compliance with the instructions provided by the County and consistent with the Agency's
protocols. The User may have up to two additional designees, who must also successfully
complete the County training prior to Use and comply with the requirements of this section.
The Agency shall promptly provide notice when there is a change in a designated User.
E.Agency shall not deliver to the Alert System any content or material for transmission or
dissemination that is any of the following:
1.harassing, defamatory, threatening, obscene, or otherwise objectionable, including
Bremerton ILA Rave User Agreement 11.7.2024 4
material that is false or misleading, or
2.violates the rights of any person or company protected by copyright, trademark, trade
secret, patent or other intellectual property, privacy or other laws or regulations; or
3.use the Services or Rave’s systems to transmit or disseminate unsolicited material,
including without limitation "junk mail" or "unsolicited bulk e-mail", or other advertising
material to persons or entities that have not specifically agreed to receive such material by
either opting in or not opting out; or
4.send messages to individuals who have opted out of receiving messages from Agency.
F.Agency and its Users will not modify through computer programming, or other techniques, the
functions, capabilities, or operations of the Software. Further, the Agency and its Users will not
allow or authorize, directly or indirectly, any person or entity to:
1.decompile, disassemble, or otherwise reverse engineer any of the Software or use any
similar means to discover the source code or trade secrets contained therein.
2.modify, translate or create derivate works of the Software or documentation or merge all or
any part of the Software with another program, give away, rent, lease, lend, sell, sublicense,
distribute, transfer, assign, or use the Software for timesharing or bureau use or to publish
or host the Software for use by any third party;
3.take any actions that would cause the Software to become subject to any opensource
license or quasi-opensource license agreement;
4.use the Software in any manner for purposes of: (i) developing, using, or providing a
competing software product or service; (ii) copying any ideas, features, functionality, or
graphics of the Software; or
5.export the Software into any country prohibited by the United States Export Administration
Act and the regulations thereunder.
6.use the Services or Rave systems to introduce malicious programs into the Products,
Rave’s systems, or the Third-Party Service Providers’ networks or servers, including
viruses, worms, Trojan horses, e-mail bombs, cancelbots or other computer programming
routines that are intended to damage, interfere with, intercept or expropriate any system,
data or personal information, including executing any form of network monitoring that will
intercept or extract data.
G.Agency agrees to promptly report to the System Administrator all Alert System security-related
incidents, breach, or other incident relating to Software integrity. The County reserves the right
to suspend access to the Alert System in the event of a security breach or violation of this
Agreement. In the event of a security breach, the parties responsible for such breach will
comply, at their sole expense, with all applicable requirements identified in RCW 42.56.590 or
RCW 19.255.010, or other applicable law, rule, or regulation.
11.NO WARRANTIES. THE COUNTY MAKES NO WARRANTIES REGARDING THE ALERT
SYSTEM, SOFTWARE, INTERFACES, INTERNET CONNECTIONS, DOCUMENTATION,
OTHER MATERIALS, PRODUCTS AND SERVICES PROVIDED BY THE COUNTY, ALL OF
WHICH ARE PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS AND TO THE MAXIMUM
EXTENT PERMITTED LAW WITH NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS,
EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW,
COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY
OTHER PRODUCT, THE SYSTEM, SERVICES OR MATERIAL PROVIDED HEREUNDER OR
IN CONNECTION HEREWITH INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABLE QUALITY, DURABILITY, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE OR LOSS OF DATA.
Bremerton ILA Rave User Agreement 11.7.2024 5
12.SOFTWARE OWNERSHIP. The parties acknowledge and agree that the County does not have
ownership of the Software and therefore does not control changes, updates, upgrades,
interruptions, or any other Software issues.
13.GOVERNING LAW; VENUE. The Agreement will be governed in all respects by the laws of the
State of Washington, both as to interpretation and performance, without regard to conflicts of law
or choice of law provisions. Any action arising out of or in connection with the Agreement may be
instituted and maintained only in a court of competent jurisdiction in Kitsap County, Washington or
as provided by RCW 36.01.050.
14.NOTICE. All notices will be delivered in writing to the KCDEM Director or Agency Emergency
Manager. Notice mailed by regular post (including first class) will be deemed to have been
given on the second business day following the date of mailing, if properly mailed and
addressed. Notices sent by certified or registered mail will be deemed to have been given on
the day next following the date of mailing, if properly mailed and addressed. For all types of
mail, the postmark affixed by the United States Postal Service will be conclusive evidence of
the date of mailing.
15.PROPERTY. The parties do not anticipate the acquisition of property for the performance of
this Agreement and any property acquired by a party during this Agreement will be held by and
remain the property of the acquiring party.
16.INSURANCE. Both parties will maintain during the term of this Agreement adequate general
liability insurance to protect against losses and risks arising out of or related to the access and
use of the Alert System under this Agreement in such amounts as are prudent and customary
for the jurisdiction.
17.INDEMNIFICATION. To the extent of its comparative liability, each party agrees to indemnify,
defend, and hold harmless the other party, and the other party's elected and appointed
officials, employees, agents, and volunteers (and their marital communities) from and against
any and all claims, damages, losses, and expenses, including but not limited to court costs,
attorneys fees, and alternative dispute resolution costs, for violation of any law applicable to a
party, any personal injury, or any bodily injury, sick disease, or death, and for any damage to
or destruction of any property (including the loss of uses therefrom) which are alleged or
proven to be caused by an act or omission, negligent or otherwise, of the party, its elected
and appointed officials, employees, agents, or volunteers (and their marital communities).
A party reserves the right, but will have no obligation, to participate in the defense of any claim,
damages, losses or expenses and such participation will not constitute a waiver of the party's
indemnity obligations under this Agreement.
18.NONDISCRIMINATION. No party will discriminate against any person on the basis of race,
color, creed, religion, national origin, age, sex, marital status, sexual orientation, veteran
status, disability, or other circumstance prohibited by federal, state, or local law, and will
comply with Title VI of the Civil Rights Act of 1964, P.L. 88-354 and Americans with Disabilities
Act of 1990 in the performance of this Agreement.
19.COMPLIANCE WITH LAWS. The parties shall comply with all applicable federal, state, and
local laws, rules and regulations when accessing and using the Alert System.
20.INDEPENDENT CAPACITY. The employees and agents of each party who are engaged in the
Bremerton ILA Rave User Agreement 11.7.2024 6
performance of this Agreement shall continue to be the employees or agents of that party and shall
not be considered, for any purpose, to be employees or agents of the other party to this Agreement.
Neither party shall have the authority to bind the other nor control the employees, agents or
contractors of the other party to this Agreement. All rights, duties and obligations of a party shall
remain with that party. Each party shall be solely and exclusively responsible for the compensation,
benefits, training expenses, equipment, costs, and all other costs, benefits, and expenses for its
employees. Each party will be responsible for ensuring compliance with all applicable laws,
collective bargaining agreements, and civil service rules and regulations regarding its own
employees.
21.PUBLIC RECORDS ACT. Notwithstanding any provisions of this Agreement to the contrary, to the
extent any record, including any electronic, audio, paper or other media, is required to be kept or
indexed as a public record in accordance with the Washington Public Records Act, chapter
42.56 RCW (as may be amended), each party agrees to maintain all records constituting public
records and to produce or assist the other party in producing such records, within the time frames
and parameters set forth in state law.
22.SEVERABILITY. The provisions of this Agreement are severable. Any term or condition of this
Agreement or application thereof deemed to be illegal, invalid or unenforceable, in whole or in part,
will not affect any other terms or conditions of the Agreement and the parties' rights and obligations
will be construed and enforced as if the Agreement did not contain the particular provision.
23.IMPLIED CONTRACT TERMS. Each provision of law and any terms required by law to be in the
Agreement are made a part of the Agreement as if fully stated in it.
24.HEADINGS. Headings of this Agreement are for convenience only and will not affect the
interpretation of this Agreement.
25.AMENDMENTS. This Agreement may be changed, modified, or amended, only by written
agreement executed by the parties hereto.
26.NO THIRD-PARTY RIGHTS. This Agreement is intended to be solely between the parties. No part
of this Agreement will be construed to add, supplement, or amend existing rights, benefits, or
privileges of any third party, including without limitation, prisoner(s), or employees of either party.
27.ASSIGNMENT. The rights or obligations under this Agreement, and any claims arising
thereunder, are not assignable or delegable by the Agency.
28.NO WAIVER. A failure by any party to exercise its rights under this Agreement will not preclude
that party from subsequent exercise of such rights and will not constitute a waiver of any other
rights under this Agreement unless stated to be such in a writing signed by an authorized
representative of the party.
29.SURVIVAL. Those provisions of the Agreement that by their sense and purpose should survive
expiration or termination of the Agreement will so survive. Those provisions include, without
limitation, the respective responsibilities of each party, compensation, and indemnification.
30.ENTIRE AGREEMENT. The parties acknowledge the Agreement is the product of negotiation
between the parties and represents the entire agreement of the parties with respect to its subject
matter. All previous agreements and representations, whether oral or written, entered into prior to
this Agreement are hereby revoked and superseded by the Agreement.
Bremerton ILA Rave User Agreement 11.7.2024 7
31.COUNTERPARTS, ELECTRONIC SIGNATURE. The Agreement may be executed in several
counterparts, each of which will be deemed an original, but all of which together will constitute
one and the same agreement. A facsimile, email, or other electronically delivered signatures
of the parties will be deemed to constitute original signatures and deemed to constitute
duplicate originals.
32.AUTHORIZATION. Each party signing below warrants to the other party, that they have the
full power and authority to execute this Agreement on behalf of the party for whom they sign.
Dated this _____ day of ____________, 2025 Dated this _____ day of ____________, 2025
CITY OF BREMERTON KITSAP COUNTY
___________________________________ ___________________________________
PAT MCGANNEY, Fire Chief JAN GLARUM, Director
Bremerton Fire Department Department of Emergency Management
Dated this _____ day of ____________, 2025
CITY OF BREMERTON
___________________________________
GREG WHEELER, City Mayor
Bremerton ILA Rave User Agreement 11.7.2024 8
DATED or ADOPTED this ____ day of _____________________, 2025
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
__________________________________
KATHERINE T. WALTERS, Chair
__________________________________
CHRISTINE ROLFES, Commissioner
__________________________________
CHARLOTTE GARRIDO, Commissioner
ATTEST:
___________________________
Dana Daniels, Clerk of the Board
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: April 23, 2025
Resolution No. 3395 and Intergovernmental
Agreement with the Suquamish Tribe to
Design a Habitat Restoration Plan for the
Gorst Creek Fish Rearing Facility Area
COUNCIL MEETING Date: May 7, 2025
Department: PW&U
Presenter: Chance Berthiaume
Phone: (360) 473-5929
SUMMARY: The Suquamish Tribe (Tribe) in collaboration with Bremerton PW&U (PW&U) will
develop a restoration plan and design to restore Gorst Creek between Jarstad Park and the
confluence with Parish Creek. PW&U has budgeted $70,000 to support the design effort, as defined
in the Intergovernmental Agreement, and will work with the Tribe to develop a mutually agreeable
design.
ATTACHMENTS: Resolution No. 3395; and Intergovernmental Agreement with the Suquamish
Indian Tribe
FISCAL IMPACTS (Include Budgeted Amount): Bremerton Stormwater Utility budgeted $70,000
for the planning and design efforts.
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Resolution No. 3395 and authorize the Mayor to finalize and execute the
Intergovernmental Agreement with the Suquamish Tribe with substantially the same terms and
conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
4E
1 Gorst Creek Restoration with Suquamish Tribe
RESOLUTION NO. 3395
A RESOLUTION of the City Council of the City of
Bremerton, Washington, to partner with the Suquamish Indian Tribe
of the Port Madison Reservation (“Suquamish Tribe” or “Tribe”) in
designing a restoration plan for the Gorst Creek Rearing Facility
Area.
WHEREAS, the City of Bremerton and the Suquamish Tribe wish to restore fish
passage and improve habitat conditions in Gorst Creek by eliminating unused concrete channels
that have become fish barriers that were previously used as part of the water system intake
facility for Water Pump Station 1; and
WHEREAS, the Suquamish Tribe is applying for funding to lead the Gorst Creek
Restoration design effort which is mutually beneficial to the Tribe, the City, the local
community, and the State of Washington; and
WHEREAS, the Suquamish Tribe has asked the City to be a partner in developing
a feasibility and restoration design that will result in a design to restore Gorst Creek to a more
natural state while maintaining hatchery operations, and beneficial function of existing necessary
facilities; and
WHEREAS, the City will agree to provide $70,000 from the Stormwater Utility
to support this project and dedicate staff for review and decision making input and participation
with the planning effort upon reaching mutually acceptable terms between the City and the Tribe
and executing a written agreement which shall govern the terms and conditions applicable to the
$70,000 contribution; and
WHEREAS, the property belongs to the City of Bremerton Water Utility, and the
Utility shall retain ownership and full control of the site; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Adoption. The City of Bremerton agrees to enter into a mutually
beneficial partnership with the Suquamish Tribe to design a project that will restore Gorst Creek
Rearing Facility area to a more natural state. The project will develop a mutually agreed upon
design that can be moved forward for a construction project under a separate agreement. Upon
execution of a mutually acceptable agreement between the parties governing the terms and
conditions of the partnership, Bremerton will dedicate staff for review and decision-making input
and participation with the planning effort and contribute $70,000 towards the feasibility and
design project.
SECTION 2. Corrections. The City Clerk and codifiers of this resolution are
authorized to make necessary corrections to this Resolution including, but not limited to, the
2 Gorst Creek Restoration with Suquamish Tribe
correction of scrivener, clerical, typographical, and spelling errors, references, resolution
numbering, section/subsubsection numbers and any references thereto.
SECTION 2. Severability. If any one or more sections, subsections, or sentences
of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this Resolution and the same shall remain in full force and
effect.
SECTION 3. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this _____
day of __________________, 2025.
ERIC YOUNGER, Council President
APPROVED AS TO FORM: ATTEST:
KYLIE J. FINNELL, City Attorney ANGELA HOOVER, City Clerk
PUBLISHED the _______________ day of __________________, 2025.
EFFECTIVE the _______________ day of __________________, 2025.
RESOLUTION NO. _______________
Suquamish Tribe and City of Bremerton Intergovernmental Agreement-Gorst Creek Restoration Design Page 1
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INTERGOVERNMENTAL AGREEMENT
BETWEEN
Suquamish Indian Tribe of the Port Madison Reservation
AND
City of Bremerton
May 2025
THIS AGREEMENT is made and entered into by and between the Suquamish Indian Tribe of the Port
Madison Reservation (Suquamish Tribe or Tribe) a federally recognized Indian Tribe, and the City of Bremerton
(City), a Washington State political subdivision, through its Public Works and Utilities Department (PW&U).
IT IS THE PURPOSE OF THIS AGREEMENT that the City of Bremerton and the Suquamish Tribe
wish to restore fish passage and improve habitat conditions in Gorst Creek. The Suquamish Tribe has been awarded
EPA funding and has asked the City to be a partner in developing a feasibility and restoration design that will
result in a mutually agreed upon plan to restore Gorst Creek to a more natural state while maintaining hatchery
operations and beneficial function of existing necessary facilities. The City of Bremerton will provide $70,000
from the Stormwater Utility to support this project and dedicate staff for review and decision-making input and
participation with the planning effort toward restoration feasibility and design. The Suquamish Tribe will solicit
for and manage a contract for the performance of a feasibility study and design for restoration of fish passage and
habitat conditions in Gorst Creek, subject to the conditions under the NWIFC/EPA funding agreement (Attachment
A) and the terms and limitations herein.
THEREFORE, IT IS MUTUALLY AGREED THAT:
STATEMENT OF WORK
The Scope of Work (Attachment B) outlines the tasks required to solicit bids for a qualified consultant who will
perform a feasibility study and identify a preferred design for restoration of Gorst Creek on City property located
in Gorst, WA. Restoration on this property will result in public benefit due to the significant improvements to fish
passage, improvement of riparian and floodplain habitat as well as climate/flood resiliency that would benefit multiple
salmonid species (chum, coho, chinook, and steelhead) in the Gorst watershed, which are important to the Tribe, the
City, and broader community. The Scope of Work is attached hereto and incorporated herein by reference.
PERIOD OF PERFORMANCE
Subject to its other provisions, the period of performance of this Agreement will commence on May 7, 2025, and be
completed by June 30, 2027, unless terminated sooner or extended by mutual agreement of the parties, as provided
herein.
CONTRIBUTION OF FUNDS
The City of Bremerton will contribute $70,000. Payment for satisfactory performance of the work will not exceed
this amount. Compensation for work completed pursuant to this Agreement will be based solely on the terms of this
Agreement, including the budget established in the Scope of Work (Attachment B) and Project Budget (Attachment
C), attached hereto, and incorporated herein by reference.
Suquamish Tribe and City of Bremerton Intergovernmental Agreement-Gorst Creek Restoration Design Page 2
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BILLING PROCEDURES
For completed work under the terms of this Agreement, the Tribe will submit quarterly invoices to the Project
Manager for the City of Bremerton. Invoices will detail the work completed and indicate the most closely associated
task(s) on the attached Scope of Work. All invoices for work under this Agreement must be submitted within 60 days
of the date of completion of the work.
1. The Project Manager for the Suquamish Tribe will review each invoice for compliance with the terms of this
Agreement and satisfactory completion of the work.
2. If the invoiced work has been completed to the satisfaction of the Suquamish Tribe, the Suquamish Tribe will
invoice the city for approved and completed work within 30 days of approval.
3. Upon expiration of the Agreement, any claim for payment not already made will be submitted within 30-days
after the expiration date or the end of the fiscal year, whichever is earlier.
AGREEMENT CHANGES, MODIFICATIONS AND AMENDMENTS
This Agreement will not be changed, modified, or amended except by the express and unanimous written
agreement of all parties.
ASSIGNMENT
The work to be provided under this Agreement, and any claim arising thereunder, will not be assignable or delegable
by any party in whole or in part, without the express prior written consent of all other parties, which consent will not
be unreasonably withheld.
CONTRACT MANAGEMENT
The Project Manager for each of the parties will be responsible for and will be the contact person for all
communications and billings regarding the performance of this Agreement.
The Project Manager for the Suquamish IndianTribe is:
Steve Todd, Salmon Recovery Biologist
stodd@suquamish.nsn.us
360-394-8667
The Project Manager for the City is:
Chance Berthiaume, Utility Manager
Chance.Berthiaume@ci.bremerton.wa.us
360-473-5929
DISPUTES
In the event that a dispute arises under this Agreement, it will be resolved according to the following mechanisms:
1. Informal Negotiation. With emphasis on solutions that prioritize the timely and accurate completion of the
shoreline restoration feasibility and design, reporting, and other tasks outlined in the attached Scope of Work,
the interested parties will first attempt to resolve any disagreement through informal discussion(s), following
any reasonable procedure agreed to by the parties.
Suquamish Tribe and City of Bremerton Intergovernmental Agreement-Gorst Creek Restoration Design Page 3
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2. Mediation. If a dispute arises that cannot or is not resolved through Informal Negotiation, the parties agree to
participate in mediation in good faith. A party wishing to commence mediation will provide written notice to
the other parties. If possible, a mediator will be chosen by agreement of the parties. If the parties cannot agree
on a mediator, the parties will use a mediation service that selects the mediator for the parties. The parties
will equally share the costs of the mediator. The parties agree that good faith participation in the mediation
process established by this section will precede any further action not contemplated herein. Should the parties
reach a mediation agreement, the parties agree to be bound by that agreement. Enforcement of a mediation
agreement reached will be the same as a decision reached in dispute hearing as set forth herein.
3. Dispute Hearing. If a dispute arises that cannot be or is not resolved through Informal Negotiation and
Mediation mechanisms, any party may request a dispute hearing.
a. The requesting party must provide all other parties with a written request for a dispute hearing, in which
the requesting party clearly states the disputed issues, the relative positions of the interested parties, and
any relevant task(s) identified in the Scope of Work.
b. In order for this section to apply, all interested parties must agree in writing that the Dispute Hearing
procedure established herein will be used to resolve the issue(s) identified by the requesting party.
c. A dispute under this section will be heard by a Dispute Hearings Board consisting of three (3) Board
members: one person appointed by the Suquamish Tribe, a second person appointed by the City, and a
third person appointed by the two persons initially appointed.
d. Any Dispute Hearing under this section will be informal, with specific processes to be determined by the
Dispute Hearings Board according to the nature and complexity of the issues involved. The processes
may be solely based on written material if the parties so agree. The Dispute Hearings Board will be
governed by the provisions of this Agreement in deciding the dispute.
e. All costs incurred by the Dispute Hearings Board shall be shared equally by the parties. All costs incurred
by a party to prepare for or appear before the Dispute Hearings Board shall be borne by the party incurring
such costs.
INDEPENDENT CAPACITY
The employees or agents of any party engaged in the performance of this Agreement will continue to be employees
or agents of that party and will not be considered for any purpose to be employees or agents of the other party.
RECORDS MAINTENANCE
The parties to this Agreement will each maintain books, records, documents, and other evidence which sufficiently
and properly reflect all direct and indirect costs expended by the parties in the performance of the services described
herein. These records will be subject to inspection, review, or audit by any duly authorized personnel of the parties,
the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other
material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor,
federal auditors, and any persons duly authorized by the parties will have full access and the right to examine any of
these materials during this period free of charge.
Unless otherwise agreed, data originating from this Agreement shall be ‘works for hire’ as defined by as defined
by Title 17 U.S.C., Section 101 and shall be equally owned by City and the Suquamish Tribe. Data shall include,
but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies,
Suquamish Tribe and City of Bremerton Intergovernmental Agreement-Gorst Creek Restoration Design Page 4
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computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to use, copyright,
patent, register and the ability to transfer these rights. All data will be archived at City’s headquarters in
Bremerton, Washington and made available to the public through an interactive data viewer and data download
portal. City has unlimited rights to use and distribute the data as part of the sound-wide monitoring dataset.
SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference will be held invalid,
such invalidity will not affect the other provisions of this Agreement, which can be given effect without the invalid
provision if such remainder conforms to the requirements of applicable law and the fundamental purpose of this
Agreement, and to this end the provisions of this Agreement are declared to be severable.
TERMINATION
Either the Suquamish Tribe or City, may terminate its participation in this Agreement upon 30 days’ prior written
notice to the other party. If this Agreement is so terminated, the parties will be liable only for performance rendered
or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination.
TERMINATION FOR CAUSE
If for any cause, a party does not fulfill in a timely and proper manner its obligations under this Agreement, or if a
party violates any of these terms and conditions, an aggrieved party will give the responsible party written notice of
such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within
15 working days. If the failure or violation is not corrected, this Agreement may be terminated immediately by written
notice of the aggrieved party to the other.
WAIVER
A failure by either party to exercise its rights under this Agreement will not preclude that party from subsequent
exercise of such rights and will not constitute a waiver of any other rights under this Agreement unless stated to be
such in a writing signed by an authorized representative of the party and attached to the original Agreement.
ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or
otherwise, regarding the subject matter of this Agreement will be deemed to exist or to bind any of the parties hereto.
COUNTERPARTS
This Agreement may be executed in any number of counterparts or, if mutually agreeable to the undersigned authorized
signatories for the Parties, through the exchange by facsimile or other electronic means of duty-signed duplicates
hereof, each of which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
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WARRANTY OF AUTHORITY
Each person or Party subscribing to this Agreement expressly warrants that it has full authority to do so.
IN WITNESS WHEREOF, the parties have executed this Agreement.
DATED this ___ day of _____, 2025
DATED this ____ day of _____, 2025
THE SUQUAMISH INDIAN TRIBE
Suquamish, Washington
CITY OF BREMERTON
Bremerton, Washington
LEONARD FORSMAN, CHAIRMAN GREG WHEELER, MAYOR
Suquamish Tribe and City of Bremerton Intergovernmental Agreement-Gorst Creek Restoration Design Page 6
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Attachment A - NWIFC/EPA Funding Agreement
DocuSign Envelope ID: 6CE09526-7CE7-4927-9AA6-E40A0EA08EBCDocuSign Envelope ID: A92152DE-3BAE-4D55-94DA-B546121C20B3
DocuSign Envelope ID: 6CE09526-7CE7-4927-9AA6-E40A0EA08EBCDocuSign Envelope ID: A92152DE-3BAE-4D55-94DA-B546121C20B3
DocuSign Envelope ID: 6CE09526-7CE7-4927-9AA6-E40A0EA08EBCDocuSign Envelope ID: A92152DE-3BAE-4D55-94DA-B546121C20B3
DocuSign Envelope ID: 6CE09526-7CE7-4927-9AA6-E40A0EA08EBCLeonard Forsman, ChairmanMay 7, 2024DocuSign Envelope ID: A92152DE-3BAE-4D55-94DA-B546121C20B3
DocuSign Envelope ID: 6CE09526-7CE7-4927-9AA6-E40A0EA08EBCDocuSign Envelope ID: A92152DE-3BAE-4D55-94DA-B546121C20B3
DocuSign Envelope ID: 6CE09526-7CE7-4927-9AA6-E40A0EA08EBCDocuSign Envelope ID: A92152DE-3BAE-4D55-94DA-B546121C20B3
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DocuSign Envelope ID: 6CE09526-7CE7-4927-9AA6-E40A0EA08EBCDocuSign Envelope ID: A92152DE-3BAE-4D55-94DA-B546121C20B3Leonard Forsman, ChairmanMay 7, 2024
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Suquamish Tribe and City of Bremerton Intergovernmental Agreement-Gorst Creek Restoration Design Page 7
of 9
Attachment B – Scope of Work
Gorst Creek Fish Passage and Restoration Feasibility and Design
Task GC1: Develop Detailed Scope of Work
The Tribe will work with City of Bremerton to develop a detailed Scope of Work including limits of project area,
constraints, and major restoration objectives.
Outputs: Scope of Work
Deliverables: Memo to include Scope of Work and major tasks, and deliverables
Outcomes: Scope of Work document is basis for a Request for Proposal (RFP) in Task GC2, and feasibility and
design.
Task GC2: Solicit bids and secure a contractor for feasibility and design
The Tribe will follow standard procurement procedures in soliciting and contracting for restoration feasibility
and design services.
Outputs: Request for proposal (RFP). Scope of work and budget for contractual services.
Deliverables: Contract. Feasibility (Task GC3) and Basis of Design/30% design reports (Task GC4)
Outcomes: Procurement of services that meet the project’s data, QA/QC and data verification/validation
requirements.
Task GC3: Develop Feasibility and Alternatives Analysis report
This task involves assessing all relevant background information and conducting baseline surveys (including field
visits) needed to support a design alternatives analysis, potentially including but not limited to topographic,
cultural resources, property boundary, utilities, geologic, soils, geomorphic, hydrology, hydraulic, and
geotechnical surveys and modeling. This is the primary task where project design alternative benefits and
constraints will be identified and evaluated. This task will involve coordinating with contractor and City of
Bremerton at all major steps and decisions.
Outputs: Survey and assessment information and data to inform feasibility and alternatives analysis and cost
estimates
Deliverables: Feasibility and Alternatives Analysis report, including cost estimates
Outcomes: Report is basis for development of 30% restoration design (Task GC4)
Task GC4: Develop 30% design
This task uses the Feasibility and Alternatives Analysis (Task GC3) to develop the 30% design and Basis of Design
(BOD) report for the recommended/preferred alternative.
Outputs: 30% design
Deliverables: 30% design and Basis of Design report, and CAD drawings and specifications
Suquamish Tribe and City of Bremerton Intergovernmental Agreement-Gorst Creek Restoration Design Page 8
of 9
Outcomes: 30% design is basis for advancing to 60% and 90% design, permitting and implementation of fish
passage and habitat restoration actions
Project 3 Timeline: Gorst Creek Fish Passage and Restoration Feasibility and Design
TASK/MILESTONE APR-
JUN
2024
JUL-SEP
2024
OCT-
DEC
2024
JAN-
MAR
2025
APR-
JUN
2025
JUL-SEP
2025
OCT-
DEC
2025
JAN-
MAR
2026
APR-
JUN
2026
JUL-SEP
2026
OCT-
DEC
2026
JAN-
MAR
2027
TASK 1
Develop Scope of
Work
TASK 2
Solicit bids/secure
contractor
TASK 3
Develop Feasibility
(alternatives) and
Basis of Design
(BOD) report
TASK 4
Develop Designs
30/60/90%
Suquamish Tribe and City of Bremerton Intergovernmental Agreement-Gorst Creek Restoration Design Page 9
of 9
Attachment C – Budget
Project 3 Budget: Gorst Creek Fish Passage and Restoration Feasibility and Design
Task 1:
Secure
contractor
Task 2:
Feasibility
Task 3:
Design
Total
Salaries
(salmon rec biologist)
1,696 $1,696
Fringe Benefits 543 $543
Travel 72 $72
Supplies $
Communications /
Utilities $
Equipment / Vehicle
Rental $
Equipment / Vehicle
Operations &
Management
$
Sub-contracts 100,000 230,000 $330,000
Capitalized Equipment $
Professional Services $
Other (describe if used) $
Total Direct Costs 2,239 100,072 230,000 $332,311
Indirect Costs (insert
rate) 901 $901
Grand Total 3,139 100,072 230,000 $333,212
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: April 23, 2025
Public Hearing to obtain comment on the
2024 Comprehensive Plan and Development
Regulations
COUNCIL MEETING Date: May 7, 2025
Department: DCD
Presenter: Garrett Jackson
Phone: (360) 473-5289
SUMMARY: The Planning Commission is scheduled to make a recommendation to the City Council
regarding the 2024 Comprehensive Plan Update upon the conclusion of an April 21st Public Hearing.
Final Draft documents for the Comprehensive Plan, and implementing Development Regulations, are
available for the City Council and public to review at Bremerton2044.com. The April 23rd Study
Session begins City Council final review of the Comprehensive Plan, with the Public Hearing
scheduled for May 7th providing an opportunity for the City Council and public to comment on the
final draft materials. A public hearing for final adoption of the Comprehensive Plan, and associated
Development Regulations, is scheduled for June 4th.
ATTACHMENTS:
1) Staff Memo 2) Power Point Presentation
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing
RECOMMENDED MOTION:
Hold Public Hearing and provide Discussion/Deliberation as appropriate. No motion is required.
Additional Public Hearing will be scheduled for June 4, at which time Council is anticipated to adopt
the Comprehensive Plan and implement Development Regulations
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
7A
To: City Council
From: Garrett Jackson
Date: April 23, 2025
Subject: Public Hearing, Comprehensive Plan Update (Discussion/Deliberation)
SUMMARY
The Planning Commission is scheduled to make a recommendation to the City Council regarding the
2024 Comprehensive Plan Update upon the conclusion of an April 21st Public Hearing. Final Draft
documents for the Comprehensive Plan, and implementing Development Regulations, are available for
the City Council and public to review at Bremerton2044.com. The April 23rd Study Session begins City
Council final review of the Comprehensive Plan, with the Public Hearing scheduled for May 7th providing
an opportunity for the City Council and public to comment on the final draft materials. A public hearing for
final adoption of the Comprehensive Plan, and associated Development Regulations, is scheduled for
June 4th.
BACKGROUND
The Comprehensive Plan update is required by the Washington State Growth Management Act (GMA) in
order to demonstrate that Bremerton has the capacity to absorb population and
employment increases forecast to the year 2044. Population estimates indicate that the City will grow to
63,757 persons and 58,258 jobs by 2044; this means the City is forecast to increase its population by over
46%, with a 32% increase in the number of jobs. The Bremerton Comprehensive Plan must conform to
the Washington State Growth Management Act, Puget Sound Regional Council (PSRC) Vision 2050, and
the Kitsap Regional Coordinating Council (KRCC) Countywide Planning Policies. The Draft Environmental
Impact Statement (DEIS) for the Comprehensive Plan update was released on October 18, 2024, with the
follow up Final Environmental Impact Study (FEIS) released April 7, 2025. More information about the
Bremerton Comprehensive Planning process can be found at Bremerton2044.com.
REVIEW RESOURCES
While the Planning Commission has accomplished the intensive review of the Comprehensive Plan, the
City Council has been heavily involved throughout the process. Beginning with passage of the Public
Participation Plan in September of 2022, Council District Tours in Fall/Winter 2023, individual Council
District meetings in the Fall/Winter 2024, review of the Vision, Goals, Policies in February 2024, Land Use
Element in September 2024, Housing Element in October 2024, Economic Development Element in
November 2024, the Environmental Element also in November of 2024, Transportation Element in February
2025, and City Services Element in March 2025. The links on the following page will provide final draft
document for review; these document can also be found at Bremerton2044.com.
DEPARTMENT OF
COMMUNITY DEVELOPMENT
MEMORANDUM
Memo Comprehensive Plan
Page 2
Comprehensive Plan Documents:
Draft Comprehensive Plan
Land Use Element Appendix
Housing Element Appendix
Economic Development Element Appendix
Transportation Element Appendix
City Services Element Appendix
Environmental Element Appendix
Public Participation Appendix
Implementing Development Regulations:
Title 20 Zoning Code Amendments
Downtown Subarea Plan
Puget Sound Industrial Center Subarea Plan
Bay Vista Subarea Plan
East Park Subarea Plan
Public Hearing: No Action
Purpose of tonight’s meeting is to hold a Public Hearing to take public
comment for City Council to consider in deliberation that will occur in
Study Session on May 14th and 28th. An additional Public Hearing is
scheduled for June 4, at which time Council is anticipated to adopt
the Comprehensive Plan and implementing Development
Regulations.
2
Public Outreach
•PC Recommendation 4/21
•Bremerton2044.com
•Planning Commission Meetings
•Flyers & Peachjar (BSD)
•Postcards
•Council District Meetings
•Council District Digests
•100+ public events
Remaining Schedule
4
Remaining Schedule
May 7th, 2025,City Council Public Hearing –Comprehensive Plan overview
May 14th, 2025,City Council Study Session –Discussion/deliberation
May 28th, 2025,City Council Study Session –Discussion/deliberation (if needed)
June 4th, 2025,City Council Public Hearings: Adopts Comprehensive Plan & 1st Phase
Development Regulations
5
Comprehensive Plan Review
6
Growth Management Act (GMA)
Comprehensive Planning
7
Comprehensive Plan Process:
Growth Management Act (RCW 36.70A): Plan for growth
Puget Sound Regional Council (PSRC): Plan for growth regionally
Kitsap Regional Coordinating Council (KRCC): Ensure GMA is met at a
Countywide level through Countywide Planning Policies (CPPs)
Population estimates indicate that the City will grow to 63,757 persons
and 58,258 jobs by 2044. This represents a population increase over
46%, with a 32% increase in the number of jobs.
Comprehensive Plan, Review Materials
8
Council Review @ Bremerton2044.com
Land Use Element
Housing Element
Economic Development Element
Transportation Element
City Services Element
Environmental Element
Comprehensive Plan, Final Documents
9
City Council Packet Bremerton2044.com
Development Regulations
10
Growth Strategy
11
GROWTH STRATEGY
Downtown
Subarea Plan
12
Downtown Subarea Plan
13
Compliance with PSRC Centers criteria
Increase maximum height to 80-feet
No maximum density
Aggregate several zones into the Mixed Use zone
Increase urban tree requirements
Increased public open space in Waterfront Overlay
Puget Sound
Industrial Center
Subarea Plan
14
Puget Sound Industrial Center
15
Compliance with PSRC Centers criteria
Development Regulation updates consistent
with PSIC 9.29.23 Market Study
Remove duplicative requirements for
stormwater, streets, and other housekeeping
Capital Facilities Plan to be updated prior to
City Council adoption
Bay Vista
Subarea Plan
16
Bay Vista Subarea Plan
17
Allow mixed use in the Village Commercial zone
Add Minimum Density 15 DUA, and Maximum Density 65 DUA
Mapping updates to account for final platting
East Park
Subarea Plan
18
East Park Subarea Plan
19
Mapping updates to account for Madrona
Forest and final platting
Bremerton Municipal Code
Title 20, Zoning Code
20
Unit Lot Subdivision (BMC 20.12)
21
Development standards of the zone apply to the “parent lot” and
not individual “unit lots”.
Subdivision of 9 or fewer lots, processed as a short subdivision.
May begin development before, during, or after preliminary plat
approval, subject to approval and mitigating conditions from the
City.
Middle Housing Code (BMC 20.42, 20.46)
Does not apply to mixed-use or commercial zones, as
they permit higher densities and more intense uses than
Middle Housing.
Development Standards of the underlying zone apply
(lot coverage, design standards, etc.)
Any lot in the subject zones would be permitted to have
4 Middle Housing dwelling units if 1 unit is provided as
affordable housing for a period of 50 years.
Increased densities do not apply to lands covered by
critical areas, their buffers, or the Shoreline Jurisdiction.
Covenants, Conditions, & Restrictions of existing lots
would remain in force.
22
Lighting Regulations (BMC 20.44)
Lighting designed to prevent light
from trespassing into the sky and
adjacent properties
23
Low Density Residential (BMC 20.60)
24
Middle Housing & Multifamily Housing uses
Multifamily open space and design
standards requirements
Remove lot sizing requirements
Medium Density Residential (BMC 20.78)
25
Middle Housing & Multifamily Housing uses
Multifamily open space and design
standards requirements
Remove lot sizing requirements
Maximum height 45-feet
Zoning Code Amendments (Housing)
26
High Density Residential (BMC 20.79)
Minimum density 15 DUA
Maximum height 65-feet
General Commercial (BMC 20.62)
Minimum density 15 DUA, No maximum density
Maximum height to 65-feet
Require mixed use
District Center Core (BMC 20.70)
Minimum density 30 DUA
Zoning Code Amendments (Minor)
27
Downtown Core (BMC 20.75)
Repeal parking standards
Business Core (BMC 20.74)
Repeal section
Neighborhood Business (BMC 20.82)
Minimum density 15 DUA
Institutional (BMC 20.98)
Minimum density 15 DUA
Planning Commission reviewing
Zoning Code Amendments, PC May 2025
Transitional Housing, Permanent Supportive Housing, Indoor Emergency Shelters, and
Indoor per RCW 35.21.683
Permit Family Day Care as required per RCW 36.70A.450
Co-living as required per HB 1998
Reuse of existing commercial buildings with residential uses per RCW 35.21.990
Market Driven minimum parking standards, BMC 20.48
Neighborhood-scale commercial, residential zones
Boundary Line Adjustment (BLA), BMC 20.12.175
28
Planning Commission reviewing
Zoning Code Amendments, 2nd half 2025
Landscaping BMC 20.50
•Urban tree canopy
•Conformance with BMC 15.04 Stormwater
Critical Areas Ordinance, BMC 20.14
•Definitions
•Increased Tribal Notification
•Cultural resource protection
•Riparian buffers
Shoreline Master Program
•Update allowed uses consistent with Comprehensive Plan update
•Increased Tribal Notification
•Revise standards for cultural resource protection 29
Public Hearing: No Action
Purpose of tonight’s meeting is to hold a Public Hearing to take public
comment and provide Council time for discussion/deliberation. An
additional Public Hearing is scheduled for June 4, at which time
Council is anticipated to adopt the Comprehensive Plan and
implementing Development Regulations.
30
#Commenter Date Comment Summary Staff Response
1 Jose Camacho 5/6/2025 Comments related to City homelessness population, lack of affordable housing, disagreement with City actions
addressing homelessness, and disagreement with established City public processes.
Comments noted and will be reviewed by the City Council. Many of the comments provided
do not pertain to the Comprehensive Plan. The Comprehensive Plan promotes efforts to
house vulnerable populations, with policies such as H2(E), which calls for supporting efforts to
provide emergency, transitional, and permanent supportive housing. A number of
development regulations are proposed to remove barriers limiting construction of housing of
all types; please see the short video related to the root causes of homelessness:
https://www.seattlechannel.org/misc-video?videoid=x139824. Per Kitsap Regional
Coordinating Council Countywide Planning Policies, of all Kitsap jurisdictions, the City of
Bremerton currently has the most existing Emergency Housing beds in Kitsap County.
2 Robin Weldin 5/7/2025 Commenter is incorperationg Comment #1 as their own.See above.
Comments provided in their entirety following this summary. The City Council will consider each comment.
Comments Received Post-Planning Commission Recommendation
Document Created 5/7/2025 PM
From: Friendsof Smith Cove <friendsofsmithcove@gmail.com>
Sent: Tuesday, May 6, 2025 1:20 PM
To: City Council <City.Council@ci.bremerton.wa.us>; Anna Mockler
<Anna.Mockler@ci.bremerton.wa.us>; Jane Rebelowski <Jane.Rebelowski@ci.bremerton.wa.us>; City
Clerk <City.Clerk@ci.bremerton.wa.us>; Public Records <Public.Records@ci.bremerton.wa.us>
Cc: rdmoley26@gmail.com
Subject: FOSC's Comment for 5-7-25 City Council meeting - GMA Violation As To Homeless Community
Council:
As our comment for tomorrow's City Council meeting,
please accept the attached Friends Of Smith Cove comment
and as its exhibit, the attached "Persecution Of The
Homeless" comment from Joslyn, which I adopt and
incorporate as my own. It uses hyperlinks.
We do ask questions at the end of the comment, and we
would like truthful answers.
Public Record Act Request For Inspection
I also take this opportunity to make a Public Records Act
request for inspection.
We would like to inspect DCD's and Garrett Jackson's
calendar(s) and other materials which show the times and
locations of outreach, meetings, and discussions with the
public as to comp planning, including as to the homeless
community and their advocates, including Kimmy Siebens,
Marwan Cameron, Dawn Wilson, and Joslyn Snow, and their
respective entities. We also request associated notes and
memos as to same.
Similarly, we would like to inspect the same kind of
materials as to DCD's outreach, meetings, and discussions
with "development community," as to Sound West Group
and/or its proxies and joint venturers Ricer Fergus Miller and
Waterman Mitigation, the Quincy Square "action group," and
including associated notes and memos as to same.
These requests include emails and their respective
metadata. Our experience is that the city's pdf emails distort
email content so we request native format emails /
metadata in this request.
--
Friends of Smith Cove in Evergreen Park
Jose Camacho
https://www.youtube.com/@FriendsofSmithCove
The ostensibly public processes in Bremerton are “empty ceremony” intended not to
meaningfully inform citizens, including as to its planning under the Growth Management Act.
Bremerton violates and will be violating the Growth Management Act (GMA), including at RCW
36.70A.020 at Planning Goal No. 11, which requires:
“Planning goals. The following goals are adopted to guide the
development and adoption of comprehensive plans and development
regulations... The following goals ... shall be used exclusively for the
purpose of guiding the development of comprehensive plans, development
regulations … Citizen participation and coordination. Encourage the
involvement of citizens in the planning process, including the participation
of vulnerable populations and overburdened communities, and ensure
coordination between communities and jurisdictions to reconcile conflicts."
In abusing its power and legal processes on behalf of wealthy developers, Bremerton,
particularly via its Department of Community Development, and City Attorney’s Office, deploys
deception, obfuscation, and omission of material information is the city’s status quo for
marginalized and vulnerable. The "Constitution protects the right to receive information and
ideas." Stanley v. Georgia, 394 U.S. 557 (1969). The right to receive information is the
fundamental counterpart of the right of free speech; it ensures the public’s right to receive
information in an open society. Fritz v. Gorton, 83 Wash. 2d 275 (1974); Time, Inc. v. Hill, 385
U.S. 374 (1967). The "State may not ... contract the spectrum of available knowledge." Griswold
v. Connecticut, 381 U.S. 479 (1965). The First Amendment "prohibit[s] government from limiting
the stock of information from which members of the public may draw." First National Bank of
Boston v. Bellotti, 435 U.S. 765 (1978); Board of Ed., Island Trees Union v. Pico , 457 U.S. 853
(1982). This has resulted in “empty ceremony” hearings and processes:
"The right to be heard implies a reasonable hope of being heeded. The right to
be heard in a public hearing contemplates ... the hearing must be conducted as
to be free from bias and prejudice; it must not only be open-minded and fair, but
must have the appearance of being so . ... [it] must be so conducted as to
demonstrate that the relevant opinions of all persons invited to attend will be
considered and weighed by the legislative body in the light of all other factors
influencing their decision. Otherwise, the call for a public hearing would be an ...
an empty ceremony conducted simply to provide evidence of mechanical
compliance with the statute requiring the public hearing while concealing the
purpose of evading it."
The city’s comp plan proposals have not addressed its affirmative marginalization of the
homeless and priced-out renters, and its disregard for them in planning. Despite years of
pleas, the homeless and distressed renter continue to be disregarded. This has taken place
while the city – utterly dominated by a realty / developer cartel which includes “public
servants” – acts as a servile enabler to developers. After being outsourced by the city, even the
“hybrid shelter” ostensibly being worked on by cartel-influenced “non-profits” has been taking
place in an opaque manner without monitoring by or input from the public. This shelter has
been excluded from being sited in the downtown area, and after years of passing the buck, all
city actors including its “planners” continue to refuse to plan for and/or implement a minimal
need: 24 / 7 public toilets in derogation of a globally recognized basic human right.
Instead of upholding duties of impartiality under due process principles, our city government
aims to help private developers make millions they’d otherwise could not if it actually
implemented law and outreach fairly and impartially. The homeless and distressed renter pay
the price. In Bremerton, only developers seem to matter now to our “public servants. This is
covered up with dishonest misleading talking points, spin, and omission. Our city’s realty /
developer cartel wants priority in all things, and the unhoused and low-income can be
exploited to that end.
The Reality Of Bremerton’s Marginalized Persecuted Vulnerable Homeless
Community
The unhoused have been persecuted by the City of Bremerton and it is discriminated against
in order to continue to carry out favoritism towards the realty / developer cartel:
“Robin Records 11-4-23 ‘Sweep’ - Wheeler's Illegal Destruction Of Survival Gear & Personal
Property” https://youtu.be/nBcGh-2fQ1E?si=7Zut2OLF6PAJIo-k
11-15-23 “Robin re 11-4-23 ‘Sweep’ - I Filmed City's Destruction; Entire Tents With Their
Contents Were Dumped” https://youtu.be/ERhvvEZn2gk?si=2H2LhIWXK9gqF4PI
12-16-24 “GMA Violated: Developers Control City Which Outlaws Homeless & Ignores
Advocates Like Rock The Block” https://youtu.be/P0XBRjUb1HU?si=DMxDK0D4lFDUSgSG
12-16-24 “Robin: Adopts Rock The Block Testimony - City Violates Human Right To Sanitation
& Survival Property” https://youtu.be/_tRWEkH-bmc?si=tYRRfEO8VSycbdun
The Growth Management Act, RCW 36.70A.020 also requires as Planning Goals
No. 1:
“Urban growth. Encourage development in urban areas where adequate public facilities
and services exist or can be provided in an efficient manner.”
No. 4:
“Housing. Plan for and accommodate housing affordable to all economic segments of
the population of this state, promote a variety of residential densities and housing
types, and encourage preservation of existing housing stock.”
No. 10:
“Environment. Protect and enhance the environment and enhance the state's high
quality of life, including air and water quality, and the availability of water.”
No. 14
“Climate change and resiliency. … prepare for climate impact scenarios; foster resiliency
to climate impacts and natural hazards; protect and enhance environmental, economic,
and human health and safety; and advance environmental justice.”
In 2017, mayoral candidate Greg Wheeler used the homeless and gentrification to prostrate
himself before developers with the promise of developers’ Holy Grail – bigger buildings and
deregulation: “Greg is deeply concerned about gentrification as it pertains to the affordable
housing crisis in Bremerton. … this crisis is happening in every neighborhood. People are close
to losing their homes or are already homeless. … Some solutions he has in mind are to offer
incentives for developing low income housing by allowing for increased height limits and
expediting permitting. These are two proven methods that builders pay attention to. ..."
By 2017-2018, Greg Wheeler, and later his Chief of Police, acknowledged the escalating rise in
homelessness, displacement, and gentrification. The mayor, in a version of himself now
abandoned, did make an attempt to effect the actual construction of low-income / affordable
housing.
From this time to the present, while the homeless, and their advocates, have begged city hall
for modest humane assistance, the insiders' club here was acting behind closed doors to steer
the Opportunity Zone tax shelter and an initial half million in HUD and other public monies to
prop up Opportunity Zone projects of the emerging realty / developer cartel in town, notably
headed by top dog developer "Sound West Group" / CEO Wesley Arthur Larson III and his
partners and joint venturers including Rice Fergus Miller.
The lavishing of public monies, resources, and the strategizing of city actors such as DCD to
advance Larson’s Opportunity Zone plans and projects, including Quincy Square, started
without the public being informed that such funding and city effort would directly benefit
Sound West Group, and it's partners and joint venturers Rice Fergus Miller. Its partisan labor,
subsidizing funding, and calculated deception and omission continues to date.
Programs For The Needy Allowed To Be Exploited By Developers & Their
City Sycophants – The Opportunity Zone Vehicle For The Wealthy
In the Genovese Fraud Litigation in which Sound West Group partner Gregory Genovese
accused Larson and his partners of securities fraud, one sees the breadth of SWG’s Wesley
Arthur Larson III’s Opportunity Zone development plans and the fundamental error in civics in
holding up a private enterprise as a public benefactor selling cities on his “Master Plan:”
“3-11-19: Larson Explains Opportunity Zone ‘Master Plan’ Is A ‘Box’ In Which SWG Makes
The Decisions”
In Genovese’s pitch representing Sound West Group, to the public and investors, the
homeless community is actually exploited to present this private for-profit combine as a city
solution, instead of a cause of Bremerton’s pustsch into gentrification:
“… I've actually moved to Bremerton to head up this company and you know
I'm actually in an office standing here talking to you right now that's in an
Opportunity Zone and I would not have done that had it not been for the fact
that we're really going to be focused on what I've called you know positive
social impact. I don't want to go so far as to say socially responsible because
with that or ESG as you know because there's actually rules and regulations that
pertain to programs or projects that you're going to claim socially responsible
investing. But as you say right now there is no requirement however it would
probably meet the criteria because there is a positive social impact in just about
any opportunity zone program whether it's in the most blighted area in the
country or the one that's on the periphery which would be let's say an area that
is next to you know a middle-income tract that is is butted up against the low
income tract which there’s a lot of those in the state of Washington where we
are and I think they were smart I think the treasury department was smart to
keep it out not because the fact it wouldn’t have a strong positive social impact
but the investment themselves in revitalizing these areas really needs to be
looked at as a positive social impact. But that's really at the top of our list. It's in
our mission statement, it's on our website, it's in every interview that we do, and
every published report on Sound West Group is that everything that we do is we
are always putting something into the deals to give back to the community. So
over and above the program and the project itself and what it's going to do for
the city, we actually are in the process now of working with local government
with the mayor of Bremerton and a couple of the Congress people us Congress
here in developing a program with not only OZ I but our next couple of projects
OZ 2, 3, and 4 that part of our returns part of our cash flow - we don't have a
completely locked down at this point but it will be a direct monetary investment
into the community whether it be to homeless centers or to education at a local
junior college but we're in the pro - you happen to be asking the question at a
point where I just had a meeting this morning with our CEO on this exact topic
to develop as part of our pro forma a cash flow in a monetary benefit that will
go directly to needs in in that particular area where the project is . ...”
See 1-2-19 Genovese Statements Re SWG Opportunity Zone Plans & Coordination With City
(Jimmy Atkinson Opportunity Zone Podcast, Episode # 5).
These claims of SWG’s altruistic “positive social impact” in aid of the homeless and other
overburdened communities derives from the Opportunity Zone law’s initial talking points that
it is intended to help needy communities. However, subsequently, Sound West Group
devolved into money-grubbing internal disputes of fraud and embezzlement which the city
and Commissioner Jack Paauw would undoubtedly prefer to suppress. That breakup resulted
in Genovese’s ouster, and the apparent flight of Sound West Group from the capital markets
away from SEC and DOJ scrutiny.
Programs For The Needy Allowed To Be Exploited By Developers & Their
City Sycophants – HUD’s CDBG Hijacked By Quincy Square Insiders
The Opportunity Zone scheme has not been the sole instance of the exploitation of the
homeless to obtain financing. The wealthy connected insiders, with Sound West Group as top
dog developer, has been allowed by Bremerton to use a shameful tactic: targeting funding
programs meant for the needy, including HUD’s CDBG funding:
“The Community Development Block Grant (CDBG) program is a federal
program intended to strengthen communities by providing funds to improve
housing, living environments, and economic opportunities, principally for
persons with low and moderate income . At least 70% of CDBG funds received by
a jurisdiction must be spent to benefit people with low and moderate income ...”
See National Coalition For Low Income Housing . https://nlihc.org/sites/default/files/AG-
2024/9-2_Community-Development-Block-Grant-Program.pdf Easily demonstrating how
governmental servility to private special interests results in dishonesty, lack of transparency,
and misallocation of resources, while distressed citizen after citizen implored the city for help,
the insiders club behind the Quincy Square project were able to steer public moneys to their
venture within months while the actually needy still, years later, have not been able to stir the
city to act with a fraction of a fraction of that intensity to meet basic survival and bodily needs.
The breakdown of Bremerton’s 2018 HUD (CDBG) requested / recommended funding shows
the Quincy Square project was granted the greatest allocation - $300K of HUD money - to
dress up the setting of Wesley Larson's “B Flats Apartments” project which his former partner
Gregory Genovese identified in the Genovese Fraud Litigation as an Opportunity Zone project.
"𝟐𝟎𝟏𝟖 𝐂𝐨𝐦𝐦𝐮𝐧𝐢𝐭𝐲 𝐃𝐞𝐯𝐞𝐥𝐨𝐩𝐦𝐞𝐧𝐭 𝐁𝐥𝐨𝐜𝐤 𝐆𝐫𝐚𝐧𝐭 𝐏𝐫𝐨𝐣𝐞𝐜𝐭 𝐑𝐞𝐯𝐢𝐞𝐰 𝐂𝐨𝐦𝐦𝐢𝐭𝐭𝐞𝐞
𝐑𝐞𝐜𝐨𝐦𝐦𝐞𝐧𝐝𝐚𝐭𝐢𝐨𝐧𝐬" Project Funding Request Funding Recommended
1. Coffee Oasis
Funding Request $77,000
Recommended $32,500
2. New Life Community
Development Agency
Funding Request $65,000
Recommended $27,500
3. Kitsap Community Resources
(Business Education)
Funding Request $65,000
Recommended $65,000
4. Kitsap Community Resources
(Weatherization)
Funding Request $32,000
Recommended $32,000
5. Bremerton Public Works
(Quincy Square)
Funding Request $300,000
Recommended $300,000
6. Kitsap Childcare & Preschool
Funding Request $90,933
Recommended $91,000
7. Kitsap Community Resources
Funding Request [blank]
Recommended $241,000
Source: https://www.bremertonwa.gov/DocumentCenter/View/5244/2018-Project-Review-
Committee-Funding-Recommendations-PDF
In a piece of Rice Fergus Miller commercial “marketing” written by its principal, Dean Kelly, the
insiders’ club frames this sponge of public monies as “The public and private effort is coming
together to revitalize a downtown Bremerton street ” but left out of such self-interested
boosterism are the needs of real and marginalized humans who will be forced out of the city,
ghettoized, persecuted and excluded from Quincy Square upon its completion.
The Insiders’ Club > https://rfmarch.com/bremerton-project-has-musical-overtones-as-a-
tribute-to-former-resident-quincy-jones/
“2017: Design Funding Secured” > December 2018 Presentation – Quincy Square Project
The CDBG funding should have gone to the homeless.
Dean Kelly is a principal and architect in the Rice Fergus Miller firm familiar to Friends of Smith
Cove because he designed the rigged Evergreen Pointe project, then participated in
prohibited segmentation arguments with the encouragement of Andrea Spencer’s DCD. The
photo is taken from Dean Kelly’s article; I have labeled those known persons in the insiders
club because the contention of Friends of Smith Cove includes the interplay and impropriety
of the kind of partisanship and “entangled ties” which violates due process. Once the city
administration worked to install Jack Paauw and Mike Miller – principals of Sound West Group
and Rice Fergus Miller - the insiders club including their prominent place in the Kitsap
Economic Development Alliance, Kitsap Builders Association, and other cartel components.
In contrast to the marginalized homeless, this insiders club weaponizes their connections and
influence over municipal government. That influence culminated with Jack Paauw and Mike
Miller being made Planning Commissioners. Now, it is no longer a matter of influence but of
direct active partiality subverting due process in matters of planning. This has been the
contention of Friends of Smith Cove as to Andrea Spencer’s DCD, and now that partiality has
expanded to another quasi-judicial body, the Planning Commission – even to the point of
these bodies collaborating to codify the elimination of homeowners’ and residents’
constitutional due process rights via Ordinance 5506 and 5508.
See: “DCD, Sound West Group, Jack Paauw Smother Anti-Corruption & Community Voices By
Barring Due Process” https://youtu.be/jS_uL2Q2ynU?si=_r5t9_1poBb22EhT
To understand the depth of wrong one must juxtapose the “empty ceremony” hearings of
Quincy Square’s initial CDBG funding with the contemporaneous pleas of the homeless. The
city and its insider’s club snatched the biggest share of HUD's CDBG dollars while all but
spitting on the homeless as they announced the funding. During which the homeless and
struggling renters, unaware this funding could have gone towards their needs, pleaded for
humane consideration and simple fair pragmatic enforcement of the 12-year MFTE to no avail:
"1-17-18 Heather: Can't Afford Rent Hike; I'm Afraid For My Family. It's Not Fair"
https://youtu.be/ZBAEeW4oGbU?si=nfm0xbcFf3wzohsD
"5-16-18 Homeless & Advocates Beg Council To See Their Humanity. Peeved Council Prez: Its
Complicated" https://youtu.be/WLyin_Z8Gqk?si=xvE6OZJFKMRzRc-j
"6-20-18 Huddy: (Name-Dropping Larson) Providing Shelter, Food, & Services Worsens
Homelessness" https://youtu.be/Y2gqYgfGSe4?si=c-Ry1Wqgl91EGfnh
The grossly inequitable disparate treatment by the city towards insider developers and their
cronies and the homeless and their advocates has been pointed out repeatedly yet continues
to persist. See Jane: 10-19-22 “We Give Wealthy Developers Tax Breaks But Deny Homeless
24/7 Public Toilets (cost: $800/mos)” https://youtu.be/udtnYJD_POQ?si=vjKcvfeFh0ndEz3f
According to Sound West Group’s website ( https://soundwestgroup.com/who-we-are/ ), its
Quincy Square achievements during 2017 – 2018 included:
“2017 Completed construction on Spyglass Hill, and achieved 100% lease
up in 87 days at rents, exceeding pro forma
Purchased former Sears Department Store, Ford Dealership Buildings, and
the historic 600-seat art deco Roxy Theater, downtown Bremerton
Completed construction and opened AW Larson Building, Seattle
2018 Completed repurposement of Sears and Ford Buildings into mixed
use, featuring B Flats Apartments, Axe & Arrow Restaurant and Simple Safe
Storage”
During Mayor Wheeler’s 2017-2018 attempt to impose a moratorium on the 8-year MFTE to
allow the 12-year MFTE to activate actual construction of low-income / affordable housing, a
clash took place in which developers and City Council were allies in concealing months of
prior work obtaining public moneys for Quincy Square, including CDBG monies, while this
“public-private” collaboration rejected decency and fairness despite cogent informed input
from affected residents and the conclusory emptiness of developer whining (which always
omit all the other public subsidies they are given):
"6-20-18 Public Works: We Obtained $550K For Quincy Square (Larson's Opportunity Zone
Project)" https://youtu.be/fVAHUgoFxis?si=plw-zP5b6onYByyk
6-20-18 "Marianne Weber defends Sound West Group: At Spyglass We Do Wine Tastings,
Yoga, Zumba, Taco Tuesday." https://youtu.be/WVh13W4C0Qw?si=0SOrW8JTHZwcee9q
6-20-18 "Leslie Daugs re 12 yr MFTE: Spyglass' Yoga Is Great But Homeless, Families Living In
Cars Need Help" https://youtu.be/-AP9okrM2LM?si=NymhjEGYPbCUIoW9
"6-20-18 Lori Compares Tax: $1600 For Her 834 Sq Ft House V. $1400 For Larson's $20M 80-
Unit Spyglass" https://youtu.be/zfkmOHV4bbg?si=tVbDhkPwCAAC5iqS
6-20-18 "Eli: Despite Larson's Pitch, I Don't Know Any Workers Who'd Afford His $1400
Quincy Square Studios" https://youtu.be/KaTBeENoh78?si=cZy0KIYtGHZMicdc
"6-20-18 Fred: I can't afford home, but I'd be willing to pay tax if housing for the poor put in."
https://youtu.be/9U4W9EJZ8mM?si=RNb1isx9fK3Vf-VJ
"6-20-18 Wheeler (Before His Pogroms): Subsidizing Developers Means Displacing Low-
Income Tenants." https://youtu.be/LcBbR_P-xk4?si=aBfKthIuaok_x3XQ
“6-20-18: Younger (8-year MFTE) v. Wheeler (12-year MFTE) / Opportunity Zone & SWG
cited.” https://youtu.be/MgcRkOpg7MM?si=DnfAzYmtM6hyKGAK
Sound West Group is seen in Public Records Act materials meeting in its offices with the
Mayor, with DCD’s Andrea Spencer, and with Public Works’ Chal Martin throughout 2017 -
2018. Outside of public scrutiny or input. On September 14, 2018 Larson emailed Mayor
Wheeler:
“It was a pleasure to give you a tour of [Quincy Square] Sound West B Flats
yesterday. As mentioned, SWG will be launching the nation's first project-
specific opportunity zone fund (Sound West OZ Fund I), which will be
available staring in October. We've attached some information here for your
review as you requested ... We will be raising capital via the wealth advisory
and broker dealer communities very soon with Sound West OZ Fund I. This
flagship offering will be in the area of qualified opportunity zone funds which
will predicate on advantages afforded by the 2017 Tax Act. The tax act allows
for deferral and then significant mitigation of capital gains on an invest you
may make into an OZ fund from a liquidation of basically any investment you
may have which as capital gains and subject to capital gains tax, as well as
100% elimination of capital gains tax in the future of your next investment so
long as an investment is made into a government designated Opportunity
Zone via a certified Qualified Opportunity Zone Fund, and meets certain time
horizon holds of 5, 7, or 10 plus years. ...we believe this area of investment will
be a game changer in the industry and we are pioneering the first offering of
its kind dedicated to both Opportunity Zones as well as impact investing, to
be distributed through the wealth advisory and broker dealers channels. We
are currently working with Seyfarth Shaw Capital OZ Fund I (OZ1). We will
then have a series of funds in suscession of OZ1. Each will initially be Reg D
Private Placement Offerings of approximately $50 M each. Our first asset in
OZ1 will Marinaa Square in Bremerton, WA. You can view the project on the
Sound West Group website at www.soundwestgroup.com. Also, please visit us
at Sound West Realty Capital at www.soundwestrc.com.
We would also be happy to make a brief presentation for you prior to your
conference next week if it is convenient. I'll have Sharon reach out to you. I
think your developing expertise on the OZ would help you in promoting
investment and jobs in our great city.”
The span and inter-connectedness of Larson’s Opportunity Zone projects and how it fell apart,
or at least changed, is detailed in the Genovese Fraud Litigation but the full ramifications of
the fraud litigation are unknown (depositions were taken apparently). But Genovese names
the individual OZ projects as including Quincy Square, and this information per Genovese was
communicated to the mayor, other city pols, and to business leagues such as the Kitsap
Economic Development Alliance., and plans were made “in coordination” with these public
governmental officials and representatives.
See:
1-2-19 Genovese Statements Re SWG Opportunity Zone Plans & Coordination With City
(Jimmy Atkinson Opportunity Zone Podcast, Episode # 5)
12-11-19 Genovese Statements Re SWG Opportunity Zone Plans & Coordination With
City (Jimmy Atkinson Opportunity Zone Podcast, Episode # 66)
Genovese’s Lawsuit:
With Larson’s political influence, and dangling of millions, the mayor who once spoke of the
connection between subsidizing developers with the 8-year MFTE having the effect of
creating displaced low-income tenants has seemingly disappeared.
A few months after Larson’s 9-14-18 email, Sound West Group and its partners and joint
venturers, Rice Fergus Miller, and Steve Sego / Waterman Mitigation presented before various
governmental bodies to ask for yet more public funding to buttress its Opportunity Zone
project (Port Orchard, Port of Bremerton, Kitsap Public Facilities District) not because it did not
have the wherewithal but because it expected a boom via the Opportunity Zone tax shelter
which the consortium announced it would deploy for all its Opportunity Zone projects.
Somehow, taking public monies, even CDBG funds, and depriving needy communities of the
same, the SWG-led realty / developer cartel still manages in social media, in the press, and at
Norm Dicks, to pose, and to be treated, as an untouchable public benefactor.
“The Time Is Now” https://www.kitsapsun.com/story/opinion/columnists/2017/07/30/time-now-
bremerton/524083001/
The City of Bremerton posts articles by Larson / Sego to city social media as if SWG
pronouncements are the equivalent of governmental study or notice, and not not commercial
propaganda. Ian Harkins of the Kitsap Builders Association recently aped what every advocate
of the homeless has stated over the last decade. But the KBA does so without the admission
that the developer cartel will not lift a finger to actually build low-income housing. Not enough
profit. This is PR co-option of the empathy most humans feel for the homeless community. See
https://www.kitsapsun.com/story/opinion/columnists/2025/03/29/the-necessity-of-creating-
affordable-housing-in-kitsap-county/82680760007/
“…Either join us or step aside and allow others to
take the lead. Those who have endured the hard
times ... deserve as much.”
- Wesley Larson “The Time Is Now For Bremerton”
The KBA has as its prominment members Sound West Group and Waterman Mitigation.
SWG’s VP of Development was promoted from KBA’s Government Affairs chair to its
president. Hence, the KBA, as with KEDA and the Planning Commission, and DCD, is the
mouthpiece of Sound West Group.
There are seemingly two realities. That of the realty / developer cartel which has subsumed
city administration, and the Planning Commission, and those Bremertonians dying in or
clinging for survival on the streets.
"3-11-19: Larson Explains Opportunity Zone "Master Plan" Is A "Box" In Which SWG Makes
The Decisions" https://youtu.be/EVB82UydU10?si=05mecHl2X5vJimYV
12-27-19 Wesley Larson talks "Master Plan" for downtown Bremerton here:
https://www.kitsapsun.com/story/news/2019/12/27/new-development-infrastructure-spurred-
bremertons-comeback-2010-s/2752104001/
Somehow in the last decade, Wesley Larson's "Master Plan" and city planners’ Comp Plan
presentations do not include a pot to piss in for the poorest of the poor.
"12-4-24 Joslyn: Homeless Need Restrooms & Are Being Prevented From Owning Enough To
Stay Warm & Dry" https://youtu.be/9Pa4Qf-I2CU?si=RKy5owhulbxQmWfZ
Please take heed of Joslyn’s many other cogent credible witness-bearing. As with all other
Friends of Smith Cove comments, we have placed much of our factual or evidential support,
including Joslyn’s, and Rock The Block’s, in our Friends of Smith Cove youtube channel
(unmonetized) as a respository for public transparency.
See https://www.youtube.com/@FriendsofSmithCove
Despite actual millions in public funding inuring to Wesley Larson, the homeless and their
advocates have yet to impress the city with the need to stop criminalizing their existence and
their bodily functions.
Wastewater Planning
Even as the city presented its Wastewater Plan proposals it seemed incapable, and unwilling,
to even consider that a Wastewater Plan should actually plan for the human waste – fecal
matter - of those who are unhoused.
3-5-25 “Robin re Wastewater Plan: Lack Of Public Toilets Inhumane; Waste Goes Into Smith
Cove / Salish Sea” https://youtu.be/GqmD7MMHcZY?si=Vv-NzR8WVi7U17C1
3-5-25 "Wastewater Plan With No Public Toilets Cruelly Persecutes Homeless & Bad For Smith
Cove / Salish Sea"
https://youtu.be/c0B8InZb1Xo?si=BLhnasEvLXFP9W7G
3-5-25 "Dr. Levine's Question Forces City To Admit Lack Of Planned Public Toilets Is A Policy
Choice." https://youtu.be/BEmZXQz95Jo?si=YK3ZWkj21AeSKoi0
And the city's money spigot for Wesley Larson remains open, DCD and the City Attorney’s
Office worked to gag our voice:
4-16-25 "We Prop Up Sound West Opportunity Zone Projects Like Quincy Square & We Lose
Due Process. (Nice Gig)" https://youtu.be/PZPsUdBu8ow?si=Qoyp80u5P9mwm-2_
After seven years, not only does the spigot remain open, but it becomes clear that just as city
hall excludes and disregards the homeless and the low-income, so will the concocted Quincy
Square "wave of cultural resurgence "
As an example of the reality-bending nature and disconnect of profit-driven commercial
enterprises which obtain public monies through programs intended to help the needy, here is
a recent breathless Sound West Group press release in which Larson morphs into a let-them-
eat-art impresario:
"𝐁𝐫𝐞𝐦𝐞𝐫𝐭𝐨𝐧 𝐋𝐚𝐮𝐧𝐜𝐡𝐞𝐬 𝐐𝐮𝐢𝐧𝐜𝐲 𝐉𝐨𝐧𝐞𝐬 𝐒𝐪𝐮𝐚𝐫𝐞 𝐀𝐫𝐭𝐬 𝐃𝐢𝐬𝐭𝐫𝐢𝐜𝐭 𝐰𝐢𝐭𝐡 𝐄𝐱𝐩𝐥𝐨𝐬𝐢𝐯𝐞
𝐎𝐩𝐞𝐧𝐢𝐧𝐠 𝐂𝐨𝐧𝐜𝐞𝐫𝐭 𝐚𝐭 𝐓𝐡𝐞 𝐑𝐨𝐱𝐲 𝐓𝐡𝐞𝐚𝐭𝐞𝐫
, –𝐁𝐑𝐄𝐌𝐄𝐑𝐓𝐎𝐍 𝐖𝐀 𝐁𝐫𝐞𝐦𝐞𝐫𝐭𝐨𝐧 𝐢𝐬 𝐫𝐢𝐝𝐢𝐧𝐠 𝐚 𝐰𝐚𝐯𝐞 𝐨𝐟 𝐜𝐮𝐥𝐭𝐮𝐫𝐚𝐥 𝐫𝐞𝐬𝐮𝐫𝐠𝐞𝐧𝐜𝐞
—𝐰𝐢𝐭𝐡 𝐭𝐡𝐞 𝐥𝐚𝐮𝐧𝐜𝐡 𝐨𝐟 𝐭𝐡𝐞 𝐐𝐮𝐢𝐧𝐜𝐲 𝐉𝐨𝐧𝐞𝐬 𝐒𝐪𝐮𝐚𝐫𝐞 𝐀𝐫𝐭𝐬 𝐃𝐢𝐬𝐭𝐫𝐢𝐜𝐭 𝐚 𝐯𝐢𝐛𝐫𝐚𝐧𝐭 𝐧𝐞𝐰
𝐜𝐫𝐞𝐚𝐭𝐢𝐯𝐞 𝐡𝐮𝐛 𝐧𝐚𝐦𝐞𝐝 𝐢𝐧 𝐡𝐨𝐧𝐨𝐫 𝐨𝐟 𝐭𝐡𝐞 𝐥𝐞𝐠𝐞𝐧𝐝𝐚𝐫𝐲 𝐩𝐫𝐨𝐝𝐮𝐜𝐞𝐫 𝐚𝐧𝐝 𝐦𝐮𝐬𝐢𝐜𝐢𝐚𝐧
.𝐰𝐡𝐨 𝐬𝐩𝐞𝐧𝐭 𝐩𝐚𝐫𝐭 𝐨𝐟 𝐡𝐢𝐬 𝐜𝐡𝐢𝐥𝐝𝐡𝐨𝐨𝐝 𝐢𝐧 𝐭𝐡𝐞 𝐜𝐢𝐭𝐲 𝐏𝐞𝐫𝐬𝐨𝐧𝐚𝐥𝐥𝐲 𝐚𝐩𝐩𝐫𝐨𝐯𝐞𝐝 𝐛𝐲 𝐐𝐮𝐢𝐧𝐜𝐲
,𝐉𝐨𝐧𝐞𝐬 𝐡𝐢𝐦𝐬𝐞𝐥𝐟 𝐭𝐡𝐢𝐬 𝐯𝐢𝐬𝐢𝐨𝐧𝐚𝐫𝐲 𝐩𝐫𝐨𝐣𝐞𝐜𝐭 𝐢𝐬 𝐮𝐬𝐡𝐞𝐫𝐢𝐧𝐠 𝐢𝐧 𝐚 𝐧𝐞𝐰 𝐞𝐫𝐚 𝐨𝐟 𝐚𝐫𝐭𝐬 𝐚𝐧𝐝
. 𝐢𝐧𝐧𝐨𝐯𝐚𝐭𝐢𝐨𝐧 𝐢𝐧 𝐭𝐡𝐞 𝐏𝐚𝐜𝐢𝐟𝐢𝐜 𝐍𝐨𝐫𝐭𝐡𝐰𝐞𝐬𝐭
, ’ - ’ - 𝐓𝐨 𝐤𝐢𝐜𝐤 𝐨𝐟𝐟 𝐭𝐡𝐞 𝐝𝐢𝐬𝐭𝐫𝐢𝐜𝐭’𝐬 𝐢𝐧𝐚𝐮𝐠𝐮𝐫𝐚𝐥 𝐬𝐞𝐚𝐬𝐨𝐧 𝐚 𝐡𝐢𝐠𝐡-𝐯𝐨𝐥𝐭𝐚𝐠𝐞 𝐧𝐢𝐠𝐡𝐭 𝐨𝐟 𝐥𝐢𝐯𝐞 𝐦𝐮𝐬𝐢𝐜
... --𝐰𝐢𝐥𝐥 𝐬𝐞𝐭 𝐭𝐡𝐞 𝐭𝐨𝐧𝐞 '𝑇ℎ𝑖𝑠 𝑖𝑠 𝑚𝑜𝑟𝑒 𝑡ℎ𝑎𝑛 𝑗𝑢𝑠𝑡 𝑎 𝑐𝑜𝑛𝑐𝑒𝑟𝑡 𝑖𝑡'𝑠 𝑡ℎ𝑒 𝑏𝑒𝑔𝑖𝑛𝑛𝑖𝑛𝑔 𝑜𝑓
,”𝑠𝑜𝑚𝑒𝑡ℎ𝑖𝑛𝑔 𝑠𝑝𝑒𝑐𝑖𝑎𝑙 𝑓𝑜𝑟 𝐵𝑟𝑒𝑚𝑒𝑟𝑡𝑜𝑛 𝐬𝐚𝐢𝐝 𝐖𝐞𝐬 𝐋𝐚𝐫𝐬𝐨𝐧 𝐨𝐟 𝐖𝐨𝐫𝐥𝐝 𝐓𝐡𝐞𝐚𝐭𝐞𝐫
"ℎ " 𝐅𝐨𝐮𝐧𝐝𝐚𝐭𝐢𝐨𝐧 𝐚𝐧𝐝 𝐭𝐡𝐞 "𝑇ℎ𝑒 𝑄𝑢𝑖𝑛𝑐𝑦 𝐽𝑜𝑛𝑒𝑠 𝑆𝑞𝑢𝑎𝑟𝑒 𝐴𝑟𝑡𝑠 𝐷𝑖𝑠𝑡𝑟𝑖𝑐𝑡 𝑖𝑠 𝑎𝑏𝑜𝑢𝑡
, ,𝑐𝑒𝑙𝑒𝑏𝑟𝑎𝑡𝑖𝑛𝑔 𝑐𝑟𝑒𝑎𝑡𝑖𝑣𝑖𝑡𝑦 ℎ𝑜𝑛𝑜𝑟𝑖𝑛𝑔 𝑙𝑒𝑔𝑎𝑐𝑦 𝑎𝑛𝑑 𝑏𝑢𝑖𝑙𝑑𝑖𝑛𝑔 𝑎 𝑓𝑢𝑡𝑢𝑟𝑒 𝑤ℎ𝑒𝑟𝑒 𝑡ℎ𝑒 𝑎𝑟𝑡𝑠
."𝑡 ℎ𝑟 𝑖𝑣𝑒
The forced attempted glitz and cultural "resurgence" highlights the skewed and dumbed
down "affordable housing" discourse in general and at city hall which depends on omission,
misrepresentation, and opaque insider moves, to hide essential fallacies:
Sound West Group, and other components of the effective realty / developer cartel in town
will not support public policy which requires them making less than maximal profit – as
determined by them. And they will take all the public funding they can get.
1. Sound West Group, the top dog leader of the town's realty / developer cartel, is
committed to never actually building low income / affordable housing (although it
might sponsor yoga classes and wine tastings).
2. The HUD CDBG, the Opportunity Zone, and the MFTE are predicated on helping
distressed citizens and communities. Hence, these funding vehicles, tax shelters and tax
breaks - so-called "tools in the toolbox" - are effectively used to extract "market rate"
for-profit millions for a select few insiders by invoking the plight of the homeless and
priced-out renter / worker while in fact this marginalized segment is relegated to
continued misery - with 2-second sympathy noises every now and then from City
administration and City Council.
Instead of actual problem-solving and honest interaction with the city’s homeless, we get PR
stunts and empty lip service:
3-8-23 "BCC No Toilets For the Poor and Needy on ML King Way in Bremerton - Just More
Bureaucratic Inaction" https://youtu.be/NK6qaXlWFqs?si=cB6dw5VOT6_tEbbt
"Years Begging For PortAPotty Vs Jeff Coughlin's Fake Concern; His Allocated $10K Morphs
Into Blather" https://youtu.be/v-zm0DW_1A0?si=Hu-qqtcqhpHBY-yw
We have even have to watch in amazement as phantom $100K “donations” are claimed to be
given to “combat homelessness” after the mayor’s cruel “sweeps” by his friend, Chris Tibbs of
the Arc, when in fact no donation took place. This was non-occurrence was confirmed by
Public Records Act request.
This phantom donation before the public was to much applause and emoting from the
Council dais, and represents the city’s go-to: obfuscating “empty ceremony” hearings which
skews informed public participation.
11-1-23 “After Mayor's ‘Sweep’ Destroyed Belongings Of Homeless, He Receives 100K To
‘Combat’ Homelessness” https://youtu.be/Sf8YJ0TohpQ?si=YWYoru28BFiOiYuy
With all this as a backdrop, I urge those with a sliver of conscience to look back to the City
Council hearings in May and June of 2018 and behold what happened – the homeless begged
for their humanity and the realty / developer was bestowed the first of many handouts.
May 16, 2018 City Council: https://bremerton.vod.castus.tv/vod/?video=eda3afaa-e152-4367-
a928-d018070c38c7
June 20, 2018 City Council: https://bremerton.vod.castus.tv/vod/?video=e2bfb61a-fff5-4ff4-
820c-3bfca21d2bfd
The pleas of the homeless and their on-the-street advocates which we see / hear in these
hearings has persisted to this day. The anti-camping sweeps, and on-the-street persecution of
the homeless, has only worsened their plight because the city keeps the homeless in flight or
hiding, which prevents their advocates from finding them or coming to their aid. Zero results
despite a decade of begging – not even 24 / 7 public toilets / hand washing stations.
See https://www.youtube.com/@FriendsofSmithCove
And yet on June 20, 2018, Wesley Larson and the Quincy Square insiders’ club managed to
hustle to obtain CDBG funding intended for the needy.
HUD’s CDBG program requires the participation of the communities which those funds are
intended to help:
“A grantee must develop and follow a detailed plan which provides for, and
encourages, citizen participation and which emphasizes participation by persons
of low- or moderate-income, particularly residents of predominantly low- and
moderate-income neighborhoods, slum or blighted areas, and areas in which the
grantee proposes to use CDBG funds. The plan must:
Provide citizens with reasonable and timely access to local meetings, information,
and records related to the grantee's proposed and actual use of funds
Provide for public hearings to obtain citizen views and to respond to proposals
and questions at all stages of the community development program, including at
least the development of needs, the review of proposed activities, and review of
program performance
Provide for timely written answers to written complaints and grievances ...”
See https://www.hud.gov/hud-partners/community-cdbg#:~:text=A%20grantee%20must
%20develop%20and,to%20written%20complaints%20and%20grievances
Watch the hearings. Look at the Quincy Square self-congratulation. The input of the homeless
and displace renter was not sought, and did not happen.
The concocted “cultural resurgence” and “arts district” made up by the writers of Sound West
Group will not serve the human needs of this known marginalized vulnerable community
whose funding was snatched away by the privileged for the “cool vibes” a Quincy Square
might give to the privileged. The disdain and disregard continues in comp planning in
violation of the Growth Management Act (GMA), including at RCW 36.70A.020 at Planning
Goal No. 11, which requires: “Citizen participation and coordination. Encourage the
involvement of citizens in the planning process, including the participation of vulnerable
populations and overburdened communities, and ensure coordination between communities
and jurisdictions to reconcile conflicts."
Who reached out to the homeless in city planning? Where did the meetings take place? Who
has been contacted? What suggestions and data were taken into consideration?
How has the mayor, city council, and planning commission, and city “planners” of DCD
managed to utter lobbyist jargon and stare soulessly at the homeless and yet continue to
criminalize their existence and bodily functions with not one step towards a 24/7 public
restroom?
Do the right thing.
Friends of Smith Cove
Jose Camacho
FriendsOfSmithCove@gmail.com
See https://www.youtube.com/@FriendsofSmithCove
Published for
October 16
Council Meeting
Item 5A
Public Recognition
10/16/2024
Bremerton City Council:
My name is Joslyn LaMadrid, and I am with the Bremerton Prayer Walk and Rock the Block. I
continue to write to the city council and speak to implementation of the anti-camping ordinance
and the disproportionate and targeted enforcement thereof. I continue to be concerned about
absolutely unconstitutional destruction and disposal of personal property by the city. I again
acknowledge the Supreme Court case of City of Grants Pass v. Johnson, 23-175 (Supreme
Court 2024) that was recently handed down, which only emboldened cities to criminalize
homelessness. The stories that I am hearing constitute grave constitutional violations, and put
our beautiful city in peril. We are better than this, and I implore you to take action.
I generally try to address this city counsel from a humanity standpoint, as I believe everyone has
value, and everyone is worthy of being treated with dignity and respect. There is not one person
I have met in 4.5 years of consistent interaction that would have chosen this route. There is not
one homeless person that wants to be homeless even if that is their current choice. There is not
one person suffering from addiction or mental illness that sought this lifestyle out and is
enthusiastic about maintaining this type of life. This could be anyone of us on the streets. It
could be our family. There are so many different facets to this problem, and there is not one
solution that will address and correct it.
The Supreme Court clearly pointed out at length the other safeguards in place to protect its
citizens from overbearing governments. 1 As identified below, the 8th amendment is NOT the
only constitutional constraint being violated. For example, enforcement of the Bremerton
ordinance is specifically targeting a select group of people ONLY. Not only are people barred
from city property and subjected to criminal trespass charges, the officers are incorrectly taking
people’s items and disposing of them without an opportunity for a hearing or a way to retrieve
their personal belongings. This is in direct violation of the 4th Amendment to the United States
Constitution and its Washington counterpart. Furthermore, this emboldened police force is
1 The Constitution and its Amendments impose a number of limits on what governments in this
country may declare to be criminal behavior and how they may go about enforcing their criminal
laws. Familiarly, the First Amendment prohibits governments from using their criminal laws to
abridge the rights to speak, worship, assemble, petition, and exercise the freedom of the press.
The Equal Protection Clause of the Fourteenth Amendment prevents governments from
adopting laws that invidiously discriminate between persons. The Due Process Clauses of the
Fifth and Fourteenth Amendments ensure that officials may not displace certain rules
associated with criminal liability that are “so old and venerable,” “‘so rooted in the traditions and
conscience of our people[,] as to be ranked as fundamental.’” Kahler v. Kansas, 589 U. S. 271,
279 (2020) (quoting Leland v. Oregon, 343 U. S. 790, 798 (1952)). The Fifth and Sixth
Amendments require prosecutors and courts to observe various procedures before denying any
person of his liberty and property, promising for example that every person enjoys the right to
confront his accusers and have serious criminal charges resolved by a jury of his peers. One
could go on. Martin, at 8.
broadening the ordinance to include any resting on public property will not be allowed, as
individuals are constantly having to move according to the police or risk jail. This is NOT at all
what the ordinance says. I would direct your attention to the plain language of the ordinance. 2 It
deals specifically with camping paraphernalia, not a person!
While we have not seen widespread litigation in this community as of yet, I assure you that we
are not exempt from legal challenges. It is absolutely incomprehensible to me to think there has
been so much garbage collected in enforcing this ordinance, and absolutely zero personal
property to have been collected. (See Mayor Wheeler's comments at the September 18, 2024,
hearing, as well as his information submitted). See also the city’s procedures that were given to
me in response to my statement last council meeting (October 2, 2024) in which city officials
acknowledge there is very little personal property that was left, and this is based upon hearsay
of a third party organization. We have taken pictures of people’s belongings before and after
enforcement, and a whole plethora of personal property including medical supplies and devices,
tents, sleeping bags, electronics, phones, clothes and other property has been discarded
without a second thought of this administration. This is not in accordance with our very own
regulations regarding the same. SEE The City's rules for cleanup in an unauthorized
encampment. Photographs are to be taken, inventory of personal property, and an opportunity
to retrieve this property MUST be provided. 3
On a solution side of this issue, you have a disconnect between the resources available and
those being offered. There are simply not enough resources for those on the streets. I have had
numerous conversations with people who truly want to come off the streets. There is no detox,
there is no treatment, there is no supportive housing available for those after they have gone
3 Prior to cleaning up the Unauthorized Encampment, photographs will be taken of the Encampment
showing all abandoned property, garbage, waste, and debris in the area to accurately depict the condition
of the Encampment at the time of removal. It is recommended that photographs be taken of Personal
Property, both collected for storage or disposed of, unless hazards exist, and it would be unsafe to do so
at the time the Encampment is removed. All photographs will be sent to Code Enforcement to be
uploaded into SmartGov and assigned a case number by Code Enforcement. Page 5 of the City of
Bremerton Risk Management, Removal of Unauthorized Encampments, revised 10/26/23.
2 9.32.020 UNAUTHORIZED CAMPING IN PUBLIC PLACES.
Except as permitted by permit pursuant to BMC 9.32.040 or as otherwise provided by City Code or
ordinance, it shall be unlawful for any person to camp in any park or other public place. This prohibition
does not include the use of camping paraphernalia and camping facilities consistent with park rules
established by the Parks Director at times parks are open to the public pursuant to BMC 13.04.150. (Ord.
5496 §1, 2024; Ord. 5482 §1, 2023; Ord. 4898 §1, 2004)
9.32.030 UNAUTHORIZED STORAGE IN PUBLIC PLACES.
Except as permitted by permit pursuant to BMC 9.32.040, Chapter 10.10 BMC, or as otherwise provided
by City Code or ordinance, it shall be unlawful for any person to store, pitch or park camping facilities or to
store or pitch camping paraphernalia in any park or other public place. This prohibition does not include
the use of camping paraphernalia and camping facilities consistent with park rules established by the
Parks Director at times parks are open to the public pursuant to BMC 13.04.150. (Ord. 5496 §1, 2024;
Ord. 5482 §1, 2023; Ord. 4898 §1, 2004)
through treatment. I have found so many ending up back on the street after finishing treatment
because there are no other options. Nobody wants to relapse and start over, and yet these are
the predicaments they are faced with.
There are so many individuals we have lost contact with so many beautiful individuals who have
some hope. I have a pregnant woman on the streets currently that I cannot find during the time
to get her into a bed. There are several more who have received housing that we are unable to
locate after years of waiting on a list. We have individuals getting arrested and rearrested for
trespassing that literally are just resting. We are allowed to rest in this country. We are allowed
to exist in this country. It is absolutely incredible to me how so many can sit by while there is
such atrocity being carried out in our community.
There are significant concerns that should raise red flags for this council. Our solution to this
problem is way out of control and I hope and pray we can start to protect our most vulnerable.
We don’t have the resources and the answer should not be jail. This is public property, and
everyone in our community is entitled to utilize it. Our city government holds the property in trust
for the entire community. Not just those who own a house. I would continue to encourage you to
take some measures, the least of which should be an independent legal inquiry to the
constitutionality of this ordinance, both in the plain language of the ordinance and the selected
and targeted illegal enforcement by a police department that is not operating within the confines
of the law. 4
Thank you for your time. I continue to pray for this city, and for each of you on this council to
hear the potential liabilities and the extreme danger this type of aggressive campaign puts our
city in. Most importantly though, this is not how we treat people in a civilized community. The
enforcement of this ordinance should shock the conscience of each one of our citizens.
Respectfully submitted,
Joslyn LaMadrid
Bremerton Prayer Walk and Rock the Block
4 It is always considered unlawful police action when acting outside the scope of their authority. In this
case, the police harassing individuals to prevent them from existing falls outside the scope of the
anti-camping ordinance.
From: Robin Weldin <rdmoley26@gmail.com>
Sent: Wednesday, May 7, 2025 12:11 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Subject: Fwd: FOSC's Comment for 5-7-25 City Council meeting - GMA Violation As To Homeless
Community
To Bremerton city council members,
I wish to adopt and incorporate all of Mr. Camacho’s / Friends of Smith Cove’s comments
and attached exhibits, sent by email to the May 7 Bremerton city council meeting, as my
own.
Thank you,
Robin Weldin
Friends of Smith Cove
Bremerton resident
Published for
May 7
Council Meeting
Item 3 – Mayor’s Report
Published for
May 7
Council Meeting
Item 8 – Council Reports
COUNCIL DISTRICT 1
Jennifer Chamberlin