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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 TAPE #1447 City Council Reg. Mtg. Minutes March 12, 1997 Page 2 of 23 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 TAPE #1447 City Council Reg. Mtg. Minutes March 12, 1997 Page 3 of 23 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. TAPE #1447 City Council Reg. Mtg. Minutes March 12, 1997 Page 4 of 23 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 TAPE #1447 City Council Reg. Mtg. Minutes March 12, 1997 Page 5 of 23 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 TAPE #1447 City Council Reg. Mtg. Minutes March 12, 1997 Page 6 of 23 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 TAPE #1447 City Council Reg. Mtg. Minutes March 12, 1997 Page 7 of 23 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 TAPE #1447 City Council Reg. Mtg. Minutes March 12, 1997 Page 8 of 23 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 TAPE #1447 City Council Reg. Mtg. Minutes March 12, 1997 Page 9 of 23 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 TAPE #1447 City Council Reg. Mtg. Minutes March 12, 1997 Page 10 of 23 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 TAPE #1447 City Council Reg. Mtg. Minutes March 12, 1997 Page 11 of 23 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 TAPE #1447 City Council Reg. Mtg. Minutes March 12, 1997 Page 12 of 23 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 TAPE #1447 City Council Reg. Mtg. Minutes March 12, 1997 Page 13 of 23 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 TAPE #1447 City Council Reg. Mtg. Minutes March 12, 1997 Page 14 of 23 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 TAPE #1448 City Council Reg. Mtg. Minutes March 12, 1997 Page 15 of 23 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 TAPE #1448 City Council Reg. Mtg. Minutes March 12, 1997 Page 16 of 23 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 TAPE #1448 City Council Reg. Mtg. Minutes March 12, 1997 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 TAPE #1448 City Council Reg. Mtg. Minutes March 12, 1997 Page 18 of 23 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 TAPE #1448 City Council Reg. Mtg. Minutes March 12, 1997 Page 19 of 23 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 TAPE #1448 City Council Reg. Mtg. Minutes March 12, 1997 Page 20 of 23 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 TAPE #1448 City Council Reg. Mtg. Minutes March 12, 1997 Page 21 of 23 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. TAPE #1448 City Council Reg. Mtg. Minutes March 12, 1997 Page 22 of 23 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. TAPE #1448 City Council Reg. Mtg. Minutes March 12, 1997 Page 23 of 23 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 KLM/DDF/me cc: Normal Distribution File/Vault