HomeMy WebLinkAbout02/19/92 TAPE #994 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
FEBRUARY 19 1992
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, February 19,
1992, at 5:30 p.m., with Council President Lynn Horton
presiding. Council members present: Lon Overson, Wayne Estes,
Eileen Fitz, Hank Waibel, C. R. "Tiny"Collins, Morrie Dawkins,
A1 Colvin and Russ Johnson. Also present were Assistant City
Jim McNamara nd City Clerk Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by
Council President Horton and Invocation given by Councilman A1
Colvin.
CONSENT AGENDA
A. Minutes Of Meeting - January 29, 1992, #AB92-044
B. Minutes Of Meeting - February 5, 1992, #AB92-045
90020 M/S/C/U(Waibel/Fitz) to approve Consent Agenda as presented.
CLAIMS/WARRANT REGISTERS
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.
#0041 M/S/C/U(Colvin/Dawkins) on February 19, 1992, the Council does
approve for payment those vouchers included and further
described as follows: 144374, 144375, 144734 through 144741 in
the total amount of $314,564.59 and Regular Payroll for the
period ending February 15, 1992, in the total amount of
$416,631.04.
COUNCIL MEMBER REPORTS
Mr. Overson thanked everyone involved in setting up and
participating in the Council Coalition meeting on Tuesday
evening. Me complimented Councilman Johnson for conducting an
excellent discussion among the attending City Council members.
Mr. Estes stressed if anyone received a garbage billing this
date and it did not reflect use of the new "mini can" usage,
please contract Brem-Air Disposal, Inc., and they will make
the correction. He reviewed the Pre-Release Facility scoping
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session held on Wednesday, February 12, at the Westhills
Elementary School. He pointed out he was only an observer at
that meeting. He wanted to clarify the following: (1) water
bill survey - he stressed in order to have a valid survey, the
public must be informed properly and the question has to be
worded properly. (2) Technically, a Pre-Release Facility is a
prison, however, it is actually an educational facility and is
conducted as such. If an inmate is late for class three times
they are sent back to a regular prison. Such a facility is
essentially a vocational school and if it was sited in
Bremerton then the City could apply for Federal Correction
grant funds to put in a vocational school to be used by both
the community and by the facility. Mr. Estes stressed this
whole issue relates to education and jobs and he was amazed so
many people were opposed to education and jobs. Such a
project would put $750,000 into local purchases and services
plus their payroll, etc. (3) Community leaders wanting higher
class of people - Mr. Estes stated he hadn't figured out what
a "higher class" of people is because he is impressed with
most of the people in Bremerton. (4) City would also have the
opportunity, under a long-te~m agreement, to operate a City
Jail at this site and reduce the cost of incarceration,
provide more police officers on the streets to confront the
rising crime problems. (5) The issue of "family members" of
inmates locating near Pre-Release Facilities - past history
from other such facilities (Medical Lake) have shown that this
is not a common practice. Families generally stay in their
hometown because the Pre-Release Facility is a short term
stay. (6) Roads and number of vehicle trips plus impact on
City's sewer system - Mr. Estes was more concerned over the
location of 1,600 home facility plus the Sports area being
located in that general area. He believed there would be a
greater impact on roads and City sewers by permanent residents
living in the 1,600 households and participants at the Sports
complex.
Mrs. Fitz thanked the City Attorney, City Clerk, Planning
Department, and Utility Department for taking the time to talk
with her on the functions of City departments and how that
relates to Council work. Thursday and Friday she will be
meeting with the Police, Fire and Parks Departments.
Mr. Waibel stated he found it interesting that all the people
who are concerned with all three sites mentioned by Mr. Estes
agreed with him that the site selection process was not very
well done.
Mr. Colvin thanked those citizens who had recently reviewed
the City Charter with him. He noted they had identified a few
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discrepancies in the Charter, and discussed those items with
the City Attorney, who will bring them up to Council at a
later date.
Mrs. Horton thanked Councilman Collins for his assistance in
helping arrange the Council Coalition Dinner meeting as well
as Councilman Johnson and Mrs. Erhart, Council's Legislative
Assistant. She emphasized this meeting provided an open form
type agenda and discussed what all of the communities had been
doing over the past year and some of the issues to be faced in
1992. Sherry Appleton, Councilman from the City of Poulsbo
and board member of the Association Of Washington Cities,
shared some interesting things about legislative issues that
will have tremendous impact on the cities. One of those
issues had to do with the granting the County Commissioners
the power to appointment someone to an unfilled Council seat
if it was not filled within 90 days. Councilman Appleton
mentioned other issues that would essentially take away powers
at the local level and the State is willing and able to take
on those responsibilities that the local municipalities have
thus far handled. The Council Coalition members believe that
local control was the better way to handle a lot of those
issue. She stressed being alert and contacting State
Legislators on such issues.
PUBLIC RECOGNITION
Mayor Louis Mentor reported on Saturday, February 15 he
attended the Community Unity Banquet, which was well attended
(in excess of 400 people). Admiral Davis, head of the 6th
Fleet - Florida, was the guest speaker at that event and the
Mayor found him to be a very inspirational speaker. On
Friday, February 14, he welcomed the USS Truxton back in town
from a 6-month deployment. This morning he attended a
planning meeting for the March Of Dimes Walk-A-Thon, scheduled
for May 9th. He thanked Councilman Fitz for being interested,
as a new Council member, and visiting with the various City
departments.
Mayor Mentor presented a special United Way "Presidential
Recognition Award" to Gil Johnson, Purchasing Agent, for his
service to United Way as the City's representative. Mayor
Mentor noted the 1992 United Way campaign was the most
successful they had ever had. He noted Kathleen McCluskey,
City Clerk, served as United Way's President, Barbara
Stephenson is the Executive Director, and Paulette Mentor
served as Campaign Chairman. Gil Johnson accepted the award
on behalf of the employees of City of Bremerton who did
contribute and participated in the United Way campaign. He
emphasized all funds collected by United Way stay in Kitsap
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County. There are many non-profit agencies in the community
that receive up to 30% of their support through United Way.
Bob Long, Dockside resident, stated he had written several
letters to the Department of Corrections opposing the siting
of a Pre-Release Facility near his neighborhood. He admonished
the Council for their lack of support and assistance in
getting information relating to this issue out to the
community. He attended the Advisory Committee's meeting on
February 18 in order to learn how the selection of committee
members came about and he was not happy with the process used.
He questioned why there wasn't a public forum to select the
committee members? Mr. Waibel stressed that the advisory
committee was a State committee, requested by the state and
the City Council had nothing to do with the selection process.
President Horton emphasized that after Ms. Geiger requested
names, she notified various agencies for recommendations to
sit on that committee and those names were passed on to Ms.
Geiger - simply a pass through item. The advisory committee
was not a Council neither sanctioned or authorized, nor did
they participate in any manner in that committee selection as
a group. Mr. Long stated that was an example how
misinformation flows because Ms. Geiger had stated, during an
advisory committee meeting, that she was under the assumption
these individuals had been notified by the Council and they
were aware their names were being submitted. Mr. Johnson
pointed out he had contacted the individual he recommended
prior to submitting a name. President Horton stated all of
the individuals, prior to being formally asked by Ms. Geiger,
had been contacted as to whether or not they wished to
participate. Mr. Long stated the utility billing survey may
have been an informal survey but he questioned why didn't
Council give it some credence or at least conduct another
survey that would be more official. Mr. Overson stated
Council never received any information regarding that
particular survey. President Horton stated the Council, at
this point in time, may be asked to sit on a zoning issue
relating to the Pre-Release facility if the Bremerton site is
selected. If Council interjects opinions about the facility,
site, various other things prior to that process, they could
potentially be barred from sitting on that hearing. Council
has tried to maintain a distance from that process. Mr. Long
stated part of the contention about the survey seems to be how
it was worded. He did not understand why Council, without
infringing upon future hearings, couldn't conduct some type of
survey. He did not like using taxpayers dollars to pay for
Environmental Statements on three sites for study purposes.
He stated he thought community hearings on this issue was to
say: "are we going to proceed on an environmental study or
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not?" He question if that was a misconception on his part?
Mr- Waibel stated public hearings are part of the
environmental study. All of this effort is being conducted by
the State and Council has nothing to do with anything but
eventual land use issues. Mr. Long questioned the adequacy of
publicizing the recent public hearing held on February 12.
President Horton emphasized Council had announced the schedule
for that meeting several weeks and that the actual hearing was
shown on Channel 29 on Thursday, February 13. She would look
into having this program aired again as a follOw up effort to
inform the public. Mr. Long stated he was not opposed to
expanding education and jobs, however, there were people from
the law enforcement agencies opposing such a proposal as well
as the Bremerton Area Chamber Of Commerce and Kitsap County
Board of Realtors.
Mr. Roy McInnis, 2711 Maple Street, stated for the record that
at the public meeting on the Pre-Release Facility, held
February 12, he was asked if he had been contacted about
serving on the advisory committee. He stated yes, he had been
contacted and asked if he would be willing to serve on this
committee prior to being asked by Ms. Geiger. He did not
choose to serve on that committee because he was either pro or
con and he did understand that he was being asked to serve as
a representative of the committee.
Betsy Harris, Animal Control Officer, stated this week's
featured "Pet Of The Week" is an Australian Shepard /Brittany
spaniel mix, male, 9-weeks old. She anticipated that he would
grow to be a medium sized dog (35-40 lbs.). Ms. Harris
reported they were still looking for a home for the Toy Fox
Terrier previously featured.
Don Larson, 135 Rainier Avenue, reported Kitsap Diving
Association participated with South Sound Diving Club/Tacoma,
in a dive on a shipwreck, a new artificial reef in Sidney,
B.C. - G.B. Church. Mr. Larson is hopeful that an artificial
reef could be located in Sinclair Inlet, which could also
attract tourists to this area. He encouraged Council to put
a little pressure on the Parks Commission as to their
recommendation about working on such a project for Bremerton.
He displayed a new Snorkeling Fun Guide and noted people could
snorkel in Washington waters using a wet/dry suit. He
announced an Earth Day Clean Up of Sinclair Inlet is planned
for April 18. A planning meeting for this event is scheduled
for February 26, 7:00 P.M.,. at Reid Realty. If anyone had
any questions concerning this event, they can call Mr. Larson
at 373-5367.
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Rmv Jessup, 76A Haven Road, stated he was a concerned citizen
of Kitsap County and wished to discuss problems he experienced
with the Bremerton Animal Department over the past six months.
Bremerton Animal Control impounded a 3-month old puppy, owned
by he and his wife, in November, 1991. When they discovered
the puppy missing, they contract Bremerton Animal Control and
were told they did not have their puppy. As it turned out,
the puppy had been picked up and was at Fairnall Kennel and
had been overlooked for proper processing. It was only
through their diligent effort and that on the part of Farinall
Kennel that they found and had their puppy returned. He and
his wife were greatly disturbed over this incident, as well as
the type of animal control service being received in the
Jackson Park area. He believed Debbie Goodell, Animal Control
Supervisor, had lied to him and he did not want someone in a
supervisory capacity who was not truthful. He was not
supportive of having the City's kennel located in Belfair,
which is in Mason County. He demanded that the kennel service
be returned to Kitsap County and that Debbie Goodell be
replaced by someone who can and will do the proper job of
caring for strays and lost animals. He challenged citizens of
Kitsap County to come forth and push for better treatment and
respect for pets and their owners. President Horton suggested
that Mr. Jessup call either Police Chief McNeal or Mayor
Mentor and bring up the problems he had experienced.
Richard Weld, Yew Street, stated several weeks ago he had
requested the City Attorney provide him a copy of the document
the City signed requiring the "guns" off the USS Missouri be
located at Roosevelt Field. As of this date, he had not
received any response and had requested Congressman
Dicks' office provide him a copy of that particular document.
In the meantime, he wrote a letter to the Editor of The Sun
and The Progress regarding leaving the "guns" at Roosevelt
Field. From a cost standpoint, that would benefit both the
City and Olympic College. The cost for moving the guns would
not be cheap and he estimated it would cost approximately
$20,000 to place them on a new site. If Olympic College were
to make any use of the site the guns are currently located on,
they would have to bulkhead off 40-60 ft., to acquire two
parking spaces. President Horton stated Ian Sievers, City
Attorney, has indicated there is no documentation within the
City's records relating to what Mr. Weld was addressing. She
questioned if Mr. Weld would provide the City with a copy of
any documentation received from Congressman Dicks' office.
Mr. Weld stated yes he would.
6A - BID AWARD RECOMMENDATION FOR KENNELIN~ SERVICES,,~ABgZ-
036
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Kathleen McCluske¥, City Clerk, stated this item is returned
for Council's consideration for award of the bid to Olympic
Kennels for kenneling services for the City of Bremerton.
Jim MeN--ar&, Assistant City Attorney, stated resulting from
previous Council action on February 12, the City Auditor and
City Attorney were directed to review the bidding process on
the kenneling services contract. Neither he nor the City
Auditor, John Koch, found any material irregularities that
would impede granting the bid to the low bidder - Olympic
Kennels. He noted there were contract negotiations earlier
with Fairnall Kennels, which fell through and a interim
contract was implemented. Subsequent to that action, it was
determined by the City Attorney's Office that kenneling
services should be awarded not by Professional Services
Agreement but by an open bid. Following that decision, bids
did go out and were returned from Olympic Kennels, Kitsap
Humane Society and Fairnall Kennels. There were no material
irregularities from Olympic Kennels or Kitsap Humane Society's
bid, but there were several irregularities in the bid received
from Fairnall Kennels in that they modified the contract in
several ways, both increasing burdens on the City and
decreasing burdens on Fairnall Kennels, therefore, materially
altering the contract that was sent out for bid before it was
returned. He believed this would impede the City from
awarding the contract to Fairnall Kennels even if they were
the low bidder, which was not the case. The question was
raised at the previous Council meeting about misunderstandings
in the specifications requested in the bid, resulting in
Fairnall's proposal coming in higher than they supposed. He
noted there was, in the bid package sent out, a procedure for
interpretation of the bid contract documents so that if there
was any doubt in the meanings or the scope of the contract,
that procedure provided for written request for interpretation
from the City's Purchasing Agent. None of the bidders
availed themselves of that procedure. Therefore, there is no
impediment or irregularities in the bidding process and
nothing that would stop the City from awarding the contract to
low bidder - Olympic Kennels.
Lorraine Martinez, 14637 NW Holly Road, co-owner Fairnall
Kennels, stated she wanted to set the record straight on
several issues. Their facility is large and enabled them to
house "City" animals in a separate area from private
boarding...all sections are isolated from each other. Their
areas of concerns were in the sections where Bremerton animals
were housed. Those concerns were self-evident in all of the
letters they submitted to the City during negotiations'in the
past four months. First call for bid, October 21, 1991, was
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met by their firm and the City responded on November 19, 1991,
with a letter and a contract. Within that contract Item la:
"for reasons of health and safety the animals will be limited
to two animals per unit except where siblings are retained
together and where nursing animals are retained with their
offsprings". She exclaimed "what a redundant statement in a
contract language, as there were many"! They were not trying
to control Animal Control with these responses but their
efforts were to enlighten, for clarity, safety, health and
welfare of (1) animals and (2) citizens, (3) City of
Bremerton, (4) for the protection of their facility. They
were met with a letter of termination, dated December 26,
1991, informing them City animals would be taken out on
December 31, 1991, and Debbra Goodell would coordinate the
transition. Ms. Martinez noted they were never asked to
extend the current contract for a short term to facilitate the
animals until contracts were settled. She also noted there
was no coordination for moving the animals...on the morning of
December 31, 9:00 AM, two Animal Control Officers, Harris and
Simpson, arrived at the facility. At that time she questioned
where the animals were being moved to in order to be able to
forward such information to those calling for information on
lost animals, since her facility was still listed on the
City's recorder. She was told, at that time, it was none of
her business. There was a particular puppy set for adoption
and that person was scheduled to pick up the puppy that day.
She stated, at that time, that good customer service should
take precedence over a pull-out since there still was a
contract in place until midnight that day. When the puppy was
picked up the $5.00 adoption fee was turned over to the City,
along with the rest of their reports as a finalization and
commitment to the City. She was told "we are not private
boarders and do not have to give customer service; it is too
bad if he has to run around looking for the dog - if he is
interested he can call us". Within the hour of the dog's
removal the party did arrive and was not happy...the rest is
history. She found this and a lot more a direct lack of
professionalism and provided this information as an insight as
to what had been happening within the system.
For the record, and since adoptions seem to be an issue via
Animal Control, Fairnall adopted 253 animals directly from
Animal Control; seven were miscellaneous, i.e., raccoons,
rabbits, goose, etc., 70 pure bred, 148 mix breeds, i.e.,
dogs, cats, puppies. They have an adoption program still in
place and are proud of it. They see fit to rescue animals and
they receive many of them from private citizens. Any of the
City's animals could have been adopted out of and via a City
program if Animal Control had one working in place at that
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time. However, the point is they were not and on the day
Bremerton Animal Control staff determined an animal expendable
via Title 7 ordinance, Farinall would then be given an
opportunity to rescue the animal. Had they not done so, those
animals would have been put to sleep on that distinctive day.
Fairnall not only rescued animals but also saved Bremerton
citizens time, solution, officers time for euthanizing and
rendering costs. All times the City's program had an
opportunity to develop and she was glad to see there was a
current functioning adoption program.
Driving Time - this seemed to be an issue and was discussed
during the prior Council meeting. She quoted the following
from the bid document submitted January 17: "As I specify
everything was line limited for clarity sake so there would be
no discussion for the call for bid. Fairnall Kennels is
located within Kitsap County within cited driving time 15-20
minutes from the Bremerton Animal Control area, doing the
speed limit and for the area. A portion of said time is
passing through the west end of Kitsap Way, which is a primary
residential area, Austin Drive leading to Jackson Park
Housing, which the City has a contract, and the northern end
of the Kitsap Lake area, which has a high residential area.
This enables your officers to provide services while in route
to this facility".
Doubling up of animals - as stated the previous week, and
reading from the contract originally sent in October relating
to doubling up animals: "that item for health and safety
reasons, the animals will be limited to two animals per run
with siblings, who are retained together, or where nursing
animals are retained with their offspring". Fairnall met
those challenges and they were very flexible where they
encouraged and then agreeing mutually so the risk factor would
be less. Doubling up was the original intent and it still is
whether the contract language has changed - what problem is
there in contract language texting language that calls for
singular use for an animal. She did not understand that!
Where else or why else would they go from 20 and 15 units per
animal (cat/dog), which was called for in those specifications
of October and now changed in January's call for bid to 10 and
10 units when it is a known fact that will not accommodate
animals unless they are doubled up. The Humane Society does
not double up unless it is a sibling from the same household.
The Seattle animal shelters have night crews to monitor any
problems that arise, i.e., fighting, etc. They did agree on
some exceptions to remove the risk in liability for the City
and for themselves as well. She has heard that only small
baby animals will be doubled up. She stated that was not the
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fact and questioned if small puppies and kittens were
expendable. Fighting occurs when introducing food into the
environment regardless of size and being a breeder and kennel
owner for many years she was well advised on these issues.
Larger animals magnify the problem of fighting and case
histories of deaths are on record and this presents a
liability risk factor.
Ownership - previously stated by the City: "these are our
animals we can do what we want with them". Ms. Martinez
stated these animals are not City property as previously
stated. The first four days animals belong to residents of
the City of Bremerton whether they are known or unknown
owners. Animals are held in detention for safety sake and the
City will be extracting a boarding fee and impounding fee from
the owners if they are found, which leaves the City with the
direct obligation to perform with health, safety and welfare
of these animals. Only on the 5th day is the City given the
authority of disposal through Title 7 Ordinances. The City's
obligation to the citizens is still present in that 5th day
and every ensuing days those animals are held. Doubling up
provides an environment for cross-contamination, as previously
stated. Diseases of Parvo and Corona were not addressed and
are contact viruses transmitted through stools and urine. Any
animal will become infected when coming in contact with that
shedding. With these dreaded diseases cross-contamination is
an issue and those healthy animals are then doomed. Ms.
Martinez stated this information is supported by University
studies. Airborne viruses were previously mentioned and they
do travel 30 feet, however, if animals are given a specific
type vaccine, studies have shown that within 48 hours canines
have immunity against Bordetella, which is not life
threatening. Animals being held beyond 72 hours and held for
adoption must be vaccinated against these viruses. All
shelters follow this practice and Fairinall was merely asking
to perform within a common denomination of other shelters, but
they were shotgunned. And, there is a direct obligation to
protect these animals: (1) for their own welfare; (2) for the
public at large who will adopt. Rabies is an issue and in
previous years Ms. Martinez had to inform Bremerton residents
that they needed to get rabies vaccinations or they would be
fined $100.00 per day for every day they can't give issue to
it. Animals should be impounded for 10-11 days guaranteeing
that adoption will not be transmitting rabies diseased
animals.
To provide optimum humane treatment the liability still
exists. All of these important issues were addressed.by Ms.
Martinez and she had made many calls with the response that
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she should talk with Councilman Tiny Collins, which she did
and he stated he "couldn't talk". She tried to speak with
Mayor Mentor and he commented he did not know what was going
on. All avenues were closed to her with the exception of
Public Recognition during Council meetings, which is why she
is speaking at this time. She felt all this was way beyond a
contract bid, which is not the total issue - the issue is
animals and their welfare, residents of Bremerton who intrust
the City to care for those animals, service, professionalism
within the City's program.
In closing, Ms. Martinez made the following statement: "cost
and care of animals may never match but is the direct
responsibility of this City government to do all within their
powers to see that all efforts are made to: (1) house your
animals humanely within your Title 7; (2) give quality
services to residents within that Title; (3) make it
convenient for those citizens to claim those strays that they
own and provide a truthful acknowledgement during that due
process. You may have your own shelter within a few years and
she commends the City for that, but meanwhile the City still
has these obligations. Your cost shortfalls or lack of
information should not be put on the shoulders of those loving
creatures that were created for our enjoyment and that are
most sensitive to us as family members. And, they should not
be the ones that will have the reaction and negative impact
they have entrusted to you via your impound. She raised the
following question: "why was she sent specifications that
called for services of adoption and collecting impound fees
and comparably services that were done by their facility for
years?" If this was in error, why did she not receive a
letter correcting that? And, when referring to the contract
she noted there was contract change as it stated "each cat and
each dog". Her changes, which were identified in that
contract of January 17, only led for clarity. All of those
things were addressed in a concerned packet but now she is
being called "out-of-bid". When the City's contract states
"as many animals as the City will bring to you" she posed the
question" wouldn't you question that because it could overrun
any facility, double them up, etc., yet you ask for a
reasonable cost". Any good professional vendor would, at that
point, correct that situation and say: "within the limitation
of the obligation of item 16a", and would lead not to
suggestion, ideology or any misunderstanding in the contract
years to come, which had occurred in the past. She is still
in support of the City, the animals and her facility. When
she came to Council in April of 1991, and stated they needed
to renovate the City's section, President Horton stated to
her "factor it in the contract", which she did, and then the
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City factored her out.
taro! Johnson, Bremerton, questioned if the City was spending
tax dollars for Bremerton or Kitsap County, why were they
contracting with someone outside the County? In reference to
the ownership of animals when impounded, she stated according
to ordinances the animals do not become property of the City
until after 72 hours have passed. When she visited Olympic
Kennels several weeks ago she was informed that the cats from
the City were never kept in the stainless steel cages and were
to be used only for privately boarded cats, and that City
cats were kept in the grooming cages or some kennels in the
back. She observed big dogs in runs together. What she
observed at Olympic Kennels did not correspond with what she
heard during the discussion of this issue the week prior. She
expressed concern over housing animals together and the
problem of cross-contamination of diseases. She questioned
if other people or private owners disagreed with keeping City
cats with privately owned animals and would the kennel
continue to house City cats in stainless steel cages? She
questioned if the City would guarantee that the animals would
be kept in nice areas after the contract is finalized? The
only conclusion she came to after hearing the previous
discussion, and visiting the kennels was: (1) will strays will
stay in nice cages and private boards will be placed in dumpy
ones; (2) they'll all be mixed together; (3) strays will be in
nice cages long enough for the contract to be finalized. She
questioned what happens this spring when the animal population
booms, there isn't enough space at Olympic Kennels to house
them. She questioned if more animals would be put to sleep
and what will they do with the overflow?
Mr. Weld, 1319 Yew, stated he has three animals and had on
occasion lost them and had extremely difficult time getting
them back. He was concerned if the proposed contract did not
provide assisting an owner in finding his animal, the contract
was very deficient. There should be a provision and a price
to make sure a person can find and identify their animal if it
is lost and in the City's or kennel's control. If Council
could do anything to improve that service either with
rebidding or revising the proposed contract, he felt it would
be well worth the City's time to do so.
Brenda Jessup, Jackson Park, questioned if the citizens are
providing the funding for the contract shouldn't they have a
say where that contract goes?
Mr. McNamara stated the bid documents did provide a process
whereby if someone needed clarification of any item, a written
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process was outlined to follow through the Purchasing
Supervisor. The bid documents also provide that no oral
interpretation of any provisions of the contract will be made
binding for the City. Therefore, anything Officer Goodell
might have said to the bidder at Fairnall that may have been
construed, should not serve to impede award of the contract.
The other question was about his comment earlier about
Fairinall Kennel having an addendum to their bid contract. He
did not believe this to be relevant because they were not the
low bidder; and if they had been the low bidder then he felt
relevancy arises. In particular, the one he was speaking
about materially altered the contract was where the City
contract requested a certain number of kennel spaces to be
open - Fairinall had an addendum stating that those spaces
would be available on a first come first serve basis, i.e.,
space not guaranteed. And the section stating "city shall
provide bedding and water to animals delivered to the kennel
between 5:30 PM and 8:00 AM", which was not in the contract
and was added as an addendum and it places a material burden
on the City that was not something that was contracted for.
He was not arguing about whether those were good ideas or not
- only to argue that those were items that other bidders did
not have in their contract and was not the contract they were
bidding on. He did agree with the owner at Fairinall that
some of the changes they added were merely points of
clarification. He did, however, review case law which states
you can't renegotiate the contract with bidder nor add things
to the contract that was put out for bid. What happened, in
effect, by submitted the contract with 10 addenda Fairinall
was bidding on their own contract, which was other than what
the City put out. President Horton requested that the City
Attorney address the issue of who owns the animals and within
what time frame? Mr. McNamara requested Ms. Goodell to
respond to that question. Ms. Goodell, Animal Control
Supervisor stated upon impound the animals become wards of the
City and after 72 hours they technically become property of
the City and we would have to assume responsibility for their
welfare one way or another determining whether they are
adopted out or disposed of. President Horton stated for
clarification then up to the 72 hours the animals would be
property of the owners and wards of the City. Ms. Goode11
stated yes, they have to make the decision for their welfare
in that period of time and try to find and contact the owner.
President Horton raised the question about follow up to make
sure the contractor is not providing better service in the
initial phase when the City is looking at them as prospective
contractor versus maintaining that same standard. ~s.
~oode11 stated there is a 30 day termination clause 'in the
contract and they do follow up on a daily basis. At the small
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kennel there are 24 runs, all the same for the dogs and there
are stainless steel cat cages as well as galvanized/stainless
steel metal cages for overflow housing. Presi4ent Horton
wished to know the process for "helping owners locate their
animals". Ms. Goo4ell stated the "voice mail" system is
available, which provides multiple choices for giving or
receiving Animal Control information. This information
relating to a lost animal can be retrieved out in the field.
If this is the case, then the officer can return the pet to
the owner, which has happened frequently. President Horton
stated for clarification that the responsibility of assisting
the owner find the animals rests with the City, not the
contractor. Ms. Goodell stated the only thing they are afraid
of with a private contractor would have to do with them
clearly understanding the breed of animal and how it is
classified, which is a function of the Animal Control officer.
President Horton requested the City Clerk address the issue of
"going out of County" and whether or not there are any
requirements relating to that issue. Kathleen McCluske¥, City
Clerk, stated no, there is nothing that precludes the City
from contracting out of County for goods or services. She did
note that such firms do pay B&O tax to the City on the
contract and are licensed.
Mr. Overson stated he is very aware the Animal Control
Officers have given good treatment to animals in their charge.
He hopes that the new contractor will continue that good care,
however he did not find anything in the contract that provided
for specific animal protection. He questioned if there was
something in State law that provided that protection, such as
in the case of putting more than one animal per kennel? Mr.
Goodell stated there are no "for sures" on anything.
Technically, if a dog is running loose it has a good change of
getting hit and killed by a vehicle before it ends up with
Animal Control. There is someone living on-site at Olympic
Kennels and available to monitor such behavior 24-hours per
day, seven days per week. If there are any collars on animals
that might be a danger to the animal in any way, they are
removed. As far as more than one animal per kennel, they would
only be placed together early in the day so that could be
observed for any type of conflict between animals. Mr.
Overson questioned if there way anything in previous contracts
that addressed protection specifically? Ms. ~oodell stated
no. Mr. Overson stated in reference to locating lost animals,
no one speaking on this issue noted that their animals had
City licenses for easy identification. He questioned why
someone couldn't call and say they are looking for their
animal with a specific license number? ~s. ~oode11 stated for
the 10-15% of the residents who license their animals that
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would work.
Mr. Collins specifically mentioned to Mr. & Mrs. Jessup that
they pay no taxes that go into any part of Animal Control.
The United States government has entered into contract with
the City for Animal Control services in the Jackson Park area
and they have defined what Animal Control services they will
pay for. And if the Jessups do not like the services they are
receiving then they should talk to the U.S. government. ~s.
Goode11 stated to her knowledge that was correct.
Mr. Collins questioned if he correctly understood Ms. Martinez
statement that the first and second contracts documents were
the same? Ms. Martine$ stated what she said was that the
contract the city sent to her with specifications on the first
call for bid was very comparable to the second call for bid
with the exception of those specifications leading to less
runs for the dogs and cats.
TAPE #995
Mr. Collins questioned the amount of her first bid? Ms.
Martinez stated their first bid was $59,500. Mr. Collins
questioned what caused the difference between the first and
second bid? Ms. Martinez stated in negotiations there were
lots of services asked during those negotiations. When we
speak of water buckets and someone on site 24 hours per day it
is necessary to specify if someone will actually be "in the
kennel" and will they come down and clean the cages, provide
beds, blankets and water. There was the adoption program laid
to rest at the kennel's doorstep, that was additional services
that would bring on staff, as quoted on the original contract.
Mr. Collins questioned if contract %1 and contract #2 were
similar? Ms. Martinez stated they were identical except for
the release of less units being used in second contract
language of January 17. Mr. Collins noted there was about
$20,000 difference between proposals. Ms. Martinez stated
they were also discussing that the City wanted to have new
refurbished identity in that area that would cost that amount.
She had other options at best to be presented and she tried to
say if the City wanted stainless steel water buckets they
could have them if they'd like to buy them in the first
contract and they would reduce them from the proposal.
Because that issue was in the negotiations, she believed it
was part of the contract. She thought anything discussed in
negotiations would be written in the contract. She had
requested that to be texted but it was not so and the
contracts received were a lot different than negotiations.
President Horton stated it is her understanding contract
negotiations that were held first were totally negated once
those calls for bid subsequently came out. Ms. Martinez if
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you want to talk and say a phone call .... "can you get any
lower - no - forget it"! When you are talking and asking a
lot for cost for run and services - you have to be realistic.
The Humane Society is realistic and she previously held the
contract - she knows the cost. She serviced those costs with
stainless steel units, with additions made with provisions,
with the burden of those costs directly on the facility. When
the call for bid reduced itself to 10 with auxiliary units,
then the cost for bid was reduced for that amount, which
brought them down to the $36,500. President Horton pointed
Council's discussion should only consider the second call for
bid. Ms. Martinez questioned why were the specifications sent
to her calling for staffing for an adoption program,
facilitating collecting fines and fees and all of the above?
And as it was stated no oral conversations are allowed, but
yet there was a question on the call for bid when it was
received last week saying that we were calling only for
kenneling, no paperwork, no fines, fees, etc. That was a
direct conflict for what everyone bid for. Mr. McNamara
stated the specifications were sent along with the proposed
contract and all three parties had the same documents, which
were drafted by the City and had to be read in conformance
with the contract. The contract language would have been
controlling then and all the bidders could see what was
actually going to called for in the final contract. Ms.
Martinez questioned if Mr. McNamara was saying that they did
not have to house them within the contract language per say?
Mr. McNamara stated the contract does require housing. Ms.
Martinez questioned doesn't the contract also state in Item C
- collections of fines and fees for the City (page I of the
second call for bid)? This language was in direct quote of
what occurred in past years, which then lead to the burden of
that obligation in staff and wage of collecting fines and fees
and the paperwork. She emphasized it was the kennel staff
that identified those misidentified animals for those owners.
President Horton stated the question has been asked of the
Attorney if the bid document addressed things that were
included in Fairinall Kennel's bid that perhaps Olympic did
not include in their bid? Mr. McNamara stated all three
parties, who bid on these services, had the same contract
regardless of any misunderstandings about what had been done
in the past. Ms. Martinez questioned if Olympic Kennels would
be only housing and not doing any fines/fee collections,
adoptions or any of the above?
Mr. Waibel questioned if the proposed contract requires the
contractor to collect and promptly remit license fees and
fines to the City? ~r. McNamara stated that language is in
the contract under Item lC. Ms. Goodell stated in the interim
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she had not requested Olympic Kennels collect anything due to
the shortage of time to provide adequate training. 'In fact,
they will be collecting fees and fines, which they have
already. Any fees that are collected at the Kennel will be
remitted to the City and those employees will be trained by
the City to carry out that function. Mr. Waibel noted the
$20,000 bid was based on that service. He questioned if
adoption services would be provided? Ms. Hoo4e11 stated that
was correct and Connie Keiser, Kennel manager, is a veterinary
technician and previous Animal Control Officer, who is trained
in those area. She also emphasized the contract requires
proper training for such services and Olympic Kennel staff
have had proper training. Mr. Waibel stated when the
specifications say facilities will be staffed by persons
trained and qualified to perform animal care and feeding,
adoption services, prospective owner's training and
temperament testing - we only wanted to make sure they were
trained but did not intend them to provide that service. Ms.
Goode11 stated yes -but not in all instances. For example,
when providing adoption services there is a problem checking
on past priors and only the Animal Control officers have the
ability to do that checking. The decision making for adopting
and or releasing animals is not what they are being contracted
for. They are being contracted for processing the work and
being trained in those areas. Mr. Waibel questioned how would
he, as a contractor, know what to bid on that is "sometimes
and sometime not" a requirement? Ms. Hoode11 stated similar
to an emergency service. Mr. Waibel noted this is not an
"emergency" service. He questioned would he bid to provide
those services at all times? Ms. Hoo~ell stated yes, what the
contract states is that there will be trained staff available.
Mr. Waibel stated he was very familiar with Federal
contracting and did not know how anyone bid on this bid
document without raising some questions. He noted not being
familiar with animal care he had all kinds of questions after
reviewing the bid specifications. He was not surprised there
was a $20,000 difference in bids without people asking
questions and verifying specific things. He did not feel this
bid process was done very well. As the City Attorney and City
Auditor had stated, there weren't any material improprieties,
but he personally felt it was a lousy job of bidding.
Mr. Estes invited the representative from Olympic Kennel to
speak to the issue as to whether or not he could perform the
services required in the bid proposal. Don Smith, owner
Olympic Kennel, NE 211 E. Tiger Way, gave a brief history of
his kennel service and training qualifications. He noted his
kennel had grown rapidly over the past five years and provide
excellent service and maintain a spotless facility. In
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reference to "moving animals out back", he had no idea what
was meant by that comment as they have only one set of
stainless steel kennels and one set of regular kennels.
Currently, his kennel runs are full an~ he is planning to
expand his kennel space and anticipates construction
commencing this summer. He has provided service to the City
for about two months and so far there have be no problems
housing cats as each one has their own space, litter boxes and
food. Mr. Estes questioned
if Ms. Goodell had any objections over the way Mr. Smith is
running his kennel. Ms. Goode11 stated no, she was impressed
with the cleanliness of the facility.
Mr. Colvin questioned if Olympic Kennel was licensed with the
City even though it was located in Mason County? Ms.
McCLuske¥ stated Mr. Smith had already obtained a Bremerton
Business License. Mr. Colvin ques=ioned what were the
provisions in the contract for violations? Gl1 Johnson stated
the contract contained the standard 30 day cancellation
clause. If the City gives notice to a contractor that they
are not providing services as contracted, they have 30 days to
rectify such conditions or the contract would be canceled in
30 days.
President Horton questioned - the bid prospectus states that
the facility will be staffed by personnel trained in all of
the identified things.., does it imply that the City will ask
the bidder to provide those services or only that they have
trained personnel in those areas? Ms. ~oode11 stated the
prospectus states that kennel staff will be trained in those
areas. Now, whether or not the City opts to use them or not -
that is up to the City. It does not say they will do that
all of the time (100%), however, that is probably what will
end up happening.
Mr. Johnson stated the prospectus and bid were not referenced
in the agreement and the agreement has a paragraph that states
"if it is not written in the agreement it does not apply" - he
questioned what's the point here. The agreement also does not
reference adoption, etc., unless the bid specifications are
referenced the City will not have any authority to require
those other things. Mr. McNamara stated the City's
enforcement rights of the contract would be what is in the
contract, not what was in the specifications. Mr. Johnson
pointed out the agreement is very limited, i.e., open from
10:00 AM - 6:00 PM Monday through Saturday and 10 pens would
be available. Mr. McNamara stated Council could make an
adjustment to the agreement to incorporate, by reference, the
specifications into the contract. Mr. Johnson questioned if
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that was acceptable to Mr. Smith? President Horton stated,
for the record, Mr. Smith indicated Yes. Mr. Johnson
questioned the limited hours that the Kennel is open and the
fact that a lost pet may be disposed of prior to the owner
getting out to the kennel in time. He questioned if the
Kennel could stay open for business until 7:00 p.m.? Ms.
Goode11 stated anyone can call Animal Control and make
arrangements to meet someone at the kennel during "after
hours". The Animal Control Officers generally work until 7:30
P.M., and in the summer months they'll be working until 9:00
PM. If someone calls and it is determined that the animal is
impounded, they will then place a "hold" on any further action
on that animal, and they can gain access to the kennels even
after the time of closing.
#0704 M/S/C(Johnson/Colvin) that the City of Bremerton accept the
bid from Olympic Kennels with the provision that
specifications from the January bid call be included as
Appendix A to the contract. And, the deletion of the word
"deliver" as it relates to unconditional accessing the kennel.
#0746 M/S/C(Collins/Overson) an amendment to the motion that staff
come back to Council in two weeks with a Budget Adjustment
moving the excess kenneling fund back to the General Fund.
Mr. Estes questioned if Council could legally change a
contract during deliberations? Mr. McN-mara stated yes, all
the parties who bid not only bid on the contract but on the
bid specifications as well and were aware what the bid
specifications for this contract would be. The proposed
motion was just an amendment to include, by reference, bid
specifications. Mr. Waibel pointed out Council could change
the contract towards the bid specifications, but not
significantly away from them. And, the fact that it is
necessary to change the contract toward bid specifications
calls the contract into question. He emphasized, according to
the wording of the contract, that Bremerton Animal Control
could only have access to the kennel facility for delivery of
animals, not to retrieve animals. Mr. McNamara stated the
agreement states Bremerton Animal Control shall have access
24-hours each day, 7-days per week throughout the year to
deliver animals. He suggested deleting the word "deliver" to
provide for unconditional access to the kennel.
President Horton stated based on Ms. Goodell's statement, they
will have access and she believes it is implied in the
contract that they have access 24-hours per day.
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Mr. Overson questioned the hours of the kennel under the
previous contract? Ms. McCluskey stated they were the same.
Vote on amended motion: In Favor: Fitz, Collins, Dawkins,
Colvin, Johnson, Overson,
Horton
Opposed: Waibel
Abstain: Estes
Motion carried.
Comments on the main motion - Mr. Overson noted the Mayor and
staff have presented a contract they support, which included
a cancellation clause in the event of any problems developing.
He felt the contract as presented was supportable.
Mr. Waibel stated even with the addition of the bid
specifications, which were already identified as extremely
unclear, he believed the City would again see acceleration of
costs, as they had in the past. President Horton pointed out
there is a 30-day bail out clause within the contract and if
problems arise she felt sure the Mayor's staff would alert
Council of those problems and Council could readdress the
issue.
Vote on main motion: In Favor: Collins, Dawkins, Colvin,
Johnson, Overson, Estes,
Fitz, Horton
Opposed: Waibel
Motion carried.
6B - APPOINTMENT TO PARKS BOARD - JOHN K. GILLESPIE, ~AB9Z-04~
There is a vacancy on the Parks Board. Mayor recommends it be
filled by John K. Gillespie.
Mayor Louis Mentor reviewed Mr. Gillespie's educational
background, community involvement, and urged Council to
confirm his appointment to the Parks Board.
Public Comment - none.
#1039 M/S/C/U(Waibel/Fitz) to confirm the appointment of John K.
Gillespie to the Parks Board.
8A - PUBLIC HEARING - TO ACCEPT PUBLIC COMMENTS
RECOMMENDATIONS OF THE PLANNING COMMISSION REGARDING THE pOST-
ANNEXATION COMPREHENSIVE PLaN AND ZONING OF THE BR~MERTON
HEIGHTS ANNEXATION AREA; AND PASSAGE OF RESOLUTION ~2378, AND
ORDINANCE (FIRST READING), ~AB92-049
In September, 1991, the City of Bremerton completed the
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annexation of an area known as Bremerton Heights, located
between Oyster Bay Avenue and Bremerton Boulevard and
immediately south of the proposed City Public Works Complex
site. Upon annexation, "provisional" zoning was applied, with
the understanding that the Planning Commission would later
review the Comprehensive Plan and Zoning of this area and make
its recommendation to the City Council for the final
designations.
The Planning Commission conducted its required public hearing
and has forwarded its recommendations to the City Council.
This public hearing has been scheduled to consider those
recommendations and to accept public comment. Amendments to
the Comprehensive Plan are made by Resolution. The Zoning Map
is amended by Ordinance.
President Horton asked the "appearance of fairness/conflict of
interest" question with all Council members being seated.
Ron Hough, Planning Manager, provided view graph maps showing
the annexation area and the predominate land use.
Current Plan & Zoninq Designation - the zoning in the County
was R-5MH and at the time of the annexation the City applied
provisional zoning, which is a temporary zoning district that
is as close as possible to the County zoning so that after the
annexation it is taken back to the Planning Commission for the
public hearing process and eventually the most appropriate
zoning is applied. Because this area was predominately single
family, they applied the Single Family-2 zone (SF-2).
The City's Comprehensive Plan designation for the entire area
is "Industrial/Business Park". The Kitsap County Plan
designation is "Urban".
Planning Commission's response - the first proposal coming
from the Planning Commission was to designate the remainder of
the property, separate out the four lots and place them in a
residential designation, and include larger vacant piece in
the Industrial designation.
At the Planning Commission's public hearing, there was
testimony given that the owners of some of the properties
adjacent to the Industrial Park zone knew they were designated
"Industrial" over the past years and they liked that
designation and were looking forward to having industrial
development occur in their area. One of those owners, Mildred
Sommers, would like'to see the Industrial Park area extended
along Oyster Bay Avenue to compliment the Public Works
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Complex, which flows along with the topography. Oyster Bay
Avenue is seeing more industrial traffic with the Pubic Works
Complex project. Mrs. Sommers claims she had discussed the
possibility of industrial development with commercial realtors
and neighbors and believes they also support the Industrial
designation and would like to see it tied in with the
industrial complex. After taking all that into consideration,
the Planning Commission's final recommendations are:
1. A change from an Industrial Plan designation to a
residential designation, as proposed, will better recognize
the partially developed residential character of the area and
will not create any inconsistencies between Plan elements, map
or implementing techniques.
2. The proposed Comprehensive Plan Amendment will retain the
"Industrial" designation on the City's parcel, which is
intended for use in conjunction with the Public Works Complex,
and on several lots along Oyster Bay Avenue, at the owners'
request, for possible future industrial development.
3. Light industrial development, as allowed in the
"Industrial Park (IP)" zone, would be compatible with the
increasing traffic on Oyster Bay Avenue and would provide a
buffer between that street and the multi-family West Park
development to the west and the single-family neighborhood to
the east.
4. The proposed residential Plan designation and SF-2 zoning
is consistent with previous County zoning and with the current
density of development in the area.
5. The change from an industrial designation to a residential
designation on a portion of the area will help provide
stability and take away any threat of future industrial
redevelopment of the area.
6. Four old subdivision lots fronting on Bremerton Boulevard
will be of insignificant value to the Public Works Complex,
but could be residentially developed and should be included in
the SF-2 zone for future surplussing.
7. This Plan/Zoning review is a necessary step in the
annexation process to make Plan adjustments and to apply
official City zoning to replace the provisional zoning.
8. The proposed amendments are in the best interest of the
community by providing the location for an improved .public
works complex; of the neighborhood by stabilizing a sound
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residential area; and of local economic interests by providing
a new location for light industrial development.
9. Essential public facilities and services for existing uses
are available. Improvements to those facilities and the
extension of new utilities may be required of future new
development.
10. The proposed Comprehensive Plan Map amendment, as shown on
Exhibit "A" is consistent with the City's adopted criteria as
contained in the Comprehensive Plan.
11. The proposed amendment to the City's official Zoning Map,
as shown on Exhibit "B" is consistent with the City's zoning
criteria contained in the Zoning Ordinance.
Based on the record developed, the Bremerton Planning
Commission recommends Council approval of the Comprehensive
Plan Map Amendment and the Zoning Map Amendment for the
Bremerton Heights Annexation Area.
Mildred Sommers, 102 So. Oyster Bay Avenue, owner of five
pieces of property in the annexation area, stated she is in
support of the proposed changes. Also, another neighbor, Mr.
Murphy who also owns property in this area, requested her to
speak for him that he also favors the proposed amendments.
Mrs. Sommers explained she had discussed the possibility of
developing her properties, under the "Industrial" designation,
with a realtor. If it was excluded from the "Industrial"
designation, she felt the area was not desirable to develop
homes on her property due to the close proximity of West Park,
nor could she afford to put housing in that area. She urged
Council to include her property in the "Industrial"
designation.
Audrie Walker, Beach Drive, Port Orchard, stated she
is against this proposal and felt it would take away a
supplement to her income that she now receives. She explained
her attachment to the site and why she did not want it
included in an "Industrial Zone". She was under the
impression that the City was in some way taking away her
ownership of her property through the amendments. President
Horton clarified the fact that just the zoning designation was
changing and no one was taking her property rights away from
her. Mrs. Walker stated even though she now had a better
understanding of the situation she did not support the
proposal as presented.
Bill Shaw, 112 Oyster Bay Avenue, property owner directly
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south of Mrs. Sommers" property, stated he was a little
confused on how the properties were laid out on the
Comprehensive Plan for "Industrial/Business Park". He
questioned if the Comprehensive Plan, as proposed, would
indicate the eventual zoning? Mr. Hough stated the
Comprehensive Plan was adopted in 1986, a 20-year plan for the
City and it is long-range future of what the City has visioned
for the future and zoning is generally based on the
Comprehensive Plan. Even though it was residentially zoned in
the County and a portion of this area is proposed to be
residentially zoned, it is based on what is there now not on
what will be in the future. Mr. Shaw questioned between now
and 2016, is it the desire of the City to have that entire
portion eventually zoned "Industrial? Mr. Hough emphasized
they are also working on a Growth Management Act Comprehensive
Plan, which has new requirements that were not required in
1986. The City will be reviewing all Comprehensive Plan
designations over the next couple of years and it is very
possible that the designation in this area could change.
Therefore, he could not say that this is definitely what will
happen over the next 10-20 years. Mr. Shaw stated he agreed
with Sommers that the area designated for "Industrial" would
probably be better suited for that purpose judging by the
proximity of the Public Works Complex and the general feeling
of the neighborhood. However, it was his understanding that
if it is changed to "Industrial" zoning designation that there
would be an increase in tax liability for the current owners,
whether or not it was being used for "Industrial" use or
single family residents. If that is the case, then he wondered
if there was some way to tax the property according to its
current use even though it was to be zoned at
"Industrial/Business Park". If it is designated single family
residents now, he would like to see that continued along with
that tax structure. He questioned if the residential area
remained under the "Single Family" residential designation at
this time, is it a long drawn out and expensive process to
request a change to another zoning designation later?
Mr. Hough stated in regard to the question on tax assessment
issue, it is staff's feeling that the taxes would increase,
however, he did not know that positively because the Assessors
and Appraisers don't necessarily follow the City's zoning.
There are times when they will appraise something for its
highest and best use, which is not necessarily what the City
would like that property used for. In this case, they may
look at the subject properties and say it is zoned
"Industrial", but there is no chance it will develop because
it is an existing residential area. On the issue of timing of
the rezoning, he had talked with Mrs. Sommers about the
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possibility of her not finding someone to develop her
properties for quite some time and that the taxes may be
raised due to the change in zoning. Mrs. Sommers responded
that she was not concerned and was willing to take the chance
and had already discussed such development with a realtor who
felt there may be a good chance of attacting some small
industrial park type development. There is a shortage of
"Industrial/Park,, land in the City at the present time and it
is more difficult to change the zoning from residential to
"Industrial" then it is to zone it "Industrial" then change
back to residential. Mrs. Sommers is willing to take the
chance of having higher taxes in order to attract some small
development along Oyster Bay Avenue.
In reference to a property owner going through the rezoning
process, he noted if the Comprehensive Plan stays
"Industrial/Business Park" that would support an Industrial
zone whether it is "Industrial/Park,, or "General Industry", or
even "Neighborhood Business". Someone could apply for a rezone
at any time which costs $200.00 for the application and
environmental review. That process takes between 3-5 months,
requiring public hearings before the Planning Commission and
the City Council.
Mr. Waibel cautioned Council that they could not get into a
monetary consideration. President Horton stated she was
looking for clarification for the citizen rather than for
Council's consideration. She felt it was only fair that the
people who are affected know what the ramifications are. Mr~
Hough stated currently the proposal is to zone a large portion
"Industrial/Business Park".
Mr. Colvin questioned if Council approves the "Industrial"
zoning designation, how adversely would that affect Mrs.
Walker's property? Mr. Houqh stated it would difficult to say
because there was no development proposal at this time. There
are houses currently on the small lots and Mrs. Walker's
property is a rental property, she personally lives elsewhere.
If a developer should come along there are standards in the
"Industrial/Business Park" zone, that is tailored to fit
adjacent to residential area, i.e., requiring some additional
setbacks and buffering. It is possible that the Sommers'
property could be developed into some type of industrial type
business, which could isolate the Walker property between it
and the City's Public Works complex and may not be a pleasant
place to live. On the other hand, there are setbacks,
buffering and noise limitations that would be applied to
minimize the adverse affects. There are some problems'once a
property is zoned "Industrial" that makes the houses non-
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Page 26 of 31
conformities.
#2541 M/S/C/U(Collins/Estes) to pass Resolution #2378, amending the
Comprehensive Plan Map of the City of Bremerton in the
Bremerton Heights Annexation Area.
#2599 M/S/C/U(Collins/Colvin) to approve Ordinance, on first
reading, amending the Official Zoning Map of the City of
Bremerton to apply City Zoning to the Bremerton Heights
Annexation Area.
Councilman Russ Johnson left the meeting at 8:30 P.M.
6C - CONTRACT FOR ALS TRANSPORT BILLINGt ~AB9Z-047
Staff has completed negotiation of a Professional Services
contract with the firm Systems Design, Inc., to provide the
City with patient billing for ALS transport services. ~he
contract is for the period January i through June 30, 1992,
and may be extended for additional six month periods.
Rich Hanna, City Treasurer, apologized for the disparity
between the inception of the contract and the current date -
there has been ongoing negotiations between himself and A1
Duke, the City's Medical officer and the service provider.
The City is currently receiving services from this contractor
and have been satisfied with services received up to this
point.
Public comment - none.
Mr. Waibel wanted to make sure the City is in compliance with
the City Charter and questioned if there should be language
included in the contract that addresses no extensions beyond
the 10 year limit? Mr. Hanna pointed out the extension
periods are six months, not six years. Jim McNamara,
Assistant City Attorney, stated language could be added
providing for the te~m of the contract shall not exceed 10
years. Mr. Hanna stated he believed the contractor would not
be opposed to that amendment.
Mr. Dawkins questioned if this item went out for bid? Mr.
Hanna stated no, it is a Professional Services contract. Mr.
Dawkins expressed concern over the City doing business with a
business located in Silverdale. He questioned if anyone else
was considered? ~r. Hanna explained they had contacted the
medical community and the two firms that were highly
recommended were located in Silverdale and Seattle. Mr.
Dawkins questioned~ if this firm had a Bremerton business
license? Mr. Hanna stated yes. One of the reasons the
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February 19, 1992
Page 27 of 31
subject firm was selected was its close proximity to
Bremerton.
#2915 M/S/C(Waibel/Colvin) to authorize the Mayor to sign the
contract with Systems Design, Inc., for ALS transport billing.
Vote: In Favor: Overson, Estes, Fitz, Waibel, Horton
Opposed: Collins, Dawkins, Colvin
Motion carried.
Mr. overson questioned if Council would see this item at the
six month interval extensions? Mr. Hanna stated yes, if
Council so desired. Kathleen McCluske¥, City Clerk, explained
when an extension is provided for in the contract, typically
it is extended administratively.
Presi4ent Horton invited Sharon Tucker of Olympic Ambulance to
speak. Sharon Tucker, stated when the City was looking to go
into the ALS transport business, Olympic Ambulance had offered
their billing service to the city. Their intent, at that
time, was to work cooperatively with the City and they do have
a very effective program and their collection rates are
probably higher than anyone in the State.
Mr. Colvin stated he was not questioning the integrity of any
elected official or City employee, but questioned if anyone
from the City Council or city staff owned stock in this firm.
President Horton stated if anyone on the Council had any
interest in this firm who was making a decision on this item
needed to step down from discussing or voting on this item.
Mr. Dawkins questioned the cost of the proposed contract? Mr.
Hanna stated the current year's budget is $27,500.
Mr. Collins questioned why Olympic Ambulance was not
considered as a provider for this service? Mr. Hanna
explained this is a Professional Services contract and no
formal bid call or advertising was issued. They met with
representatives from Kitsap Physician Service and others
involved in the provision and billing for medical services in
the community and two firms were recommended as the best
alternatives for providing this type of service to the City.
President Horton pointed out this contract does go through
June 30, 1992, and may be extended, but in the interim time
she saw nothing wrong with Olympic Ambulance presenting some
type of proposal to the City. Mr, Collins stated he felt it
was an oversight on the part of City staff to not look at a
local business.
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February 19, 1992
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Mr. Estes questioned if the Fire Department was still
considering undertaking the billing service in-house? ~l
Duke, Fire Department Medical Officer, stated that had been
discussed during the budget hearings and they determined it
was not yet feasible to do it in-house. It was their intent
to consider it this year, however, the City Council and Mayor
were not supportive in funding additional personnel to carry
out that task. He anticipated discussing the in-house service
during the 1993 budget discussions.
Mrs. Fitz questioned if there would be any conflict of
interest for Olympic Ambulance to handle the City's billing in
the future. Mr. McNamara stated initially he did not see any
problems, and he would look into the matter.
TAPE ~996
Mr. Colvln questioned if Mr. Hanna had made it publicly known
that the City was seeking this service? Mr. Hanna stated no,
as previously stated because it is a Professional Services
contract there was no public notice posted.
Vote: In Favor: Overson, Estes, Fitz, Waibel, Horton
Opposed: Collins, Dawkins, Colvin
Motion carried.
7A - ORDINANCE (FIRST READING) ESTABLISHING OPERATION OF
AMBULANCE SERVICE WITHIN THE CITY LIMITSt ~AB92-030
This ordinance is a revision of BMC Chapter 5.50. It deletes
the Chapter in its entirety and establishes an ordinance in
line with Federal, State RCWs as well as local requirements.
It establishes a rotation policy for current and future
participants, eliminates a 3-ambulance requirement and
implements a performance-based criteria. The ordinance allows
the Council to approve rates for 911-initiated calls only.
A1 Duke, Fire Department Medical Officer, stated he met with
representatives from the ambulance companies and discussed
suggested changes they had brought up and agreed to include in
the ordinance. One of the main issues discussed was setting
rates. During a Study Session it was stated Council wanted to
regulate only the 911 rates, which has been included in the
Council packed. The rate proposal will be presented at second
reading of the ordinance. At that time an issue will come up
that whatever the 911 rate is they also have to have that same
rate in their private business - they cannot have two
different rates. President Horton noted it was suggested in
the Study Session that perhaps Council approve a "cap"~on the
high side of the rates which would give the latitude for the
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City Council Reg. Mtg. Minutes
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Page 29 of 31
companies to set rates up to that cap.
Public Comment - none
Mr. Dawkins emphasized if this ordinance is approved, anyone
could own one ambulance and start up an ambulance service in
the City. Mr. Duke stated yes. The ambulance companies are
on a one month rotation cycle for answering 911 calls. ~N,
Dawkins expressed concern over the possibility of several
ambulances responding to an emergency. Mr. Duke explained if
someone came in with just one ambulance and they failed to
respond with a back up vehicle, they would be fined for not
responding as required and if this happened a specific number
of times, their license would be suspended due to their not
being able to provide the service. President Horton pointed
out under current rules there is no restriction against anyone
who wanted to apply for a Business License to provide
ambulance service no matter how many other ambulance companies
already serve the City. Mr. Waibel pointed out there is not
even a requirement that they have one ambulance.
#0131 M/S/C(Waibel/Estes) to approve Ordinance, on first reading,
repealing Chapter 5.50 of the Bremerton Municipal Code and
adopting a new Chapter providing for ambulance service
licensing and rotation of providers of 911 requested calls
within the City of Bremerton.
Vote: In Favor: Overson, Estes, Fitz, Waibel, Horton,
Collins, Colvin
Opposed: Dawkins
Motion carried.
7B - ORDINANCE (FIRST R~DING) ADOPTION OF AMENDMENTS TO
BREMERTON SHORELINE MASTER PROGRAM, ~AB92-048
On August 15, 1991, the City Council adopted Resolution #2358
- a resolution of notice of intent to adopt amendments to the
Bremerton Shoreline Master Program. The amendments address
public access, shore modification, view protection, moorage,
Kitsap Lake and Bog, and various administrative "housekeeping"
amendments. The amendments also include Environment
Designation Map amendments. The Washington Department of
Ecology (WDOE) adopted the amendments on February 5, 1992.
The City Council now needs to adopt those amendments by
Ordinance.
Ron Hough, Planning Manager, stated this is the final
formality in adopting these amendments to the ShorelineMaster
Program. The amendments were approved by the City Council
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City Council Reg. Mtg. Minutes
February 19, 1992
Page 30 of 31
passed through a Resolution of "intent to adopt". Those
amendments were then submitted to the State and they in turn
granted approval.
President Horton stated this issue originally went through a
public hearing and Mrs. Fitz was not seated as a Council
member at that time' and the proposed action is a follow up to
action taken at that public hearing. She questioned if Mrs.
Fitz could sit in on this issue without having gone through
the prior hearing? Jim McNamara, Assistant City Attorney,
stated as he understands the situation Mrs. Fitz could only be
seated had she reviewed the minutes, video tape or audio tape
of the prior Council hearing. Mr. Collins pointed out this is
an ordinance, which has nothing to do with previous Council
action, which was the passing of a Resolution completing a
piece of business. The Resolution was the vehicle used to
forward the amendments to the State for their concurrence.
Now, the State has granted their concurrence of changes made
to the City's Shoreline Master Program. Mr. McNamara stated
the scope of public hearing would be the underlying hearing
that went into what Council has before them at this time. Mr.
Collins noted the State Department Of Ecology deleted 15 pages
out of the Plan and questioned if that would require a second
public hearing? Mr. Hough stated normally, if there is a
significant change to something that had passed through
Council it would be remanded back to the Planning Commission
and they would review it and hold a public hearing to bring
forth a new recommendation to Council. If the issue went all
the way back to the Planning Commission and their review
resulted in a new recommendation, then it would be appropriate
for Mrs. Fitz to participate on that issue. At this point,
there have been no changes, at the State level, and was
adopted by them as presented.
Councilman Fitz stepped down from hearing this issue due to
her not being seated on the Council at the previous public
hearing.
Public comment - none.
Mr. Overson questioned if Council was allowed to change this
document at this time? Mr. Hough stated at this point it
would be very difficult and would have to go back through the
a new amendment process.
#0463 M/S/C/U(Overson/Estes) to approve Ordinance, on first reading,
adopting amendments to the City of Bremerton Shoreline
Management Master Program of 1977 which promulgates shoreline
management policies and use regulations consistent with the
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City Council Reg. Mtg. Minutes
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Page 31 of 31
State of Washington Shoreline Management Act of 1971, as
amended.
Councilman Fitz returned to the Council meeting.
7C - ORDINANCE NO. 4364 (SECOND READING) AMENDING THE 1992
BUDGET/DEPARTMENT SECRETARY-POLICE DEPARTMENT, ~AB92-03R
Public comment - none.
%0500 M/S/C(Overson/Estes) to pass Ordinance %4364, on second
reading, amending the 1992 Budget for Police Department
staffing and Appendix A-111 and amending Ordinance %4351.
Vote: In Favor: Overson, Estes, Fitz, Horton, Colvin,
Dawkins
Opposed Waibel, Collins
With no further business meeting adjourned at 9:09 p.m.
KATHLEEN McCLUSKEY, Deputy City Cler~k~
/
LY~ HORTON, Council President
City of Bremerton
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