HomeMy WebLinkAbout02/12/92 TAPE #992 UNAPPROVED DRAFT ~
CITY COUNCIL MEETING MINUTE8
FEBRUARY 12, 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 12, 1992, at 5:30 p.m.,
with Council President Lynn Horton presiding. Council members
present: Lon Overson, Eileen Fitz, Hank Waibel, C.R. "Tiny"
Collins, Morrie Dawkins, A1 Colvin and Russ Johnson. Councilman
Wayne Estes was absent. Also present were City Attorney Ian
Sievers and City Clerk Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by President
Lynn Horton and the Invocation given by Reverend Clayton Bonar of
Bremerton Church Of The Nazarene.
CONSENT AGENDA - None
CLAIMS/WARI~%I~T 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
has been made available to the council.
%0029 M/S/C/U(Waibel/Fitz) on February 12, 1992, the Council does approve
for payment those vouchers included and further described as
follows: 144212 through 144363 in the total amount of $432,921.74.
COUNCIL MEMBER REPORTS
Mr. Overson reported he attended a meeting, on Monday evening,
relating to parking in the downtown. Discussion at this meeting
centered on some interesting ideas and it is hoped improvement can
be made in the parking situation, however possible. He encouraged
the public to send in their suggestions.
Mrs. Fitz stated this is National Vocational Education Week and she
encouraged everyone to tour the "Vocational Skill Center" to see
the facilities and products of student training.
Mr. Colvin stated he had the privilege of attending the AWC
Legislative Conference on February 5 and 6, along with Councilman
Collins. He felt they had a very fruitful meeting as well as
having the opportunity to meet with State Legislators Paul
Zellinsky, Karen Schmidt, Ellen Craswell, and Tim Sheldon. He
reported, with all our ills, Bremerton is not doing too bad after
all - other cities are also having difficulties. While traveling
to Olympia for the AWC Conference, he drove through some beautiful
countryside and stopped to tour a modern dairy farm.
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Mr. D&wkins noted continuing work going on, by Puget Power,
undergrounding power utilities in the downtown area.
Mr. Collins noted the City Council and Mayor have been taking quite
a beating about the proposed Pre-Release Facility. When meeting
with State Legislators during the AWC Conference, it was pointed
out that the "city" doesn't know what it is doing - one side is
saying one thing and the other side saying something else on the
Pre-release issue. He suggested Council adopt a Resolution setting
forth their support on this issue.
#0214 M/ (Collins/ .... ) to approve a Resolution stating the following:
"Be it resolved by the Bremerton City Council, and the Mayor
concurring, that the City of Bremerton supports the siting of the
Pre-Release Facility now under review by the Department of
Corrections in the greater Bremerton area. However, the Department
is urged to extend the scope of their site review to include those
sites originally identified by the Mayor and Citizen Committee and
attached hereto. The City believes these other sites are more
compatible with long range planning than the site now under
consideration. The present site is located in an area needed for
future multiple and single family residential growth".
President Horton questioned if Council comes to the point where
this issue is brought before them as a land use issue and Council
has adopted this kind of resolution, what does that do to their
ability to sit on a land use decision? She did not want to negate
the ability to hear such an issue and have to turn it over to a
Hearings Examiner. Ian Sievers, City Attorney, stated on the
appearance of fairness problems, as suggest a week or two ago, if
this site is requested or applied for by the Department Of
Corrections somewhere in the City, the City will be asked to
approve a Special Conditional Use Permit as part of its zoning
process. He believes the proposed resolution was phrased
appropriately in terms of the scoping review that is now going on,
and does not take a position prior to Council hearing that
application on whether Council would approve or reject it - Council
is simply passing on its opinions that better or more appropriate
sites should be considered. He did not think this would qualify the
Council prejudgment on the application that might come later. Mr.
Colvin questioned if he was correct in that if he seconded the
motion he would not be disqualified from sitting on the hearing of
this issue at a later time? ~r. Sievers stated he did not believe
so and that the resolution was in the nature of an appropriate
scoping comment. Mr. Dawkins questioned if the State Attorney
General's Office would agree with Mr. Sievers' opinion? Mr.
S~evers stated he was not sure what position the Attorney
General's office would take, however, he assumed they would agree
with his opinion on that point. There is another doctrine that if
this motion passes it would be by majority and doctrine of
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necessity would say that when you receive a quasi-judicial matter
later and so many people on the Council are disqualified because of
the appearance of fairness doctrine that it deprives the city of a
quorum of Council members to act on that quasi-judicial matter,
that the Council members can set back up and take the action. He
assumed if by definition this motion passes, the majority would be
disqualified than therefore would be able to reseat themselves on
the application later.
Mr. Colvin stressed Mr. Collins did not state that he would not
support section of the current site under consideration and
questioned if the City Attorney felt Mr. Collins inferred that at
all? Mr. Sievers stated he believed Mr. Collins' proposed
resolution intended to infer that there are better sites but not
that Council would reject the application or has made a decision on
the application at this point. And, certainly any application is
largely dependent on mitigating conditions that might be proposed
in the final application that may result from this environmental
review process.
President Horton suggested changing wording in the resolution to
say that this City believes other sites may be more appropriate
rather than "other sites are more appropriate", that would leave
the window open for some latitude in that Council is not saying
these are better and making a predete£.Lined decision on any site.
Mr. Collins agreed to change the wording "are more" to "may be".
Mr. Overson pointed out presentation of this resolution at this
time was not being done as it usually is, i.e, publishing it in the
Council packet, which would give the public an opportunity to know
what was in it. He was uncomfortable from "shooting from the hip"
on this proposal without doing it through the normal process.
Mrs. Fitz expressed concern that she did not have a copy of Mr.
Collins' proposed resolution in front of her, in final form. She
did not like being asked to approve something she did not have the
opportunity to read/study ahead of time.
Mr. Waibel explained the scoping phase of this project had been
already passed and in fact the State was already in the E.I.S.
stage and had eliminated the other options. He was afraid all the
State would see would be the first sentence of the Resolution
and that is that we support siting such a facility in Bremerton.
Therefore, he would not support the resolution as presented.
Mr. Dawkins stated he understood Mr. Collins' intent in presenting
this resolution, however, he did not like wording that states "the
City of Bremerton supports siting of the Pre-Release Facility now
under review of the Department ..... " He felt it sounded like
Council was supporting it on one hand but asking them to do
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something else. He suggested just keeping Council's "hands off"
until it came before them.
Mr. Johnson stressed if the resolution is passed as presented, that
language will be twisted around to a one sided thing that would get
jammed down Council's throat in the future. The scoping process to
date has been totally inadequate and incomplete. In his opinion
the things on the Mayor's list were given a cursory look by the
Citizens Advisory Committee and until they get a complete look this
scoping process is not complete, however, the State's answer would
be that they had already looked and rejected it. Then, all that is
left in the Resolution is that the City wants such a facility
located in Bremerton in the worst way. He did not believe this was
Mr. Collins' intent nor that of the Council. Mr. Collins stated
had the Attorney allowed him, he would have drafted different
words, however, what he was trying to say was that the Mayor's
original sitings were not considered and the current proposed site
came out of "left field". He felt the City needs to go back to the
Department Of Corrections and ask them to reconsider other sites.
President Horton stated if the intent from Council is in fact that
they feel the siting process was not complete, then maybe a
resolution to that affect would be appropriate. Mr. Collins
questioned if that wasn't what he just stated? President Horton
stated no. Mr. Waibel stated Council should probably be saying
that we would like for them to stop any further action until they
have done it right. President Horton stated she was not in favor
of engineering something to this affect at this point because this
process will be several months long. She recognized the fact that
there is a public meeting on this issue this evening and questioned
if it was the intent to present Mr. Collins' resolution at that
meeting? Mr. Collins stressed it was his intent to let the
Department of Corrections know that they had not looked at every
possible site and only one site was being seriously considered.
President Horton pointed out Mr. Johnson would attend that public
meeting and she felt he would convey that initial message and in
the meantime effort can be made to develop a resolution with that
language by next Wednesday. ~r. Collins re-emphasized the
observation by State Legislators that Bremerton officials did not
agree on what they wanted to do with the proposal to site a prison
in Bremerton. With a resolution at least Council could stand up
and say "you have not done an adequate job looking at the area".
And, Council needs to, as a City, say whether we want such a
facility and has everything been looked at. Mr. Waibel stated what
we really need is for the residents of the City of Bremerton, who
can speak without having to worry about future quasi-judicial
hearings, to come out as they have in other parts of the State and
state whether or not they feel that is the appropriate siting for
such a facility. Mr. Overson stated Mr. Collins' interest is
correct but he wondered if this was the vehicle and questioned if
this was the time. Mr. Johnson stated he believed Mr. Collins was
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on the right track and his comments to be made at the public
meeting will pertain to the due process that has gone on to date.
After the State makes their presentation on their process, there
will probably be an analysis made finding it to be an incomplete or
unacceptable effort to date. Maybe, in response to that analysis,
Council could prepare a very strong resolution on what they feel
needs to be done so that all sites have been given adequate
consideration. President Horton stressed she did not want to end
up doing something that will be regretted later. She wants to make
sure that anything that is done will be to the City's benefit. Mr.
Waibel stated this is a very complex issue and that is why it is
very difficult to construct and he did not know how to convey that
in a resolution at this time. Mr. Johnson stated he had heard
reports about Senator Mattson, of Pierce County, coming out loud
and strong against having the Pierce County site selected for such
a facility. With that kind of reaction he imagined the Department
of Corrections would be looking for any little crack that they
could find a positive thing to take action. He did not want the
City of Bremerton to offer them that "crack" inadvertently unless
it is done properly through the process. President Horton stated
from the beginning no one has known what the process was. The
committee that was charged to look at this issue never had a clue
what their responsibility really was, which was not a Council
committee and not under the auspice of a Council mission. She felt
Mr. Waibel and Mr. Johnson were right on target that the City
needs, at this point, to specifically target the process that the
State had gone through has, in fact, been flawed. This will keep
Council on the straight and narrow with options open and still
allows Council the latitude to sit on land use hearings later. Mr.
Collins pointed out the E.I.S. review is on one single site. Mr.
Johnson emphasized that was the concern several Council members
were sharing. Mr. Waibel did not want anything said by Council to
be construed by the citizenry that they do not themselves need to
react what they think about that site. Mr. Colvin stated he did
not want Mr. Collins' intent to be construed that he was favoring
one site over another. He felt Council should "back off" due to the
possibility of something stated at this time being taken out of
context. President Horton questioned if Mr. Collins wished to
press forward with his motion? Mr. Collins stated he would
withdraw his motion if he could prevail upon the Mayor to relate
what transpired at a recent prison hearing. Mayor Louis Mentor
explained this was not a hearing but rather a meeting set up with
Representatives Karen Schmidt, Paul Zellinsky, Tim Sheldon, and
Dave Savage from Department of Corrections. The discussion
included pros and cons of what was going on and he made those
Legislative representatives aware
how he felt about locating the Pre-Release Facility in Bremerton
and how he felt the citizens felt on this issue. All nine Kitsap
County Legislative representatives sent a letter to the head of the
Department of Corrections stating that they did not feel the site
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in Bremerton should be considered and should be withdrawn from the
E.I.S Study. Also, prior to this meeting they had all individually
called the Department Of Corrections and let them know of their
position on this issue. A member of the Department of Corrections
did have a misconception that people in the City of Bremerton were
supportive of this siting. This misconception had also spread to
comments being made in Pierce County public meetings held on this
issue. Mayor Mentor will attend the meeting this date and will be
speaking as to how he feels and how 80% of the citizens feel about
the prison siting. Mr. Johnson stated if anyone had difficulty in
forwarding their comments to the Department of Corrections, they
could forward such comments to the Mayor or Council Offices, to be
forwarded to the appropriate destination. Mr. Collins withdrew his
motion.
Councilman Johnson left the Council Chambers at 6:10 P.M.
PUBLIC RECOGNITION
Mayor Louis Mentor read a Proclamation acknowledging contributions
of members of the Engineering profession and proclaiming February
16-22, 1992, as ENGINEERS' WEEK. Councilman Lon Overson accepted
the Proclamation and stated Engineers help everyone and everything.
Mayor Mentor reported he attended a parking meeting held Monday
evening. He attended a Prayer Breakfast this date, along with
Councilman Colvin. The guest speaker at this event was Carol Belas,
Kitsap County Treasurer. He announced the Community Unity Banquet
will be held Saturday, February 15, 1992, and the USS Truxton will
also be returning to port on Friday.
Betsy Harris, Animal Control Officer, presented the "Pet Of The
Week" - Tootsie, a 2 year old female pure bred fox terrier.
6A - INFORMATION ITEM - BREMERTON OVERWATER PARK UPDATEr ~AB92-034
Dave Baker, City Engineer, reported he had issued Monthly Report #4
and was pleased to say the project is still on schedule and is
still within budget. The pile caps beyond the pump station (near
the Turner Joy) are being poured this date and it is anticipated
those pile caps will be completed by February 27, at which time
planks will be placed on them expanding the boardwalk area.
Concrete was poured between the planks on the southern part of the
boardwalk this date, which ties them together and forms one
continuous surface.
Mr. Colvin stated his appreciation for Mr. Baker's reports on this
project.
Mr. Waibel questioned what change order #7 and
Baker stated he did not have that information at this time,
however, he would provide it as soon as he looked it up. If some
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of the change orders were numbered and then discarded, the number
would not be used again. There were some change order proposals
that were considered but a decision made that they were not valid.
Mr. Waibel stated he hoped the attachment list was not updated from
the previous project report since it states in the body that the
estimated cash was dated January 31, and yet the attachment list
talked about December 12 and December 31 as the listings for this
attachment? Mr. Baker stated the cash flow list that was shown in
the report is actually up to the end of January.
Mr. Overson echoed Mr. Colvin's compliments and noted this
structure is impressive from two standpoints: (1) project is moving
right along; (2) its size!
Mr. Colvin requested an explanation how change orders come about,
such as Change Order Proposal #3. Mr. Baker stated Change Order
proposal #3 was to provide a gangway and utilities to the Turner
Joy, which included some changes in the overwater park structure,
modifications to a gangway and the design for sewer/water/power
from the shore out to the Turner Joy. Mr. Colvin questioned if
that was in the original plan? Mr. Baker stated no it was not.
Mr. Waibel raised the question of an updated map of the project and
requested, in the near future, that a new updated map be provided.
Mr. Baker stated he did intent to provide an updated map. He noted
a larger map along with some pictures showing the progress of the
project was posted in the Council conference room
President Horton stated she was again concerned with the cash flow
payments and the fact they seemed to be lagging. She questioned
the reason why the billing was so delayed? Mr. Baker stated there
is a reason - that being the project started two months later than
anticipated. He pointed out July and August had no cash
expenditure and the project did not really get started until early
September and even then it was at a slow rate. In the month of
October considerably more funds were expected and expenditure of
funds in December was lower than expected. President Horton
questioned since we started two months late did this mean that the
project would be extended two months later? Mr. Baker stressed May
5 was the completion target date for the project. Mr. Waibel stated
he did see a request in the report by the contractor for a 30 day
extension. Mr. Baker explained that extension is for contractual
purposes only...not that he intends to change the project schedule.
The contractor did do some additional things and by law he is
required to ask for the amount of time that would take in order to
cover himself in case something should happen later that he would
ask for that time. It appears there is no reason why that extended
time should not be granted.
6B - PUGET POWER VEGETATION MANAGEMENT PROGRAM IN B~RMERTONt #AB92-
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The Puget Power Vegetation Management Program is preparing to
perform line clearance work for the purpose of system reliability
and safety. Puget Power and the City of Bremerton are both aware
of the strong public sentiment surrounding trees and the
contribution they make to the liveability of any community.
Therefore, both agencies are interested in providing information to
the public to allow full understanding of the scope of the project
and Puget Power's commitment to completing the work with as little
disruption as possible.
Vicki Vanneman, Director of Parks and Recreation, introduced Tom
Brost, a member of the staff from Puget Power, who will provide, as
information only, impending projects Puget Power has planned within
the City of Bremerton. Tom Brost, Division Forester for Puget
Power, stated he is responsible for all line clearance work in
Kitsap and Jefferson counties, representing about 1600 miles of
distribution and transmission lines, i.e., about 90,000 customers
served in these areas. He provided a map showing the areas they
will be working on in the Bremerton area along with some photos,
which deal with safety and reliability issues for the customers in
the City (approximately 12,500 customers served). He reviewed the
type of work planned and their public relations program with City
residents who will be impacted. Mr. Waibel requested a map of the
Manette area. Mr. Overson questioned if Puget Power would take out
the tree shown in one of the pictures that contained a tree house,
swing, and branches between transmission lines? Mr. Brost
explained there can be extensive problems with Douglas Fir trees
growing under power lines. He was already working with the Parks
Department and had conducted a field survey of vegetation on
private property as well as City right-of-way. They are trying to
determine if that particular tree was located on City right-of-way
or private property. Initially they received a call from the
customer to just cut the tree down, however, later they called and
asked that it just be trimmed. He noted they will ultimately do
what is appropriate to provide the safety aspect.
Mrs. Fitz reported recently she read a news article about a similar
program in the City of Port Townsend and that neighborhoods had
banded together and talked with Puget Power as neighborhood groups.
She questioned if that was something that could happen in
Bremerton? Mr. Brost referenced an article that appeared two weeks
ago regarding the tree trimming program in Jefferson County. The
City of Port Townsend has a tree and brush committee, who are
working with Puget Power to develop the appropriate pruning they
desire in their neighborhoods.
Mr. Overson stated from an engineering standpoint an intelligent
move would be to resolve all of this through undergrounding all
electrical wires. Mr. Bros% stated that potentially is a way to go
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and the fact is they have a facility life expectancy of 50 years
and even if they started putting wires underground today they would
still have to maintain the overhead wires that are out there in the
process. He suggested contacting Puget Power's Engineering
Department if there was a specific area they were interested in
seeing about undergrounding power lines.
Mr. Waibel raised the issue of a massive infusion of trees into
lines in the Ivy Green Cemetery area and felt this may be one of
the areas the City would want to look at not destroying the trees,
but to do whatever it takes to underground power lines. President
Horton pointed out that may be an issue that should be discussed at
a later date. From a past experience with the vegetation trimming
work by Puget Power, she understands the intent of their program,
however, she asked that they use a little more sensitivity when
cutting down trees. Personally, she experience a situation where
one of her trees was trimmed extensively on the sides that were
interfering with the lines but left the rest as it was. She
questioned if Puget Power felt it was up to the homeowner, at that
point, to take care of trimming up the other half of the tree?
Mr. Brost stated he understood her concern and that was why they
stress pre-notification of the residents to discuss instances of
radical pruning. The less trimming needed is most beneficial to
the tree and they take that into consideration when work is being
done. President Horton stated that may be true, however, in her
particular case she would have anticipated the whole tree being
leveled off rather than leaving it the way it was after being
trimmed. At that time, Puget Power did not say they were going to
cut 1/2 of her tree down, however, what actually resulted was
disturbing. Mr. Brost stated he would provide some materials that
discussed "utility pruning" so Council members could answer
questions raised by their constituents. He stressed "utility
pruning" was a lot different than "beautification pruning". He
noted there would be notification in the local newspaper
identifying the areas they would be working in and to offer the
public the opportunity to obtain wood chips, a by-product of the
trimming process.
7A - BID AWARD RECOMMENDATION FOR KENNELING SERVICES, ~AB92-036
Call for bids were prepared, advertised, distributed and received
in accordance with accepted Call For Bid procedures for kenneling
services required for the City's Animal Control Program.
This is a two (2) year contract.
Three bids were received and recorded as follows:
OlvmDic Kennel Kitsap Humane Soc. Fairnall Kennel
1st Year $20,000.00 $39,800.00 $36,504.00
2nd Year 20,000.00 42,984.00 36,504.00
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Dog $7.00 $6.00 $7.00
Cat $3.00 $4.00 $5.00
Debbie Goodell, Supervisor of Animal Control, stated she would
standby for any questions Council may have on this issue.
Public comment - none.
Mr. Waibel questioned the 100% difference between the low bidder
and the other two bids? Ms. Goodell explained originally they were
negotiating a proposed contract and it came back approximately 1/2
times more than the amount actually budgeted. The City Attorney
suggested going to bid for this service, which they did. Several
kennels were found that would be appropriate. They modified the
bid proposal from 20, at one animal per run, to 10 that the City
would have sole access to; and if there were 2-3 small dogs that
were compatible then they could be kenneled in one large kennel
run. She noted the lowest bid came in from Olympic Kennel, which
covered kenneling and feeding only. They did not include a request
for fee collection, adoption program, vaccination or euthanasia,
etc. Kitsap County Humane Society's bid included euthanasia and
the services of spay/neutering through their adoption program,
their vaccination program and collections of fees, which would not
have allowed Bremerton's own adoption program. As far as
collections of fees and wording or verbal agreements between dog
owners, the officer that was more familiar with the investigation
could do the actual contract with the owner rather than a
middleman. The higher bids are offering additional services that
the City did not request. President Horton questioned when the
bids came back did Ms. Goodell ask if they were willing to separate
the bid so that the services were identified and the City could
pick the services desired? Ms. Goode11 explained Kitsap County
Humane Society could not break their bid down into separate
services and that was essentially what ended up with the Farinall
bid. Mr. Waibel pointed out in a competitive bid process if
someone wants to bid on services that were not requested in the
RFP, those should be separate from the essential requirements.
President Horton stated technically, when going through a bid
process, if some firms do not comply with the RFP, then that would
negate the RFP. Mr. Waibel stated unless the bids are returned
with the RFP separate and also offering additional services at an
additional price, there is no requirement for the City to go back
and look at them. He questioned who reviewed the bids? Ms.
~oode11 explained she and Gil Johnson, Purchasing Agent, reviewed
the bids.
President Horton noted there was a question at one time about
liability factor in having more than one dog to a run and requested
Ms. Goodell address that issue. Ms. ~oode11 explained it would be
the same liability factor that the City of Seattle, King County,
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Snohomish, City of Everett, and almost every animal control and
humane organization would be subject to. At the point of impound,
it is determined how an animal will be handled, i.e., quarantined,
treated by a veterinarian or kenneled. When an untagged animal is
picked up by Animal Control, they become "wards of the City".
Mrs. Fitz expressed concern about putting more than one dog in a
kennel because of the potential of the kennel cough disease. Ms.
Goode11 explained kennels are prone to spread kennel cough
regardless of how animals are housed, even at a veterinary clinic
unless the animal was previously vaccinated. The greater concern,
when kenneling more than one dog together, is fighting and they
rarely have put several animals together except in the instance of
puppies from the same litter.
Mr. Overson stated it appears the City had spent approximately
$30,000 annual cost for kennel services and questioned how 1992
costs would compare with fiscal outlay if the low bid was approved?
Ms. Goode11 stated she believed it would be approximately the same
as opposed to the kenneling contract. There was only one
expenditure in the $700-800 range that they had hoped to obtain
this year. Mr. Overson noted he believed there was a difference in
transport time between the previous kennel and Olympic Kennel. Ms.
~oo~ell explained travel time from the City to Olympic Kennels is
approximately 13 minutes. Mr. Overson stated Animal Control is a
highly visible activity and questioned if the City was already
using Olympic's services? Ms. ~oode11 stated yes. Mr. Overson
noted the proposed contract did have a 30 day termination clause
and expected the City to use that in the event something went wrong
with services to be provided. Ms. ~oode11 stated yes - Olympic
Kennel has been in business for five years and she was very
impressed with its cleanliness. She visited this kennel
unannounced on a weekend prior to Christmas and found the kennel
was full and well kept.
Mr. Collins questioned if a stray animal was picked up and was
immediately inoculated would that animal be safe from any diseases?
Ms. ~oodell stated no, it depends on the animal. The City of
Seattle started such a program, however, it takes up to 21 days for
a good immunity to be established. Incubation periods, depending
on the disease, range from three days up to 14+ days. She does
vaccinate every animal that is adopted and ones they think they
will be able to adopt or if they know that an animal will be kept
long term, such as in the event of a court case involving a vicious
animal. They cannot vaccinate quarantined dogs during their
containment period.
Mr. Colvin requested a representative from Farinall Kennel speak on
their perception of the bid package proposal. President Horton
stated before having someone from Farinall Kennel speak she
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requested Gil Johnson, Purchasing Agent, respond to Council's
concerns over the RFP process and whether or not it was clear what
the City was requesting. Also, were there any calls made to
bidders clarifying the RFP? Qil Johnson stated the terms and
conditions of the bid were submitted to all organizations that
requested them, the advertisement for bid was published in The Sun,
and there was a list of specifications required that prospective
contractors responded to. He did not receive any calls during the
bid process time from any organization. President Horton stressed
if it was very clear in the RFP that the City only wanted services
listed and if they provided more services it was incumbent upon
them to break those services out. Mr. Johnson stated the
specification for the services were prepared by the Animal Control
Division, under Ms. Goodell, and appeared to be very specific on
what were appropriate levels of service. Ms. Goodell stated
Olympic Kennel's bid would have included handling of paperwork,
however, it was the Departments desire to handle it themselves.
The only amendment they made on anything was that said runs with
indoor and outdoor areas as opposed we would allow just indoor.
Most facilities located within a reasonable driving time are indoor
kenneling facilities. President Horton noted Council had heard the
City's process and Mr. Colvin was welcome to call on someone else
to speak on this issue if he wished. Mr. Colvin stated his only
concern was that he wanted to be fair to both parties and if
everything was fair and aboveboard then he was satisfied. Mr.
Waibel encouraged hearing additional information before making a
decision. Lorraine Martinez,14637 NW Holly Road - co-owner of
Fairnall Kennels, stated she was concerned with some
misunderstandings. She reviewed the process of call for bid and in
that bid there was specifications calling for specific amounts of
chain link runs, so many cat units for cats and dogs, facility to
be open so many hours per day, so many days per week; and very
importantly facility will be staffed by personnel trained and
qualified to perform animal care, feeding, adoption program
services, perspective owner screening and temperament testing,
promptly remitting licensing fees and fines to the City. She
questions now how anyone could go for a bid when she finds out now
there will be no paperwork required of the kennel, nor interacting
with owners or licensing. She had talked with Kathy McCluskey,
Director Of Administrative Services, and said there had been some
miscabobulation going on in negotiations - it was made clear to her
in negotiations, during the first call for bid as well in the
second call for bid, that these were the basic requirements and
services rendered...the entire adoption program would be handled at
the shelter. President Horton noted when preparing a bid it is
very helpful to have specific items broken down rather than a lump
sum so when it comes time to negotiate can be determined where it
may be adjusted. Mr. Waibel stated if what Ms. Martinez stated is
in the second request for proposal, including those qualifications
and the ability to remit, then the $20,000 was not responsive to
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February 12, 1992
Page 13 of 19
that bid. Ms. Martinez stated they responded knowing that they
would have the adoption program, which they handled for several
years and knew the responsibility level and they did see an
advancement in the adoption program, which they advocated and
solicited to the Council in past years. They were then asking that
we would be housing the animals, showing them and handling that
responsibility for the City, which they agreed to do. President
Horton questioned when Ms. Martinez made the proposal was it one
lump sum or was there an itemized breakdown of services. Ms.
Martinez stated there was never any call for breakdown in the bid -
it was blatantly on the contract in the contract language to
facilitate and house as many animals as the City of Bremerton would
bring and the only breakdown was itemizing the auxiliary runs. The
entire proposal was presented to accommodate the minimum
specifications on the first proposal and the second call for bid
eliminated the minimum but did say: "the City of Bremerton will
accept sealed bids from qualified firms to facilitate and full care
services of the animals for its Animal Control Program. Contractor
agrees to provide the following facilities and services as
specified here and in the attached services agreement". Her
proposal was submitted to not only house the animals but to handle
the adoption through the guidelines of Bremerton Animal Control.
They did have some disparity when it came to immunizations. She
stated for the record that going through animal shelters not only
in Kitsap or King County but throughout cross- country travels,
there is sometimes a call for need based on housing facilities to
double up animals within good ration. There have also been many
lawsuits that have facilitated cities and counties who have had to
do that. We are talking about a contracted private boarding
facility to accommodate quality service for your citizens and
animals they hold. Kitsap County Humane Society regulates kennels
in Kitsap County and they would be the first to emphasize that such
a private kennel should know better than to house several dogs
together in one kennel run. President Horton called for a wrap up
comment by Ms. Martinez. Ms. Martinez stated in conclusion, that
was the way the proposal was sent and that was what they bid on in
the relationship that they understood to be both proposals in both
October and December. Mr. Collins questioned if Ms. Martinez
understood they were bidding only on the second RFP and nothing
that had transpired before? Ms. Martine~ stated yes, they bid on
the second and she noted October's proposal was identical to
December's except for a different call for number of runs. Mr..
Collins questioned if Ms. Martinez understood she was bidding on
only specific items? Ms. Martinez stated yes, kenneling, the
adoption program, temperament testing. Mr. Collins stated if his
understanding was correct, Ms. Martinez was not bidding on any kind
of adoption program as it was not requested. Ms. Martinez stated
it was her understanding that by the literature she received that
was how they bid.
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City Council Reg. Mtg. Minutes
February 12, 1992
Page 14 of 19
Mr, Overso~ emphasized the discussion should center on a specific
contract and there is a process for protesting contracts and what
was being done at this time was hearing a protest, which is not
Council's function. Presi4ent NoNton stated what Council is trying
to ascertain is whether or not the bid document was clear and
concise. Mr. Overso~ stated if that is the case, Council needs
copies of all documents so they can be studied.
Mr. Waibel stated because of an incongruity in bid prices, he would
like to have this item tabled for further review.
#3290 M/S/C/U(Waibel/Overson) to table this issue for one week until the
City Attorney and City Auditor can review the bid process to make
sure the City is not out of compliance with bid procedures.
?B - AMENDMENT TO THE L~BOR A~REEMENT BY ~ BETweEN THE CITY OF
BREMERTON AND TEAMSTER~S LOCAL 589~ ~AB92-037
A new classification titled Department Secretary has been added to
the classification plan through the Civil Service Office. The City
and Union have met and agreed upon the wage grade placement for
this position as set forth in the Amendment.
Caroline Marshall, Director Of Personnel, stated this is a straight
forward amendment to the agreement to add a classification to the
Labor Agreement.
Public comment - none.
#3350 M/S/C(Dawkins/Colvin) to amend the LaborAgreement between the City
of Bremerton and Teamsters Local 589 to add a new classification to
the wage grades contained in Appendix A as set forth in the
amendment to the Agreement.
Vote: In Favor: Collins, Dawkins, Colvin, Overson, Fitz, Horton
Abstain: Waibel
8A - ORDINANCE NO. 4360 (SECOND READINg) CREATING PENDERGAST
REGIONAL PARK CONSTRUCTION FUND~ ~AB92-029
Public comment - none.
#3460 M/S/C(Waibel/Dawkins) to pass Ordinance No. 4360, on second
reading, providing for the establishment of a fund to be known as
Pendergast Regional Park Construction Fund.
Mr. Collins stated he would abstain from voting on this item due to
his having been absent during first reading of the Ordinance.
Mr. Colvin stated he would abstain from voting on this item due to
his having been absent during first reading of the Ordinance.
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city Council Reg. Mtg. Minutes
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Page 15 of 19
Vote: In Favor: Dawkins, Overson, Fitz, Waibel, Horton
Abstain: Collins, Colvin
8B - ORDINANCE NO. 4361 (BECONDREADIN~) ~ENDING THE DEFINITION OF
"RECREATIONAL VEHICLE" IN CHAPTE~ ~ OF THE BREMERTON ZONIN~
ORDINANCE ~%ND TO REPEAL TITLE 19 OF THE BREMERTON MUNICIPAL CODEr
#AB92-031
Public comment - none
#3690 M/S/C(Waibel/Dawkins) to pass Ordinance No. 4361, on second
reading, amending the definition of recreational vehicle in Chapter
III of the Bremerton Zoning Code and repealing Title 19 of the
Bremerton Municipal Code.
Vote: In Favor: Overson, Fitz, Waibel, Horton, Dawkins
Abstain: Collins, Colvin
8C - ORDINANCE NO. 4362 (SECOND READINg) PROHIBITING THE USE OF
RECREATIONAL VEHICLES IN PUBLIC PL~CESe ~AB92-032
Kathleen McCluske¥, City Clerk, noted there is a correction as
follows: Item (o) .... "Habitation shall mean occupation of the
vehicle for 4 hours or more between the hours of 7:00 p.m. and 7:00
a.m.".
Public comment - none.
Mr. Collins noted he would abstain voting on this issue to his
being absent during first reading of the ordinance.
Mr. Dawkins questioned how this would affect people who would
attend athletic tournaments in the City. Vicki Vanneman, Director
of Parks and Recreation, explained nothing has changed from past
practices. They frequently allow overnight RV use of Evergreen
Park for softball or horse shoe tournament. They notify the Police
Department of the length of time of the tournament and approved
overnight use by RV's.
Mr. Waibel questioned if this would allow the City better control
over where RV's are parked? Ms. Vannemen stated yes.
Mr. Colvin stated he lives across the street from Lions Field and
observed many people with RV's using that area, many being from
ogt-of-town. He was not present during the previous discussion and
felt extenuating circumstances should be written into the
ordinance. Ms. Vanneman stated language is included in the
ordinance that as long as the area is "signed" that RV parking is
allowed in that location then they would be within the intent of
the ordinance. This would include Lions Field on a tournament-by-
tournament basis. Mr. Colv~ noted he would abstain from voting
on this issue due to his being absent during prior discussion on
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City Council Reg. Mtg. Minutes
February 12, 1992
Page 16 of 19
this issue. President Horton pointed out this is only trying to
allow the City to get a better handle on the whole situation.
Additionally, this ordinance talks about "habitation" - what we are
precluding is habitation in RV facilities and not precluding having
a RV parked on the street as long as the hours for parking comply
with the same hours for a vehicle.
Mr. Overson stated the City does not want people using City Parks
as RV parks. He questioned what if an individual was living in his
vehicle on the street and was that covered under this ordinance?
Ian Sievers, City Attorney, stated unless it could be considered a
camper conversion vehicle, the Citye may want to encourage people
to pull over and sleep if they become too sleepy to drive safely,
and is not included in the ordinance. Mr. Colvin questioned if
people could sleep in their vehicle but not in their RV? Mr.
sievers stated vehicles were not included in the definition as
written unless it was structurally set up for living and that they
are in fact living in it. Mr. Colvin questioned if someone driving
an RV became sleepy and pulled it to the side of the street would
this would be allowed? Mr. Sievers stated no.
#3699 M/S/C(Waibel/Dawkins)to pass Ordinance No. 4362, on second reading,
prohibiting the use of recreational vehicles for habitation in
public places not officially designated for that use; including the
correction of hours in Item (o) of Section 10.11.010.
TAPE %993
Vote:In Favor: Overson, Fitz, Waibel, Dawkins, Horton
Abstain: Collins, Colvin
Motion carried.
8D - ORDINANCE (FIRST READING) AMENDING THE 1992 BUDGET, ~AB92-038
Recent Civil Service position audit reclassified the Office
Assistant Senior working in Chief McNeal's Office as Department
Secretary. It is necessary to delete one Office Assistant Senior
position to add one Department Secretary position in the Police
Department to approve this reclassification.
Rich Hanna, City Treasurer, stated this was companion to Agenda
Item #TB, which was previously approved. He pointed out for
clarification of the public this does not change expenditure
authority of the Department but does bring the staffing into line
with recent Civil Service findings.
Public comment - none.
#0199 M/S/C(Fitz/Dawkins) to approve Ordinance, on first reading,
amending the 1992 Budget for Police Department staffing and
Appendix A-III and amending Ordinance No. 4351.
Vote: In Favor: Overson, Fitz, Horton, Dawkins, Collins
Opposed: Waibel
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city Council k=g. Mtg. Minutes
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Page 17 of 19
Abstain: Colvin
Motion carried.
President Horton announced Council would hold an Executive Session
following the Council meeting to discuss "litigation".
8E - ORDINANCE (FIRST READING) DESCRIBING THE UTILITIES CAPITAL
IMPROVEMENT pLAN~I~DA)LENDING ORDINANCE NO. 3887 ASA MENDED, ~AB92-
039
The attached exhibits update the schedule of utility capital
improvements for which external financing has been authorized by
Council. This represents the first step in securing the
refinancing and new capital as described to Council in a recent
Study Session.
Councilman Dawkins stepped down from hearing this issue based on a
possible conflict of interest.
Rich Hanna, City Treasurer, pointed out "emergency language" is
included in the ordinance, which will require a unanimous vote of
Council. The reason for the "emergency language" is that the
Federal Government, through the I.R.S., has recently put into place
a new body of Federal regulation governing the financing of
Municipal Bond projects. Those Federal regulations will become
effective on March 1 and had been pending for about 1/2 years. He
emphasized, on the advice of Bond Counsel, it would be in the
City's best interest to have this ordinance take affect prior to
those additional regulations. The primary the reason for doing that
is simply to maintain as much flexibility leaving the City as many
options as possible for making future financing decisions.
Essentially, the amending ordinance will not change a financing
plan that was originally put in place by Ordinance No. 3887, but
updates Exhibit A, which is the list of capital improvement
projects authorized under that plan.
Councilman Collins left the Council Chambers at 7:45 P.M.
#0442 M/S/C/U(Overson/Colvin) to approve'Ordinance, on emergency basis,
relating to the combined water and sewerage system of the City,
amending Ordinance No. 3887, as amended, declaring the City's
intention respecting borrowing for additional system improvements,
and declaring an emergency. ~
Councilmen Dawkins and Collins returned to the meeting at 7:47 P.M.
8F - RESOLUTION NO. 2375 SETTING HEARING DATE FOR VACATION OF TNR
NORTH Z0 FEET OF KITSAP WY ADJACENT TO AND WEST OF LOWER OYSTER BAY
ROADt ~AB92-040
James Robinson Company, Inc., which is the adjoining property
owner, is requesting the vacation of the north 20 feet of Kitsap
Way, adjacent to the west of the Lower Oyster Bay Road and Kitsap
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City Council Reg. Mtg. Minutes
February 12, 1992
Page 18 of 19
Way intersection. RCW 35.79.010 requires the setting of a hearing
by Resolution not less than 20 days nor more than 60 days after
Council passage of the Resolution.
Ron Hough, Planning Manager, explained the process for setting
public hearings on requests for vacations and noted the Planning
Commission had dealt with this item as well as item 8G.
Public comment - none.
%0522 M/S/C/U(Waibel/Dawkins) to pass Resolution #2375, setting hearing
date for the vacation of the north 20 feet of Kitsap Way adjacent
to and west of Lower Oyster Bay Road.
8G - RESOLUTION #2376. SETTING HEARING DATE FOR VACATION OF 2~120
SOUAREFEET OF RIGHT-OF-WAYADJACENTTO 1144 C~R BOULEVARD, ~AB92-
041
Richard Berg, an adjoining property owner, is requesting the
vacation of 2,120 square feet of right-of-way adjacent to 1144 Carr
Blvd. RCW 35.79.010 requires the setting of a hearing by
Resolution not less than 20 days nor more than 60 days after
Council passage of the Resolution.
Public comment - none.
%0587 M/S/C/U(Waibel/Dawkins) to pass Resolution ~2375, setting hearing
date for vacation of right-of-way for 1144 Carr Blvd., on March 4,
1992,at 6:00 P.M., or later.
8H - REBOLUTION ~2377 IN BUPPORT OF SENATE BILL 6450 - JUMBO
FERRIESt ~AB92-042
The City Council is in support of the attached Resolution on Senate
Bill 6450, which would authorize two hundred and ten million
dollars in general obligation bonds to be used for vessel and
terminal acquisition, construction and major and minor
improvements.
Kathlaen McCluske¥, City Clerk, read the Resolution into the
record.
Public comment - none.
%0677 M/S/C/U(Waibel/Colvin) to pass Resolution #2377, by a unanimous
vote, in support of Senate Bill 6450.
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City Council k~g. Mtg. Minutes
February 12, 1992
Page 19 of 19
With no further business the mee~ng,~ adjourned at 7:54 P.M.
KATHLEEN McCLUSKEY, CITY CLERK
APPROVED
LY~~H ORTO~'N, C~oun c i 1 President
city of Bremerton
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