Mercury and PCBs & more contaminants found in well sampling near PSNS; 2nd ADUs allowed per Planning Commission recommendation; Waste Mgmt to repeat in 2021 cart-tagging with info cards, an outreach technique to reduce recycling contaminants that had no effect in 2019; Designated Crisis Responder to be hired by Kitsap Mental Health & contracted by City to ride along with police with powers to legally detain & make instant decisions, e.g., to steer troubled individuals to treatment not jail; huge uptick in building permit fees, $136K so far in 2021 vs. $143K in all of 2020; $200K more collected in sales tax in 2020 vs. 2019. A couple of people ask for pre-pandemic opportunities for public recognition to be restored, no action taken.

3 March 2021 CITY COUNCIL Virtual MEETING MINUTES by Anna Mockler

1. CALL TO ORDER: 5:30 PM

2. CONSENT AGENDA

A. Claims & Check Register

B. Minutes of Study Session – January 13, 2021 (Due to a correction)

C. Minutes of Meeting – February 17, 2021

D. Minutes of Study Session – February 24, 2021

E. Lease & Services Agreement with Pitney Bowes for Mailroom Postage Machine and Inserter

F. Confirm Reappointment of Patricia Iolavera to the Citizen’s Commission on Council Salaries

G. Confirm Appointment of Cristopher Bellini to the Civil Service Commission

H. Accept Interagency Agreement with the Washington State Department of Natural Resources (DNR) for the DNR Beach Sewer Mitigation Project

I. Contract Modification Agreement No. 2 with Parametrix, Inc., for Design of the Ostrich Creek Culvert Replacement Project

J. Professional Services Agreement with Parametrix, Inc. for the Oyster Bay Public Works Facility Expansion Project

The Consent Agenda was adopted unanimously.

3. PUBLIC HEARING

A. Public Hearing on Ordinance No. 5416 amending Section 20.46.010 of the Bremerton Municipal Code (BMC) to allow two Accessory Dwelling Units per Single Family Lot

Allow 2 ADUs per single family lot with one required offstreet parking space — the Planning Commission’s recommendation. Presented by Allison Satter. 35+ comments & testimony in 12/16/20 re Ord 5410; 17 comments re Public Hearing 2/17/21; this is the hearing at which comments provided to Council and tonight’s testimony will be considered by Council in its decision.

Dave Ferguson: He uses his property (all? part?) as Airbnb rental, is disturbed by the proposal that ADUs be only for rentals greater than 90 days.

Dave Kimble comments: Kitsap County is following this closely, hopes Council will lead the way.

I comment that contractors really want clear permitting requirements & that I personally am against rentals less than 90 days.

Wilbur Martin: Code requirements? Stick built, pre fab, manufactured home, but nothing on wheels, per Allison Satter.

Motion to pass, seconded, discussion: Goodnow points out that there is broad support for ADUs, let’s pass the original motion from the Planning Commission. Sullivan: Are all ADUs limited to 90 days minimum rental? Satter: Yes, but Council can amend. Wheat: Thanks all staff, especially the Public Comment Matrix creator (Satter). Younger: Thinks there’s so little participation now because 90% of people only care about getting one ADU and Satter agrees. Younger mentions how many people in his district, which he represents closely. don’t want second ADUs. They moved into single family homes & now they may be living next to 3 residences in every direction. Satter says there are already 10 applications / discussions for an ADU. Younger says no need to rush into this. Simpson: Lauds Younger’s argument, very convincing. While generally in favor of property owner being able to develop their property as they see fit, the comments from his district are split. Warns against unintended consequences. He is torn. He is torn. It’ll be interesting to see how this plays out. Gorman: Wants to proceed with caution, glad of all the robust debate, polled the community pretty well, thanks all the public for all the opinions. It’s been robust, this is what civics is all about. What’s our population expected by 2036? Satter: another 13K people. Gorman – we’re having an affordability crisis because we’re not building housing. This town was basically built by 1950, when US population was 150 million. I support the motion. Vote: Simpson, Younger, Sullivan all vote no, Gorman, Goodnow, Daugs, Wheat vote yes. Motion carries.

4. GENERAL BUSINESS

A. Approve Waste Management 2021 Citizen Outreach Program

Plastic bags in recycling can’t be recycled by Waste Mgmt. Trucks have to regularly stop to untangle them from moving parts. Other contaminants include food, styrofoam, yard debris, furniture, clothing, electronics & batteries. In 2019, Waste Mgmt put cart tags on recycling bins, set up a booth at Farmer’s Market, made a BKAT video interview. (How well did that work?) For 2020, they reached out to businesses to encourage new recycling service at no add’l cost. For 2021, cart tagging again, and WM eConnect virtual presentation. I asked if they’d observed any reduction in contaminants after the 2019 cart tagging; Hannah Scholes said they had not. But they had worked in Snohomish County. (what’s the proportion of owners to renters in Snohomish? Ours is 40 / 60, pretty high.) Simpson: A free people must be convinced, not coerced, just another reason that private companies are better than government, because they do outreach instead of writing rules. Gorman: Years at SPU and Seattle City Light have convinced him of the need for outreach. Vote: Motion passes unanimously.

B. Professional Services Contract for Kitsap Mental Health Services-Designated Crisis Responder (with substantially the same terms as in the past).

Capt Ray Plumb presents: This is the topic discussed at two study sessions, in conjunction with Mental Health Navigator discussions. The DCR can legally detain, whereas Navigator can not. KMH weighs in to say that too. Kiaha Long weighs in to urge this as a DEFINITE position where diversity is needed, and representation can matter in confrontations between law enforcement and individuals. Plumb says that this position will be hired by KMH, City of Bremerton is only contracting this one. Discussion: Daugs – this is vital to the community, and diversity hiring could help (I think, sound garbled). simpson: value added program, etc., etc. Wheat asks KMH to expand on this position’s importance. Philip Hernandez and colleague explain that police don’t have to take their advice, but they generally do — divert, get the individual to the ER or other emergency care. Wheat asks KMH to expand on the importance of diversity. Hernandez explains how just his being in his position has made a difference that has rippled out and this position will help more people if it reflects City’s diversity (my phrasing). Sullivan: When an individual is in crisis, that individual is not thinking well. [Really could not follow the rest: she explains what happens when a person in mental crisis encounters law enforcement, I think. “The person does not get a moment to reflect” if there’s no aftercare when individual is taken to ER, released 1/2 hour later, so KMH’s participation will be great. Gorman: Supports teaming BPD officers with mental health professionals. Vote: Motion passes unanimously.

C. Approve Water Resource Inventory Area (WRIA) 15 Kitsap Watershed Restoration & Enhancement Draft Plan for Submittal to Department of Ecology

Presenter: Environmental Technician Teresa Smith (our rep at the Committee that produced the WRIA). “Stream Restoration Planning”. Law passed in 2018 clarifies how local govt’s can permit well exemptions for domestic water supply, and offsets those effects through local planning efforts. Many many stakeholders. This project spent hundreds of person hours at state, local, tribal, and many other groups to research and meet. The result? We’re talking about 183.9 cubic acre-feet by 2038 (?) which is not a crazy amount. This is focusing way way down on a small, very small, minute amount of water. Let’s look at impervious surface in Bremerton. Let’s look at the type and quantity of liquids that drain to our aging sewage system. This is not bureaucratic language masking a truly useful project; this is a bunch of stuff that everybody knows won’t happen: meaningful outreach, real monitoring, real standards to assess project implementation. Confirmed with Smith — Eventually this reaches DOE head, who can initiate rulemaking that lacks the force of law [emphasis added], but reflects the united recommendation of the Committee based on expertise and with the contribution of all stakeholders. Discussion. Simpson asks about process. Can’t DOE just say “Nope”. Plan goes to DOE, Smith explains, with whom they’ve been working closely. But can they just say “Nope”? asks Simpson. Smith explains that all indications from DOE are that they won’t. Simpson: Thanks again, Teresa, you’ve put in a lot of work on this and I’d hate for it to go to waste. Vote: Motion carries unanimously.

D. Accept Highway Safety Improvement Project Grant; and Accept Local Agency Agreement with Washington State Department of Transportation (WSDOT) for the Systemic Pedestrian Treatment Project

Presented by Engineering person Andrea Archer-Persons. She uses uptalk. It’s hard for me to listen to. Uptalk plus DOT English mix poorly. Discussion: Simpson asks about 11th & Naval, the traffic signal is ALL the protection we can give pedestrians says Archer-Parsons associate (Shane Webber?). Vote: Carries unaninimously.

E. Contract Modification Agreement No. 2 with Anchor QEA, LLC for the Westside Wastewater Treatment Plant (WWTP) Outfall Sediment Sampling & Study Plan

William Davis presents. high levels of mercury and PCB in a sampling area adjacent to Shipyard. City asked to sample before inlet AND after inlet, before-inlet sampling showed no mercury and PCBs. But it did show elevated levels of [some kind of plastic] ____. City’s plan is to anticipate DOE’s inevitable ruling that will call for more and more specific sampling. It will cost money in the short-run, but will be cheaper in the long run. I ask, is this available as a document anywhere? No, says Davis, it is a summary of my conversation with our consultant who briefed him for tonight’s presentation.

Simpson asks about process. Davis explains the process again. Vote: Carries unanimously.

5. MAYOR’S REPORT

We made $400K more in 2020 from sales tax than we did in 2019: $10,054,994 vs. $9,603.462. A lot of this is from sales tax on Amazon and other delivery services; more is from new tech population & others working from home. In 2020, we made $143.4 million in permit fees; $136.5 so far this year [emphasis added]. Next slide literally credits “my administration” with distributing a ton of money, utilities cut off moratorium, waived late fees for small businesses, etc. We converted in one week into a completely remote working environment. He lists more of his administration’s accomplishments.

6. PUBLIC RECOGNITION

I ask that Public Recognition be restored to its pre-pandemic position at top of Agenda because it places an undue burden — it’s 7:30 pm now! and because it prevents representation; was pleased to hear Councilors Younger, Simpson, and Gorman mention their connection to constituents for this reason. Also, please change Webinar Zoom to full photo-required Zoom. We can’t see who else is around as we could in-person. Finally, would be helpful if public input could follow Council discussion on Agenda items, as they have read the packet in full & ask informed questions.

Kiaha Long explains why representation of diverse population (i.e., people who are not white men) among law enforcement will calm fears that are based in reality and history.

Gorman says he’ll certainly consider converting Webinar to regular Zoom; nothing about moving Public Recognition back to the top of the agenda. He says diversity is important.

7. COUNCIL REPORTS

Sullivan: Couldn’t follow it. Daugs: Sorry, blog-readers. This was a good speech, but I was too tired to follow it. Wheat: supports my proposed changes. She has an upcoming town hall. Wishes Happy Birthday to Daugs. Goodnow: Wishes everyone a good week, thought Council got through a lot of good work tonight. Simpson: No plaque for John Henry Turpin. Not only the first African-American (his phrasing) chief of [some part of the Post Office]. He was on the USS Maine. Long-time worker at PSNS. This is anniversary of his death, City should put a plaque on post office. [NB: Rep. Kilmer introduced a bill in 2019 to have the downtown P.O. renamed for Turpin. It was so named in Dec 2020.] “We need to remember that tyranny is an illusion, predicated on fear. So please! Do not fear. Our police are members of our community, so please do a ride-along with them, they’re not just clocking people on the head and dragging them off to jail. The police are the community. They’re here because of us. They’re an important important aspect of what government represents.” Younger: South Dakota vs. Wayfair decision in 2018, which let states and localities collect sales tax from remote sellers (etail). He accountantsplains some more. He wants to attend committee meetings remotely but he can’t because his being there would create a quorum, e.g., REAC meetings which is already attended by members Daugs, Goodnow, and Wheat.

8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING and so it came to an end.