Bainbridge Island City Council Study Session: Groundwater Peer Review and Ethics Program - October 21, 2025

On October 21, 2025, the Bainbridge Island City Council met at 6:00 p.m. in Council Chambers and via Zoom. All seven councilmembers were present: Mayor Mathews, Deputy Mayor Quitslund, and Councilmembers Deets, Fantroy-Johnson, Hytopoulos, Moriwaki, and Schneider. Deputy Mayor Quitslund read the Land Acknowledgement. The council unanimously approved the agenda, 7-0, and no conflicts of interest were disclosed. The agenda estimated adjournment at 7:20 p.m., but the minutes and transcript record adjournment at 8:05 p.m.

Groundwater Management Plan Peer Review

Public Works and Water Resources Specialist Christian Berg introduced the item, noting that in April the council approved seeking peer reviewers for the Groundwater Management Plan (GWMP), that the council received the second draft on July 22, and that the city hired Keta Waters to review it. Keta Waters consultants Joel Massmann and Adam Massmann presented their roughly 40-page peer review. They agreed that the GWMP's two highest-ranked actions - increasing water conservation and increasing groundwater recharge - warrant high rankings because they improve system resiliency. They found that available water-level data and modeling results do not provide definitive evidence that current or future groundwater withdrawals are sustainable or unsustainable, largely because recharge rates are uncertain and the uncertainties in the water balance are larger than apparent margins. Joel Massmann noted that Bainbridge's withdrawals may be a relatively high share of estimated recharge compared to many systems, making those uncertainties more consequential. The consultants recommended continuing and possibly expanding monitoring, focusing on conservation and recharge, adding metering, and using steady-state simulations to bound sustainable combinations of recharge and extraction. They also said the current model's omission of streams, wetlands, and lakes severely limits its ability to estimate pumping impacts on those resources, though it could be fixed. They advised against spending large additional sums on more complex modeling because inherent uncertainties would remain. Berg also mentioned that Keta Waters was recommended by a Suquamish staff member and was scheduled to present to the Planning Commission on October 30.

Council discussion reflected support for the review and concern about its implications. Councilmember Hytopoulos asked whether the council should move to planning or worry about modeling; the consultants said monitoring and conservation are the best use of resources. She also expressed concern about relying on conservation given the difficulty of controlling human behavior and about upcoming growth decisions. Councilmember Deets asked what level of conservation to implement and how to know it is working; consultants cited stabilization of groundwater elevations as an indicator and suggested prioritizing low-cost conservation measures. Councilmember Moriwaki asked whether any part of the plan was sound; consultants said much of the compiled data was useful but that uncertainty was underemphasized. Deputy Mayor Quitslund said carrying capacity should not be assigned a numeric value and asked about reliance on the deepest aquifers; consultants said most large systems rely on the deepest aquifers but did not recall exact percentages. Mayor Mathews mentioned a possible tour of the Port Gamble water treatment facility and raised concerns about Kitsap PUD water-system planning assumptions.

A motion by Councilmember Deets, seconded by Councilmember Moriwaki, to forward the peer review to the Groundwater Management Plan Sub-Committee and Technical Advisory Committee for development of next steps and plans for public engagement carried unanimously, 7-0.

Ethics Program Changes

City Manager Blair King introduced the item, explaining that in May the council discussed changes to the ethics program, including limiting complaints to 12 months after the alleged violation and 12 months after leaving office. The Ethics Board, chaired by Dona Keating, responded by recommending retention of the current two-year timeframes. Keating said the board does not file complaints or 'hunt people down'; complaints are filed by citizens, and the board's role is educational. She argued that lowering the timeframes would reduce standards, that two-year windows already exist in other code sections such as post-service employment restrictions and significant financial conflicts, and that allowing people to leave office or advisory groups to avoid complaints would be harmful. She also said the board has been weaponized in the past, has worked to mitigate that, and had other pending recommendations it wanted the council to consider.

Councilmembers expressed strong concerns about post-service complaints. Councilmember Hytopoulos said neither councilmembers nor volunteer committee members should be 'haunted down' after leaving, noted that state ethics law covers the most serious misconduct, said volunteers could be dissuaded from serving, and questioned the city's jurisdiction over former members. Councilmember Fantroy-Johnson called post-service ethics exposure an overreach, noting that former members are ordinary citizens without city-provided legal help. Councilmember Deets asked for equity across roles and noted that frivolous complaints are unpleasant. Councilmember Moriwaki said state ethics law is largely about financial conflicts and contracts and expressed concern about a chilling effect on volunteers. Councilmember Schneider noted the board can also provide exoneration and serve the public good, and that resignation should not allow escape from accountability. Mayor Mathews said elected officials sign up for scrutiny and expressed trust in the Ethics Board, while suggesting a possible compromise limiting two-year exposure for citizen committee members.

No formal action was taken on the ethics program. Councilmembers and Keating agreed that a joint subcommittee could 'hash it out' and bring back a proposed compromise to the council and Ethics Board.

Committee Reports

Councilmember Moriwaki reported on a KCHA tour of north-end housing properties, including a 48-unit property, five single-family homes, and apartment complexes; an upcoming October 28-31 trip to Champaign-Urbana to study a solar-powered hydrogen production facility for transit; Kitsap Transit hydrogen bus plans; FIFA World Cup planning with extra ferries and BI Ride service; and attendance at the No Kings Rally. Councilmember Deets reported on a joint meeting with Poulsbo covering the Sound Olympic Trail, derelict vessels, the SR 305 working group, and law enforcement to deter ferry line cutting; a joint letter on derelict vessels was planned. He also announced Saturday office hours. Deputy Mayor Quitslund noted that the Planning Commission's Thursday meeting would continue Winslow Plan work. Mayor Mathews described speaking at the UW Evans School of Public Policy about public service and civic trust and suggested future large rallies include food-bank donations.

Key Outcomes

• Agenda approved 7-0; no conflicts disclosed.
• Motion to forward the Groundwater Management Plan Peer Review to the GWMP Sub-Committee and Technical Advisory Committee for next steps and public engagement passed unanimously, 7-0.
• No vote was taken on ethics program changes; council and Ethics Board agreed to consider forming a subcommittee to develop a compromise proposal for a future business meeting.
• The meeting adjourned at 8:05 p.m., later than the 7:20 p.m. estimate in the agenda.