HomeMy WebLinkAbout03/12/97
CITY COUNCIL MEETING MINUTES
MARCH 12, 1997
The regular meeting of the City Council of the City of Bremerton
was called to order in the City Council Chambers, 239 4th Street,
Bremerton, Washington, Wednesday, March 12, 1997, at 5:30 P.M.,
with Council Vice President Richard Neville presiding. Council
members present were Bob Winters, Carlos Montgomery, Lon Overson,
John Law, Cecil McConnell, and Al Colvin. Council members David
Farr and Sherril Huff-Menees were absent. Also present were City
Attorney Ian Sievers and Deputy City Clerk Paula Johnston.
The meeting opened with the Pledge of Allegiance led by Council
President Farr and Invocation given by Councilman Al Colvin.
Vice President Neville made the following announcement:
(1) City Council will hold a Study Session on March 17, starting at
5:30 P.M., to discuss: Projects Update, Forestry Projects Update,
and Fluoridation.
Paula Johnston, Deputy City Clerk, announced Agenda Item 10A -
Planning Unit Development For Sinclair Landing Project had been
pulled off the Agenda.
CONSENT AGENDA
A. Minutes of Meeting -- February 26, 1997 #AB97-051
#0041 M/S/C/U(Colvin/McConnell) to approve the Consent Agenda as
presented.
CLAIMS/CHECK REGISTER8
Vouchers audited and certified by the auditing officer as required
by RCW 42.24.080, and those expense reimbursement claims certified
as required by RCW 42.24.090, have been recorded on a listing that
had been made available to the Council.
#0062 M/S/C/U(Colvin/Overson) on March 12, 1997, the Council does approve
for payment those vouchers included and further described as
follows: 206629, 206651 through 206867 in the amount of
$494,766.89.
COUNCIL MEMBER REPORTS
Mr. Winters extended congratulations to the citizens of Bremerton
and City Council on being named as Reader's Digest's #4 Best City
To Raise A Family out of 50 cities.
Mr. Montgomery pointed out the City of Spokane garnered the #8 Best
City to Raise A Family.
Mr. Law announced the next District #3 Neighborhood Meeting will be
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held on March 18, 7:00 P.M., at the Senior Center. Police Chief
Paul Du Fresne will be the guest speaker at that meeting.
Mr. Colvin extended a "thank you" to Andy ParypA for his input on
parking issues at the District #1 Neighborhood Meeting. Since that
meeting, he has received comments that the citizens understand the
Mayor's approach to beautifying the City and approve of that, but
some senior citizens believe they will be inconvenienced. One of
the suggestions he received was the possibility of grandfathering
in some of the parking spaces on some of the streets for the senior
citizens. His response to that suggestion was a citizens
committee has been formed to take that issue under consideration
and make recommendations to the City Council. He was told that
somewhere people are given incentives for keeping their property in
good repair and taxed higher if it is in disrepair.
MAYOR'S REPORT
Mayor Lynn Horton commented on the Reader's Digest selection of the
50 best places to raise a family and the fact the City of Bremerton
was selected as #4, which was something many local people already
knew. She extended a special "thank you" to Terrie O'Neill,
Municipal Services Coordinator, for the time she spent escorting
the Reader Digest reporter around showing him the things we think
are the reason we are a good place to live.
Mayor Horton reported she and Council President Farr recently
traveled to Washington D. C., along with Kitsap Transit officials,
where they learned Intermodel Surface Transportation Enhancement
Act ((ISTE) was initiated in 1991, with the proviso that all of the
regions in every state was to prioritize their transportation need
for that time frame, and based on the prioritized list the Federal
Government would pass federal dollars to help pay for the projects.
The good news is Washington State has done very well by that
process, especially Kitsap County. However, many states did not do
as well and now are trying to change the way the ISTE works so that
they go back to line item appropriations or what some people call
"pork barreling". It appears that the current prioritized method
would continue. They also heard that President Clinton will
present his proposal for the ISTE funding. For some reason ferries
across the country have been omitted from being qualified for ISTE
funds. She urged Council and members of the public to write letter
or speak with their Congress members about making ferry priorities
eligible for ISTE funding. The primary event they attended was the
American Public Transit Association Conference, as well as having
an opportunity to talk Congress members about the importance of
public transit to all of our community and what public transit
means as far as the Sinclair Landing project and the fact the
second passenger only boat is important to Transit and Sinclair
Land. She believes all of the legislators are very supportive of
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the efforts in the development of Sinclair Landing. She felt the
trip to Washington D. C., was worth the effort to highlight to the
Congress members why our projects are important and that the boat
dollars will be put to good use.
Mayor Horton read a proclamation recognizing MARCH 20, 1997, to be
the First Annual ABSOLUTELY INCREDIBLE KIDS DAY and declare the
children of Bremerton as ABSOLUTELY INCREDIBLE KIDS. The
Proclamation was accepted by three Camp Fire Boys and Girls -Ashley
Robinson, Beth Hanson, Brandon Hanson.
PUBLIC RECOGNITION
John Thomas, Bremerton resident, reported a situation where the
Bremerton Fire Department answered a 911 call for medical
assistance and not only took care of the patient's medical
emergency but also made sure she had her coat, gloves, purse and
house keys. After the ambulance left with the patient, the Engine
company crew put away the person's perishable groceries, which she
been carrying into her home, turned off the lights and made sure
the house was locked. He views that kind of action as excellence
in customer service.
Del Knauss, Bremerton resident, referenced a recent newspaper
article titled "SLA Up and running alive and well", and questioned
why City Officials were not quoted instead of Mary McClure? He
asked how much of the information provided in the article was known
by the Council and the Mayor? He expects to be told how much money
is going down of public funds, do we really have a deal or are we
just getting a ferry terminal. Since he did not get answers to the
questions he raised at the previous Council meeting, he filled out
Public disclosure Request (PDC) forms posing the same questions
along with a couple others and expects the City to respond within
five days as designated on the PDC form.
Bill Camp, Bremerton resident, pointed out under the Open Meetings
Act requiring names and address is an illegal act and strictly
voluntary. Vice President Neville emphasized Council did not
require that information, just requested it. Mr. Camp expressed
concern that some people are coming before Council with personal
vendettas against City officials and any time Council allows that
to go on unabated and unchecked they are actually taking an action
against an individual, who is being attacked from the podium. He
was also concerned when members of the Council or business people
commercialize and promote their own businesses from the podium
during Public Recognition, which he views as violations of
council's own rule #5. In his opinion, KITZ was the prime offender
and should be asked to stop using Public Recognition to promote
their business.
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7A - MEMBERSHIP IN THE KITSAP REGIONAL COORDINATING COUNCIL AND
RELATED BUDGET ADJUSTMENT, #AB97-052
The Council is requested to approve the City's membership in the
Kitsap Regional Coordinating Council. The cost of membership in
1997 will be $12,792. A budget adjustment to provide for this
expenditure is attached. The administration believes that
membership is in the best interests of the City.
Mayor Lynn Horton stated normally the Administration includes this
kind of cost in the budget for the coming year, but because of the
flux in the Regional Coordinating Council, they were unable to
provide clear direction as to their future organization. This
issue will need to be a mid-year budget adjustment to provide
funding for the organization. Several Council members have served
on the Council and understand the value of the Coordinating Council
to bring cities, County and Tribes together to talk about issues
that affect all of the governments. The Regional Coordinating
Council deals with transportation and planning issues and in the
past worked together administering Block Grant funding and
continues to work with Kitsap County for the distribution of
Federal dollars through the HOME Program, which helps fund new
construction in our communities. In the past, this group was a
only a planning organization, but now has a broader mission. She
also sees this forum as a good place to discuss pubic access
because it impacts the entire county, such as water and sewer
issues, etc. She believes the $12,792 is a good expenditure for
having a forum to deal with issues that cross all of the
jurisdictions; therefore, she urged Council to approve the budget
adjustment and authorize the expenditure as presented.
Public comment - none.
Mr. Overson stated it was his understanding this organization also
works with emergency management and health issues for the county.
MaYor Horton stated yes, emergency management is worked through
CENCOM, which is one of the boards that meets monthly under the
Coordinating Council's Agenda, and the Health District addresses
health issues county-wide. Mr. Overson asked if the budgeted
amount was new? Mayor Hotton stated yes, prior years were funded
out of State dollars under Growth Management. Now that the State
funding is no longer available, it was felt the function had not
gone away and the scope was broadened. Mr. Overson asked if all
members were paying the same amount or was it prorated? Mayor
Horton explained the fee is prorated based on assessed valuation
and population.
Mr. Colvin questioned the value the City would receive from the
requested funding. Mayor Horton pointed out over the majority of
the past year the Coordinating Council had no staffing and limped
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along with the help of Councilman Huff-Menees and some help from
the County's Block Grant funds and support staff, but it was not an
adequate way to staff an important function.
Mr. Law stated having served on that committee, he could appreciate
its need and found it was one of the only places at times to make
the various cities and county come together and discuss issues.
Mr. McConnell questioned the disbursement of the money collected?
Mayor Hotton explained it would be used primarily for staffing,
postage and several tasks that had been identified. One of the
outstanding tasks deals with Urban Area Agreements.
#0899 M/S/C/U(Montgomery/Colvin) to approve the proposed membership in
the Kitsap Regional Coordinating Council.
#0925 M/S/C/U(Montgomery/Colvin) to approve Budget Adjustment Request No.
97-4.
7B - BID AWARD FOR CALLOW AVENUE BASIN PRIORITY, PHASE 2 STORM
DRAINAGE SEPARATION, #AB97-053
Bids were opened for Callow Avenue Basin Priority 1, Phase 2 Storm
Drainage Separation Project on March 6, 1997. Six bids for this
project were received. The low bid from Thomco Construction, Inc.
was $4,814,505. The engineer's estimate for this project was
$4,650,000. The action before the City Council is approval of a
contract with Thomco Construction, Inc. for Callow Avenue Basin
Priority 1, Phase 2 Storm Drainage Separation Project.
Tim Richard, Senior Engineer, stated this is the next project
continuing the water/sewer separation program. The first phase of
this project was the construction of the main trunk line portion
through the PSNS expansion area. Phase 2 will complete that
project to provide a main trunk stor~ sewer for the Callow Avenue
basis and includes two sites: (1) south site is the area from the
Missouri light were an outfall will be constructed - SR304,
Cambrian and approximately Callow Avenue and Farrigut Avenue. (2)
The north site is Montgomery Avenue from 1st Street up to 6th
Street and will include a section in Burwell Street from Callow
Avenue to Montgomery. This will complete Priority 1 and from there
the project will move on to the separation of the smaller parts of
the basin.
Six bids were received with Thomco construction, Inc., being the
low bidder at 4.8 million. The budget for this project is 5.344
million and is funded through low interest and no interest loans
through the State Centennial Clean Water Fund and Public Works
Trust Fund. The City has not worked with this contractor
previously; however 10 references were checked and all of them were
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very favorable on the quality of the contractor's work and that
they were good to work with. It was noted the contractor had
limited amounts of large pipe experience and the references were
asked if they felt Thomco Construction Inc., could handle the
larger pipes and there response was yes. The only concern
expressed by some of the references was in Thomco's scheduling and
completing projects on time. Mr. Richard pointed out there are
limited working days in the contract with liquidated damages
available and they were required to provide a Performance Bond to
insure that the project is completed.
John Thomas, Bremerton resident, asked if the contractor is
required to pay prevailing wages for this area? Mr. Richard states
yes, this contract, as with all public works contracts, requires
contractors to pay prevailing wages and file their intent to pay
prevailing wages at the beginning of construction and to submit
that data for all sub-contractors. At the close out of the
project, the contractor is required to provide an Affidavit of
Wages Paid, which is submit by them to the Department Of Labor And
Industries to verify that fact prior to the project being closed
out by the City and their retainage released.
Mr. Winters asked if the city had received the Performance Bond and
Insurance items? Mr. Richard stated no, the contractor is not
required to submit those documents until the contract is awarded to
them by the City Council. Following award of the bid, the
contractor has 10 days to submit the signed contracts, show payment
for a performance Bond, and provide a Certificate of Insurance to
the City. Mr. Winters questioned the strengths and weaknesses of
this particular contractor? Mr. Richard stated all of the
references contacted indicated the contractor provided highquality
work, were easy to work with, and the weakness noted was problems
with scheduling the work.
Mr. Overson noted this contractor will be dealing with the largest
business in the City, Puget Sound Naval Shipyard, and he was
sensitive that this contractor overcome some their challenge with
scheduling and completion. He wanted to make sure PSNS was kept
happy through non-interference of this project. He asked if the
City would be managing this project? Mr. Riohard stated yes, the
day-to-day project management would be handled by Bob Earl and Mr.
Richard would be the over all manager. He noted City staff has
worked with PSNS personnel during the construction of Phase 1 and
during the design of Phase 2 to coordinate all of the sensitive
issues.
#1198 M/S/C/U(Montgomery/Winters) to approve a contract for $4,814,505
with Thomco Construction, Inc. for Callow Avenue Basin Priority 1,
Phase 2 Storm Drainage Separation Project, and authorize the Mayor
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to execute the same.
7C - BID AWARD TO OLSEN'S LAND DEVELOPMENT, INC. FOR PUMP STATION
CE-1 SANITARY SEWER MAIN REPLACEMENT, #AB97-054
Bids were opened for Pump Station CE-1 Sanitary Sewer Main
Replacement Project on February 13, 1997. One bid for this project
was received. The bid from Olsen's Land Development, Inc. was
$42,602.21. The engineer's estimate for this project was $29,950.
Replacement of this sanitary sewer main will remove a restriction
that has contributed to combined sewer overflows at this site. The
action before the City Council is approval of a contract with
Olsen's Land Development,. Inc. for Pump Station CE-1 Sanitary Sewer
Main Replacement Project.
Tim Richard, Senior Engineer, stated this project is to replace a
section of sewer main just outside of the main pump station CE-1,
which carries all of the eastside sanitary flows as well as the
entire Warren Avenue basin. A problem was found where a pipe was
restricting the flow into the pump station from the Warren Avenue
basin and creating overflows at the CSO site that should not be
occurring. The pipe is both improper in size and in grade. This
project will involve digging out and replacing that pipe, which is
a difficult project and will require the to contractor core through
the wall (about 2-feet thick) of the pump station from inside the
wetwell. Workers will be required to work in an area with chemical
piping and vaults and they will actually have to dig under the
stairwells of the pump station. There is also an emergency
overflow pipe above the subject pipe that needs to be replaced.
Bids were solicited from five different contractors through the
City's Small Work Roster and only one was submitted. An error in
the Engineer's estimate was discovered after the bid was opened and
should have been approximately $35,000 instead of $30,000. The
contractor's price for doing the work is higher than anticipated
and he believed it had a lot to do with the difficulty in working
in that very confined area and the risk involved for the
contractor.
Funding for this project will come out of the City's Substandard
Sewer Main Fund, which is used annually for projects that need
immediate attention and has a balance of $220,000.
The contractor has been used on a number of other City projects and
they have always performed very well in their quality of work and
coordination.
Public comment - none.
Mr. Winters expressed concern that only one bid was received and
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asked if the City received a response from the other four
contractors as to why they didn't bid? Mr. Richard stated no one
responded in such a manner. He believed it may have been the
difficulty of the job that kept them from submitting a proposal.
Mr. Colvin asked in the event of a cost overrun is there a
percentage basis to fall back on? Mr. Richard explained this
project is for a lump sum bid. Mr. Celvin asked if that meant
there would not be the possibility of amendments to the contract
later into the project? Mr. Richard stated there is no possibility
of running any quantities and the only reason a change order would
be required is if they found some unknown condition underground
that was unknown to the City.
Mr. Neville questioned since this project does take place in his
District and is close to his home, will there be any risk to the
residents, such as odor or chemicals? Mr. Richard stated no, the
risk to the contractor is damaging some of the structures or
piping. The City will secure the piping during construction so
that a break does not occur or chemicals spilled. The chemicals he
referenced are used in the odor control facility and the only
possibility might if the odor control has to be shut down there
offensive odors might be emitted. He is hopeful the work can be
completed within the next couple of months since that is the time
when odors are minimal from that location. Mr. Neville questioned
why this problem was not recognized when the extensive work was
done in the Warren Avenue basin? Mr. Richard explained the
engineers that designed that project, both preliminary and final
design, picked up on it. Mr. Neville asked if this "fix" will take
us well into the next century? Mr. Richard stated yes, he does not
anticipate any more work for the Warren Avenue basin.
Mr. Montgomery stated he was very familiar with the subject pump
station and could appreciate why no one wanted to bid on the
project. He asked if the City's Safety Officer will be present
during the construction work? Mr. Richard stated the Safety
Officer tries to visit the sites; however, he does not have that
responsibility on this project. The contractor is responsible for
the trench safety and all other safety.
#1518 M/S/C/U(Montgomery/Colvin) to approve a contract for $42,602.21
with Olsen's Land Development, Inc. for Pump Station CE-1 Sanitary
Sewer Main Replacement Project, and authorize the Mayor to execute
the same.
8A - RESOLUTION NO. 2589, AUTHORIZING THE ESTABLISHMENT OF A HEALTH
CARE REIMBURSEMENT ACCOUNT AND A DEPENDENT CARE REIMBURSEMENT
ACCOUNT, #AB97-055
Under IRS regulations, an employer may establish a "Reimbursement
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Account" program. This allows an employee to set aside, through
payroll deduction, a portion of his or her salary on a pre-tax
basis, that can be used to reimburse certain dependent care and/or
health care expenses.
he Insurance Benefits Committee is recommending this as part of a
package of voluntary plans to be made available to employees.
These plans will be paid for by the employee participating.
Jim Meith, Human resources Manager, stated the Insurance Benefit
Committee was formed about 11/2 years ago and is comprised of all
represented Unions, non-represented Management/Professional group,
Mayor's representative, Human Resources Department representative
and Administrative Services representative. That committee
undertook a complete look at all the City's insurance programs and
what might be desirable in the future. The process was two phases:
the first phase was basically those programs that the City funds,
dental and medical programs, which resulted in the RFP's going out
in the summer of 1996, and in turn resulted in a competitive
process that actually contributed to a reduction in the city's
insurance premium for 1997. The second phase was dealing with some
concerns and interest employees had brought to the committee
through their representative or directly to the Human Resources
Department, which included voluntary programs. That package is now
being considered and part of it is the Reimbursement Accounts. The
Committee is also studying the possibility of offering voluntary
Life Insurance to employees and will be implementing the voluntary
Disability Insurance Program in a few months. All of these
programs are paid for by the employees and the only involvement of
the City is through payroll deduction.
The Internal Revenue Service provisions provide for a 125-plan that
allows employees to set aside some of their money for specifically
health purposes or for dependent care. The employees interested in
the health care program are interested mostly for orthodontics
treatment for themselves or their children, and the purchase of eye
glasses. Basically, the employees determines how much money they
want to set aside in this account and the plan year for this
account is April 1, 1997 through March 31, 1998. Information
meetings on this proposal are scheduled throughout the month of
March and it will be made clear to the employees that the plans are
voluntary and under the IRS regulations if an employee does not use
the amount they designate for that year, that amount is forfeited.
Employees will be encouraged to be conservative the first year of
their involvement so that they can get a feel for what their needs
will be over the period of a year. There are provisions, under the
regulations, where changes can be made for what are called "life
style changes" i.e., divorce, death in the family, birth or
adoption of a child, loss of employment, where money can be taken
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back out of the account or to increase the amount depending on the
circumstances.
Pubic comment - none.
Mr. McConnell asked if the employees have been informed that this
proposal will be coming up? Mr. Meith stated yes. Mr. McConnell
asked where will the money go if forfeited by the employees? M:.
Meith explained forfeited funds would go back into the Employee
Medical Reserve Fund. It was the feeling of the Insurance Benefits
Committee that would keep it in the area of employee benefits and
available for employee use. Mr. McConnell asked if the IRS
suggested where forfeited funds should go? Mr. Meith stated no,
just that it can not go back to the client.
Mr. Montgomery asked if the employees would be required to sign a
statement acknowledging they understand the forfeiture requirement?
Mr. Meith explained the enrollment form contains a statement that
any unused amounts remaining in the reimbursement account(s) at the
end of the plan year will be forfeited.
#1842 M/S/C/U(Montgomery/Colvin) to adopt Resolution No. 2589,
authorizing the establishment of a Health Care Reimbursement
Account and a Dependent Care Reimbursement Account in accordance
with applicable Internal Revenue Code requirements.
8B - RESOLUTION #2590 ENDORSING THE HOME PORTING OF A THIRD NIMITZ-
CLASS CARRIER AT PUGET 80UND NAVAL SHIPYARD, #AB97-056
The administration is seeking the City Council's endorsement of the
Department of the navy proposal to place a third Nimitz-class
carrier at the Puget Sound Naval Shipyard.
Mayor Lynn Horton stated the Department of Navy is reviewing where
they will place the third Nimitz-class carrier. At this point, it
is in Everett, but there is discussion that could mean the USS
Lincoln could be homeported in the City of Bremerton. She, Council
President Farr and Councilman Law met with Navy officials for
approximately two hours to discuss issues of interest to the City
and the Navy. She believes this goes beyond the Environmental
Impact Statement issues and is whether or not we, as the community,
support homepotting of the third aircraft carrier. She believes
the positives out weigh the negatives and things that impact the
community can be minimized and the positives can be maximized. She
urged Council to adopt the Resolution.
Bert Geaner, Bremerton resident and Board member of the Puget Sound
Naval Base Association (PSNBA), stated the PSNBA's mission since
the mid 1940s has been to provide support to the Naval bases of
Kitsap County. He then gave a brief rundown of the membership of
the PSNBA. In the past, PSNBA has taken on tough issues such as 50-
40 split of the depot maintenance and privatization of depots, base
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closure commission issues, and worked with Congressman Norm Dicks
on successfully resolving the issues relating to the spent fuel in
Idaho. Now, we are facing a potential threat not only to the
continued operations of the Naval bases in the area, but also a
threat to the economic stability of the community. This relates to
the homepotting decisions the Navy has to make regarding nuclear
carriers. Our community has had an opportunity in the past to
address and testify to the Navy officials on the impact of
homeporting of the USS Abraham Lincoln at PSNS. He read the letter
that PSNBA submitted on behalf and in support of the community to
homeport the aircraft carrier in Bremerton. The PSNBA supports the
proposed resolution and the homeporting of the USS Abraham Lincoln.
Jim Adrian, Bremerton resident and representing IAPT Local 12
(local labor organization that represents 1,500 white collar
workers at PSNS) read a letter that the IAPT Local 12 submitted in
support of the homeporting of the USS Abraham Lincoln in Bremerton.
He pointed out this does not only have to do with re-homeporting
the Lincoln today or within the next couple of years, but the whole
scope of the hearing deals with where the Navy will ultimately base
five nuclear carriers through the year 2004. It is a good
possibility that 1, 2 or 3 carriers could be located in San Diego.
The Navy is currently developing a nuclear repair facilities in San
Diego and as the Navy continues to downside across the country,
competition for these ships, the families and the incomes they
provide to the community is intense. He believes it makes sense
that the Lincoln and another carrier come to Bremerton; however,
these decisions become politically charged, i.e. Congressmen get
involved, jobs are at stake, public protests are staged. The
Senator from Hawaii is very powerful and making a bid for the
Lincoln, but it does not make business sense for that carrier to be
based in Hawaii. However, if there is a political decision made as
opposed to a business decision, we could be "high and dry". We
can't assume it is a done deal and we need to continue aggressively
proactively engaging the Navy at every opportunity through such
organizations as Navy League, PSNBA, Unions, City Officials,
Congressional members, etc. He did not see the homeporting of the
Lincoln creating new jobs, but if it slows down the rate of jobs
being lost and there aren't any more riffs or early outs, that is
progress.
Bill Camp, Bremerton resident, reminded Council that a homeported
ship in Bremerton does not carry a guaranty that the repair work
for that ship will be performed in PSNS and in many instances is
performed by a private contractor. He noted when a private
contractor performs the work it does not always mean an economic
boom for this area. He had an opportunity to sit in with the
Rental Owners Association meeting where Mayor Horton was promoting
the criminal background check ordinance, which was passed by the
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City Council, and part of her thrust was that the military had a
policy and order the sailors to not rent, buy or lease property in
the City of Bremerton on the basis that the crime was so bad. He
emphasized before considering homeporting another carrier in
Bremerton, he wanted to know if the Navy had changed its posture
and issued a declaration of change of policy to allow sailors to
rent, lease, buy property in the City. Secondly, when you bring in
several thousand sailors, considering the vast amount of
legislation Council has passed in the past couple of months, it
would be incumbent upon the Commanding Officer of that vessel to
pass along to the sailors that criminal background checks could be
made for any sailors thatmay wish to live in the City and if there
is any problem with the law they will be evicted. He also believed
they should be apprised of the City's legislation that addresses
"tall grass".
Roy McInnis, Bremerton resident, stated being retired military he
would not whole heartily say he was against anything that is being
proposed; however, he was concerned about bringing a third carrier
into Bremerton. He echoed some of Mr. Camp's comments. He asked
is this something we just look at as far as having economic income
or is it something that has been thought out on what the impact
would be if the third carrier was homeported in Bremerton? He
asked if the City though about what would happen if there was a big
build up of military in this area and then five years later the
Navy changed its mind to send the Lincoln back to Everett? He is
not concerned for himself, but is concerned about his children and
grandchildren and the affect it will have on the Bremerton
community in future years. He was not comfortable about
integrating more people coming from varying backgrounds into this
community.
Mr. Adrian stated for clarification that if you read the scoping
statement relative to the environmental assessment we are not
talking about a third carrier coming and no one leaving. We are
talking about three non-nuclear ships - Rainier, Camden and one
other that may go to Everett. We are talking about a net increase
of population in Bremerton of 400-700 people. The carrier
contingent that typically comes is about 3,000-3,400 people. The
scenario would be that the three other ships would go to Everett.
PSNS does not do repair work on non-nuclear ships, which is
performed by Todd Shipyard. PSNS is the only shipyard on the west
coast that does nuclear repair work, so it is logical that the
nuclear ship be based in Bremerton.
Mr. Overson questioned the potential for work load growth? Mr.
Adrian stated it was hard to say. Mr. Overson stated he did not
believe PSNS would hire a lot of people with the potential of that
going away some day. Mr. Adrian agreed with Mr. Overson and
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pointed out the Navy made a decision to strategically locate in
Puget Sound, San Diego and Pearl Harbor areas. The conventional
wisdom is that will be in place for 20-30 years.
Mayor Horton stated the City has drafted input into the
Environmental Impact Statement and that mission was not taken
lightly. Police Chief Paul Du Fresne reviewed crime statistics and
correlated those statistics with ships in port. That review
revealed there was no correlation, we cannot show that crime
statistic increase when a ship comes into port. She believes the
perception of a lot of people is the Navy in the 1997 era is the
same as it was in 1947, and the fact is it is light years from the
1940's Navy. Today's Navy is highly skilled, trained and many of
them have degrees and advanced degrees; and they become part of our
community as homeowners, volunteers, youth sport coaches, etc. To
clarify the statement made by Mr. Camps regarding "housing", she
did follow up on a comment having to do with the availability of a
house for rent in Bremerton and the issues was not crime, but
rather the cost of living. In talking to the head of Navy housing
at Bangor, because they have thousands and thousands of homes that
are on the housing listing for Navy personnel, they ask the person
seeking housing what area they are interested in locating and
then provide them with the pertinent data. The Housing Manager
felt that particular circumstance could have been miscommunications
and that she would talk with her staff so that would not be the
case in the future. Currently, there is adequate infrastructure in
PSNS as well in the City that easily accommodates ships going in
and out. Clearly, there are things that the City feels is
important just by the Navy presence, but we can't say that because
of a new ship coming in it will cause heartburn in any one
direction, it is a broader issue of Navy impact totally in the
community.
On a recent trip to Washington D.C., Mayor Horton and County
Commissioner Chris Endresen talked with Congressmen and their staff
about transportation needs. Commissioner Endresen pointed out,
during those discussions, that because of the Lincoln going to
Everett the ferry system is experiencing about a 160 vehicle back
up on the Kingston Ferry. Based on that fact, Mayor Horton
believes that situation will not go away even if the Lincoln
continues to be homeported in Everett because more affordable
housing is available in Kitsap County than anywhere along the I-5
corridor. When looking at this issue, the city did not just say
yes, it is good for economics. The City has to provide services to
the community whether or not there is a ship in port; therefore
close analysis was made as to the impact, which was articulated
clearly to the Navy. There is no one issue that stands out that
has a huge impact on our community, if a carrier is brought into
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the community and in the aggregate there is nothing to cause any
alarm to say we should not be doing this. She believe very firmly
that the positives far out weigh the negative fact that may come as
a result of this, i.e. jobs, economic input into the community and
in terms of having people in our community and schools.
TAPE #1448
Mr. Law stated he was amazed that there would be any negative
comments on this issue. He recalled not too many years ago San
Franciso voted to not homeport the USS Missouri and as his
grandmother always said ',you never go where you are not wanted".
The Navy is a reflection of our own society and sailors come from
our communities throughout the nation and reflect that society. We
in Kitsap County have been lucky because we seem to get the best of
the Navy. He could not see why we shouldn't be happy to have the
opportunity to tell the Navy we want them in Bremerton.
Mr. Overson complimented the author of the resolution on its being
well articulated. Mayor morton stated the compliment goes to
Terrie O'Neill, Municipal Services Coordinator.
Mr. Montgomery stated he spent 26 years in the Navy, was in 5
shipyards and 20+ years ago worked on this same problem. One of
the things about putting a nuclear aircraft carrier close to an
overhaul facility is that it saves the taxpayers lots of money
rather than bringing it and all the dependents long distances to
the new location. He believes everyone benefits when aircraft
carriers are placed in Bremerton. However, no matter how
economically sound, we still have to contend with the politicians
in Washington, D.C., and they don't always look at the savings to
the military. He emphasized if three aircraft carriers are
homeported in PSNS not all three would be in port at the same time
because one is always deployed, one working up and one maybe in
overhaul or coming down. However, the dependents would remain in
the local area. He agreed with Mayor Horton that military
personnel bring a wealth of skills and knowledge to this area.
Mr. Winters stated he never served in the military, but he is proud
to be from a miliary town. His father worked 30+ years in PSNS and
served the shipyard from the shore as a boilermaker. From the
outside looking in, his father is disappointed, in his years of
retirement, that what Mr. Camp stated is very true and what Mr.
Adrian stated is very true, the contracting of labor has decreased
the number of jobs for local employees. We have to deal with
change, but we have to welcome with open arms any source of
economic development i.e., military, telecommunications,
improvements, uses of the Port, etc.. We have a projection of
20,000 more people into the City by the year 2002. Some people
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support lower density, he supports higher density and he also
believes housing should be improved. He pointed out in 1990 the
city was named "The Most Liveable City in America", which brought
a lot of people to this area. As of today, there are 5,000
properties for sale in Kitsap County and 130 vacant properties
under $90,000. Based on that data, he believes this community can
handle another ship and influx of population.
Mr. McConnell stated he served 21 years in the Navy in the Oakland
area and a tour of duty in Bremerton. On behalf of the crew of the
third carrier, he will support this resolution.
#0293 M/S/C/U(Colvin/McConnell) to pass Resolution #2590 endorsing the
home porting of a third NIMITZ-CLASS aircraft carrier in the Puget
Sound Naval shipyard (P.S.N.S.) of Bremerton, Washington.
9A - ORDINANCE NO. 4590 (SECOND READING) PROHIBITING BROADCAST
FEEDING OF BIRDS AND ANIMALS, #AB97-043
Deputy City Clerk Paula Johnston read the following letters into
the record: "I am the past President of Kitsap Audubon Society and
like many of the 700 members of that organization, I feed wild
birds in my yard. An ordinance prohibiting the feeding of birds or
other wildlife in such a way as to create a public nuisance is
needed and would receive my support. Some examples of the kind of
feeding that creates problems are the broadcasting or feeding on
open platform feeders stale bread, popcorn, seed mixtures and the
like, which attract mob feeding by European Rock Doves (city
pigeons), crows, gulls, and a few other birds. They land on
surrounding buildings, wires, trees, and the like and defecate.
The droppings can be unpleasant, damaging to structures, vehicles,
and plants and even pose a health hazard to people. Some may also
create unwanted noise and the uneaten food can attract rats.
Responsible bird feeders go to great lengths to prevent such
problems by screening feeders with wire netting to allow song birds
to feed while keeping out larger birds such as pigeons and crows.
The use of catch trays under feeders keep food off the ground.
Ground feeding is useful for some song birds, but must be done out
of view of nuisance birds. It should be noted that not every
gathering of birds is a negative or artificial event. European
Starlings on your lawn are eating the larvae of European Crane
flies that can damage lawns. The large number of widgeon (a kind
of duck) that gather on the grass at Lions Field and elsewhere eat
only grass, do not respond to feeding and are here only in the
winter. so, they mow and fertilize the grass at a time when it is
little used by humans! I have discussed the above information with
John McDonald the current President of Kitsap Audubon Society and
we are in agreement as to its validity. P.S. I would be willing
to do a bird feeding class if there is enough interest. Signed
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Ivan A. Summers, 3019 Sanders Avenue, Bremerton, WA 98310."
"As I was scanning channels on Thursday afternoon I stopped on
Channel 12 to listen in on Wednesday evening's City Council
meeting. To my surprise, my neighbor Fannie Begleau, 1523 6th
Street, was speaking on the subject of pigeons and the feeding of
these other critters. I can count on the sea gulls, pigeons, crows
and starlings descending on the neighborhood every morning. I have
lived here since February of 1991 and Fannie has been ever so
faithful in the feeding of birds, stray cats, stray dogs and any
other critter that wanders into her yard - my cat included. she
even allows stray cats into her home during the day to "visit" and
is upset when they won't go away at night. She, by the way has two
cats of her own. I believe she stated that she is ever so
meticulous about cleaning her yard and outside her home so there is
no debris from her feeding of animals and birds. What she does not
say is that the sidewalk in front of our homes shows the stains of
bird droppings where they sit on the overhead lines, the bread that
covers her yard and is scattered by the birds when they fight over
the food. Then there is the sound of sea gulls tromping across the
roof trying to take flight or eat what they just took from the
yard. There are days when you cannot see Fannie's yard for the
birds that have landed to eat. Her lot is small and it does not
take long for the birds to spill over into the adjoining yards.
Then there are the days she puts out extra food and it lays there
for hours before it is cleaned up by whatever passes through. She
doesn't think about the unwanted guests (i.e. rats, mice and
insects) that appear in the night to eat the food she kindly sets
out for that particular car or dog she considers a stray.
Springtime brings an abundance of mice that have nested close by.
The free food is more than they can turn down. My cat brings me
little mice with such pride! I'm getting to be quite a mouser
myself because he brings them in live so he can share with me and
we can play together. Star of the Sea School is being erected
adjacent to my property. The roof of the new school building was
alive with sea gulls and pigeons this winter just waiting for
Fannie to appear with their morning feast. There may be no mess in
her yard but there is in ours. There are days when she broadcasts
up to three loaves of bread to feed all the birds and that's a lot
for the birds to digest and dispose of. There is not a day gone by
that we have not had to wash bird droppings from our porches and
cars. Can you tell how tired I am of the mess and noise? With a
school's paved playground a stone's throw away from the pigeons and
other birds I would think there is also a health issue involved.
Putting out bird feeders to attract and feed small birds is one
thing, covering your yard with bread and bird seed is overkill. I
own a cat so I don't feed the birds. It's too tempting and he is
a real hunter. If Fannie and others like her want to feed their
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Page 17 of 23
dear little friends, let then do so in a more conservative fashion
with a feeder that restricts the size, number and type of animals
that are attracted. I support any ordinance that would limit the
broadcasting of feed. Not only will it help cut back on the
overwhelming gatherings of birds, but it will also discourage
unwelcome "guests" I mentioned earlier. signed Sylvia M. Wilson,
1521 6th Street, Bremerton, WA 98337."
Mayor Horton stated the input given on this issue, at the time of
first reading of the ordinance, was taken into consideration and
turned the focus of the ordinance on the public nuisance created by
volumes of birds/animals and not those people that want to feed
birds using small feeders or putting out food when there is snow on
the ground and they cannot find food themselves. Also included
were any domestic or wild animals, as well as birds, because it was
pointed out stray cats were also a problem. Another point of
clarification was that it constituted a civil infraction, not a
criminal infraction. Over the past two weeks numerous calls were
received by her Office stating that they too had experienced the
same kind of problems in various neighborhoods. She urged
Council's support of the ordinance on second reading.
Bill Camp, Bremerton resident, expressed concern about how far the
City can reach in and direct lives of property owners. Previously,
comments were made that large flocks of birds are a problem in
other cities across the country as well as in Puget Sound Naval
shipyard (PSNS). Based on his information, PSNS does not have a
problem because they have kill pigeons over the past five years.
He agreed with Mr. Dickerson, a previous speaker on this issue,
that it is more appropriate for the Courts to settle disputes
arising from neighborhood disputes. In his opinion, this action
looked like election year politics.
Andy Parypa, Bremerton resident, made the following prepared
statement: "It is my opinion, as stated in my response to the
Mayor, that passing ordinances and the codification of such costs
the taxpayers money. for that reason, since this, if passed, will
require recodification, the entire original B.M.C. 7.08 should be
cleaned up. This version has an added amendment that extends
beyond bird feeding, therefore, it is legitimate to speak to
subjects that tie into Section 1. Amendment.
Subsection (h), in part states "Violation of this section shall be
a misdemeanor." The word "section" is incorrect as (h) is a
subsection the word "secton" should read subsection.
By the proposed amendment, all subsections of 7.08.100 are civil
infractions except for subsection (h). I have a problem with
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subsection (b) Diseased Animals and (g) Threatening Pedestrians.
In my opinion, to own an animal with an infectious or contagious
disease and to allow that animal to run at large, come into contact
with other animals or to drink at any public or common watering
trough or steam should be a misdemeanor. (Humans can be infected
by such animals). Even though the infected animal is being treated
by a veterinarian, until it is declared contagious free, it should
not be allowed to run at large. subsection (g) is also
questionable to be classified a civil infraction. It reads: "To
cause, permit, or allow any animal to snap at, jump upon, or
otherwise threaten persons using the public sidewalks, streets,
alleys or other public ways." Causing an animal to jump on, or snap
at a person could very well be a danger to the dogs life.
Section 7.08.010 and 7.08.050 have requirements, but are not
classified as to what the results are if disregarded. That is not
specified until Section 7.08.100 by the proposal and refers only to
Following Acts, not Preceding Acts.
There are sections that refer to misdemeanors or civil infractions.
Where in the B.M.C. does it indicate the penalty for the violation?
As an example, look at Chapter 6.28, UNIFORM LITTER CONTROL CODE.
Note 6.28.170 PENALTIES.
Regarding the addition of (m)(2): If a person attends a function
in Aberdeen and will be gone for 12 hours, must he return within
four hours to assure all the food has been eaten and again return
to the family function in Aberdeen? Councilman Colvin, you were
correct, it was "for the birds" last week and adding (m)(2) puts it
into a category I will not describe in public.
Feeding of stray cats and dogs should not be allowed. Instead of
feeding them, Animal Control should be called. How does the person
know if they are infected or have a contagious disease?"
Ian Sievers, City Attorney, stated Mr. Parypa focuses on the
criminal penalties, which was a question raised at the first
reading of the ordinance. As Mr. Parypa pointed out, most of the
B.M.C. chapters have a penalty section that applies to that
chapter; however, when he checked the Animal Control Chapter he
found it was not typical and some sections called for infractions
and other called for misdemeanors. The particular chapter where he
proposed to insert the subject ordinance was silent on the penalty,
but did list a lot of nuisances that were prohibited. With the
exception of Section 8, which said that will be a misdemeanor,
clearly that is the worst offense among the list of nuisances, i.e.
biting, chasing, attacking, as a misdemeanor. It was his
interpretation that probably the intent was to make the rest lesser
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offenses and infractions-since those other chapters under Animal
Control call for infractions. Therefore, the change he made today
was a necessary change to the ordinance, he couldn't come back and
tell Council want it was, but he had to create some penalties for
this bird ordinance. At the same time, he clarified penalties for
the rest of those sections. Mr. Parypa's point is that he believes
there are some other sections that need clarifying and that the
penalties should be misdemeanors rather than infractions. There is
a general provision in the B.M.C. declaring what penalties are when
an infraction or misdemeanor is called out. In his opinion, that
penalty schedule did not have to be repeated every time a penalty
was included in an ordinance. He met with Deborah Goodell, Animal
Control Supervisor, on the redraft of this ordinance, particularly
on the subject of how she felt the penalty scheme should be for
this one section. He indicated to her he was making them all an
infraction, except for the one that is already called out as a
misdemeanor, which is allowed to continue under the language of the
ordinance, and she did not have any problem with that scheme. In
regard to Mr. Parypa's point on excess food remaining on the
property, exposed and allowing access to it, he selected the 4-hour
time frame and Ms. Goodell supported his recommendation.
Larry Dickerson, Bremerton resident, stated as Mr. Overson pointed
out this is no longer an issue of broadcast feeding. He conducted
some experiments placing bird feed in various size pans, which drew
just as many sea gulls, starlings, and crows as if it had been
broadcast. He questioned how many separate complaints from
separate people had the City received regarding this issue? Mayor
Horton stated about a dozen people had contacted her office. Mr.
Dickerson questioned the appropriateness of creating an ordinance
on 12 complaints? Six months ago a group of ladies came before the
City council from the 1000 block of 4th and 5th Streets asking the
City to correct the crime in their neighborhood. What resulted was
their taking charge of the situation by organizing a Block Watch
program and did it for themselves. He also agreed that
neighborhood disputes could be resolved through the Courts or
Dispute Resolution Service. He urged the Council to vote no.
Elizabeth Buell, Bremerton resident, asked if the ordinance would
prevent her from tearing up bread and throwing it on her front lawn
for the birds to eat?
Diane Killam, Bremerton resident, stated her concern is with the
congestion of birds over her property. Because of her neighbor's
practice of feeding birds, she has bird droppings all over her
property, which increases the chance for disease. Lawns and plants
cannot be washed off like slabs of cement and she faces an on going
problem. The City has other ordinances for people that are there
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because they have abused the system, they have rights and they let
them go.
Mr. Parypa stated he was not against the subject ordinance in
general, but when we're going to clean it up, lets clean it all up
at once. Mr. Sievers stated the definition of an infraction and
misdemeanor was listed in the Administrative section of the B.M.C..
He asked how does the average person know to look up Section 1.2
when the issue is identified in Section 7.08. Mr. Sievers stated
the practice of not repeating those penalty sections where it is a
standard penalty has been the way the code has been handled. In
the chapter dealing with Animal Control there aren't sections
outlining the penalty, but rather calls out if it is a misdemeanor
or infraction. Mr. Parypa also raised the issue about cleaning up
the whole chapter because of the cost of codification. As of now,
the City has the B.M.C. on computer disk, which allows the City to
make changes at a very low cost. The City is not doing
codification more frequently than quarterly. Also, Ms. Goodell
indicated she had some other changes she would like to see made to
the Animal Control chapter.
Mr. Colvin expressed concern that initially the ordinance addressed
the feeding of birds and now wild animals were included. Mr.
Sievers stated it is in a sense a new topic in that criminal
penalties are being assigned to the other nuisances in the section
that was amended. This bird nuisance would have a penalty. ME.
Colvln asked Mr. Sievers if he would advise cleaning up the chapter
as suggested by Mr. Parypa? Mr. Sievers stated he did not believe
there was a need to go into entirely new sections of the ordinance
since Ms. Goodell wants to address additional changes at a later
time.
Mr. Overson stated he agreed with people who are concerned that
government should stay out of houses and not be encroaching on
people's lives. He also agrees that some thing is needed to
address the concerns identified and the proposed ordinance does
that without getting into people's lives and appears to be
enforceable. He did not want to make other changes other than what
is proposed in the ordinance.
Mr. McConnell questioned how does one prevent starlings from coming
down into yards to eat the larvae, worms, etc.? He questioned what
is meant by "such times" as it is stated: "to feed outdoor at such
times"? And, what numbers create a nuisance and who determines
what is unreasonable? He views this ordinance as being one that
would be thrown out of Court by a Judge due to its being ambiguous.
He also raised a point about a conflict between the 4-hour limit
leaving food in the yard and the proper caring for pets when left
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outside. Mr. Sievers stated what has been done is to move away
from a prohibition of a specific kind of behavior. Some of the
suggestions for changes, at first reading of the ordinance, were
don't unduly restrict what a person is doing, only restrict the
impact on the neighbors. The focus is now on the performance
standard and that performance being you can't do it in a manner or
at a time or in such quantities that it creates an impact. That is
a more vague standard and very similar to the City's nuisance noise
standard, which reads almost the same way. It has been found to
not be unconstitutional, so it is a reasonable person standard.
The way it would be enforce is also similar to that section of the
Noise Ordinance. If a person does not know that a large gathering
of birds are making a noise that disturbs the surrounding property
owner, they would probably just be warned, but if they persist in
the routine of feeding at the same time each day so that it
attracts large numbers of birds that create noise and produce
droppings, they will be cited for an infraction. Mr. McConnell
expressed concerned that the proposed ordinance would put him in
violation since he has bird feeders that trickle down as the birds
eat the food. He needed clarification about food remaining uneaten
for a specific period of time. He could not support the ordinance
as written. Mr. 8ievers stated he doubted the Animal Control
people wanted large bird feeders filled with a week's supply of
food left out because it does attract the strays and rodents.
Mr. Law reported he received 11 telephone calls from concerned
citizens citing specific areas within District #3 that are problem
areas and at least six constituents stopped him in stores and on
the street to encourage him to support stricter regulations on bird
feeding.
Mr. Winters reported several constituents also contacted him and
the most interesting one was from Jack Lefcoski, who feels people
should be restricted from feeding ducks at Kitsap Lake. Mr.
Lefcoski was most concerned about the ducks defecating in the lake
which impacts the weed problem. In reference to the section stating
it would be a violation if food is left out and uneaten for four
hours or more, he felt he would be in violation when his two cherry
trees, two plum tress and an apple tree were bearing fruit, because
he did not pick up the fallen fruit every day.
#2039 M/S/C(Montgomery/Overson) to pass Ordinance No. 4590, on second
reading, prohibiting outdoor feeding of birds or animals, and
amending BMC 7.08.100.
Mr. Overson pointed part 2 seems to be different interpretations
and asked if some legal terminology should be inserted? Mr.
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Sievers stated he did not interpret that "feed" referred to growing
produce, particularly when reading the legislative history in the
WHEREAS where it states "or otherwise allowing access to feed or
edible waste". He had a problem saying if feed scattered on the
ground or other surface remains uneaten for four hours because even
though it may be in a large container we do not want it to sit
there for days or weeks unattended. He believes there is a core
behavior that the proposed ordinance addresses and there is almost
no way to write a law that someone can't find some exception or
circumstance that seems unfair. Mr. Overson suggested adding the
words "contributes to a nuisance by remaining uneaten for more than
4 hours".
Mr. Colvin stated he did not believe Mr. Winter's analogy applied
in this instance and could not be accused of broadcasting fruit.
Mr. Winters stated he could be accused by the neighbors for
excessive noise created by the birds prior to their feeding on his
fruit in the early morning.
Mayor Horton noted she has received calls from people expressing
concern that fruit is left on the ground and bees have become a
problem. In those circumstances, the City did contact the property
owner and asked them to clean up the excess fruit. The intent of
this legislation is to have an ordinance that gives the City the
tools to deal with the large neighborhood problems. She assured
everyone that the intent is not to go after people that place small
feeders in their yard to feed birds, or monitor how people are
handling the rotting fruit or bird feed that slipped to the ground.
If the proposed ordinance is approved and at a later time Council
members receive complaints about the City's enforcement policy, the
issue can be readdressed.
Mr. McConnell asked what kind of a complaint will cause the city to
respond with an investigation? Mayor Horton explained generally
the City tries to deal with the situation over the telephone;
however if it appears the problem is not one that can be resolved
simply, then a staff member is dispatched to the site to look at
the problem. If the situation warrants enforcement, a letter is
written to the adjoining property owner explaining complaints have
been received and ask them to resolve the problem. In most
instances, the offending neighbor takes the appropriate action in
response to the complaints. Mr. MoConnell noted the civil Courts
provided a process to handle such disputes.
Vote on motion: In favor: Montgomery, Overson, Law, Colvin,
Neville
Opposed:McConnell, Winters
Motion carried.
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Vice President Neville thanked the TV camera crew for their
services: Rob Rupe, James Noble Jr., and Jamie Campbell.
With no further business meeting adjourned at 8:12 P.M.
KATHLEEN L. McCLUSKEY, City Clerk
DAVID D. FARR, Council President
City of Bremerton
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