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HomeMy WebLinkAbout04/02/2014 AGENDA WEIM CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337'- Phone (360) 473 -5280 APRIL 2, 2014 CITY COUNCIL MEETING AGENDA 1 BRIEFING 5 00 — 5 30 P M in COUNCIL CONFERENCE ROOM 603 A General Council Business 2 CALL TO ORDER 5 30 P M in FIRST FLOOR CHAMBERS A Pledge of Allegiance B Invocation 3 MAYOR'S REPORT 4 PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register 8 Minutes of Meeting — March 19, 2014 C Minutes of Study Session — March 26, 2014 D Resolution No. 3215 adopting the Kitsap County Multi- Hazard Mitigation Plan E Pulled F Concession Agreement Renewal between City of Bremerton and Bremerton Ice Arena, Inc 6 GENERAL BUSINESS A Ordinance No 5243 amending Chapter 7 15 of the Bremerton Municipal Code (BMC) entitled "Infractions ", and Cooperative Services Agreement with the US Department of Agriculture (USDA) for the management of raccoons within the City of Bremerton 7 PUBLIC HEARINGS A Public Hearing on Ordinance No 5244 to vacate a portion of Adele Avenue right -of -way at the Bertha Avenue Intersection B Public Hearing on Ordinance No 5245 amending Chapter 11 25 of the Bremerton Municipal Code (BMC) relating to dissolution of the Transportation Benefit District 8. COUNCIL MEMBER REPORTS 9 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Americans with Disabilities Act (ADA) accommodations provided upon request Those requiring special accommodations please contact the City Clerk at (360) 473 -5323 at least 24 hours prior to the Meeting /V1 Qy o rs Report Vrodamatfon WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life- giving oxygen, and provide habitat for wildlife; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, Bremerton has been named a Tree City USA by the National Arbor Foundation for the 18` straight year; and WHEREAS, in honor of Arbor Day, our Parks and Recreation Department will have a tree planting ceremony at Lillian and James Walker Park located at 19` Street and Taft Avenue on Wednesday, April 9 1h ; NOW, THEREFORE, 1, Patty Lent, Mayor of the City of Bremerton do hereby proclaim April 25, 2014 as the celebration of ARBOR DAY in the City of Bremerton and I urge all citizens to celebrate Arbor Day and support our efforts to protect our trees and woodlands. Signed this 2nd day of April 2014 Mayor Patty Lent 3prodantation WHEREAS, Washington State is a leader in this nation's efforts to increase and improve financial education for all residents; and WHEREAS, economic and financial education is necessary for the residents of Washington State to be successful, and WHEREAS, Washington residents can benefit from being empowered to make realistic financial goals and wise financial decisions to improve their futures; and WHEREAS, Washington State is honored to join the many national Money Smart Week partners in celebrating a week of programs and activities focused on the financial education of our residents, and WHEREAS, the many free programs and activities offered throughout Washington designed to address the financial education needs of youth and adults help make Washington a better place during these tough economic times, NOW, THEREFORE„ I, Patty Lent, Mayor of the City of Bremerton, do hereby proclaim April 5 -12, 2014 as Smart Money Week In Bremerton, and I urge all people in our community to join me in this special observance. Signed this I" day of April, 2014 Mayor Patty Lent M A Y 0 R ' S CONSERVATION C H 1 L L E N G E 'fake Pave,, a wee, oh/ihe Pledge -fo cotiwve wade% save motiet ✓educe Pollvfio►i at►d a chahce �o witi friaes - Afa 130 � Commit to decrease water and energy use! Visit mywaterpledge.com �- and take Mayor Lent's Conservation Challenge! - - - ........_...._ - -- - - -- - t . !�mrrrrRGr..ce AAAAAQ@AABAA� ® ®� ® ®® _ ' [FERRY MIDERVO %V , Jump on Board www .ferryridersopiniongroup.com This study has 2 parts 1300 ■®�s a • • TRAVEL DIA SURVEY IiE7 W do 1 take the survey? I As 'soon as con venient After the day of your assigned Havel Who takes the survey? You, All adults (an adult should also report trips for children under 18) How long will the survey take? I. About 5 minutes About 10 minutes per person What is the suniey about? We* you about your Return to the website (or call) to tell household _and the us about the details for all•the trips vehicles use. you made on your assigned travel date. (Use your Travel Log to keep tia&O 4W ED UC.aQ= �CCflED � � q ° rte i I L l SIR -�- ZzA FREE ! ! ! Family . April 4th, 2014 Spring Fair 11:30am to 3 PM Sheridan Park CommunityCentec 680 Lebo Blvd., Bremerton KCR/AmenCofps, in partnership with Bremerton Parks and Recreation, will host a free event for children and families of the Kitsap County area. i There will be popcom, cotton candy, and a variety of games to play! Please come welcome spring and celebrate with us!!! For additional information, please cordwt 1e r Allik apc Director Erma lallik ®ht arg Phone (360 ) 173 -2015 • , • Not intended as a cob<etIIUte for daycare cervices Young n a dd not he Its unattended KITSAP COMMUNITY - esoun�rs � nro.ra.,aeertm. rmre..arod4�+apeW��aP°<r,s, •• • lle,rmmr i,N01',vnwe.Jbyae Lem,llLnmpacheellbme, mleeb uvma, m,egmmhlry ,E, <emen W,emvmvevmnm YaemGnme ethe ecnhry memnaen bmefae Q,mbGmorAe,e w,n,h �mm[Yap $ebaol Lbe�e,.babeaeW humlem br MenO�, fim evr rime m rQm shim m pWbv 6W m urmn m.mwm,ae mbm.lmvy m m Q,Tbuhm mame mMOh.ivuGlm,.11cm4 remeY, kn, mEN�.m, v.a,rG, R IDER A[ I E-RT 19 4 •p - Kitsap Transit is hosting community meetings Saturday, April 5. Executive Director John Clauson will share a brief summary of Kitsap Transit's 2013 accomplishments and 2014 plans. The rest of the meeting ° is yours to share ideas and ask questions! Saturday, April 5 • PORT ORCHARD, 8 OOam • SILVERDALE, 11 OOam • KINGSTON, 3 OOpm Port Orchard City Hall HaseWood Family YMCA Kingston Library Council Chambers Community Room 11212 St Hwy 104 216 Prospect Street 3909 NW Randall Way • BAINBRIDGE, 5 • BREMERTON, 9 30am • POULSBO, 1.30pm Bainbridge Fire Station #21 Harborside Conference Room Poulsbo City Hall 8895 Madison Avenue NE 60 Washington Ave, 2nd floor 200 Moe Street For assistance with transportation to a meeting, c:a111- 800 -501 -7433. IT P T�R Cl IT rr�a14.M 1-8 0 -501 ar 9 AW4 Para la traduca6n de este documento en espanol, por favor Ilame al 1-800 -501 -7433 durante las horas normaies de ofidna El personal de serviclos al dente se conectarS con un Intdrprete a 0 0 DI a Tree Plantin • g Tree Cit USA Presentation Y �.�� �� �� A • r i 19 2 014 Lillian & James Walker Park T f Av 19th St & Taft . e Bremerton, WA IM 3 l l For more information Bremerton Parks & Rec (360) 473 -5305 s,z. -.� BREMERTON 2014 Waste Tire Roundup Port of Bremerton Olympic View Business and Industrial Parks Imperial Way (follow signs to location) Saturday and Sunday April 12 =13 & April 26 =27 8AM to 4:30PM Tires are not accepted at Kitsap County Recycling and Garbage Facilities. Tires from commercial customers, oversized tires and loads of more than 10 tires are not accepted. Call Kitsap 1 at 360- 337 -577 for more information. EARTHQUAKE DRILL APRIL 17, 2014 9:30 AM DROP! ARE YOU READY - FOR THE NEXT QUAKE? Things to Do - Before it Happens.... COVER! '♦ Read and understand your company's Emergency Plan and Procedures. Know what your role is during a disaster. ■y Have all family membersiloved ones carry an out- of-area contact card. 0 0 Have an under - the -desk emergency kit and portable, battery- operated radio with batteries. y Secure your PC, monitor, printer, fax HOLD ON! machine, and other computer-related equipment to prevent them from being damaged. Wmhtngton Smte Bmergemy Mmugement *� www cmd wa.gm !y BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT & YOU WISH YOUR NAME TO BE INCLUDED IN THE RECORD �L- 1, 1 L.L G MCA 1 � �� rdv •l � �.a •Co yr C � REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU AGENDA BILL 5A CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date: COUNCIL MEETING Date: April 2, 2014 Department Financial Services Presenter. Shannon Corin Phone: 473 -5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check #'s 357563 through 357747 and EFTs 13698 through 13738 in the amount of $2,141,555.61. 2) Retiree Payroll for the pay period ending March 31, 2014 in the amount of $59,190.41. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA ® No Presentation ❑ Full Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve consent agenda as presented. COUNCIL ACTION: [Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Fort Updated 01 /2113 AGENDA BILL s o CITY OF BREMERTON CITY COUNCIL eeeeeee u•ee ••eeeeeee eeeeeeeee• eee •se a ■•••••eee eeeee eee•• ueee a eeee•••eeee •eeee a eeee SUBJECT: Minutes of Meeting — Study Session Date. N/A March 19, 2014 COUNCIL MEETING Date April 2 2014 Department: City Council Presenter- Greg Wheeler Council President Phone (360) 473 -5280 SUMMARY: Attached is the summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, March 19, 2014 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, March 19, 2014, at 5.00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 o Street, Bremerton, Washington, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan Also present were City Attorney Roger Lubovich, Deputy City Clerk/Legislative Assistant Lori Smith; and Council Assistant Christine Greiner. A COUNCIL BRIEFING was held to discuss General Council Business at 5.00 PM in the Council Conference Room At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Mike Sullivan followed by the invocation provided by Reverend Ron Anderson of Manette Community Church. MAYOR'S REPORT — Mayor Patty Lent... • Proclaimed April 1, 2014 as "National Service Recognition Day'; presented the proclamation to Jennifer Alik of KCR and AmenCorps; and announced that there will be a free Family Spring Fair co- hosted by Bremerton Parks & Recreation and Kitsap Community Resources on Friday, April 4 from 11 30 AM to 3 30 PM at the Sheridan Park Community Center; • Encouraged the community to participate in local walks and runs In support of the American Heart Association's National Walking Day on Wednesday, April 2; • Invited Caroline Stein WSSEF Treasurer, to announce the 57 Annual Washington State Science & Engineering Fair on Friday, April 4 and Saturday, April 5 at Bremerton High School; and • Brought forward Patricia Hennessey Boys & Girls Club Executive Director, to announce that a "Spring Fling" filled with free youth activities will be held on Thursday, March 20 from 5 00 to 7 PM in the Youth Wellness Campus Gym. KITSAP CONFERENCE CENTER EXPANSION PROJECT UPDATE Arne Bakker General Manager of the Kitsap Conference Center at Bremerton Harborside, provided an update on the ongoing expansion project at the Kitsap Conference Center; and invited the public to attend the Open House scheduled for March 20 from 4 00 to 6:00 PM BPD BRIEFING Police Chief Steve Strachan provided a monthly update; described how body cameras will be used by police officers soon, and recognized Sergeant Renfro, Officer Hughes and K -9 Officer Hall for their quick thinking in saving the lives of two girls on a call to a fully involved residential fire. PUBLIC RECOGNITION Sunny Wheeler announced that volunteers are needed for the next Kiwanis Park Monthly Work Party on Saturday, March 22 from 9:00 to 11 00 AM; and added that interested volunteers who wish to help with park clean -ups throughout the City may contact the Parks Department Mike Walton Kitsap Public Facilities District Executive Director, was pleased with the improvements at the Kitsap Conference Center and applauded all of the partners who helped move this project forward CONSENT AGENDA 7A— Claims & Check Register Check Numbers 357369 through 357562, and EFT -13658 through EFT -13697 in the amount of $2,303,114 44; Regular Payroll for the pay period ending February 28, 2014 in the amount of $4,606 70; Regular Payroll for the pay period ending March 15, 2014 In the amount of $679,68715 City Council Reg. Mtg. Minutes Wednesday, March 19, 2014 Page 2 of 4 7B — Minutes of Meeting — March 5, 2014 7C — Minutes of Study Session — March 12, 2014 7D — Authorization for Investment Grade Audit, Phase II for efficiency improvements at the Wastewater Treatment Facility 7E — Interlocal Agreement with Kitsap County Public Utility District for Fiber Optic Installation 7F— Collective Bargaining Agreement between the City of Bremerton and Teamsters Local 589; and the Management and Professional Employees 2014 Salary Schedule Bob Dollar asked for clarification on the costs of the proposed increase in Item 7F for the Teamsters and Management staff. Charlotte Belmore answered $160,604 and $64,532 respectively. 06:08:50 Motion was made by Younger and seconded by Sullivan; Questions and comments were provided by Runyon and Daugs, with responses provided by Ms Belmore 06:11:43 M/S /C /U (Younger /Sullivan) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS — There were no General Business items tonight.. PUBLIC HEARINGS 9A— FINAL OF 2 PUBLIC HEARINGS TO APPROVE SUB - CONCESSION AND FUTURE ASSIGNMENT OF THE OLYMPIC SOCCER & SPORTS CENTER (OSSCI CONCESSION AGREEMENT TO KEYSTONE FINANCIAL MANAGEMENT, INC Jeff Elevado Parks & Recreation, reiterated that City Council approval is required for the proposed Sub - concession and Future Assignment of the Concession Agreement He personally thanked Bill Wright of Keystone Financial Management, Inc. and Dennis Michaels Managing Partner for OSSC for making this agreement a reality. President Wheeler opened the public hearing . Comments from the public were provided by John Larson Parks & Recreation Commission Chair... With no further public comments received, President Wheeler closed the hearing to the public, and opened discussion to the City Council . 06:14:27 Motion was made by Runyon, and seconded by Davis, Questions and comments were provided by Runyon, Daugs, Davis, and McDonald, with responses provided by Mr. Elevado and Mr. Wright 06:21:41 M /S /C /U (Runyon /Davis) Move to approve the sub - concession and future assignment of the Pendergast Indoor Soccer Center Concession Agreement from Olympic Soccer & Sports Center LLC to Keystone Financial Management, Inc or wholly owned subsidiary thereof, and authorize the Mayor to finalize and execute the proposed agreement and any other related agreements to finalize the proposed transactions with substantially the same terms and conditions as presented 9B — PUBLIC HEARING ON ORDINANCE NO. 5242 TO ADOPT THE "2014 PARKS, RECREATION, AND OPEN SPACE PLAN" Wvn Birkenthal Parks & Recreation Director, explained that the action before the City Council is to conduct a public hearing and adopt the 2014 Parks, Recreation, and Open Space (PROS) Plan, which updates the plan adopted in 2007. The process for developing the plan update included 9 public meetings involving the Parks & Recreation City Council Reg. Mtg. Minutes Wednesday, March 19, 2014 Page 3 of 4 Commission, a citizen survey, and posting of a draft plan on the City website for review and comment On February 25, the Parks & Recreation Commission recommended the park plan update for adoption by the City Council. The State of Washington requires that local jurisdictions maintain a Park, Recreation, and Open Space Plan to maintain eligibility for park and recreation grant funds President Wheeler opened the public hearing. Comments from the public were provided by John Larson Parks & Recreation Commission Chair and Joan Dinpfield former Parks & Recreation Commission Member. With no further public comments received, President Wheeler closed the hearing to the public, and opened discussion to the City Council . 06:45:52 Main Motion was made by Daugs, and seconded by Sullivan, Comments were provided by Daugs, Sullivan, Davis, Runyon, and Wheeler... 06:49:55 Motion to suspend Roberts Rules of Order for a "more relaxed discussion" on the PROS Plan and the future of the Parks Department was made by Runyon .. "Motion to suspend Roberts Rules of Order" died for lack of a second A Point of Order was called by Mr. Davis when additional recommendations were being discussed. He explained that Council was being asked to approve the PROS Plan that was before them tonight, the same PROS Plan that went through the public process including the first Public Hearing, and not a version that included the additional recommendations.. Point of Order was sustained. City Council discussion continued with additional comments provided by Runyon... 06:54:47 M/S /C (Daugs /Sullivan) Move to pass Ordinance No 5242 adopting the 2014 Parks, Recreation, and Open Space Plan Voted in favor of Motion. Davis, Younger, Sullivan, Daugs, McDonald, Wheeler Voted opposed to Motion: Runyon Motion carried: 6 -Yes; 1 -No COUNCIL MEMBER REPORTS Roy Runyon thanked volunteers for a clean -up at Matan Park and City right -of -way; and suggested that Study Sessions be televised and held in the Meeting Chambers, and also that the City provide free wi -ti access to citizens during meetings Dino Davis thanked the Washington Youth Academy for pulling ivy at Forest Ridge Park Jerry McDonald shared some photos from the St. Patrick's Day Parade, hoped to bring more food vendor trucks downtown and for special events; and announced that Elaine Turso Photography will be hosting an Open House on April 4 upstairs in the same building as the Chamber of Commerce on 4`" Street Leslie Daucis also shared some highlights from the St Patrick's Day Parade, and reiterated information about the Spring Fling event tomorrow, as well as the Family Spring Fair on April 4 City Council Reg. Mtg. Minutes Wednesday, March 19, 2014 Page 4 of 4 Mike Sullivan thanked everyone who was involved in the St. Patrick's Day Parade and declared that he was proud to be an Irishman. Greg Wheeler also really enjoyed the St. Patrick's Day Parade, which seems to be getting better each year; and hoped to have a good group of volunteers to help with the Kiwanis Park Clean -Up this Saturday With no further business, President Wheeler adjourned the Council Meeting at 7 03 PM. Prepared and Submitted by. CHRISTINE GRENIER Council Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GWSC.Is:cg AGENDA BILL sco CITY OF BREMERTON CITY COUNCIL •vvvev•vvve •vvvvev••s••v • vvv•••• svvvvv ••••••v••vvvvvvvvvvvevvvvvvv a vvv vvv vvv•v•vvvvvvvo SUBJECT: Minutes of Study Session — Study Session Date: N/A March 26, 2014 COUNCIL MEETING Date April 2 2014 Department: City Council Presenter- Greg Wheeler Council President Phone: (360) 473 -5280 SUMMARY: Attached is the summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ® No Presentation ❑ Full Presentation STUDY SESSION ACTION: N Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25M DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, March 26, 2014 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6' Street, Bremerton, Washington, Wednesday, March 26, 2014, at 5 00 PM, with Council President Greg Wheeler presiding Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan Lon Smith, Legislative Assistant, was present to provide staff support President Wheeler emphasized that the Study Session was open to the public but there would be no opportunities for input or participation, and announced that approved items by Council will be placed on the April 2, 2014 Council Meeting Agenda; or as indicated. A. NO PRESENTATION PLANNED — The following items are budgeted items or have been reviewed by the appropriate Council Committee . 1 Resolution adopting the Kitsap County Multi- Hazard Mitigation Plan (Consent Agenda) 2. Resolution to approve Quitclaim Deed for Burwell Pedestrian Tunnel Project (Consent Agenda) 3 Concession Agreement Renewal between City of Bremerton and Bremerton Ice Arena, Inc (Consent Agenda) B. BRIEFINGS & FULL PRESENTATIONS 4. Update on Parking Ticket Amnesty Program — Dawn Nelson, Municipal Court Administrator (Information only...) 5. Presentation of Audit Reports — Gary Nystul, City Auditor (Information only...) 6. Proposed public hearing on ordinance to vacate a portion of Adele Avenue right -of -way at the Bertha Avenue Intersection (Public Hearing) 7 Proposed public hearing on an ordinance amending Chapter 11 25 of the Bremerton Municipal Code (BMC) relating to dissolution of the Transportation Benefit District (Public Hearing) 8. Ordinance amending Chapter 715 of the Bremerton Municipal Code (BMC) entitled "Infractions ", and Cooperative Services Agreement with the US Department of Agriculture (USDA) for the management of raccoons within the City of Bremerton (General Business) GENERAL COUNCIL BUSINESS • Audit Committee Briefing (3114114 Meeting) — Leslie Daugs, Chair • Finance & Investment Committee Briefing (3125114 Meeting) — Roy Runyon, Chair • Other General Council Business (As necessary ...) With no further business, President Wheeler adjourned the Council Study Session at 8:00 PM. City Council Special Meeting Minutes Wednesday, March 26, 2014 Page 2 of 2 Pre ared and Submitted by: - 4wlu c LORI SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL 5 1) CITY OF BREMERTON CITY COUNCIL ........ ......................... ago .... . ........ . ........... ....... ... ................e SUBJECT: Resolution No. 3215 Study Session Date March 26, 2014 adopting the Kitsap County Multi- Hazard COUNCIL MEETING Date: April 2, 2014 Mitigation Plan for the City of Bremerton Department: Fire Presenter Al Duke, Fire Chief Phone. 473 -5380 SUMMARY: In order to receive federal mitigation funds after a disaster entities must have an adopted Hazard Mitigation Plan Kitsap County and the four cities have had a plan in place and has revised the plan in 2005 and 2010. The plan was again revised last year. In 2015 there will be a complete revision in order to meet the new state requirements This resolution will adopt the revised Kitsap County Multi- Hazard Mitigation Plan for the City of Bremerton. ATTACHMENTS: Resolution No 3215 Plan Summary FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA ®No Presentation []Full Presentation STUDY SESSION ACTION: ®Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Resolution No. 3215 adopting the Kitsap County Multi- Hazard Mitigation Plan for the City of Bremerton COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Forth Updated 01/25/13 RESOLUTION NO. 3215 A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the Kitsap County Revised Multi- Hazard Mitigation Plan. WHEREAS, the federal Disaster Mitigation Act of 2000 requires that all local organizations (governmental, tribal and not- for - profits), have an approved local mitigation plan in accordance with 44 CFR 201.6 prior to receiving Hazard Mitigation Grant Program (HMPG) funding; and WHEREAS, the Kitsap County Department of Emergency Management has previously prepared a Kitsap County Multi- Hazard Plan and has recently revised the Plan and provided it to the Board of County Commissioners; and WHEREAS, the Plan has been updated to ensure consistency with the federal Disaster Mitigation Act 2000; and WHEREAS, the Plan shall not necessarily imply advocacy of, or support for, individual mitigation initiatives proposed by other participating organizations, and the adoption of the plan shall be subject to limitations as defined in the Plan, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS. SECTION 1. The revised Kitsap County Multi- Hazard Mitigation Plan, attached as Exhibit A and incorporated by this reference, is hereby adopted. SECTION 2. .Severabdity if any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect SECTION 3. F_ffec•tive Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this day of 2014. GREG WHEELER, Council President APPROVED AS TO FORM. ATTEST ROGER A LUBOVICH, City Attorney SHANNON CORK City Clerk R \Lega1\Legal\Resoluuons \Fire\ ITEM - Attachment -001- 8499c626494d42709470a I 0891516e doc I Multi- Hazard Mitigation Plan BREMERTON FIRE DEPARTMENT ; � 3 Allmon Duke W, Fire Chief T, 1 . A[ duke@ci bmmarton Wa us _! 360 -073 - 5397 911 -Park A Date February 21, 2014 To City Council Members From Fire Chief Duke Subject Kitsap County Multi-Hazard Mitigation Plan Kitsap County and the four cities have had a Multi-Hazard Mitigation Plan since 1995 and has been reviewed and updated in 2005 and 201 Last year the entities worked on an update but with Directors Mann's illness and retirement the plan update was not brought forward The plan is several hundred pages of information which entails all the entities The City of Bremerton of Bremerton information is on pages BR-1 through BR-26 which I have attached for your review The entire document is on the City of Bremerton's web page at htto wa us/formstgovernment1KC MultiHazardlVlitigationPlan yd There is also a hard copy of the entire document at the city council office The entire document will be completely rewritten in 2015 to meet the new state format but the major change this year is the inclusion of the SKIA area This item will not be placed on the agenda entire the end of March to give time for review If you have any questions feel free to contact me at 473-5381 KCDEM 'kitsap COUnt Department o Serving the cities and Manag ency communitlesolKitsap County - o Kitsap County Multi- Hazard Mitigation Plan Kitsap County. . OMB MI \Rel \O�e M'f ` .f01QwtJ1• • IY L., =Y. /WIC °C6 • e PoaY W City of .. e LE Bainbridge Island u ��• A� h[IDM 2 p u1' Lilt Of � .. ,. ,. 'I • ja` vinux RI ,�, `,,\ Bremerton t c� rp P R f rl�� i i n PEne10 ' :e "n1 )' \6etj�. come City of Port "' ° j ai EY�DpTe EYD� ml PI�� aln �JS r Orchard 4 . � j4'6f Dail EV. iae °A i1!�I �.9 � G ecJece tn FI• eo K s 1 ' •o. City of ' r. n I FF.d N, \ •IY t ea r Poulsbo �(� 4 � //r.�k`HDLLr L41 � RTOR J.� 1 D ei OUT 7i And the xe ` �` l. a' ' M.fi e e Agencies and U y' .D W RD � j AA1n Y'�' Utilities that �, t �� " REODVILLf S 0 S NN upport Ju,7 • I 6unul , �rl E• v ( F Hazard "" ' ga, I t+ e N ALLYMO • . b s 11_ ._. F • �•aerl Mitigation fp Prepared by Kitsap County Department of Emergency Management 911 Carver St, Bremerton, We Revision 2012 Appendix B 4 City of Bremerton Kitsap County Hazard Mitigation Plan 2013 City of Bremerton, Wa. Mitigation Plan Revision 2012 0 Jurisdiction-Specific Vulnerability Assessment and Mitigation Strategies Contact Information. Al Duke, Fire Chief Bremerton Fire Department 911 Park Avenue Bremerton, WA 98337 (360) 478 -5380 Attachments: Appendix BR 1 City of Bremerton Asset Profile Appendix BR 2 City of Bremerton Record of Hearings and Resolutions, Mitigation Plan City of Bremerton, Wa. Profile Overview The City of Bremerton is located to Kitsap County The city lies east of the Olympic Mountains directly across Puget Sound from Seattle. Attached is a map showing the city boundaries and areas that are associated Urban Growth Areas For over a century, Bremerton has been the home to Puget Sound Naval Shipyard that continues to service US Navy ships and its 8000 civilian and many active duty personnel The City of Bremerton was incorporated on October 14, 1901, and operates as a charter city with a Mayor /Council form of government The City's downtown core is undergoing a comprehensive revitalization with the building of a new Conference Center, Parking Garage, Hotel on the waterfront, a Public Safety and Headquarters Fire Station Population The population of the City of Bremerton is 36,620(2010 Census) During the day, the population swells another 9000 because of the huge Puget Sound Naval Shipyard and support organizations An increase in population of 13,000 is forecast through 2025 (2025 Population Forecast for City Limits and Urban Growth Area) Age and Vulnerable Population Distribution Table BR -1 shows the distribution of age and vulnerable population in the City of Bremerton Overall the City's population is well dispersed and there are numerous senior /assist facilities on the island mostly located in the city's urban center The senior population has grown consistent with those nationwide BR -1 Appendix B 4 City of Bremerton Kitsap County Hazard Mitigation Plan 2013 i Total . 3 . 7,729_ - !00% Age 0 -18 7,356 15 5 •.. • .. 18 -62 .24,923 70.1 62 -Older 5,450 144 Table BR -1: Population by Age Group, City of Bremerton - �- r+•r'i�' 1 ' "mi i:�`'' Poo[dationDensitvBremerton IW >75ao7 �.��:.- ....I,' % +' �• 5;14 F.,$t, � - ,i•��-.li °•113 *r� f r /:.! } r Y N• Ar k Ir; • , I' (r , �tl /a �i r ; .- .ri�{ !• ' S / �i: ' /' S L '., i t '. (. l.,1 /f• �,' r l ( '/ y +• r %,'.:•'..i t .; 1� ,.'r;: `. rp c..n>n.,..r..,dWr•m.. • ..d.. - rJ =��,' ! '�' • '.! 1 1,� I ! ?'t I `.+. i% Exhibit BR -1: Population Density Bremerton Source Kitsap County Department of Information Services 2013 Geographical /Topographical Description The City of Bremerton is 28 44 square miles The topography in the area is low rolling hills, generally trending north to south There are few streams and wetlands, and some high liquefaction area to the East and lots of shorelines The Casad Dam provides water for the city of Bremerton BR -2 Appendix B 4 City of Bremerton Kitsap County Hazard Mitigation Plan 2013 Elevation (LiDAR)m B I f -JA IMARTop. J11 ..4 Will. VA . , /, /e .: 'rte , � ' Y yy � • ,�}��'��' � - ' I, K T. Exhibit BR-2: Topographical Feature, City of Bremerton Source Kitsap County Department of Information Services 2013 Land Use Land uses in Bremerton include residential, commercial, industrial and open space The city includes the Bremerton School District and Olympic College Median Household income is $38,061 — US Census Bureau Total 17,423 100% ,515 48 6 Detached 8 11 r 280 16 Attached 8,51m 492 Attached Mobile Homes B oa t/RV Bo tj V I I - oat/RV7 50 Table BR-2: Housing Units, City of Bremerton BR-3 Appendix B 4 City of Bremerton Kitsap County Hazard Mitigation Plan 2013 Total'Built 17,423' - ._ . -... 1990 -Later 1,798 103 1 95 0 -19 89 ._._._... 8;623_._..._.. ..._ 49: 4 _......._. 1949 - Earlier 7,002 40.2 Table BR -3: Housing Age in the City of Bremerton Business and Industry The City is mostly retail and service oriented organizations like the Bremerton Conference Center The city also includes contractors that support the Shipyard as well as a primary County hub for medical and health services including Harrison Medical Center Transportation, Communications, and Utilities The City of Bremerton is service by numerous state routes including SR3, Kitsap Way, and Hwy 303 to the east The city has two bridges (Manette and Warren Ave) that connect East and West Bremerton The city also has ferry service via Washington State Ferries to downtown Seattle, and local service to Port Orchard City Infrastructure The city has many government and non - government buildings including libraries, dams, medical and health services, and city and county government buildings Primary structures include • The Norm Dicks Building housing City government, Kitsap Public Health • Public Works Campus • Olympic College • Bremerton Schools District • Casad Dam • Bremerton Fire Department and facilities • Bremerton Police Department and Courthouse • Kitsap Mental Health Services • American Red Cross History of Disasters Bremerton's history of emergency /disasters is much like the remainder of the county Kitsap is a micro - climatic region in which winds, rain, and temperatures can differ throughout the County Although, like other cities, Bremerton is susceptible to earthquakes, tsunamis, urban flooding, and land shifts As noted below, typical issues are winter storm events, although, Bremerton experienced the Ntsqually earthquake and suffered damages greater than other cities in the County Event Date Type of Event Declaration? Declared Disaster? De 2008 Severe wind and rain Local No as Dec 2007 Severe wind and rain Local, State, Yes and Federal Jan 2006 Severe wind and rain Local Did not meet PA th reshold BR -4 Appendix B 4 City of Bremerton Kitsap County Hazard Mitigation Plan 2013 Dec 2006 Severe wind and rain Local Did not meet PA Threshold Oct 2003 Severe wind and rain Local, state, Local PA Threshold not met and Fecleral IA paid out Jan 2002 Severe wind and rain Local and State Only, presidential State denied Feb 2001 Nisqually Earthquake Local, state, YES and Federal June 1997 Rollinq Bav mudslide Local No assistance Dec 1996 Severe rain and snow Local, State, Yes runoff storm and Federal Nov 1995 Severe wind and rain Local, State, Local PA threshold not met and Federal Jan 1993 Severe wind and rain Local, State No record on file and Federal Jan 1992 Severe wind and rain Local No assistance Dec 1990 Severe wind and rain Local, State Yes and Federal Dec 1982 Severe wind and rain Local No assistance May 1965 Earthquake Local, state, No record on file and Federal Oct 1962 Severe wind and rain Local, state No record on file and Federal Table BR -4: History of Disaster, City of Bremerton Mitigation Planning Risk Assessment Section III of this plan provides a thorough assessment of hazards associated with Kitsap County and its incorporated cities Although, each city is affected differently, risks significant to the City of Bremerton are floods, earthquakes, land shifts, tsunamis, and winter storms Section III is a synopsis of the County and cities This profile provides additional information specific to Bremerton Rating System The rating system for Bremerton is consistent with the general plan A rating for each hazard is define by high, medium and low based on the information provided in Section II to this plan Additional ratings are applied for priority mitigation strategies and Cost analysis Overview The purpose of this profile is to assess the vulnerability of the City of Bremerton in regards to the various natural hazards previously identified in Section III of this plan In addition, mitigation strategies that are currently in place relating to these natural hazards as well as newly proposed mitigation strategies have been included in this mitigation profile As part of the vulnerability assessment process, City of Bremerton government completed an inventory of all critical facilities and has considered these critical facilities in our planning and mitigation strategy development process The City of Bremerton has no repetitive loss properties BR -5 Appendix B 4 City of Bremerton Kitsap County Hazard Mitigation Plan 2013 Planning Process To complete the vulnerability assessment process, various city staff utilized a series of locally developed forms The information collected with these forms is included in this portion of the plan As part of the vulnerability assessment process, City of Bremerton government completed an inventory of all critical facilities and has considered these critical facilities in our planning and mitigation strategy development process Representatives from City of Bremerton government worked closely with other jurisdictions, agencies, Indian tribes, and the Kitsap County Mitigation Planning Committee to develop a comprehensive, coordinated mitigation plan intended to reduce the vulnerability to natural hazards within the City of Bremerton The information contained in this document presents the results of this effort to identify the specific natural hazards threatening the City of Bremerton, to characterize the vulnerability of the City of Bremerton regarding these hazards, and to identify current as well as proposed mitigation strategies, projects, and /or programs to address those vulnerabilities The analyses conducted by City of Bremerton staff were based on the best currently available information and data regarding the characteristics of the neighborhoods identified, the natural hazards that threaten the people, property, and environment of these neighborhoods as well as the impacts these neighborhoods have suffered in past disasters This information includes, when available, United States Census data, local tax records, local and national geographic information system data, Flood Insurance Rate Maps, hazard specific analyses, and other environmental and demographic facts However, very often authoritative or current information simply was not available for the planning effort In these cases, the experience, knowledge and judgment of local officials representing City of Bremerton government were used in the planning, including assumptions and approximations that were believed to be reasonable In addition, straight- forward, simplified technical analyses were used for tasks such as estimating property values, determining the size of populations affected, and so forth The reliance on the judgment of knowledgeable officials and simplified analyses is considered acceptable at this stage to allow the participating organizations to complete the tasks needed to develop this multi jurisdictional natural hazards mitigation plan As the planning continues in future years, or at the time when a proposed mitigation initiative is intended to be funded and /or implemented, the participating organizations /jurisdictions recognize that additional information and analyses may be required In any event, mitigation strategies identified in this plan will be incorporated when appropriate into other land use or capital improvement plans Mitigation will be addressed with each plan revision City of Bremerton government is committed to the implementation of the mitigation related projects /programs described in this section of the plan when and if resources become available City of Bremerton government is also committed to continuing the mitigation planning process that has resulted in the development of this document, and to the ongoing cooperation with other agencies, organizations, Indian tribes, and jurisdictions to make the City of Bremerton more resistant to the damages and hardships that could otherwise be the result of future natural disasters Plans and Ordinances In an effort to maximize hazard mitigation planning, the following city plans are use to support and mandate mitigation efforts throughout the city Current Hazard Mitigation Codes /Plans /Ordinances: 1 Comprehensive Land Use Plan 2004 BR -6 Appendix B 4 City of Bremerton Kitsap County Hazard Mitigation Plan 2013 Bremerton's Comprehensive Land Use Plan is a policy and legal document that reflects the community's desires, goals and the needs of the future within the context of the Growth Management Act The plan was adopted in December of 2009 and is updated yearly as part of the annual amendment process 2 Comprehensive Transportation Plan This transportation plan provides the framework to guide short and long term development and maintenance of the multi -model transportation system within the city of Bremerton It addresses the mandates of the Growth Management Act under the Revises Code of Washington, Title 36 70A 070 3 Comprehensive Water System Plan 2009 This plan includes goals and policies to protect the natural environment and mitigate the impacts of future growth It is in compliance of the Growth Management Act and the Critical Areas Ordinance 4 Comprehensive Sewer System Plan Responsible for collection, treatment and disposal of all sanitary sewer waste from commercial and residential customers Operates the City's Wastewater Treatment Plant and maintains 33 pump stations in the City The plan is designed to identify, design and implement mitigation and upgrades for the waste water system for the City of Bremerton 5 Comprehensive Stormwater System Plan 2009 This responsibility includes the protection and preservation of the natural resources of the area that play such a large role in sustaining the City's quality of life Within the City, the responsibility for storm and surface water management and the protection of groundwater have been entrusted to the Department of Public Works and Utilities It is the mission of the Stormwater Program within the Department to control flooding, enhance water quality, protect sensitive habitat areas, and optimize the recharge of local aquifers 6 Capital Improvement Plan 2009 The purpose of the Capital Facilities Plan is to demonstrate that all capital facilities serving Bremerton have been addressed The plan covers roads, parks, water and sewer lines, police facilities and administrative buildings It is compliant with the Growth Management Act 7 International Building and Fire Code The City of Bremerton adopted the 2009 International Fire Codes with state amendments under Chapter 15 04 of the Building Code These codes define building, fire and mitigation practices 8 Municipal Code The Bremerton Municipal Code are plans and policies regulate the infrastructure, environment and building codes for the city The city follows these codes to mitigate potential damage during catastrophic events. 9 Zoning Ordinance The zoning code contains regulations to manage the community's growth in a manner that ensures efficient use of land, preserves regulated critical areas, and encourages good urban design Specifically, the code supports the vision of the city and is designed to implement the comprehensive plan and by reference the requirements of the Washington State Growth Management Act BR -7 Appendix B 4 City of Bremerton Kitsap County Hazard Mitigation Plan 2013 10 Subdivision Ordinance The purpose of this title is to implement the comprehensive plan in accordance with the Growth Management Act, to regulate the subdivision of land and to promote the public health, safety and general welfare 11 Critical Areas Ordinance This ordinance defines critical areas (wet lands, areas of critical recharging effect on aquifers used for water, fish and wildlife habit, frequently flood areas and geologically hazardous areas) as required by the Growth Management Act This ordinance regulates, protects and defines these Areas under Bremerton Municipal Code Chapter 16 20 12 Participation in National Flood Insurance Program Bremerton's participation in the NFIP allows them to use the resources of FEMA to use mitigation planning is to identify policies and actions that can be implemented over the long term to reduce risk and future losses 13. Participation in the Community Rating System Program Bremerton's involvement in The Community Rating System (CRS) through FEMA NFIP allows them to benefit in reduced insurance rates and by using the CRS floodplain management system enhances public safety, reduce damages to property and public infrastructure, avoid economic disruption and losses, reduce human suffering, and protect the environment Mitigation Goals and Strategies 2012 Mitigation Goals The following goals have been defined by the City of Bremerton and are consistent with those in the basic HMP update Goal 1: Eliminate or reduce the long -term risk to human life and property from identified hazards. Goal 2: Aid both the private and public sectors in understanding the risks they may be exposed to and finding mitigation strategies to reduce those risks. The Table below provides updates to strategies outlined in the HMP 2004 Strategies may have been dropped due to lack of funding or resolved The following categories include unresolved strategies from 2004 or new 2012 strategies For priority purposes, the strategies listed in each category are done so in order of importance Category Strategy Probability of Implement RemarkslStatus Occurrence ation time IV Pursue seismic upgrades High 6 years Completed reservoir upgrades to the Bremerton water in 2009 system and its components as identified in the report by Dames & Moore, March 1997 and BR -8 Appendix B 4 City of Bremerton Kitsap County Hazard Mitigation Plan 2013 in the City of Bremerton's 6 -year Capital Improvement Plan IV Pursue seismic upgrades Low 1 year Progress, Completed seismic to the dam and provide bracing for the Casad Dam in- improved monitoring and take tower Provide Mason an early warning system County with telephone in the event of an warning system Still looking uncontrolled release of for funding for early warning the reservoir caused by a system in the event of an dam failure as identified uncontrolled release in the report by Woodard - Clyde Consultants, July 1997 and in the City of Bremerton's 6 -year Capital Improvement Plan IV Pursue seismic High Ongoing Ongoing program Need upgrades to equipment, additional funding infrastructure, and cntical facilities IX Aid both the private and High Ongoing Support the County's Bolt public sectors in and Brace Program for understanding the risks retrofitting older homes in they may be exposed to Bremerton and fund programs to mitigate Category I: Flooding Probability of Occurrence: Medium The City of Bremerton does not have any rivers are large tributaries that cause significant flooding in the City limits There are creeks and streams that can be overwhelmed during periods of heavy rain and will overflow their banks Additionally, significant rain will cause urban flooding in areas noted for poor drainage Except for earthquakes, flooding is the next costly event and mitigation efforts can help reduce the effect of life and property Efforts to reduce stormwater overflows have been successful, and there are areas that need attention Flooding may also occur along the shoreline of the City of Bremerton due to high tides Recent changes to the National Flood Program has incorporated these areas to include the requirement for flood insurance Exhibit BR -3 shows the few flood zones in the City limits As noted in Table BR -5, all the residents and housing units are susceptible to urban flooding, no one actually lives in the flood zone areas identified in Exhibit BR -3 National Flood Insurance program (NFIP)(Excerpt from the Basic Plan 2012) The City of Bremerton entered the National Flood Insurance Program on May 27, 1975 The most recent review of the city's participation in the NFIP was conducted July 23, 2008. During the visit, the City issued 2 permits that were properly conditioned for the flood elevation certificates, however the final Elevation Certificate was inadvertently missed The corrective action taken by the city was to modify the permitting system computer software to more definitively request flood zone information at the time of initial application for a building permit BR -9 Appendix B 4 City of Bremerton Kitsap County Hazard Mitigation Plan 2013 and at construction inspection stages including prior to framing and prior to release of final inspection certification As most communities in Kitsap County, after the last mayor flood, 2007, we reviewed our flooding issues and once again determined we have no repetitive loss areas in the City of Bremerton The City of Bremerton has amended their processes as recently as August, 2007 resulting in a successful CAV in July, 2008 Flood Zones Bremerton '1j TSB � 'I ( , : �_; I' Ij• �u„aooerd. i+rl •irj .;` `1 �1 ' ^sl• — 'iI :. - I %um•d eLv,a aribodw ' ' hf "r r �" 1 ' S . �` �� , � ' J Wl . .•vr,•y�.l : I I. �U ;' , ,.'J� ,.�. <<��:+;� ; ':,rte I jt' r. ,,�,� l...sl�a �, � ' t r I / �• �i /�r:.:�. � rGu C...rrtw..�.+144�..,.. r...:e. , 2 V Exhibit BR -3: Flood Zones, City of Bremerton Source Kitsap County Department of Information Services 2013 Category 11: Severe Storms Probability of Occurrence: High Flooding and severe storms work hand-in-hand Severe winter storms are the typical event that has the highest probability of cause damage to property These event which occur annually, results in a variety of mixed events of snow, rain, low temperatures, and severe winds The combination of these events generally results in significant power outages, urban flooding, and loss of work and revenue to the economy Should the event become significant with long -term heavy rainfall, major creeks like Gorst Creek, would overflow and flood areas downstream along the shoreline Table BR -5 notes how severe storms affect building stock and the citizens on the BR -10 Appendix B 4 City of Bremerton Kitsap County Hazard Mitigation Plan 2013 Island In all categories, 100% of the City has the potential for damage and loss of life from severe storms City of Bremerton Total Population in Hazard % Population Affected Population Area By Hazard 37,729 37,729 100 Total Building Building Stock in % Building Stock in Hazard Stock Hazard Area Area Jurisdiction 13,683 13,683 100 Total Critical Total Critical Facilities % Critical Facilities in Hazard Area Facilities in Hazard Area Jurisdiction 64 64 100 Table BR-5. Hazard Data for Severe Storms and Flooding, Bremerton Source Kitsap County GIS and Census 2010 Category III: Land Shifts Probability of Occurrence: High The city of Bremerton has some areas vulnerable to land shifts These areas are mostly in East Bremerton along Puget Sound Land shifts may be caused by earthquakes or significant prolong rainfall and ground saturation These areas are known to City Planner There are no critical facilities in these areas Building stock is mostly residential based on initial estimates The areas noted in Exhibit BR -4 156 -165 are in unincorporated Kitsap County and not the city of Bremerton Housing and personnel affected by land shifts are noted in Table BR -6 I v I i\ ' Ant ' r7 fr or In ff �� ' ,. /,,4 • � 1 � ,,1R�� `•, �W i . c, .ref c •f •.a• ' i •: i Exhibit BR - 4: LID AIR Data on Land Shift, Bremert on BR -11 Appendix B 4 City of Bremerton Kitsap County Hazard Mitigation Plan 2013 Source USGS City of Bremerton Total Population in Hazard % Population Affected Population Area By Hazard 3 7,729 1808 _ 4 8- -- ----'----...---- ---------- -- .- ..— ..- - '- - - - - -- --------------- Total Building Bud -- - - Building Stock in % -- Building Stock in Hazard Stock Hazard Area Area Jurisdiction 13 683 625 4 5. Total Critical Total Critical Facilities % Critical Facilities in Hazard Area Facilities in Hazard Area Jurisdiction I ._.._. -._,, 00 - 0.0 Table BR -6: Hazard Data for Land Shifts, Bremerton Source Kitsap County GIS and Census 2010 Category IV: Earthquakes Probability of Occurrence: High The city of Bremerton's greatest danger is an earthquake Like other cities in Kitsap, it is vulnerable to the known faults that run east/west through the Puget Sound Region Bremerton has many older buildings, storefronts and residents as well as historical buildings Some homes and businesses have gone through retrofitting or brought up to earthquake codes established in 1980's 89% of the homes were built before 1989 A significant Puget Sound earthquake could potentially cause significant damage to the city and affect their primary economic base, merchants and the Naval Shipyard, as well as city infrastructure A significant earthquake could also damage the only airport in the area, Bremerton Airport, as well as the Casad Dam, a facility build in the 1930's as the city water supply Damage to the dam could result in flooding to the west into residence near the dam but also down the Union River and into Mason County As noted in Exhibit BR -5, few areas have a high degree of liquefaction susceptibility These areas are mostly areas that have few residence and no critical facilities Two bridges provide transportation to Bremerton from the east side One bridge is less that 3 years old and the other in good condition Table BR -7 shows all of Bremerton housing and residents affected by potential earthquakes BR -12 Appendix B 4 City of Bremerton Kitsap County Hazard Mitigation Plan 2013 AIM Bremerton WHO hud I W L. rr Y w A r .' '�, " 1- O �/ / �lf r Mtlwv Comglkvsement ul lnto,m.uoo &swa. el I too= • • ®ur lz3ffis!%�r L; Exhibit BR-5• Liquefaction Areas, City of Bremerton Source Kitsap County Department of Information Services City of Bremerton Total Population in Hazard % Population Affected Population Area By Hazard 37,729 37,729 100 Total Building Building Stock in % Building Stock in Hazard Stock Hazard Area Area Jurisdiction 13,683 13.683 lob Total Critical Total Critical Facilities % Critical Facilities in Hazard Area Facilities in Hazard Area Jurisdiction 64 64 loo Table BR-7: Hazard Data for Earthquakes, City of Bremerton Source Kitsap County GIS and Census 2010 Category Vl: Tsunamis Probability of Occurrence: Medium BR-13 Appendix B 4 City of Bremerton Kitsap County Hazard Mitigation Plan 2013 Bremerton can be affected by tsunamis, mostly in then area along the shipyard The greatest threat is inland tsunamis caused by an earthquake and subsequent tsunami in the Puget Sound waters Such a tsunami would have little warning and may cause loss of life and significant damage to areas noted in Exhibit BR -6 The Gorst areas were discussed in Section III of the Kitsap County Plan for its history of known tsunamis probably caused by an inland type and earthquake Although, there may be a surge of water, a Pacific Ocean subduction zone earthquake may force a higher than normal surge in the area causing unexpected flooding in the City of Bremerton Such a surge would disrupt transportation lines and ferries, and other potential hazards Based on tsunami models, Table BR -8 shows the potential effect of citizens and building stock in the City of Bremerton 1` V I J i �eWY Y� BR -6: Tsunami Inundation, City of Bremerton Source Kitsap County Department of Information Resources City of Bremerton Total Population in Hazard % Population Affected Population Area By Hazard 37,729 2214 5.8 BR -14 Appendix B 4 City of Bremerton Kitsap County Hazard Mitigation Plan 2013 Total Building Building Stock in % Building Stock in Hazard Stock Hazard Area Area Jurisdiction 13,683 739 Total Critical Total Critical Facilities % Critical Facilities in Hazard Area Facilities in Hazard Area Jurisdiction - -- - - -- -- --- 4 - -- - - --- — - .... — -- - - -- -_ - -- - — Table BR -8: Hazard Data for Tsunamis: Bremerton Source Kitsap County GIS and Census 2010 Mitigation Strategy BR -1 Action: Pursue seismic upgrades to the dam and provide improved monitoring and an early warning system in the event of an uncontrolled release of the reservoir caused by a dam failure as Identified in the report by Woodard -Clyde Consultants, July 1997 and in the City of Bremerton's 6- year Capital Improvement Plan Lead Department: City of Bremerton Public Works & Utilities Support Agency: Washington Department of Ecology Dam Safety Office and Mason County Division of Emergency Management Category and Priority: Cat IV /High Probably of Occurrence: Low Implementation Timeline: 1 year Implementation Costs: $ 375,000 as per Woodard -Clyde Consultants Benefit to Cost: Improve warning program for citizens downstream of Casad Dam Options and Discussion: Progress, Completed seismic bracing for the Casad Dam in -take tower Provide Mason County with telephone warning system Still looking for funding for early warning system in the event of an uncontrolled release BR -2 Action: Improve citizen preparedness programs to include mitigating residential structures Lead Department: Kitsap County Emergency Management Support Agency: City of Bremerton Category and Priority: All Categories /High Probably of Occurrence: High Implementation Timeline: Ongoing Implementation Costs $10,000 per year Benefit to Cost: Increase disaster preparedness and improve ability for structures to weather a disaster Options and Discussion: This project is ongoing and involves a continued effort to get neighborhoods involved in preparedness BR -3 Action: Pursue seismic upgrades to the Bremerton water system and its components as identified in the report by Dames & Moore, March 1997 and in the City of Bremerton's 6 -year Capital Improvement Plan Includes seismic protection of Jackson Park/NAD water main, seismic restraintlisolation valves on the Warren Avenue Bridge main Lead Department. City of Bremerton Public Works & Utilities Support Agency. Washington State Department of Health Drinking Water Programs Category and Priority: Cat IV /Medium BR -15 Appendix B 4 City of Bremerton Kitsap County Hazard Mitigation Plan 2013 Probably of Occurrence: Medium implementation Timeline: 1 -8 years implementation Costs: $ 400,000 as per Dames & Moore Report Benefit to Cost: Unknown Options and Discussion: Progress, Completed reservoir upgrades in 2009 BR -4 Action: Provide pipeline redundancy and seismic protection for the cross town main and transmission main under SR 3 Lead Department: City of Bremerton Public Works & Utilities Support Agency: Washington State Department of Health and Department of Ecology Category and Priority: All Cats /Low Probably of Occurrence: Low Implementation Timeline: Undetermined Implementation Costs: $ 3,100,000 Benefit to Cost: Unknown Options and Discussion: Improve water supply service after an earthquake BR -6 Action: Improve retrofitting of older residence in the City of Bremerton Lead Department: City of Bremerton Public Works & Utilities Support Agency: Kitsap County Department of Emergency Management Category and Priority: Cat 1V /High Probably of Occurrence: Medium Implementation Timeline: 1 -4 years Implementation Costs: $ 50,000 Benefit to Cost: High due to reducing uninsured damages after an earthquake Options and Discussion: Provide training and loans /funds to residence for retrofitting their home to reduce the effects of a potential earthquake BR -6 Action: Develop and implement projects to improve control of runoff and flooding Lead Department: City Engineering Support Agency: Community Development Category and Priority: Cat I /Medium Probability of Occurrence. High Implementation timeline: Based on size of project and availability of funds Implementation Costs: $250,000 per year Benefit to Cost: Reduces erosion and road /infrastructure maintenance Options and Discussion: When funds are available BR -16 Appendix 84 City oJBremerton Kdaap County Hazard Mitigation P|an2013 Soils (Site ClaW . Bremerton 96 r PW Exhibit BR-7: Soil (Site Class): Bremerton Source: Kitsap County Department of Information Services 2013 BF-17 | ' | / Appendix B 4 City of Bremerton Kitsap County Hazard Mitigation Plan 2013 •� • ,, NNW Wrt Camp, /I _ 11s,wnem W> BREYERT°N t / N VAN NAY If y Y � fimglY�waPM1- 1 �d1 3f N� I rte' y ,� K Q 6..atlMAw { T D k V w° �L Pd Nb � O Mai a W i Roam m a . Y _ H-PAlN I _ y Y n °t6fr Inlet ly f \ �] 9' V Exhibit BR -8: Kitsap County Damage Assessment Map, City of Bremerton Source Kitsap County Emergency Management 2010 BR -18 Appendix B 4 City of Bremerton Kitsap County Hazard Mitigation Plan 2013 Appendix BRA: City of Bremerton Asset Profile Content # of Year Flood Zip Responsible Description Building Contents w/Bld Const Ty a Stories SQ. FT. Built Plain Code Dept. Masonry City Hall 3,080,031 4,080,000 No Joisted 3 31,915 1930s No i 98337 Finance 239 4th Street Masonry Fire Station 1 2,480,640 619,696 No Joisted 2 12,800 1930s No 98337 Fire 817 Pacific Avenue - ; - Special Investigative Unit 378,169 F89,735 No Frame 2 5,400 19308 No 98312 Police Masonry Ted Tillet Fire Station 1,805,400 315,654 No Joisted 2 11,800 1979 No 98310 Fire 3031 OI m us - Masonry M Mei s Fire Station 1,469,004 315,654 No Joisted 2 9,598 1981 No 98312 Fire 5005 Kitsa Wa Masonry Golf Course Maintenance 630.360 607,028 No Joisted 1 1 9,600 19908 No Parks Sheds 7263 Old Belfav Hi hwa Sheridan Park Masonry Headquarters 2,337,361 263,925 No Joisted 2 30,000 19408 No 98310 Parks 680 Lebo Boulevard Storage Shed and Contents 47,841 - Yes Frame 1 2,100 1940s No 98310 Parks 640 Lebo Boulevard Service Building 4,080 95,013 No Frame 2 949 1950s No 98310 Parks 629 Lebo Boulevard Masonry Garages 12,530 26,393 No Joisted 1 468 1940s No 98310 Parks Lebo Boulevard - BR -19 Appendix B 4 City of Bremerton Kitsap County Hazard Mitigation Plan 2013 Police Special Operations 170,860 105,570 No Steel Frame 1 7,200 1980s No 98310 Police Bldg 3029 Olympus Drive - Reservoir#4 6,267,134 - Yes Fire Resistive 1 1940 No Water Reservoir #5 2,050,316 - Yes Fire Resistive 1 1950 No I Water Reservoir #6 284,766 Yes all steel 1 1950 No Water Reservoir #21 1,708,597 - Yes all steel 1 1983 No Water Reservoir #8 1,594,690 Yes all steel 1 1970 No Water Reservoir #11 1,047,939 - Yes Fire Resistive 1 1930s No Water Reservoir #12 1,118,561 - Yes Fire Resistive 1 1 1930s No Water Reservoir #13 569,532 - Yes Fire Resistive 1 1930s No Water Reservoir #15 i 740,392 - Yes all steel 1 1960s No I Water Reservoir #16 740,392 - Yes all steel 1 1970s I No Water Reservoir #17 740,392 - Yes all steel 1 1970s No Water Reservoir #18 740,392 - Yes I all steel 1 1 1970s No Water Reservoir #19 j 1,139,065 - Yes all steel 1 1970s No I Water Reservoir #20 740,392 Yes all steel 1 1980s No Water Glen Jarstad Aquatic 3,151,800 84,660 No Fire Resistive 2 21,000 1970s No 98310 Parks Center 500 Magnuson Wa 765,000 204,000 No I Frame 1 5,000 1940s No 98310 Parks Senior Citizens Center 1140 Ni sic 2003 BR -20 Appendix B,4 City of Bremerton Kitsap County Hazard Mitigation Plan 2013 Reservoir #10 948,740 - No all steel 1 1970s No Water Masonry Anderson Creek Well #8 99,807 - No Joisted 1 104 19705 No Water Masonry Bridle Ridge Well #9 194,361 - No Joisted 1 140 1970s No Water Masonry Pump Station #2 498,910 188,970 No Joisted 1 1,128 19805 No Water Residence Pump Station #2 52,397 No frame 1 936 1930s No Water 213,005 127,740 No Fire Resistive 1 2,700 1940s No Water Gorsl Creek Pump Station #1 - Forestry Division Office 30,755 26,393 No Mobile 1 1,375 1970s No Water Forestry Garage Building 71,761 23,225 No frame 1 2,000 1960s No Water Biosolids Storage Cover 63,240 - No Metal 1 3,200 2002 No I Water Masonry Pump Station #3 71,761 - Yes Joisted 1 18D 19905 1 No Water Pump Station #8 561,000 Yes Masonry 1 950 2003 No Water Masonry Pump Station #11 71,761 - Yes Joisted 1 225 1991 No Water Masonry Pump Station #12 71,761 - i Yes Joisted 1 323 1966 No Water Masonry Pump Station #14 71,761 - Yes Joisted 1 160 1995 No Water Pump Station #4 71,761 - Yes Frame 1 187 1950s No Water Masonry McKenna Falls Screen 113,906 73,899 No Joisted 1 323 1983 No Water Building McKenna Falls Intake Masonry 256,290 73,899 No Joisted 1 768 1996 No I Water Chlorine Facility McKenna Falls Intake Pump Station #16 322,355 Yes Masonry 1 1 520 1975 1 No Water BR -21 Appendix B 4 City of Bremerton Kitsap County Hazard Mitigation Plan 2013 Joisted Masonry 176,555 21,114 No Joisted 2 2,200 1 1940S No Water Residence /Laboratory McKenna Falls Lion's Park Boat Dock 48,932 - Frame 1 1950s No 1 98310 Parks Eastside Treatment Plant 4,727,700 - Yes Fire Resistive 1 3,981 2002 No 98310 WW 627,625 1,913,984 No Fire Resistive 2 15,2D0 1980s No 98310 Utilities Water Utility Building 3027 Olympus Drive - Masonry Well #14 73,542 12,668 No Joisted 1 104 1982 No Water 100,08 , 34,741,241 2,040,000 No Fire Resistive 3 2 1 1984 1 No 98312 1 WW Sewage Treatment Plant 1600 O ster Ba Avenue 191,363 1 80,233 1 No frame 1 3,700 1950s No 98312 Police Police Patrol Headquarters 4846 Auto Center Wa Masonry Well 917 73,542 29,560 No Joisted 1 1986 No Water Masonry 287,044 333,601 No Joisted 3 3 1930s No 98337 Comm Devel Permit Center 286 4th Street Overwater Park & Statues (Propeller, 2,775,900 45,395 No Fire Resistive 1980s No Parks Shipyard Worker, Little Bo Casad Dam 3,464,731 No Fire Resistive 1940S No Water Pump Station CE1 6,303,600 Yes Fire Resistive 2 4,182 1984 No WW Pump Station WB3 5,610,000 Yes Fire Resistive 2 2,050 1984 No WW Pump Station CW1 2,626,500 Yes Fire Resistive 2 1,302 1984 No WW BR -22 Appendix B 4 City of Bremerton Kitsap County Hazard Mitigation Plan 2013 Watershed Bridges 369,706 Fire Resistive 1,200 2000 No Water Masonry 2,731,560 918,000 No Joisted 2 30,900 1990s No i 98312 Street/Storm Public Works Complex 100 Oyster Ba - Warehouse at PW Masonry Complex 315,180 204,000 No Joisted 1 8,074 1990s No 98312 Street /Storm 100 Oyster Bay - - Booster Station #3 12,530 - Yes Fire Resistive 1 1970s No ;Wat r Masonry Booster Station #5 59,231 - Yes Joisted 1 256 1992 No r Pump Station #13 69,483 - Yes Fire Resistive 1 1942 No r Masonr y Pump Station #17 193,641 - Yes Joisted 1 480 1991 No Water Well #2R 73,542 - No Fire Resistive 1 30 1980 rN Water Well #3 73,542 No Fire Resistive 1 30 1950 W ater Well #7 94,554 No Fire Resistive 1 1992 1 No Water Well #13 73,542 No Frame 1 80 1990 No Water Well #15 73,542 No All Steel 1 80 1992 No Water Well #18 73,542 No Fire Resistive 1 336 1988 No Water Well #19 73,542 No Fire Resistive 1 1992 No Water Masonry Well #20 73,542 No Joisted 1 336 1990 No Water Well #21 99,8D7 No Fire Resistive 1 80 1988 No Water Equipment Storage Building 14,808 8,446 No Steel 1 800 1994 No Water (Biosolids App Area - Gorst) McKenna Falls Head Tank BR -23 Appendix B 4 City of Bremerton Kitsap County Hazard Mitigation Plan 2013 Booster Station #8 22,781 - Yes All Steel 1 1998 No Water Well #16 78,795 Yes Fire Resistive 1 1981 No Water Gorst Production Well 63,036 Yes Fire Resistive 1 1993 No Water Booster Station #6 22,781 Yes Fire Resistive 1 1992 No Water Booster Station #7 22,781 - Yes Fire Resistive 1 1992 No Water Masonry Police Locker Room /An 56,953 31,671 No Joisted 1 450 1960 No Polce Control Office 48462 Auto Center Wa Pump Station CE -2 525,300 Yes All Steel 1 36 1970s No WW Pump Station CE -3 1,050,600 Yes Fire Resistive 2 450 1970s No WW Pump Station CE-4 4,727,700 Yes Fire Resistive 2 3,906 1980s No WW Pump Station CE-6 2,101,200 - Yes Fire Resistive 2 966 1980s No WW Pump Station CW -2 787,950 Yes Fire Resistive 0 264 1940s No WW Pump Station CW -3 78,795 Yes All Steel 1 36 1970s No WW Pump Station CW-4 I 525,300 Yes Fire Resistive 0 100 1960s No WW Pump Station EB -2 3,570,000 Yes Fire Resistive 2 400 1970s No WW Pump Station EB -3 1,575,900 Yes Fire Resistive 2 480 1970s No WW Pump Station EB-4 210,120 j Yes All Steel 0 48 1960s No WW Pump Station EB -5 157,590 Yes All Steel 1 36 1970s No WW Pump Station EB -6 525,300 Yes Fire Resistive 1 144 1940s No WW Pump Station EB -8 262,650 Yes All Steel 1 36 1970s No WW BR -24 Appendix B 4 City of Bremerton Kitsap County Hazard Mitigation Plan 2013 Pump Station EB -9 262,650 - Yes All Steel 0 12 1970s No WW Pump Station KL -1 1,575,900 - Yes Fire Resistive 2 675 1970s No WW Pump Station KL -2 787,950 - Yes Fire Resistive 2 630 1970s No WW Pump Station KL -3 682,890 Yes Fire Resistive 2 450 1970s No WW Pump Station KL-4 787,950 - Yes Fire Resistive 2 450 1970s No WW Pump Station PB -1 787,950 - Yes All Steel 1 64 1970s No WW Pump Station P13-2 1,050,600 - Yes All Steel 1 64 1970s No WW Pump Station OB -1 4,727,700 - Yes Fire Resistive 2 1,260 1970s No WW Pump Station 013-2 1,575,900 - Yes Fire Resistive 2 480 1970s I No WW Pump Station OB -3 1,575,900 - Yes Fire Resistive 2 450 1970s No WW Pump Station OB-4 1,575,900 Yes Fire Resistive 2 1 450 1970s No WW Pump Station OB -5 1,575,900 - Yes Fire Resistive 2 480 1 1970s No WW Masonry Pump Station OB -7 525,300 - Yes Joisted 1 240 1990s No WW Pump Station MD -1 315,180 - Yes Fire Resistive 1 56 1990s No WW Pump Station WB4 262,650 - Yes All Steel 1 36 1 1970s No WW Odor Control Station #3 315,180 - Yes Fire Resistive 1 120 1990s 1 No WW Odor Control Station #1 315,180 - Yes Fire Resistive 1 1240 1990s No WW Odor Control Station #2 315,180 - Yes Fire Resistive 1 336 1990s No WW Composite Sampling Station SS -1 78,795 - Yes Fire Resistive 1 100 1980s No WW Composite Sampling Station SS -2 78,795 - Yes Fire Resistive 1 1980s No WW Corrosion Control Facile 1,116,730 Yes Mason 2 1,29D 1998 No WW BR -25 Appendix B.4 City of Bremerton Kitsap County Hazard Mitigation Plan 2013 Joisted Generator Storage Facility at Well 14 12,284 - Yes Frame 1 240 1997 No Water W Branch Water Intake Facility 647,703 Yes Fire Resistive 1 1990s No Water McKenna Falls Water Masonry Intake FacilitV 647,703 Yes Jotsted 1 1990s No Water Masonry Booster Station #10 86,990 Yes Joisted 1 504 1970s No Water Fire Department 154,200 102,000 Steel Frame 1 5,000 2003 No Fire Warehouse 3031 Olympus Pump Station WB -6 3,570,000 Yes Fire Resistive 1 900 2003 No WW Office Building 2,050,000 No Masonry 2 20,200 1977 No Econ Devel 607 6th Street - - 7,000,000 408,000 No Masonry 1 2004 No Econ Devel Conference Center 100 Washin ton Avenue Government Center 10,000,000 2,000,000 Steel Frame 5 2004 No 98337 Finance 345 6th Street Wood Fire Station # 1 3,000,000 650,000 Frame /Steel 1 2004 No 98337 Fire 911 Park Avenue Totals 189,777,209 16,120,125 BR -26 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Agreement to Renew Bremerton Study Session Date: 3/26/14 Ice Arena Concession Agreement COUNCIL MEETING Date 4/2/14 Department: Parks and Recreation Presenter: Wyn Birkenthal Phone: 473 -5752 SUMMARY: In August of 2002 the City entered into a Concession Agreement with the Bremerton Ice Arena, INC to provide a building pad and other considerations to enable the construction and operation of an Ice Arena on park land commonly known as East Park Pursuant to the proposed agreement, the Concessionaire exercises its option to renew the term of the Agreement through August 8, 2022. The City finds the Concessionaire is in compliance with terms of the agreement and is operating the Arena in a responsible fashion. ATTACHMENTS: Agreement to Renew Concession Agreement; First Amendment to Concession Agreement, and Concession Agreement Between City of Bremerton and Bremerton Ice Arena, Inc, Parks and Recreation Commission March 25, 2014 Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount). NA STUDY SESSION AGENDA ® No Presentation ❑ Full Presentation STUDY SESSION ACTION: © Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the proposed Agreement to Renew Concession Agreement and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 AGREEMENT TO RENEW CONCESSION AGREEMENT THiS "Agreement to Renew Concession Agreement" ("Renewal ") is entered Into the day of April, 2014, by and between the City of Bremerton, a Washington municipal corporation ( "City ") and Bremerton ice Arena, inc , a Washington corporation, n/k /a Bremerton ice Center, LLC, a Washington limited liability company ( "Concessionaire ") City and Concessionaire are referred to collectively as "Parties" WHEREAS, the City and Concessionaire entered into that certain Concession Agreement dated effective August 9, 2002, and that certain "First Amendment to Concession Agreement" dated effective May 2, 2012 (collectively "Agreement "), and WHEREAS, the Parties desire to renew and extend the terns of the Agreement NOW, THEREFORE, for and in consideration of the mutual benefits contained herein, the Parties hereby agree as follows 1. Concessionaire exercises its option to renew the term of the Agreement, and the City accepts said renewal 2. Concessionaire hereby swears under penalty of perjury under the laws of the state of Washington that the Concessionaire is currently in full material compliance with the terms and conditions of the Agreement 3 The term of the Agreement is renewed, extended and effective through August 8, 2022 4 The Parties waive the notice requirements for the first renewal term CITY OF BREMERTON BREMERTON ICE CENTER, LLC By By: Patty Lent, Mayor Joanne L Haselwood, Manager DATE April 2014 DATE. April , 2014 ATTEST APPROVED AS TO FORM Shannon Conn, City Clerk Roger A Lubovich, City Attorney R `Lego11Lego1xFdes \Curren1 Active Files "Brenterton Ice Arena \Bremerton Ice Arena -Concession Agreentent\Concemon Renewal 3 -11- 14 does Agreement to Renew Concession Agreement Page 1 26873 -1 3/11/2014 STATE OF WASHINGTON ) ) ss COUNTY OF KITSAP ) On this day, before me, Patty Lent, Mayor of the CITY OF BREMERTON, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute the instrument on behalf of said municipal corporation GIVEN under my hand and official seal this day of April, 2014 Notary Public in and for the State of Washington, residing at My appointment expires- STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day, before me, Joanne L Haselwood, Manager of the BREMERTON ICE CENTER, LLC, a Washington limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that she was authonzed to execute the said instrument on behalf of said company GIVEN under my hand and official seal this day of Apnl, 2014 Notary Public in and for the State of Washington, residing at My appointment expires Agreement to Renew Concession Agreement Page 2 26573 -1 31111/2014 FIRST AMENDMENT TO CONCESSION AGREEMENT THIS FIRST AMENDMENT TO CONCESSION AGREEMENT ( "Agreement') is entered into effective the Lday of Md & 2012, by and between the CITY OF BREMERTON, a Washington municipal corporation (hereinafter referred to as the "CITY "), and BREMERTON ICE ARENA, INC a Washington corporation, n/k/a BREMERTON ICE CENTER, LLC, a Washington limited liability company (hereinafter referred to as the CONCESSIONAIRE "), referred to collectively as the "Parties." I WHEREAS, on August 9th, 2002, the CITY and BREMERTON ICE ARENA, INC entered into an Agreement for the development and operation of the indoor ice arena facility, and WHEREAS, operation of the indoor ice arena facility was assumed by BREMERTON ICE CENTER, LL.C, which has been operating the ice center for approximately 7 years; and I WHEREAS, the Parties desire to amend the Agreement to allow for the sale and consumption of alcoholic beverages on the premises as authorized pursuant to Section 13.04.140 of the Bremerton Municipal code; NOW THEREFORE, the Agreement is hereby amended as follows. 1. Section 4.1.2 of the Agreement entitled "Incidental Uses" is hereby amended as follows: 4.1.2 Incidental Uses The CONCESSIONAIRE may provide incidental uses in the form of coaching and training services, food and beverage services, and the sale or rental of incidental items directly related to the use of the ice arena facility including, but not limited to, ice sports, fitness and athletic equipment, soap, shampoo, and similar shower supplies, and clothing related to ice arena and fitness pursuits. This includes hiring vendors and/or sub - concessions of interior space of the indoor ice arena facility. j 2. The term "CONCESSIONAIRE" throughout the Agreement means the Bremerton Ice Center, LLC 3. All other terms of the Agreement not specifically amended herein shall remain in full force and effect CITY OF BREMERTO I ERTON ICE CENTER, LLC By. Patty t, Mayor B . Joanne L. I Iaselwood, Manager DATE .S — /Z DATE oSO� 1 Bremerton Ice Arena — First Amendment I ST: - APPROVED AS TO FORM D I Shannon Conn, Interim City Clerk 4Rer A. Lubovich, City Attor I i STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day, before me, Patty Lent, Mayor of the CITY OF BREMERTON, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes j therein mentioned, and on oath stated that she was authorized to execute the instrument on behalf of said municipal corporation. GIVEN unppnd and official seal th' da of , 2012 %%% i , uo� , : N ublic in and forte State of Notary ~4 Washington, residing at b Pttbfia My appointment expires / ILI STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day, before me, Joanne L Haselwood, Manager of the BREMERTON ICE CENTER, LLC, a Washington limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute the said instrument on behalf of said company GIVEN u EGA LPF and official seal this o ?O day of �' /l 2012 '!SA_ Y e ' 9 Notary Public in and for thtate f ` NOTM �.� Washington, residing at My appointment expires: Yv � Ca ��O W RW R U.ega1,LcgaRF,1 sCurrcnt Aclrve HcMDmnceon ke Arcna - Conttsslon Agrc inmtftsl Amendment to Conemslon Agreement (4.6- 2012). Final doc 2 Bremerton Ice Arena — First Amendment i i f , I i CONCESSION AGREEMENT I BETWEEN CITY OF BREMERTON AND BREMERTON ICE ARENA, INC. i I .w i i i i i I TABLE OF CONTENTS RECITALS........................................................................................... ..............................1 ARTICLE 1. GROUND AND USE CONCESSION .......................... ............................... 2 1.1 Concession of Premises ............................................................. ............................... 2 1.2 Possession, Quiet Enjoyment & Covenants Real ...................... ............................... 3 1.3 CITY Payment to CONCESSIONAIRE ................................... ............................... 3 ARTICLE 2. TERM OF AGREEMENT ............................................. ............................... 3 2.1 Term ............................................................................................ ..............................3 2.2 Option to Renew ........................................................................ ............................... 3 I ARTICLE 3. CONSIDERATION ....................................................... ............................... 4 3.1. Consideration for Concession ................................................... ............................... 4 3. 1.1 Premises Use in Lieu of Cash ............................................ ............................... 4 3.1.2 Leasehold Excise Tax ........................................................ ............................... 4 I 3.2 Ice arena Equipment/Personal Property Use .............................. ............................... 5 3.3 Timing of Consideration Payment ............................................. ............................... 5 3.4 Premises Use by CITY ............................................................... ............................... 5 3.4.1. Types of Use ...................................................................... ............................... 5 3.4.2 Maintenance & Utility Costs/Clean-Up After Use ............. ............................... 5 3.4.3 Damage, Claims, & Liability .............................................. ............................... 6 3.5 Scheduling Premises Use by CITY ............................................ ............................... 6 3.5.1 Summer Quarter .................................................................. ............................... 6 3.5.2 Fall, Winter, and Spring Quarters ....................................... ............................... 6 O 3.6 CITY's Increased Premises Use ................................................ ............................... 6 ARTICLE 4. USE & OPERATION OF PREMISES .......................... ............................... 6 4.1 Use of Premises .......................................................................... ............................... 6 4.1.I Indoor Ice Arena and Recreational Uses ............................. ............................... 6 4.1.2 Incidental Uses .................................................................... ............................... 7 4.1.3 Sub - Concessions ................................................................. ............................... 7 4.1A Security and Nuisance During Use ..................................... ............................... 7 4.2 Operating Hours ......................................................................... ............................... 7 4.3 Entry by CITY ........................................................................... ............................... 8 4.4 Health Inspections ...................................................................... ............................... 8 4.5 Maintenance, Repair, & Improvements ..................................... ............................... 8 4.5.1 Maintenance ......................................................................... ..............................8 4.5.2 Sidewalks and Parking Maintenance .................................. ............................... 8 4.5.3 Janitorial and Landscaping Services ................................... ............................... 9 4.5.4 Repair of Damage ............................................................... ............................... 9 4.5.6 Improvements ..................................................................... ............................... 9 4.5.7 Alterations of Improvements after Construction ................ ............................... 9 4.6 Signs ........................................................................................... ............................... 9 4.7 Utilities ...................................................................................... ............................... 9 4.7.1 Utilit j Services and Expense .............................................. ............................... 9 4.7.2 Trash & Garbage ................................................................. .............................10 4.8 Parking ..................................................................................... ............................... 10 :10 4.9 Hazardous Substances .............................................................. ............................... 10 CONCESSION AGREEMENT r I 4 .9.1 Definition ............................................................................ .............................10 4.9.2 Information ......................................................................... .............................10 4.9.3 Indemnification ................................................................. ............................... I I 4 .10 Risk of Loss ............................................................................. .............................11 ARTICLE 5. DESIGN & CONSTRUCTION OF PREMISES ........... .............................11 5.1 Design ...................................................................................... ............................... I 1 5.2 Building & Site Plans ............................................................... ............................... l l 5.3 Construction/Site Work/ Fencing ................................................ .............................12 5.4 Construction Deadlines .............................................................. .............................12 5.5 Failure to Meet Construction Deadlines/Time of Essence ......... .............................12 5.6 Stormwater Drainage, Sewer, & Water Lines ............................ .............................12 5.7 Development and Construction Fees & Expenses ................... ............................... 12 5.8 CONCESSIONAIRE'S Development Project ............................ .............................13 5.9 No liens ..................................................................................... .............................13 ARTICLE 6. FINANCING & SECURITY DZI' ERESTS ................... .............................13 6.1 Financing - No CITY Obligation ............................................... .............................13 6.2 Security Interest in Premises & AgreementlConsent ................. .............................14 6.3 LENDER'S Reliance on Tenn and Renewal Options ................ .............................14 6.4 Surrender of the Collateral ....................................................... ............................... 15 6.5 Notice of Default and Lender's Rights ...................................... .............................15 6.5.1 Notice of Default ................................................................. .............................15 6.5.2 Termination for Monetary Default ...................................... .............................15 6.5.3 Termination for Non - Monetary Default ............................. .:...........................15 O 65.4 Termination due to Bankruptcy .......................................... .............................15 6.6 Right to Assign .......................................................................... .............................16 6.7 Disposition of Insurance ............................................................ .............................16 6.8 Right to Participate in Litigation .............................................. ............................... 16 6.9 Incorporation of Lender's Protection Provisions ....................... .............................16 6.10 Right to Remove Collateral ..................................................... .............................16 6.11 Notices ..................................................................................... .............................17 6.12 Lenders Change in Loan Terms .............................................. .............................17 i ARTICLE 7. TERMINATION ............................................................ .............................17 7.1 Failure to Perform ...................................................................... .............................17 7. 1.1 Obligation to Perform ......................................................... .............................17 7.1.2 Payments to Other Parties ................................................... .............................17 7.2 Default and Termination .......................................................... ............................... 18 7.2.1 CITY 's Default ................................................................... .............................18 7.2.2 CONCESSIONAIRE's Default .......................................... .............................18 7.2.3 Default for Other Cause ...................................................... .............................18 7.2.4 Bankruptcy ......................................................................... .............................19 7.3 Remedies Are Cumulative ......................................................... .............................19 7.4 Destruction of Premises & Use of Insurance Proceeds ............ ............................... 19 7.5 Duties upon Termination ........................................................... .............................19 7.6 Eminent Domain ........................................................................ .............................19 7.6.1 Rights of Termination ....................................................... ............................... 19 O 7.6.2 Non- Temmtination ............................................................... ............................... 20 CONCESSION AGREEMENT ii i 7.6.3 Compensation ................................................................... ............................... 20 (� ARTICLE 8. GENERAL CONDITIONS .......................................... ............................... 20 v 8.1 Relationship of Parties ............................................................. ............................... 20 8.1.1 CONCESSIONAIRE Independent Contractor Status ....... ............................... 20 8.1.2 No Third Party Rights Created ......................................... ............................... 21 8.1.3 No Joint Venture/ Partnership ............................................ ............................... 21 8.1.4 City Administration of Agreement ................................... ............................... 21 8.2 Notices ..................................................................................... ............................... 21 8.3 Reports & Information ............................................................. ............................... 22 8.4 Permits, Licenses, Taxes, & Fees ............................................ ............................... 22 8.4.1 Permits, Licenses, & Other Documents ............................ ............................... 22 8.4.2 Taxes & Fees ..................................................................... ............................... 22 8.5 Insurance .................................................................................. ............................... 22 8.5.1 Fire, Earthquake, & Casualty Insurance ........................... ............................... 22 8.5.2 Liability Insurance ............................................................ ............................... 22 8.5.3 Release and Waiver of Subrogation .................................. ............................... 23 8.6 Hold Harmless, Indemnification, & Industrial Insurance ........ ............................... 23 8.6.1 Hold Harmless & Indemnification .................................... ............................... 23 8.6.2 Industrial Insurance ........................................................... ............................... 24 8.7 Successors & Assigns .............................................................. ............................... 24 8.8 Compliance with Laws ............................................................ ............................... 24 8 .9 Nondiscrimination .................................................................... ............................... 25 8.10 Choice of Law & Venue ........................................................ ............................... 25 O 8.11 Costs & Attorneys' Fees ....................................................... ............................... 25 8.12 Modification ........................................................................... ............................... 25 8.13 Change in Law/ Renegotiation ................................................ ............................... 25 8.14 Force Majeure ........................................................................ ............................... 26 8.15 Waiver .................................................................................... ............................... 26 8.16 Illegal Provisions - Severability ............................................. ............................... 26 8.17 Article Headings, Gender, & Number ................................... ............................... 26 8.18 Entire Agreement ................................................................... ............................... 26 8.19 Counterparts ........................................................................... ............................... 26 8.20 Recording ............................................................................... ............................... 26 8.21 Approval of Agreement ........................................................ ............................... 27 8.22 Duplicate Originals ................................................................. .............................27 Exhibit A — Legal Description of Premises Exhibit B — Preliminary Building and Site Plans Exhibit C — Appraisal and Compensation Information Exhibit D — Quit Claim Deed from United States of America to the City of Bremerton CONCESSION AGREEMENT iii CONCESSION AGREEMENT lJ THIS CONCESSION AGREEMENT ( "Agreement") is entered into effective the 9th day of August, 2002 (hereinafter referred to as the "EFFECTIVE DATE"), by and between the CITY OF BREMERTON, a Washington municipal corporation (hereinafter referred to as the "CITY"), and BREMERTON ICE ARENA, INC. a Washington corporation (hereinafter referred to as the "CONCESSIONAIRE"), referred to collectively as the "Parties." RECITALS WHEREAS, the CITY is owner of the property commonly known as Eastpark; and WHEREAS, the CITY owns undeveloped land within the confines of the Eastpark available for development of an indoor ice arena facility; and WHEREAS, the CONCESSIONAIRE has the experience, ability, and resources to develop and operate an indoor ice arena facility; and WHEREAS, the Parties intend this Agreement to be a ground and use concession allowing the CONCESSIONAIRE to develop, construct, and operate an indoor ice arena O facility, for profit, on certain undeveloped land within the confines of Eastpark and which said land will remain property of the CITY; and WHEREAS, the Parties agree that no joint venture or partnership is formed as a result of this Agreement; and WHEREAS, the CONCESSIONAIRE will be responsible for the design and construction of an indoor ice arena facility, adequate parking and exterior landscaping on the CITY's real property, which visually blend with the setting, which are to be constructed within the confines of Eastpark, and all improvements to the real property will become property of the CITY at the termination of this Agreement; and WHEREAS, the CITY shall have the right to approve the final design of the improvements and shall have a continuing right to approve the exterior color of any structure on the property; and WHEREAS, the CONCESSIONAIRE will be responsible for obtaining all and financing for the development and operation of the indoor ice arena facility; WHEREAS, it is mutually understood by the Parties that any lender who provides the CONCESSIONAIRE, or successor or assign approved by the CITY, O financing, re- financing, credit lines or equipment leases, for the development and ongoing operations of the improvements and business operations will require this CONCESSION AGREEMENT 1 Agreement as protection and security for lender ( "lendeej The term "lender" shall also mean the successors and assigns of the lender, and WHEREAS, the CITY will acknowledge and consent to lender taking a first position security interest in this Agreement and the Improvements, lender taking an assignment of the right, title, claim and interest of CONCESSIONAIRE in this Agreement, lender obtaining the right of substitution for CONCESSIONAIRE, lender taking possession of the concession and improvements, lender operating the indoor ice arena facility pursuant to the terms of this Agreement, and/or lender selling, assigning and/or transferring CONCESSIONAIRE'S interest in this Agreement, the term "CONCESSIONAIRE" shall also mean successors or assigns of CONCESSIONAIRE as approved by the CITY; WITNESSETH: NOW, THEREFORE, in consideration of the promises, covenants, and provisions set forth in this Agreement, the Parties agree as follows: ARTICLE 1. GROUND AND USE CONCESSION 1.1 Concession of Premises CITY hereby grants a ground and use concession to CONCESSIONAIRE of approximately one hundred forty -four thousand four lnmdred fifty -six square feet (144,456 sq. ft.) of undeveloped land located within the confines of Eastpark (hereinafter referred to as "Concession ") on real property legally described in Exhibit A attached hereto and incorporated by reference for development, construction, maintenance, and operation, for profit, of an indoor ice arena facility including buildfng(s), fixtures, appurtenances, larking and exterior landscaping (hereinafter referred to as "Improvements "), and generally shown in the preliminary building and site plan in Exhibit B attached hereto and incorporated by reference. (Collectively referred to as "Premises") (Premises does not include the fee ownership or leasehold interest of the real property upon which the Improvements are located). The CITY represents and warrants that the Premises are currently zoned for the uses contemplated hereunder and no further proceedings are required therefor. CONCESSIONAIRE hereby agrees to the terms and conditions of this Agreement. The Parties agree that the Premises are currently undeveloped with no permanent structures, and that any and all development and construction of improvements to the Premises are owned by CONCESSIONAIRE during the term of this Agreement, subject to any security interest of lender, if any. Upon the expiration of the term(s) of this Agreement pursuant to Article 2, or upon the termination of this Agreement, other than as a result of condemnation proceedings, the then existing improvements on the Premises will become the property of and owned by the CITY subject to lenders rights as set forth in Article 6. The common address of the Premises is 1950 Homer Jones Bremerton WA, 98310. O If in the future, during the term of this concession, a piece of property of comparable worth to the real property described in Exhibit A and the concession CONCESSION AGREEMENT 2 consideration described in Exhibit C and considered a valuable addition to the Bremerton {� Parks and Recreation inventory becomes available, the CITY would consider a property v trade with the CONCESSIONAIRE assuming all the requirements of the Department of Interior and the Quitclaim Deed conveying the property to the CITY and related C1TY ordinances are met. The CITY, at its sole discretion, may accept or reject any proposal for such property trade. 1.2 Possession, Quiet Enjoyment & Covenants Real Except as provided in Articles 3 & 4.3 herein, the CONCESSIONAIRE shall be entitled to exclusive possession of the Premises, except the parking areas, upon commencement of the development and construction of the Improvements as set forth by Article 5.4 herein. Upon taking possession of the Premises, and on performing all the covenants and conditions herein, the CONCESSIONAIRE shall peaceably and quietly have, hold, and enjoy the Premises at all times during the full term of this Agreement. Every covenant in this Agreement shall be deemed and treated to be a covenant running with the Premises during the full term of the Agreement, and shall extend to the heirs, legal representatives, successors, and assigns of the Parties. No change in CITY's ownership of the Premises, or rights to the payments hereunder, however accomplished, shall operate to enlarge the obligations or reduce the rights of CONCESSIONAIRE. No change in C1TY's ownership of the Premises shall be binding upon CONCESSIONAIRE for any purpose until CONCESSIONAIRE shall have been given written notice thereof. 1.3 CITY Payment to CONCESSIONAIRE O In addition to the concession granted herein and as an incentive to CONCESSIONAIRE to locate an indoor ice arena facility within the City of Bremerton and to help defray the costs of relocating the facility from the initially proposed site in Kitsap County and in consideration of additional future use of the Premises by the CITY as set forth in Article 3, the CITY shall pay CONCESSIONAIRE $175,000 as follows: $100,000 upon issuance of a building permit for the ice arena structure, and $75,000 upon completion of the roof of the structure. ARTICLE 2. TERM OF AGREEMENT 2.1 Term The term of this Agreement shall be 10 years, commencing upon the EFFECTIVE DATE of this Agreement. 2.2 Option to Renew The CITY agrees to offer the CONCESSIONAIRE four (4) successive ten (10) year options to renew this Agreement, contingent upon CONCESSIONAIRE remaining in full compliance with the terms and conditions of this Agreement and further contingent on the CrrY accepting the level of insurance coverage required in Section 8.5.2 for the new 10 year term exercised by CONCESSIONAIRE, which acceptance will not be unreasonably denied. To execute an option for renewal, the CONCESSIONAIRE, not O more than 180 days and not less than 60 days prior to the expiration of the term, shall give written notice to the CITY that the CONCESSIONAIRE is exercising the CONCESSION AGREEMENT 3 I CONCESSIONAIRE's option for an additional ten (10) year term. The CONCESSIONAIRE's written notice shall include a sworn affidavit that the CONCESSIONAIRE is currently in full compliance with the terms and conditions of this Agreement. The option will become effective upon receipt by the CITY of CONCESSIONAIRE's written notice and sworn affidavit and no furtber process or documentation will be required, provided, however upon CONCESSIONAIRE's request, the CITY shall provide a written acknowledgement that such option has been exercised and is in effect. If the option(s) to renew are not exercised, then the Agreement shall expire at the conclusion of the expiring term. ARTICLE 3. CONSIDERATION 3.1. Consideration for Concession. 3.1.1 Premises Use in Lieu of Cash As consideration for the ground and use concession granted by the CITY to the CONCESSIONAIRE and the payment of $175,000 by the CITY to CONCESSIONAIRE pursuant to Article 1.3, the CONCESSIONAIRE shall provide fair and equitable compensation to the CITY based upon an appraisal of the Premises at the effective date of this Agreement conducted on behalf of the CITY by a certified appraiser pursuant to the Appraisal and Compensation Information described in Exhibit C attached hereto and incorporated by reference. In lieu of cash payments, the annual compensation provided O by the CONCESSIONAIRE to the CITY shall be in the form of hours of use of the Premises as established in Exhibit C. Premises use by the CITY shall be governed by Article 3.3 herein. Said kinds of use to be determined at the sole discretion of the CITY, so long as such use is not incompatible with the facility's design purpose(s). 3.1.2 Leasehold Excise Tax Pursuant to RCW 82.29A.020(1), concessions fall within the definition of leasehold interest, therefore, even though this agreement is not for a lease, it is still subject to the leasehold tax set forth in Chapter 82.29A RCW. Accordingly, CONCESSIONAIRE agrees to pay, in addition to other taxes and fees pursuant to Article 8.4.2, the leasehold excise tax pursuant to Chapter 82.29A RCW. The tax will be based on the current appraised value of use of the property through this concession agreement (concession rate value) as set forth in Exhibit C in the amount of $23,112 per year. Since consideration to the City for this property use consists of hours of ice time at the Premises established through a formula based upon the current hourly value of ice time, no adjustments will be made for the property use or value of ice time during the term(s) of this agreement. Therefore, for purposes of assessment and payment of the leasehold tax only, the appraised value of the use of the property ($23,112) will be adjusted every five years during the term(s) of this agreement based upon the prior five years' Consumer Price Index (CPT) for all urban consumers as published by the United States Department of Labor for Seattle- Tacoma - Bremerton, all items (1982- 84100) For purposes of the CPI adjustment, the base shall be the June 2002 CPI index with adjustments made June to O June every five years (ie. June 2002- June 2007). In addition, CONCESSIONAIRE agrees to pay when due, the leasehold excise tax, or any additional assessments thereto, CONCESSION AGREEMENT 4 with respect to any payment or obligation hereunder, which is deemed by the State of (� Washington to be taxable rent under said chapter and to indemnify and hold the City �✓ harmless from the same. CONCESSIONAIRE shall pay quarterly to the City by the fifteenth day of the month following the end of each quarter, or as otherwise required by the State of Washington, the amount of the leasehold tax owing. The leasehold tax will begin accruing on the beginning of the fast full month of issuance of the building permit for the ice arena structure. 3.2 Ice arena Equipment/Personal Property Use Premises use by the CITY received as consideration for this Agreement does not include the use by the CITY of any of the CONCESSIONAIRE's ice arena equipment or other personal property. Use by the CITY of any of the CONCESSIONAIRE's ice arena equipment or other personal property will be negotiated separately between the CITY and the CONCESSIONAIRE and is outside the scope of this Agreement. 3.3 Timing of Consideration Payment The consideration paid by the CONCESSIONAIRE in the form of Premises use by the CITY shall commence accruing from the date the Occupancy Permit is issued. It is mutually understood and agreed that the CITY can receive its full annual compensation of hours of Premises use at any time during the 12 month period- beginning with the date CONCESSIONAARE receives the occupancy permit for use and every 12 month period O thereafter. It is mutually understood and agreed to that any CrrY hours which are unused in a given year do not accrue or transfer over into a new year unless mutually agreed. 3A Premises Use by CITY 3.4.1. Types of Use The hours of Premises use provided by the CONCESSIONAIRE to the CITY in consideration for this Agreement are intended to provide recreational opportunities of a suitable and compatible nature for the residents of the CITY as part of the Parks and Recreation programs. Such Premises use by the CrrY shall be without cost to the CITY to the extent of the annual hours of use of the Premises, pursuant to Articles 3.1, 3.2 and 3.3 herein. This will exclude the use of proprietary or sub -concessioned spaces within the facility, including but not limited to management offices, refrigeration and maintenance areas, and fitness club. It is mutually understood that the CITY will, under all reasonable conditions, have the use of the ice surface (CONCESSIONNAIRE will provide a clean surface prior to CITY use), party (multi-use) and team rooms, first aid room, lobby and restrooms. 3.4.2 Maintenance &Utility Costs/Clean -Up After Use The CONCESSIONAIRE shall be responsible for all overhead costs, including the utilities and general maintenance, of the Premises during the use of the Premises by the CrrY. The CrrY agrees to clean -up the Premises after each CITY use. O CONCESSION AGREEMENT 5 3.43 Damage, Claims, & Liability The CITY shall be responsible for all damage or claims that may arise out of the Premises use by any of the CITY's employees, agents, guests, or invitees. The CITY, during such periods of use, shall supervise or cause the C1TY's employees, agents, guests, or invitees to be supervised. The provisions for mutual indemnity, hold harmless, and liability insurance pursuant to Articles 8.5 & 8.6 herein apply during Premises use by the CITY. 3.5 Scheduling Premises Use by CITY The CITY and the CONCESSIONAIRE shall meet at least quarterly and other times as necessary, to determine how such Premises use hours shall be allocated to the CITY in the upcoming quarter in accordance with the following provisions. The CITY's use shall be during normal operating hours of the facility, unless otherwise agreed. 3.5.1 Summer Quarter The CITY shall have the full discretion to determine which hours of Premises use the CITY intends to use during the Summer quarter (June, July, and August) of each year. At the CITY'S discretion, the CITY has the right to schedule its full annual compensation of hours of premises use during the summer quarter, however, it is mutually understood and agreed to that, unless CONCESSIONAIRE agrees otherwise in advance, the maximum hours the CITY may schedule in a single calendar month is 70 hours. 3.5.2 FaU, Winter, and Spring Quarters The CONCESSIONAIRE shall have the full discretion to determine which hours of Premises use the CONCESSIONAIRE may use the Premises during the Fall quarter (September, October, and November), Winter quarter (December, January, and February), and Spring quarter (March, April, and May) of each year. The CONCESSIONAIRE has the right to schedule the CITY'S remaining compensation, if any, of Premises use not previously scheduled by the CITY during the Summer quarter. The CONCESSIONAIRE's discretion to schedule CITY use under this Article is limited to scheduling CITY use during normal business hours. 3.6 CI TY's Increased Premises Use The CITY may increase its hours of Premises use beyond its annual compensation by paying to the CONCESSIONAIRE an hourly rate not to exceed the rate then in effect by the CONCESSIONAIRE for general public use and with scheduling at the discretion of the CONCESSIONAIRE. ARTICLE 4. USE & OPERATION OF PREMISES 4.1 Use of Premises 4.1.1 Indoor Ice Arena and Recreational Uses The CONCESSIONAIRE will use and occupy the Premises throughout the full term of this Agreement for the purpose of providing indoor ice sports, fitness, recreation, and community activities directly related to the operation of an indoor ice arena. CONCESSION AGREEMENT 6 4.1.2lncidental Uses The CONCESSIONAIRE may provide incidental uses in the form of coaching and training services, food and beverage services, and the sale or rental of incidental items directly related to the use of the ice arena facility including, but not limited to, ice sports, fitness and athletic equipment, soap, shampoo, and similar shower supplies, and clothing related to ice arena and fitness pursuits. This includes hiring vendors and/or sub- concessions of interior space of the indoor ice arena facility. CONCESSIONAIRE agrees that no alcohol will be sold or consumed on the premises. 41.3 Sub-Concessions All sub - concessions will require the prior written consent of the Mayor or designee, which consent will not be unreasonably withheld, and comply with any requirements of the U.S. Secretary of Interior for the granting of concessions on the subject property pursuant to the quitclaim deed, attached hereto as Exhibit D and incorporated by reference, transferring title to the CITY to the real property upon which this concession is granted. THE U.S. SECRETARY OF THE INTERIOR, THROUGH THE NATIONAL PARK SERVICE, CONSENTING TO THIS AG REEME NT , WAIVES ANY RIGHT TO REVIEW AND APPROVE SUB - CONCESSIONS WHICH DO NOT REQUIRE THE APPROVAL OF THE CITY COUNCIL. 4.1.4 Security and Nuisance During Use The CONCESSIONAIRE shall take reasonable precautions in securing the O Premises during the full term of this Agreement. The CONCESSIONAIRE shall use the Premises for no unlawful purposes and shall not use or occupy the Premises in any manner, which would constitute a public nuisance or violate State or CITY laws. 4.2 Operating Hours The availability of recreational opportunities for CITY residents is a material consideration for this Agreement. Accordingly and during the full term of this Agreement, the CONCESSIONAIRE shall continuously conduct and carry on the CONCESSIONAIRE'S permitted uses and shall keep the Premises open for business and cause the CONCESSIONAIRE'S business to be conducted therein during the usual business hours of each and every business day as mutually agreed upon. This provision shall not apply if the Premises should be closed and the business of CONCESSIONAIRE is temporarily suspended on account of weather conditions, power outages, labor strikes, lockouts, or similar causes beyond the reasonable control of CONCESSIONAIRE, or for maintenance, remodeling, repair, or renovation as approved by the CITY in writing (including approvals of any construction schedules.) The CONCESSIONAIRE covenants and agrees to provide sufficient personnel, and to keep the Premises adequately stocked with merchandise, recreational equipment, fixtures, and facilities so as to conduct its business in accordance with sound business practice. The CONCESSIONAIRE, in order to keep its business commitments, shall be in operation in accordance with sound business practice. �l CONCESSION AGREEMENT 7 r - I 43 Entry by CITY CITY may enter the Premises at all reasonable times during normal hours of business operations to inspect; provide services required hereunder, post notices of CONCESSIONAIRE's noncompliance with the provisions of this concession, all without being deemed a constructive eviction. Any person or persons who may have an interest in the purpose of CITY's visit may accompany CITY. CITY has the right to use any and all means that CITY deems proper to open doors and gates in an emergency in order to obtain entry to the Premises. Except in an emergency, 24 hours notice shall be given by the CITY before entry by the CITY into proprietary area of the facility. 4.4 Health Inspections CONCESSIONAIRE shall not knowingly commit or willfully permit to be committed any act or thing contrary to the riles and regulations prescribed by the local board of health, or which shall be contrary to the laws, Hiles or regulations of any federal, state or municipal authority. CONCESSIONAIRE shall allow the Bremerton - Kitsap County Health Department to make regular and ordinary inspections of the Premises as said health department may deem proper. 4.5 Maintenance, Repair, & Improvements 4.5.1 Maintenance CONCESSIONAIRE shall, at its sole cost and expense, clean and maintain the Premises, and make repairs, restorations, and replacements to all improvements to the Premises, including without limitation the heating, ventilating, air conditioning, mechanical, electrical, and plumbing systems, structural roof, walls, and foundations, roof coverings, sprinkling and irrigation systems, playing surfaces and the fixtures and appurtenances to the Premises as and when needed to preserve them in "first class" condition and repair (less normal wear from use) throughout the full term. CONCESSIONAIRE shall further keep in repair and maintain as necessary all machinery, equipment and facilities necessary for the playing of sports and the comfort of players. CONCESSIONAIRE shall paint the exterior of the buildings (except the metal) with such frequency as may be required to maintain their good, clean appearance. All such repairs, restorations, and replacements will be in quality and workmanship at least equal to the original work or installations. If CONCESSIONAIRE fails to make such repairs, restorations, or replacements, following a notice of default and opportunity to cure as provided for in Articles 6 and 7, CITY may make them at the expense of CONCESSIONAIRE and such expense will be paid by CONCESSIONAIRE within fifteen (15) days after delivery of a statement for such expense. 4.5.2 SidewaUs and Parking Maintenance At its sole cost and expense, CONCESSIONAIRE shall maintain all sidewalks and parking lots on the Premises in good and presentable condition during the full term of this Agreement, shall be responsible for correcting any unsafe conditions, and shall be responsible for the removal of ice and snow from the sidewalks and parking lots as necessary for safe operation of the Premises. CONCESSION AGREEMENT 8 4.5.3 Janitorial and Landscaping Services At its sole cost and expense, CONCESSIONAIRE shall keep the Premises clean, and shall provide sufficient janitorial services to maintain a tidy appearance on and about the Premises. CONCESSIONAIRE shall provide landscaping maintenance services such that landscaping on the Premises remains healthy, attractive, and well maintained. 4'.5.4 Repair of Damage Except that which may be caused by the actions, activities or negligence of the CITY or its agents, representatives, employees, guests or invitees, in the event any damage or injury shall occur to the Premises of any kind or nature whatsoever, CONCESSIONAIRE shall promptly cause said damage or injury to be fully repaired at CONCESSIONAIRE'S own cost and expense. In the event CONCESSIONAIRE fails to accomplish such repairs within fifteen (15) days of receipt of written notice by the CITY, then in that event CITY may, but is not required to, enter the Premises and accomplish such repairs and bill CONCESSIONAIRE who will pay the bill within fifteen (15) days after delivery of a statement for such expense. Any such damage or injury to the Premises caused by the actions, activities or negligence of the CITY or its agents, representatives, employees, guests or invitees shall be promptly repaired by the CITY at its cost and expense. 4.5.6 Improvements The CONCESSIONAIRE shall be solely responsible for providing adequate O funding for any alterations or improvements as provided in this Agreement and such alterations or improvements shall be made without cost to the CITY. 4.5.7 Alterations of Improvements q ter Construction After such time as the Improvements have been completed and accepted as defined above, the CONCESSIONAIRE shall not make any material alteration to the Premises including any changes to the landscaping, without the CITY'S prior written consent, which consent will not be unreasonably withheld. 4.6 Signs CONCESSIONAIRE may place and maintain signs upon the Premises in accordance with the sign ordinance of the CITY. 4.7 Utilities 4.7.1 Utility Services and Expense The CONCESSIONAIRE will pay for all water, gas, garbage, sewage, electricity, telephone, and other utilities and communications services used by CONCESSIONAIRE on the Premises, whether or not such services are billed directly to CONCESSIONAIRE. CONCESSIONAIRE will also procure, or cause to be procured, without cost to the CITY, any and all necessary permits, licenses, or other authorizations required for the lawful and proper installation and maintenance upon the Premises of utility O appurtenances and appliances for use in supplying such utilities and services to and upon the Premises. The CITY, upon request of CONCESSIONAIRE, and at the sole expense CONCESSION AGREEMENT 9 and liability of the CONCESSIONAIRE, will join with CONCESSIONAIREi in any application required for obtaining or continuing any such services, provided that such J services do not violate any other applicable provision of this Agreement The CITY shall not be held liable for any injury, loss, or damage caused by or resulting from any interruption or failure of utility services due to any cause whatsoever, except the CITY's sole negligence. CONCESSIONAIRE shall not be entitled to any offset, reduction, or return of consideration as a result of any interruption or failure of services. 4.7.2 Thrash & Garbage The CONCESSIONAIRE shall place all trash and garbage into such areas and containers as are designed and intended to accommodate the trash and garbage generated j within or on the premises. The CONCESSIONAIRE shall not allow trash and/or garbage to accumulate such that a nuisance or health hazard results. 4.8 Parking The CONCESSIONAIRE shall develop parking on the real property described in Exhibit A providing a minimum of 155 vehicle parking Spaces for CONCESSIONAIRE's non- exclusive use in connection with the Premises, as identified more particularly described in Exhibit B. CITY may use this parking lot for activities of the MY or its assigns at Eastpark in a manner not inconsistent or interfering with CONCESSIONAIRE's use of the parking lot. 4.9 Hazardous Substances O 4.9.1 Defrnidon As used herein, the term "Hazardous Substance" means any hazardous, toxic, or dangerous substance, waste, or material, which is or becomes regulated under any federal, state, or local statute, ordinance, Wile, regulation, or other law now or hereafter in affect pertaining to environmental protection, contamination, or cleanup. 4.9.2Inforotatlon CONCESSIONAIRE shall keep upon the Premises, in a location accessible to CrrY, on request during normal business hours, copies of all reports regarding hazardous or toxic materials in the Premises that CONCESSIONAIRE has provided to any governmental agency in the previous quarter. CONCESSIONAIRE shall, upon request and at CONCESSIONAIRE'S expense, provide CITY with a copy of any such report as to which CITY request a copy. In the event of any accident, spill, or other incident involving hazardous or toxic matter that CONCESSIONAIRE is required to report to any governmental agency, CONCESSIONAIRE shall immediately report the same to the CrrY and supply CITY with all information and reports with respect to the same, together with CONCESSIONAIRE'S clean -up or remediation plan and schedule. If such clean -up or remediation plan is not acceptable to CITY in CrrY'S sole discretion, CrrY may so notify CONCESSIONAIRE and, upon 48 hours prior written notice (or without notice if so required by an emergency) may enter on the Premises to conduct the cleanup O and/or remediation and charge CONCESSIONAIRE the costs thereof. For non- emergency cleanup and/or remediation, prior to the CITY exercising its right to cleanup CONCESSION AGREEMENT 10 and/or remediation on the Premises, the parties will mutually agree upon a consultant for determining the method of cleanup and/or remediation. All information described herein shall be provided to CITY regardless of any claim by CONCESSIONAIRE that it is confidential or privileged, provided that the CITY shall not publish or disclose the information to any third party except as pursuant to Chapter 42.17 RCW. A9.3Indemn(/icadoe CONCESSIONAIRE agrees to hold harmless, protect, indemnify, and defend CITY from and against any damage, loss, claim, or liability, INCLUDING Attorney's fees and costs, resulting from CONCESSIONAIRE'S use, disposal, transportation, generation, and/or sale of any Hazardous Substances. The CrIT agrees to hold harmless, protect, indemnify, and defend CONCESSIONAIRE from and against any damage, loss, claim, or liability, including attorney's fees and costs, resulting from (a) Hazardous Substances existing on the Premises as of the EFFECTIVE DATE of this Agreement; or (b) Hazardous Substances thereafter used, disposed of, or generated on the Premises by the CITY. These indemnities will survive the termination of this Agreement, whether by expiration of the Term or otherwise. 4.10 Risk of Loss All personal property of any kind or description whatsoever in the Premises shall be at the CONCESSIONAIRE's sole risk, and CITY shall not be liable for any damage done to, or loss of, such personal property. However. CONCESSIONAIRE is not responsible for losses or claims of damaged or stolen property under the care and control of the CITY during the CrrY'S use periods. ARTICLE S. DESIGN & CONSTRUCTION OF PREMISES 5.1 Design The CONCESSIONAIRE shall retain a licensed architect or licensed professional engineer, registered in the State of Washington, who shall design the indoor ice arena facility and exterior landscaping, which shall visually blend with the setting. The CITY shall have the right to approve the final design of the Improvements and shall have a continuing right to approve the exterior color of any structure on the Premises, which approval shall not be unreasonably withheld. CONCESSIONAIRE shall comply with the Americans with Disabilities Act of 1990 (ADA) in the design, construction, and operation of the Premises. 5.2 Building & Site Plans The CONCESSIONAIRE shall retain a licensed architect or licensed professional engineer, registered in the State of Washington, to prepare building and site plans for the Premises, which shall reference the structure, utilities generally, and landscape plan. The CITY shall have the right to approve the final building and site plans, which approval shall not be unreasonably withheld. CONCESSION AGREEMENT 11 1 53 Construction/Site Work/Fencing The CONCESSIONAIRE shall be solely responsible for all development and construction of the premises and hold the CITY harmless from any and all claims arising out of the development and construction of the premises pursuant to Article 8.6 herein, except as may be caused by the sole acts or negligence of the CTTY or its agents, representatives or employees. CONCESSIONAIRE shall be responsible for the site work, all required permits and grading. CONCESSIONAIRE shall property barricade the work area and install signage directing unauthorized person not to enter onto the building site during any phase of development or construction. Unless otherwise agreed fencing shall i be placed around the work area. In addition, the building site shall be kept in a clean and organized condition during development periods. CONCESSIONAIRE shall be responsible for site security, traffic and pedestrian warnings at the site during the development and construction phases. i SA Construction Deadlines CONCESSIONAIRE shall be required to commence development and construction of the premises within nine months of the EFFECTIVE DATE of this Agreement. Commencement of development and construction of the Premises is defined as that date upon which there is physical movement or grading of the soil in preparation for construction of any structure on the Premises. CONCESSIONAIRE shall be required to complete the development and construction of the Premises within eighteen (18) months of the EFFECTIVE DATE of this Agreement. Completion of the development O and construction of the Premises is defined as that date upon which all final occupancy permits are obtained by the CONCESSIONAIRE for all structures on the Premises. 5S Failure to Meet Construction DeadlinesMme of Essence Except as provided in Article 8.15 herein, it is mutually unders tood and agreed that failure by the CONCESSIONAIRE to meet the development and construction deadlines shall constitute a material breach of this Agreement by the CONCESSIONAIRE and the CITY, at its option, can terminate this Agreement for cause pursuant to Article 7, subject, however, to the provisions of Article 6 below. Time is of the essence with this Agreement. 5.6 Stormwater Drainage, Sewer, & Water Lines The CONCESSIONAIRE will be responsible for relocating storm drains, sewers, and water lines to the Premises, as required to complete development and construction of the Improvements. The CITY shall provide CONCESSIONAIRE with all pertinent information concerning the location of such existing lines. 5.7 Development and Construction Fees & Expenses The CONCESSIONAIRE shall be responsible for obtaining and paying for necessary permits, fees, and expenses associated with the development and construction of the Improvements. In addition, CONCESSIONAIRE shall be responsible for any additional costs for inspections billed to the CITY by any government agency, including O but not limited to the City of Bremerton, Kitsap County, or the State of Washington. CONCESSION AGREEMENT 12 5.8 CONCESSIONAIRE's Development Project The development and construction of Improvements on the Premises is CONCESSIONAIRE's development project and is not a CITY public works project. CONCESSIONAIRE is the developer and the CITY is not an owner, partner, joint venturer, nor maintains any other business relationship with the CONCESSIONAIRE regarding the indoor ice arena facility other than as grantor of a concession and user of the Premises. The CITY is not involved with, nor has any responsibilities for, the bidding, contracting or operations of the Premises and will occupy no space in the Premises. The project signage and all literature, advertising by either the CITY or CONCESSIONAIRE shall not indicate in any manner that this is a CITY project, contract, or other misleading statement indicating that this project is a CITY public work project directly or indirectly. 5.9 No Liens Except liens and encumbrances of any lender pursuant to Article 6 herein, it is mutually understood and agreed that the CONCESSIONAIRE shall have no authority , express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of the CITY in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with CONCESSIONAIRE, including those who may famish materials or perform labor for any construction or repairs, and each such claim shall affect and each such lien shall attach to, if at all, only the right and interest granted to CONCESSIONAIRE by this Agreement. If any such liens are filed, CITY may, without waiving its rights and O remedies for breach, and without releasing CONCESSIONAIRE from its obligations hereunder, require CONCESSIONAIRE to post security in form and amount reasonably satisfactory to CITY or cause such liens to be released by any means CITY deems proper, including payment in satisfaction of the claim giving rise to the lien. CONCESSIONAIRE shall pay to CITY upon demand any sum paid by CITY to remove the liens. Further, CONCESSIONAIRE agrees that it will save and hold the CITY harmless from any and all loss, cost, or expenses based on or arising out of the asserted claims or liens, except those of the lender pursuant to the provisions of this Agreement, against this Agreement or against the right, title, and interest of the CITY in the Premises or under the terms of this Agreement, including reasonable attorney's fees and costs incurred by CITY in removing such liens, and in enforcing this paragraph. Additionally, it is mutually understood and agreed that this paragraph is intended to be a continuing provision applicable to future repairs and improvements after the initial construction phase. ARTICLE 6. FINANCING & SECURITY INTERESTS 6.1 Financing - No CITY Obligation CONCESSIONAIRE shall be solely responsible for all financing requirements for all construction, maintenance, repairs, or subsequent improvements to the Premises. The CITY shall be under no obligation directly or indirectly to pay for any labor, material, or O improvement associated with the facility except as provided herein or mutually agreed upon. The CONCESSIONAIRE shall, in applying and obtaining financing, inform any CONCESSION AGREEMENT 13 lender that the CITY has no financial obligations associated with the construction, (� maintenance, repairs or subsequent improvements to the Premises. �! 6.2 Security Interest in Premises & Agreement/Consent The CITY consents to the grant, transfer, pledge and assignment of any and all right, title, claim, interest of CONCESSIONAIRE in and to this Agreement and in the Premises, including improvements and personal property on the Premises ( "Collateral ") to lender for financing purposes, including the re- financing of any loans and leasing of equipment. The CrrY shall recognize lender's fast priority security interest in the Collateral and the CITY hereby subordinates any and all interest of the CITY in said Collateral to lender. CONCESSIONAIRE acknowledges that the CrrY will not grant any security interest to any lender in CrrY real property nor will the CrrY allow any encumbrance of any kind or nature whatsoever upon, or in any manner on its title to CfI'Y real property. In the event of default by CONCESSIONAIRE to lender, in addition to all its rights and remedies available at law and equity, lender may enforce and/or foreclose its security interesthaterests in the Collateral. CITY agrees that in connection with any such default, and all without further consent of CITY, lender may: a. Acquire CONCESSIONAIRE'S interest in the Collateral either by a deed in lieu of foreclosure or actual foreclosure; b. Rent and/or grant a ground and use concession of the Pretrdses subject to this Agreement pending foreclosure of the Collateral by lender, c. Assign, sell and/or transfer the Collateral in whole or in part to any person or entity; O d. Take possession of any or all of the Collateral, obtain right of substitution for CONCESSIONAIRE and operate said Collateral; and/or e. Appoint a receiver. f. All other rights and remedies at law or in equity. Any assignment or transfer under Article 6.2 is subject to Article 8.7. Lender shall have no interest in improvements located on the Premises at the time of expiration of the term or terms of this Agreement pursuant to Article 2, at which time, all improvements shall become the property of the CrrY. 6.3 LENDER'S Reliance on Term and Renewal Options The City acknowledges that the CONCESSIONAIRE, in making application for financing, may be required to have an assurance that the terms of this Agreement will extend beyond the term of the financing term. By its signature to this Agreement, the CITY confirms its authority to provide the ten -year Agreement term with four options to extend the ten -year Agreement for a total of fifty years with the renewal options conditioned solely upon the CONCESSIONAIRE maintaining current payments and remaining in full compliance with the terms and conditions of this Agreement. Lender may, but is not obligated to exercise CONCESSIONAIRE's right to renew and extend the terms of this Agreement. Additionally, the CITY acknowledges that, after any original financing commitments by the CONCESSIONAIRE have been satisfied, these financing provisions shall be applicable to all future advances or financing required by the O CONCESSION AGREEMENT 14 i CONCESSIONAIRE and used solely for the improvements and repairs of the Premises (� or re- financing such obligations periodically thereafter. v 6.4 Surrender of the Collateral No surrender of Collateral or the Premises to lender subject to this Agreement or any other act of CONCESSIONAIRE shall be deemed to terminate this Agreement. CITY will not terminate this Agreement voluntarily by agreement with CONCESSIONAIRE unless lender has been previously notified in writing and has consented to the termination in writing. This Agreement shall not be amended or modified unless lender has been previously notified in writing and has consented to such amendment or modification in writing. 6.5 Notice of Default and Lender's Rights 6.5.1 Notice of Default If CONCESSIONAIRE defaults under this Agreement or if any event occurs which would give CITY the right to terminate, modify, amend or shorten the term of this Agreement, CITY shall take no steps to exercise any right it may have under this Agreement without first giving lender written notice of such default in accordance with Article 6.11 below. A copy of each and every notice of default served or sent by CITY or its agent to or upon CONCESSIONAIRE pursuant to this Agreement shall be sent contemporaneously to lender in accordance with Article 6.11 below. Such notice of default shall specify the event or events of default then outstanding and the time period at O the end of which the indicated action would become effective. 6.5.2 Termination for Monetary Default If the notice of default given by CITY to lender relates to a monetary default and CONCESSIONAIRE has not cured such monetary default within 30 days after lender receives the notice and CONCESSIONAIRE'S failure to cure results in CITY desiring to terminate this Agreement, CITY may terminate this Agreement pursuant to Article 7 if such monetary default is not cured by either CONCESSIONAIRE or lender within forty - five (45) days after lender receives the notice of default. 6.5.3 Termination for Non - Monetary Default If the notice of default given by CITY to lender relates to a non - monetary default and CONCESSIONAIRE has not cured, or diligently pursued curing, such non - monetary default within thirty (30) days after lender receives the notice, CITY may terminate this Agreement pursuant to Article 7 if such non - monetary default is not cured by either CONCESSIONAIRE or lender within sixty (60) days after lender receives notice of default. 6.5.4 Termination due to Bankruptcy CITY shall not terminate this Agreement because of CONCESSIONAIRE'S breach of any terms of this Agreement relating to the solvency of CONCESSIONAIRE or the institution of any bankruptcy, insolvency, receivership or related action by or CONCESSION AGREEMENT 15 1 against CONCESSIONAIRE as long as lender cures any default under this Agreement by CONCESSIONAIRE as provided herein, except that lender shall not be required to cure any defaults relating to solvency of CONCESSIONAIRE. 6.6 Right to Assign Lender shall have the right to assign its interest in the Collateral. Upon the purchaser's, assignee's or transferee's assumption of lenders assigned interest and agreement to perform and be bound by all of the terms of this Agreement, lender shall be relieved from further liability under this Agreement. If a lender finances the purchaser, assignee or transferee, said lender shall be subject to all obligations as set forth in this Agreement. Any successor lender shall be bound by the terms and conditions of this Agreement. 6.7 Disposition of Insurance Should the Collateral suffer any loss which is covered by casualty insurance, and the insurance proceeds are used to restore any improvements made by CONCESSIONAIRE, CITY agrees that CONCESSIONAIRE and lender shall have the right to such proceeds so long as none of CITY'S property, utilities or other services therein are damaged or such damages are repaired. In the event the Cr Y'S land is substantially damaged and CONCESSIONAIRE'S improvements have been repaired, CITY shall only participate in the insurance proceeds to the extent necessary to repair and restore CITY'S land and any of CITY'S improvements on or in the ground to the same condition the land was at the commencement of this Agreement, or in the same condition O at the time of the casualty. Other than as described herein, CITY shall have no claim to insurance proceeds that are attributable to CONCESSIONAIRE's interest in the Collateral. 6.8 Right to Participate in Litigation Lender shall have the right to participate in any litigation, arbitration or dispute directly affecting the Collateral or interest of CONCESSIONAIRE or leader therein, including, without limitation, any suit, action, arbitration proceeding, condemnation proceeding or insurance claim CrrY, upon instituting or receiving notice of any such litigation, arbitration or dispute will promptly notify lender of the same. 6.9 Incorporation of Lender's Protection Provisions Lender shall be a beneficiary of all rights of CONCESSIONAIRE herein including but not limited to the warranty, indemnity, hold harmless, choice of law and venue, costs and attorney's fees as provided herein. 6.10 Right to Remove Collateral In the event lender exercises its rights under its Collateral and realizes upon the Collateral, CITY agrees that lender is entitled to remove the Improvements on the Premises, including but not limited to building facility, furniture, movable trade futures and equipment, from the Premises at any reasonable time and that the Collateral shall O remain personal property even though the trade fixtures may be affixed to of placed upon CONCESSION AGREEMENT 16 i the Premises. In the event lender so realizes on its Collateral, CITY waives any right, O title, claim, lien or interest in the Collateral. 6.11 Nodces All notices, copies of notices, consents or other communications to lender given under this Agreement to lender must be in writing and shall be effective when received. Such communications shall be given in person to an officer of lender, addressed to lender at an address as provided by lender. CONCESSIONAIRE shall keep the CITY informed of the name, address, and telephone number of any current lender or lenders for the purpose of the CITY providing notice to the same under this Agreement. 6.12 Lenders Change In Loan Terms It is understood that current or future lenders may require terms or conditions on loans for future or additional financing needs of CONCESSIONAIRE, which may require changes to the terms or conditions of this Agreement. In such case, the CITY will give reasonable consideration to such changes to this Agreement, and may, at its sole discretion, accept or reject the same. Any modifications to this Agreement are subject to approval of the U.S. Secretary of Interior pursuant to Article 8.21. ARTICLE 7. TERMINATION 7.1 Failure to Perform Q 7.1.1 Obligation to Perform Nothing herein shall imply any duty upon CTTY to do any work, which under any provision of this concession CONCESSIONAIRE may be required to perform, and the performance thereof by CITY shall not constitute a waiver of CONCESSIONAIRE's default. CITY shall not in any event be liable for inconvenience, annoyance, and disturbance in its activities in Eastpark. 7.12 Payments to Other Parties Except as otherwise expressly provided hereunder, all obligations of the CONCESSIONAIRE under this Agreement will be performed by CONCESSIONAIRE at CONCESSIONAIRE's sole cost and expense. If CONCESSIONAIRE fails to pay any sum of money owed to any party other than CITY for which CONCESSIONAIRE is liable hereunder, or if CONCESSIONAIRE fails to perform any other act on its part to be performed hereunder, and such failure continues for ten days after notice thereof by CITY, CITY may, without waiving or releasing CONCESSIONAIRE from its obligations, make any such payment or perform any such other act to be made or Performed by CONCESSIONAIRE. CONCESSIONAIRE shall pay CITY, on demand, all sums so paid by CITY and all necessary incidental costs, together with interest thereon at the lesser of 1% percent per month or the maximum rate permissible by law, from the date of such payment by CITY, provided, however, CONCESSIONAIRE shall have the right to contest any such obligation, upon such terms and conditions as the CITY O may reasonably insist, in order to protect its interests herein. CONCESSION AGREEMENT 17 7.2 Default and Termination. O This Agreement and the concession granted herein may be terminated for default as follows: 7.2.1 C177 s Default CITY will not be in default unless CITY fails to perform an obligation within thirty (30) days after notice by CONCESSIONAIRE, which notice must specify the alleged breach; provided that if the nature of CITY's obligation is such that more than thirty (30) days are reasonably required for cure, then CITY will not be in default if CITY commences to cure within thirty (30) days of CONCESSIONAIRE's notice and thereafter diligently pursues completion and completes performance within a reasonable time. 7.2.2 CONCESSIONAIRE's Default The occurrence of any one or more of the following events constitutes a default under this Agreement by CONCESSIONAIRE: (1) CONCESSIONAIRE shall be in default of the performance of any covenants, conditions, or provisions of this Agreement, other than the covenants for the payment of consideration required by this Agreement, where such failure continues for a period of thirty (30) days after written notice is given by CITY provided that if the nature of CONCESSIONAIRE's obligations is such that more than thirty (30) days are reasonably required for cure, CONCESSIONAIRE will not be in default if CONCESSIONAIRE commences to cure within thirty (30) days of O CITY's notice and thereafter diligently pursues completion and completes performance within a reasonable time; or (2) CONCESSIONAIRE shall be adjudged a bankrupt, make a general assignment for the benefit of creditors, or take the benefit of any insolvency act, or if a permanent receiver and trustee in bankruptcy shall be appointed for CONCESSIONAIRE's estate and such appointment is not vacated within thirty (30) days; or (3) Premises become vacant or deserted for a period of thirty (30) days; or (4) if this Agreement shall be assigned or the Premises concessioned other than in accordance with the terms of this AGREEMENT and such default is not cured within twenty (20) days after written notice to CONCESSIONAIRE; or (5) CONCESSIONAIRE shall fail to make any payment when due, or fail to make any other payment required hereunder when due, when that failure is not cured within thirty (30) days after mailing of written notice thereof by CITY; or (6) CONCESSIONAIRE shall fail to comply with the same concession agreement term or covenant on three occasions during any 10 year term, even if such breach is cured within the applicable cure period. The CTTY's right to terminate pursuant to this Article for failure of CONSCESSIONAIRE to cure a default is subject to the lender's right to cure pursuant to Articles 6.5.2 and 6.5.3. 7.2.3 Default for Other Cause Subject to lender's interest(s) as provided in Article 6, this Agreement may be immediately terminated for other cause by a party if the other party substantially fails to perform its obligations under this Agreement, through no fault of the terminating party, and the non - performing party does not commence correction of the failure of performance within thirty (30) days of the terminating party's sending notice to the non- performing party. CONCESSION AGREEMENT 18 7.2.4 Bankruptcy O Subject to lender's interest(s) as provided in Article 6, the Parties agree that if the CONCESSIONAIRE is adjudged bankrupt, either voluntarily or involuntarily, then this AGREEMENT, at the option of the CITY, may be terminated effective on the day and at the time the bankruptcy petition is filed. 73 Remedies Are Cumulative Remedies under this Agreement are cumulative; the failure to exercise on any occasion any right shall not operate to forfeit such remedy. 7A Destruction of Premises & Use of Insurance Proceeds Unless otherwise mutually agreed by the Parties, in the event the Improvements on the Premises are destroyed or injured by fire, earthquake, or other casualty, then CONCESSIONAIRE shall proceed to rebuild and restore the Improvements, or such part thereof as may be injured as aforesaid In the event of any loss covered by the insurance policies described and required pursuant to Article 8.5.1 herein, unless this Agreement shall be terminated as provided herein, the proceeds of such insurance policies shall be used by CONCESSIONAIRE first to rebuild and restore the Premises and replace the improvements which may be damaged or destroyed by such casualty. 7.5 Dudes upon Termination Upon termination of this agreement, and unless otherwise arranged, O CONCESSIONAIRE shall remove from the Eastpark all its personal property, goods, and effects. In the event that the CONCESSIONAIRE fails to perform this duty at termination, the CITY may cause such removal to be made and said personal property, goods, and effects to be stored, the cost and expense to be paid by the CONCESSIONAIRE. It is mutually understood and agreed that the real property constituting the Premises of this Agreement is the real property of the CITY and that all improvements to said real property shall revert to the CITY at the termination of this Agreement, subject to the rights of lender as provided in this Agreement in the event of termination for default. 7.6 Eminent Domain The following Hiles shall govern the rights and duties of the Parties in the event of interference with the possession of the Premises by CONCESSIONAIRE by right of eminent domain or private purchase in lieu thereof. 7.61 Rights ofTerrninadon If the whole of the Premises shall be taken for any public or quasi- public use under any statute or by right of eminent domain, or by private purchase in lieu thereof, then this Agreement shall automatically terminate as of the date that title shall be taken. If more than twenty -five percent (25 %) of the Premises shall be so taken and if the taking renders the remainder thereof unusable for the purposes for which the Premises were concessioned, then CITY and CONCESSIONAIRE shall each have the right to terminate this Agreement on thirty (30) days notice to the other given within ninety (90) days after the date of such taking. Provided, however, that if the CITY is exercising its rights of CONCESSION AGREEMENT 19 O eminent domain, a fair value shall be placed on this Agreement as if it had not been terminated and the Premises with the compensation thereof awarded solely to CONCESSIONAIRE, or lender pursuant to its security interest, if any. 7.6.2 Non - Termination If any part of the Premises shall be so taken and this Agreement is not terminated, then, if the CITY is exercising its right to eminent domain, the CITY shall, at its own cost and expense, restore the remaining portion of the Premises to the extent necessary to render it reasonably suitable for the purposes for which it was concessioned. Otherwise, the Parties shall resort and share in the compensation on the basis of their interests and losses. 7.6.3 Compensation The compensation awarded or paid upon such a total or partial taking of the Premises and/or this Agreement shall belong to and be apportioned between the CITY and CONCESSIONAIRE in accordance with their respective interests as determined by a court of competent jurisdiction. Additionally, CONCESSIONAIRE may prosecute any claim directly against the condemning authority for the costs of removal of the goodwill, stock, trade fixtures, furniture and other personal property belonging to CONCESSIONAIRE. CITY shall have no claim to condemnation proceeds that are attributable to CONCESSIONAIRE's interest in the Collateral, nor shall CONCESSIONAIRE or lender have any interest in CITY's condemnation proceeds, if O any. ARTICLES. GENERAL CONDITIONS 8.1 Relationship of Parties 81.1 CONCESSIONAIRE Independent Contractor Stator The Parties intend that an independent relationship shall be created by this Agreement Nothing contained herein shall create the relationship of principal and agent or of partnership or of joint venture between the parties hereto, and neither the method of computation of consideration nor any other provision contained herein shall be deemed to create any relationship between the parties hereto other than the relationship of CITY as granting a ground and use concession to the CONCESSIONAIRE. CONCESSIONAIRE has the experience, ability, and resources to develop and operate an indoor ice arena facility and is performing independent functions and responsibilities within its field of expertise. CONCESSIONAIRE and its personnel are independent contractors and not employees of the CITY. No agent, employee, servant, or representative of the CONCESSIONAIRE shall be deemed to be an employee, agent, servant or representative of the CITY. CONCESSIONAIRE and its personnel have no authority to bind the CITY or to control the CITY's employees. As an independent contractor, CONCESSIONAIRE is responsible for its own management. The CITY's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Q CONCESSIONAIRE or its personnel. CONCESSION AGREEMENT 20 8.1.2 No Third Pally Rights Created �'• It is mutually understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other party except as provided by Article 6 herein. 8.1.3 No Joint Venture/Partnership It is mutually understood and agreed that no joint venture or partnership formed. as a result of this Agreement. j 8.1.4 City Administration of Agreement This agreement shall be administered, on behalf of the City, by the Director of Parks and Recreation or other person designated by the Mayor. 8.2 Notices Except as provided in Article 6 herein, any notice required or permitted hereunder must be in writing and will be effective upon the earlier of personal delivery or three days after being mailed by certified mail, return receipt requested, addressed to CONCESSIONAIRE or to CITY at the address for that party designated herein. Either party may specify a different address for notice purposes by written notice to the other, except that CITY may in any event use the Premises as CONCESSIONAIRE's address for notice purposes. Each of the below noted addressees shall be responsible for O notifying the other addressees of any changes of address and all notices will be effective when delivered to the last known address provided by said addressee. All notices shall be delivered to the following addresses: CITY CONCESSIONAIRE City of Bremerton Bremerton Ice Arena, Inc. Attn: Director of Parks and Recreation Attn: Greg Meakin, President 680 Lebo Boulevard P.O. Box 1044 Bremerton, WA 98310 Bremerton, WA 98337 LENDER Charles C. Haselwood Joanne L Haselwood P.O. Box 4999 Bremerton, WA 98312 With a copy to: Gary T. Chrey Shiers Chrey Cox Digiovanni 8t Zak, LLP 600 Yjtsap Street, Suite 202 Port Orchard, WA 98366 O CONCESSION AGREEMENT 21 i 83 Reports & Information O When requested by the CITY, CONCESSIONAIRE shall famish periodic reports and documents on matters related to CONCESSIONAIRE's performance under this Agreement. The reports and documents shall be furnished in the time and form requested. CONCESSIONAIRE shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP). I SA Permits, Licenses, Taxes, & Fees i 8.4.1 Permits, Ikenses, & Other Documents The CONCESSIONAIRE shall possess a current Bremerton Business License and shall obtain all regulatory licenses and permits, including all construction and budding permits, necessary to fulfill CONCESSIONAIRE's obligations under this Agreement at CONCESSIONAIRE's sole expense. Each party agrees to execute such additional or other documents as may be required to fully implement the intent of this Agreement. I &A2 Taxes & Fees As an independent contractor, the CONCESSIONAIRE shall be solely responsible for all taxes, fees and charges incurred, including but not limited to license fees, business and occupation taxes, workers' compensation and unemployment benefits, all federal, state, regional, county and local taxes and fees, including leasehold excise tax pursuant Chapter 82.29A RCW, ad valorem taxes, taxes imposed on personal property, O all other assessments for improvements or benefits which are assessed on the Premises, income taxes, property taxes, permit fees, operating fees, surcharges of any kind that apply to any and all persons, facilities, property, income, equipment, materials, supplies or activities related to the CONCESSIONAIRE's use of the Premises and obligations under this Agreement. 8.5 Insurance 8.5.1 Fire, Earthquake, & Casualty Insurance The CONCESSIONAIRE agrees that, at all times during the full term of this Agreement and at its own expense, CONCESSIONAIRE shall, at its sole cost and expense, maintain in full force and effect adequate tire, earthquake, and other casualty coverage covering the Premises and its contents, including all personal property and improvements. Such policy shall include a replacement cost endorsement. CONCESSIONAIRE will shall obtain and file with the CITY's Risk Manager a Certificate of Insurance evidencing such coverage. All such insurance coverage shall include a ten -day cancellation notice to CONCESSIONAIRE and the CITY. Adequacy of coverage is defined as insurance sufficient to restore the Premises to its pre- casualty condition. 8.5.2 Liability insurance Prior to the commencement date of this Agreement, CONCESSIONAIRE, at its O own expense shall obtain and file with the CITY's Risk Manager a Certificate of Insurance evidencing general comprehensive liability insurance coverage ( "CGL') CONCESSION AGREEMENT 22 i providing coverage of at least $2,000,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage. This Certificate of Insurance shall be subject to approval by the CITY's Risk Manager as to company, terms and coverage, and said approval shall not be unreasonably withheld. The CGL shall name the CITY as an additional insured and must fully protect the CITY from any and all claims and risks and losses in connection with any activities or omissions by the CONCESSIONAIRE by virtue of this Agreement. The CGL policy shall remain in full force and effect at the CONCESSIONAIRE's sole expense for liability for property damage or personal injury that may occur in connection with activities or omissions by the CONCESSIONAIRE, and provide coverage for the full term of this Agreement. CONCESSIONAIRE shall insure that the CITY's Risk Manager is given thirty - calendar days prior written notice, by certified mail, of any cancellation, lapse, reduction or modification of such insurance. 8.5.3 Release and Waiver of Sabrogaden Any policy of insurance carried by either CITY or CONCESSIONAIRE pursuant to any obligation under this Agreement, shall, to the extent available, contain a waiver of subrogation clause on the part of the insurer. Such waiver shall apply to damages to adjacent property. Notwithstanding any other provision of this Agreement, neither CITY nor CONCESSIONAIRE shall be liable to the other party or to any insurance company (by subrogation or otherwise) insuring the other party for any loss or damage to any building, structure or tangible personal property of the other occurring in or about the Premises or Eastpark, even though such loss or damage might have been occasioned by the negligence of such party, its agents or employees, if such loss or damage is covered O by insurance issued by an insurance carrier authorized or licensed by the Insurance Commissioner of the State of Washington to issue lines of insurance, benefiting the party suffering such loss or damage or was required under the terms of this Agreement to be covered by insurance by the party covering the loss. &6 Hold Harmless, Indemnification, & Industrial Insurance 8.6 Hold Harmless & Indemnilleation Each party hereto agrees to be responsible and assumes liability for its own wrongful or negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law. Each party agrees to save, indemnify, defend, or hold the other party harmless against all liability, loss, damages, and expenses, including costs and attorney's fees, resulting from actions, claims and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of the other party, its employees, its subcontractors, its agents, or its assigns, which arise in any way out of the performance of this Agreement. In the case of negligence of both the CITY and the CONCESSIONAIRE, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. O CONCESSION AGREEMENT 23 86.2 Indus&W lnsumace O The Parties have specifically negotiated CONCESSIONAIRE's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of CONCESSIONAIRE's indemnification and hold harmless of the CITY, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the CITY. &7 Successors & Assigns The CITY and CONCESSIONAIRE each agree to be bound to the other party in respect to all covenants, agreements, and obligations contained in this contract. Except as provided in Article 6 herein, neither party shall assign the contract in part or as a whole, without the written consent of the other, which consent shall not be unreasonably withheld. Except as provided in Article 6 herein, the CONCESSIONAIRE shall not subcontract any of the Premises, services, facilities, or equipment, or delegate any of its duties under this Agreement without the prior written approval of the CITY, which approval shall not be unreasonably withheld. The CITY acknowledges that the CONCESSIONAIRE shall be authorized to sub - concession areas within the Premises to food and beverage purveyors, equipment sales, and similar supporting concessions as set forth in Article 4.1.3. When requested, approval by the CITY of a subcontract or assignment shall not be unreasonably withheld In the event of an assignment, subcontracting, or delegation of duties, the CONCESSIONAIRE shall remain responsible for the full and faithful performance of this Agreement and the assignee, subcontractor, O or other obligor shall also become responsible to the CITY for the satisfactory 1 performance of the services, facilities, or equipment assumed. The CITY may condition approval upon the delivery by the assignee, subcontractor, or other obligor of its covenant to the CITY to fully and faithfully complete the requirements or responsibility undertaken under this Agreement. Notwithstanding the foregoing, provided CONCESSIONAIRE is not in default, the CONCESSIONAIRE may assign its interest in this Agreement without seeking CI TY's consent to a parent or subsidiary. Except as otherwise provided herein, all of the covenants, conditions, and provisions of this Agreement are binding upon and inure to the benefit of the Parties and their respective heirs, personal representatives, successors, and assigns. IN THE EVENT THE CONCESSIONAIRE SEEKS CONSENT OF THE CITY OF AN ASSIGNMENT OF THIS AGREEMENT IN ITS ENTWEry, SUCH ASSIGNMENT SHALL REQUIRE THE PRIOR NOTIFICATION AND REVIEW, APPROVAL OR WAIVER OF THE U.S. SECRETARY THROUGH THE NATIONAL PARK SERVICE, WHO, BY CONSENTING TO THIS AGREEMENT WAIVES THE RIGHT TO REVIEW AND CONSENT TO AN ASSIGNMENT OF THIS AGREEMENT WHICH IS LESS THAN AN ASSIGNMENT IN ITS ENTIRETY. &S Compliance with Laws The CONCESSIONAIRE, its officers, employees, and agents shall comply with applicable federal, state, county, and local laws, statutes, rules, regulations, and ordinances, in performing its obligations under this Agreement. Such compliance shall O include abiding by all applicable federal, state and local policies to ensure equal employment opportunity based on ability and fitness to all persons regardless of race, CONCESSION AGREEMENT 24 creed, color, national origin, religion, sex, physical handicaps or age. The Q CONCESSIONAIRE shall comply with applicable laws pertaining to employment practices and employee treatment. Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industrial Safety and Health Act of 1973 (WLSHA), and standards and regulations issued under these Acts must be complied with. The CONCESSIONAIRE agrees to indemnify and hold harmless the City from all damages assessed for the CONCESSIONAIRE's failure to comply with the Acts and Standards issued thereunder. The CONCESSIONAIRE is also responsible for meeting all pertinent local, state and federal health and environmental regulations and standards applying to any operation in the performance of this Agreement. &9 Nondiscrimination Parties shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. &10 Choice of Law & Venue This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. 8.11 Costs & Attorneys' Fees O In any action brought to enforce any provision of this Agreement, including actions to recover sums due or for the breach of any covenant or condition of this Agreement, or for the restitution of the Premises to the CITY or eviction of the CONCESSIONAIRE during the term or after expiration thereof, the substantially prevailing party shall be entitled to recover from the other party all reasonable costs and reasonable attorney's fees incurred, including the fees of accountants, appraisers, and other professionals, at trial or on appeal, and without resort to suit. 8.12 Modification This Agreement may only be modified by written instrument signed by both Parties. The Director of Parks and Recreation has the authority to interpret and make minor modifications to this agreement, relative to the use or operation of the Premises, consistent with its purpose and intent. Any major modifications or modifications having a financial impact on the City shall require City Council approval. All modifications to this Agreement are subject to approval of the U.S. Secretary of Interior pursuant to Article 8.21. &13 Change in Law/Renegotiation The Parties agree that changes in federal, state or local laws or regulations that materially modify the terms and conditions of the Agreement and result in a detrimental change in circumstances or a material hardship for either party in performing this Agreement may be the subject of a request by a requesting party to renegotiate this O Agreement or negotiate Agreement amendments and the responding party agrees to renegotiate fairly with the requesting party. CONCESSION AGREEMENT 25 f 8.14 Force Majeure a Provided that all other requirements of this Agreement are met, any party shall not be deemed to be in default and shall not be liable for failure to perform under this Agreement if that party's performance is prevented or delayed by acts of God including landslides, lightning, forest fires, storms, floods, fi+eezing and earthquakes, civil disturbances, acts of the public enemy, wars, blockades, public riots, breakage, explosions, accident to machinery, equipment or materials, unavailability of required materials, governmental restraint or other causes, whether of the kind enumerated or otherwise, which are not reasonably within the control of that obligated party ( "Force Majeure'). If as a result of a Force Majeure event, an obligated party is unable wholly or partially to meet its obligations under this Agreement, it shall give the other party promptly written notice of the Force Majeure event, describing it in reasonable detail. The obligated party's obligations under this Agreement shall be suspended, but only with respect to the particular component of obligations affected by the Force Majeure and only for the period during which the Force Majeure exists. 8.15 Waiver Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. No waiver of any right or obligation of either party hereto shall be effective unless in writing, specifying such waiver, executed by the party against whom such waiver is sought to be enforced. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. O 8.16 Illegal Provisions . Severabinty Should any part of this Agreement be found void, illegal, or unenforceable, the balance of the Agreement shall remain in full force and effect. 8.17 Article Headings, Gender, & Number Article paragraph headings are not to be construed as binding provisions of this concession; they are for the convenience of the Patties only. The masculine, feminine, singular and plural of any word or words shall be deemed to include and refer to the gender and number appropriate in the context. 8.18 Entire Agreement This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. 8.19 Counterparts This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 8.20 Recording Upon the execution of this Agreement the CITY will cause a memorandum of this Agreement to be recorded with the land use records of Kitsap County, Washington. CONCESSION AGREEMENT 26 j O 811 Approval of Agreement This Agreement is subject to the approval of the U.S. Secretary of the Interior pursuant to the Quitclaim Deed transferring title to the CITY to the real property upon which this concession is granted f 8.22 Duplicate Originals This document is executed in duplicate original. IN WITNESS WHEREOF, this Agreement has been entered into between the City of Bremerton and Bremerton Ice Arena, Inc. as of the 9th day of August, 2002. BREMERTON ICE AREN INC. a Wasl ' on Co o B Greg ge�itlgn CITY OF BREMERTUN a Washingto cipal c�rporati n By: O Cary Bo Mayor APPROVED TO FORM: - Lubovich, City Attorney LIST OF EXHIBITS Exhibit A — Legal Description of Premises Exhibit B — Preliminary Building and Site Plans Exhibit C — Appraisal and Compensation Information Exhibit D — Quit Claim Deed from United States of America to the City of Bremerton Q CONCESSION AGREEMENT 27 I I I STATE OF WASHINGTON ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Cary Bozeman is who the person appeared before me, and said person acknowledged that he signed this instrument, o oath stated that be was authorized to execute the instrument and acknowledged it as the Mayor of the CITY OF BREIvIERTON to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Given under my hand and official seal this 9 day of d 2002 ���•E'•HF'9q� t Name _ Public in and for the Q: NO * R Y :y to of Washington resift at t] PUBUG Gmmission expires STATE OF WAS •�� Opp' FWA COUNTY OF KITSAP On this _A day of wt% J.F 2002, before me personally appeared Greg Meakin, to me known to be the President of BREMERTON ICE ARENA, INC. a Washington corporation„ that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute and in fact executed said instrument on behalf of the corporation. Given under my hand and official seal this 7 * 6 day of _ A11144- 2002. E, y Typaftnt Name VMrire WJ PWO •''•iau•a Notary Public in and for the NO TA '?' State of Washington residing ,tem�N p ; * Y t Z My Commission expires /v • •� uc 9 vA 66 CONCESSION AGREEMENT 28 E7CEDIRICT A o Legal Descripdom of Premises THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN THE CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT MARKING THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHHWEST QUARTER OF SAID SECTION 12; THENCE NORTH 2°01'25" EAST ALONG THE EAST LINE THEREOF 460AS FEET, THENCE NORTH 81 0 50'04" WEST 49.07 FEET TO THE TOP OF A BANK AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 81 0 50'04" WEST 238.24 FEET TO THE BACK OF AN EXISTING SIDEWALK; THENCE SOUTH 7 0 45'25" WEST ALONG SAID SIDEWALK 34.99 FEET; THENCE NORTH 82 °00'54" WEST 181.62 FEET; THENCE SOUTH 7 0 59'06" WEST 174.03 FEET; THENCE SOUTH 59 EAST 174.78 FEET TO THE BACK OF AN EXISTING SIDEWALK BEING A POINT ON A CURVE WHOSE CENTER POINT BEARS NORTH 57 0 19' 12" WEST 229.36 FEET; THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 35 FOR AN ARC DISTANCE OF 141.89 FEET, THENCE SOUTH 32 0 16'28" EAST 106.04 FEET; THENCE SOUTH 78 0 02'26" EAST 226.39 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 12; THENCE SOUTH 87 0 55'14" EAST ALONG SAID LINE 7.60 FEET TO THE TOP OF A BANK; THENCE O NORTHERLY ALONG SAID TOP OF BANK TO THE POINT OF BEGINNING; EXCEPT THAT PORTION LYING WITHIN HOMER R. JONES DRIVE, BEING A 43 FOOT WIDE STRIP, MORE OR LESS, AS MEASURED BETWEEN BACKS OF EXISTING SIDEWALKS; TOGETHER WITH A NONEXCLUSIVE 10 -FOOT WIDE RIGHT OF ENTRY FOR CONSTRUCTION, MAM13NMCE AND REPAIR OF ADJACENT FACILITIES, THE SOUTH LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT MARKING THE SOUTHEAST CORNER OF THIN SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 12; THENCE NORTH 2 EAST ALONG THE EAST LINE THEREOF 460.48 FEET; THENCE NORTH 81 0 50'04" WEST 4907 FEET TO THE TOP OF A BANK AND THIN POINT OF BEGINNING OF THIS LINE; THENCE CONTINUING NORTH 81 °50'04" WEST 238.24 FEET TO THE BACK OF AN EXISTING SIDEWALK AND THE POINT OF TERMINATION OF THIS LNE. 0 CONCESSION AGREEMENT Exhibit A .L , , ag ffffff as Akofi. r f „ �Y � go 0 A \\ .A �!F' .t��l. A .. _ +, rnr; .•y 4 • � Sri . \ \ 1 . 4 1 l�� r . I � rh• , fi l l .. ML • 1 i i I O EZ�IT C Appraisal and Compensation Information Background: The City of Bremerton commissioned Richards and Associates, Inc. to conduct a complete appraisal of a selected building site located within the boundaries of Bastpark in May 2002. The purpose of this appraisal was to estimate the market value in order to establish a concession rate value of a site to be acquired by concession agreement from the City for an indoor ice skating facility to be developed, owned, and operated by Bremerton Ice Arena, Inc. Richards and Associates submitted the appraisal information in a summary report format on 1 June 2002. Values: The Richards appraisal estimated the fair concession value of the site to be $28,602 per year for 144,456 square feet, whicli equals $.198 per square foot per year. A comparative market analysis of seven existing indoor ice skating facilities located in western Washington in February 2002 established the fair rental or use value for indoor we skating facilities to be $220 per hour. Calculations: The City of Bremerton has agreed to provide Bremerton Ice Arena, Inc with 144,456 square feet of property at Eastpark to construct and operate an indoor ice skating facility with associated parking . The parties have agreed that the "as -is" O concession rate value of this property is $28,602 per year (144,456 square feet ® $.198 per year). The parties have further agreed that 896 of the $175,000 ($14.000) paid by the City to defray the cost of moving the facility to this location, will be provided annually in the form of additional ice time. Conclusion: The City of Bremerton and Bremerton Ice Arena, Inc. have agreed that, upon issuance of an occupancy permit, fair compensation for the Bastpark property required by Bremerton Ice Arena, Inc. is $46,602 per year, and that fair rental or use value for the Bremerton Ice Arena indoor ice skating facility is $220 per hour, and that compensation provided by Bremerton Ice Arena, Inc. to the City of Bremerton for the Eastpark property is equivalent to 194 hours of indoor ice skating facility usage per year for the term of the Concession Agreement. O CONCESSION AGREEMENT Exhibit C QMMMAM DIED . The iHi M E TA= OF A4D M&, acting by and through the I * , Secretary of the y ...m9 acting by and. through the Northwest Ro- Stone, Director, Bureau of Outdoor Recreation, under and pursuant to she power and authority egataiaed to the provisions of the pea- . oral Property and Aar a..e- trative Services Act of 1949 (65 Star. 977), �• as anmaded, and particularly'ap amended by Public Law 485; 91st CpAposs, and regulatloae and orders psomulgated•theresnder (herein - C after • deeigoated 11 9rautur'), for and in consideration of the per parcel use of tie havolnaftep dacelbed CD pre psmlaes se and for public- CD park and public racrempLon area purposes, by the City of Dr ton, a nunicipel corporation, located In Sitsap Qountyi State of umb. '=Stan (hataiaafter deaLSuntsd "Grantee"), dose hereby releslT_ and quitclaim to Grastoo, and Co Its successors and ass'goa, aubjaet to the rasetvaticns, etaeptione, rastrlatioas, condition, and owe=asee O hereinafter expressed and act forth, all Osunter's rigbe, title, and lnterast In - and to .that certain tract of real property designated as Area "A," con'at'=g of approslmatet7 17.6 acres,_ located in Ritsap Coenvy, Mate of imawmaton, and sure particularly described in i Exhibit "A," attached hereto and by reference made a part hereof. TO RATE AND TO HOLD the barei=befors described 'property. sub5ect to the resarwations, mcoeptiona,,rntriatioas, conditions, and cwmlate herein empreasad and set forth unto the Greates its successors and assigns, Yorauar, f• RB888VM BQBSm into the Orastor all coal, oil, gas, and other minerals on said real propart7.•together with the right v to prospect for, mine. and remove tks $ama under applicable lave, 11 and regulations prospribad bt the Baosetary of the Interior. Pursuant to authority contained Sn the Federal property and Admt=istratme Berviods Act of •)949, as amended, and applicable RM `1 .889 '.__. _ CONCESSION AGREEMENT D -- -- -- salsa. regulations and `Bides pzomulgatad thereunder, the General Services Adninistration determined the property to be surplus to the needs of the gaited States of America And assigned the property to the Department of the Materior for further conveyance to the Grantee. It is agreed and understood by and between the Grantor and Grantee, and the Grantee by its acceptance of this deed, does acknow- ledge its uoderstandin8 of the agreement, and does movement and agree for itself and its successors and ass , igne, forager, as follarsu 1. this property shall be used and mafuraised for the public puepoem for vhi.ch it teas conveyed in perpetuity as out forth In the program of uti'bisatien and plan contained in the application dated January S, 1971, am.suppleaented an January 14, 1971, submitted by the Grantee and accepted by the Grantor an January 25, 1971, which program and plan may lie amended from time to time at the request of either the Grantor or Ormutee, vith the written concwrremoe of the O other party, and such amandmente shall be added to and become a pare of the origlAal application. 2. the Grantem shall, vithin six (6) months of the date of the dead of cenveyapca, erect and maintain a permanent signor marker near the point of principal access to the conveyed area indicat- ing that the property In a park at recreation area and hue• been aa. quired from the yaderal Govmsmenu for use by the general public. 9. The property avail act be sold, lensed, moiMw4, or otherwise disposed of except to another ellXible governmental'ageney that the Secretary of the Interior agrees in vriting an assure the continued wee and maYnto once of the property for public park or public recreatioosl purposes subject to the same teems and conditions , in the original iestrument of conveyance.• Doeever, nothing in this provision shall prelude the Grantee from prwfding.rolated rearea- tioael faoilitim and services compatible with the approved applies- 2 0 RM*i2FR1890 O f'.yap�s oaaGOb$oa agraementr.•e•Into•.witb third parties,' pi�ftliied.pziY1 Zpab*jt �anaa' to aaaheZveaaants is obtained In writing #r'Y�•it+e .gaexirs�s'a 3ba. �+aex�.: • , . 4. Isom the date of this convganoe,.the Grantee, its due- cons ore and assigns, shall submit biemial reports to the Secretary of the Interior, satt3vg forth the we made of the property during the psecading two -year pesiodi ad other pertinent data establish- ing its eontiaaow uss for the purposes set fortis above, for ton consecutive'seports and an further determined by the Secretary of the Interior. 3, the Creator sbsll have the right during the adstaaee Of any national ameMenay declared by the President of the United Sutes of America, or the CMWOU thereof, to the fall unrestricted possession, control, and use of the promises, or amy part thereof Without charge, provided the Grantor shell bear the entire cost of O mdntananee Of all property so used. 6. As past or the consideration for this Deed, t1w Grantee covenants And agrees for Yteelf, its avccessore and assigns, that (1) the program for or in ce®ectlon with wbich this Dead is soda gill be conducted in compliance with, and the Grantee, its own eons and designs, wi2.1 comply With all regaisemepu imposed by or pursuant to the sagulaticas of the DopertnsenC of the Interior as In affect on the data of this Deed (43 C.I.ge Part 17) issued under the provisions of Title VI of the Civil Rights Act cf 1964, (2) this covenant shill be subject in all respects to the provi- sion of said regulations, (3) the Grantee, its successors and assigns, will promptly take and eontiune to take such action as any be =mumary to off actuate Md. covenant (4) the United States shall have the right to seek judieisl enforcemaat of thin covenant, and (S) the Granted, its successors and designs, will (a) obtain frdm each other person (avy legea entity) whu, through O 3 R€Q'12R189i i L 1 f C _ 1 O contractual or other arrangements with the Grantee, its successors or aeaigoa, is authorised to provide services or bandits under said program, a written agreement puraomtt to which ouch other person Shell, vith respect to the services or benefits vueb he is author- . iced to provide, undarca for himself the same obligations as those imposed upon the Gcaenee, its Successors and assigns, by this cove- nant, and (b) furpish is copy of ooth agreement to the Secretary of the yaterlor, or his successor; and that this covenans shall run with the'land hereby conveyed, and shall in any avant, witbout re- gard to technical alessiffjntion or deeigoatioo. legal or otherwise, be binding to the fullest extent pondtted by low and equity for the beoefif of, and in favor of the Ginter and enforceable by the Grau- tor against the Grattes, its Successors and assigns. 1. In the event there to a branch of any of the condition and covenants hurdle. contained by the Grantee, its Successors and as- signs, vhetbot mused by the legal or other iasbility of the Grantee, 1 O Ito successose and eesigus, to•pefform Said conditions and covenents, or othaiwloa, all right, title and iateradt in and to the Said prom- lase shall revert to and beams the property of the Grantor at its option. which in addition to all other remedies for such breach shall have the sight of entry upon said premises, And the Grantee. its Successors and assigns, apall forfeit all right; title and later-. sat In said promises and in any end all of Cho tenements. beradits- . meats and appurtecancae theraonto telongtogi provided, however, that the failure of the Secretary of the Department of the interior to require Su any tine or more iwataaces complete performance of any of the conditions or cavenansa shall not be construed an a waiver or raiinquipbnant of ouch future performance, but the obllggtione of the Grantee, its eucaoseors and assigns, with respect to ouch future performance shall continua la fall form and affect. RM'iM892 »•VTDD3aB mumamo, the Grantor has oa G fiveessprevents v to be aumted.Sn its •rime end on its bdm1f this the . w y any UnM 'BTATRB Gy A1aD U Acting by and through the Secretary of the interior Director N rdn"St $egfnn - Imago df Outdoor Recreation STAB OF VAMIMGTOR ) County of G this day of /C, 19& beford ne, . the anbaorA$W. p=ucftafly %Vdared-R. • 's WM. to M lmona dnd. kaopa.to:be WO, Acting Reg;onal,Disact" Wt'th°est Region, Rnresu of•P&AIdow Aaotoft*i OR the Vafted Deportment of - 00 Iota;- typ, gPV �t. OLEW r of the kited Slates of Ametica. and ksrn� 4 a fist be the 'emote Peron Adscribed in and vbo mu,puted tu g6f0$ding- ipettpmvat: go such Acting Regimal Director aforesaid, . ae : tba•abt •sud dead of sba tTnited States df•6asricA, for ?and an th half -0f. t1m Saoaaeary of, leterisr, duty designated: M� and suRbgtice4 to do t9 sAid 8acrelAiy. gad he sokcosx t he eir¢ennAd ths..farepsus imerunent for. babe O Bta1•`es, otf Jlmseton, for tba pi epeit mi r a atati VAVh gRon. 4�� ° f• The foregoiu• conveyance i9 haraby accepted and thA under- si$asd agrees, by thin mcgmancs. to ago= and be bound by all the obligaticros mwditionse Seven", end tharsie contained. the CM Oa BRIMSRTM. A rnmic }pal AT=Tt oospomticn, lomted is Rltvap County, $fate of Woe e • J tad r e e�1a Ry. • s: a }T .. • f a eA er . upss O; + a .• andeut, Depattrmn4 of rbs and Recreation h Sa w\ q,F • f . V6 ,, ae� \ 1/ � v r .. K)�S "vY'».«.r• ..�. � i k •• " aLC►•.Lpf1110.7J stems a r WegBIImm > , ) m . County of giteap ) • On this o ff_ - day of �p� . 19?, before me, the undersigned Officer, porsanWly appeared Olean K. Jarstad and Ahdraw Pandargant, to mo knoaa and Imam to as to be the hasm'persons whose uses are subscribed to the foregoing aeceptanea, who being by me duly soars, did depon q and any that 'ha, awn & Jarstad,'!h the Mayor, and that he, Andros rmdargut, L the Superiateadunt of the Department• of Perlin and asaioation of the City of Dr eme . on & Washipg- ton, that they qre duly designated, empowered, and authaeited by a resolution adopted br the City Council of'tbe City-of Bremerton, . Washington, on December 90, 1970, to exacta the foregoing Accept - ance and to sign Oaf rsamds thereto: and that they sighed tb u none* thereto and acknowledge that'Cbay exec tho far4ko, strament for and on behalf of the Clty'of Br ,Wash for the purposes and wens therain des r` ';M • W is iti a • � ! grate of Waehio� ton:, o` 6 dEd'].2F�f.894 s , f AMA, ° A 0 - Described to scath aide of eidosralk along south side at Nagmam 1by and Bobley Boulevard. - BegSmgng at a concrete nucament at the sautes• CC Section 12, Us,. ship 2 4 North, Bangs 1 D3he4, .HJt., mid cantor of said Section D2 '•• being metal? at 'tts intaXwottm of the oetsr liaea of Schley Dloolavard and 9!eerlith Avenues thence South 2°Ql beet . ; >511.8t fast to the tme poiab of bogs —A j theooq 8onth.2cblk25°' Feat 3050.70 fast to a concrete mommmt, said nommant "an , the Beotitn line dividing Sections 12 and 13 at a point *we the matarline of Srhlay Boulevard intersmte said 8eotton isms theme Booth 1 asst 912.23 feet, sore or lase, to thq north olds of State Beaamd"7 M*My No. 903; theme afth 7O . West along tbs mrtber3y sift of MU HLglasv 29y.68 fast' them Some 19 tent along wasted, side of said IH 5o foot; ' t-b— in a morthrsstar2,4 direction along t mpth erly side o pa id' _. Bl&my an a own thence along s aid . �q North 7• ! % 40 West .336 xA fwbj thems North 87 Ueeb 7.60 teat; theme along the mrtheseterly Bids of sai Nort t�b�� ibct 163.21 feats thence North 1ege, to a point on the bank of _ the nids9alk along the ow1h sift of Nemer B. Jones Drives tbenm " across said drive North 23 05 But 43 fasb, onto as lose, to O a Polak, on the back at the sidewalk on the north side; thence along tbs back of the 8 1. on a carve to the sight on a radius of 48.65 feet a diatenoo of 44.42 feats thence along back of eidevolk North IV35 Whet 72.06 feat; throe along back, at eidsual$ an . a a cam to tbs. right with a i6diite of 161.5 feet, dieteoe of x16.78 feats thence along book of North lE B 105.56 tests then along bad tc of sldsvalt on a ocrva to the right' 4ith a seism of 65LS foot a distance of 227.47 Yeah; amtiaoe along back of sidwoo2k an a carve to the right pith radmos 431.31 feet a distance of 279.79 foot; theme North 1390 Nast 216.26 fact crossing Sows D. Jame Drive at intersection 1dth Sobley Boulevard; theme on a carve to the ]eft I&th a miens of 427.72 feat a diatanoe of 63.23 feet; thence Soath 29UR35n Bast 78.5 feet; theme South 87 ]teat 199.5 toot, more or less to true• point of begImIM., Osatayaing 9psmdmatel7 18.1 owns, momept an area designated an ODlanicipal Am$ described as follovsk 30HI8IT A eu.swnr N aYfdCriL7 CUUM=eO mo Zoe lgnarar rrOpmecy and Adm1.nletrat:ve aarviedB Amt of 1949, m emended; and applicable O • IM 12M LIDAL. DB80gUMON — ABSL NO (C4ntl=9d As area designated as Rloniaipal A7lea m the Bite of the EBOtpark Bomeias Projects YAHB445044 in the Oity of Bre®orton Ooant,9 of Siteap State of Naehiugton suss particularly described as lolloaes Begin sg at a point ffiiah boors North 2 Beat fma the eauu n cosmos of Bootless 12 and 23, iba+ebip.24 Noath Imp 8oet TBLIAmette Neridien9 a distance of 20 feed thence North 87 Yost 2D feet to the tava pout of beginoiug and the mestar27 margin of Soble07 Scularasds the= North 2 Bast 350 feet aloog• the wastar7,p margin of Saffiey Boulevards themco North 87 Yost 30 feet, theses South 2 Past 200 foots theme. South 24 Peet 183.45 feet, thence South 2 Vast aD feet to a lie° Ahids is perallal to and 20 feet nd th.of the amth line at Section 33i U=Wama " $eet IM feet to the tree polat of begiming veotatnd38 000 halt acre more or lees. Snbjacb to mucosts tar load purposes along the east bousdery sold along the aoath lice of said Bection 121 to Baeeseat 29 November M3 to Qbn a Polar Oomppny, recorded An Vdwm 89 of Boodle Fags 538 records of 1'Ltaap Co stys YasbiaStong . Mad Smenant dated 26 Ap dl W9 t0 pogabjwmnd pomp A Light OaqWW, - recorded in Book 768 Page 223, Mande of mtIM Comtrys , r Asa esltsssN � AO js'J/ .S � N . 0.1HE0DORE WRIM, ID6eo Coco* �. . REg'*12F'p�991 r ;r. ;;r" , -..+ rmrouaut t0 authority contained in the ppderal Property aed ddminiatrat:va 9ervtcde Act of 1949 aB ameaded and applicable si- BREMERTON PARKS & RECREATION COMMISSION REGULAR BUSINESS MEETING Minutes of March 25 2014 Attendance: John Larson, Robert Dollar, Richard Nerf, Pat Watson, Jeremiah Wiley and Sunny Wheeler Staff. Wyn Birkenthal, Tom Cressman, Colette Berna and Jeff Elevado i. Meeting Called to Order at 5:30 p.m. by Chairman Larson. II. Approval of Minutes — Minutes of March 25' 2014 meeting approved. Dollar/Wheeler (M /S/U) III. Public Comment: N/A IV. Business Items: a. Department Greenhouse Tour & Flower Program (4:15 p.m. Greenhouse Tour) Commissioners and staff meet at the department greenhouses at Sheridan and Birch St. in Stephenson Canyon. Park Maintenance Manager Tom Cressman and Service Specialist Sr. Virgilio Ibarra provided a tour of the facility and discussion of the flower basket construction process. Chairman Larson explained that City Council Public Safety and Parks Committee had tasked the Parks and Recreation Commission with developing policies on the placement of the flower baskets. Tom Cressman, Park Maintenance Manager, shared the following detail regarding the departments flower program. Flower starts -$400; Soil & Fertilizer- $3,200, Propane (to heat greenhouse)- $4,600 for a total supplies and materials cost of $8,200 per year. Staff hours are as follows• Planting -80 hrs ;Watering and Fertilizing -120 hrs ; Transporting & Hangmg -80 hrs.; 16 weeks @ 20 hrs /week watering & maintenance -320 hrs. for a total of 600 hrs. of labor or approximately $24,000 in staff cost. The total expense for the flower program is approximately $32,000 per year. Maps of the current and potential locations for hanging baskets and pots were distributed. Tom explained that initially the flower baskets were place only in the downtown area. Improvement project were completed and the demand for flowers increased while the number of flowers available did not. He said there were 182 poles with hangers in the downtown area, each able to hold two baskets for a potential total of 364 baskets. Current capacity only allows for 180 baskets to be placed He explained that the program was expanded to Callow Ave. as requested by the businesses. The agreement was for the Parks Department to provide the baskets and the business owners were to water and maintain them. Pots were used as there were not many hangers. He added that the Manette business area received a few pots due to not having hangers. Several of the pots have been broken and removed and were not replaced. Discussion followed on the total number of potential locations. It was stated that the hangers on the poles along 4 Street are perpendicular to the street as opposed to parallel as all other hangers. it was stated that the hangers can't be moved without rotating the light pole and the current configuration will cause water to land on parked cars and the sidewalk. A suggestion was made to possibly place pots on 4' street instead of hanging baskets due to the challenges of maintaining the baskets. Discussion followed regarding hanging banners on poles instead of flower baskets. Wyn Birkenthal stated that banners and additional hardware to hang them would be an additional expense The Commission continued discussion on potential locations for baskets and pots and the rationale behind placement based on irrigation, symmetry and efficiency of maintaining them. Commissioners Wheeler, Wiley and Watson volunteered to be on a committee to research and develop a policy on where flowers should be placed. b. Evergreen Rotary Park Accessible Playground Update Colette Berna, Park Development Planner, distributed an updated schedule for the project She explained that the accelerated schedule has increase the estimated project cost approximately $27,000. Approximately $12,000 is related to fees for construction document completion and $15,000 for a contractor who specializes in playground construction to set the 57 post footings and 3 slabs This will shorten the build time and allow for a true community build day allowing volunteers to hang the equipment Discussion followed regarding the impact of the construction on park users and potential challenges of notification and keeping the park available for use while allowing the contractor to work on the project. c. Jarstad Aquatic Center Filtration and Chemical Feed System Improvement Project Jeff Elevado provided an update on the improvement project. He explained that the City is obligated to paying for specific work as part of the management agreement with the YMCA. The YMCA will be making additional improvements at their expense Design and plans have been completed, plan review is underway. The project will go out to bid on April 1 d. Bremerton Ice Arena Concession Agreement Renewal Wyn Birkenthal shared that the arena has chosen to renew the agreement with the City with an 8 year extension Discussion followed on how the agreement with the City provides hours of use for Parks and Recreation programs. A motion was made to recommend approval of Concession Agreement renewal request between the City of Bremerton and the Bremerton Ice Arena. Dollar/Wheeler (M /S/ 5 in favor/ 1 abstention, Wheeler). e. Arbor Day Event at Lillian and James Walker Park, Wednesday, April 9 1:00 PM Wyn Birkenthal shared that planning is underway for the event and that outreach has been made to the African American community to speak about Lillian Walker. He will be speaking to the Tree Committee on March 31" to make them aware of the event. A representative from the Department of Natural Resources will be at the ceremony to present the City the Tree City USA designation for the 18' straight year. E Update on Parks, Recreation and Open Space Plan Council Approval Wyn reported that City Council voted 6 in favor and 1 against approving the resolution to adopt the plan He praised the Parks and Recreation Commission for the effort put forward and helping to guide the department through the process. Commissioner Nerf's help with the survey and mapping was essential to the document. He commended Coletta Berna for her work in creating a plan that was appealing to the eye and something you want to pick up and read. g. Kitsap 9/11 Memorial Path ADA Issues Wyn Birkenthal commented on a recent VFW event that occurred at the memorial and shared a photo. He said that VFW volunteers have been at the park working and praise their commitment to maintaining the memorial. He then reported on an issue with the path leading to the memorial stating that Chairman Larson had brought to his attention the fact that the path did not meet ADA standards. Public Works and Parks staff will meet to discuss strategies to remedy this issue. The department will be putting up a sign at the entrance to the path letting users know they may have difficult with the path in a wheel chair. In 2015 the Washington Ave sewer project will result in construction along Highland Ave. in which the pump house and the portion of Highland Ave. in the park will be vacated. Dave Fergus has offered to design a path to run from the parking lot to the memonal that will be accessible and meet ADA requirements. h. Pesticide and Herbicide Use By City Wyn reported that he and Chal Martin, Public Works Director, met regarding this issue and decided to review current practices and move towards an integrated herbicide and pesticide plan where the City is using products that have the lowest environmental impact. Mr. Martin has establish an Interlocal Agreement with Dana Coogan of the Weed Control Board to review and make recommendations for moving to the most responsible weed control the City can do. Park Maintenance Manager, Tom Cressman and Wyn meet with the department's herbicide and pesticide vendor to review organic alternatives. V. Staff Reports: Tom Cressman: Tom reported that crews have completed pressure washing the Boardwalk. Parks crews worked with Public Works on the Gateway. Jeff Elevado. Jeff shared the schedule for upcoming events. VI. Commissioner's Comments and Questions: Commissioner Nerf expressed a safety concern regarding practicing pitching along the pathway at Lions Park. Commissioner Wiley reported on the recent work party at Forest Ridge Park. Washington Youth Academy attended and helped with ivy removal. They were also at Blueberry for a work party. Commissioner Dollar reported on the status of the cabin at N A.D Park and potential for another group to use the building following its vacation by the Boy Scouts. VII. Adjournment: Chairman Larson adjourned the meeting at 8:15 p.m. AGENDA BILL &A CITY OF BREMERTON CITY COUNCIL •06..ee wassoo M.....e• aas••a... ..monsooa•a..a@ammon..aa������e •������eeu�����• SUBJECT: Ordinance No 5243 amending Study Session Date: March 26, 2014 Chapter 7.15 of the Bremerton Municipal COUNCIL MEETING Date: April 2, 2014 Code and approval of agreement with USDA Department City Council relating to the feeding of raccoons. Presenter: Eric Younger Phone 473 -5280 SUMMARY: The City Council desires to amend Chapter 7.15 of the Bremerton Municipal Code regarding the feeding of raccoon and other related amendments Additionally, Council desires to approve a contract with the U.S Department of Agriculture to conduct wildlife damage management activities to control Raccoons residing in and around the City of Bremerton in order to reduce human health and safety threats and property damage. ATTACHMENTS: Ordinance No 5243; Cooperative Services Agreement, Work Plan FISCAL IMPACTS (Include Budgeted Amount) USDA contract for annual fee of $3,514 to be paid from non - departmental General Fund STUDY SESSION AGENDA. ❑ No Discussion © Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ® General Business ❑ Public Hearing RECOMMENDED MOTION: 1) Move to approve Ordinance No. 5243 amending Chapter 7.15 of the Bremerton Municipal Code. 2) Move to approved Cooperative Services Agreement with the US Department of Agriculture for the management of raccoons within the City of Bremerton and authorize the Mayor to finalize and execute the Agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 ORDINANCE NO. 5243 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 7 15 of the Bremerton Municipal Code entitled "Infractions." WHEREAS, the City Council desires to amend Chapter 7 15 of the Bremerton Municipal Code relating to the feeding of raccoons; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 7.15 of the Bremerton Municipal Code entitled "Infractions" is hereby amended to read as follows- Chapter 7.15 VIOLATIONS AND INFRACTIONS 7.15.010 INFRACTIONS. In addition to other violations and related fines or penalties provided in Title 7 BMC. The the following violations are declared to be Class 1 civil infractions: (a) Animal at Large. For the owner of a pet or livestock to suffer or permit such animal to leave the premises of the owner, unless the animal is under physical restraint adequate to the size and nature of the animal or is sufficiently near its owner to be under its owner's direct control and is obedient to its owner's commands, except that all dogs must be leashed when not on the premises of the owner. Exceptions to this restriction are pets engaged in formal training, competition, service dogs engaged in an activity for which they are trained or in service, or dogs allowed in City of Bremerton dog parks as provided in Chapter 13.04 BMC This provision also applies to the requirements established in BMC 7 06.010(m), (b) Animal in Heat. For the owner of a pet in heat to keep such an animal where it is accessible to male animals unless such accessibility is for the purpose of planned breeding; (c) Animal Noise. For any person(s) to own any animal which by its barking, howling, baying, squealing, crowing, crying, bleating, screeching, or making any other noise which by its volume or frequency unreasonably disturbs or interferes with the peace of any person(s) for more than fifteen (15) minutes in any one (1) hour period of any day, and is documented by three (3) or more separate episodes of such noise in a sequential seven (7) day period The burden is upon the owner of such animal(s) to maintain quiet. Exceptions to this subsection are commercial pet facilities, animal welfare facilities, veterinary hospitals, or grooming parlors otherwise in compliance with the Bremerton Municipal Code including, but not limited to, BMC 7 08.030, or those who can substantiate that such animal noise was caused by an injury or illness of the animal(s) or by willful trespass, torment, or abuse of the animal(s) on its property by others. Enforcement may be undertaken only upon written receipt of a complaint made to either the animal control authority or law enforcement by a person(s) residing at or who is employed in an area affected by such public noise disturbance Any such ammal(s) shall be deemed a nuisance and may be seized and impounded, pursuant to BMC 7.10 010(a), if the disturbance 1 Chapter 7.15- Raccoons reoccurs after the owner or custodian of such animal(s) has received two (2) written warnings from either the animal control authority or law enforcement within a calendar year; (d) Damaging Property For the owner of a pet or livestock to suffer or permit the animal to leave the premises of the owner and thereafter cause damage to any4hwdanrhmg of value or any other pet or livestock, (e) Disturbing Pedestrians For the owner of a pet or livestock, when off the property of the owner, to suffer or permit the animal to disturb people lawfully on public ways For the purposes of this section, "disturb" shall mean to chase or approach a person upon the streets, sidewalks, or any other public grounds or private property in a menacing fashion or apparent attitude of attack; (f) Chasing Vehicles For the owner of a pet or livestock to suffer or permit the animal to chase or run at or after vehicles lawfully on public ways; (g) Reporting and Releasing Stray Animals For any person to fail to notify the animal control authority that a stray pet or livestock is in the person's possession, or to refuse to release such stray animal to the animal control authority upon demand; (h) Releasing Animal. For any person except the owner or other authorized person to release any pet or livestock from confinement, (i) Excess Number of Animals To own more than a total of four (4) household pets as provided in BMC 7.08.010(f) or to own more than a total of five (5) chickens as provided in BMC 7.06.010(a) at the same place or residence without a valid commercial pet facility or animal welfare facility license; U) Failure to License. For an owner to fail to license a cat or dog as required by BMC 7.08 010(a); or to fail to obtain a chicken license as required by BMC 7 06 020(a). (k) Animal Bites To own a pet or livestock that bites a person while such person is on public property or lawfully on private property, (1) Agitating an Animal To intentionally agitate, harass, or provoke a pet or livestock except that a person may take reasonable steps, not causing undue pain or suffering, to remove unwanted animals from their property, (m) Failing to Notify Animal Control Authority of Change of Ownership, Custody, and/or Residence For any owner of an animal that has been declared dangerous or potentially dangerous to sell, barter, or otherwise transfer the ownership, custody, or residence of such an animal without notifying the animal control authority within fourteen (14) calendar days of the change as required by BMC 7 12 010(1) or to otherwise fail to comply with the requirements of that section; (n) Sale, Barter, or Other Transfer of Pets in Public Places Prohibited. It is unlawful to sell, barter, or otherwise transfer for the purpose of changing ownership any pet in an area open to the public, unless such activity is pursuant to BMC 7 08.030, or occurs at a sanctioned dog or cat show; (o) Transporting a pet or livestock in the open bed of a pickup truck or other outside part of a vehicle unless a suitable harness, cage, or enclosure is utilized and attached so as to protect such animal from falling or being thrown from the vehicle, and would not by its design or application cause Injury to the animal; (p) Pets Chasing Livestock. For the owner of a pet to permit that animal to harass or chase another owner's livestock, when not engaged in the specific work of herding approved by the owner of the livestock, (q) Animal Waste. For the owner of a pet to fail to remove deposits of fecal material originating from the owner's animal from public or private property unless the owner of such 2 Chapter 7.15- Raccoons property has given permission for such material to be deposited. This shall not authorize such deposits as are otherwise governed by public health regulations or other provisions of this code, (r) Outdoor Feeding. It shall be unlawful• jh_ To feed or allow any domestic or wild animals or birds to be feed-fed outdoors at such times and in such numbers that feeding birds or animals create an unreasonable disturbance or accumulation of droppings on surrounding properties, including public property, or 2) To feed or allow raccoons to be fed outdoors at any time (s) Ownership or possession by a person under the age of eighteen (18) years old of any dangerous or potentially dangerous animal; (t) Roosters it is unlawful to keep a rooster or roosters as prohibited by BMC 7 06 010(b); (u) Henhouses, coops and chicken tractors. For an owner to fail to comply with the provisions of BMC 7 06 010(d) through BMC 7 06 010(k); (v) For an owner to keep chickens in violation of BMC 7.06.010(m); (x) Chickens kept inside a permitted dwelling. For anyone to keep chickens, except chicks, inside any permitted dwelling as prohibited by BMC 7.06.010(c); (y) For an owner to fail to manage chicken manure as required in BMC 7.06.010(n); (z) For an owner to fail to maintain chicken feed to rodent -proof containers as required by BMC 7.06 010(p); (aa) For an owner to fail to provide for rodent -proof chicken structures pursuant to BMC 7.06.010(q); (bb) For an owner to fail to take necessary steps to eradicate rodents pursuant to BMC 7 06.010(r), (cc) For any owner to slaughter chickens in violation of BMC 7 06 01 0(o) This provision shall in no way limit the City of Bremerton's ability to prosecute for violations of Chapter 7.14 BMC. 7.15.020 INFRACTION PENALTY. (a) Infraction The base penalty for any infraction specified in BMC 7.15.010 shall be ax hundred twenty -five dollars ($77(x 89 125.00) for the first violation, eAe — hundred fefty4wefifty dollars ($4414 00 ) for the second infraction committed within my twelve (12) month period ene(1)eale>idef yeef, and five hundred dollars ($492- 99 500.00) for the third and subsequent infractions committed within any twelve (12) month period°°° " ` ealen °- yeaf In addition to the base penalty, a public safety and educational assessment and any other assessments required by statute shall be imposed Each and every day or portion thereof in which an infraction is committed shall constitute a separate and distinct infraction. Infractions under this section in—. insefaf as possible, be charged and processed pursuant to Chapter 1 12 BMC. 7.15.030 VIOLATION - MISDEMEANOR Any person who fails to cure a violation or comply with the requirements of this chapter after issuance of an infraction pursuan t to section 7 15 020 above shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). 3 Chapter 7.15- Raccoons 7.15.040 ENFORCEMENT BV GIVIL ACTIONVIOLATION — PUBLIC NUISANCE Any violation of aetio .. i 1...any anif ....1 of t he . o r kee i h e _..,.c...> ieh i eentnify-te -the provisions of this title, regardless if such constitutes a crime or infraction hereunder, shall be, and the same are declared to be unlawful and a public nuisance�yand e e ni pl ian ee w ith th title may be e f reed b an Wie f « a batement e« ittinet:en brou by 7.16.050 UNL AWFUL VIOLATIONS AND PENALTIES (a) it s h a ll be un fi 1. C'+7 (1) To fail o e t e to a n et.ee e f inf«eet:en i p an t to th eh (lam Any yi elet.e n e f th eh as s et f .th in this s eehe n s h a ll a ns t.t u te e SECTION Z Severabi[ity If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 3. EENctive Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of 2014 GREG WHEELER, Council President Approved this day of 2014 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM: SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of 2014 EFFECTIVE the day of 1 2014 ORDINANCE NO. R \Legal\i.egal \Ordinances \City CounciRChapter 7 15 - Raccoons - Final docx 4 Chapter 7.15- Raccoons COOPERATIVE SERVICE AGREEMENT REIMBURSABLE between City of Bremerton and UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES (WS) ARTICLEI — PURPOSE The purpose of this Agreement is to conduct wildlife damage management (WDM) activities to control Raccoons residing in and around the City of Bremerton in order to reduce human health and safety threats and property damage ARTICLE 2 - AUTHORITY APHIS WS has statutory authority under the Act of March 2, 1931 (46 Stat 1468, 7 U S C 426426b) as amended, and the Act of December 22, 1987 (101 Stat 1329 -331, 7 U S C 426c), for the Secretary of Agriculture to cooperate with States, individuals, public and private agencies, organizations, and institutions in the control of wild mammals and birds that are reservoirs for zoonotic diseases, or are injurious or a nuisance to, among other things, agriculture, horticulture, forestry, animal husbandry, wildlife, and public health and safety ARTICLE 3 - MUTUAL RESPONSIBILITIES The Cooperator and WS agree a To confer and plan a WDM program that addresses the need for managing conflicts caused by Raccoons in Bremerton, WA Based on this consultation, WS will formulate annually, to writing, the program work plan and associated budget and present them to the Cooperator for approval b Each year The Cooperator and APHIS -WS must agree to and sign the annual Work and Financial Plans, which upon execution are incorporated into this Agreement by reference c When either of the Cooperating parties address the media or incorporate information into reports and/or publications, both Cooperating parties must agree, in writing, to have their identities disclosed when receiving due credit related to the activities covered by this agreement d That APHIS -WS has advised the Cooperator that other private sector service providers may be available to provide wildlife management services and notwithstanding these other options, Cooperator requests that APHIS -WS provide wildlife management services as stated under the terms of this Agreement Agreement No 08- 73- 53- XXXX -RA Accounting Code 873 - 7353 -XXX ARTICLE 4 - COOPERATOR RESPONSIBILITIES The Cooperator agrees a To designate City Clerk, City of Bremerton, 345 6'" St, Suite 600, Bremerton, WA, 98337, 360 -473- 5323, as the authorized representative who shall be responsible for collaboratively administering the activities conducted in this Agreement, b To reimburse APHIS -WS for costs, not to exceed the annually approved amount specified in the Work and Financial Plan If costs are projected to exceed the amount reflected in the Financial Plan, the Work and Financial Plan shall be formally revised and signed by both parties before services resulting in additional costs are performed The Cooperator agrees to pay all costs of service submitted via an invoice within 30 days of the date of the submitted invoice or invoices as submitted by APHIS -WS Late payments are subject to interest, penalties, and administrative charges and costs as set forth under the Debt Collection Improvement Act of 1996 if the Cooperator is delinquent in paying the full amount of the due service costs submitted by APHIS -WS, and/or is delinquent in paying the due late payments, and/or is delinquent in paying the interest, penalties, and/or administrative costs on any delinquent due service costs, APHIS-WS will immediately cease to provide the respective service associated with the submitted service costs APHIS -WS will not reinstate or provide the respective service until all due service costs, and/or due late payments, and/or due interest, penalty, and/or administrative costs are first paid in full c To provide a Tax Identification Number or Social Security Number in compliance with the Debt Collection Improvement Act of 1996 d As a condition of this Agreement, The Cooperator ensures and certifies that it is not currently debarred or suspended and is free of delinquent Federal debt ARTICLE 5 — WS RESPONSIBILITIES WS agrees a To designate WS State Director, Roger Woodruff, 720 O'Leary Street NW, Olympia, WA 98502, (360) 753 -9884 as the authorized representative who shall be responsible for collaboratively administering the activities conducted in this Agreement, b The performance of wildlife damage management actions by WS under this agreement is contingent upon a determination by WS that such actions are in compliance with the National Environmental Policy Act, Endangered Species Act, and any other applicable environmental statutes WS will not make a final decision to conduct requested wildlife damage management actions until it has made the determination of such compliance, c To provide qualified personnel and other resources necessary to implement the approved WDM activities delineated in the Work and Financial Plan referenced in 3 a of this Agreement d To bill the Cooperator for costs incurred in performing WDM activities as authorized in the approved annual Work and Financial Plan as may be amended Agreement No 08- 73- 53- XXXX -RA Accounting Code 873 - 7353 -XXX e To notify the Cooperator if costs are projected to exceed the amounts estimated and agreed upon in the Financial Plan WS will cease providing goods or services until a revision to the Work and Financial Plan, as appropriate, have been agreed to and signed by both parties to this Agreement f Authorized auditing representatives of the Cooperator shall be accorded reasonable opportunity to inspect the accounts and records of WS pertaining to such claims for reimbursement to the extent permitted by Federal laws and regulations ARTICLE 6 — WS CONDITIONS For costs borne by WS, this agreement is contingent upon the passage of the Agriculture, Rural Development, and Related Agencies Appropriation Act for the current fiscal year from which expenditures may be legally met and shall not obligate APHIS upon failure of Congress to so appropriate This Agreement also may be reduced or terminated if Congress provides APHIS funds only for a finite period under a Continuing Resolution ARTICLE 7 — ASSURANCES Nothing in this agreement shall prevent any other State, agency, organization or individual from entering into separate agreements with WS or the Cooperator for the purpose of managing wildlife damage ARTICLE 8 — CONGRESSIONAL RESTRICTIONS Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress shall be admitted to any share or part of this agreement or to any benefit to anse therefrom ARTICLE 9 — APPLICABLE REGULATIONS All WDM activities will be conducted in accordance with applicable Federal, State, and local laws and regulations This agreement is not a procurement contract (31 U S C 6303), nor is it considered a grant (31 U S C 6304) In this agreement, APHiS provides goods or services on a cost recovery basis to nonfederal recipients ARTICLE 10 — LIABILITY APHIS assumes no liability for any actions or activities conducted under this agreement except to the extent the recourse or remedies are provided by Congress under the Federal Tort Claims Act (28 USC 1346(b), 2401(b), 2671 -2680) Agreement No 08- 73- 53- XXXX -RA Accounting Code 873 - 7353 -XXX ARTICLE 11 — AGREEMENT EFFECTIVE DATE This Agreement shall become effective upon the date of final signature and shall continue for a period not to exceed 5 years This agreement may be amended at any time by mutual agreement of the parties in writing It may be terminated by either party upon 60 days written notice to the other party Further, in the event the Cooperator does not for any reason reimburse expended funds, WS is relieved of the obligation to continue any operations under this agreement AUTHORIZATION: CITY OF BREMERTON 3456 T11 ST, SUITE 600 BREMERTON, WA 98337 Tax Identification Number 91- 6001231 Mayor Date UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES Tax Identification Number 41- 0696271 State Director, WA /AK Date Director, Western Region Date R \Legal\Legal \Contracts\FINANCE \Cooperative Service Agreement (Raccoons) doc WORK PLAN /FINANCIAL PLAN Cooperator: City Of Bremerton Contact: City Clerk, 360 -473 -5323 Cooperative Service Agreement No.: Accounting Code: Location: Bremerton, WA Dates: April 1, 2014 through March 31, 2015 In accordance with the Cooperative Service Agreement between the City of Bremerton and the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Wildlife Services (WS), this Work Plan sets forth the objectives, activities and budget of the wildlife control activities for the period of April 1, 2014 through March 31, 2015 Program Objective /Goals Wildlife Services' objective is to provide assistance to the City of Bremerton when it experiences conflicts with nuisance wildlife This assistance when initiated by the City may be in the form of educational information, non - lethal techniques or direct control. If direct control is necessary, the most effective and safe tools and techniques available will be utilized The specific goal is to start a program to control raccoons and other wildlife as agreed upon, in order to protect human health and safety and property in Bremerton, Washington Plan of Action The objectives of the wildlife control activities will be accomplished in the following manner 1 WS will assign one Wildlife Specialist and will provide the vehicle, field supplies and equipment for the project. The Specialist will work up to 80 hours in a year 2 Wildlife damage management may be accomplished with the tools and techniques listed in the Agreement for Control of Animal Damage, including: live traps, body gripping traps, and shooting 3. Matt Cleland, the District Supervisor in Poulsbo, (360) 337 -2778, will supervise this project It will be monitored by Roger Woodruff, State Director, Olympia, WA, (360) 753 -9884. 4 WS will cooperate with the Washington Department of Fish and Wildlife, the U.S Fish and Wildlife Service, county and local city governments, and other entities to ensure compliance with Federal, State, and local laws and regulations 5. City of Bremerton will be billed quarterly by WS only for the services rendered, not to exceed $3,514 annually The financial point of contact for this Work Plan/Financial Plan is Roberta Bushman Administrative Officer, (360) 753 -9884 BUDGET Listed below arc the estimated costs of the wildlife control program outlined above Salary & Benefits $2,114 Supplies 400 Vehicle Fuel 250 Subtotal 2,764 Pooled Job Cost 304 Program Support 446 TOTAL $ 3,514 City of Bremerton 345 6 ih St, Suite 600 Bremerton, WA 98337 Mayor Date UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES State Director, WA/AK Date Director, Western Region Date R \Legal \Legal \Contracts \FINANCE \Work Plan - Cooperative Service Agreement (Raccoons) doc RACCOON REPORTING A copy of Ordinance #5243 will be sent to both the Humane Society and USDA for enforcement of either of the two scenario's listed below All citations issued will be paid at Bremerton Municipal Court and if not paid they will be forwarded to collections Scenario 1 First Complaint comes into KHS from 911 KHS investigates and if appropriate issues citation, $125 KHS forwards report of complaint and investigation to City Clerk City Clerk forwards report to USDA for citizen education, phone contact Second Complaint comes into KHS KHS investigates and if appropriate issues citation, $250 KHS forwards report to City Clerk City Clerk forwards report to USDA and if necessary trapping of raccoons USDA forwards report to City Clerk and if necessary forwarded to KPH for investigation into Public Health. (This can be interchanged with the USDA trapping.) KPH forwards report to City Clerk Third Complaint in a year, all three agencies investigate and forward reports to City Clerk City Clerk forwards to City Attorney's office for further action Scenario 2 On -line reporting nuisance /feeding, latrines, and raccoons to City Clerk City Clerk forwards to appropriate agency (KHS /USDA) for citation /education /trapping Agency forwards complaint /investigation report to City Clerk City Clerk forwards to KPH if appropriate Third complaint in a year forwarded to City Attorney's office for further action Raccoons - Living with Wildlife I Washington Department of Fish & Wildlife Page 1 of 6 Living with Wildlife Raccoons v. Download PDF Print version -e. • - Raccoon Facts Viewing Raccoons t .� Raccoons -Too Close for Comfort • Preventing Conflicts • Raccoons in Dumpsters and Down Chimneys Trapping Raccoons Lethal Control Public Health Concerns Flyun t oaa are.accoons manipulate and mdsten woo items in Water. there is a misconception mat Legal Status rattuma wash Rhea roof other. eatm s q li Hawe g when water is not available, iadcoms use many or the wine nnnons in handing Few (Pairs or Gasser • Additional Information Arms.() The raccoon (Procyon Worst) is a native mammal, measuring about 3 feet long, including its 12 -inch, bushy, ringed tail Because their hind legs are longer than the front legs, raccoons have a hunched appearance when they walk or run Each of their front feet has five dexterous toes, allowing raccoons to grasp and manipulate food and other items (Fig 1) Raccoons prefer forest areas near a stream or water source, but have adapted to various environments throughout Washington Raccoon populations can get quite large in urban areas, owng to hunting and trapping restrictions, few predators, and human - supplied food Adult raccoons weigh 15 to 40 pounds. their weight being a result of genetics, age, available food, and habitat location Males have weighed in at over 60 pounds A raccoon in the wild will probably weigh less than the urbanized raccoon that has learned to live on handouts, pet food, and garbage-can leftovers As long as raccoons are kept out of human homes, not cornered, and not treated as pets, they are not dangerous Facts about Washington Raccoons Food and Feeding Habitats • Raccoons will eat almost anything, but are particularly lond of creatures found in water —clams, crayfish, frogs, fish, and snails • Raccoons also eat insects, slugs, dead animals, birds and bird eggs, as well as fruits, vegetables, nuts, and seeds Around humans raccoons often eat garbage and pet food • Although not great hunters, raccoons can catch young gophers. squirrels, mice, and rats • Except during the breeding season and for females with young, r accoons are solitary In dividuals wil eat together if a l a o f f is a vailable in an area Den Sites and Resting sites • Dens are used for shelter and raising young They include abandoned burrows dug by other mammals, areas in or under large rock piles and brush piles, hollow logs, and holes in trees • Den sites also include wood duck nest - boxes, attics, crawl spaces. chimneys, and abandoned vehicles • In urban areas raccoons normally use den sites as daytime rest sites In wooded areas, they often rest in trees • Raccoons generally move to different den or daytime rest site every few days and do not follow a predictable pattern Only a female with young or an animal 'holed up' during a mid spell w Il use the same den for any length of time Several raccoons may den together during venter storms Reproduction and Home Range • Raccoons pair up only during the breeding season, and mating occurs as early as January to as late as June The peak mating period is March to Apnl • After a 65 -day gestation penod two to three kits are born • The kits remain in the den until they are about seven weeks old, at which time they can walk run, climb. and begin to occupy alternate dens • At eight to ten weeks of age, the young regularly accompany their mother outside the den and forage for them selves By 12 weeks, the kits roam on their own for several nights before returning to their mother • The kits remain win their mother in her home range through winter, and in early spring seek out their own territories • The size of a raccoon's home range as well as its nightly hunting area vanes greatly depending on the habitat and food supply Home range diameters of 1 mile are known to occur in urban areas Mortality and Longevity 71k Raccoons the from encounters with vehicles. hunters, and trappers, and from disease, starvation, and predation {� • Young raccoons are the main victims of starvation since they have very little fat reserves to draw from during food shortages In late winter and early spring • Raccoon predators include cougars, bobcats, coyotes, and domestic dogs Large owls and eagles will prey on young raccoons ,* • The average life span of a mtwin in the wild is 2 to 3 years, captive raccoons have lived 13 Viewing Raccoons http / /wdfw.wa gov /living /raccoons.html 3/26/2014 Raccoons - Living with Wildlife I Washington Department of Fish & Wildlife Page 2 of 6 Raccoons can be seen throughout the year, except during extremely cold periods Usually observed at night, they are occasionally seen tlunng the day eating or napping in a tree or searching elsewhere for food Coastal raccoons take advantage of low tides and are seen foraging on shellfish and other food by day Trails Raccoons use trails made by other wildlife or humans next to Creeks, ravines ponds, and other water sources Raccoons often use culverts as a safe way to cross under roads With a marsh on one side of the road and woods on the other, a Culvert becomes their chief route back and forth Look for raccoon tracks In sand. mud, or soft soil at either end of the culvert In developed areas, raccoon travel along fences, next to buildings, and near food sources Tracks, Scratch Marks, s s and Similar Signs e r Look for tracks in sand, mud, or soft soil, also on deck railings, fire escapes, and other 9 (Fig ) may s Figure 2 The rear mot of like aa, surfaces that raccoons use to gain access to structures Fi 2 Tracks a smxaes - neeiandlooks y ppear as and ba ck human footprint havefiv loss from smudge marks an the side of a house where a raccoon shimmies up and down a / r aria harx reel have five mea Tne downspout or utility pipe / from prints have shover heel marks and are z to 3lnwas long me hind Sharp, nonretractable claws and long digits make raccoons good climbers Like squirrels, Vets are 3 m 4 imnes long fFroth Pamea aal Sian anther raccoons can rotate their hind feet 180 degrees and descend trees headfirst (Cats caws Tracks of fine Paofic Nodinn it don't rotate and they have to back down trees ) Look for scratch marks on trees and other structures that raccoons climb Look for wear marks, body oil and hairs on wood and other rough surfaces, particularly around the edges of den entrances The den's entrance hole is usually at least 4 inches high and 6 inches wide Droppings Raccoon droppings are crumbly, flat- ended. and can contain a variety of food items The length is 3 to 5 inches, but this is usually broken into segments The diameter is about the size of the end of your little finger #' Raccoons leave droppings on logs, at the base of trees and on roofs (raccoons defecate before climbing trees and entering structures) Raccoons Create toilet areas— inside and outside structures way from the nesting area House cats have similar habits sY Note Racoon droppings may Carty a pa rasi te th at can be fatal t humans Do not handle or smell raccoon droppings and wash your hands it you i touch any (See Public eaH it Concerns Calls Raccoons make several types or noises, including a pun, a chittering sound and various growls. snarls, and snorts Raccoons —Too Close for Comfort If a raccoon ever approaches too closely, make yourself appear larger stand up if sitting, shout and wave your arms If necessary throw stones or Send the momon off with a dousing of water from a hose or bucket If a raccoon continues to act aggressively or strangely (circling, staggering as if drunk or disoriented, or shows unnatural tameness) it may be sick or injured In writ a Case, Call a wildlife rehab,Iitator (see Wildlife Rehabilitator5 and Wildlife Rehabilitation) or your WDFW Regional Office If aggressive raccoons are routinely seen in your area prepare your children for a possible encounter Explain the reasons why raccoons live there (habitat, food sources, species adaptability) and what they should do if one approaches them By shouting a set phrase such as 'Go away mccoonl' when they encounter one, instead of a general scream, children will inform nearby adults of the raccoon's presence Demonstrate and rehearse encounter behavior with the children If a raccoon fins its way into your house, stay calm, close surrounding interior doors, leave the room, and let the animal find its way back out through the open door, window, or pet door If necessary gently use a broom to corral the raccoon outside (Do not corner a raccoon, thereby forcing it to defend itself ) Preventing Conflicts A raccoon's search for food may lead it to a vegetable garden, fish pond garbage can, or chicken mop Its search for a den site may lead it to an attic, chimney. or crawl space T most effective way to prevent conflicts is to modify the habitat aroun Your home so as not to attract raccoons Recommendations on how to do this are given be ow -J Don't feed raccoons Feeding raccoons may create undesirable situations for you, your children, neighbors, pets, and the raccoons themselves Raccoons that are fed by people often lose their fear of humans and may become aggressive when not fed as expected Artificial feeding also tends to Concentrate raccoons in a small area, overcrowding win spread diseases and parasites Finally, these hungry visitors might approach a neighbor who doesn't share your appreciation of the animals The neighbor might choose to remove these raccoons, or have them removed Don't give raccoons access to garbage Keep your garbage con lid on tight by semnng it with rope, chain, bungee cords, or weights Better yet, buy garbage Cans with clamps or other mechanisms that hold lids on To prevent tipping, secure side handles to metal or'wooden stakes driven into the ground Or keep your cans in tight- filling bins, a shed or a garage Put garbage Cans out for pickup in the morning after raccoons have returned to their resting areas *Feed dogs and Cats Indoors and keep them In at night If you must feed your pets outside, do so in late morning or at midday. and pick up food, water bowls, leftovers, and spilled food well before dark every day Keep pets Indoors at night If comered, raccoons may attack dogs and Cats Bite wounds from raccoons win result in fractures and disease transmission http / /wdfw wa gov /living /raccoons html 1/26/2014 Raccoons - Living with Wildlife I Washington Department of Fish & Wildlife Page 3 of 6 Prevent raccoons from entering pet doom Keep Indoor pet food and any other food away from a pet door Lock the pet door at night If it is necessary to have It remain open, put an electronically activated operrer on yaw pat's collar Nom• Floodlights or motion detector lights placed above the pet door to scare raccoons are not long -term solutions Put food In secure compost containers and clean up barbecue areas Don t put food of any kind in open Compost piles, instead, use a securely covered compost structure or a Commercially available raccoon -prcof composter to prevent attracting raccoons and getting exposed to their droppings A Covered worm box Is another alternative If burying food scraps cover them with at least 8 inches of soil and don't leave any garbage above ground in the area— ncluding the slinky shovel Placing a wre mesh barrier that is held in place with a heavy object over the in-ground Compost will prevent problems Clean barbecue grills and grease traps thoroughly following each use Eliminate access to cleaning sites Raccoons commonly use chimneys, attics, and spaces under houses, porches, and sheds as den sites Close any potential entries with % -Inch mesh hardware cloth, boards a metal flashing Make all connections flush and secure to keep mice rats, and other mammals out Make sure you don't trap an animal Inside when you seal off a potential entry (see Evicting Animals from Buildings) For Information on securing chimneys, see "Raccoons in Dumpsters and Down Chimneys" W Click !o eniarge Cl ck to enierge Figure s Raccoon access to rooftops can DB efminateci by insal:ing Figure 4 Commercially available meall or pievec spikes can 9110615 Of aluminum IlaSnmg, at least J feet severe arouno the corners of help keep raccoons on of buiida'gs fpreasmgs by JeMrer bwldings Rom) Prevent raixvms from accessing rooftops by trimming tree limbs away from structures and by attaching sheets of metal Bashing around Corners of buildings (Fig 3) Commercial products that prevent climbing are available from farm supply centers and bird-control supply companies on the Internet ( Fig 4) Remove vegetation on buildings, such as English ivy, which provide raccoons a way to climb structures and hide their access point inside Raccoons In Dumpstem and Down Chimneys Raccoonsam enticed by the food smells in dumpsters When the lids are open they climb in and can't climb the slippery sides to get out To help them escape, pula'sMMg or board in the dumpster for the raccoons to climb out on If your c')osal company leaves dumpster lids open, install a sign telling employees that it's vital to keep the lid closed so animals don't get trapped Inside C.nsiifar installing a totally enclosed trash - compacting dumpster The trash is deposited In the front and regularly Compacted In spring aRtsummer, a female raccoon may be enticed into the dark, quiet, and secure environment of your Chimney for a nesting place If you h 'ra large animal on the roof or growls and whines coming from the chimney at night, there Is probably a raccoon family Inside Using a powerful Ilaslgight during the day, look for a raccoon down the chimney (If spider webs are strung across the Inside you can be reasonably sure that no animal is using the chimney) The easiest solimon to removing raccoons from a chimney Is to wall for them to move on their am After eight to ten weeks the female and young will leave and not iasaii If raccoons need to be evicted. do not smoke them out and do not pour anything, Including naphtha flakes or mothballs, dam the chimney Adult raccoons can easily climb out at a chimney. but the babies Can't The concentrated vapors can also damage the infant raccoons' mucous membranes and make an adult raccoon extremely agitated while attempting to flee from the vapors Instead, harass the adult female using the following methods until being there is no longer worth her effort She will move her young to an alternate den, one by one, holding them by the back of the neck In her mouth Note Any time you try to evict any mother animal, there is a Chance that she may leave some or all of the babies behind To encourage the female raccoon to leave 1 Keep the chimney damper closed and put a loud radio tuned to a talk station In the fireplace 2 With a short broomstick, pole, or board, bang on the underside of the damper as frequently as possible 3 Wearing gloves, sprinkle coyote urine or raccoon eviction fluid (available from farm supply centers, hunting stores, and the Internet) on a rag and wedge it in above the damper If none of these natural repellents are available, place a bowl Containing a cup of ammonia on a footstool just under the damper If needed. open the damper 118 -inch Most dampers are not airtight. Keep what deterrents you can in place 24 hours a day during a period of mild weather, and give the raccoons two to three nights to move out On the night of departure there may be a lot of racket caused by the female raccoon's frequent climbing up and down the chimney as she retrieves her young In urban areas, harassment techniques may not work owing to raccoons' familiarly with humans In such cases, call a wildide damage control company and have them assess the situation (see Hiring a Wildlife Damage Control Company) To make sure the eviction process was successful, shine a powerful flashlight down the chimney during the day and took for raccoons Tap the chimney with a hard object and listen for any sounds of movement If a young raccoon is http: / /wdfw.wa gov /ltvmg /raccoons html 3/26/2014 Raccoons - Living with Wildlife I Washington Department of Fish & Wildlife Page 4 of 6 left behind, it may be that the mother has abandoned It In these rare cases it is best to hire a wildlife damage control company to remove the animal.._. I Once the raccoons are gone, promptly call a professional chimney sweep to remove any debris and to Install a t;i • "' .•� commercially designed and engineered chimney cap (homemade caps are often unsafe and may be a fire hazard) I � You can still have Ores in your fireplace, however, the "Cap' will keep raccoons and other wildlife out (Fig 5) Figure 5 A Cpnmemally av &lade wunMy cep w,Il pte rant nuLVMs and war small animals rim an%nr,g ma dimnay (Dnwneby Jenaw Reea) Enclose poultry (chickens, ducks, and turkeys) In a secure outdoor pen and house Raccoons will eat poultry and their eggs if they can get to them Signs Of raccoon predation include the birds' heads bitten off and left some distance away, only the bird s crop being eaten, stuck birds pulled half -way through a fence, and nests in severe disarray Note Other killers of poultry include coyotes, foxes, skunks, feral cats, dogs. bobcats, opossums, weasels, eagles, hawks, owls, other poultry and disease If a dead bird is found with no apparent Injuries, skinning it may determine what killed it If the carcass Is patterned by red spots where pointed teeth have bruised the flesh but not broken the skin, the bird was probably - played with' by one or more dogs until it died To prevent raccoons and other animals from accessing blurs in their night roosts, equip poultry houses with well -fitted doors and secure locking mechanisms A raccoon's dexterous paws make it possible for it to open various types of fasteners, latches, and containers I ' j 7o prevent racoons and other animals from accessing poultry during the day, completely enclose Y_ outdoor pens with 7 -Inch chicken wire placed over a sturdy wooden framework Overlap and secure ly II wire all seams on top to prevent raccoons from forcing their way In by using their weight and claws To l prevent raccoons from reaching in at ground level, surround the bottom 18 inches of the pen with smaller-rnesh ware T „ , , • w , Y See Figures 3, 4 B for examples of how to prevent raccoons from climbing enGOSUres (See enclo sures Convicts" in Skunks for examples of how to prevent raccoons from digging into enclosures) Figure 9 Move two eleuiued vans 12 aril is inones Fence Orchards and vegetable gardens above ground and onto exisung fema pasts poduy pen Raccoons can easily climb wood or were fences, or bypass them by using overhanging limbs Or trees awppods and what swdures using the proper Of shrubs See Figures 6 and 8 for examples of ways to prevent raccoons from climbing ences and �nsulaWn, A sense strand or vine may be suMoem but g two w,ns wai pnnde added m imams against the accessing apps at ground level Wire fences will need to have a mesh size that is no wider than 3 animal makiry me dine Rw we or two Mounted inches to keep young raccoons out ( See "Electric Fences" In Deer for additional information) wires toward me top d ms lama to prevent pobuts aM other epapes it. rympr g me IOM, hot vans and Protect fruit trace, bird feeders, and nest boxes making me ckm t (Draeong by Jante,Reea ) To prevent raccoons from climbing fruit trees poles, and other vertical structures, install a metal or heavy plastic barrier (Fig 7) Twenty- lour -inch long aluminum or galvanized vent -plpe, available at most hardware stores, can serve as a prema le barrier around a narrow support (See Tree Squirrels for more examples ) Note Raccoons will attempt to use surrounding trees or structures as an avenue to access the area above the banter Allernatrvely, 8A"EI- shaped piece of aluminum flashing can be fitted around the tree or other vertical structure The outside edge of the flared metal should be aminimum of 18 inches away from the support Cut the material with tin snips and file down any sharp edges Regularly pick up fallen birdseed and fruit to prevent attracting raccoons.t i y I t Discourage raccoons from disturbing pond plants and other aquatic life -•,� ; \; it Raccoons are attracted to ponds because they associate them with a food source While a motion-activated light or sprinkler, or your shouting may scare off a raccoon, this is usually temporary A raccoon, especially Ir an urban raccoon, may run away the first night walk away the second night, but if there's no additional f r , deterrent, by the third or fourth night the animal will be back with the light shining brightly ar the sprinkler sprinkling strongly Always give fish a safe place to hide by constructing hiding places on the bottom of the pond Use cinder blocks, ceramic drain file wire baskets, or upside -down plastic crates held In place with heavy rocks To prevent raccoons from disturbing aquatic plants in containers, use containers that are loo heavy or wide Figure y A recwon guns un be secured for raccoons to overturn Securing chicken wire over the top of the containers will prevent moccons from anund Ines pipe, pasts and other Mrctirea disturbing the soil Inside to keep awame from d:mung it m be made rim a pace of elum„wm fzah,g w Wheal mazy Although It s awkward looking, small ponds can be completely covered with a barrier that can be left on held together wan wire hails or awes and permanently or removed dally patMedmbiend,n (Dramreby Jenih,Reea) Since raccoons are most active after dark, be sure the pond is covered at night Examples of banters include one -Inch mesh chicken wire laid over the surface and held in place with stakes — raccoons will walk On the barrier and try and g0 under it (Mile black bird- netting is less conspicuous raccoons and other animals can easily get entangled in it ) A wooden or PVC pipe frame covered with wire mesh can also be bull( to cover the pond Maneuvering over pond plants with any Of the above can be difficult An alternative frame can be constructed from heavy plastic lattice available from home Improvement centers Carefully cut the lattice sD It fits In the pond, cut out pieces to accommodate any pond plants Cover the lattice with bird netting (with the solid backing, animals are less I,kely to become entangled In the netting) The netting can be glued to the lattice using Shoe Goo® or other waterproof glue For larger ponds, stake 2 -foot wade strips Of chicken were flat around the Inside Of the pond edge where raccoons are entering (Cut the wire as needed to match the curvature of the pond ) Raccoons will have difficulty reaching over the wire. and will tend to not stand on it oecause of Its instability To camouflage and extend the life of the wire, spray it with darkc0lored automobile undercoat paint or other rustproof paint http : / /wdfw.wa gov /ltving/raccoons.html 3/26/2014 Raccoons - Living with Wildlife I Washington Department of Fish & Wildlife Page 5 of 6 Ponds with steep, 2 -foot high side walls discourage raccoons from entering the water, but may be a safety hazard for small Children and the elderly These hazardous areas can be located away � from paths and/or be heavily buffered with dense growths of tall marginal plants and shrubs Two electrified wires, B and 12 inches above ground and just back from the waters edge will deter raccoons A single strand of wire may be sufficient. but two wires will provide added insurance against the animal making the climb The wires can be hooked up to a switch for discretionary Figure s metes two eiecbifted tyres 6 and 12 incites move use, when you want to work near the wire, turn the system off Where the bamer presents a safety grave around sea crops and a,w areas rowing problem, attach signs, short pieces of white cloth, or other material on the wire for wsibllity (See protection. The feria can M hooked up to a wmdt W "Electric Fence," in Deer for additional information) discreWniry use when y xi warn to wOM1 near a Ium One system 0 where ire fence presents a safety problem. Prevent damage to lawns Bemuse worms and grubs inhabit areas just under well - watered sod, inset signs anon p: Wae of g b y dote or co maxnal an get wire for visibility (Damp ey Jenil�r Fees) raccoons (and skunks) are attracted to Inese food sources See "Prevent Damage to Lawns" in Skunks for ways to prevent conflicts Trapping Raccoons Trapping and relocating a raccoon several miles away seems an appealing method of resolving a conflict bemuse it is perceived as giving the - problem animal' a Second chance m a new home Unfortunately, the reality of the situation is quite different Raccoons typically try to return to their original temtorie9, often getting hit by a car or killed by a predator in the process If they remain in the new area, they may get Into rights (oftentimes to the death) with resident raccoons for limited food, shelter, or nesting sues Raccoons may also transmit diseases to rural populations that they have picked up from urban pets Finally, if a place 'in the wild' or an urban green space Is perfect for raccoons, raccoons are probably already there It isn't fair to the animals already living there to release another Competitor into their home range Raccoons used to a particular food source, type of shelter, or human activity will seek out familiar situations and surroundings People, organizations or agencies that illegally move raccoons should be willing to assume liability for any damages or Injuries mused by these animals Precisely for these reasons, raccoons posing a threat to human and pet safety should not be relocated In many roses, moving raccoons will not Solve the original problem because other raccoons will replace them and cause similar conflicts Harm, it is more effective to make the site less attractive to raccoons than it is to routinely trap them Trapping also may not be legal in some urban areas, check with local authorities Transporting animals without the proper peril is also unlawful In most cases (see "Legal Status') See Trapping Wildlife for information on trapping raccoons 7 Lethal Control Lethal control is a last resort and can never be justified without first applying the above- descnbed nonlethal control techniques Lethal control is rarely a long -ter solution since other raccoons are likely to move in if food. water, or shelter remains available If all efforts to dissuade a problem raccoon fail, the animal may have to be trapped See Trapping Wildlife for information on trapping raccoons While shooting can be effective in eliminating a single raccoon, it Is generally limited to rural situations Shooting is considered too hazardous In more POPUated areas even if legal (See "Legal Slalus" for important information ) Public Health concertina A disease that contributes significantly to raccoon mortality Is canine distemper Canine distemper is also a common disease fatal to domestic dogs. foxes, coyotes. mink, otters, weasels, and skunks It Is mused by a virus and Is spread most often when animals come in Contact with the bodily secretions of anmals infected with the disease Gloves, urges and other objects that have Come in contact with infected animals can also contain the vices The best prevention against Canine distemper is to have your dogs vaccinated and kept away from raccoons Raccoons Col Washington often have roundworms (like domestic dogs and cats do but from a different worm) Raccoon roundworm does not usually cause a serious problem for raccoons However, roundworm eggs shed in raccoon droppings can muse mild to serous Illness in other animals and humans Although rarely documented anywhere in the United States, raccoon roundworm can infect a person who accidentally ingests or inhales the parasite's eggs. Prevention consists of never touching or inhaling raccoon droppings using rubber gloves and a mask when cleaning areas (Including traps) that have been occupied by raccoons. and keeping young children and pets away from areas where raccoons concentrate (If washing raccoon droppings from a roof watch where the liquid matter is going ) Routinely encourage or assist your children to wash their hands after playing outdoors. Unfortunately raccoon roundworm eggs can remain allve In soil and other places for several months If a person is bitten or wretched by a raccoon, immediately scrub the wound with soap and water Flush the wound liberally with tap water In other parts of the United States raccoons can wrry rabies Contact your physician and the local health department immediately If your pet is bitten, follow the same cleansing procedure and Contact your veterinarian Legal Status Bemuse legal status, trapping restrictions and other information about raccoons change, Contact your WDFW Regional Office for updates The raccoon Is Classified as both a furbearer and a game animal (WAC 232 -12 -007) A hunting or trapping license is required to hunt or trap raccoons during an open season A property owner or the owners Immediate family, employee, or tenant may kill or trap a raccoon on that property If It Is damaging crops or domestic animals (RCW 77 36 030) In such cases, no permit Is necessary for the use of live (cage) traps However, a special trapping permit is required for the use of all traps other than live traps (RCW 77 15 192, 77 15 194, WAC 232 12 -142) It Is unlawful to release wildlife anywhere within the state. other than on the property where it was legally trapped, without a permit to do so (RCW 77 15 250, WAC 232 -12 -271) Except for bona ride public or private zoological parks, persons and entities are prohibited from Importing raccoons Into Washington Slate without a permit to do so (WAC 246- 100 -191) Additional Information Books Conover. Michael Resolving Human — Wildlife Conflicts The Science of Nlld /de Damage Management Bow Raton, FL Lewis Publishers, 2002 Hygnstrom, Scott E , at al Prevenmon and Control of Wildlife Damage Lincoln, NE University of Nebraska - Lincoln, Institute of Agriculture and Natural Resources, 1994 (Available from University of Nebraska Cooperative Extension, 202 Natural Resourms Hall, Lincoln, NE 68583 -0819, phone 402. 472.2188 also see Internet Sites below) http. / /wdfw.wa gov /livmg/raccoons html 1/ ?6/7014 Raccoons - Living with Wildlife I Washington Department of Fish & Wildlife Page 6 of 6 Link, Russell Landscaping for Wildlife In the Pacific Northwest Seattle University of Washington Press and the Washington Department of Fish and Wildlife. 1999 Maser, Chris Mammals of the Pacific Northwest From the Coast to the High Cascades Corvalis Oregon Stale University Press, 1998 Vans. B J. and Leslie N Canaway Land Mammals of Oregon Los Angeles University of California Press, 1998 Internet Resources Burke Museum's Mammals of Washington Internet IPM Resources on Vertebrate Pests (Oregon State University) Prevention and Control of Wildlife Damage Tho Internet Center for Wildlife Damage Management U S Forest Service Wildlife Species Life Form Information Wildlife Control Supplies hdeylsdhom wLiving with Wldilh In the PSCINC NorthweeP (see NIP: wdw we gm.;h Wneeeey Rii Seii:.nA Uieen Wid.ei eidWist http• / /wdfw.wa gov /living /raccoons html 1/?6/7n14 KITSAP PUBLIC 345 6th Street, Suite 300 Bremerton, WA 98337 HEALTH DISTRICT 360 - 337 -5235 March 26, 2014 IRS MY LOUKO OFFIEE'; Eric Younger DATE 3 /a4- /,y Bremerton City Council 3456 th Street, #600 Bremerton, WA 98337 RE: PROPOSED REVISIONS TO CITY CODE TO ADDRESS RACOON ISSUES Dear Mr Younger. The Health District has reviewed the proposed changes to Bremerton City code that will make it a violation to feed raccoons and /or cause a nuisance through the feeding of raccoons inside the city Since the Health District has been peripherally involved in several recent raccoon situations we recognize the problems that can occur when raccoons become too well established in a residential area Accordingly, the Health District supports these proposed changes to the Bremerton City code. The Health District also recommends that sufficient resources be provided to ensure for the successful implementation of these new requirements Should you have any questions or require additional information, please do not hesitate to contact me in person. Si i � � Ja Brower RS S W Program Manager kitsappublichealth.org i From: Lori Smith on behalf of City Council Sent: Thursday, March 27, 2014 4 36 PM To: 'Dianne Dessert' Subject: RE Citizen Comments - Raccoons (Dianne Dessert) Ms Dessert, Thank you for your comments, which will be provided to the Council Members for their review and consideration A copy of your letter will also be included as a part of the official record. Your input is appreciated. Sincerely, Lori Smith Legislative Assistant Bremerton City Council _............_...._ ...... ........_.......... ...... .... ... ... ..__. .......... ... ... . ... ... __ ............ . .... ...._...._.... .............__._.............. From: Dianne Dessert [ mailto:gyosv319C & charter.net Sent: Wednesday, March 26, 2014 5:03 PM To: City Council Subject: Raccoons From Dianne Dessert, Grants Pass, OR . I hold WA State & Federal licenses for Wildlife rehabilitation and had a satellite facility in Kitsap County for 6 years. Raccoons have always been a problem in Bremerton from the time I was a child in the 50's. When the bowling alley in E. Bremerton was open, you could open the back door and find 40 to 50 on any given evening. Mother Nature has a means of controlling the raccoons through distemper which permeates the populations when the areas can't support them any longer That distemper does affect some pets, but not as many as people believe. Their average life span in the wild is 2 to 3 years, but at one year of age, they can begin to have litters of 2 to 3 kits Normally, only 1 or 2 will live to adulthood and the males can't stay within the same territory or they will be killed by the patriarch within that territory. The biggest problem In the city, and surrounding areas, is humans. No matter how much education people are given, they ignore it. Don't feed them, don't leave out pet food, take your pets in and close the pet doors at night, place trash cans and garbage in a garage or enclosed area, clean all animal bowls with bleach /water, clean up known feces in a yard with rubber gloves and spray the area with I bleach/water for safety of pets and children. There are other methods and I'll enclosure a web site that details them. We have bear and cougar all through our foothills now. A lot of them. We follow the guidelines I just listed and don't have a problem most of the time. You had a bout of distemper in the Puget Sound region in 2011 and you're due for another in a year or so. It happens about every 5 years up there Yes, raccoons carry zoonotic diseases, although there hasn't been a case of rabies by raccoons in over 60 years in WA State. You have had numerous cases caused by bats Nor have there been any cases of Leptospirosis in humans, which is the most dangerous bacteria carried by raccoons If the animals are in a crawl space, or other area of the home /garage /outbuilding, place a rag in a bowl, pour bleach in to fill and place it where the animal has been entering/nesting. It WILL get them to leave. If they have young babies, it may take a while. Same with squirrels and other small mammals in crawlspaces or attics Then, AFTER the animal is gone, close up that entry. Check for entries as a safety precaution. If you're going to trap them when populations are high, where do you take them? The whole of the Olympic Peninsula has raccoons and finding humane locations that will support them is getting almost impossible. Relocation is also inhumane as territories are established and they will fight to the death or attempt to find their way back to their own grounds, getting ill and fighting with pets as they pass through. According to WDFW, lethal control is a last resort and can never be justified without first applying the above - described nonlethal control techniques. Lethal control is rarely a long -term solution since other raccoons are likely to move in if food, water, or shelter remains available. It will always happen. Education, education, education and let Mother Nature take care of the rest. Save your dollars ... your problem will only return in a few years That's a given. You're surrounded by water and have the perfect environment for these animals. I suppose laws/fines could be utilized for the worst offenders of feeding and drawing them to a neighborhood, although that will also be costly in man hours for law enforcement • Dianne Dessert Says: Your comment is awaiting moderation. March 26th. 2014 at 4 48 pm Sorry. forgot the link for additional control htto: / /wdfw.wa.gov /living /raccoons html 2 From: Lori Smith on behalf of City Council Sent: Thursday, March 27, 2014 4 46 PM To: - - Subject: RE Citizen Comments -Raccoon News Article (Anonymous) Dear Interested Citizen, Thank you for your comments, which will be provided to Council Member Davis as you indicated, as well as the remaining Council Members for their review and consideration Although anonymous, a copy of your letter will still be included as a part of the official record. Your input is appreciated Sincerely, Lori Smith Legislative Assistant Bremerton City Council - - - -- - -- _.._..._......_.._..._._..... - -- --- --------- ----- .... - -- - - - -- - From: kvetl Sent: Thursday, March 27, 2014 5:57 AM To: City Council Subject: news article (racoons) District 5. Mr Davis, In todays Sun, an article about raccoons and fines for people that feed them I very mach disagree with fining folk at all and making it an offense to feed raccoons. I also disagree with shooting the friends. They can be relocated with out destroying them, I am sure. Some 20 plus years ago I called every where I could think of to ask for help to re- locate raccoons. 1 was told 1 would have to hire a trapper at my own expense to relocate the raccoons. I could not afford to do that, so the raccoons stayed around due to the city's lack of assistance. 1 still had to feed some cats and so on and raccoons did get food. Due to the city and county's lack of resource and assistance in the past, now the raccoons are my friends. If the city will not step up and do their part to relocate the raccoons, why punish the home owners? 1 see it as the city's fault for not addressing the issue years ago and having a service to relocate the critters. I have spent many dollars on taking in stray cats, the doctor bills for stray cats, and even money went to the Humane Society for stray cats I also received assistance from a source called Alley Cat Allies, when they were active here. I believe the city can step up and do their part without punishing the public for the city's lack of resource. A hungry raccoon will be more aggressive then a raccoon with a full tummy. Think about it. 1 wish to leave my name off for now here Say anonymous. i From: Lori Smith on behalf of City Council Sent: Thursday, March 27, 2014 3 06 PM To: City Council Cc: Roger Lubovich Subject: FW Timeline for Hearing Examiner Actions (Mayor Lent) Importance: High Attn Council Members and Roger From: Patty Lent Sent: Thursday, March 27, 2014 11:58 AM To: City Council Subject: FW: Timeline for Hearing Examiner Actions Hello Lori, Could you see that each council member receives the process involved with code enforcement when using Chapter 104 Could any tweaking be done with this ordinance? Thank you, Patty Lent _ ...... ......... . _ ........... ... -- ........... ............ ...._....._.... ... ... ........._ .. From: Janet Lunceford Sent: Thursday, March 27, 2014 10:38 AM To: Patty Lent; Andrea Spencer Subject: Timeline for Hearing Examiner Actions Based on my usual practices, the timeline for taking a case to the Hearing Examiner is as follows 1. Initial inspection and letter 1 week, with 2 weeks to comply 2. Reinspection and Correction Notice 1 week, with 2 weeks to comply 3 Remspection and Notice of Violation 1 week, with 2 weeks to comply Notices of Violation must be issued the first week of the month to provide the required notice to the violator for the hearing, which is held on the 4`" Monday of every month. If the NOV cannot be issued during that time, it must wait another month for a hearing, which adds another 4 weeks to the timeline In addition, Chapter 104 requires that violators be given an opportunity to correct the violation, thus cancelling the hearing and potential fines. If someone called and told me they had stopped outdoor feeding and invited me to their home to inspect, it would be a simple matter of moving the food inside until I've been there, verified compliance and cancelled the hearing, then they can put the food back out with no fine imposed Of course, if I get another complaint, it would then be a "repeat violation" and the hearing would not be cancelled even if they comply, but that's another 6 weeks of time 1 From: City Council Sent: Wednesday, April 02, 2014 9'37 AM To: Faye Flemister Subject: RE Citizen Concern - Item 6(A) Raccoon Problem (Faye Flemister) Ms Flemister, Thank you for your letter expressing concerns about increased raccoons in your neighborhood, which will be provided to the Council Members for their review and consideration. A copy of your letter will also be included as a part of the record in support of the proposed action under Item 6(A) It is appreciated that you took the time to contact the City Lori Smith Legislative Assistant Bremerton City Council (360) 473 -5280 From: Faye Flemister [ mailto :faflemisterlCabgmail.com Sent: Tuesday, April 01, 2014 8:21 PM To: City Council Subject: Raccoons Mr. Wheeler /City Council Members, I want to inform you that there is definitely a increase of raccoons in my neighborhood(Snyder Ave) mostly in our yard..... entire families using our yard to travel through and they are becoming less afraid of us and more bold and defiant. I am concerned about this because we soon will be having our first Grand child and we use our yard and back deck frequently doing the warmer months. These raccoons are not dust out at night they are rising our yard during the day as well. We would really appreciate having this issue addressed and brought under control A support any method that will bring some measures of control to this issue, fines, capture etc. Respectfully Submitted Faye Flemister Business Owner Face Flemister Moving Forward i (O March 30, 2014 T0: Bremerton City Council IRKEWED pill (0916L om(EL )ATE .� / 3��� Mayor Lent / - FROM: Judith Friedberg -Nerf CC Mayoe- G /wk 1600 Madrona Point Drive Bremerton, WA 98312 SUBJECT: For the Record Testimony In Support of BMC Ordinance 7.15 Revision 1 am a Bremerton resident and homeowner in District 7 and I am submitting this testimony, photos and documents in support of the proposed revision of BMC ordinance 7.15.. REQUEST: 1 wish to express my support of BMC ordinance 7.15 revisions as proposed by Councilman Younger, and I urge Council to approve and adopt the proposed changes. Further when adopted, I urge consistent enforcement of this revised ordinance, and urge Council to direct whatever City resources exist, or can be created, to fund and appropriately train a City staff person so the code will be fully and properly implemented You have in your hands an opportunity to help educate members of our community about the benefits of NOT FEEDING RACCOONS and other wildlife. You also, in my opinion, have an obligation to assist citizens by enacting and enforcing a strong ordinance to curtail some living among us from willfully creating conditions that both spawn nuisance animals and result in endangering neighboring property and human health and safety. All of these issues are elements in improving "quality of life" in Bremerton. Please take action. Pass this ordinance. Educate the public. Enact strong code enforcement Give citizens an effective, singular path for reporting and obtaining assistance related to human /wild animal encounters and conflicts. Assign someone within the City to be a central contact point to receive, investigate, coordinate and bring closure and resolution to citizen complaints Establish written, accessible record of complaints and resolutions. Adopt appropriate guidelines that enable raccoons and people to co -exist without conflict and damage. Engage USDA officer to provide support services to City and utilize this consultant to appropriately advise and train City contact person. Hold violators accountable. Respectfully, BACKGROUND: Animal Presence About two years ago my husband and I began to observe that raccoon presence on our property had significantly changed from an occasional sighting of one or two animals passing through our yard, to a nearly daily presence of groups of raccoons lingering on our property. Sightings increased during daytime hours, and we began to monitor large groups of raccoons gathering on our property - in some cases the number of animals at any one time, in any one group, was in the range of 642. Large numbers of animals congregating and lingering in human environs signals a change in natural wild animal behavior. Wildlife biologists advise that when humans feed or allow raccoons to feed that natural wild animal behaviors and patterns are typically irreversibly altered to the detriment of both animal and human. And that withdrawal of unnatural food - sources- like outdoor pet food bowls, open food -scrap compost piles - tan create aggressive animal behaviors leading to adverse human / raccoon interactions. My husband and 1 became aware that neighbors were feeding raccoons. We asked them to stop. We reported aggressive animal behavior and property damage. Feeding continued. In addition to increased raccoon presence on our property, we now have numerous rats present during night time hours. As we trap these rats we observe raccoons coming onto our property, eating and carrying away trapped rats. We sought help from the City about outdoor feeding of raccoons. After numerous calls, and encountering no one who knew an ordinance existed, l contacted Kitsap County Health District Although the Health District does not deal with raccoon issues, they agreed to make a site visit to determine whether a public health problem existed. In preparation for that site visit, the Health District representative contacted Fish and Wildlife to discuss our reported problems. DFW advised that because animal behaviors had become aggressive that a trapper would be necessary, and made a USDA trapper referral. Health District representative arranged for trapper to attend site visit.. City Attorney then made contact advising there is an ordinance and arranged for Animal Control officer to attend site visit 1 had previously contacted Animal Control and was advised they did not deal with wild animal issues. However Attorney advised that Animal Control was to assess situation and was responsible for issuing citation if required. Animal Control officer did not show for site visit, but 1 was told that sometime later he made a visit to the neighbor who feeds raccoons. No Animal Control case was opened, and no report was filed. There is no record of Animal Control visitation to neighbor who feeds raccoons. 1 do not know if Animal Control agent ever communicated with USDA trapper nor do I know whether Animal Control agents have training in assessing a property for evidence of unnatural raccoon presence or to evaluate property damage associated with such. Scheduled site visit revealed extensive raccoon presence and significant property damage, and USDA officer advised trapping was only solution, that, and that outdoor feeding needed to stop. Health District representative brought an informational letter and gave it to neighbor who feeds raccoons. Health District agent gave me a copy of the letter along with permission for me to copy and distribute in neighborhood. Before I could complete distributing letters to neighbors, I began to receive anonymous harassing phone calls regarding information contained within the Health District letter. We hired trapper; 23 raccoons were trapped and removed from property. Trapper and Fish and Wildlife agents all advise that problem cannot be remedied by trapping alone - that unless the outdoor feeding stops, then animals will continue to come, damage will continue, and the problems will perpetuate. I wish to note that we attempted a second time to utilize Animal Control for the same problems. In June, 2013, our trapper advised that unless the City ordinance about no outdoor feeding of wildlife was enforced, he would be unable to continue trapping services since trapping while feeding continues serves no purpose. Fish and Wildlife concurred. I again contacted City officials for help and City code enforcement officer arranged for Animal Control to communicate with me. I described our continuing raccoon problems, was advised 1 needed to submit a written complaint, which I did. The complaint form is not compatible with reporting problems associated with feeding raccoons outdoors. Attempts to adapt the form to the circumstance - that of an ongoing process involving neighbor feeding raccoons outdoors - required a narrative addendum. Additionally we attached photos showing raccoon feeding, and a map of the feeding location. It took approximately 6 weeks for steps in this process to play out Before Animal Control agent received our complaint form, he made a site visit - but to a wrong address. Persons living at that address are related to the neighbor who does outdoor feeding. By the time Animal Control corrected their error, the neighbor who feeds had cleaned up the feeding area. When Animal Control officer made a site visit to correct address, the neighbor claimed "doesn't feed ". Animal Control officer reported raccoon prints were visible and that pet bowls were outside. However he communicated back to City Clerk for final instructions and apparently was told "... don't issue citation ". The neighbor has since built a barricade which blocks visibility of feeding area from view. There is a case number for this second attempt to use Animal Control process, however, the process failed to address the on -going problem, and we continue to grapple with on -going animal presence, property damage and active latrines. Animal Behaviors We observed on numerous occasions that when more than one group of animals encountered another, each group exhibited growling, hissing, screeching snarling and snapping behaviors towards the other. Raccoons exhibited no fear of human presence, and they became increasingly more bold by not retreating when we attempted to shoo them away - daytime hours and at night Raccoons approached and growled and hissed at times when were present in the yard. Animals accessed our roof and awakened us at night - repeatedly Prompted by sightings we discovered 7 -8 active raccoon latrines in various locations on our half -acre property. Two of those latrines are on sloped trunks of trees on our hillside and remain active today. They are inaccessible for cleaning and produce a horrid stench. These trees overhang raised food garden beds, and we are concerned the vegetables may be contaminated by raccoon feces dropping from above. Cleaning a latrine requires masks and gloves. The volume of feces could be measured in gallons, and contaminated debris at a heavily soiled location can at times exceed 2 -3 garbage bags of 13 gallon capacity. Raccoon Damage to Property Shredding /tearing swimming pool cover and yard maintenance supplies like leaf nets and tarps; Animal claw marks on metal fence posts surrounding pool; Ripping open bags of garden soil and yard /garden waste, Ripping interior features and dislodging thwart of canvas boat and urinating in boats and on boat covers, Animal footprints on hottub, automobiles, yard furniture; Establishing burrows /nests under native vegetation on hillside; Overturning garden furniture, ornamental potted plants; Establishment of animal trails, displacing and destroying protective soils and ground cover; Prosy Modifications Kitsap County Health District, USDA agent, Washington State Department of Fish and Wildlife agents, and City of Bremerton website (at one time) advise using Washington DFW pamphlet "Living with Wildlife - Raccoons" as a source of information for citizens experiencing problems associated with raccoons. This pamphlet provides a tiered strategy for dealing with nuisance raccoons: 1) public education, 2) strategies for discouraging wildlife from lingering on property - eg. noisemaking, lights, scents, 3) exclusion strategies for property owners to do - eg: building and structural modifications, vegetation modifications, exclusionary devices, and as a last resort, 4) trapping and euthanizing animals. My husband and I have followed virtually every recommendation listed in the "Living with Wildlife - Raccoons" pamphlet We have spent a substantial amount of money trying to remedy the problem caused by outdoor feeding of raccoons. We have exhausted all means available to protect our property. It is my hope that Council will adopt "Living with Wildlife - Raccoons" as a practical handbook, and comb through the document so as to align BMC with all recommendations contained in it Attachments Photos Copy of Animal Control Complaint Form Copy of Health District informational letter 4 w Z _ s � 7 41* i j ICA "Yw7 . ��'' ;N� \I•�' �Q�r O �,' .i ..; °P •J �Go '.;. �: •�., 4t '�.r � ,. II ,41 � -. , ' :��;�5.. •�!., a a r- �','' u ''• Il ' • .+ . � !j � � �t1 r , '!� - � +L 1 1 f •Y�. 1 if s., t k i4z kh IN Y � ^ f r • 1 I i , �yJ a .X' � a I w ,x 4 4 �,, �' J r .6 1 ��47 , J"v! • .N 7 K w f � .j•� � �''i' � ' � , t'� / JI:i�,Y � i•�� 4 :.� Yti �F •I "7� ''�°""''� y � j �1��A� ' K �r 4 �0� t'. '� ': �'! f• { t���u�r� t 1' `>y4 t r • � '',?�'+ ,Y r • ' > ! -/'/� / p I L �1 ����r - Q�l L , 1, -• � a 1' ,J .., � 4 , ` � � 1. 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I N 4�0 S. - 7 v 41 \/�/ � i \ .. � . � � �•- f � ! , 1 1 "1 ' r Tol� 'r AN, X W i f �r ,\ � Lll t �9�7, / l� "� � �, rt �°�44 -^ r{�r '' g \. : L - fA PC r 5 _ VJ y j. 0 p ► r � � .� �:' yam;_' Feeding Brings Rats Raccoons Eat Rats / A d / \ f . AN- �,{� e 4 w i Mll -- - _._ - �'[�`'•['. ?C� \� /r %�:i •iS\ � �., _..���� ���::�`� ..'1��/�.1.�f[�. i ) ,y L�:.'R�a .:.A �7 } �J',� f p yf4 �Ir � Z ♦ � 'G�� r_/ l'f, i � J��� \�F�i :N ..'� 1 fi �1����/a trt r,-'i- a��'•?5 ri�r r�� ".ttA`.G�'. -r c1�"I 'r �x'xit � 4 _ �.•'� _ tc a r O gg - .f > ,>_ -,� ���a" � � i y� ' y � � _'�L{�"'1 � �' 1f �„5/; ~• s � >"� _.ct�v > v jr 'w tom. 'C�.L ; °2 -ic-. �"',V+-'t�„ �1i1` -.rt r °t"` < � vt!r "�4'i f .. Y {./.- yJ.r;W �tJ d J , y� n�c. Y�7T r ,. 1' � �� �.1�,ryxt.Ar�"rv, -J �< T5 i I s `� - c am z ado y `4`y ✓ `S< ��c _ f a :4y7x�• ��+r.4!_`� r �o ii � rl 'S"2 � � t ��` y _ i'�fVcr^�i.+xi���[. t r 'rs`� t �� ✓� �� � �U���v � 1 ���T{,��s �� �\ a�d 'Y a �� fir. t .K >r�,'�iy_ !� .. ♦ �� 'f 2r 4 � L 1 � ` y�`���`t� '.�n��+.r j'; ,�.•r < ' S . ,�y5�s�1.�r fc *y �' y�,i; l- it \mss ��t+ -cy 1\ r� � a 1 J. Y vt_ "f'r � ;,,�".� \�•�;, "`'�, '`. "� "} �scti�4' �r� .`z `�4 �I"� � :�.�_�.,_' ,�,t if f �� ,.� y�� Kitsap Animal Rescue And Enforcement 9167 Dickey Road NW, Silverdale, WA 98383 * (360) 692 -6977 * Fax (360) 698 -9668 INVESTIGA TI VE STA TEMENT /DECLARATION Please read this cover letter before you complete the attached forms. Keep this cover letter for your records. Instructions/Warnings. f. Legal Statement J. Corti taint. Any statement made in writing or *verbally to a sworn Washington Animal Rescue Officer constitutes a legal statement which supports or refutes a e6riiplaint made against ari6ther per86ri(9) See 911 b Statement. Any statement made becomes part of law enforcement investigative record and is subject to public disclosure law(s) See 42d c T ruth. Any statement made to a law enforcement officer that is knowingly false shall be referred for prosecution under RCW 9A 76 020 (obstruction) and is a gross misdemeanor punishable by not more than $5,000 and/or 365 days in jail 2 lnvestlgatron a Process. This investigation is open- ended, meanmg that there are other documents /statements and information used in the course of preparing a case Complainants are advised that the accused in a complaint may be asked to respond to any allegations made against them or their animal(s) Once an investigation is complete, legal action through the courts, if appropriate, is initiated Officers will not call you with updates b Charges. Any applicable charges, assessed from infractions, Misdemeanors or court ordered removal/disposition of an animal becomes ajudgment of the court system and must be appealed in a timely fashion Felony charges are instituted through the Kitsap County Prosecutors Office c Court. Any appeal of chargeable offenses issued by Kitsap Animal Rescue must be made to the court of jurisdiction prescribed in the charging document or citation. You may call Kitsap Animal Rescue for updates; officers will not call you unless more information is required. d RecordS. All statements made verbally or in writing to Kitsap Animal Control are subject to subpoena by the court if applicable jurisdiction or its officers Other law enforcement organizations may be Given Kitsap Animal Rescue case file documents upon bona fide request e. Time Limits. Investigations have no time limitation due to the variance in complexity and seventy of owner /animal actions However, inactive minor complaint case files are normally kept for two (2) years and more serious cases are kept indefinitely 3. forms. B. I nyestioatiye Statements. All forms must adhere to the following requirements (1) They must be as complete as possible If you leave a box blank, please state your reason in doing so (2) They must be as factual as possible See 1, © above They must be based on first -hand observation, not the word/opinion of others (3) Use pen or marker only, no pencil (4) Put additional information on additional sheets of paper, if necessary (5) Print or write as legibly as possible (6) Put maps /diagrams on separate sheets of paper (7) Photos or other documents cannot be returned, so copies are acceptable (8) Make only copies of completed forms It is unlawful to copy /use a law enforcement document for purposes or by persons other than instructed or intended (9) They must be signed and dated (10) They must be returned within fourteen (14) days of receipt to be considered timely in a current investigation (11) ' Statements made verbally to an Officer may require you to put in writing before a citation may be issued Kitsap Animal Rescue And Enforcement 9167 Dickey Road NW. Silverdale, WA 98383' (360) 692 - 6977 " Fax (360) 698 -9668 DECLARATION (READ INSTRUCTIONS /WARNINGS BEFORE COMPLETING) Case #: Officer. Statement of (check one): Subject: Victim: Witness: Complaint _ "Other" (police, fire, medical, etc) Please be advised that your testimony /statement may be needed if court action is pursued. Please be advised that while every effort to keep confidentiality by this agency, complete confidentiality cannot be guaranteed in court or in an appeal hearing to the Hearing Examiner. Name: Gender: M F Last First MI circle one Permanent Address: Street/Apt # City County State Zip Phone(s): Work( ) Home ( ) Date of birth* 'Are you requesting Kitsap Animal Rescue to take legal action Initial _Yes _No? Requesting legal action does not mean legal action mrill be taken `A re you willing to testify in a court of law to this information I mtial _Yes —No? "This is required for us to take legal action. Date(s) of incident (Month/Day /Year) Tinte(s) of incident- Place of incident Incident Property Private Y/N Public Y/N Public Property owned by Private Property owned by. Last First MI Public Property owned by Victim Status Invited Guest Y/N Pedestrian Y/N Utility Worker Y/N Delivery Agent Y/N Solicitor Y/N Police Officer Y/N Neighbor Y/N Stranger Y/N Other Y/N Animal Description (complete for each animal if known): Species Breed Sex Color(s) Tad (long/short) Name (if known). Collar Y/N Color Tags) (describe) Other identification (describe) Was your animal involved? Please describe your animal Name Color Age Breed Your pet's License Number. Year it expires PLEASE READ THE INSTRUCTIONS/ WARNING SHEET ATTACHED BEFORE FILLING OUT THISSTATEMENT. Animal Owner Name Last First MI Animal Owner Address Street/Apt R City County State Zip Animal Owner Phone(s) Ilome ) Work. Photo(s) Available )/N Included Y/N Documents/Information Y/N Included YIN Other person(s) who might have important information concerning this case /incident Name Relationship to case/incident Last First MI Address Street/Apt # City County State Zip Phone(s) Work 1 I lome ( ) You may attach maps, drawings, medical records or any other documentation as needed Photos, videos or audio tapes will not be returned Please draw no maps or write on the sides of this declaration. Describe to detail ONLY what you witnessed or can declare to be true about this case/incident If more space is needed, attach additional pages including the case # if known Narrative. I hereby certify or declare under penalty of perjury under the laws of the state of Washington that the foregoing and /or attached are true and correct, to the best of my knowledge and belief. Date (Signature of complainant/witness) Date (Signature of Parent or Guardian if under 18 years of age) Place signed'-City/County-/State 345 6th Street, Suite 300 KITSAP PUBLIC Bremerton,WA 98337 HEALTH DISTRICT 360- 337 -5235 October 12, 2012 RE: AGGRESSIVE RACCOONS IN THE MADRONA POINT AND SURROUNDING NEIGHBORHOODS Dear Resident: The Kitsap Public Health District (Health District) has been made aware of a problem with aggressive raccoons in your area. This situation has arisen because they are being fed by at least one person in the neighborhood While the person, or people, feeding the raccoons may have good intentions, this has resulted in a situation in which the animals have come to expect being fed, have increased in population, and have become increasingly aggressive To protect human health and safety, the animals will be trapped and euthamzed. The Health District would like to provide some suggestions that may help to prevent a recurrence of the problem, hopefully preventing the need for future trapping and euthanasia of wild animals. The most critical recommendation is to prevent wildlife from gaining access to any food sources. Some of these sources include, but are not limited to: household garbage, pet food, fallen fruit, produce from gardens, and even small pets and livestock In addition to preventing access to food sources, you may consider employing strategies to restrict raccoon access to your property, trees, homes, and gardens. "Living with Wildlife: Raccoons" is a fact sheet that can be found on the Washington Department of Fish and Wildlife websrte. This fact sheet is highly informative and provides strategies and instructions on how to prevent raccoons from accessing your property or property features such as gardens, buildings, and trees. The "Living with Wildlife: Raccoons" fact sheet can be found at http / /wdfw wa eov /living /raccoons html It is truly unfortunate that these wild animals will be euthanized. The Health District wants to make sure that information on how to prevent human - wildlife conflict is available and encourage everyone to take steps to reduce conflicts. The keys to preventing human - wildlife conflict are to prevent access to human - supplied food sources and to make residential areas uninviting to wildlife through the use of deterrents. Please feel free to contact me if you have any questions. Sincerely, Daydra Denson Environmental Health Specialist Solid and Hazardous Waste Program 360 - 337 -5607 phone 360 - 475 -9275 fax daydra.denson@kitsappublichealth.org kitsappubl ichealth.org Print Page 1 of 1 Subject: RACCOON ORDINANCE AND ENFORCEMENT 2 APRIL 2014 From: HELEN MILLER (helegeor @prodigy.net) To: helegeor @prodigy.net, Date: Wednesday, April 2, 2014 12:06 PM GOOD EVENING,THANKYOU FOR THE OPPORTUNITY TO RECOGNIZE THE TREMENDOUS EFFORT MADE BY OUR COUNCIL MEMBER ERIC YOUNGER,THE PRESS JOSH FARLEY,AND LOCAL CITIZENS TO EDUCATE THE PUBLIC ON THE DANGERS OF FEEDING WILD ANIMALS PARTICULARLY RACCOONS.THEN TO CREATE A CITY ORDINANCE WITH PENALTIES AND CONSEQUENCES FOR VIOLATING SAID ORDINANCE, COUPLED WITH STRICT ENFORCEMENT WHICH ISTHE KEY TO SUCCESS. MY NAME IS HELEN MILLER, RESIDENT OF WEST BREMERTON, SPEAKING FOR OURSELVES,SEVERAL NEIGHBOURS, BUSINESS PEOPLE AND FRIENDS WHO ALL HAVE HORRIBLE STORIES TO TELL,OF HAVING BEEN THREATENED OR ATTACKED BY RACCOONS,HAVE SUFFERED COSTLY DAMAGES TO PERSONAL PROPERTY,EXPENSES FOR TRAPPING AND REMOVAL OF ANIMALS,HAZZARDOUS CLEANUP OF RACCOON LATRINES WHICH IS VERY EXPENSIVE IF YOU CAN FIND SOMEONE TO DO THE ]OB.THERE HAS BEEN A HUGE INCREASE IN THE RAT AQND SQUIRREL POPULATION WITH THE ENDLESS SUPPLY OF FOOD PROVIDED DAILY. THIS BRINGS ME TO MY MAIN CONCERN, WHICH IS THE PUBLIC HEALTH THREAT, ESPECIALLY TO SMALL CHILDRES, OLDER PEOPLE AND DOMESTIC PETS.RAC000N AND RODENTS CARRY A VARIETY OF NASTY DISEASES,VIRAL MENINGITIS, RACCOON ROUNDWORM LEPTOSPIROSIS,THIS INFECTS PEOPLE AND ANIMALS,WHEN WATER IS CONTAMINATED WITH THE URINE OF INFECTED ANIMALS AND GETS ON ONE'S SKIN CAUSING SERIOUS KIDNEY AND LIVER DAMAGE. BUBONIC PLAGUE IS ALIVE AND WELL IN AMERICA,CASES IN THE LAST THREE YEARS IN COLORADO, NEW MEXICO AND CALIFORNIA A SQUIRREL WAS THE CARRIER OF THE BUBONIC PLAGUE LAST YEAR. THIS WAS CALLED THE BLACK PLAGUE WHEN IT ALMOST WIPED OUT THE POPULATION OF LONDON ENGLAND. WE SUPPORT THE PROPOSED ORDINANCE AND THE ENFORCEMENT OF PENALTIES AND SEVERE CONSEQUENCES FOR THOSE WHO VIOLATE ANY PROVISIONS OF THE LAW.ENFORCEMENT OF THE PENALTIES IS KEY TO SUCCESS RESPECTFULLY SUBMITTED HELEN MILLER ET AFL O, https : / /us- mg204.mail.yahoo.com /neo /launch ?.part... 4/2/2014 From: Christine Grenier on behalf of City Council Sent: Wednesday, April 02, 2014 8 30 PM To: 'Kenneth Mednick' Subject: Citizen Letter - Raccoons & Wild Animals (Kenneth Mednick) Attachments: Ordinance No 5243 - Raccoons & Wild Animals PDF Dear Mr. Mednick, Thank you for sharing your concerns about the feeding of wild animals Ordinance No 5243 was approved at tonight's Council Meeting which included the following language: BMC Chapter 7 15.010 "Violations" (r) Outdoor Feedin¢ It shall be unlawful 1) To feed or allow any domestic or wild animals or birds to be fed outdoors at such times and in such numbers that feeding birds or animals create an unreasonable disturbance or accumulation of droppings on surrounding properties, including public property or 2) to feed or allow raccoons to be fed outdoors at any time " I have provided your letter to the Council Members for their review and consideration. I will also include your letter as part of the record. Thank you for taking the time to provide comments on what has been a sensitive subject for residents Sincerely, Christine Grenier Council /Auditor Assistant City of Bremerton (360) 473 -5280 From: Kenneth Mednick [ mailto:standbyandgoCalaol.coml Sent: Wednesday, April 02, 2014 6:47 PM To: City Council Subject: To Greg Wheeler / Raccoons, Squirrels... 4/2/2014 Dear Mr Wheeler, I know the council has been in discussion concerning the feeding of raccoons in Bremerton I'm writing to voice my concern in the hope that this discussion Extends to include the feeding of other problem animal species as well I'm more specifically speaking to the feeding of squirrels and the very real problems they create I live in the 4'" district Just a couple of years ago we had a severe squirrel problem in our neighborhood, Union Hill 3 neighbors all felt that feeding squirrels was a good idea Others of us knew just the opposite They invade homes, take residence in wall spaces, chew electrical wiring, and prevent the successful cultivation of garden vegetables Once a home has been invaded it is both difficult and expensive to have them removed To clean the wall spaces after their removal requires demolition of the interior walls in the infected areas In my case, there were very real negative consequences in trying to deal with our neighbors Nature has always provided for animals in the proper way Please put an ordinance in place that has some teeth that will protect our homes and property t I hope you'll read my letter or circulate to the other council members Thank you Kind Regards, Ken Medmck P O Box 468 Bremerton We 98337 z AGENDA BILL ?A CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing on Study Session Date March 26, 2014 Ordinance No. 5244 to vacate a portion of COUNCIL MEETING Date April 2, 2014 Adele Avenue at the Bertha Avenue Department. Public Works & Utilities Intersection Presenter Chal Martin Phone: 360.473.5920 SUMMARY: The adjacent property owner has petitioned the City to vacate a portion of Adele Avenue at the Bertha Avenue intersection which lies directly adjacent to their property. This portion of property is not needed for roadway purposes. ATTACHMENTS: 1 Ordinance No 5244, 2 Engineering Staff Report, 3 Exhibit Drawing FISCAL IMPACTS (Include Budgeted Amount): The City will receive $57,365 for vacating and conveying the 5,914 square feet requested by the adjacent property owner and reduce City maintenance responsibility for this area. STUDY SESSION AGENDA: ❑ No Presentation ® Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ® Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5244 to vacate a portion of Adele Avenue at the Bertha Avenue intersection and authorize the Mayor to execute the conveying documents. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 ORDINANCE NO. 5244 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of a portion of Adele Avenue at the Bertha Avenue intersection WHEREAS, the City passed Resolution No. 3213 setting a hearing date to consider the vacation of a portion of Adele Avenue at the Bertha Avenue intersection as a right - of -way, to take public comment or consider written objections to the vacation, and WHEREAS, the adjacent property owners petitioned the City to vacate the right - of -way area, and WHEREAS, the property to be vacated as a right -of -way is owned by the City in fee title an upon vacation is proposed to be conveyed to the adjacent property owner upon payment of consideration for the property; and WHEREAS, fewer than fifty percent of the property owners abutting said right - of -way filed written objections to this action prior to the time set for public hearing herein; and WHEREAS, a public hearing was held with proper notice on April 2, 2014, in the City Council Chambers of the Bremerton City Hall to take public comment or consider written objections to the vacation, and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation, and WHEREAS, the City Council finds it appropriate to reserve certain casements within the area to be vacated; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. Vacation. The portion of Adele Avenue at the Bertha Street intersection, as described in Exhibit A, which is attached and incorporated herein by this reference, is hereby vacated as a right -of -way and authorized to be conveyed by quitclaim deed to the abutting property owner subject to the following conditions: (a) Reservation of casements as set forth in Section 3 below. (b) Payment of compensation of $57,365 00 to the City for the area to be vacated. Upon meeting the conditions above, the Mayor is authorized to execute the quitclaim deed and other applicable documents. 1 Vacation & Conveyance — Portion of Adele Avenue SECTION 3. Reservation of Easements An easement is reserved within the area vacated to CenturyLink for its service facilities and to the City of Bremerton for existing and future utilities. SECTIONS. Vested Rights No vested rights shall be affected by the provisions of this ordinance. SECTION 6. Severabilrtv. If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 7. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of 2014. Greg Wheeler, Council President Approved this day of 2014. PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: SHANNON L. CORK City Clerk ROGER A. LUBOVICH. City Attorney PUBLISHED the day of 2014. EFFECTIVE the day of 2014. ORDINANCE NO. R \Legal \Legal \Ordinances \Public Works & Uulities \Adele Avenue vacation doc 1 ) Vacation & Conveyance — Portion of Adele Avenue STREET VACATION FOR PORTION OF ADELE AVENUE AT BERTHA AVENUE ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: April 2, 2014 PREPARED BY: Gunnar Fridriksson SUMMARY A Applicant: Mahay, L.L.0 109 Olding Road, Suite 200 Bremerton, WA 98312 Location: Portion of Adele Avenue at the Bertha Avenue intersection. BACKGROUND The adjacent property owner has petitioned the City to have a portion of the right of way at this intersection vacated. These portions of property where purchased by the Washington State Department of Highways in 1942 and 1947, so that they are owned in fee title by the City making them Class 1 right of way. RIGHT -OF -WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY • Functional Classification Street N/A • R -O -W Width Varies N/A • R -O -W Areas N/A N/A • Pavement Width 24 feet NIA • Surface Type Asphalt N/A • Curb and Gutter No N/A • Sidewalks No N/A HEARING CONSIDERATIONS BMC 11 20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing These issues and the staff position are' 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position. This portion of the right of way is not currently being utilized for the roadway, nor is it anticipated to be needed. February 2014 Portion of Adele Avenue Vacation Page 1 of 3 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position. The proposed vacation does not conflict with the Comprehensive Plan. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: Vacating this portion of right of way will reduce the City's maintenance responsibility in this area 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position No other thoroughfare would improve circulation in this area. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position. There is no anticipated future public transportation needs. Adele and Bertha Avenues are classified as local streets. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position The applicant for the vacation is the sole adjacent property owner. SHORELINE ACCESS This portion of right -of -way does not provide shoreline access UTILITIES All private utility companies have been contacted. An easement for Centuryt-ink and City of Bremerton will be retained for existing utilities. SUFFICIENCY OF SIGNATURES The applicant is the sole adjacent property owner COMPENSATION February 2014 Portion of Adele Avenue Vacation Page 2 of 3 As this is Class I right of way, compensation is due. The Kitsap County Assessor has a value of $9.70 /square foot for 2014 taxes on the adjacent property Area to be vacated is 5,914 square feet for a total cost of $57,365. STAFF RECOMMENDATION City Attorney, Police, Fire, Engineering and Community Development staff notes no objections to the proposal Staff recommends that this Street Vacation be approved as requested. k S 1 `c C gy' _ Looking SE'ly from north side of Bertha Avenue over vacation area. February 2014 Portion of Adele Avenue Vacation Page 3 of 3 so p99999y,,. EN E. OTT. 8� � � N • �4 0 *4L L ANA S py ' m o. 6d9e o E � L =47.39 R =25.00 , Area to d= 10836'15" — — Vacated be (5914 sq.ft.) 45 97' N 897138" W 0 ' I 2 0 0 I 0 1 A N 83 . 0 ' j N aG -- 1 00 , j N8842'10 "W "��' Radial Eli i� O � 25• Q QG I \1 8 IjTO� h I 8 9P OR Cr► — — N i 2 I POJ'� •f P P � 6 I SCALE 1" O 10 � 2 AES EXHIBIT MAP D BY: q B. J. B.M. R 0. R E 0. CONSULTANTS INC MAHAY LLC DATE: we PIL M 870 • m96I U a 9W • 760 97 -8100 1/21/14 5865 65 AES ,, CONSULTANTS INC. PROFESSIONAL LAND SURVEYORS PO BOX 930 • 3472 N N' LOUTLL "OLD TO\CNE" • SIWERDALE. WA 98383 • 360-6924900 • FA PORTION TO BE VACATED THAT PORTION OF LOTS 7 THROUGH I I AND LOT 33, BLOCK B, OYSTER BAY ADDITION TO PORT ORCHARD NAVY YARD, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 63, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT -OF -WAY LINE OF KITSAP WAY BEING THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 33 WITH A LINE LYING PARALLEL WITH AND 150.00 FEET SOUTHEASTERLY OF THE CENTERLINE OF KITSAP WAY; THENCE NORTH 47 °52'58" EAST ALONG SAID RIGHT -OF -WAY LINE 65.25 FEET TO THE POINT OF TANGENCY OF A 25.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH; THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 108 FOR AN ARC DISTANCE OF 47.39 FEET TO THE POINT OF TANGENCY OF A 300.00 FOOT RADIUS CURVE CONCAVE TO THE WEST; THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 24 0 48'37" FOR AN ARC DISTANCE OF 129.91 FEET TO THE SOUTHEAST CORNER OF SAID LOT 11; THENCE NORTH 36 °24'43" WEST 112.80 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 8 WHICH LIES 69.00 FEET WEST OF THE SOUTHEAST CORNER THEREOF; THENCE NORTH 89 °21'38" WEST ALONG SAID SOUTH LINE AND THE SOUTH LINE OF SAID LOT 33 A DISTANCE OF 45.97 FEET TO THE POINT OF BEGINNING. 1 -22 -2014 seo or e >;. 0 + . ` , A . s .G • 207ss� e g olf AAAA °Aaaanoonoe°0��',e / Z 7 i AGENDA BILL " Its CITY OF BREMERTON CITY COUNCIL • a a a • • • • a a a a a a a • ago ..... a • aaa aaa aaaa• a a a• a• aa•aaa••••aaa aaa• a a a ea a a a••• as ea•••• a•a a•s•a SUBJECT: Public Hearing on Ordinance Study Session Date 3/26/14 No. 5245 amending Chapter 11 25 of the COUNCIL MEETING Date 4/2/14 Bremerton Municipal Code entitled Department: City Attorney's Office 'Transportation Benefit District" Presenter Roger A. Lubovich Phone: 473 -2335 SUMMARY: The proposed ordinance amends BMC Chapter 11.25 entitled 'Transportation Benefit District" to amend the provisions relating to dissolution of the district ATTACHMENTS: Ordinance No 5245 FISCAL IMPACTS (Include Budgeted Amount). STUDY SESSION AGENDA ❑ No Presentation ® Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business O Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No 5245 amending Chapter 11.25 of the BMC to amend the provisions relating to dissolution of the Transportation Benefit District COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 ORDINANCE NO. 5245 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 11.25 of the Bremerton Municipal Code entitled "Transportation Benefit District " WHEREAS, the City Council desires to amend Chapter 11.25 of the Bremerton Municipal Code by amending Section 11.25.050 relating to the term of the Bremerton Transportation Benefit District; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 1125 of the Bremerton Municipal Code entitled "Transportation Benefit District" is hereby amended by amending Section 11 25.050 to read as follows: Chapter 11.25 TRANSPORTATION BENEFIT DISTRICT 11.25.010 TRANSPORTATION BENEFIT DISTRICT ESTABLISHED. There is created a transportation benefit district to be known as the Bremerton Transportation Benefit District or "District" with geographical boundaries comprised of the corporate limits of the City as they currently exist or as they may exist following future annexations. 11.25.020 GOVERNING BOARD. (a) The governing board of the Transportation Benefit District shall be the Bremerton City Council acting in an ex officio and independent capacity, which shall have the authority to exercise the statutory powers set forth in Chapter 36.73 RCW. (b) The treasurer of the Transportation Benefit District shall be the City Financial Services Director. (c) The Board shall develop a material change policy to address mayor plan changes that affect project delivery or the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73 160(1). (d) The Board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). 11.25.030 AUTHORITY OF THE DISTRICT. The Board shall have and may exercise any powers provided by law to fulfill the purpose of the District. 11.25.040 USE OF FUNDS. The funds generated by the Transportation Benefit District may be used for any purpose allowed by law including to operate the District and to make transportation improvements that are consistent with existing state, regional, and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels pursuant to Chapter 36.73 RCW. The transportation improvements funded by the district shall be made in an effort to protect the City's 1 Transportation Benefit District long term investments in its infrastructure, to reduce the risk of transportation facility failure, to improve safety, to continue optimal performance of the infrastructure over time, to avoid more expensive infrastructure replacements in the future and to improve modal connectivity within the City of Bremerton. Additional transportation improvement projects of the District may be funded only after compliance with the provisions of RCW 36.73 050(b). 11.25.050 DISSOLUTION OF DISTRICT. Subject to the provisions of RCW 36 73 170, v- -the Transportation Benefit District shall be automatically dissolved when all indebtedness of the District has been retired and when all of the District's anticipated responsibilities have been satisfied. However, in no event shall the Bremerton Transportation Benefit District continue to exist past six (6) yeaFs &ani the date the °peFlaiien Benef DIStR• t i er ed after April 30, 2020, subject to the p rovisions of RCW 36 73.170 for dissolution 11.25.060 LIBERAL CONSTRUCTION. As authorized pursuant to Chapter 36 73 RCW, this chapter shall be liberally construed to permit the accomplishment of its purposes SECTION 1. Severabi/ity If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. E(i"ective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of 1 2014 GREG WHEELER, Council President Approved this day of 2014 PATTY LENT, Mayor ATTEST- APPROVED AS TO FORM: SHANNON CORIN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of 1 2014 EFFECTIVE the day of 2014 ORDINANCE NO. R \Lcp1'1L.ega1 %FdeslCm t Active FilevTransportation Benefit DtstncQ014 \TBD ExtenstionI doex 2 Transportation Benefit District hf rrna�io� .., s�»'6u1� -eon Exhibit A (: 6/l4 S.dY sess�'Oki to the Bremerton Transportation Benefit District 2014 Work Plan Authorizing Resolution Proposed 2014 TBD Work Plan: Activity Allocation Method 1 Street maintenance crack sealing $75,000 (in- house) 2 Hot - applied street markings $50,000 (contract, supplemented with Street Fund) 3 Slurry seal pilot program $75,000— $150,000 (contract) 4 Large Area Grind and Patch $300,000 - $525,000 ($25k in- house, balance contract) Candidates • Austin Drive • E 11 Perry — Trenton • 11 Street, Adele to Wilbert • Marine Drive (limits ?) • Perry Avenue (limits?) • E 18 Lower Wheaton Way — Perry • Winfield, Lower Wheaton Way— E 18' • Sheridan, Lebo — Perry • Pine Road, Sheridan to City Limits • Trenton — (limits ?) 5 Lower Wheaton Way SO - $250,000 (contract) Budget Target $750,000 rnTctfj'ot� dg's -I�ri bu�( -ed a f 3/Z8//4 S-fvdy Secs; a ?. . C7 Pages) Exhibit A- Proposed Pm List Proled NamalDieaiptrout Est Cost 11th Street; KbP Way to Callow S 4,700 11th Streak Pacific to Highland $ 3200 15th Street Arvon to Henry $ 8,460 1 at Street; Will= to Auto Center Way $ 5,000 1 at Street Auto Center Blvd to Niles S 1,300 tat Sheet Haftrd to Summit S 1,200 1sistrest PedflctaWashington $ 1,700 2nd Streak Washington to end of road $ 700 8th Street High to Venels S 17,500 8th Street Pleasant to Highland $ 1,350 Austin Drive: Map Way to Bridge $ 17,350 Auto Canter Boulevard; Niles to 1st $ 2,800 Auto Center Way. Burwell to 6th $ 13,000 Auto Center Boulevard; Werner to Kann $ 3,550 Auto Center Way; Werner to Kean $ 1,900 Burwell Street PadBc to Washington $ 3 Charleston Boulevard; Cambrian to Callow $ 10,000 E 11th Street Perry to Heyward S 5,500 Farragut Charleston to Callow S 2,550 Halverson; 30th b 31st S 13,000 Magnusson Way; FvAve W to Fir Ave E $ 1,550 Marine Drive; Kb* b Bertha $ 9,000 Naval Avenue; 11th to 12th $ SAW Navel Avenue; tat to Gregory S 11000 Naval Avenue; 4th to 5th $ 3.500 Northlake Way; W KbW Lake b Kdaep Way $ 7,750 Pacific Avenue; lnt tit 8th S 7,260 Perry Avenue. E 17th to Terrace $ 2,250 Perry Avenue; E Highland to Cascade Trail $ 750 Perry Avenue; Holman to E 24th $ 600 Perry Avenue; Terrace to E 1 Oth $ 850 Petersville Road; Sylvan to Clemens $ 5,800 Petarsw7le Road; Windermere to Riddell $ 1,150 Pine Road: Sylvan to NE Eastmark S 4,150 Pine Road; Tara to E 31 at $ 450 Preble Street Leteyette to Ear $ 300 Riddell Way; County Line to Wheaton Way $ 24,500 Sheridan Road; Halverson to Walnut $ 1,150 Sheridan Road; Spruce to Cherry $ 3,500 Sheridan Road; Schley to Bullard $ 20,500 Exhibit A Page 1 of 2 J A- PrOPOW Project Ust Protect Narti�on EeL Cat Snyder Avenue; 24th to 25th $ 2,250 SW Latta Flora Road; Break to Cky LImBs $ 7,800 Slyvon Wet, Spruce to Ahnke $ 4,000 Sylvan Way; Halverson to Peteroville $ 450 TrawAm Beach Road; City Unit to Break $ 4,550 Trenton Avenue; HoylDn to Slone $ 2,000 Washington Avenue; 2nd tD Burwell $ 1,450 Wheaton Way; Campbell to Lebo $ 7,500 subtdal $ 250,900 oontingency $ 48,100 total project budget $ Z Exhibit A Page 2 of 2 Exh ibit A - Proposed Project List Project NomelDiscnption Est Cost 11th Street; Kitsep Way to Callow $ 4,700 S 11th Street; Pacific to Highland $ 3,200 .f 15th Street Arvon to Henry $ 8,450 l let Street Wilkes to Auto Center Way $ 5,000 , f let Street Auto Center Blvd to Niles $ 1,300 , S let Street; Hartford to Summit $ 1,200 , S 1st Street Pacific to. Washington $ 1,700 , S 2nd Street Washington to end of road $ 700 f 6th Street High to Veneta $ 17,500 o6-"e Street, Pleasant to Highland $ 1,350 .s Austin Drive* Krtsap Way to Bridge $ 17,350 , f Auto Center Boulevard, Niles to 1st $ 2,600 , S Auto Center Way, Burwell to 5th $ 13,000 , r Auto Center Boulevard; Werner to Kean $ 3,550 , S Auto Center Way; Werner to Kean $ 1,900 r s, Burwell Street Pacific to Washington $ 3,150 , f Charleston Boulevard; Cambrian to Callow $ 10,000,5 E 11th Street Perry to Hayward $ 5,500 , 6 Farragut Charleston to Callow $ 2,550 0 j Halverson, 30th to 31st $ 13,000 , t Magnuson Way; Fir Ave W to Fir Ave E $ 1,550 , f Marie Dnve; Krtsap to Bertha $ 9,000 / Naval Avenue; 11th m 12th $ 6,500 Naval Avenue; 1st to Gregory $ 1,000 Naval Avenue; 4th to 5th $ 3,500 Northlake Way, W Kitsap Lake to Kitsap Way $ 7,750 t Pacific Avenue, 1 st to 6th $ 7,250 t Perry Avenue E 17th to Terrace $ 2,250 Perry Avenue; E Highland to Cascade Trail $ 750 a Perry Avenue; Holman to E 24th $ 600 Perry Avenue, Terrace to E 19th $ 850 Petersville Road; Sylvan to Clemens $ 5,6001 Petersville Road; Windermere to Riddell $ 1,150/ Pine Road: Sylvan to NE Eastmark $ 4,1501 a Pine Road, Tara to E 31 at $ 450 J Preble Street. Lafayette to Eor $ 300 7,f Riddell Way; County Line to Wheaton Way $ 24,500S Sheridan Road, Halverson to Walnut $ 1,150 Sheridan Road; Spruce to Cherry $ 3,500 Sheridan Road, Schley to Bullard $ 20,500 3 hibit A - Proposed Project List Project NamelDiscnption Est. Cost Snyder Avenue; 24th to 25th $ 2,250 • t SW Lake Flora Road; Break to City Limits $ 7,800 / Syyvan Way; Spruce to Almire $ 4,000 • f Sylvan Way; Halverson to Petersville $ 450 t Tracyton Beach Road; City Limits to Break $ 4,550 , f Trenton Avenue; Hayton to Stone $ 2,900 A I Washington Avenue; 2nd to Burwell (Gb 4, /,t+.) $ 1,450 Wheaton Way; Campbell to Lebo $ 7,500 S subtotal $ 250,900 ' contingency $ 49,100 total project budget $ 300,000 12/3/2013 'Me following is a listing of streets that were crack sealed utilizing TBD funding for 2013: 11 `h street Kitsap way to Callow Ave I V h Street Pacific Ave. to Manette bridge 1 Street Pacific Ave to Washington Ave 2 "d Street Washington Ave to Dead end O h Street Pacific Ave to Washington Ave Burwell Callow Ave. to Pacific Ave El Ith street Perry to Hayward Magnuson Perry to Schley Marine Drive Kitsap Way to Rocky Point Naval Ave 1 I' street to Gregory Way Perry Ave E 17th to Holman Petersville Sylvan to Ridell (west side only) Pine Rd. Sylvan to Sheridan Tracyton Beach Sheridan to Pat Carey Park Washington Ave. 2 nd St to Manette Bridge S TBD LIST w/ FIELD REVISIONS Proposed Final 1/8/13 Project Name/ Field Review Revisions Estimated Discnption Cost 11th Street, Kitsap Way to Callow OK $ 4,700 11th Street, Pacific to Highland Pacific to Marietta Bridge $ 3,200 15th Street, Arvon to Henry Wycoff to High $ 8,450 1st Street, Wilkes to Auto Center Way Auto Center Blvd to Auto Center Way $ 5.000 UtSlFeel, Auto GeRteF Blvd taNdes See above $ 1,300 list Street. Hartford to Summit Hartford to Wycoff $ 1,200 1st Street, Pacific to Washington OK $ 1,700 2nd Street, Washington to end of road OK $ 700 61h 6#1391, High tO V812181a Completed already $ 17,500 6th Street, Pleasant to Highland Washington to Pacific $ 1,350 Austin Drive Kitsap Way to Bridge OK $ 17,350 Auto Center Boulevard, Niles to 1st Werner to 5th $ 2,600 Auto Center Way, Burwell to 5th 5th to Werner $ 13,000 Complete loop - see above $ 3,550 Auto GOR18F Way, 018FReF to Kean. Complete loop - see above $ 1,900 Burwell Street, Pacific to Washington Naval to Washington $ 3,150 Charleston Boulevard, Cambrian to Callow Cambrian to Burwell $ 10,000 E 11th Street, Perry to Hayward Perry to Trenton $ 5,500 Farragu6 Charleston to Callow OK $ 2,550 Halverson, 30th to 31 st $ 13,000 Magnuson Way, Fir Ave W to Fir Ave E Perry to Fir Ave E $ 1,550 Marine Drive, Kitsap to Bertha Candidate for grind and patch as well $ 9,000 Naval Avenue, 11th to 12th 13th to Gregory $ 6,500 Naval Avenue, 1 at to GFege See above $ 1,000 Nava Avenue 41h t^ "t`' See above $ 3,500 Northlake Way, W Kitsap Lake to Kitsap Way Kitsap Way to City Limit (Leber) $ 7,750 Hold - pervious pavement? $ 7,250 Perry Avenue E 17th to Terrace Holman to 17th $ 2,250 R^.^, A venu e S Highland t^ G T-^.. See above $ 750 24tH See above $ 600 R^•^• Avenue T ^"^^^ to " " t" See above $ 850 Peterswlle Road, Sylvan to Clemens Sylvan to Riddell (West Lane Only) $ 5,600 PeleFswalle Read, W&RdOIWIM is Riddell See above $ 1,150 Pine Road Sylvan to NE Eastmark Sylvan to Sheridan (entire segment) $ 4,150 R•^^ Read. -- ^^ In 6 " ^ t See above $ 450 Preble Street Lafayette to Eor ok $ 300 Riddell Way County Line to Wheaton Way yes, west of Wheaton Way $ 24,500 Sheridan Road, Halverson to Walnut Cherry to Perry $ 1,150 Sheridan Read. Sprase -b Cherry See above $ 3,500 See above $ 20,500 Snyder Avenue, 24th to 25th ok $ 2,250 SW Lake Flora Road, Break to City Limits check limits of overlay $ 7,800 Slyvan Way, Spruce to Almaa Spruce to Olympus $ 4,000 Syvan -way, Halvewentepetersvdle See above $ 450 Tracyton Beach Road, City Limits to Break Sheridan to Pat Carey Park $ 4,550 Trenton Avenue, Hayton to Stone ok $ 2,900 Washington Avenue, 2nd to Burwell 2nd to Marietta Bridge $ 1,450 Wheaton Way, Campbell to Lebo Schley to Lebo $ 7,500 $ 250,900 Notes 1 Intersection of Wycoff and 13th is candidate for gnnd /patch 2 Major grind /patch required on Riddel west of Wheaton Way 3 Not listed Cascade Trail/Perry intersection (citizen concern) W TBD LIST w/ FIELD REVISIONS 2013 Work Plan Completed Protect Name/ Field Review Revisions Estimated Discnpbon Cost 11th Street, Kitsap Way to Callow OK $ 4,700 11th Street, Pacific to Highland Pacific to Manette Bridge $ 3.200 15th Street, Arvon to Henry Wycoff to High $ 8,450 1st Street, Wilkes to Auto Center Way Auto Center Blvd to Auto Center Way $ 5,000 Stice Auto G8 Blvd is Nale See above $ 1,300 1st Street, Hanford to Summit Hartford to Wycoff $ 1,200 1st Street, Pacific to Washington OK $ 1,700 2nd Street, Washington to end of road OK $ 700 Completed already $ 17,500 6th Street, Pleasant to Highland Washington to Pacific $ 1,350 Austin Drive Kitsap Way to Bridge OK $ 17,350 Auto Center Boulevard, Niles to list Wemer to 5th $ 2,600 Auto Center Way, Burwell to 5th 5th to Werner $ 13,000 Aute- GeateFAeulewaM,- WemeM04(ean Complete loop - see above $ 3,550 Auto CenteF-Way, WemeHaKean Complete loop - see above $ 1.900 Burwell Street, Pacific to Washington Naval to Washington $ 3,150 Charleston Boulevard, Cambrian to Callow Cambrian to Burwell $ 10 000 E 11th Street, Pe to Hayward Perry to Trenton $ 5,500 Famagut, Charleston to Callow OK $ 2,550 Halverson, 30th to 31st $ 13,000 Magnuson Way, Fir Ave W to Fir Ave E Perry to Fir Ave E $ 1,550 Marine Drive. Kitsap to Bertha Candidate for grind and patch as well $ 9,000 Naval Avenue, 11th to 12th 13th to Gregory $ 6,500 Plow! Avenue, 1 at to Gmile See above $ 1,000 See above $ 3 Nonhlake Way, W Kitsap Lake to Kitsap Way Kitsep Way to City Limit (Leber) $ 7,750 PasiFa Avenae;a6118 61h Hold - pervious pavement? (not a candidate) $ 7,250 Perry Avenue E 17th to Terrace Holman to 17th $ 2,250 o__. Aven E Highl ,_ G asea a T._ See above $ 750 o__. Aven Halm _ E 941h See above $ 600 Pe FFy Avenue - 191 See above $ 850 Peterswlle Road, Sylvan to Clemens Sylvan to Riddell (West Lane Only) $ 5,600 o_.__ _ R ea d, _ _ _ t Rmdd_„ See above $ 1,150 Pine Road Sylvan to NE Eastmark Sylvan to Sheridan (entire segment) $ 4,150 °i-- °m,�.,ad, Tom le E 31x1 See above $ 450 Friable Street Lafayette to Eor ok $ 300 Riddell Way, County Line to Wheaton Way yes, wrest of Wheaton Way $ 24,500 Sheridan Road, Halverson to Walnut Cherry to Perry $ 1,150 Sheridan- Road to4r" See above $ 3,500 Sherrd8A Read, Sehley to Bullard See above $ 20,500 Snyder Avenue 24th to 251h ok $ 2,250 SW Lake Flora Road, Break to City Limits check limns of overlay not needed overlay) $ 7,800 Slyvan Way, Spruce to Almira Spruce to Olympus $ 4,000 Sylven We - H&IveFG0A is Aeterswdle See above $ 450 J Tracyton Beach Road, City Limits to Break Sheridan to Pat Carey Park $ 4,550 Trenton Avenue, Hayton to Stone ok $ 2,900 Washin ton Avenue, 2nd to Burwell 2nd to Marietta Bridge $ 1,450 Wheaton Way, Campbell to Lebo Schley to Lebo $ 7,500 $ 250,900 Notes 1 Intersection of Wycoff and 13th is candidate for grind /patch 2 Major grind /patch required on Riddell west of Wheaton Way 3 Not listed Cascade Trail/Perry intersection (citizen concern) 7 From: City Council Sent: Wednesday, April 02, 2014 9 32 AM To: Faye Flemister Cc: Chal Martin Subject: RE Citizen Concern - Item 7(B) Transportation Benefit District (Faye Flemister) Ms Flemister, Thank you for your letter expressing concerns about funding issues related to the Transportation Benefit District, which will be provided to the Council Members for their review and consideration. A copy of your letter will also be provided the Public Works Director for his review, and included as a part of the record for the Public Hearing under Item 7(B) It is appreciated that you took the time to contact the City Lori Smith Legislative Assistant Bremerton City Council (360) 473 -5280 From: Faye Flemister [ mailto:faflemisterI ftmail.com Sent: Tuesday, April 01, 2014 8:09 PM To: City Council Subject: Transportation Benefit District Mr. Wheeler /Council President and Council Members, I am writing this letter because of the recent action to use funds from the TBD on the Wheaton Way project Having sat on the council when the Transportation Benefit District was formed, one of my main concerns and expectations was that the funds would only be used to repair streets I as well believe that at that time the Council made a commitment to the citizens that we would insure that we would keep the restrictions in place and keep our direction clear. I now believe that the Council has lost trust to some degree from citizens because of the decision to use funds elsewhere If the Council decides to extend the TBD ...it is my hope that with respect to the commitment that was made by previous Council.. the current Council will revisit, re- establish, and maintain a clear path that all funds of the TBD will remain ear marked for street repair. Respectfully Submitted Faye Flemister Business Owner Dace Fleiruster Moving Forward i 7B From: Lori Smith on behalf of City Council Sent: Wednesday, April 02, 2014 445 PM To: 'Katherine Weigel' Subject: RE Citizen Concern - Item 7(B) $20 Fee/Transportation Benefit District (Joe Weigel) Mr Weigel, Thank you for your letter expressing concerns about issues related to the Transportation Benefit District, which will be provided to the Council Members for their review and consideration A copy of your letter will also be provided the Public Works Director for his review, and included as a part of the record for the Public Hearing under Item 7(B) It is appreciated that you took the time to contact the City Lori Smith Legislative Assistant Bremerton City Council (360) 473 -5280 _ _........__._.__� .............................. - - - -- Original Message---- - From Katherine Weigel [ mailto kmweieel(acomcast net Sent Wednesday, April 02, 2014 3 43 PM To City Council Subject $20 License Tab Fee Bremerton City Council, First of all, I find that the implementation of the additional license tab fee on vehicle owners living in Bremerton to be reprehensible This was done by the Transportation Benefit District (Bremerton City Council) with the full knowledge that the Bremerton electorate was overwhelmingly against it It is a very unfair tax. I have five vehicles, so I pay an additional $100 00 per year A neighbor with one vehicle pays $20 00 and another neighbor who uses public transportation and doesn't own a vehicle pays nothing Yet, we all get exactly the same benefits Streets and sidewalks benefit all city residents equally, no matter how many vehicles you own or don't own Personally, I wouldn't mind paying $100 00 if everyone living in the city payed that amount We need to rehabilitate our crumbling city streets and sidewalks However, it should be financed in an equitable manner Instead of doing some actual work and coming up with a fair way of capitalizing this endeavor, the council took the easy way out and bypassed another ballot measure in doing so Was any other method of taxation even considered An addition to everyone's water bill would make more sense. At least it would be much more fair Every residence receives water Another thing that irks me is the revenue from the license tab fee was sold as a way to pay for filling potholes, repaving, repairing broken sidewalks, etc But, now it's being put to use on a very major project, the complete rebuilding of Wheaton Way in Manette 1 Also, I now find out that the TBD is out of compliance with RCW 36 73 160 Where does it all end? The TBD needs to comply with state laws, period The City of Bremerton needs to treat all citizens equally and fairly. Get off your duffs and do your fob and do it properly Joe Weigel 360 - 479 -5116 2 From: Robert Parker <parker @net -nw com> Sent: Wednesday, April 02, 2014 5 09 PM To: Roy Runyon Cc: City Council Subject: LTE regarding TBD Attachments: Bremerton TBD doc Councilman Runyon Attached please find a copy of the letter to the editor I have submitted to the Kitsap Sun for publishing I look forward to assisting the council in straightening the TBD process out so that it becomes a proactive means of funding repairs to the city streets Robert Parker 360 - 377 -6540 office 360 - 377 -2356 fax parker(a)tscnet com t Has Bremerton's TBD Board Gone Rogue? February 2009 Bremerton's City Council formed a quasi - municipal corporation, an independent taxing authority called the Transportation Benefit District (TBD) The new authority, even though comprised of the same Bremerton City Council membership is separated legally from the city. It was sold as a means for transportation improvements within the city borders. A $30.00 tab fee was put on the November 2009 ballot by the TBD and was overwhelmingly rejected with 69% saying no. Fast forward to December 7, 2011, the TBD decided to force the maximum allowed $20.00 fee bypassing a ballot. It appears that after 5 years the TBD board still hasn't complied with some of the state mandated requirements, expenditure reports, and documentation required by RCW36.73.160. This week the council is considering an early extension of the noncompliant TBD until 2020 before the next February expiration. Citizens of Bremerton should be asking where their money has been spent and why the TBD board is not complying with state laws. TBD made promises to citizens and then broke them when city manpower wasn't made available or priorities changed without notice. A $20.00 fee per vehicle has been forced from the Bremerton wallets but an accounting of where this money has been expended or the documentation required by law gets really cloudy. Other TBD boards have purchased separate insurance to cover their activities. No mention of insurance for Bremerton's TBD. Who pays if TBD is sued for noncompliance with the law or broken promises? Robert Parker Bremerton Citizens Advocate t� i i I' I _ t can ,r; l; Y a I 217 1 to Wit • I III 1 •• 1• •1 A INII uxxu nnxwY V111! j no i!'1i fif "i ',:H ")II!: )111IV. A 1'. ..fin•. I NIN 11111 NVIIVII IINV I X1 V . , , x.nuYn /Y •,•)NIM b- nll 1I,1•. 6411 r d � J Ir I� � `7 �1 1 ' /� � e• � sit- . e\ . N: s a_ q./ e 17 78 d i 1 6 Livi We,(( Imagine how it would feel to take control of your health! Are you unsure about how to best manage an ongoing health condition? Are you tired, anxious, frustrated, in pain? Try something new! Join a safe, supportive six -week self- management workshop and discover new, practical ways to live better and healthier. Learn how to. > Control your pain > Use medications effectively > Deal with fatigue, frustration and isolation > Solve problems and meet personal goals s Start an exercise program and increase your energy > Talk to your doctor about your health s Handle stress and relax > Make choices about your treatment )o- Eat well to live well > Be a healthy caregiver Rediscover your zest for living a healthy life in six weeks! The Living Well self- management workshop was developed at Stanford University and has become the proven leader in self- management for people with chronic health conditions Sign up for a workshop in your area and rediscover the life you've been missing. New workshops are scheduled regularly by request. KITSAP COUNTY April 27 -June 1 Every Sunday for six weeks from 1 to 3 p.m. Bremerton Family YMCA 2261 Homer Jones Drive, Bremerton How to register and additional information Contact Healthy Communities Foundation and ask for Living Well registration (360) 786 -8690, ext. 127 Healthy �i Ah physiciansof Communities i t Southwest Washington • ennrtu.a or spurnw .15x1.610. 10.-om. 319 SEVENTH AVE SE, SUIIL 201 OLYMPIA, WA 98501 T 13601 9434331 IOLL FREE 1 877 943 4337 F 13601 7544324 www healthycommunitiesfoundatldn erg This protect was supported, In part by grant number 90 CS00490200. from the U S Administration for Community Lmag, Department of Heath are Human Services. Washington, D C 20201 Grantees undertaking projects under gpyeroment sponsorship are encouraged to express freely their findings and conclusions Paints of view or opinions do not therefore, necessarily represent of6cul Administration for Community Lmng policy Kiwanis Park Hunt Pa Egg ra de E��ents: Egg Hunts Games /Relays Parade Lao -fpm Cookie Decorating Free Family P os 4 Coloring Seed Planting S and more! V Kiwanis Park 5t e. • Bremerton, WA 0 - 3000 PM Saturday April 19, 2014 CITY OF ��