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HomeMy WebLinkAbout04/11/01 AGENDA CITY COUNCIL MEETING AGENDA APRIL 11, 2001 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation CONSENT AGENDA 3. A. Minutes of Meeting - March 21, 2001 (#AB01-082) CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT · Information Item regarding Kitsap Regional Coordinating Council Inter-Local Agreement 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION - (Comments limited to 3-minutes) 9. NEW BUSINESS A. Appointment of.John S. Cockburn to the Planning Commission (#AB01-083) B. Sole Source Purchase of Fine Bubble Diffusers and Equipment from the Aerostrip Corporation (#AB01-084) C. Sole Source Purchase of two Sluice Gates from Whitney Equipment to Replace the Existing Corroded Gates (#AB01-085) D. Memorandum of Understanding between Kitsap County Consolidated Housing Authority, Port of Bremerton, and the City of Bremerton regarding Potential Redevelopment of Certain Parking Facilities (#AB01-086) 10. ORDINANACES A. Ordinance No. 4762 (Second~.Provi(tb~forEtected Offid-~ilS' PERS-Participation; - -e tto rraTyC.untr b -a.d ...... 11. RESOLUTIONS A. Resolution No. 2807, Calling for Good Governance; and Scheduling Council Goal & Priority Determinations (#AB01-076) 12. ADJOURNMENT OF MEETING AGENDA BILL BREMERTON CITY COUNCIL APRIL 11, 2001 SUBJECT: FOR AGENDA OF: ORtG!NA-T-ING-BEPT.: CITY, COUNCI-L MINUTES OF MEETING-- ~tARCH 21, 2001 ORIGINATOR: JOHN E. LAW. PRESIDENT DATE SUBMITTED: APRIL 6, 2001 !. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: --NDORSEMENT 1-1 INFORMATION 'l-I APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: /IAYOR COUNCIL PRESIDE ¢/_- . SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION :~ULLED ['1 TABLED [1 APPROVED [] DISAPPROVED fl AMENDED fl DATE: ~OUNCIL DIRECTIVE: 11. AGENDA BILL NO.: ~)/- C~'~,~ , (OVER) I KITSAP REGIONAL COORDINATING COUNCIL o,~ INTERLOCAL AGREEMENT KITSAP REGIONAL COORDINATING COUNCIL THIS AGREEMENT is made and entered into by and between the undersigned members of the Kitsap Regional Coordinating Council, pursuant to provisions of the Inter-local Cooperation Act of 1967, Chapter 39.34 RCW. WHEREAS, the undersigned members recognize the need and desirability to participate in a forum for intergovernmental coordination, cooperation, and consultation among member agencies in order to bring about a continuous and comprehensive regional planning process and efficient service delivery; and WHEREAS, the undersigned members desire jointly to undertake continuous cooperative regional development, land use, housing, capital facility, service, and transportation planning; and WHEREAS, it is the belief of the undersigned members that regional deliberations, planning, and review should be accomplished whenever possible by all jurisdictions affected and should receive policy direction from all local general purpose and tribal governments; THEREFORE, in consideration of mutual promises and covenants herein it is hereby agreed: l. DEFINITIONS: For the purpose of this Inter-local Agreement and all other agreements, contracts, and documents executed, adopted, or approved pursuant to this agreement, the following terms have the meaning prescribed to them in this section unless the context of their use dictates otherwise: a. "Member agency" means any public body which is a party or becomes a party to this inter-local agreement and is a County, City, or federally-recognized Tribal government within the region; b. "State" means the State of Washington; c. "Region" means the territory physically lying within the boundaries of Kitsap County; d. "Council" means the body of local and tribal elected officials designated in accord with the By- laws of the Kitsap Regional Coordinating Council to represent member agencies to carry out all delegated powers and managerial and administrative responsibilities of the Kitsap Regional Coordinating Council; e. "Majority vote" means more than one-half of the votes cast when a quorum is present and must include a majority of votes from County representatives and a majority of votes from the representatives of at least two separate cities. MARY MCCLURE~ EXECUTIVE DIRECTOR 25406 SOUTH KINGSTON ROAD, KINGSTON WA 98346 (360) 377-4900 FAX: (360) 297-7762 Www. KITSAPREGIONALCOU NCIL.ORG Inter-local Agreement March, 2001 Page I of 2 2. ORGANIZATION -- COMPOSITION AND NATURE: The undersigned member agencies constitute the Council: Kitsap County, City of Bainbridge Island, City of Bremerton, City of Port Orchard, City of Poulsbo, the Port Gamble S'Klallam Tribe and the Suquamish Tribe. Management of the Council is structured as provided herein and by the Council Bylaws. 3. AUTHORITY AND PURPOSES: The Council has the following authorities and purposes: a. To provide a regional forum for deliberations and cooperative decision-making by the region's elected officials in order to bring about a continuous and comprehensive planning process. b. To foster cooperation and mediate differences among governments throughout the region. c. To coordinate actions to provide for a sustainable economy and environment for the region. d. To carry out such other planning and coordinating activities authorized by majority vote of the Council including participation in other forums and organizations. e. To provide for administrative services necessary and incidental to the aforementioned Council activities. 4. FINANCING: The Council receives funds from each member agency as provided by the Bylaws and from other available funding sources. The Council may apply for funding of any nature as may become available to assist the Council in carrying out its purposes and functions. 5. FISCAL YEAR AND BUDGET: The fiscal year coincides with the calendar year. The Council adopts an annual work program and budget in advance of each fiscal year that identifies anticipated activities, goals, revenues, and expenditures for completing the work program. A draft work program and budget is prepared by the Executive Committee established by the By-laws of the Council and is submitted for consideration and approval by the full Council. After the Council has approved the final budget it is forwarded to the County for inclusion as a distinct agency fund within the Kitsap County Budget. No increase or decrease to the final budget shall occur without the approval of the Council. 6. WITHDRAWAL FROM AGREEMENT: Any member agency has the right to withdraw from this Inter- local Agreement by giving the Council six (6) months prior written notice. Unless otherwise provided by future agreement, any member agency that withdraws shall remain responsible for its financial and other obligations with regard to Council activities until the effective date of withdrawal and with regard to agreements to which the Council is a party and which exist at the time of such notice of withdrawal. Withdrawal by one member agency to this Inter-local Agreement shall not terminate the agreement as to any other remaining member agencies. 7. DISPOSAL OF ASSETS: Upon termination of this agreement any Council assets, after payment of all liabilities, costs, expenses, and charges validly incurred under this agreement, shall be distributed to all contributing member agencies in proportion to their contribution determined at the time of termination. The debts, liabilities, and obligations of the Council shall not constitute a debt, liability, or obligation of any member agency. KITSAP REGIONAL COORDINATING COUNCIL 25406 SOUTH KINGSTON ROAD, KINGSTON WA 98346 (360) 377-4900 FAX: (360) 297-7762 Www. KITSAPREGIONALCOU NCIL.ORG Inter-local Agreement: March, 2001 Page 2 of 2 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (CONTINUED): 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: TAPE #1759 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES March 21, 2001 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, March 21, 2001, at 5:30 P.M., with Council President John Law presiding. Council members present were Jim Reed, Conrad Esser, Carol Arends, David Farr, Mike Shepherd, Ed Rollman, Cecil McConnell, and Wayne Olsen. Also present were Deputy City Clerk Paula Johnston; Assistant City Attorney David St. Pierre; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation given by Council Member Carol Arends. President Law made the following announcements: 1) A Pre-Council Session was held in the Conference Room to discuss general Council business. 2) There will be series of Study Sessions immediately following the Council Meeting in the Council Conference Room to discuss "Solid Waste"; "Engineering Results of the Pavement Study"; and "Street Maintenance". CONSENT AGENDA A. Minutes of Meeting - March 7, 2001 (#AB01-068) #0035 M/S/C/U (McConnell/Olsen) Move to approve Consent Agenda as presented. (Jim Reed was not available for this vote) CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0055 M/S/C/U (Esser/Arends) On March 21, 2001, the Council does approve for payment those vouchers included and further described as follows: Checks 250227, 250228, and 250240 through 250469 in the amount of $1,152,213.92. Voted in favor of motion: Rollman, Shepherd, Farr, Arends, Esser, Olsen, and Law Abstained: McConnell Motion carried: 7-Yes; 1-Abstention (Jim Reed was not available for this vote) COUNCIL MEMBER REPORTS Wayne Olsen and Cecil McConnell reported on the combined District 1 & 2 meeting held Tuesday evening, and thanked all those who attended. Jim Reed arrived at the meeting at approximately 5:36 P.M. Ed Rollman was pleased with the turnout of over 300 people at the St. Patrick's Parade held on Saturday which was sponsored by the Main Street Association. Mike Shepherd reported on numerous items including his activities as an AWC Board Member, the District 5 Meeting held on Thursday, and how to report earthquake damage to FEMA. Lastly, he discussed a proposed repeal of the City B&O tax and fees, and stated the issues to be looked into further include a waiver of the B&O tax for new businesses, and a graduated repeal of the B&O tax. David Farr enjoyed a Mason Transit commuter service that provides rides for 1200 people between Shelton to Bremerton on a daily basis. TAPE #1759 City Council Reg. Mtg. Minutes March 21, 2001 Page 2 of 4 Carol Arends announced that Charleston Cinemas would provide a series of free movies during the Spring Break. For more information, citizens may check the web site at www.charlestoncinema.com. In response to previous comments made by Mr. Shepherd, she confirmed she is on the Health Board and Transit Board, and has been for the last three years, but clarified that she is not currently a member of the Executive Board, even though she was in the past. Conrad Esser advised the community that along with a burn ban, dumping fees were going to be dramatically increased after this year, so encouraged citizens to take advantage of the lower rates now if they have any planned projects that would require the disposal of materials. He also encouraged members of the community to participate in the annual "Sinclair Inlet Clean-Up" event on Saturday, April 21, 2001 from 11:00 A.M. to 2:00 P.M. John Law acknowledged the efforts of Carol Arends, stating that during her term as Council President she was instrumental in getting things started to resolve the dispute between the Mayor and the Council. He also reported on the District 3 meeting held Tuesday evening; an event hosted by Captain Judith Holden in honor of the Armed Forces Queen candidates; and the Armed Forces Parade sponsored by Joan & Louis Soriano, the Tim Ryan Family, and The SUN newspaper. MAYOR'S REPORT Mayor Horton reported on the Water Festival held earlier today at Olympic College, her stint as Judge at the Crown Hill Science Fair; and discussed the plans currently underway by the City in preparation of blackouts predicted for this area during the summer and early fall. Lastly, she encouraged the Council members and the public to take advantage of any opportunity to talk with our State Legislatures about supporting Substitute Senate Bill 5327, which provided a funding package for transportation, including funding for passenger-only ferry service. The number for the Legislative Hotline is 1-800-562-6000 and the Internet address is http://www, access.wa.gov. Fire Chief Al Duke provided an updated report on earthquake-damage to City buildings. LEGISLATIVE REPORT - There was no report this evening. PUBLIC RECOGNITION Don Larson reiterated his request for the City to apply for landscaping grants to enhance downtown Bremerton and nearby shorelines. Elizabeth Buell pleaded with the City to help him with his ideas. Darryl McDermott also supported these ideas for beautification, but reminded the City to take care of anything that is eventually planted. Vickie Marquina announced that a Latino Carnival with food vendors and live music is planned for downtown Bremerton on July 7th to raise money for education in third world countries. William Marquina encouraged citizens to call their County Commissioners to voice support for the proposed Bremerton/Kitsap County Regional Government Center, which he believed would be vital to the community. 9A - PROFESSIONAL SERVICES AGREEMENT WITH GORDON, THOMAS, HONEYWELl (#AB01-069): Peggy Lesser, Risk Manager, stated that the City needs to retain outside counsel to continue the defense of the lawsuit brought by Henry Mincey against the City of Bremerton. Former Assistant City Attorney Steve Reich handled this action initially, with highly favorable results. TAPE fi-1759 City Council Reg. Mtg. Minutes March 21, 2001 Page 3 of 4 Mr. Mincey is now appealing the favorable judicial ruling, therefore Mr. Reich's services will be required to defend that appeal. In addition, Mr. Reich will transition handling of the Burlington Environmental tax matter to another attorney. There were no comments from the public. #1450 M/S/C (McConnell/Olsen) Move to approve the professional services agreement with Gordon Thomas Honeywell. Voted in favor of this motion: Rollman, Shepherd, Arends, Reed, Olsen, McConnell, and Law Abstained: Farr, and Esser Motion carried: 7-Yes; 2-Abstentions Council President John Law announced the following item was to be added to the agenda: 9B - RESOLUTION NO. 2806 SUPPORTING SUBSTITUTE SENATE HOUSE BILL 5327 (#AB01- 070): The intent of the item is to include discussion with the potential of sending a letter to legislators in support of the Substitute Senate Bill as proposed by the Mayor. There were no comments from the public. #1500 M/S/C/U (Shepherd/Reed) Move to pass a Resolution to proclaim Bremerton City Council support for the passage of Substitute Senate Bill 5327. 10A - ORDINANCE NO. 4761 (SECOND READING) ADDING NEW SECTION TO CHAPTER 2.06 OF THE BMC. SPECIFYING THE AUTHORITY OF THE MAYOR AND CITY COUNCIL IN THF EVENT OF A RESIGNATION OF THE CITY ATTORNEY; AND BUDGET ADJUSTMENT NO. 01-3 (#AB01-067): The First Reading of this ordinance was heard at the Council meeting on March 14, 2001. A letter from Andy Parypa outlining questions regarding this item was read into the record. Due to illness he could not attend the meeting, but requested a verbal response to his questions. (Copies of the letter, along with the responses are available by request in the City Council office at 478-5280). Mr. McConnell established that a "resignation" should not be made equivalent to a "removal". He believed the ordinance should be rewritten to be clearer to the reader, and noted that the word "unless" in Section 1 of the ordinance should be changed to the word "until". Mr. Farr clarified that this ordinance is separate from the settlement agreement, which was only included in the Council packet for informational purposes. #1750 M/S/C (Shepherd/Reed) Move to pass Ordinance No. 4761 on second reading, adding a new section to Chapter 2.06; amending the word "unless" to be replaced with the word "until". Vote in favor of the motion: Arends, Esser, Reed, Olsen, McConnell, Rollman, Shepherd, and Law Vote opposed to the motion: Fart Motion carried: 8-Yes; l-No #1775 M/S/C/U (Shepherd/Reed) Move to approve Budget Adjustment No. 01-3. Motion carried unanimously. TAPE #1759 City Council Reg. Mtg. Minutes March 21, 2001 Page 4 of 4 With no further business, meeting concluded at 6:35 P.M. Council then reconvened in the Council Conference Room for a series of Study Sessions to discuss "Solid Waste"; "Engineering Results of the Pavement Study"; and "Street Maintenance". Prepared and Submitted by: LORI SMITH, Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk JOHN LAW, City Council President City of Bremerton JL/PJ/Is/cge c: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: April 11,2001 Appointmem to the Planning Commission ORIGINATING DEPT: Executive ORIGINATOR: Mayor Horton DATE SUBMITTED: April 5, 2001 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS Application for Appointment ENDORSEMENT ~' INFORMATION APPROVED BY COUNCIL/PA~ESIDENT_...F.~R SUBMITTAL: MAYOR :~'-~ ~- ¢]-,--./-~ COUNCIL PRESIDENT(.~_..~-'-~-"-~/,''' ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COI.~ClL ACTION: There is a vacancy on the Planning Commission. It is recommended John S. Cockburn be appointed to fill the vacancy. 8. RECOMMENDATION: Move to confirm the appointment of John S. Cockbum to the Planning Commission. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVEPD9 AED COUNCIL DIRECTIVE 11. AGENDA BILL NO: t91 '" 083 7 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES AGENDABL APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, arid telephone number will be available 'to the press and public. You will be contecteci any acXi~ is taken on your appointment. (Please type or print clearly} DATE: _ ~_ .~ ~ NAME: ~o~ W ~o~~ , HOME PHONE:~~ HOME ADDRESS: [~t J*~o~ ~ ~~ STATE~_ ZiP CODE ~ 0 OCCUPATION: ~0 EMPLOYER: ~ R~ WOaK PHONE: %~_ ~f~ ...... E-MArC: ~~,~ ~,,~ FAX: ~l~-~ BUSINESS ADDRESS: ~ ~Tc. ~A .~cd~ ~~~ .~ . LOCAL REFERENCES (name & phone number}: ,_ f~ ~,,~ S-r~a, ~ AM INTERESTED IN SERVING ON (please cheek, one or more}: Disability Action Committee ( ) Planning Commission I1B yrs. & olcterl Civil Service Commission(18 yrs. & older) ~,~ Parks & Recreation Commission Urban Forest Committee ( } Ethi~ Commission Public Access Citizens Advisory Committee ~ Parkln~ Advisory Board Community Development Block Grant ( ! Solid Waste Management Advisory Committee ( I Bramerton Housing Authority Youth Council ( ) Board of Appeals, Housing/Building Codes Safe Streets Ilteerlng Committee ( ) Mayor's Select Committee on Law Citizen's Commission on Council Salaries Enforcement ( ) Other this an application for reeppointment?.._~o yea, how many years have you served on this oommissionlcommittee? Please turn page WHICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY FOR THIS APPOINTMENT: HAVE YOU SE.VED ON ANY OTHE" B,EME~TO" ~ARD, COMMISSION.. COMMITTEE OR TASK ro.c; Ir v s, ~o PLEASE LiST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTtVITIEt~, ;RAINING, EDUCATION): · : : ' , ~;.~ , 5, '~' : · .~ , ....... ' ,,~,":" , , ' ",~ , i " "' ~ - NHAT AH~ YO~ ~OM~UNITY INT~RE~ [OOMMITTEE~, OHOANiZATIONS, SPEOIAL ~CTIVITIES)? ~e welcome your willingness to ~erve Bremenon. Please return this completed fora Mayor'l Offi~ (3601 478-6266 239 4'" Strut (360] 478-5883 FAX Breme~en. WA 98337 E-mail: mayo~=i.bremenon.wa.us 10 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Sole source purchase of FOR AGENDA OF: April 11, 2000 Fine Bubble Diffusers and equipment .ORIGINATING DEPT: l Public Works and Utilities from the Aerostrip Corporation. ORIGINATOR: ~fPat Coxon, WWTP Mgr. DATE SUBMITTED: i March 27, 2000 2. CLEARANCES: (Comment on~ac~ ?~ ~~ 3. EXHIBITS:the ~]~:~C~oPrnWey& U ~. -Purchase Aerostrip PriCecorporation.Agreement with the City Treasurer ~'-' ~' c.~C,~urchasing Manager .~~--- Operations Committee ~,~ Fiscal & Budget Comm. ~,),.~)~ ~x. ,7/ ENDORSEMENT fi( INFORMATION/APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNGtL~CTION: The Department of Public Works and Utilities seeks City Council approval to purchase panel diffusers fi.om Aerostrip Corporation as an upgrade to the WWTP's existing aeration basin diffuser equipment in the amount of $72,925.26. This upgrade is needed for the aeration basins due to the existing high power requirements and also the reduced oxygen transfer capabilities associated with the existing coarse bubble diffusers. Aerostrip Corporation is the only manufacturer of this type of panel diffuser. Their product meets our specific needs and will keep construction costs down as existing equipment can be used in the upgrade installation. It is estimated that this purchase can save as much as $50,000 over the life of the project. Pursuant to'BMC 2.76.600(a)(4), the City is not required to seek competitive bids when the vendor constitutes a sole or single source for the product. 8. RECOMMENDATION: That the City Council approve the sole-source purchase of diffuser equipment fi-om the Aerostrip Corporation at a cost of $72,925.26 and authorize the Mayor to execute the contract subject to current City policies and procedures. 9. RESPONSIBLE OFFICIAL: PW & Utilities Director ENFORCEMENT OFFICIAL: Wastewater Manager EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE:~ 11. AGENDA BILL NO: ~) [ - ~) ~/ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Increased power costs Decreased reliability of the aeration basin process comrol Increased liab'flity of City should the WWTP discharge to Puget Sound violate water quality standards Violations of NPDES Permit 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Staffing: None Budget: Funds were allocated through the WWTP Capital Budget Equipment: None 7. RESEARCH SOURCES: 1~70122_1.ab} AEROSTRIP CORPORATION QUOTATION NO,: 200205A PAGE t OF 3 DATE: 3.23.200t TO: Public Works and Utilities, City of Bremerton, WA (Hereinafter called the Purchasert PROJECT: Aeration System Upgrade ATTENTION: Pat Coxon PURCHASER'S KEF,: SCOPE OF SUPPLY: Aerostrip Corporation offers the product(s) per the t'ollowing description: A total of 288 Strip Aerators model T3 with structural components from 316 stainless steel and membrane from polyurethane. B. Fasteners, supports and drop in anchors for tho above equipment to complete an installation per drawing rn9524-02 Material is 316, 304 or 18-8 stainless steel. C. Piping and fittings for connecting to the existing coarse bubble diffuser tees as shown on drawing m9524-02 consisting of: "A inch close nipples from 304 stainless steel, compression fittings for connection to strip aerators and tees, 90 o elbow compression fittings and I-ID?E piping to be cut in the field. D. Spare parts consisting of 5 strip aerators and associated h~rdware, E. Pertbrmance as outlined in hx dated 2.4.2001. F. Field Service consisting of 3 days (1 trip)~ EXCLUDED ITEIvlS: 1. Any components not specifically included in the scope of supply listed above.. 2. Thread lubricants, teflon tape and similar consumables. 3. Equipment Installation P.O. Box 1168, Old Saybrook, CT 06475; Phone 860 388 6686 Fax 860 388 6948 ~ag~ z of 3 AEROSTRIP CORPORATION Quote No. 2~205 TOTAL PRICE: Delivered to site ....................................................................... U. S.$66,904.00 Prices valid for 60 days tbr delivery within 4 months. PAYMENT TERMS: 60 % net 30 upon delivery or notice that the equipment is ready for shipment if Purchaser delays shipment. 25 % upon start-up or ninety (90) days after delivery (or notice that the equipment is ready for shipment [f shipment is delayed by Purchaser). 15 % upon acceptance of equipment, or one hundred and twenty (120) days after deliver3,- (or notice lhat the equipment is ready for shipment if shipment is delayed by Purchaser) if acceptance tests are delayed by other than Aerostrip Colporafion. Payment of final 15 % after one hundred and twenty (120) days shall not imply acceptance of equipment Acceptance is implied after 30 days of operation without formal notice to supplier regarding inferior performance or other problems related to this supply. SHIPMENT: 8 - 10 weeks from receipt of written purchase order. Note that all dates are subject to confirmation at the time of order placement. START-UP ASSISTANCE: 3 DAYS 1 TRIP Aerostrip Corporation will furnish Purchaser one Field Service Engineer to advise in instruction and start-up. The services of this engineer will be provided without charge for the period specified above. However, the Purchaser assumes all responsibility for the readiness of the system when he requests start-up service. Should the Field Service Engineer arrive at. the job site. and determine that the system can not be started up within reasonable time, then Aerostrip Corporation shall have the option to bring hirn home and bill the Purchaser tbr time, travel and living expenses. Additional field service is also available fi-om Aerostrip Corporation and will be quoted at p~evailing per diem rates at the time plus all t~avel and living expenses. Ihe per diem rate for field servic, is cmrently $600.00 per day plus travel and living expenses. P.O. Box 1168, Old Saybrook, CT 06475; Phone 860 388 6686 Fax 860 ~88 6948 }'age $ of 3 AEROSTRIP CORPORATION Quote No. 200205 STANDARD CONDITIONS OF SPJ_,E- Our STANDARD CONDITIONS OF SALE as stated on the attached sheets shall apply. (Please rctum one signed copy of this quotation, or your purchase order to Aerostrip Corporation, referring to this quotation by date and number and any related correspondence.) PURCHASER'S ACCEPTANCE: BY ITS SIGNATURE BELOW OR ISSUANCE OF ANY PURCHASE ORDER OR OTHER DOCUMENT, NOTWITHSTANDING ANY STATEMENT OR PROVISION CONTAINED'THEREIN TO THE CONTRARY, PURCHASER AGREES TO ALL THE CONDITIONS AND PROVISIONS OF THIS PROPOSAL AND CONTRACT. NO OFFER BY PURCHASER TO ALTER, AMEND OR DELETE ANY CONDITION OR PROVISION OF THIS PROPOS AL AND CONTRACT SHALL BE BINDING UPON AEROSTRIP CORPORATION UNLESS EXPR.E$$LY ACCEPTED IN WRITING BY AEROSTRIP CORPORATION. PURCHASER'S ACCEPTANCE' COMPANY NAME: AEROSTRIP CORPORATION P.O. Box 1168 Old Saybrook, CT 06475 BY: BY:/ / h(golf~..l~-~-'~s --' TITLE: TITI,E: President ,,~ DATE:__ DA. TE: February 27, ~001 P.O. Box 1168, Old Saybrook, CT 06475; Phone 860 388 6686 Fax 860 388 6948 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Sole source purchase of two FOR AGENDA OF: April 11, 2000 ~/ sluice gates from Whitney Equipment, to ORIGINATING DEPT: . Public Works & Utilities replace the existing corroded gates. ORIGINATOR: ~/Pat Coxon, WWTP Manager DATE SUBMITTED: I April 11, 2000 2. CLEARANCES: (Comment on~a~csk~t~/~g) 3. EXHIBITS: Director PW&U ////-~4~ ~ · Agreement with Whitney Equipmem ~ i'~_ity Attorney ~~' City Treasurer ~urchasing Manager-~---'~ Operations Committee Fiscal & Budget Comm. ENDORSEMENT ./~' INFORMATION J APPROVED BY COUNCIL PRESmENT FOR SUBMrrTAL: MAYOR . COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUN~'~ACTION: The Department of Public Works and Utilities seeks City Council approval for sole source purchase of two Plasti-Fab 42" x 60" FRP Heavy Duty Titeseal sluice gates in the amount of $31,371.28. These will replace the existing corroded sluice gates, which are inoperable. This purchase is necessary so that we can operate the process as designed. Plasti-Fab is the only manufacturer of this large style of FRP gate, which is resistant to corrosion. In addition, sole- source purchase will allow the use o£ already installed equipment with a potential savings ofup to $10,000 and they are compatl'ble with supplies already on hand. Pursuant to BMC 2.76.600(a)(4), the City is not required to seek competitive bids when the vendor constitutes a sole or single source for the product. 8. RECOMMENDATION: That the City Council approve the sole-source purchase of two Plasti-Fab 42" x 60" FRP Heavy Duty Titeseal sluice gates t~om Whimey Equipment, for a total cost of $31,371.28 and authorize the Mayor to execute the contract subject to current City policies and procedures. 9. RESPONSIBLE OFFICIAL: Director of Public Works & Utilities ENFORCEMENT OFFICIAL: Wastewater Manager EXPIRATION DATE: NA REVIEW DATE: NA 10. NOTICE OF ACTION PULLED ~ TABLED~ APPROVED~ DISAPPROVED COUNCIL DIRECTIVE: DATE:.i~'~ [-" 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Decreased reliability of the aeration basin process control Increased liability of City should the WWTP discharge to Puget Sound violate water quality standards Violations of NPDES Permit 6. IMPACT ON STAFFING~ BUDGETS~ FACII,ITIES~ EQUIPMENT OR OTHER RESOURCES- Stafi~ng: None Budget: Funds were allocated through the WWTP Capital Budget Equipment: None 7. RESEARCH SOURCES: {~70122_1.ab} '~P~-~O-E~I ~:55 FROM: TO:J50415-5455 P.OO~x~O1 Whitney Eouipment Company. Inc. 21222 30th Drive SE, Suite 110 Bothell, Washington 98021 Phone: (425) 486-9499 FAX: (425) 485-7409 Date: March 20, 2001 TO: Bremerton WWTP Attn.: Frank Harer FAX # (360) 415-5455 From: Michael Deunett Two (2) each Plasti-Fab 42" x 60" FRP Heavy Duty Titeseal gates with. FRP surface mount guide frames to fit existing bolt pattern, neoprene J-seals, wedges for tight shut-off, electric motor operator with remote option, pedestal wall brackets, with T-316 stainless steel lifting stem. Price for both units: $ 28,487.00 Estimated freight: 400.00 Approximate Washington State sales tax (8.6%): 2,484.28 Total (estimated) $ 31,371.28 If I've miased something or you have any additional questions, don't hesitate to give me a call. End of FAX. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Memorandum of FOR AGENDA OF: April 11, 2001 Understanding between Kitsap ORIGINATING DEPT: Executive County Housing Authority, Port of ORIGINATOR: Mayor Horton Bremerton and City of Bremerton DATE SUBMITTED: April 11, 2001 regarding potential redevelopment if certain public parking facilities 2. CLEARANCES: (comment on back 3. EXHIBITS: if necessary) Memorandum of Understanding 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION/ This Memorandum of Understanding is entered into by and between the Kitsap County Consolidated Housing Authority, the City of Bremerton and the Port of Bremerton. The parties have determined that it may be in the best interests of the public for the parties to evaluate the acquisition of real property for possible parking facilities. The parties believe that the potential redevelopment is likely to be in the best interests of the parties and the public. 8. RECOMMENDATION: Move to approve the Memorandum of Understanding between Kitsap County Consolidated Housing Authority, the Port of Bremerton and the City of Bremerton regarding evaluation of the acquisition of real property to promote redevelopment and authorize the Mayor to execute same. 9. RESPONSIBLE OFFICIAL: Executive ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVE£~ ~NDED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: [P./-~O~ 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: No Memorandum of Understanding will be executed. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES 7. RESEARCH SOURCES: MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into by and between the Kitsap County Consolidated Housing Authority ("Housing Authority"), the City of Bremerton ("City"), and the Port of Bremerton ("Port") this day of . , 200__. The parties express their intentions as follows: I. RECITALS 1.1 Thc parties have determined that it may be in the best interests of the public for the parties to evaluate the acquisition of real property that is part of the Bremer estate, including certain public parking facilities, and to evaluate the benefits of redeveloping the property to a higher and better use. 1.2 The parties believe that the potential redevelopment is likely to be in the best interests of the parties and the public. 1.3 The parties need to evaluate the property and the potential redevelopment to determine whether it is appropriate to proceed. IL PROJECT EVALUATION II.1 Thc parties agree to enter into discussions with one another regarding the potential acquisition and potential redevelopment of certain property that is part of the Bremer estate. Those discussions are expected to include evaluation of the potential acquisition of the property; potential options for any redevelopment; and the sharing of responsibilities if aH parties determine that the project should ultimately proceed. ACCEPTED AND AGREED: KITSAP COUNTY CONSOLIDATED CITY OF BREMERTON HOUSING AUTHORITY Executive Director By. PORT OF BREMERTON AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Elected Officials' PERS FOR AGENDA: April :~ 2001 participation, and payment by City of ORiGiNATiNG DEP'I: City Council discretionary contribtuions and interest payments ORIGINATOR: John Law, Council President O~;,vx0, v,.C~ .~O. 4r-~ (,, 2.- .~z(.ovx~. DATE SUBMITTED: March 28, 2001 2. CLEARANCES: ~(Comment on back if neces§ary) 3. EXHIBITS: ~~ ~..~v~>// Legal Opinion of Special Counsel (~DUNCJL O~I~TIONS COMMITTEE WAC 415-108-550 ~ ,~c~~(~ Agenda Bill 97-106 \-x- ,- / Ordinance No. 47 ¢ Z- FIS..C~a~I¢ a BUDGET COMMITTEE EN ORSE XENT rNFOm^T ON APPROVED FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: In 1994 the State clarified elected officials' eligibility to elect membership in the Public Employee's Retirement System. The City was also granted the discretion to make employer contribution and interest payments for current elected officials for their current terms and any qualifying previous terms of office. On May 21, 1997, the Council exercised its discretion as indicated in Agenda Bill 97-106. It is now recommended that the City Council consider formalizing the 1997 action as an ordinance, providing direction and clarity to City Staff in the implementation of the Council's action. 5. RECOMMENDATION: Move *~ ~reve to exercise its discretion to make employer contribution & interest payments upon PERS membership of current Council members, to the extent authorized by RCW 41.40.023 and WAC 415-108-550. Move to pass on 2nd reading Ordinance No. 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIA L: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: PULLED [~] TABLED [-q APPROVED [~] DISAPPROVED []]]] AMEN1DODAACOUNCILDIRECTIVE: 8. AGENDA BILL NO.: 9. I~I-PAt~T 131~ N-CINf_PA.R.gA.(-~F,~ The 1997 action of the City Council to exercise its discretion to make payments for current elected officials obtaining membership in the State's Public Employee Retirement System would not be affirmed and clarified for implementation by City Staff. 10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Varied and based upon elected officials' years of service with the City, as well as the number of elected officials seeking membership in PERS. 11. RESEARCH SOURCES: WAC 415-108-550 and RCW 41.40.023 Memorandutn 1o: City Council; Mayor Horton; {ge: Citizen's Council Salary Commission, Kathy McCluskey From: Glenna Malanca, Special Counsel Oat~: 4/4/2001 Re: Council Membership in State Retirement System Due to a recent expressed interest by a current Council member in the State Public Employees' Retirement System, I had occasion to review the Legal Department's file regarding this legal issue. Additionally, on November 21, 2000, the Council requested a legal opinion in regards to a request fi-om a previous Council member, serving from 1983 to 1991. Being currently employed by a different employer in a PERS eligible position, the request was made to the City Council for the City to pay the employer contn'oufions and interest necessary for the purchase of back service crediL CONCLUSION: A current Council member's request for payment by the City of the discretionary employer contribution and interest payments for current and previous terms of office is authorized by the May 21, 1997 action of the City Council. On May 21, 1997, the City Council committed to pay the discretionary mounts upon a current Council member's establishment of membership. Any requests by current Council members should therefore be granted upon establishing membership, and the appropriate budget adjustment processetL The applicable State law and WAC does not so clearly authorize the employer contributions and interest payments by the City for Council members not currently in office, even if they are currently employed by another employer in a PERS eligible position. Prior to 1994, some confusion existed regarding elected officials' eligibility for membership in PERS, as well as the appropriateness of the City's contribution as employer upon a Council member's election of membership. Effective June 23, 1994, WAC 415-108-550 provides that elected officials may apply for membership for their current term of elected office, and establish membership and service credit retroactive to the first day of any previous term or terms of elected office. The City was also authorized to pay the required employer contributions, with interest on those contributions. The City payments on the employer contributions and interest are discretionary. On May 21, 1997, the City Council approved the payment of the employer's contribution, plus interest on that contribution, by action reflected on Agenda Bill No. 97-106. It appears that the relevant WAC allows this option only to current City Council members, and does not authorize payments by the City for any portion of the employees' (Council members) required contribution or interest thereon. Likewise, under the WAC the City's option to pay employer contributions and interest for previous terms of office is limited to payment for current elected officials. A Council member no longer serving on the Council, but employed in another eligible position under a different employer, would not antomaticallv be eligible for the City of Bremerton discretionary employer contribution and interest payments. The Council can consider requests from former Council members April 4, 2001 on a case-by-case basis. Recommendation is made that the CiW Attorney be requested to render a determination as to legality of employer contributions and interest thereon upon a request from a former Council member. In the event that no City Attorney was currently appointed, Municipal Research Services Center could be requested to render a fact-specific decision. The Council could then make a decision on the request for City participation. Pursuant to Section 8 of the City Charter, the Citizens Commission on Council Salaries filed a Salary Schedule on October 13, 1997. Of unknown and unexplained origin within the Salary Schedule was the following sentence: Council members shall receive no medical, dental or other employee benefit. As provided in Section 8 of the Charter, this Salary Schedule was filed in ordinance form, and assigned an ordinance number, 4611. The Salary Schedule then became effective 30 days thereafter. A careful review of Section 8 of the City Charter verifies that the specific authority of the Salary Commission is limited to "fix a salary for each position", and to file a schedule of salaries in ordinance form. While the Charter introductory provisions for the Commission indicates that the Commission is appointed to set the "salary and compensation" of Council members, the specific delegation of authority references only salary and a schedule of salaries for Council members. The drafting of Section 8 has created an ambiguity that could be interpreted by the Court either to provide or deny the authority of the Commission to establish Council benefits. Assuming that the Citizen's Commission's authority to fix the salary and compensation for the Council members, I have researched the Commission's Charter directed process in the formulation of"Ordinance" 4611. The Salary Commission's minutes fi.om June through October 6, 1997 have been reviewed. Very little mention of benefits for Council members is contained in the minutes. Ian Seivers, the City Attorney in 1997, addressed the Commission and explained that the introductory reference to "salary and compensation" enabled the Commission to address the Council's benefits, in addition to salary. Nonetheless, the comparable's gathered for the Commission's consideration reflected almost exclusively salaries. Information fi'om Everett indicated that benefits were handled separately fi.om the Salary Schedule. Vancouver indicated that Council members received some benefits, such as medical and dental. Most significantly, in the motion made and passed on October 6, 1997 to approve the Salary Schedule, the Commission referenced only the Council members' $600 monthly salary and the $25 monthly premium for the Council President. At its March 2, 1998 meeting, the Citizen's Salary Commission approved the October 6, 1997 meeting minutes. While this opinion is solidly based upon the fi.ailties of the Citizen's Council Salary Commission's record, which reflects no basis whatsoever for the sentence negating "other employee benefit" which appeared in "Ordinance" 4611, mention is warranted of a couple of State provisions affecting the Commission's authority. RCW 35.22.205 provides: The compensation and the time to be devoted to the performance of the duties of the Mayor and elected officials of all cities of the first class shall be fixed by ordinance of said city irrespective of any city charter provision. The City of Bremerton must comply with the State statute mandate, and it is questionable that the Salary Schedule filed by the Salary Commission pursuant to the City Charter meets those requirements of the cried statute. Only three Washington cities are known to have Citizen Salary Commissions, including Bremerton. Some interest and concem regarding these few salary commissions have been expressed by State officials and an Attomey General's Opinion may be issued in the near future, which may clearly define the validity of the commissions and the resultant actions taken by the cities. It is also worthy of note that the Bremerton Citizen's Council Salary Commission worked hard and served the City well in following the City Charter process directed to them. It is my opinion that the current Council Member's request for the City to pay the employer contribution, plus interest on that contribution, is authorized by the City Council May 21, 1997 action. It is also recommended that in the near future the City Council consider formalizing the May 21, 1997 action as an ordinance, for future clarity and certainty for Council members and staff. WAC 415-108-550 Elected officials--Eligibility and application for retirement service membership. 415108550 Il) For purposes of this section and WAC 415-108-570, and pursuant to RCW 41.40.023, 41.40.010 (25) (b), 41.40.010 {9) (a} and 41.40.035, "elected" officials means individuals elected to any state, local or political subdivision office or individuals appointed to any vacant elective office. (2) Pursuant to RCW 41.40.023 (3) (a), elected officials are exempted from retirement system membership but may apply for membership du~in~ the offic±al's current term of elected _office. To apply for membership, the official shall submit a written application directly to the department. If the department a~Droves the application, the elected official is entitled to establish membership and service credit retroactive to the first day of the official's current term of elected service. To establish such membership~ the official shall pay the required employee contributions for the official's current term of elected service with interest as determined by.the department. (3) Upon establishing membership for the official's current term of elected office, the official is entitled to establish membership and service credit retroactive to the first day of any previous elected term or terms of office. To exercise this option, the official shall apply to the department pursuant to subsection (2) of this section. If the department approves the application, the official shal~: (a) Pay the required employee contributions for such previous term or terms of elected service with interest as determined by the department; and (b) Pay the required employer contributions for such previous term or terms of elected service with interest as determined by the department. The employer may, at its discretion, pay the required employer contributions plus interest in lieu of the employee making payment of this amount. (4) If an official is employed in an eligible position at the time of election to office and will hold multiple positions concurrently, the official may: (a) Apply to the department to participate in membership pursuant to the official's elected position as provided in subsection (3) of this section; or (b) Choose not to participate pursuant to the official's elected position while continuing membership through the nonelected position. (5) Except as provided under RCW 41.40.023 (3) (b), once an elected official has exercised the option of becoming a member of the retirement system the official shall be a member until the official separates from all eligible public employment pursuant to RCW 41.40.150. An official does not separate from public employment when that official's term of office ends and the official commences another term of .../fastweb.exe?getdo c+view2+wac+36941 +0++%20and%20%28WAC%20415-108-550%29~03/28/2001 office in the same or a different position for the same employer without a break in service. An official does not separate from service if the official resigns from the official's elected position and is later reappointed to the same position during the same term. (6) This section codifies the department's long-standing administrative practice in relation to elected officials. The department will apply this section to service by elected officials which occurred prior to the effective date of this section. [Statutory Authority: RCW 41.50.050. 94-12-014, 415-108-550, filed 5/23/94, effective 6/23/94.] o o o o .../fastweb.exe?getdoc+view2+wac+36941 +0++ ¼20and '/o20 Yo28WAC N20415-108-550%29 03/28/2001 ORDINANCE NO. AN ORDINANCE Providing for the City of Bremerton's Exercise of its Discretion in Making Contribution and Interest Payments to the State of Washington Public Employees Retirement System on Behalf of City Elected Officials Electing to Establish Membership; Affirming and Clarifying the May 21, 1997 Action of the City Council Taken Under the Authority of State Law. WHEREAS, in 1994 the State adopted WAC 415-108-550, under the authority of RCW 41.50.050, providing for the inclusion of certain elected officials in the State Public Employees Retirement System, and authodzing current elected officials to buy back service credits in the System to the first day of previous terms served; and WHEREAS, by Council action on May 21, 1997, the City Council exercised its discretion, authorized under RCW 41.40.023 and WAC 415-108-550, to pay the employer's contribution, plus interest on that contribution, toward the PERS accounts of current elected officials establishing membership in the System; and WHEREAS, the City Council now desires to formalize and cladfy its May 21, 1997 action; Therefore THE CITY OF BREMERTON DOES HEREBY ORDAIN: CITY CONTRIBUTION TO ELECTED OFFICIALS' ESTABLISHED PERS ACCOUNTS SECTION 1. The City Council hereby exercises its discretion, authorized pursuant to WAC 415-108-550 and RCW 41.40.023, to pay employer contributions and interest thereon on established PERS accounts of qualified City elected officials. SECTION 2. A qualified City elected official making application for membership in the Public Employees Retirement System during their term of office, and upon establishing membership, shall be entitled to employer contributions, plus interest, payable by the City, authorized by WAC 415-108-550 and RCW 41.40.023 as those provisions now exist, or are hereafter amended. SECTION 3. Former elected officials must make a request to the City Council for City payment of employer contributions and interest, for Council consideration and determination. Upon establishing PERS membership, and a determination by the City Attorney that such employer contributions and interest could be lawfully paid by the City, the Council shall render a decision upon the request. In the event that no City Attorney is servinq at the time of the request, Municipal Research Service Center may be requested to render a le,qal opinion relatinq to the le.qalitv of the City contributions and interest thereon, specific to the former Council member's request. SECTION 4. The City Council action of May 21, 1997, reflected on Agenda Bill 97-106, is hereby affirmed. SECTION 5. EFFECTIVE DATE. This ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council on the first reading this ~ day of ,2001. PASSED by the City Council of the City of Bremerton this __ day of ,2001. JOHN LAW Council President APPROVED this __ day of ,2001. LYNN S. HORTON Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk AGENDA BELL BREMERTON CITY COUNCIL 1. SUBJECT: Policy approving employer FOR. AGENDA OF: May 21 , 1997 contribution for council member PER.S ORIGINATING DEPT: Council service credit. ORIGINATOR: I. Sievers, City Attorney, ~.,-il DATE SUBMITTED',.~I 3/97 2. CLEARANCES: (Comment on back if necessary) 3. EXtTIBITS: /~,,~,4/~ WAC 415-108-5~0 /l~[~n~lr-Resources Manager Treasurer corm ENDORSEMENT,~i-NFORMATION 1-I APPROVED BY COUNCIL PRESIDENT FOR,SUBMITTAL: 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION': As elected officials, council members have the option of participating in the Public Employees Retirement System. Members mav elect to join for their current term by pa~ng past employee contributions plus interest with the Ci,ty paving the employer's contributions. Council members may also elect to establish membership and service credit from the beginmng of any previous term served. The employer's contribution for these previous terms may be paid by the Ci ,ty. To date the council has not exercised its discretion on paying the employer's contribution for prior terms. The motion approves City payment for years of service prior to the current term of office and directs the Council President to approve a written policy to this affect. 8. RECOMMENDATION: IVlotion: Approve City payment of employer's contribution and interest required for council members to establish PERS membership and service credit for all years in office, and direct a written policy be executed to that affect. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF AqTI'ION PULLED [] TABLED ~ APPROVED J~ DISAPPROVED [] AMENDED [3 DATE: COUNCIL DIRE CTIVE: I1. AGENDA BILL NO.: q7- 1o0 2. CLEARANCE COMMENTS: 5. IN~A..CT OF NON-PASSAGE: Council members could still qualify for additional years of service credit in PEPS by paying the employer's contribution and interest. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMEtNT OR OTHER RESOURCES: 1997 budget: Council member Colvin has established membership and if [xe elects to extend membership to [ 986, the City's discretionary contribution would be appro.'cimately $5,000. No additional approriation is needed. 7. RESEARCH SOURCES: AGENDA BILL Iqo.,2~o'7 BREMERTON CITY COUNCIL ~X~'~( ~ [2~?c.~ 1. SUBJECT: Resolution calling for Good FOR AGENDA: ~,~ai-c.'.. ,.u, .... Goverance and Scheduling Council Goal and ORIGINATING DEPT: City Council Priority Determinations ORIGINATOR: Council Member Ed Rollman DATE SUBMITTED: March 21, 2001 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: HEARD AT COMMITTEE 3/21/01 Resolution No. 2807' COUNCIL OPERATIONS COMMITTEE HEARD AT COMMITTEE 3/21/01 FISCAL & BUDGET COMMITTEE ENDORSEMENT [] INFORMATION [] APPROVED FOR SUBMITTAL: MAYOR .-'~ COUNCIL PRE S IDEN~.~r:r-~'~~ ~_.~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: A Resolution calling for an end to all discord and accusatory conduct within City government; seeking expedient movement towards facilitation with the Mayor; and scheduling the Council's determination of the City's goals and priorities for 2001 for submittal to and implementation by the Mayor. 5. RECOMMENDATION: Move to pass Resolution No. 28o7 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: PULLED [--'] TABLED [--] APPROVED [--] DISAPPROVED [--] AMENDED [~ DATE: COUNCIL DIRECTIVE: 1 A 8. AGENDA BILL NO.' 01 '~ 07(/9 9. IMPACT OF NON-PASSAGE: The Council will not have expressed its commitment to bettering the government of the City of Bremerton and calling for an end to all counter-productive and negative actions within the government. Additionally, important policy-making determinations of the Council will not be scheduled for immediate consideration and action. 10. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Council actirm is needed to prioritize the use and allocation of all City resources. 11. RESEARCH SOURCES: RESOLUTION NO. 2807 A RESOLUTION OF THE BREMERTON CITY COUNCIL CALLING FOR A UNIFIED AND AMICABLE EFFORT TO EXPEDITE COMPLIANCE WITH THE TERMS AND SPIRIT OF THE MARCH 14, 2001 SETTLEMENT OF THE ON-GOING DISPUTE BETWEEN THE MAYOR AND CITY COUNCIL; SEEK FACILITATION OF THE WORKING RELATIONSHIP BETWEEN THE MAYOR AND CITY COUNCIL; CONTINUE TO FOCUS ON THE IMPORTANT BUSINESS OF THE CITY, INCLUDING THE COMMITMENT TO SET GOALS AND PRIOITIES FOR THE CITY. WHEREAS, the Bremerton City Council and Mayor Lyrm Horton entered into a settlement agreement on March 14, 2001 with a view and commitment to move forward with the business of the City; and WHEREAS, the settlement agreement provides a mechanism for forward movement of the City and its business through facilitation of the parties' working relationships; and WHEREAS, the City of Bremerton now faces immediate challenges and opportunities which require all parties to focus and expend fruitful efforts in the best interest of the City; and WHEREAS, under Section 12 of the City Charter, it is within the powers of the City Council to set the goals and priorities for the City, and to forward them to the Mayor for implementation; THEREFORE, BE IT RESOLVED BY THE BREMERTON CITY COUNCIL 1. That the City Council seek and encourage speedy implementation of the March 14, 2001 settlement agreement between the Mayor and City Council in an effort to finally resolve all issues underlying the dispute between the City Council and Mayor; and 2. That every possible effort be made to respect each other's differing opinions. 3. That the City Council commit to the formulation of goals and priorities for the City government, as compiled and formulated by Council member Carol Arends, and forward them to the Mayor no later than April __ for implementation during 2001. 4. That the City Council embrace facilitation with the Mayor to be scheduled at the earliest opportunity; and that each Council member commit to place the best interest of the City above past differences; and to continue our on-going efforts to address the City's serious business, which has been entrusted to us by those who possess the ultimate and final authority, the voters. PASSED by the City Council of the City of Bremerton this 11th day of April 2001. John Law, Council President CENTRAL KITSAP FIRE & RESCUE/CITY OF BREMERTON JOINT COMMITTEE MEETING MARCH 22, 2001 This work study session was called to order by CEO West at 0900 hours. Minutes from the January 11, 2001 meeting were approved as written. II Business: II 1. Committee/Division Reports were provided as follows: · ADMINISTRATION: CEO West reported meeting for the second time with the Bremerton City Council in a study session held on February 7. The overwhelming consensus of the Council and Mayor was to give authorization for the Fire Chief to continue the current study of proposed consolidation, annexation, working agreement, or handshake agreement (all options were available) and this was basically the last hurdle to continue on with the process. It was announced at that meeting that we would assume this would be a two-year process and we were going through and establishing what was previously referred to as a "matrix." Branch managers and Division heads had been asked to have the matrix completed by August 1. Some are done, some are partially done, and some are just getting started. Clarified that the intent of the matrix was only to identify assignments, events, or differences between the organizations in a listing and to identify who is responsible today or is the contact person for those areas in each organization. The intent was not to attempt to resolve the issues in establishing the matrix. We have invited people across the spectrum to sit and meet with all the Divisions--the broader the participation, the more likely we are to get all the items on the list. Suggested that the managers on both sides establish what their meeting schedules will be and send them out. Anyone interested in attending those meetings can do so. Completed matrices are to be sent on disk to Joy Grindeland prior to August 1. She will meld them for the Administrative Subcommittee to prioritize, filter down to a manageable number, eliminate duplications, and expand those too narrow in scope. The Admin Subcommittee meets next week for a status review. Had previously received a list of concerns from the Union and had acknowledged that the bottom line for this thing to work is to have a joint labor agreement. The initial meeting was held late last summer, met a week to 10 days ago and will meet again this month (circa March 28) to identify where we specifically believe there will be major impacts to the organization. There have been rumors and speculation across the board about the potential cost of a merger--need to find the facts on the numbers that have been bantered about. Will start work with the Union while matrices are being developed. For those attending the Labor Relations Seminar in Reno next week, CEO West suggested meeting with members of the City of Reno Fire Department. City of Reno annexed into Truckee Meadows Fire District. This is a major event for the City of Reno, a long-standing fire department. · MEDICAL: BC Eddings reported that the Division has not had any additional opportunities to get together. Distributed handouts of what has been done up to this point in time. · UNION: No report at this time. · PREVENTION: Nothing new to report. Had provided a Prevention matrix at a previous January 31 meeting and assume it is ready to go Joy as is. · CITY COUNCIL UPDATE: Councilmen Olsen and McConnell have been appointed by the Council President to participate on this committee through year- end. · TRAINING: No updates. · OPERATIONS: AC Lusk held one meeting. AC McKinley was unable to attend so will schedule another meeting to get on track. · PUBLIC EDUCATION: Judy Knudtzon noted that Pub Ed has been working with Prevention and they are anxious to start meeting. They did the original matrix, but some months have passed and it may be worth a revisit for potential minor updates. 2. Rumor Control Document: CEO West noted that the Rumor Control Document is now up to 22 items with the last update done 01/11/01and we are starting to see questions that are rehashing issues previously addressed. Next week, prior to the Admin Subcommittee meeting, he and Chief Duke will go outside of the rumor control document and will prepare a one page, jointly signed, letter to give everyone an update of where we are up to this point. Will send a copy to all stations and all members by whatever distribution method is available, with the hope that this will be helpful. Aisc asked for the help of people at these meetings to assist in providing information to others. CEO solicited any additional rumors heard since the last update: · Rumor: Bremerton Union is pretty much not in favor of the ultimate goal. Response: Part of the problem is that have gone for a long time this year without meetings, which starts more rumors. There are still some concerns on money issues and quite a few people believe there are bigger differences between the organizations than what is perceived. Fair to say there is not unanimous support at any level. But, there is a consensus of the people that there are some opportunities in front of us, being as contiguous as we are and with a successful response contract for the past two years, to see if there are other advantages available to us, i.e. training, prevention, etc. If we find out that a Union contract is not feasible, it is our job to find out what is salvageable out of the process. It would be premature to throw in the towel and a benefit could CENTRAL KITSAP FIRE & RESCUE/CITY OF BREMERTON JOINT COMMITTEE MEETING March 22, 200'1 - Page 2 of 3 happen without a full merger. When all is said and done, the hope is that there is at least something salvageable of the work that has been done. Suggestion was made to have a position paper just regarding that issue signed by all to show the people. Decision was made not to add this item to the rumor control document as something similar has been previously addressed. Will cover update in the upcoming letter to all personnel. · The new CKFR Fire Chief, Ken Burdette, may be in attendance at the next meeting. Chief Burdette is not a stranger to mergers/consolidations and is 100% in favor of cooperative working relationships. He is scheduled to come on board on June 1. · Update was requested on the D12 merger. CEO West indicated that CKFR had sent a response to their petition and should know more by April 9. Next meeting date: June 7, 2001 0900 hours Bremerton Water/Olympus Drive Attendees: Central Kitsap Fire & Rescue City of Bremertonl Bremerton Fire Dept Commissioner John Wilkins, Sr. Councilman Cecil McConnell Commissioner John Wilkins, Jr. Councilman Wayne Olsen CEO Dick West Fire Chief Al Duke Assistant Chief Roy Lusk Assistant Chief Mick McKinley Battalion Chief Gary Eddings Captain Jeff Childs Battalion Chief Jay Lovato Captain Scott Rappleye Pub Ed Specialist Judy Knudtzon Captain Ron McKiernan Admin Services Manager Monika Carberry FF Todd Thorsen (VP, Local 437) FF/PM Doug Baler (Secretary, Local 437) FF/PM David Jose FF Ed Benson Adjourned 9:40AM CENTRAL KITSAP FIRE & RESCUE/CiTY OF BREMERTON JOINT COMMITTEE MEETING March 22, 2001 - Page 3 of 3