HomeMy WebLinkAbout04/19/2006 AGENDA
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CITY COUNCIL
FILE
345 6th Street, Suite 600, Bremerton, WA 98337-1873 03 (360) 473-5280
* * * FINAL AMENDMENTS * * *
APRIL 19, 2006
CITY COUNCIL MEETING AGENDA
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. General Council Business
B. Proposal by Mayor Bozeman to confirm and approve the hiring of Wyn Birkenthal as new
Director of Parks & Recreation (There will be no action on this item until 4/26/06)
C. 10-Minute Executive Session to discuss "LITIGATION" per R.C. W. 42.30.11 O( 1 )(i).
2. CALL TO ORDER: 5:30 P.M. in MEETiNG CHAMBERS lOCATED ON FIRST FLOOR
A. Pledge of Allegiance
B. Invocation
3. MAYOR'S REPORT
4. PUBLIC RECOGNITION & ANNOUNCEMENTS
5. CONSENT AGENDA
A. Claims & Check Register (#AB06-074)
B. Minutes of Meeting - March 15, 2006 (#AB06-075)
C. Minutes of Meeting - March 22, 2006 (#AB06-076)
D. Minutes of Meeting - March 29, 2006 (#AB06-077)
E. 2005 Collective Bargaining Agreement between the City of Bremerton and IAFF
LOCAL No. 437 (#AB06-078)
F. Accepting concurrent Jurisdiction with the United States Navy for Federal Property located
within the Bremerton City Limits (#AB06,.079)
G. Sole Source - Single Source Purchase of PlanetAir HD50 Tow Aerator and Related Budget
Adjustment (#AB06-080)
H. Approval of Application by the SEATTLE OUTBOARD ASSOCIATION for the 2006 Kitsap Lake
HydroFest Race on May 20 & 21, 2006 (#AB06-081)
I. Contract Modification between the City of Bremerton and WASTE MANAGEMENT, INC. for
transport of biosolids (#AB06-082)
J. Lease Agreement between the City of Bremerton and CAMPFIRE USA CENTRAL PUGET
SOUND COUNCIL, and GIRL SCOUTs-TOTEM COUNCIL for the use of real property, including the
building commonly known as the GIRL SCOUT & CAMP FIRE BUILDING located at 1109 Warren
Avenue (#AB06-085)
CONTINUED ON BACK...
rI Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special
accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the
Council meeting.
6. PUBLIC HEARINGS
A. Public He3ring 3nd Ordinance No. 4968, authorizing exemptions from 3d v310rem property
taxation for ne'N multi bmily housing in design3ted centers (#AB06 083) Item pulled...
A Study Session will be held to discuss this item on Tuesday, May 9, 2006 at 5:00 PM
B. Public Hearing 3nd Resolution No. 2994, approving the Highl3nd Avenue & Ple3s3nt
Avenue Design Guidelines (#,1\B06 084) Item pulled...
C. Second Public Hearing on Resolution No. 2993 regarding the Change-in-Use and Future
Sale of City Parks Property located at 1109 Warren Avenue; First Public Hearing was held
on April 5, 2006 (#AB06-071) Item continued to June 7, 2006
7. GENERAL BUSINESS
A. Reorganization of positions in the P3rks & Recreation Department (1tAB06 086) Item pulled
8. COUNCIL MEMBER REPORTS
9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
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DATE SUBMITTED: 4-13-06
........................................................................................
SUBJECT: Approval to hire a new Parks
& Recreation Director above Step 1 of the
pay band and to confirm his appointment to
the position.
Committee Meeting Date: Pre-Council 4/19/06
COUNCIL MEETING Date: 4/26/06
Department: Executive
Presenter: Mayor Bozeman
Phone: 473-5266
SUMMARY: BMC Chapter 2.50, Section 2.50.032 (a) requires Council confirmation for the appointment of
a Department Director and approval for an initial salary rate which exceeds Rate 1. Council confirmation and
approval is requested to hire WYN BIRKENTHAL as Director of Parks & Recreation at Pay Rate 8 of Band
19. Mr. Birkenthal's work experience spans 20+ years in the public sector, including 9 years which were with
Spokane County as Director of Parks & Recreation and 6 years in his current position with the City of
Richland, W A as Director of Parks & Recreation. He has been responsible for the operating budget of
$5,700,000 and a $1.7 million capital improvement budget and the oversight, planning and development of a
2,500-acre park system containing 47 developed parks, 35 miles of trails, 1,800 acres of natural area and
recreation facilities including swimming poools, golf course, skate park, community center sports complexes
and a motor sports park. Mr.Birkenthal received only the highest of recommendations from his references.
ATTACHMENTS: Resume and Memo outlining the negotiated terms of his employment with the
City of Bremerton
FISCAL IMPACTS (Include Budgeted Amount): Position isfully funded per approval of2006
budget.
APPROVALS: '
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
]I'
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
I CONSENT AGENDA ~ I
RECOMMENDED MOTION: Move to confirm and approve the hiring ofWyn Birkenthal as
Director of Parks & Recreation at Pay Step 8 of Band 19.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
Memo
To: City Council
From: Cat)' E. Bozeman, Mayor
Date: July 9, 2004
Re: Wyn Birkenthal Terms and Conditions of Employment
The following is a listing of the terms and conditions of employment negotiated "vith Wyn
Birkenthal to fill the position of the Director of Parks and Recreation:
Positjon:
Director
Depattment:
Parks & Recreation
Effective Date:
June 5, 2006
Rate of Pay:
$ 4049.47 semi-monthly (Step 8, Band 19)
Appointment/Removal:
Mayor
Supervisor:
Mayor
Benefits:
Pursuant to BMC Chapter 2.50 except as otherwise
noted.
Vacation:
25 days for 2004 (pro-rated)
Moving expenses:
Not to exceed a maximum of $2,000 with
receipt(s) required for reimbursement.
Long Term Disability
100% paid for by the City
. Page 1
Mr. Birkenthal will be an "at will" employee and may be terminated by the City without
cause at any time with thirty (30) days notice. He may be terminated for cause, without
notice, and no severance pay shall be paid.
This shall constitute his terms and conditions of employment with the City and there are no
other written or oral agreements that have not been set forth above or covered by Chapter
2.50 of the Bremerton Municipal Code.
. Page 2
WYN BIRKENTHAL
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January 2000 - Present City of Rich/and Rich/and, WA
Director Parks and Recreation
III Responsible for the oversight, planning and development of a 2,500-acre
park system containing 47 developed parks, 35 miles of trail, 1,800 acres of
natural area and recreation facilities including swimming pools, golf course,
skate park, community center sports complexes and motor sports park.
III Guided redevelopment of 40-acre downtown riverfront park to become a
community-gathering place and economic development driver. Completed
master plan in 2000 with broad based public involvement process.
Implemented $9.5 million of capital improvements 2001-2005 adding
waterfront plaza, community center, tour boat dock, children's adventure
playground and riverfront trail.
III Acquired 614-acre Badger Mountain natural area in cooperation with state,
county and non-profit conservation group. Land protects City's view shed
and maintains traditional hiking and horseback opportunities.
II Responsible for 2006 operating budget of $5,700,000 and $1,700,000
capital improvement budget.
II Managed successful implementation of Internet based facility scheduling
and recreation program registration.
II Developed 27,000 sq. foot concrete skate park using 90% alternative
funding. Local tax revenue sources in the 1.1 million skating facility were
limited to $100,000. Alternative sources included state grants, corporate
donations private donations and bequests.
III Responsible for the 2006 update of the City's Long Range Park, Recreation
and Open Space Master Plan including level of service draft, citizen survey,
community meetings and adoption process.
1991 -2000 Spokane County Spokane, WA
Director of Parks and Recreation
II Responsible for the oversight and direction of a 6,000-acre park system,
which includes 4 swimming pools, a Senior Citizen's Center, 38 miles of
trails, 26 neighborhood, community, and regional parks and 1,500 acres of
conservation land.
II Administer a broad-based recreation program serving youth, adult and
senior populations at 48 Park and School District sites.
II Direct the preparation of park maintenance, administration, senior citizen,
capital improvement, recreation and land acquisition budgets totaling 5.3
million dollars.
III Responsible for long-range planning and site specific master plans for
development of the entire Spokane County Park System.
II Serve as secretary to the County Park Advisory Board and supervise the
work of 20 full time and 90 seasonal staff.
II Procured $5 Million of grant and foundation funding for park projects from
1993 to 1998 including $3 Million from Inter Agency Committee for Outdoor
Recreation. Funds were used to acquire parkland and build four
neighborhood/community parks.
II Formed public-private partnership to plan, develop and operate an 80 acre
youth sports complex. Second Phase construction is currently underway
using $800,000 of funds independent of local tax sources.
II Privatized management of a 200 acre County owned motor sports complex
at a ~ savings of $150,000 annually along with increased customer
satisfaction & attendance.
II Administer a $9 million countywide recreation and habitat land conservation
acquisition program.
1985 - 1991 City of Bellevue Bellevue, WA
Management Assistant II Parks and Community Development
Department
II Responsibilities included coordinating the department's Public Information
Program, and serving as staff liaison to the City Park Board including
agenda item preparation and issue analysis.
III Authored management plans for major Urban Park and facilities including
Bellevue's Downtown Park.
II Experience with print and electronic media. Developed informational
materials for successful $16.5 million 1988 Park and Open Space Bond
Issue.
II Team leader for citywide Neighborhood Enhancement Program, which
planned and completed $600,000 of local park, arterial and neighborhood
entry beautification projects developed with extensive citizen input.
II Principle organizer of the 1990 Washington State Recreation and Parks
Association Annual Conference in Bellevue, Washington.
1984 - 1985 City of Bellevue Bellevue, WA
Recreation Coordinator Parks and Community Development
Department
II Developed, managed and evaluated health, fitness and athletic program
including: dance, aerobics, judo, karate, weight training, distance running
fitness testing, and stress reduction.
II Coordinated community athletic evens such as the Bellevue Triathlon,
charity 1 OK and marathon races.
II Hired and supervised 20 instructors at multiple locations.
II Served as interim secretary to the Bellevue Arts Commission.
1983-1984 One Bellevue Center YMCA Belle vue, WA
YMCA Director
II Responsible for start up and administration of new YMCA Branch facility
including membership development promotion, programming, fundraising
campaigns.
II Marketed employee health promotion programs through public speaking at
down~own Bellevue corporations.
II Prepared budget and revenue projections, hired, trained and supervised
reception, program and maintenance staff.
II Developed customer service and employee participation programs.
EDUCATION
University of Oregon Eugene, Oregon
Bachelor of Science 1979
II University of Washington Dan Evans Public Sector -Executive Development
Program 2002
II National Recreation and Parks Association Executive Development School
Athens, Georgia 1989
II NRPA Park Maintenance Management School Port Townsend, WA1992
II NRPA Marketing School for Park and Recreation Cincinnati, Ohio 1988
CITY COUNCil 345 6th Street, Suite 600, Bremerton, WA 98337 0J Phone (360) 473-5280
DATE NOTICE ISSUED: APRil 18, 2006
You are hereby notified that the BREMERTON CITY COUNCil will hold a 10-minute
EXECUTIVE SESSION during the 5:00 to 5:30 PM PRE-COUNCIL SESSION on
WEDNESDAY. April 19. 2006, in the City Council Conference Room located on the
6th Floor of the Norm Dicks Government Center to discuss "LITIGATION" per
R.C.W. Chapter42.30.110 (1) (i).
(This portion of the meeting is not open to the public).
Signed this 18th day of April 2006
CITY COUNCIL MEETING
SPEAKERS LIST
PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF
BREMERTON MUST BE SUBMITTED IN WRITING.
THANK YOU.
PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO
SPEAK DURING THE COUNCIL MEETING TONIGHT
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26th Legislative District - Serving parts of Pierce and Kitsap Counties,
including Port Orchard, Gig Harbor, Key Peninsula, parts ofBremerton.
I am proud to represent the 26th District, which extends from the Tacoma Narrows
Bridge to Bremerton, including Gig Harbor, Key Peninsula, Port Orchard, and parts of
Bremerton.
While speaking with people in our area this past summer, I often asked them what they
thought were the biggest challenges facing our community and state.
Most of the answers I received dealt with one overriding theme: people in our
community want to get this economy moving again and want to expand the availability
of good local jobs.
Local job opportunities can help us support our families. Plus, as our economy
improves, job growth provides the resources we need to support our core priorities like
education, transportation, and improved access to health care.
We have to do better.
As your representative here in Olympia, I am committed to improving our business
climate and helping our hometown employers. My main focus will be on:
· Helping our employers find the skilled workforce they need to succeed
· Fighting for our share of transportation dollars (for our ferries, SR 16, and other
critical projects)
· Helping employers provide affordable healthcare to Washington families and
individuals
· Enhancing economic development efforts to attract and keep the best jobs
around.
I hope you find this website helpful and look forward to hearing your thoughts on these
and other issues. Please feel free to contact me anytime.
Sincerely,
Rep. Derek Kilmer
How to reach me
~,.*.~~".
2 6th Leg:islative District
District Office:
3208 50th St. Ct.
Suite 105-A
Gig Harbor, WA 98335
Ph: (253)858-6716
Olympia Office:
P.O. Box 40600
430 John L. O'Brien Building
Olympia,W A 98504-0600
Ph: (360)786-7802
Email: kilmer.derek@le2:.wa.2:ov
Form mail: Messa2:e for Rep. Kilmer
Toll-free Hotline: 1-800-562-6000
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BILL # U ~ -07?t
DATE SUBMITTED:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5~
.......................................................................................,
SUBJECT:
Claim & Checks Register Approval
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
L!-/9-0(;
Financial Services
Cathy Johnson
SUMMARY:
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS: /
COUNCIL PRESIDENT: ~~r;;~
RECOMMENDED MOTION: Move to approve: .
I CONSENT AGENDA IS] I
1) Check #'s 307?oo - ~;)75?0, D
EFT's :1'11;;( ~ ~?1')/. 57.r.?- ~S7
Si'f,Cft' f?L _ _ _ ~ / $ nr;) 03'9. 3.:L
2) Regular Payroll for
$
3) Retiree Payroll for
$
COUNCIL ACTION: <<APprove 0 Deny 0 Table
o Continue 0 No Action
DATE SUBMITTED: 4/(4/0 &
BILL # t)&; - 07("
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
se
............D.........a..8..................a.~....a....................................
SUBJECT: Minutes of Meeting -
rY\ o..rch 15 f 200 G.?
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
N/A
A ~r~\ . (<11 'd-oo (0
Ci y Council
Cecil McConnell,
Council President
(360) 473-5280
Phone:
SUMMARY:
Attached are the meeting minutes for the Council Meeting held r'Vlctrch.. I 5 I 200 ~
ATTACHMENTS: Meeting Minutes forM o...V'dt IS J 200 b
FISCAL IMP ACTS (Include Budgeted Amount): None
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
I
CONSENT AGENDA ~ I
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to pass the CONSENTAGENDA as presented,
COUNCIL ACTION: IX1 ApoHiVe "--'L'! Deny "L i Table
!L.::J, _.' ...J
n Continue I'--J' No Action
L._!
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, March 15, 2006
The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council
Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington,
Wednesday, March 15, 2006, at 5:30 PM, with Council President Cecil McConnell presiding. Council
members present were Nick Wofford, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd,
Wendy Priest, Adam Brockus, and Brad Gehring. Also present were City Attorney Roger Lubovich, City
Clerk Paula Johnston, and Council Assistant Christine Grenier.
The Pledge of Allegiance was led by Council Member Brad Gehring followed by the invocation
provided by Retired Pastor G.T. Johnson formerly of Brownsville United Methodist Church and served
as a missionary for 40 years in India.
President McConnell announced the following:
o A Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 PM; and
. Citizens were informed that they could receive information on upcoming Council meetings on the
City's website at \NY""\I.cLbremel!QrLwa.u~; or by calling the Council Office at (360) 473-5280.
MAYOR'S REPORT
. Presented the "Employee Appreciation Award' for the Month of March 2006 to Dave Bovnton
of the Municipal Court Department for his efforts in running the United Way Campaign for the last
2 years and for serving on the Parks and Recreation Commission for the last 6 years.
o Announced that the City will be presenting a report on our revitalization projects during the Urban
Land Conference on April 10th at the Grand Hyatt Hotel in Seattle; and will make a presentation
on April 13th to the Commercial Real Estate Women of Seattle at the Washington Athletic Club;
o Was pleased that the Kitsap Boys and Girls Club is in the process of relocating to the Naval
Avenue Elementary School;
. Announced~that the Grand Re-Opening Ceremony of the Martin Luther Kin, Jr. Library will be
held on April ih;
o Mentioned that he will attending a Mayor's Dinner on April 28th at Bainbridge Island;
. Will be sitting in on Interviews for Parks and Recreation Director candidates on Friday, March 17
and will be requesting that Council Members take part in the final phase of the interviews;
III Offered his support for the Critical Areas Ordinance and hoped growth could be accomplished
but not at the expense of the environment.
PUBLIC RECOGNITION & SERVICE ANNOUNCEMENTS - "A Call to Citizens..."~
President McConnell announced that the IRS and AARP are sponsoring tax-preparation workshops.
For more information people may contact Don at (360) 377-8191 for more information and locations of
workshops; and military personnel and their families may contact the Department of Defense with their
tax questions by calling (800) 342-9647.
CONSENT AGENDA
A. Check Numbers 306676 through 306961; and EFT-888S through EFT-8B90 in the amount of
$963,395.32; (#AB06-048)
B. Minutes of Meeting - March 8, 2006 (#AB06-049)
C. Professional Services Agreement with the Law Office of DAVID P. HORTON, iNC. P.S. for Legal
Services (#AB06-050)
There were no other comments from the public.
City Council Reg. Mtg. Minutes
Wednesday, March 15, 2006
Page 2 of 5
5:43:28 M/S/C/U (Priest/Arends) Move to approve the Consent Agenda as presented.
SA - PUBLIC HEARING AND ORDINANCE NO. 4965 REPEALING AND REPLACING CHAPTER
20.14; AND AMENDING CHAPTERS 20.02 AND 17.60 FO THE BREMERTON MUNICIPAL CODE.
ALL RELATiNG TO CRITICAL AREAS REGULATIONS (#AB06-051): Andrea Spencer, Department of
Community Development, summarized that the action before the Council is to conduct a public hearing
and adopt an ordinance for the update of the City's critical areas regulations. She added that areas
under consideration include wetlands, aquifers, frequently flooded areas, geologic hazards, and fish and
wildlife habitat; and outlined suggested amendments made by Council Members.
Helen Miller asked Council Members to exercise caution in passing laws that may impact property
rights.
Art Castle believed that the changes wiU allow low impact development that will be mindful of the
environment.
Mr. lubovich emphasized that the hearing will remain open until all discussion on amendments has
concluded.
The Main Motion was made at 5:51:35 but discussion continued...
5:42:47 Amendment #A - M/S/C/U (Brockus/Maupin) Move to add definition for "Danger Tree" to the
Definitions Section 21.14.200: "A tree that is dead or is so affected by a significant structural defect or
disease that falling or failure appears imminent, or a tree that impedes safe vision or traffic flow, or that
otherwise is currently poses a threat to life or property".
There were no comments from the public.
5:56:17 Amendment #B - M/S/C/U (Brockus/Arends) Move to revise language in 20.14.630 (f) (4) Tree
Topping, to add the final sentence: "When tree topping is used in a geologically hazardous area, the root
system shall remain in place".
There were no comments from the public.
6:02:11 Amendment #C - M/S/C/U (Brockus/Shepherd) Move to revise language in Section 20.14.660
(e){1 )(iii), Geotechnical Reports, pertaining to information required for report submittal: "Contour maR
and site plan, and the Department may require ground surface profiles and typical cross sections".
There were no comments from the public.
6:03:34 Amendment #D - M/S/C (Brockus/Arends) Move to add the word "surface" to the Geologically
Hazardous Areas Section 20.14.630 (i) so the first sentence reads: "At no time shall concentrated
stormwater runoff be allowed to surface flow directly over a moderate or high geologically hazardous
area..."
There were no comments from the public.
Voted in favor of Motion: Robinson, Arends, Maupin, Wofford, Brockus, Priest, and Shepherd,
McConnell
Voted opposed to Motion: Gehring
Motion carried: 8-Yes; 1-:No
6:11 :10 Amendment #E - M/S/C/U (Brockus/Shepherd) Move to add the words to Section 20.14.730 (d)
"And associated" so the title reads "Buffers And Associated Building Setbacks"; To Section 20. 14.730(d)
(5) Buffer Reduction, add the words "and building setbacks" so the first sentence reads "Buffers and
building setbacks" may be reduced; To Section 20.14.740 (a) under Special Reports, add the words
"and building setbacks" after "buffer width" in the first sentence, and after "habitat buffers" in the second
City Council Reg. Mtg. Minutes
Wednesday, March 15, 2006
Page 3 of 5
to last sentence; and direct staff to ensure that all Sections of the code allow for reductions to both
setbacks and buffers through special reports.
Jeffrev Hecker clarified how these changes would affect setbacks to waterfront development. Mr.
Hugo stated that the there are provisions in the municipal code to mitigate his concerns. Mr. lubovich
added that there the ordinance states that property owners will have reasonable use of their property.
Bob Willard asked what effects these changes would have on reconstruction or rebuilds. Mr. Hugo
responded that there is the potential to rebuild on the same footprint, but not the ability to build out.
Mr. Maupin asked if there is a precedent to reduce the buffer. Ms. Spencer answered that shoreline
habitat is already impacted when a bulkhead is in place. It would be unclear on whether building a
house further back would improve the condition of the impact.
Mr. Brock:us added that a provision has been included for 15-foot building setbacks and the option for
the setback to be altered.
6:24:47 Amendment #F - M/S/C/U (Brockus/Gehring)
There were no comments from the public.
6:26:05 Amendment #G - M/S/F (Gehring/Brockus) Move to add the word "commercial" to vehicle repair
and servicing to Section 20.14.440 (b) (3).
There were no comments from the public.
Voted in favor of the Motion: Gehring, Brockus, Robinson
Voted opposed to Motion: Wofford, Priest, Shepherd, Arends, Maupin, McConnell
Amendment Failed: 3-Yes; 6-No
6:36:15M/F Amendment #H (Gehring/) Move to change 10 feet to 20 feet in Section 20.14.620 (a) (1),
(a) (2), (b), and (c) (2) regarding geohazardous areas.
Motion died due to a lack of second.
6:36:50 M/F Amendment #1 (Gehring/) Move to change Ns water type buffer standards from 35 feet to
25 feet in Section 20.14.730 - Table 1.
Motion died due to a lack of second.
Mr. Shepherd asked if we could revisit these issues at a later time. Mr. Hugo provided assurance that
they may look at concerns raised by Council and seek guidance from the Planning Commission on how
they arrived at their recommendations.
Mr. Gehring agreed with Ms. Miller's comments on protecting individual rights.
Mr. Hecker recommended that Council table this issue for further study since the changes could result
in significant costs to homeowners who wish to make improvements to their homes.
Mrs. Miller supported issues raised by Mr. Gehring and agreed that additional study is needed.
Mr. McConnell asked how much leeway would be for buffers that is not already in the ordinance itself;
and asked how much discretion does the Council have in changing the buffers. Mr. Huao emphasized
that this may open up issues to appeals. If there are substantive changes then the ordinance could go
back to the Planning Commission for additional review. A delay in passage may mean that the City may
lose eligibility for grant funding. Mr. McConnell also expressed his concerns over a suggested 200-foot
setback on Type I Wetlands.
Mrs. Priest asked how much funding could be lost jf the ordinance were not adopted. Mr. Hugo
answered that 8.5 million in grant funding is at stake.
City Council Reg. Mtg. Minutes
Wednesday, March 15, 2006
Page 4 of 5
Ms. Robinson asked about frequent flooded areas and what criteria are used. Ms. Spencer replied
flood maps from FEMA.
Mrs. Priest did not want to jeopardize funding by continuing discussion, and hoped that Council would
consider forming a balance between the environment arid property rights.
Mr. Hugo commented that April 1st is the deadline to apply for grants and we would need the ordinance
implemented this week to meet that deadline.
Mr. Brockus and Mr. Shepherd supported having further discussion on unresolved issues.
6:51 :38 M/S/F (Gehring/Robinson) Move to postpone the main motion and to continue the public hearing
for Ordinance No. 4965 to March 22, 2006.
Voted in favor of Motion: Gehring, Robinson
Voted opposed to Motion: Brockus, Priest, Shepherd, Arends, Maupin, Wofford, McConnell
Motion failed: 2-Yes; 7-No
6:56:49 M/S/C (Arends/Brockus) Move to pass Ordinance No. 4965 updating the Critical Areas
regulations to include Best Available Science.
There were no comments from the public.
Voted in favor of Motion: Brockus, Priest, Shepherd, Robinson, Arends, Maupin, Wofford, McConnell
Voted opposed to Motion: Gehring
Motion carried: 8-Yes; 1-No
7A - ORDINANCE NO. 4963 AMENDING SECTION 2.16.020 OF THE BREMERTON MUNICIPAL
CODE RELATING TO FIRE MARSHALL (#AB06-052): Roger lubovich, City Attorney explained that
the current provisions of Section 2.16.020 of the Bremerton Municipal Code (BMC) provide that the Fire
Chief shall serve as the Fire Marshall pursuant to the terms of the City Charter. The City Charter was
amended to remove the provisions relating to the Fire Marshall referenced in BMC Section 2.16.020.
The proposed ordinance updates the provisions of BMC Section 2.16.020 to remove the reference to the
City Charter.
There were no comments from the public.
6:58:55 M/S/C/U (Brockus/Robinson) Move to pass Ordinance No. 4963 amending Section 2.16.020 of
the Bremerton Municipal Code.
78 - ORDINANCE NO. 4964 REPEALING AND REPLACING CHAPTER 1.06 OF THE BREMERTON
MUNICIPAL CODE RELATING TO DISCLOSURE OF PUBLIC RECORDS; AND AMENDING
CHAPTER 3.01 RATE TABLE A Of THE BREMERTON MUNICIPAL CODE RELATING TO RATES
AND FEES FOR FINANCIAL SERVICES (#AB06-053): Roger lubovich, City Attorney, stated that the
current provisions of Chapter 1.06 of the Bremerton Municipal Code do not contain procedures for
responding to requests for public records. The proposed ordinance establishes procedures for
responding to requests for public records and updates the rates and fees charged for public records. He
also clarified that rates for medical reports from the Fire Department are set by RCW 70.02.010(12) and
that change is noted on Rate Table A.
There were.no comments from the public.
7:05:42 M/S/C/U (Arends/Maupin) Move to pass Ordinance No. 4964 repealing and replacing Chapter
1.06 of the Bremerton Municipal Code (BMC) relating to public records; and amending BMC Chapter
3.01 Rate Table A relating to rates and fees for Financial SerJices as amended.
City Council Reg. Mtg. Minutes
Wednesday, March 15, 2006
Page 5 of 5
Voted in favor of Motion: Shepherd, Robinson, Arends, Maupin, Wofford, Gehring, Priest, McConnell
Voted opposed to Motion: Brockus
Motion carried: 8-Yes; 1-No
Council Member Reports
Nick Wofford encouraged the public to volunteer for Habitat for Humanity projects.
Will Maupin discussed the Vision 2020 Plan and how urban growth areas may be used to incorporate
projected population growth; and met with Housing Authority members to improve communication
between City Council and the Housing Authority Board, and received a briefing on proposed
redevelopment of Westpark; and attended a meeting with Port Orchard City Council.
Carol Arends attended a Kitsap Regional Coordinating Council meeting yesterday, and thanked Chris
Hugo and Planning Commissioners for their presentation on expected growth in Bremerton.
Dianne Robinson attended the "Farewell to Olympic Elementary School" event on Saturday; and
mentioned that during a Kitsap Health Board meeting attendees discussed the 25 foot rule as it relates
to the recently passed Initiative 901.
Mike Shepherd thanked people for their support during his illness; and announced that he will be
hosting a neighborhood meeting next week to discuss how to provide meals for homeless people.
Adam Brockus enjoyed attending the Red Cross breakfast last Thursday and seeing all of the heroes
that are here in our own community.
Brad Gehring thanked Department of Community Development staff Andrea Spencer, Geoff Wentlandt,
Nicole Ward, and Chris Hugo for working with him on his concerns, and hopes aggressive amendments
will be brought forward. He thought it was nice to go to restaurants without the smoke, but also
observed the apparent loss in business; and lastly, wished Lowell Yoxsimer of Hi-Lo's Restaurant a
speedy recovery from a ladder accident.
Suzanne Griffin presented a plaque to the City of Bremerton in appreciation for support of Brain
Trauma fundraising events.
With no further business, President McConnell adjourned the meeting of the City Council at
7:20 PM.
Prepared and Submitted by:
CHRISTINE GRENIER
Council Assistant
Attest:
PAULA JOHNSTON, City Clerk
CECIL McCONNELL, City Council President
CM/PJ/ls/cg
DATE SUBMITTED: L.{ Ji 4/ D0
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL # _DG- 07 t;;
5C
...............................a....~......................D...................~....D...
SUBJECT: Minutes of Meeting -
met V'ch :2.::2. I 2000
Committee Meeting Date:NI A
COUNCIL MEETING Date: A p'r\ \ \ <"1 I '2..0 <::> <R
Department: City Council
Presenter: Cecil McConnell,
Council President
Phone: (360) 473-5280
SUMMARY:
Attached are the meeting minutes for the Council Meeting held Mo... rc.h. 2'2, 2-00 <0
A TT ACHMENTS: Meeting Minutes for .Jv\J'J..* 22 J 200 (0
FISCAL IMPACTS (Include Budgeted Amount): None
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERATIONS: ,
., ,,- .' ,/.'.-" ,--' ./-/
""~ . h; ;' " <.-1 /Y /
CO lJN CIL PRESIDENT: ".6~:~:L;:,~1(;(.':,~:2:;j';~..'y' -:!.:t,:~p;~/t:<:;..;.J.
RECO:MMENDED MOTION: Move to p;~s the CONSENT AGENDA as presented,
I CONSENT AGENDA rsJ
I
L--.
COUNCIL ACTION: !Sl Approve D Deny 0 Table
o Continue 0 No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, March 22, 2006
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton,
Washington, Wednesday, March 22, 2006, at 5:30 PM, with Council President Cecil McConnell
presiding. Council members present were Nick Wofford, Will Maupin, Carol Arends, Dianne
Robinson, Wendy Priest, Adam Brockus, and Brad Gehring. Council Member Mike Shepherd
was absent. Also present were City Attorney Roger Lubovich, City Clerk Paula Johnston, and
Legislative Assistant Lori Smith.
The Pledge of Allegiance was led by Council Member Brad Gehring followed by the
invocation provided by Pastor Butch Hall of Kitsap Lake Baptist Church.
President McConnell
· Thanked Winston Donahue for the camera work he provides working with BKA T; and;
· Announced that a Pre-Council Session was held in Council Conference Room 603 from
5:00 to 5:30 PM; and included a 20-minute Executive Session to Review Labor Negotiations
per RCW 42.30. 140(4)(b).
PUBLIC RECOGNITION & SERVICE ANNOUNCEMENTS - IIA Call to Citizens... 11
Susan Brown stated the Manette Community Church has been in contact with a number of
social services providers through the One Church One Family organization, and would like to
invite citizens to attend a free one-hour class with the Red Cross to prepare for emergency
management situations on April 1 at the Manette Community Church from 9:30 AM to 2:00 PM.
Caroline Pierce provided photos of other communities where condominiums were blended into
older neighborhoods, and emphasized that similar development would destroy the character of
the Highland and Pleasant neighborhoods.
Donald Smithhisler complimented the Planning Commission and City Council for their
attention to the design guidelines, and for lowering the height from 120 feet to 60 feet.
CONSENT AGENDA
A. Check Numbers 306962 through 307104; and EFT-8891 through EFT-8895; EFT-8897
through EFT-8904; and 8896P in the amount of $860,342.82; and Regular Payroll for the
period ending March 15, 2006 in the amount of $624,449.14 (#AB06-054)
B. Collective Bargaining Agreement between the City of Bremerton and the Bremerton Police
Officers Guild (#AB06-055)
There were no other comments from the public.
5:37:08 M/S/C/U (Priest/Arends) Move to approve the Consent Agenda as presented.
With no further business, President McConnell adjourned the regular business meeting of the
City Council at 5:38 PM.
The Council Members remained in the Chambers to begin the Study Session with a Power
Point presentation by Michael Mecham, City Engineer, on the "Proposed Change-in Use and
Future Sale of City Parks Property located at 1109 Warren Avenue; and Demolition of the
Current Structure".__
City Council Reg. Mtg. Minutes
Wednesday, March 22, 2006
Page 2 of 2
President McConnell announced that no action by the Council or public comment would be
taken on this item tonight, but there would be an opportunity at one of the two upcoming Public
Hearings scheduled April 5 and 19, 2006.
The Council then reconvened back in the Council Conference Room on the 6th Floor to hear
presentations on the remaining items of the STUDY SESSION agenda.
Prepared and Submitted by:
LORI SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, City Clerk
CECIL McCONNELL, City Council President
CM/PJlls/cg
DA TE SUBMITTED: ~ ./1 LJ I 00
BILL #
(~',I _" -, -:
hI,) V! I
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5t>
........................................................................................
SUBJECT: Minutes of Meeting -
1M. ~ V'c..k. 2., cr ) '100<0
Committee Meeting Date: N/ A
COUNCIL MEETING Date: l~P1'"~ \ \ q I 2-0 (:) <:0
Department: City Council
Presenter: Cecil McConnell,
Council President
Phone: (360) 473-5280
SUM~IARY:
Attached are the meeting minutes for the Council Meeting heldMClY'c-k 2.....'1 << 2.00 (b
ATTACHMENTS: Meeting Minutes for M C\.~ 2-<1\ I :2..-00 ~
FISCAL IMP ACTS (Include Budgeted Amount): None
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
I ~
I CONSENT AGENDA [2J I
- ,
I
,~ec2~;~'i,:I':'??~:,:j:;~.,~t..?,;f.i~{;<~:J7
RECOIVIMENDED MOTION: Move to pass the CONSENT AGENDA as presented.
COUNCIL ACTION: IS] Approve U Deny D Table
o Continue lJ No Acticn
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, March 29,2006
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton,
Washington, Wednesday, March 29, 2006, at 5:30 PM, with Council President Cecil McConnell
presiding. Council members present were Nick Wofford, Will Maupin, Carol Arends, Dianne
Robinson, Mike Shepherd, Wendy Priest, and Brad Gehring. Council Member Adam Brockus
was absent. Also present were City Attorney Roger Lubovich, City Clerk Paula Johnston, and
Legislative Assistant Lori Smith.
The Pledge of Allegiance was led by Council Member Brad Gehring followed by the
invocation provided by Pastor Scott Shaw of Bremerton First Church of the Nazarene.
President McConnell
. Announced that a Pre-Council Session was held in Council Conference Room 603 from
5:00 to 5:30 PM;
. Stated that under the Consent Agenda, Item 4F was pulled, and Item 41 was added; and
under General Business, Item 5A was pulled.
., Reminded the public that for more information on IRS and AARP sponsored tax preparation
workshops, they may contact Don at (360) 377-8191 or for military personnel, they may
contact (800) 342-9647.
PUBLIC RECOGNITION & SERVICE ANNOUNCEMENTS - "A Call to Citizens..."
Council Member Wendy Priest presented a Proclamation on behalf of Mayor Bozeman and
the City of Bremerton, to proclaim the Month of April 2006 as "Child Abuse Prevention
Month"; with the proclamation accepted by Verna Rae Oraker of Kitsap Community
Resource's Parenting Place.
Council Member Brad Gehring offered condolences to family and friends of "Admiral Ross"
who recently passed away; and announced that Bremerton residents may dispose of yard
waste for free during Annual Spring Cleanup on Monday, April 17 to Saturday, April 22,2006
between the hours of 10:00 AM to 6:00 PM at the Public Works & Utilities Operations Center
located at 100 Oyster Bay Avenue. For more information, please contact (360) 473-5920.
""
~
'-
City Attornev Roger lubovich stated that negotiations are underway to find a satisfactory
resolution to the proposed sale of the property at 1009 Warren Avenue.
Christina Kindt and Cynthia Bate each read statements asking that the City not tear down the
building for the Girl Scouts and Camp Fire Girls & Boys;
The following Girl Scouts asked Council Members to not tear down the "Girl Scout Hall" at 11th
& Warren Avenue: Mikie Batson; Tavlor Moore; Olivia Bright; laura Bate; Ahneisha
Ellison; Mikavla Johnson; Emilv Dixon; Dawneisha Ellison; Que'Neshia Cox; Sherri
Johnson; Hannah Dixon; and Krista Flanniaan.
Pastor Dennis Payne of Ebenezer A.M.E. Church also asked that the City not tear down the
"Girl Scout Hall"; but also wanted confirmation that Item 5A, to purchase the PUGET SOUND
ENERGY parking lost, was pulled from the agenda.
Don larson announced the 16th Annual Sinclair Inlet Clean-Up will be held on Saturday, April
15, volunteers may meet at the boardwalk at 10:00 AM; and volunteers are needed for a tree
pl(3nting project to be held on Saturday, April 29th at the Warren Avenue Bridge.
City Council Reg. Mtg. Minutes
Wednesday, March 29,2006
Page 2 of 3
Shane Schrodt read a letter to defend the actions by developers for projects of the Highland
and Pleasant Avenue neighborhoods.
CONSENT AGENDA
A. Check Numbers 307105 through 307341; and EFT-8905 through EFT-8911 in the amount
of $802,222.65 (#AB06-056)
8. Appointment of Matthew Keough and Joan Dingfield; and Reappointment of Steve Corda
and Douglas Groneman to the Parks and Recreation Commission (#AB06-057)
C. Appointment of John Ales; and Reappointment of Holly James to the Civil Service
Commission (#AB06-058)
D. Reassignment of Police Officer to an Operations Sergeant in the Bremerton Police
Department (#A806-059)
E. 2006 Kitsap Physicians Service (KPA) Contract Approval (#AB06-060)
F. Public Safety Bond Issue Professional Services Agreement with Ar:Ji Jackson Ellison
Murakami LLP for Architectural and Engineering Services for new Municipal Court Building
(ft AB06 061) Item was pulled from the agenda.. .
G. Resolution No. 2989, authorizing retroactive application of salary adjustments for certain
Management and Professional Employee Positions (#AB06-062)
H. Resolution No. 2990, authorizing a 1 % cost-of-living adjustment for the Mayor and all
Management and Professional Employee Classifications (#AB06-063)
I. Resolution No. 2992, authorizing the Redevelopment Project Administrator of Economic
Development to apply for Grant Funding the Community Economic Revitalization Board -
Job Development Fund Program (#A806-066)
There were no other comments from the public.
5:55:35 M/S/C/U (Priest/Arends) Move to approve the Consent Agenda as presented.
6A PURCHASE OF PUGET SOUND ENERGY 17.550 SQUARE FOOT PARKING LOT AT
4O+H AND PARK FOR A NEW MUNICIPAL COURT FACILITY (#AB06 0&4); Item was pulled
from the agenda...
58 - ORDINANCE NO. 4966. AMENDING CERTAIN CHAPTERS OF TITLE 2 OF THE
eREMERTON MUNCIPAL CODe (eMC) RELATING TO REORGANIZATION OF FINANCIAL
SERVICES AND HUMAN RESOURCES DEPARTMENT; AND 2006 BUDGET ADJUSTMENT
IN ACCORDANCE WITH THESE ORGANIZATIONAL CHANGES. AND CHANGING THE
POSITION OF DIRECTOR OF HUMAN RESOURCES TO MANAGER OF HUMAN
RESOURCES PER THE REVISED 2006 MANAGEMENT SALARY PLAN (#A806-065):
Roaer lubovich, City Attorney, summarized that staff are recommending amendments to Title
2 Bremerton Municipal Code (BMC) relating to the reorganization of certain offices in order to
obtain more efficiency in the provision of administrative services of city government. The
recommended change includes moving Human Resources and the Risk Management functions
into the Financial Services Department; and changing the "Director of Human Resources"
position to "Manager of Human Resources", and authorization to move departmental budgets to
align with the organizational change.
There were no comments from the public.
City Council Reg. Mtg. Minutes
Wednesday, March 29,2006
Page 3 of 3
Mr. Maupin offered his support for good management decisions and thanked the department
heads for their cooperation.
5:58:43 M/S/C/U (Arends/Shepherd) Move to pass Ordinance No. 4966 amending Title 2 of the
Bremerton Municipal Code relating to reorganization of certain offices; and Move to approve
amendment of the adopted 2006 budget to move budgets in accordance with the organization
changes in Ordinance No. 4966 and changing the position of Director of Human Resources to
Manager of Human Resources per the attached revised Management Salary Plan 2006.
With no further business, President McConnell adjourned the regular business meeting of the
City Council at 6:00 PM. The Council then reconvened in the Council Conference Room on the
6th Floor for a STUDY SESSION to hear presentations on upcoming agenda items.
Prepared and Submitted by:
LORI SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, City Clerk
CECIL McCONNELL, City Council President
CM/PJ/ls/cg
DATE SUBMITTED: 4-13-06
BILL # 00- tJ70
AGENDA BILL
CITY OF BREMERTON
CITY COuNCIL
SE
........................................................................................
SUBJECT: 2005 -Collective Bargaining
Agreement between the City and IAFF Local
#437
Executive Session Date: 3-22-06
COUNCIL MEETING Date: 4-19-06
Department: Human Resources
Presenter: Carol Conley, HR
Manager
Phone: 473-5347
SUMMARY: Pursuant to RCW 41.56, negotiations have concluded between representatives of the
City and IAFF Local #437 resulting in the attached Collective Bargaining Agreement (CBA). These
negotiations have been discussed with Council in Executive Session. This CBA replaces the current
one that expired on December 31, 2004. The new CBA is for a one (1) year term, beginning January
1, 2005 through December 31, 2005. It was ratified by the IAFF membership on April 4, 2006.
Council approval is required to implement this agreement.
ATTACHMENTS: Proposed 2005 Collective Bargaining Agreement between the City and IAFF
Local #437
FISCAL IMP ACTS: There are sufficient funds set aside in the 2006 budget to cover the cost of the
proposed contract. A budget adjustment to reallocate the labor costs from the General Fund
Miscellaneous Non-departmental budget (set aside for Labor) to the Fire Department is required.
FISCALIBUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
I CONSENT AGENDA X I~_/
/'A. "'~d4
~- ~-,~ -4:> ,,-
RECOMMENDED MOTION: Motion to approve the Collective Bargaining Agreement by and
between the City and IAFF Local #437, January 1, 2005 through December 31, 2005 and make the
necessary amendments to the budget.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN
CITY OF BREMERTON
AND
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 437
JANUARY 1, 200~~ THROUGH DECEMBER 31, 200~4
2005 IAFF Contract for ratification
T ABLE OF CONTENTS
TO THE
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN
CITY OF BREMERTON
AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437
JANUARY 1, 200~~ THROUGH DECEMBER 31, 200~4
PREAMB LE ..................,........................................................................... ............................. ........4
ARTICLE 1
NON-DISCRIMINATION....... ............ .............................. ........ ........ ........4
ARTICLE 2
RECOGNITION ....................... .......... ............................... ...... ..... ..............4
ARTICLE 3
UNI ON DUE S ............................................................................................ 5
ARTICLE 4
UNION ACCESS................. ..... ... ......... .......... ........... .......... ........ ....... ........5
ARTICLE 5
WAGES ...................................................................................................... 6
ARTICLE 6
HOURS OF WORK..... .............. ..................... ............................. ...............9
ARTICLE 7
OVERTIME............................................................................................. 1 0
ARTICLE 8
VACATION LEAVE............................................................................. ..13
ARTICLE 9
HOLIDAyS........................................................................................... ..16
ARTICLE 10
SICK LEAVE AND INDUSTRIAL DISABILITY ................................17
ARTICLE 11
OTHER LEAVE ............................. ................................... ..................... .21
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 31, 2005
PAGE 2
2005 IAFF Contract for ratification
ARTICLE 12
ARTICLE 13
ARTICLE 14
ARTICLE 15
ARTICLE 16
ARTICLE 17
ARTICLE 18
ARTICLE 19
ARTICLE 20
ARTICLE 21
ARTICLE 22
ARTICLE 23
ARTICLE 24
ARTICLE 25 '
ARTICLE 26
ARTICLE 27
ARTICLE 28
APPENDIX A
RETIREMENT BENEFITS........ .......... ... ....... ........ ........... ......... .... ..... ....22
INSURANCE BENEFITS................... ............ ...... .... .............. .............. ..23
CLOTHING AND UNIFORM CLEANING ALLOWANCE ................24
PERSONNEL PRACTICES.... ............. ............. .... ........... ........ ...;.......... .24
PROMOTIONAL EXAMS ........ .... ................ ........ .......... ..................... ..26
GRIEVANCE PROCEDURE... .......................................................... .....29
SEVERABIL TY ................. ............... ............................ ............. .............31
ENTIRE AGREEMENT.. .......... ................... .................... .................... ...31
CONFLICTING PROVISIONS ........ ....................... .................. ........... ..31
DRUG FREE WORKPLACE...... ................ ..................... .......................31
DEFERRED COMPENSATION ...... ............................... ........... ........ .....36
LABOR MANAGEMENT COMMITTEE...................... .......... .............37
TEMPORARY FIREFIGHTER PROGRAM .........................................37
PHYSICAL FITNESS PROGRAM........................................... .............37
TOBACCO FREE WORKPLACE........................ ............ ............ ..... .....3 7
DISCIPLINARY ACTION..... ........... ........... ...........................................37
TERM .. ...... ... .... ...... ........ .... ....... ....... ... ........... ........ ........... .................... ..38
.. . . .. . .. . .. . .. .. .. .. .. ... .. .. . . . .. . .. .. . .. .. .. . . .. . .. .. .. . . .. .. .. . .. . .. . .. . . .. . .. .. .. .. . . . . .. . .. . . .. .. .. .. . . . .. .. 39
PAGE 3
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 31, 2005
2005 IAFF Contract for ratification
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN
CITY OF BREMERTON
AND
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437
January 1, ~200S through December 31, W04200S
PREAMBLE
This Agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by
and between the City of Bremerton, a municipal corporation of the State of Washington,
hereinafter known as the "City", and the International Association of Fire Fighters, Local No.
437, hereinafter known as the "Union" for the purpose of setting forth the wages, hours and
working conditions which shall be in effect during the term of this agreement for employees
iIlcluded in the bargaining unit described in Article 2 below.
ARTICLE 1 NON-DISCRIMINA TION
1.1 NON-DISCRIMINATORY APPLICATION: The provisions of this Agreement
shall be applied equally to all employees in the bargaining unit without
discrimination as to age, sex, marital status, race, color, creed, religion, national
origin, political affiliation, mental, physical or sensory disability , unless based
upon a bona fide occupational qualification.
1.2 DISCRIMINATION ALLEGATIONS: An employee who believes that he or she
has been the subject of unlawful discrimination prohibited in Section 1.1 above
shall seek relief through the appropriate local, state, or federal agency charged with
investigating such matters, and shall not process such complaints through the
Grievance Procedure of this Agreement.
1.3 NON-DISCRIMINATION - UNION ACTIVITY: The provIsIOns of the
Agreement shall be applied equally to all employees in the bargaining unit without
discrimination as to Union affiliation or activity or lack thereof. The City and the
Union shall each be responsible for complying with this provision. An employee
who believes that he or she has been subject to discriminatory treatment prohibited
by this provision may process such an allegation through the Grievance Procedure
of the Agreement.
ARTICLE 2 RECOGNITION
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January], 2005 -December 31,2005
PAGE 4
2005 IAFF Contract for ratification
2.1 The City recognizes the Union as the sole and exclusive bargaining representative
for the purpose of negotiations concerning wages, hours and working conditions for
all employees in classifications set forth in Appendix A, and such classifications as
may be added to the bargaining unit during the term of this Agreement by mutual
agreement of both parties.
ARTICLE 3 UNION DUES
3.1 DUES DEDUCTIONS: The City will deduct monthly Union dues and initiation
fees uniformly required of membership from the pay of those employees who
provide written authorization to the City to make such deductions. The City will
transmit the total amount of deductions to the Treasurer of the Union.
3.2 DURATION OF AUTHORIZATION: Written employee authorizations will
remain in effect during the term of this Agreement unless an employee revokes
authorization by providing thirty (30) days written notice to the City and the Union.
3 .3 EQUIVALENT DUES PAYMENT: An employee who revokes his or her written
authorization to deduct dues or who refuses to join the Union shall contribute an
amount equivalent to regular Union dues and initiation fees to a non-religious
charity or to a religious organization mutually agreed to by the Union and the
employee. The employee shall provide written evidence to the Union that such
contributions have been made.
3.4 INDEMNIFICA TION: The Union shall indemnify and hold the City harmless
from any and all liability resulting from the administration of this Article.
ARTICLE 4 UNION ACCESS
4.1 CONDUCT OF UNION BUSINESS: Union business, such as handling
grievances and other legitimate routine matters, may be conducted on Fire
Department premises, provided that such business does not interfere with Fire
Department operations and is authorized by the Fire Chief. Scheduled Union
meetings may be held in Fire Department facilities provided that such meetings do
not interfere with Fire Department operations.
4.2 UNION REPRESENT A TIVES: The Union shall provide written notice to the
City of the names of the officials authorized to represent the Union immediately
upon their election or appointment. The City will provide reasonable access to City
premises to such authorized representatives for the purpose of handling grievances
and other legitimate Union business, provided that such access does not interfere
with the work and duties of Union employee representatives or other on-duty
employees.
4.3 UNION REPRESENTATIVES RELEASE TIME: The Fire Chief or designee
shall grant the three (3) primary Union officers time off with pay pursuant to
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 31,2005
PAGE 5
2005 IAFF Contract for ratification
Section 4.2, not to exceed 72 hours each, annually, for the following meetings and
conferences:
WSCFF Legislative
WSCFF Spring Education Seminar
WSCFF Annual Convention
IAFF Bi-annual Conference (President only)
4.4 UNION BULLETIN BOARDS: The City will permit the Union to place one (1)
bulletin board for Union use at a designated location at each fire station. No
materials shall be posted except notices of meetings and elections, results of
elections, changes in Union bylaws, notices of employee social occasions and
similar Union notices, letters, and memoranda. The City shall provide a designated,
mutually agreeable accessible and convenient location for installation of bulletin
boards at each fire station. The Union will purchase uniform, jointly specified
bulletin boards for each station. The bulletin boards will be for the exclusive use of
the Union. Only those items specifically approved by the Union will be posted.
ARTICLE 5 WAGES
5.1 Effective January 1. 2005, Effective January 1, ~002, wages shall be as identified in
Appendix A, which reflects an increase of three percent (3%) 3.9% overu
200:,!+wages.
5.~Effective January 1, 2003, wage~; shull be a~; identified in Appendix A. '.vhich :;ha1l reflect an
increa~;e of 2.5% above 2002 'sages.
5JEffective January 1, 2001, wages shall be identified in Appendix ,t\., which shall reflect an
increa:;e bu:;ed upon 90% of the CPI'N for the Seattlerracoma/Bremerton area a~;
of June 30, 2003, with a minimum of no less than 2% and a maximum- of no more
than 7%.
~5.2
Effective January 1, 200'1, Ithe longevity schedule for members of the bargaining
unit shall be as follows:
Completion of 5 years service
Completion of 10 years service
Completion of 15 years service
Completion of 20 years service
Completion of 25 years service
=
1.25%
2.5%
3.75%
5%
6.5%
-B5.3
Advancement through the pay rates from the First Step through the Final Step of
the pay range will occur upon completion of the prescribed number of full year(s)
of continuous employment since the employee's last pay placement, provided,
however that the employee's overall rating on his/her annual evaluation "Meets
Expectations" or "Exceeds Expectations. The City may withhold a'step increase for
work performance that does not "meet expectations". A step increase may be
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 31, 2005
PAGE 6
2005 IAFF Contract for ratification
withheld for a maximwn of twelve (12) months, during which time the employee will ,
receive monthly evaluations. The employee's immediate supervisor will notifY the
employee in writing of expected failure to meet expectations at least thirty (30) days
prior to the due date of the work performance evaluation. If such notice is not
provided the step increase will not be withheld. The withholding of a step increase
will not change the employee's current anniversary step date for pay purposes. In the
event that the employee "meets expectations" at one of the monthly evaluations during
the subsequent 12 months, they will receive a step increase effective as of the due date
of that monthly evaluation. It shall be understood that the increase will not be applied
retroactively to the month(s) in which the employee received a rating below "meets
expectations". The denial of a step increase is subject to the grievance procedure.
In the event an employee is on approved leave of absence without pay, the
employee's next wage step advancement date will be extended by the actual
number of days the employee was absent on such leave.
~5.4
A new employee shall be hired at the first year step, however, a new employee who
has prior paid work experience as a full time Firefighter or Firefighter/Paramedic in
a fire service which operates a full time emergency fire/medical response service
using paid employees, may be hired at the second^year or third year step based upon
relevant years and type of prior experience. Placement at second or third year steps
shall be determined by a review committee consisting of the Fire Chief, Assistant
Chief, and one (1) Union representative.
3-:+5.5
A Fire Fighter/Paramedic with no experience shall be hired at the first year step. A
Fire Fighter/Paramedic with one (1) year minimum paid fire experience shall be
hired at the second year step, with their third year step in six (6) months, solely at
the discretion of the Fire Chief.
~5.6
A Firefighter/EMT with no experience shall be hired at the first year step. A Fire
Fighter/EMT with one (1) year paid fire experience shall be hired at second year
step, with their third year step in six (6) months solely at the discretion of the Fire
Chief. Any variation from the above will require approval by the review committee
as outlined in section 5.6 of this Article.
~5.7
FIRE PREVENTION: An employee who is assigned to perform fire prevention
work shall be compensated at the Firefighter/Fire Prevention base pay rate listed in
Appendix A for the duration of the assignment.
3-:-1-G 5 . 8
EQUIPMENT MAINTENANCE OR SELF-CONTAINED BREATHING
APPARATUS (SCBA) MAINTENANCE: An employee who is assigned to
perform either equipment maintenance work or SCBA maintenance work shall be
compensated at the FirefighterlEquipment Maintenance base pay rate listed in
Appendix A for the duration of the assignment.
~-A-+5.9
ACTING OFFICERS: An employee who serves as an Acting Officer during a
twenty-four (24) hour shift shall be compensated as outlined in section 5.11.1
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 3],2005
PAGE 7
2005 IAFF Contract for ratification
below. In order to be eligible to serve as an Acting Officer, an employee must be
listed on the City's current appropriate eligible register and must volunteer for the
assignment. The use of Acting Officers will not be used as a permanent alternative
to hiring a full complement of officers. At least one officer on duty must be
regularly appointed to the position. In the event that two (2) acting Lieutenants are
on duty with a regular Lieutenant, the regularly appointed Lieutenant shall be
assigned to Station 1. In the event an Acting Captain is required, the employees on
the eligible list for Captain shall be contacted first and given the opportunity to fill
the position as needed.
5.9-1:+.1 Acting Officers Compensation:
o through 1 hour
After 1 through 4 hours
After 4 through 12
After 12 through 24 hours
No Compensation
1 hour of overtime
2 hours of overtime
2.5 hours of overtime
In no case shall there be more than 2.5 hours of overtime per Acting Officer
position. In the event of a split shift between two (2) employees, the maximum
overtime paid shall be three and one-half (3.5) hours.
~5.1O
In the event an employee is assigned as an instructor to the Washington State Fire
Service Training Center, the following provisions shall apply for the term of the
assignment:
5.1Q2-.1 The employee who is at the rank of Firefighter, Firefighter/Maintenance
and/or Firefighter/Paramedic, shall have their compensation increased to Lieutenant
at the same step in the Lt. pay band. Example: FF/PM at Step 4 would go to Step 4
of Lt. pay band.
~5.1 0.2 If the employee is at the rank of Lieutenant, he/she shall have their
compensation increased to Captain at the same step in the Capt. pay band. Example:
Lt. at Step 4 would go to Step 4 of Capt. pay band.
~5.1 0.3If the employee is at the rank of Captain, Captain Medical Officer
and/or
Captain Fire Marshal, their compensation shall not be increased.
5.10.4 Appendix "A" for Fire Fighter/Paramedic includes a sixth (6th) step. To be
eligible for this step the employee must have completed ten (10) years continuous
service as a fire FighterIParamedic with the City. The sixth step will be two and
one half percent (2.5%) above the fifth step.
5.135.11
All newly hired employees will utilize automatic deposit of their paychecks during
their term of employment with the City.
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAfF LOCAL 437
January 1,2005 -December 3 1,2005
PAGE 8
2005 IAFF Contract for ratification
3-M5.12 Effective January 1, 2003 the Training Officer posItIon shall be upgraded to
Battalion Chief, and the pay rate for this position shall be five and one-half percent
(5.5%) above the Captain rate of pay. Testing will be conducted pursuant to Article
15, Section 15.8.1.
~5.13 Effective July 1,2003, the rate of pay for Captain shall be increased by four percent
(4%).
3-:ffi5.14 Effective July 1,2004, the rate of pay for Captain shall be increased by four percent
(4%).
ARTICLE 6 HOURS OF WORK
6.1 NORMAL HOURS OF WORK- SHIFT PERSONNEL: Pursuant to Section 207
(k) of the FLSA, the work period for shift personnel is 27 days, which is equivalent
to 204 hours. The normal hours of work for shift personnel shall be an average of
50.19 hours per week.
6.2 NORMAL HOURS OF WORK - NON SHIFT PERSONNEL: The normal
hours of work for non-shift personnel shall be 40 hours per week.
6.3 SHIFT WORK SCHEDULES: On or about January 15t of each year, the Fire
Chief shall assign shift personnel to one of three shifts: A, B or C. A shift
assignment for an employee shall be worked as one (1) day (24 hours) on duty
followed by two (2) days (48 hours) off duty, and continuing in that pattern for a
period of eight (8) consecutive on-duty shifts; provided this shall not apply to shift
transfers. The next immediately scheduled shift shall be an off-duty Kelly day (9th
scheduled shift). Shift hours begin at 0800 hours and conclude at 0800 hours each
day. Non-shift personnel shall normally be scheduled to work Monday through
Friday during such hours as are assigned by the Fire Chief.
6.4 BEGINNING OF YEAR TRANSFERS: The Fire Chief may transfer as many
employees as the Chief deems appropriate from one shift or non-shift assignment to
another at the beginning of each calendar year. The Chief shall provide fifteen (15)
days notice of all such transfers.
6.5 MID- YEAR TRANSFERS: During the calendar year, the Fire Chief may transfer
each non-probationary employee once from one shift or non-shift assignment to
another as a permanent assignment or may transfer each non-probationary
employee once on a temporary basis to another shift or non-shift assignment and
subsequently return the employee to his or her original assignment. The Fire Chief
shall provide reasonable prior notice to a transferred employee, provided that
emergency transfers shall be accomplished with such prior notice as is feasible
under the circumstances. An - unlimited number of mid-year transfers of non-
probationary employees which are mutually agreed-to in writing between the Fire
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 31, 2005
PAGE9
2005 IAFF Contract for ratification
Chief and the employee are permitted. The Fire Chief may transfer each
probationary employee an unlimited number of times from one shift or non-shift
assignment to another during the period of probation.
6.6 SHIFT AND/OR KELL Y DAY EXCHANGES: An employee who has
completed six (6) full months of employment with the Department may exchange
full or partial shifts or full Kelly Days with another employee of the same
permanent rank provided that : The change does not interfere with the duties and
responsibilities of the employees in their positions, and
6.6.1 The immediate supervisors of such employees find that no such interference
will occur as the result of a mutually agreeable exchange.
6.6.2 Shift and/or Kelly Day exchanges in excess of twelve (12) per calendar year
require the prior approval of the Fire Chief or designee. The Fire Chief may
overrule the findings of immediate supervisors in the event that the Department's
service or training needs require specific employees to be on duty during their
assigned shifts. Full Kelly Day exchanges may be granted to employees of
unequal permanent rank who have obtained the prior approval of the Fire Chief or
the Chiefs designee. Shift exchanges shall be considered as substitutions under
FLSA 29 U.S.C. 207 (p), and the City shall have no obligation to keep records of
such exchanges or to revise hours of work to reflect the substitutions.
6.6.3 In the event an employee is unable to work a shift exchange for any reason
(i.e., sick leave, emergency leave, bereavement leave, jury duty, witness and
military duty leave), the employee shall be responsible to "pay back" the time to
the City within ninety (90) days.
ARTICLE 7
OVERTIME
7.1 OVERTIME DEFINED: Overtime is all required and authorized work performed
in excess of an employee's normal work schedule. Overtime includes required
training, instruction, equipment/SCBA repair, callback and other such work which
is required and authorized by the City and is performed during an employee's
normally scheduled off-duty time.
7.2 OVERTIME COMPENSATION: Overtime work shall be compensated at the
rate of one-and-one-half (1-1/2) times an employee's hourly rate in cash or in
compensatory time. The form of overtime compensation shall be at the election of
the employee unless otherwise expressly provided by the terms of this Article.
7.3 HOURLY RATE DEFINED - SHIFT EMPLOYEE: A shift employee's hourly
rate shall be computed as follows: Semi-monthly wage rate multiplied by twenty-
four (24) pay periods. The result shall be divided by the result of fifty-tw:o (52)
weeks multiplied by the annual average hours per week for shift employees.
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 31,2005
PAGE 10
2005 IAFF Contract for ratification
7.4 HOURLY RATE DEFINED- NON':SHIFT EMPLOYEE: A non-shift
employee's hourly rate shall be computed as follows: Semi-monthly wage rate
multiplied by twenty-four (24) pay periods. The result shall be divided by the result
of fifty-two (52) weeks multiplied by forty (40) average hours per week for non-
shift employees.
7.5 CALL BACK OVERTIME: In the event an employee who has left the work place
is called back to duty for a period of time which is less than two (2) hours, the
employee shall receive a minimum of two (2) hours of overtime compensation.
After contact, if the employee is unable to report to work within sixty (60) minutes,
their position on the call back-list shall be passed over without being charged an
overtime opportunity.
7.6 HOLD OVER AFTER NORMAL DUTY SHIFT: In the event an employee is
held over after the expiration of his or her normal duty shift, the employee shall be
compensated at the overtime rate for time held over.
7.7 COURT AND/OR SUBPOENAED APPEARANCES: An employee who
responds to a subpoena or appears in Court in a case on behalf of the City on off-
duty time shall receive a minimum of two (2) hours of overtime compensation for
such appearances.
7.8 ON CALL FIRE INSPECTOR/DUTY CHIEF: An employee who is assigned to
serve as On Call Fire Inspector/Duty Chief shall receive ten (10) hours of overtime
at time-and-one-half for each seven (7) day period so served. In the event that an
On Call Fire Inspector/Duty Chief is called out, the employee shall receive a
minimum of two (2) hours of overtime pay at time-and-one-half for each call out.
Effective upon ratification, if the On Call Fire Inspector/Duty Chief is required to
be on call on a holiday, he/she shall receive two (2) hours paid overtime. The shift
Captain shall be eligible to be Acting Duty Chief during special circumstances.
7.9 LIMITATION OF COMPENSATORY TIME: A non-shift employee may
accumulate up to two hundred forty (240) hours, and a shift employee may
accumulate up to three hundred fourteen (314) hours of compensatory time.
Compensatory time shall be granted unless it is unduly disruptive. An employee
may request the Fire Chief to approve cash payment for accumulated compensatory
time. Upon receipt of such approval, compensatory time shall be paid out at the
employee's hourly rate for each hour of compensatory time converted to cash.
7.10 COMPENSATORY TIME USAGE: An employee desiring to utilize accrued
compensatory time shall be required to complete and file a Leave Request form
requesting Compensatory leave with the Chief or his designee not less than five (5)
shifts prior to the requested date(s) of usage, except for holidays. Employees
desiring to use compensatory time on a city observed holiday shall submit a Leave
Request not more than fifteen (15) shifts in advance of the holiday requested. On
the fifth (5th) shift prior to the holiday, a lottery will be held among the employees
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 31,2005
PAGE II
2005 IAFF Contract for ratification
who have submitted a Leave Request for usage of compensatory time for the
holiday. It shall be understood that no more than a full 24 hours aggregate of
compensatory leave shall be permitted per shift, regardless of the number of
employees taking compensatory time that shift. (EXAMPLE: One (1) employee
taking comp time for a full 24 hour shift, would count the same as 3 employees,
each taking off 8 hours the same shift). Usage of compensatory time beyond the 24
hours aggregate described above may be granted to other bargaining unit employees
on the same day, unless it would cause overtime. The parties agree that there will
be no forced overtime in order to provide shift coverage due to use of compensatory
leave. Except for holidays, should more than one employee request the same time
off, the employee whose form was submitted first will be granted the compensatory
time off.
7.11 OVERTIME WORK ASSIGNMENTS: Overtime work will be assigned to
employees on the basis of the Fire Service and Emergency Medical Service needs.
Overtime will be offered to employees by classification and/or by possession of the
special skills required to provide coverage of needed services. A minimum strength
of three (3) officers/acting officers, two (2) Paramedics, and six (6) Firefighters will
be used as a guideline in considering overtime assignment.
7.11.1 CENTRAL KITSAP FIRE RESCUE (CKFR) CONTRACT EFFECT
ON MANNING: While the CKFR contract is in effect, a minimum strength
of three (3) officers/acting officers, three (3) paramedics and six (6) fire
fighters will be used as a guideline in considering overtime assignments.
7.12 CALLBACK PROCEDURE: Callbacks for overtime shall be made from the
overtime callback chart. The order of callback shall begin with the employee who
holds the same rank as is needed to maintain minimum on-duty strength, and who
has been presented with the least number of opportunities to work overtime, and
shall proceed through the callback chart on that basis until an employee holding the
appropriate rank agrees to work. In the event no employee of the same rank is
available to work, the order of callback shall proceed to the employee who has been
presented with the least number of opportunities to work overtime, regardless of
rank, and shall proceed through the callback chart on that basis until an employee
agrees to work, or is ordered to work in accord with the provisions of this section.
In the event that two or more employees have had an equal number of opportunities
to work overtime, the most senior employee shall be called first.
7.13 CALLBACK RECORDKEEPING: Upon the Captain or his/her designee
personally contacting an employee with an offer of overtime work, the contact shall
be noted on the overtime card file, which shall be used to maintain records of calls
made and responses received. An employee who refuses an offer of overtime work
shall have his or her record reflect the fact that an overtime opportunity was
presented and refused by the employee. In the event an employee is presented with
an opportunity to work overtime for a partial shift, each opportunity of fifteen
consecutive (15) hours shall be considered an overtime work opportunity. Upon
COLLECTIVE BARGAfNfNG AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 31,2005
PAGE 12
2005 IAFF Contract for ratification
contacting an employee with an offer of overtime work, the contact shall be noted
on the overtime card file, which shall be used to maintain records of calls made and
responses received. An employee who refuses an offer of overtime work shall have
his or her record reflect the fact that an overtime opportunity was presented and
refused by the employee.
7.13.1 REFUSAL OF OVERTIME: Upon receiving an offer of overtime work,
an employee may decide to refuse the first offer or work the overtime. Each
acceptance and the second refusal shall be recorded as an opportunity to work
overtime. Only one (1) pass per twenty-four (24) hour shall be permitted. Period.
7.13.2 OVERTIME REFUSAL EXCEPTIONS: An on-duty employee or an
employee who refuses an overtime work opportunity which occurs during the
employee's paid leave cycle, during a shift trade cycle, during a Kelly Day cycle,
Labor ConferenceslNegotiations for the Union Executive Board, or during and
employee's scheduled education time, shall not have the offer recorded as an
opportunity refused on his or her record. ORDERED OVERTIME: In the event that
no employee accepts an offer to work overtime after completing one full rotation
through the overtime chart, the first employee contacted on the second time through
the rotation shall be ordered to work the overtime provided that such an employee is
not on a paid leave cycle, on a shift trade cycle, on a Kelly day cycle, Labor
ConferenceslNegotiations for the Union Executive Board or on an employee's
scheduled education time.
7.13.3 CHRISTMAS OVERTIME: Overtime on Christmas day shall not be
counted as an overtime opportunity. All other overtime provisions shall apply.
7.14 EMERGENCY CALL BACK: Notwithstanding the provisions of Section 7.9
above, the Fire Chief or the Chief s designee may order personnel back to work for
the purpose of responding to emergencies in such numbers and by using such
methods as the Chief or the Chief s designee deems appropriate to the
circumstances.
ARTICLE 8 VACATION LEAVE
8.1 V ACATION ACCRUAL: Employees shall accrue vacation leave with pay for all
regular hours worked pursuant to the following schedule:
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 3 1,2005
PAGE 13
2005 IAFF Contract for ratification
NON-SHIFT EMPLOYEES
SHIFT EMPLOYEES
Years of VL Hrs. Annual Holidays Total VL Hrs. earned Annual Holidays Total
Serv i ce earned per Accrual Earned per pay Accrual Earned
pay Shift
Non-shift employees
emolovees
Hire - 5 yrs. 4.333 hrs 104 hours 88 hours 192 hours 6.066 hours 146 hours 88 hours 234 hou rs
6th - lOth yr. 5.666 hrs 136 hou rs 88 hours 224 hours 7.933 hours 190 hours 88 hours 278 hours
11th_15th yr. 7.333 hrs 176 hours 88 hours 264 hours 10.266 hours 246 hours 88 hours 334 hours
16th _20th yr. 8.600 hrs 206 hours 88 hours 294 hours 12.040 hours 289 hours 88 hours 377 hours
21 ~yrs or > 8.666 hrs 208 hours 88 hours 296 hours 12.133 hours 291 hours 88 hours 379 hours
8.2 V ACA TION ELIGIBILITY: An employee becomes eligible to take
accrued vacation leave upon completion of six (6) months of continuous
employment. In the event an employee resigns or is discharged prior to the
completion of six (6) full months of employment, any accrued vacation leave
shall be forfeited. Vacation leave must be fully accrued prior to the time an
employee utilizes any vacation leave.
8.3 .v ACA TION SCHEDULING: Annual vacation leave shall be authorized by the
Fire Chief or the Chiefs designee. Non-shift personnel shall schedule vacation 1
eave by mutual agreement of the employee and the Fire Chief or the Chief s
designee. Shift employees shall select their vacation choices by seniority within
shift assignment and through application of the following rules:
8.4 MINIMUM VACATION LEAVE REQUESTS SCHEDULED
V ACA TION; Scheduled vacation leave shall be taken in a minimum of eight (8)
hour blocks.
8.5 MINIMUM VACATION REQUESTS - SAME DAY REQUESTS: "Same
day" vacation leave shall be taken in a minimum of one (1) hour increments. Full
shift requests shall have priority over partial shift requests for on same day
vacation leave. Same day requests for vacation leave will not be granted if the
shift is at a minimum staffing level.
8.6 VACATION LEAVE SELECTION Each employee may select vacation leave
consisting of nine (9) connected twenty-four (24) hour shifts plus the employee's
regularly scheduled Kelly Day. Two (2) vacation slots and unused Kelly Days
shall be available for pre-selection for each day of the year from which selections
COLLECTIVE BARGAfNING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 31,2005
PAGE 14
2005 IAFF Contract for ratification
can be made. A lottery shall be held in order to allow employees to compete for
the unused Kelly Days. It shall be understood that employees who receive an
unused Kelly Day via lottery, shall lose the Kelly Day in the event that it
subsequently_becomes filled due to a new hire or promotion.
8.7 TIMING OF VACATION LEAVE SELECTION: Vacation selections will
begin December 1st by seniority, for the following calendar year. Upon being
personally contacted, the employee will be provided up to twenty-four (24) hours
to make hislher selection. Any selection not completed within the allotted time
shall constitute a pass. Vacation selections shall continue through seniority
rotation until all employees have selected all shifts they intend to take during the
next calendar year, but in no event later than March 31 st. After March 31 st of any
year, an employee may request vacation leave at any time during the balance of
the calendar year, however, approval shall be subject to whether, or not the shift is
at minimum staffing on a same day selection.
8.8 CANCELLATION OF VACATION SELECTION BY AN EMPLOYEE: In
the event a vacation selection which has been made and approved is subsequently
canceled by an employee, the vacation selection so canceled shall be made
available for selection to other employees as soon as feasible, provided however
that the shift is not at a minimum on a same day selection. The canceled vacation
slot shall be selected by lottery from the employees on the same shift.
8.9 MAXIMUM V ACA TION LEAVE ACCRUAL: The maximum accrual of
vacation leave that any employee shall be allowed to carry forward from one
calendar year to the next is as follows:
Years of
Continuous Employment
Non-shift Personnel
Maximum Balance
Shift Personnel
Maximum Balance
o through Five (5) years
More than Five (5) years
160 hours
240 hours
210 hours
315 hours
8.10 VACATION LEAVE BALANCE GREATER THAN MAXIMUM
ALLOWABLE: In the event an employee has been prohibited from taking
sufficient vacation time to reduce his or her vacation balance to the maximum
allowable carryover at the end of a calendar year, any hours in excess of 36 hours
shall be paid out in cash at the employee's straight time hourly rate the last pay in
January., Employees will be required to submit a written request to the Fire Chief
for vacation payout specifying the reason(s) for which they have been unable to
take vacation leave in order to reduce their balance to the maximum allowable
carryover. An employee whose accrued vacation leave exceeds the maximum
carryover balance plus 36 hours at the end of the calendar year because he/she
failed to timely request vacation leave, or waited until October 1 st or later to
request adequate vacation leave to reduce his/her balance to the maximum
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 3],2005
PAGE 15
2005 IAFF Contract for ratification
allowable, shall have any excess leave scheduled by the Chief or his/her designee
with 72 hours advance notice, within the months of January, February or March
of the following calendar year. The City and the IAFF agree to reevaluate this
provision at the end of each contract year.
8.11 SCHEDULE CHANGE BALANCE ADJUSTMENT:
8.11.1 NON-SHIFT TO SHIFT: In the event an employee's normal hours of work are
changed from a non-shift schedule to a shift schedule, the employee's accrued
vacation hours upon the date of change shall be increased as follows: Accrued
Hours X 1.5 = Employee's accrued vacation hours balance.
8.11.2 SHIFT TO NON-SHIFT: In the event an employee's normal hours of work are
changed from a shift schedule to a non-shift schedule, the employee's vacation
hours upon the date of change shall be decreased as follows: Accrued Hours/l.5
= Employee's Vacation Balance.
8.12 VACATION BUY-BACK: Upon the approval of the Fire Chief, an employee
may receive cash compensation at the employee's straight time hourly rate for any
accrued and unused vacation time Requests for payment shall be made in writing
to the Fire Chief during the 1 st half of each year (January 1 st through June 30th),
and may not be used for canceled vacations.
8.13 VACATION PAY-OUT: Upon the retirement or termination of an employee
who has served six (6) continuous full months of employment or more, or upon
the date of an employee's disability retirement, the accrued vacation leave of such
'employee will be paid to the employee in a cash lump sum payment.
ARTICLE 9 HOLIDAYS
9.1 HOLIDA YS OBSERVED: The following holidays shall be observed by the City:
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas
9.2 OTHER HOLIDAYS: In addition, any other holiday proclaimed by the federal or
state government, provided that the City takes official action to have such holiday
also observed by the City.
9.3 FLOATING HOLIDAY: Each employee shall be allowed one (1) additional
holiday to be observed by the employee on a day mutually agreeable to the
employee and the Fire Chief.
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 31, 2005
PAGE 16
2005 IAFF Contract for ratification
9.4 HOLIDAY COMPENSA TION-NON~SHIFT PERSONNEL: Non-shift
personnel shall receive eight (8) hours of time off with pay for each holiday
observed by the City and for a floating holiday of each employee's choice. If a
holiday observed by the City falls on a Saturday, the holiday will be observed on
the preceding Friday. If a holiday falls on a Sunday, the holiday will be observed
on the following Monday.
9.5 HOLIDAY COMPENSATION - SHIFT PERSONNEL: Shift personnel shall
receive 3.666 hours added to their vacation leave accrual rate per pay period in lieu
of all holidays. Accumulation and taking time off in lieu of holidays shall be
accomplished in accordance with the vacation leave provisions set forth in Article
8. In lieu of additional compensation for those employees scheduled to work on
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and
Christmas, the following will apply: The City will pay 24 hours of straight time
pay to all bargaining unit members at the 5th step Fire Fighter pay rate; provided
that the employee is on the payroll on 10/31 of the year, and has been working a 24
hour shift position for six (6) months during that calendar year. The 24 hours' pay
will be included in the first pay check in November each year.
9.6 Effective January 1, 2002, the City will pay all bargaining unit members an
additional 24 hours of straight time the 1 st pay period in December, in lieu of a
reduction in hours,. subject to the same terms and conditions as outlined in the above
section.
ARTICLE 10 SICK LEAVE AND INDUSTRIAL DISABILITY
10.1 'SICK LEAVE ACCRUAL:
10.1.1 NON-SHIFT EMPLOYEES: Non-shift employees shall accrue sick leave time
with pay at the rate of four (4) hours for each regularly scheduled pay period.
Partial pay periods will be pro-rated to the closest full hour.
10.1.2 SHIFT EMPLOYEES: Effective as of April 1, 2002, the annual accrual for shift
personnel will be eight (8) hours per pay period. Partial pay periods will be pro-
rated to the closest full hour.
10.2 DONATIONS OF VACATION LEAVE: Donations of Vacation leave permit employees
to aid any City employee who is suffering from an extraordinary or severe illness, injury,
impairment, physical or mental condition, or who's spouse or minor children (under the age of
18) are suffering from a life threatening injury or illness, or in the event of their death, which has
caused or is likely to cause the employee to take leave without payor to terminate his or her
employment prior to a determination that the affected employee is not expected to recover to an
extent that will enable the employee to resume his()r her normal duties or the duties of another
position with the City or another employer.
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 3 I, 2005
PAGE 17
2005 IAFF Cantract for ratificatian
10.2.1 ELIGIBILITY: An emplayee who. (1) is suffering from an illness or injury causing
his ar her extended absence fram wark, ar wha's spause or minor children (under the age af
18) are suffering from a life threatening injury ar illness, ar in the event af their death, and
(2) who. has depleted ar will shartly deplete his or her tatal available accrued vacatian" sick
and flaating haliday leave, may request danatians af vacatian leave.
10.2.2. CRITERIA FOR APPROVAL: A request far danatians af vacatian leave shall be
submitted to. the requesting emplayee's Department Head accampanied by medical
dacumentatian verifying the medical canditian requiring the need for leave, and the time
periad during which the emplayee can reasanably be expected to. be absent from wark due to.
the canditian. Upan verifying that the requesting emplayee meets all af the eligibility
requirements abave and upan determining that the medical dacumentatian received pravides
apprapriate verificatian af the medical canditian and time peri ad invalved, the Department
Head will recammend the emplayee's request far danatians af vacatian leave be approved by
the Mayar. The Mayar will review the request to. assure that all af the requirements set farth
in this subsectian have been met and, if sa, shall approve the emplayee's request far
danatians af vacatian leave.
10.2.3. NOTIFICATION: Upan approval by the Mayar, all City emplayees shall be
natified af the approved request far danatian af leave.
10.2.4. CONDITIONS OF DONATION: An emplayee who. has been emplayed far at least
six (6) manths who. desires to. danate accrued vacatian leave to. a requesting emplayee will do.
sa as a free and valuntary act and no. duress ar caercian shall be placed upan an emplayee to.
make such danatian af his/her accrued vacatian leave. Emplayees who. are utilizing danated
leave to. cover their awn absences may nat danate leave to. anather emplayee until such time
as they have returned to. their narmal schedule, and any excess danatians made to. them have
been returned pursuant to. 10.2.6. belaw. An emplayee who. desires to. danate vacatian leave
shall camplete a Danatian af Vacatian Leave Farm and submit it to. his/her Department
Head. The danated vacatian leave will be transferred to. the requesting emplayee's sick leave
balance with the next payroll repart. Farms will be date stamped and all time danated shall
be in full haur increments and shall be credited to. the emplayee an an haur-far-haur basis. A
manthly update af the canditian af the emplayee by the attending primary medical dactar
shall be required and furnished to. the Department Directar.
10.2.5. USE OF DONATED LEAVE: An emplayee who. has received danated vacatian
leave will be able to. use the sick leave in the same manner as if he ar she had persanally
accrued the leave, pravided that the use af the sick leave is in canfarmance with the
pravisians af this Article.
10.2.6. RETURN OF EXCESS LEAVE DONATIONS - In the event af excess danatians
received but nat used due to. early recavery, resignatian, retirement ar death, all danatians
received but nat utilized shall be returned .to. the danating emplayee(s) based an the
propartian af haurs that emplayee danated in relatian to. the tatal haurs danated by all
emplayees (e.g. an emplayee who. danates 50 haurs af 450 haurs tatal danated shall be
credited with 50/450ths af the haurs nat utilized). Such returned leave shall be reflected in
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2005 ~December 31, 2005
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2005 IAFF Contract for ratification
the appropriate leave balance as soon as possible. Time donated for this purpose will not be
considered as time used during the donor's performance rating period.
10.3 MAXIMUM SICK LEAVE ACCRUAL:
10.3.1. NON-SHIFT EMPLOYEES: Non-shift personnel shall be allowed to accrue
sick leave up to a maximum of nine hundred and sixty (960) hours.
10.3.2. SHIFT EMPLOYEES: Shift personnel shall be allowed to accrue sick leave up
to a maximum of fourteen hundred and forty (1440) hours.
10.4 SICK LEAVE INCENTIVE:
10.4.1 NON-SHIFT EMPLOYEE - Any non-shift employee who has more than five
(5) years of continuous full time paid employment with the City and who takes thirty-
two (32) hours or less of sick leave in the calendar year following the fifth year of
employment and any subsequent calendar year, shall have eight (8) hours added to his
or her vacation leave balance at the beginning of the following calendar year.
10.4.2 SHIFT EMPLOYEE - A shift employee who has more than five (5) years of
continuous full time paid employment with the City and who takes 44.8 hours or less of
sick leave in the calendar year following the fifth year of employment and any
subsequent calendar year, shall have 11.2 hours added to his or her vacation leave
balance at the beginning of the following calendar year.
10.5 SICK LEAVE RETIREMENT PAYMENT: An employee who retires from City
serviee on a service or disability retirement shall be provided a Sick Leave Retirement
Payment as follows:
10.5.1 NON-SHIFT PERSONNEL: Thirty-five percent (35%) of the employee's
accrued and unused sick leave hours to a maximum of 35% of 960 hours (a maximum
total of 336 hours) will be paid to the employee at the employee's regular hourly wage
rate in effect at the time of retirement.
10.5.2 SHIFT PERSONNEL: Thirty five percent (35%) of the employee's accrued
and unused sick leave hours to a maximum of 35% of 1440 hours (a maximum total of
504 hours) will be paid to the employee at the employee's regular hourly wage rate in
effect at the time of retirement.
10.6 PAYMENT 0 F SIC K LEAVE UPON DEATH: In the event of the death of an
employee, the employee's estate shall be paid for the total accrued and unused sick
leave hours at the employee's regular hourly wage rate in effect at the time of death up
to a maximum of 960 hours for a non-shift employee, or a maximum of 1440 hours for
a shift employee.
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 31,2005
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2005 IAFF Contract for ratification
10.7 SICK LEAVE USE: Sick leave must be accrued prior to use by an employee. Sick
leave shall be made available to each employee up to the amount of each employee's
accrued sick leave balance, and shall be used in increments of no less than one-half
(1/2) hour to cover an employee's absence from his/her regularly scheduled work hours
due to:
10.7.1 The temporary disability of an employee resulting from his/her personal illness or
injury, or for their children under 18 who have health conditions requiring supervision or
treatment pursuant to WAC 296-30, or for immediate family members pursuant to
FMLA
10.7.2 Eligibility shall be governed by the provisions set forth in Federal or State laws,
as currently written or hereinafter amended.
10.7.3 NOTIFICATION OF SICKLEAVE USE: An employee who is absent or
expects to be absent from work due to causes specified in 10.7 . Labove, shall provide
notification to the Department as follows:
10.7.3.1
ROUTINE APPOINTMENTS:,
10.7.3.1.1 ANTICIPATED ABSENCE: An employee who schedules a
routine medical, dental or oculist appointment shall make every reasonable
effort to schedule such an appointment on their off duty days The
employee shall give at least seventy-two (72) hours prior notice of the date
and time of the appointment to his or her immediate supervisor. An
employee's immediate supervisor may request that the employee
reschedule routine appointments when, in the judgment of the supervisor,
the scheduled absence of the employee would unduly interfere with the
operations of the Department. An immediate supervisor shall not
unreasonably deny an employee sick leave with pay for routine medical,
dental or oculist appointments.
10.7.3.2 UNANTICIPATED ABSENCE: An employee who is absent
from work or who will be unable to report to work as scheduled due to
personal illness or injury, or for other causes specified in 10.7 above, shall
promptly notify the Department by telephone or otherwise by 0700 of the
day of his/her on-duty shift, and must make contact with on duty
personnel.
10.7.3.3 SICK LEAVE DURING AUTHORIZED PAID LEAVE: An
employee who becomes ill or is injured during the employee's paid vacation or
compensatory time off may request the conversion of such paid leave to sick
leave with pay by promptly notifying the Department of the illness or injury at the
time of the illness or injury, or as soon as is reasonably feasible and providing
such information as is required by the Department to verify the appropriateness of
such a conversion.
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 31,2005
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2005 IAFF Contract for ratification
10.7.3.4 SICK LEAVE DOCUMENTATION AND APPROVAL: An
employee who has been absent on sick leave shall, during his/her first shift back
to work, be required to submit such forms and provide such information as
required by the Department to approve the use of sick leave with pay for the
absence. The Department may require an employee to demonstrate that he or she
has sought treatment, taken appropriate precautions or otherwise effected
measures to correct the condition causing the employee's absence. Such
demonstrations may take the form of personal statements of the employee,
medical examinations or certifications of appropriate professionals as to the
nature of the illness and/or injury of the employee, the employee's child and/or
family member, or other methods appropriate to the circumstances. The
Department may require an employee to provide a Fitness for Duty certification
by a professional physician that the employee is sufficiently recovered as to be
able to return to work without posing a health hazard to himself or herself or to
other members of the workforce. Sick leave must be approved by the Department
prior to payment. The Department shall not umeasonably withhold approval of
sick leave with pay from employees.
10.8 INDUSTRIAL DISABILITY AND LIMITATION OF SICK LEAVE USE FOR
LEOFF I EMPLOYEES: An employee who qualifies for and is included in the
Washington State Retirement System commonly referred to as "LEOFF I", shall have
his or her use of sick leave with pay limited to six (6) days for a non-shift employee, or
two (2) shifts for a shift employee of sick leave with pay for each personal or work-
related sick leave absence. In the event the employee's absence extends beyond six (6)
days, or two (2) shifts, the employee shall apply for disability benefits provided through
LEOf,F 1. In the event the employee's disability extends beyond a period of six (6) full
months and six (6) days or two (2) shifts, the employee shall apply for disability
retirement benefits provided through LEOFF 1. The employee's accrued and unused
sick leave hours shall not be used to extend the period of disability beyond six (6)
months and six days (6) or two (2) shifts.
10.9 INDUSTRIAL DISABILITY LEAVE FOR LEOFF II AND REGULAR
EMPLOYEES: A regular_employee who qualifies for and is included in the
Washington State Retirement System commonly referred to as "LEOFF II", and who
incurs a work-related illness or injury shall be provided with such compensation as is
made available through Workers' Compensation benefits as provided by Washington
State Law.
ARTICLE 11
OTHER LEAVE
11.1 BEREAVEMENT LEAVE: An employee will be granted up to 24 hours of
bereavement leave annually for attending funerals in the state of Washington, and up to
forty (40) hours annually for attending out-of-state funerals for members of the
employee's immediate family. All time off for bereavement leave in excess of 24 hours
COLLECTIVE BARGAINING AGREEMENT
BY /\ND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 31, 2005
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2005 IAFF Contract for ratification
shall be charged against an employee's vacation/holiday, sick leave or compensatory time
leave balance at the option of the employee.
11.1.1 Immediate family shall be defined as spouse, child, mother, father, mother/father
in-law, brother, sister, brother/sister in-law, grandparents and grandchildren, step
relations as described herein of both the employee and the employee's spouse.
11.2 JURY DUTY AND WITNESS DUTY: An employee shall be granted leave of absence
with pay for the purpose of reporting to jury duty or serving as a witness in a case relating
to their job with the City, except in those instances where the employee is taking action
against the City. Any juror or witness fees received by the employee for the performance
of such duties shall be assigned to the City.
11.2.1 CITY NOTIFICATION: Employee shall be required to notify the City
immediately upon receipt of written notification from the Court that they must report for
Jury Duty or serve as a Witness as the result of a case related to his or her employment,
by submitting a Leave Request form with a copy of the Jury Duty/Witness Notice
attached. Upon telephone confirmation by the Court to report, the employee shall
immediately notify the on-duty supervisor.
11.3 MILITARY DUTY LEAVE: An employee who presents official orders requmng
his/her attendance for a period of training or other active duty asa member of the United
States Armed Forces or the State National Guard shall be entitled to military leave with
no loss of pay for a period not to exceed fifteen (15) work days for non-shift employees,
or 21 calendar days for shift employees, annually. Authorized leave of absence for
additioRal or longer periods of time for assignment to duty functions shall be without pay
and shall be granted by the City. A non-shift employee receiving up to fifteen (15) work
days or a shift employee receiving up to 21 calendar days of training or serving on active
duty shall receive their regular pay and the amount received from the Federal or State
government.
11.4 EMERGENCY LEAVE: In the event of an unforeseen emergency which requires the
absence of an employee such as the illness, injury or death of a member of an employee's
immediate family, the employee shall notify his or her immediate supervisor as soon as
possible of the required absence. Such emergency leave shall be charged to an
employee's unused vacation/holiday or compensatory time leave balance.
11.5 ADMINISTRATIVE LEAVE: Any bargaining unit employee may be placed on
Administrative Leave (leave with pay) for reasons in the best interest of the City and/or
employee (e.g. to diffuse a work-related or personal problem that has the potential for
escalation if left unchecked, and/or has a negative effect on department/division
operations, and no other solution is aV(:iilable).
ARTICLE 12
RETIREMENT BENEFITS
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMER TON and IAFF LOCAL 437
January 1,2005 -December 31,2005
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2005 IAFF Contract for ratification
12.1 Each employee shall be enrolled in the Washington State Retirement system for which he
or she qualifies. Only for the purposes of federal income taxation, the gross income of
each employee shall be reduced by the amount of the employee contributions to
respective retirement system, which is picked up by the City. When an employee
covered by this agreement is assigned to day shift he/she will be assigned back to shift
just prior to retiring or going on disability. The employee will maintain the same pay
classification.
12.2 Effective January 1, 2002 the City agrees to allow members of the bargaining unit to
participate in the Washington State Council of Fire Fighters Employee Benefit Trust
Premium Reimbursement Plan (VEBA) and contribute $75.00 per month through a salary
reduction of $37.50 per pay period.
ARTICLE 13
INSURANCE BENEFITS
13.1 MEDICAL INSURANCE: The City shall make medical insurance coverage available to
employees and their dependents and provide for payment of insurance premiums as
follows:
KPS Plan A for Employees
. KPS Plan B for spouses and dependents;
Group Health for Employees, spouses and dependents.
or equivalent or better coverage
13.2 Co-Pay amounts paid by employees for treatment received by employees shall be
reimbursed to the employee. Co-Pay amounts paid by employees for treatment received
by spouses and dependents shall be paid by the employee. Employee's premium is paid
in full by the City. Employee contribution toward dependent coverage will be three
dollars fifty cents ($3.50) per month per dependent to a maximum of ten dollars and fifty
cents ($10.50) per month for full family coverage.
13.3 DENTAL INSURANCE: The City shall make the same level of benefits as are provided
through Washington Dental Service Plan F dental insurance coverage available to
employees and their dependents and provide for full payment of insurance premiums. All
Co-pay amounts for all services received shall be paid by the employee.
13.4 DISABILITY AND LIFE INSURANCE: LEOFF II: Employees will receive $25.00
per month in lieu of any City contributions toward the cost of premiums for Short Term
Disability, Long Term Disability, and Life Insurance coverage.
13.5 INSURANCE RESERVES, REBATES AND SURPLUSES: the City shall require the
KPS medical plan provider to provide a structured accounting to the City as least
annually. Such accounting shall include plan utilizations, all reserve accounts maintained
for the plan, interest earned on reserves, administration costs and coinsurance (pooling)
costs. This accounting shall be made available to the Association upon request. The City
COLLECTIVE BARGAfNING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 31, 2005
PAGE 23
2005 IAFF Contract for ratification
agrees that premium rebates, reserve account rebates or any other monetary returns to the
employer from the insurance providers, together with subsequent interest earnings
thereon shall be used exclusively to defray the costs of premium increases in the plan,
and increase benefit levels, or other health related purposes determined appropriate by
the Insurance Benefits Committee shall be comprised off the following members: Mayor
or designee, one employee selected by the non-represented management and professional
employees, and one individual selected by each of the recognized unions. The
committee shall elect a chair and any other officers it deems appropriate.
13.6 WELLNESS PROGRAM: Prior to January 1, 2003, the City's shall negotiate with
KPS to include medical coverage with those employees/dependents covered by KPS to
include a Wellness Program benefit for well-baby care and preventative care such as PAP
smears, mammography and PSA testing.
ARTICLE 14
CLOTHING AND UNIFORM CLEANING ALLOWANCE
14.1 PURCHASE OF UNIFORMS: The City shall purchase new and replacement uniforms
required by Fire Department regulations for each employee. Employees shall abide by
such rules and regulations as are established by the Department in selecting and obtaining
their uniforms. All uniforms paid for by the Fire Department remain the property of the
City.
14.2 UNIFORM CLEANING ALLOWANCE: Each employee who is required to wear a
uniform pursuant to Fire Department regulations shall receive a uniform cleaning
allowance of two hundred fifty dollars ($250.00) per year for uniform maintenance. The
allowance shall be paid during the month of January. An employee hired subsequent to
the first of the year shall receive a pro-rata cleaning allowance payment. In the event that
the City secures a cleaning contract with an independent cleaning company, no uniform
allowance will be paid to employees.
ARTICLE 15
PERSONNEL PRACTICES
15.1 DEFINITIONS: For the purpose of interpreting the provisions of this Agreement, the
following definitions shall apply:
15.1.1 PROBATIONARY EMPLOYEE: An employee serving a 12-month
period commencing upon the initial date of hire as a permanent employee
during which the employee may be discharged at the sole discretion of the
City, consistent with applicable Civil Service Rules and Regulations and
without recourse to the grievance procedure.
15.1.2 PROMOTIONAL PROBATION: A 12-month probationary period
commencing upon the initial date of a regular promotional appointment.
A promoted employee who is unable to perform the duties of the higher
level position to which they have been promoted during the probationary
period, shall be returned to his/her previous classification held at the time
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January I, 2005 --December 3\, 2005
PAGE 24
2005 IAFF Contract for ratification
of promotional appointment at the sole discretion of the City,
consistent with applicable Civil Service Rules and Regulations, and
without recourse to the grievance procedure.
15.1.3 LEOFF I EMPLOYEE: An employee who qualifies for and is a member
of the Washington --State Retirement System commonly known as "LEOFF
I".
1.5.1.4 LEOFF II EMPLOYEE: An employee who qualifies for and is a member of the
Washington State Retirement System commonly known as "LEOFF II".
1.5.1.5 NON-SHIFT EMPLOYEE: An employee who is normally assigned to work
forty (40) hours per week Monday through Friday.
1.5.1.6 SHIFT EMPLOYEE: An employee who is normally assigned to work on a
24-hour shift scheduled basis.
1.5.1.7 CYCLE: The consecutive calendar day period during which an employee is not
scheduled to be on duty as the result of an assigned work schedule including a
scheduled Kelly Day, approved paid leave and/or shift trade.
1.5.1.8 SENIORITY: The Fire Department shall establish a seniority list of all
employees in the bargaining unit and shall update the list on January 1 of each
year. The list shall be posted on bulletin boards in all stations. All longevity
wage placements and vacation selections shall be governed by the current
seniority list. Any objections to the list as posted shall be reported to the Fire
,Department administration and such corrections as are appropriate shall be made
and a corrected list shall be re-posted at all stations.
15.2 REDUCTIONS AND VACANCIES: All personnel reductions and filling of
vacancies shall be handled in accordance with existing Civil Service Rules and
Regulations and shall not be subject to the grievance procedure.
15.3 EVALUATIONS:
15.3.1. NEW EMPLOYEES: Written monthly evaluations shall be
completed on each new employee hired by the Department during his/her
probationary period. The purpose of the evaluation will be to identify an
employee's progress and/or areas of deficiency in performing job
functions.
15.3.2. PROMOTED EMPLOYEES: Employees on promotional
probation will be evaluated quarterly. An employee on promotional
probation shall be provided not less than thirty (30) days written notice to
correct deficiencies prior to reducing him/her to their previous
classification. An employee on promotional probation who is demoted
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 31,2005
PAGE 25
2005 IAFF Contract for ratification
due to his/her inability to perform the essential duties and functions of the
position, shall have displacement rights under Civil Service Layoff and
Reduction rules; provided, however, the employee shall have the right to
return to his/her former class regardless of whether or not a vacancy
exists. Provided further, however, nothing in this section shall prohibit the
City from terminating or demoting an employee on promotional probation
for good cause in conformance with Civil Service Rules.
15.4 CAREER COUNSELING: An employee who is not selected for a promotional
appointment from an eligible register may request career development counseling
from the appointing authority for the purpose of their recommending steps the
employee may take to improve his/her qualifications and skills for future
promotional opportunities.
15.5 RIGHTS AND PRIVILEGES: All current policies and practices concerning
computation and payment of pay, allowances and benefits; or the application of
contract provisions enumerated herein shall continue in force and effect during
the life of this Agreement. Should the City wish to make any change with respect
to such practices during the life of this Agreement, it shall first notify the Union
of the desired change and afford the Union an opportunity to meet and discuss
such change.
15.6 PARAMEDIC/FIREFIGHTER CERTIFICATION REQUIREMENT: An
employee who is hired as a Paramedic/Firefighter shall be required to maintain
his/ her Paramedic Certification as a condition of continued employment. Upon
completion of six (6) full years of employment as a Paramedic/Firefighter, an
employee shall become eligible for transfer to a vacant Firefighter position. Upon
completion of five (5) full years of employment as a Paramedic/Firefighter, an
employee may present the Fire Chief with a request to be transferred from a
Paramedic/Firefighter position to a vacant Firefighter position at the earliest
opportunity. The Fire Chief shall approve Paramedic/Firefighter requests to
transfer to vacant Firefighter positions on the basis of seniority of continuous
service with the Bremerton Fire Department among all requesting
Paramedic/Firefighters. An employee transferred to a vacant Firefighter position
shall have his/her pay rate set at a Firefighter pay rate as of the effective date of
the transfer.
15.7 TRANSITION TO PARAMEDIC: A non-probationary Firefighter who
transitions to Firefighter/Paramedic shall remain in the Firefighter/Paramedic
classification for not less than four (4) years, except for promotional
opportunities. Should an employee fail to retain his/her Paramedic certification,
they shall be downgraded to the Firefighter classification.
ARTICLE 16 PROMOTIONAL EXAMS
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 31, 2005
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2005 IAFF Contract for ratification
16.1 PROMOTIONAL EXAMINATIONS: The Civil Service Rules shall apply to the
conduct of promotional examinations in all respects excepting that any portion of
such Rules which are in conflict with the provisions of this subsection shall be
handled in conformance with the following:
16.2 MAINTENANCE OF ELIGIBLE REGISTERS: Eligible registers for Fire
Lieutenant and Fire Captain shall be maintained on a continuous basis irrespective
of available vacancies. Testing for the positions of Battalion Chief, Medical Officer
and Fire Marshall shall be done only when a position becomes available.
16.3 WRITTEN PROMOTIONAL EXAMIBIBLIOGRAPHY:
Effective January 1, 2003, the written portion of the promotional examinations for
Fire Lieutenant and Fire Captain will be given between February 18th and.
February 28th in odd/even years. A bibliography of reading material will be issued
six (6) months prior to the written examination. The Department will supply one
(1) set of reading material as listed in the bibliography per fire station. Such
reading material will remain at the station. The Department shall not be held
responsible for the loss of the reading material from any station.
16.4 CRITERIA FOR OPEN EXAMINATIONS: Open promotional Examinations will
only be administered to qualified bargaining unit members. However, when less
than three.(3) -applications are received from qualified bargaining unit members,
the examination may be announced and administered to external candidates as well.
16.5 CRITERIA FOR EXAMINATION CONTENT: Promotional examinations shall
include a written and oral portion~ and shall test for only the knowledge and abilities
which are included in the current classification specifications for the position being
tested.
16.6 EXAMINATION SCORING: Examinations shall be scored as follows: (All
scores on examinations shall be rounded to the nearest one-tenth of a point).
16.6.1 Written portion: Maximum of 50 Points
An applicant's performance on the written portion of a promotional examination
shall be scored as follows: Number of questions answered correctly divided by the
total number of questions asked = percentage of correct answers. The maximum of
50 Points shall be multiplied by the percentage of correct answers and the result
shall be the number of points the applicant earned on the written portion of the
examination.
16.6.2. Oral portion: Maximum of 50 Points
An applicant's performance on the oral portion of a promotional examination shall
include the oral panel's evaluation of an applicant's training and educational
achievements along with the panel's rating on the applicant's performance in the
oral portion, which shall be scored as follows: Number of points received divided
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and lAFF LOCAL 437
Januaryl, 2005 -December 31, 2005
PAGE 27
2005 IAFF Contract for ratification
by the total number of points available = percentage of total oral points. The
maximum of 50 Points shall be multiplied by the percentage of total oral points and
the result shall be the number of points the applicant earned on the oral portion of
the examination.
16.6.3 Experience Rating: Maximum of 10 Points
Each applicant shall receive .5 (112) point for each full twelve (12) months of
employment with the Bremerton Fire Department based upon the date the written
examination is conducted, up to a maximum of 10 points. Periods of employment
which are less than twelve (12) full months, shall not be credited in computing the
experience rating.
16.6.4 Total Score
An applicant's total score shall be the sum of the points received on the written, oral
and experience components of the examination.
16.6.5 Minimum Score
An applicant must achieve a total score of seventy (70) points or more to be placed
on the eligible register for the position.
16.7 All offers, acceptances and declinations of employment for promotional
positions only shall be made in writing.
16.8 During the life of this agreement the parties shall meet in a labor management forum to
discuss the above language covering promotions.
16.9 PROMOTIONS FROM FIRE FIGHTER TO PARAMEDIC/FIRE FIGHTER: A
Fire Fighter may be promoted to Paramedic/Fire Fighter (PM/FF) under the
following conditions:
16.9.1 The employee must successfully complete a Paramedic training program
approved by the Fire Chief.
16.9.2 The employee must have a Paramedic/Fire Fighter certificate issued by the
Kitsap County Medical Program Director.
16.9.3 The Fire Chief must approve the promotion.
16.9.4 The promotion shall take effect on the first day of the pay period after
satisfying the above conditions. F or promotions to PM/FF,. the
employee's step increase date will be changed to the effective date of the
promotion.
16.10 Newly appointed Lieutenants and Captains shall:
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 31,2005
PAGE 28
2005 IAFF Contract for ratification
16.1 0.1 Complete Fire Command Administration core curriculum or equivalent
within thirty (30) months of appointment to the rank of Lieutenant or
Captain, or
16.10.2 Complete an officer development program as determined by the Joint
Labor Management Committee.
16.10.3 Exceptions shall be referred to the Joint Labor Management Committee.
The City shall reimburse the employee for tuition, books and lab fees. All
materials purchased by the City shall remain the property of the City. The
City shall make a reasonable effort to provide employees with time off
work to attend classes.
ARTICLE 17 GRIEVANCE PROCEDURE
17.1 DEFINITIONS:
17.1.1
17.1.2
17.1.3
17.1.4
17.1.5
GRIEVANCE: A grievance is an alleged violation of the express terms
and conditions of this Agreement which is to be resolved through this
Grievance Procedure.
'CIVIL SERVICE APPEAL: An appeal is an alleged violation of the Civil
Service Rules which is to be resolved through the Civil Service Appeals
procedure and is not resolvable through this Grievance Procedure.
UNF AIR LABOR PRACTICE: Art Unfair Labor Practice charge is an a
alleged violation of the Washington State statutes governing public
employment labor relations which is to be resolved through the Public
Employment Relation Commission's (PERC) rules and regulations and is not
resolvable through the Grievance Procedure.
STEP 1: An employee who believes that the terms and conditions of this
Agreement have been violated shall first discuss the action giving rise to the
belief with his or her immediate supervisor within fourteen (14) calendar days
of the date the action took place or within fourteen (14) calendar days of the
date upon which the employee could reasonably have been expected to know
of such action. The employee shall have the right to be assisted by an
authorized Union representative if so requested, during this discussion.
STEP 2: In the event that the employee's immediate supervisor does not
resolve the grievance to the satisfaction of the employee at Step 1
of this procedure, the employee shall reduce the grievance to writing and shall
state: the section (or sections) of this Agreement which is alleged to have
been violated; an explanation of the grievance in detail, including dates,
actions and such other information necessary to a full investigation of
the facts and circumstances giving rise to the grievance; and the remedy
PAGE 29
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 31, 2005
2005 IAFF Contract for ratification
sought. The employee shall have the right to be assisted by an
authorized Union representative in reducing his or her grievance to writing.
The employee shall present the written grievance to the immediate
supervisor's Captain, Assistant Chief, or the Fire Chief, whichever is
appropriate, within fourteen (14) calendar days of the date the employee met
with his/her immediate supervisor. The Captain, Assistant Chief, or the Fire
Chief, whichever is appropriate, shall meet with the employee and the
employee's Union Representative within fourteen (14) calendar days after
receipt of the written grievance for the purpose of considering the matter.
The Lieutenant, Captain, or Fire Chief, as appropriate, shall reduce
his/her decision to writing and shall transmit the decision to the employee
with a copy to the Union representative within fourteen (14) calendar days
of meeting with the employee and the Union representative.
17.1.6 STEP 3: In the event that the Captain, Assistant Chief, or Fire Chief, as
appropriate, does not resolve the grievance to the satisfaction of the employee
at Step 2 of this procedure, the Union shall, on behalf of the employee,
transmit a copy of the original grievance along with a copy of the Fire Chiefs
written response to the Human Resources Manager and the Mayor within
fourteen (14) calendar days of receipt of the Fire Chief s written response.
The Human Resources Manager shall consider the grievance and may
convene a meeting with a member of the Union executive board in an attempt
to resolve the grievance. The Human Resources Manager shall reduce his or
her decision to writing within fourteen (14) calendar days of receipt of the
grievance and.transmit the decision to the Union.
17.1.7 , STEP 4: In the event that the Human Resources Manager does not resolve
the grievance at Step 3 of this procedure, the Union may request arbitration of
the issue by written notification to the Human Resources Manager. The
Human Resources Manager and the Union shall meet within fourteen (14)
calendar days of the date upon which the Human Resources Manager rendered
his or her written decision on the grievance and shall select a neutral arbitrator
by mutual agreement or request a panel of nine (9) arbitrators from PERC.
17.2 GRIEVANCES FOR SUSPENSION AND/OR DISCHARGE: In the case of
suspension and/or discharge, Step One (1) of the grievance procedure shall be
waived and the grievance shall proceed to Step Two (2) with the Fire Chief.
17.3 POWERS AND DUTIES OF THE ARBITRATOR: It shall be the duty of the
arbitrator to conduct a hearing on the issue or issues submitted by the parties for
decision. The hearing shall be kept informal and private. The arbitrator shall
interpret the provisions of this Agreement as they apply to the issue or issues
submitted for decision, and shall not add to, subtract from or in any other way alter or
recommend the alteration of the terms and conditions of the agreement in deciding
the matter. As soon as is practicable after conducting the hearing, the arbitrator shall
render a written decision which shall be binding upon the parties.
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January I, 2005 -December 31, 2005
PAGE 30
2005 IAFF Contract for ratification
17.3.1 COSTS OF ARBITRATION: The expenses of the neutral arbitrator shall be
borne equally by the parties. Each party shall singly bear all costs related to
preparing and presenting its own case before the arbitrator, including costs of
witnesses. The party desiring a record of the proceedings shall bear the cost of
obtaining such record.
17.3.2 TIME LIMITS: Time limits established in this procedure shall be strictly
adhered to, but may be waived by mutual agreement of the Union and the City.
All procedures contained herein shall be complied with as expeditiously as
practicable.
ARTICLE 18
SEVERABILITY
18.1 In the event that any provision of this Agreement is held invalid by operation of law or by
any tribunal of competent jurisdiction, or if compliance with or enforcement of any
Article should be restrained by such tribunal pending a final determination as to its
validity, the remaining provisions of this Agreement shall not be held invalid and shall
remain in full force and effect. The Union and the oCity shall immediately meet and
attempt to renegotiate any provision found invalid.
ARTICLE 19
ENTIRE AGREEMENT
19.1 The Union and the City acknowledge that each has had the unlimited right and
opportunity to make proposals with respect to any matter deemed a proper subject for
collectiye bargaining. The results of the exercise of that right are set forth in this
Agreement. Therefore, the City and the Union each voluntarily and unqualifiedly agree
to waive the right to oblige the other party to bargain with respect to any subject or matter
not specifically covered by the Articles of this Agreement during the term of this
Agreement, except as mutually agreed upon.
ARTICLE 20
CONFLICTING PROVISIONS
20.1 In the event that any provision of this Agreement is found to be in conflict with any other
resolution, ordinance, policy, regulation or rule of the City, the provision of this
Agreement shall prevail.
ARTICLE 21
DRUG FREE WORKPLACE
21.1 The maintenance of a drug-free work place is essential to the safety and welfare of City
employees and the citizens of Bremerton. The following provisions shall apply to
employees covered by this Agreement.
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January I, 2005 -December 31, 2005
PAGE 31
2005 IAFF Contract for ratification
21.2 The unlawful manufacturing distributing, dispensing, processing or using of a controlled
substance or alcohol in the work place is prohibited. Reporting to work under the
influence of a controlled substance or alcohol is prohibited.
21.3 As a condition of employment, all employees must notify the Fire Chief or designee of
any criminal drug statute conviction for a violation occurring in the work place no later
than five (5) days after such a conviction.
21.4 It is the responsibility of every employee to be aware of the above provisions and to abide
by them. Failure to observe these provisions could result in immediate disciplinary
action against the employee, up to and including termination. The employee may be
required to participate satisfactorily in an alcohol or drug abuse assistance or
rehabilitation program.
21.5 All employees will be fully informed of the drug and alcohol-testing article. Employees
will be provided with information concerning the impact of the use of alcohol and drugs
on job performance. Supervisors will receive training in recognition of signs and systems
of substance abuse. In addition, the City will inform the employees on how the tests are
conducted, what the test can determine and the conseq!lence of testing positive for drug
use. All newly hired employees will be provided with this information on their initial
date of hire, or as soon thereafter as possible. No employee will be tested before this
information is provided to him.
An employee may voluntarily enter rehabilitation without a requirement or prior testing.
Employees who voluntarily come forward and ask for assistance to deal with a drug or
alcohol problem will not be disciplined by the City for doing so. No disciplinary action
will be taken against an employee unless he/she refuses the opportunity for rehabilitation,
fails to, complete a rehabilitation program successfully, or again tests positive for drugs
within two (2) years of completing an appropriate rehabilitation program, or as otherwise
provided in this article.
21.5.1 Dru gs will be defined as narcotics, depressants, stimulants, hallucinogens,
cannabis and alcohol, or substances whose dissemination is regulated by law or this
article. With respect to over-the-counter drugs and/or drugs that require a prescription or
other written approval from a licensed officer or dentist for their use, it is the
responsibility of the employee to review cautionary warnings for potential side effects
and inquire of the issuing medical authority as to the potential impact of the drug to
impair one's ability to work safely and effectively. Each employee is expected to inform
his supervisor of such circumstances if there is reasonable cause to believe there will be
impairment.
21.5.2 Employees will not be subjected to random medical testing involving urine or
blood analysis or other similar or related tests for the purpose of discovering possible
drug or alcohol abuse. However, if objective evidence exists establishing reasonable
cause to believe an employee's work performance is impaired due to drug or alcohol
abuse, the City will require the employee to undergo a medical test consistent with the
conditions as set forth in this article. Indications of impaired behavior or a substance
COLLECTIVE BARGAfNING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and lAFF LOCAL 437
January 1,2005 -December 31,2005
PAGE 32
2005 IAFF Contract for ratification
abuse problem will include, but are not limited to, the odor of alcohol on the breath,
dilated or constricted pupils, accident pattern, abnormal behavior or performance for that
specific employee.
21.5.3 The collection of the samples will be performed by a laboratory and/or by a health
care professional qualified and authorized to administer and determine the meaning of
any test results. The laboratory performing the test will be one that is certified by the
National Institute of Drug Abuse (NIDA). The laboratory used will also be one whose
procedures are periodically tested by NIDA where they analyze unknown samples sent to
an independent party. The results of employee tests will be made available to the
designated Medical Review Officer. The employee will not consume any food or liquids
until after the sample is taken.
21.5.4 Collection of blood or urine samples will be conducted in a manner, which
provides the highest degree of security for the sample and free from adulteration.
Recognized strict chain of custody procedures must be followed for all samples as set by
NIDA.
21.5.5 Blood or urine samples will be submitted per NIDA standards. Employees have
the right to seek consultation with Union or legal counsel representative prior to
submission of the sample, provided it does not unduly delay the process. Employees will
not be witnessed while submitting a urine specimen.
21.5.6 Prior to submitting a urine or blood sample, the employee will be required to sign
a consent and release form. An employee who refuses to submit to discovery testing will
be subject to disciplinary action up to and including discharge for the purpose of
administering this article.
21.5.7 All samples must be stored In a scientifically acceptable preserved manner
consistent with NIDA standards.
21.5.8 The laboratory will test for only the substance and within the limits as follows for
the initial and confirmation test as provided within NIDA standards. The initial test will
use an immunoassay, which meets the requirements of the Food and Drug Administration
for commercial distribution. The following initial cutoff levels will be used when
screening specimens to determine whether they are negative for those five drugs or
classes of drugs:
INTIAL TESTING
Marijuana metabolites 100 ng/ml
Cocaine metabolites 300
Opiates metabolites (1) 300 ng/ml
Phencyclidine 25
Amphetamines 1,000 ng/ml
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 31,2005
PAGE 33
2005 IAFF Contract for ratification
CONFIRMATORY TESTING
Marijuana metabolites (1) 16 ng/ml
Cocaine metabolites (2) 150 ng/ml
Opiates
Morphine 300 ng/ml
Codeine 300 ng/ml
Phencyclidine 25 ng/ml
Amphetamine 500 ng/ml
Methamphetamine 500 ng/ml
1. Delta-9-tetrahydrocannabinol-9carboxylic acid
2. Benzoylecgonine.
If confirmatory testing results are negative, all samples will be destroyed and records of the
testing expunged from the employee's file.
21.5.9 Reporting for work with any measurable amount of alcohol in the bloodstream
(i.e. a blood alcohol level of .04 or higher) will be a basis for disciplinary action. A blood
alcohol test will be performed by a qualified laboratory to determine the amount of
alcohol in the bloodstream.
If such alcohol testing results are negative, all samples will be destroyed and records of
the testing expunged from the employee's file.
21.5.1 0 The Medical Review Officer will be employed by the collection facility and
must be a licensed physician with knowledge of substance abuse disorders. The Medical
Review Officer will be familiar with the characteristics of tests (sensitivity, specificity,
and predictive value), the laboratories running the tests and the medical conditions and
work exposures of the employees.
The role of the Medical Review Officer will be to review and interpret the positive test
results. He or she must examine alternate medical explanations for any positive test
results. This action will include conducting a medical interview with the affected
employee, review of the employee's medical history and review of any other relevant
biomedical factors. The Medical Review Officer must review all medical records made
available to the tested employee when a confirmed positive test could have resulted from
legally prescribed medication.
21.5.11 The laboratory will advise only the employee and the Medical Review Officer of
any positive results. The results of a positive drug or alcohol test can only be released to
designated Human Resources staff by the Medical Review Officer once he or she has
completed her or his review and analysis of the laboratory's test.
21.5.12 The City will pay for all costs involving drug and alcohol testing as well as the
expenses involved of the Medical Review Officer. The City will also reimburse each
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 31, 2005
PAGE 34
2005 IAFF Contract for ratification
employee for his or her time and expenses including travel incurred involving the testing
procedure only.
21.5.13 The parties recognize that an employee has the obligation not to place
him/herself in a situation where the ability to perform his/her job is impaired by drugs
or alcohol. In the event an employee fails to fulfill his/her obligations, it is the
responsibility of the City to remove such employee from the work environment to
prevent the endangerment of the employee, fellow employees and/or the public.
Any regular employee who tests positive for drugs may be subject to disciplinary action
up to and including termination, depending upon the circumstances of the situation.
Circumstances that would warrant termination include incidents where the employee's
impairment resulted in loss of life, serious injury to self or others, or the serious loss or
damage of property.
In cases where discipline is not warranted, the employee involved who tests positive for
drugs or alcohol may be placed in a rehabilitation status where the employee may utilize
accrued paid leave or donated leave. In this case the employee will be evaluated by a
licensed drug/alcohol evaluator, not employed by the City. Participation by the employee
in the approved treatment program is mandatory. Once the intensive part of the program
has been completed, the employee may be returned to his/her regular duty assignment,
but only with a written release from the Medical Review Officer. Employees who
complete a rehabilitation program may be re-tested randomly a maximum of four (4)
times a year for the following two (2) years.
21.5.14 Employees who enter and successfully complete a rehabilitation program on
their own initiative may not be subject to re-testing, except as provided in this section .
The treatment and rehabilitation will be paid for by the City only to the extent that
coverage may be provided by the employee's medical insurance program through the
City. Employees will be allowed to use their accrued, earned and donated leave for the
necessary time off involved in the rehabilitation program. Upon completion of the
program the employee will be subject to one (1) random test during the following twelve
months.
21.5.15 Periodic progress reports from the attending health care practitioner will be
provided to the City stating the prognosis of when the employee should be able to return
to his/her regular duty assignment.
21.5.16 If an employee tests positive during the two (2) year period following the
rehabilitation program, the employee will be re-evaluated by a licensed drug or alcohol
counselor to determine if the employee requires additional counseling and/or treatment.
The employee will be solely responsible for any costs not covered by insurance, which
. arise from this additional counseling or treatment. This section does not apply to
employees in rehabilitation programs pursuant to Section 20.5.10
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY or BREMERTON and IAFF LOCAL 437
January 1,2005 -December 31,2005
PAGE 35
2005 IAFF Contract for ratification
21.5.17 Once an employee successfully completes rehabilitation, they will be returned to
their regular duty assignment.
21.5.18 A regular employee has the right to challenge the results of the drug or alcohol
tests and any discipline imposed in the same manner that he/she may grieve or appeal any
other City action.
21.5.19 The parties recognize that during the life of this Agreement, there may be
improvements in the technology of the testing procedure, which provide more accurate
testing. In that event, the parties will bargain in good faith whether to amend this
procedure to include such improvements. If the parties are unable to agree on the
amendments they will be submitted to impasse procedures as outlined in RCW 41.56.
21.5.20 This Article is in no way intended to supersede or waive any constitutional or
other rights that the employee may be entitled to or legal obligations that the City may
have under federal, state or local statutes.
21.5.21 The drug-testing program was solely initiated at the request of the City. The
Union will be held harmless and indemnified, including the cost for attorney's fees, for
the violation of any employee's rights by the City arising from the administration of this
testing process.
21.5.22 The City is committed to supporting employees undergoing treatment and
rehabilitation for alcohol or other chemical dependency. The City will provide
information to employees .on available drug/alcohol abuse assistance or rehabilitation
programs.
21.5.23 The confidentiality of all complaints and reported violations of the provisions of
this policy will be strictly maintained, except as required by public disclosure laws or
court orders.
ARTICLE 22
DEFERRED COMPENSATION
22.1 Effective Junuary 1, 2002, the City shall match the payroll deduction of any \vritten
reque~t by ::m employee covered by this Agreement, in an umount not to exceed one hundred
eighteen dollar;; and no cent~; ($118.00) or three percent (3%) of ;;alury, whichever i~; greater.
22.2 Effective January 1,200'1, tIhe City shall match the payroll deduction of any written
request by an employee covered by this Agreement, in an amount not to exceed three and one-
half percent (3.5%) of salary.
22.3 Effective January 1,2002, LEOFF I bargaining unit members who have completed 25 or
more years of service with the City will no longer be required to make a matching contribution,
and may elect to have all or part of the City's maximum contribution converted into longevity in
lieu of Deferred Compensation.
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 3 1,2005
PAGE 36
2005 IAFF Contract for ratification
22.4eff€.eti.ve-Jaftuafy--l,-~-LEOFF II bargaining unit members who are a minimum of 45
years of age and have completed 15 or more years of service with the City will no longer be
required to make a matching contribution, and may elect to have all or part of the City's
maximum contribution converted into longevity in lieu of Deferred Compensation.
22.5 CONVERSION TO LONGEVITY: Employees may elect, by notifying the City in
writing on an annual basis, that they wish to convert all or a portion of the City's contribution to
their deferred compensation to longevity. Such conversion shall only be permitted in one-half
percent (112%) increments. Once an employee has elected to make the conversion from deferred
compensation to longevity, they will not be permitted to make any changes whatsoever to the
percentage converted, for a full 12 month period.
ARTICLE 23
LABOR MANAGEMENT COMMITTEE
23.1 LABOR MANAGEMENT: The Employer and the Union agree that a need exists for
closer cooperation between labor and management. To accomplish this objective, the
Employer and the Union agree that no more than three (3) duly authorized representatives
of the Union shall function as one-half (1/2) of a Labor-Management Committee, the
other half being no more than three (3) certain represel)tative of the Employer named for
that purpose. The Committee shall meet at least once every three (3) months for the
purpose of discussing and facilitating the resolution of all problems which may arise
between the parties. The Employer shall provide draft of the minutes of the meeting to
the Union's committee within (2) two weeks of the meeting. At the Committee's
discretion, additional meetings may be held. The Committee shall be chaired by a
member elected by the Committee.
23.2 Should,the Union and Employer mutually agree to change, add, or delete any provision of
this Agreement, policies, rules or other matters, such change shall be set forth in writing.
ARTICLE 24
TEMPORARY FIREFIGHTER PROGRAM
24.1 During the term of this agreement the Employer may implement a "temporary" firefighter
program. Prior to implementation the employer will meet with the Union to negotiate the
impact on employees of such a program.
ARTICLE 2S
PHYSICAL FITNESS PROGRAM
25.1 The Union and the Employer shall work cooperatively in the Joint Labor Management
" Committee and continue to develop and refine the physical fitness program.
ARTICLE 26
TOBACCO FREE WORK PLACE
26.1 As a condition of employment, all employees hired after the effective date of this
agreement shall not use any tobacco products while on duty.
ARTICLE 27
DISCIPLINARY ACTION
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 31,2005
PAGE 37
2005 IAFF Contract for ratification
27.1 Disciplinary action, as defined by the Civil Service Rules as now stated of hereinafter
amended, may be taken against any non-probationary employee for just cause. An
employee who is the subject of a disciplinary action must elect to follow the appeal
procedures either in the Civil Service Rules, or grievance procedure. The employee
selection of one procedure shall preclude the use of the other.
ARTICLE 28
TERM
28.1 The terms of this Agreement shall be in effect upon January 1, 200~l, unless otherwise
provided within the terms of each Article, and shall remain in effect through December
31, 200~4. Negotiations for a successor agreement shall commence no later than August
1, 200~4. This Agreement is hereby submitted to the Bremerton City Council for
approval. Upon the approval of the Council, this Agreement shall become binding upon
the City, the Union and all of the employees in the bargaining unit covered by this
Agreement.
DATED THIS
day of
, 200l~.
CITY OF BREMERTON:
IAFF LOCAL #437
Carol S. Conley
Director of Human Resources
;
Todd Thorsen
President
Allison Duke III
Fire Chief
Gary Bo\.ym~mJ3..ob Ashmore
Vice President
Cary Bozeman, Mayor
Doug Baier
Secretary- Treasurer
ATTEST:
APPROVED AS TO FORM:
Paula Johnston Kathleen McClu~-;key
City Clerk
Roger Lubovich
City Attorney
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2005 -December 31, 2005
PAGE 38
DATE SUBMITTED: March 16,2006
BILL # 0& - bit
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SF
........................................................................................
SUBJECT: Concurrent Jurisdiction with
United States Navy
Committee Meeting Date: Miir{7h~G86- ttfri I l.;l, 200 ~
COUNCIL MEETING Date: MaJ:G.h~~Q~- A-fr; I I q I 200 <;;
Department: City Attorney's Office
Presenter: Ken Bagwell
Phone: 473-2345
SUMMARY: The US Navy desires to standardize the legislative jurisdiction at Naval Base Kitsap
and is requesting the City ofBremerton to accept concurrent jurisdiction as it relates to federal
properties located within Bremerton City Limits.
ATTACHMENTS: Proposed correspondence accepting concurrent jurisdiction
FISCAL IMPACTS (Include Budgeted Amount):
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
I CONSENT AGENDA ~ I
RECOMMENDED MOTION: Move to authorize the Mayor to execute the proposed
correspondence accepting concurrent jurisdiction with the United States Navy for federal property
located with Bremerton City Limits.
^
,.",
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
Office of the City Attorney
Roger A. Lubovich, City Attorney
Memorandum
To: City Council
From: Ken Bagwell, Asst. City Attorney
Re: Jurisdiction
Date: March 16, 2006
The u.s. Navy wishes to standardize the jurisdiction at Naval Base Kitsap at Bremerton.
Currently, there are three types of jurisdiction on the base; exclusive federal jurisdiction,
concurrent jurisdiction and proprietary state jurisdiction. Such "mixed jurisdiction" makes law
enforcement (particularly prosecution) difficult for all involved.
To resolve this difficulty, the Navy is seeking shared, concurrent jurisdiction across the entire
base. This will require the State of Washington to "give up" jurisdiction in the proprietary areas
where the Navy currently lacks jurisdiction and requires the Navy to "give up" jurisdiction in the
areas offederal exclusive jurisdiction where Washington State currently lacks jurisdiction.
Consequently, the City of Bremerton will "give up" sole jurisdiction in areas like the new
parking garage. Jurisdiction will be shared with the Navy, allowing both entities to work
together.
This proposal will not affect the City of Bremerton' s current status regarding law enforcement or
fire/medical response on the shipyard. Currently, the City of Bremerton does not respond unless
asked. However, this proposal will allow the Navy to refer crimes for prosecution to courts
(including Bremerton) other than federal court.
In order for the Navy to proceed they need a letter signed by the local jurisdiction's executive
agreeing to the changes.
March 16, 2006
Captain TJ. Dargan
Acting Chief of Staff
Navy Region Northwest
1100 Hunley Road
Silverdale, WA 98315-1100
Re: Legislative Jurisdiction at Naval Base Kitsap
Dear Captain Dargan:
I received your letter dated October 7,2005 regarding the United States Navy's desire to
standardize the legislative jurisdiction at Naval Base Kitsap; We concur with this change
as it relates to any property within the City of Bremerton where we do not currently have
concurrent jurisdiction. However, we understand that the City of Bremerton will not be
required to engage in law enforcement or fire/medical response activities in those areas
where access is limited to Federal Governmental entities.
Please do not hesitate to call if you have any questions.
Sincerely,
Cary Bozeman
Mayor
CB:tvs
DATE SUBMITTED: 3-14-06
BILL # i2Ia::.oB C
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5~
......a..a.......m............m..........a..........u..a.....a.........a.m.ma.....a.....
SUBJECT: Purchase of Planet Air HD50
Tow Aerator (Sole Source - Single Source)
and Related Budget Adjustment.
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
'f.--/2-0?
4-'3- 00
Parks/ olf Course
Patrick Westhoff
415-6875
SUMMARY: The PlanetAir Tow Aerator is a "state ofthe art" piece of equipment that will allow us
to deep vent the greens without disrupting the playing surface. We currently loose around $55,000 in
Green Fee revenue with the old style of hollow Core Arification. We would be able to pick up this
lost revenue (weather permitting) with the PlanetAir. A Budget Adjustment of $28,000 would be
needed to purchase this piece of equipment.
ATTACHMENTS: Greens Aerification Report. Price Quotation
FISCAL IMPACTS (Include Budgeted Amount): The 2006 gold mountain golf budget did not
include this expenditure. It is recommended that a budget adjustment be made to authorize this
expenditure as it is anticipated that funding will be more than provided for in the same year by
increased revenues resulting from the reduction of time that play is disrupted. A Budget Adjustment
of $28,000 will be needed to fund this piece of equipment.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
-.J
~
----------
FISCAL/BUDGET:
OPERA nONS:
COUNCIL PRESIDENT:
I CONSENT AGENDA ~ I
1
RECOMMENDED MOTION: Move to approve the Sole Source - Single Source Purchase of the
PlanetAir HD50 Tow Aerator in the amount of$27,160.86 including wsst. and Approval of the related
Budget adjustment in the amount of $28,000.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
Gollweek's
Planetary motion aerator is catching on
By Peter L. McCormick
After several years and a constant stream of improvements, the PlanetAir planetary turf
aerator has caught the eye of golf course superintendents, all over the country, looking for
a tool to aerate greens and other turf areas without disrupting the playing surface.
Available in both fifth wheel engine-drive and
tractor-drawn PTO versions, the PlanetAir from
PlanetAir Turf Products LLC, ofOwatonna,
Minn., incorporates a planetary gear drive
system to counter-rotate four shafts of shatter
tine slicing knives around a primary drive rotor.
The primary shaft rotates opposite the direction
of travel while the planetary gear counter-
rotates the four tine shafts in the direction of
forward travel.
This process builds in motion to move the
shatter knives through the soil profile without
disrupting the surface, instead of relying on leverage against the soil to create a kick as some
aerator technologies do, according to Dave Maas, president of Planet Air.
"Our patented planetary gear system works
just like the Spirograph toy we used as
kids." Maas explained. When you turn the
handle on the Spirograph in one direction,
which in turn turns the small gears in the
opposite direction it makes an elliptical or
planetary pattern. The PlanetAir main
rotor is driven in one direction, and the
planetary motion drives the knives in the
opposite direction.
Designing the patented slicing tines in a
scimitar shape, to mimic the path of motion
through the soil, was thekeyto aerating
TIm PI.lUHtAfr
pla/u:tiffY ;It:mfOr
fcalUn;!) faUf
shafts of knives
lhm ralntl! in lhf!
fJIJllvsit,; (Jin:,,:tkm
;uwllic:;,rh,:
111m;hil1c triJVC(~.
1be knives churn
utllJer[jffnmrf.
Silaitf!Finy 11m $;.Dil
pm(;tuwlJiJn
Icavin!] nn/y Hi
SmiJ"~til ill the
~urfaiX'.
..
golf greens without any surface disruption. This enabled the planetary action to drive the knives
up to 4" deep into the soil with only a small incision at the surface, creating a tear drop shaped
pocket below the surface and then exit through the original slit. Because of the elliptical design
of the planetary action there is a tremendous "kick" at the bottom of the rotation to provide
additional fracturing below the surface.
"It's a lot like arthroscopic
surgery", Maas says. "The
machine makes a small hole on top
but a larger one underneath for
additional oxygen/carbon dioxide
exchange, root growth, and
movement of water from the soil
surface. The churning motion of
the knife within the subsurface
pocket shatters the soil profile to
extend the effect beyond the
immediate area. The only visible
effects on the green surface are
rows of small incisions".
The PlanetAir is equipped with
front and rear rollers to follow undulations and firm up the surface for incredibly smooth ball
roll. The shatter-knives are available in 1/8", 1/4", and 3/8" thickness, and depth is adjustable.
Contributing editor Peter McCormick is the general manager/editor of TurfNet, an affiliated
print and Web-based information service for superintendents.
OXIDA TION AND THATCH REDUCTION
Dr. Milt Engelke - Texas A & M, Austin
AngronomylHorticulture
THE PHYSICS OF AERATION
You might have thought that everything
that needed to be said about aeration of
golf course greens had been written. Not
necessarily. It's a work in progress.
With the increasing demands for
turf grass quality and the development of
new methods and equipment to help us
satisfY those demands, there is a constant
flow of new information available,
making it necessary to add additional
volumes to the aeration chronicles.
It's clear that all good superintendents
and perhaps most mediocre ones will
accept that one cannot successfully
manage a putting green without aeration.
The question is simply when and what
method.
Aeration's primary function is to correct
compaction caused by both foot traffic
from golfers and machinery and to
remove excess thatch from the upper
root zone. Occasionally you'll hear a
superintendent say he doesn't have a
compaction problem. Well, maybe he
doesn't that day because he's temporarily
solved the problem. But, everyone gets
compaction, and if not corrected the
problems can be enormous. The good
news is that compaction is a major
concern of golf course superintendents
and they are constantly striving to
improve or eliminate the condition.
Everyone agrees that aeration is
unavoidable. Now, let's examine the
methods used to accomplish our objective.
From this point on we need to think "outside the
box". Are you ready for some controversy?
Perhal1s the most misused form of aeration is
hollow tine aeration.
Hollow tining was invented 85 years ago as a
soil exchange procedure. When greens were
maintained on heavy soils, and generally
unimproved, it made sense to extract a small
percentage of the heavy soil and replace it with
sand or sandy 'compo st. Over a period oftime
we could expect to see improvement in the root
zone. However, on sandy soils it seems
reasonable to not remove physically ideal root
zones. It seems wasteful and alters the
consistency of the root zone.
Because of conscientious aeration practices and
topdressing procedures, today's old "push up"
greens contain 90% sand in the upper root zone.
Of course, our newer USGA greens can have an
even higher percentage of sand in the "zone".
So, why replace that beautiful material?
Wouldn't a program of frequent topdressing and
aeration, without removing substance, work
more effectively without destroying the good
work already accomplished?
The key word here is frequent. Frequent deep
venting and topdressing without disrupting the
playing surface is now a reality due to the
introduction of new "state of the art" equipment.
At this point it would be good to acknowledge
the fact that nobody advocates the elimination
of core aeration - only the intensity is in
question.
Thatch
Golf course superintendents are well
aware of the negative aspects of excess
thatch: Increased disease problems,
localized dry spots, uneven surfaces,
decreased stress hardiness, restricted
rooting, nutrient immobilization, spongy
surface in wet weather, etc., etc.
A thatch layer develops in any situation
where the accumulation rate of dead
organic matter from the growing turf
exceeds the rate at which it decomposes.
Consequently, any cultural or
environmental factors that will impair
decomposition will encourage thatch
accumulation.
Thatch and pH
Strongly acidic conditions will inhibit
micro-organism activity and,
consequently, decrease the
decomposition rate. The organic
consumers and decomposers prefer
neutral to alkaline soil conditions.
Optimum activity of species capable of
decomposing cellulose and lignin,
principal components of thatch, occurs at
pH 6.5 to 7.5. .
Frequent Venting
Frequent venting provides a consjstent
supply of oxygen. Oxidation is the
primary process that digests thatch and
organic matter in the upper root zone.
Also, remember that aerobic bacteria are
bacteria that live and grow in the
presence of oxygen. A consistent
oxygen supply will produce a
dependable and healthy population of
aerobic bacteria. Aerobic digestion of
thatch, although slower than the
oxidation process, is the natural
degradation procedures in which bacteria
that thrive in oxygen-rich environments break
down and digest the thatch.
Frequent venting is the prevention of thatch
and organic build-up. Core aeration is the
repair tool.
Thatch and Oxidation
Oxidation is commonly called "burning" and
happens quickly, as in a fire, or slowly, as when
thatch is oxidized.
Oxidation is when an atom loses an electron to
another atom. For example, when hydrogen
combines with oxygen to make water, the
hydrogen loses an electron and is oxidized. In
plain terms, when thatch is oxidized it loses
density.
In nature when there is an action there is a
reaction. Oxidation is when a substance
increases the amount of oxygen. Reduction is
when there is a decrease in the amount of
oxygen in a substance. They always occur
together and the process is referred to as redox.
Examples of redox are the "burning" of
hydrogen, nitrogen, or thatch. Examples of
biological redox are photosynthesis and
respiration. Photosynthesis involves the
reduction of carbon dioxide (C02) into sugars
and the oxidation of water into oxygen. The
reverse reaction, respiration, oxidizes sugars to
produce carbon dioxide and water. The whole
process revolves around the availability of
oxygen, and aeration is critical to this process.
In effect, the oxidation process is the "burning
away" of thatch accumulation.
It's interesting to note that various on going
studies on golf course putting greens indicates
that frequent aeration, at 10 - 21 day intervals,
appears to prevent organic matter accumulation.
No matter which aeration method you choose,
borrowing a phrase from Nike - Just Do It!
TerpH Northwest, Inc.
P.O. Box 1684
Edmonds, WA 98020
Phone: (425) 870-6700
Fax: (425) 778-7835
Email: terph.nw@verizon.net
Price Quotation
Date Quotation #
3/9/2006 4301
Quotation for:
Gold Mountain Golf Course
Golf Course Maintenance Department
5572 Imperial Way
Port Orchard, WA 98366
Terms FOB
Due on receipt Dest.
Quantity Part No. Description Price Total Amount
1 XPA-560.00-1 560.00 PlanetAir HD50 Tow Aerator with 25,500.00 25,500.00
one set of tines.
W/OPTIONS: 23HP Vanguard, 6 Gallon
Fuel Tank, Electric Start, Battery,
Tach/Hour Meter, Automatic
ClutchlThrottle Pull Off.
Z-Rebate Factory Rebate (2.5%) -675.00 -675.00
1 Z-Misc. 5th wheel attachment for Cushman. 185.00 185.00
DEDUCT $1000.00 FROM INVOICE IF
PAID ON DELIVERY.
Subtotal $25,010.00
Sales Tax $2,150.86
Customer acceptance of price quotation and authorization to T olal $27,160.86
ship order.
X Freight $0.00
Total Quotation $27,160.86
DATE SUBMITTED: Apri15,2006
BILL # 010'- 08 i
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5H
............................a...........................................................
- SUBJECT: 2006 Kitsap HydroFest
Committee Meeting Date: April 12, 2006
COUNCIL MEETING Date: April 19, 2006
Department: Parks & Recreation
Presenter: Jodi Wroblewski
Phone: 473-5429
SUMMARY: The Seattle Outboard Association (SOA) has once again applied to the City of
Bremerton for permission to hold the 2006 Kitsap HydroFest, a hydroplane/runabout race, on May 20
and 21, 2006, on Kitsap Lake. This event is part ofthe 58th Annual Armed Forces Festival and their
fourth annul event on Kitsap Lake. The previous events were deemed successes and no significant
incidents associated with this event have been reported.
The organizers are expected to satisfactorily comply with the 2006 requirements set forth by the
Police, Fire, Risk Manager and Parks & Recreation Departments.
ATTACHMENTS: Seattle Outboard Association Application - 2006 Kitsap H ydroF est
FISCAL IMPACTS (Include Budgeted Amount): No foreseeable impacts
APPROVALS:
DEPARTMENT DIRECTOR:
./
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
~?P"'- ~~
c;:'/' 1.
r- ,'/
RECOMMENDED MOTION: Motion to approve the Seattle Outboard Association's application to
hold 2006 Kitsap HytlroFest, a hydroplane/runabout race, on Kitsap Lake on May 20 and 21, 2006
pending their compliance of the City's requirements.
I CONSENT AGENDA 1& I
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
03/21/2005 10:02
3504785200
PAGE 02
; f;? c(. .' r~ IF: n \1 Er;,-:;; [:-.J
i. M l' ~,..A ....,., U ,.
MAR Z 1 200G
I OffiCE OF THE
\.. CITY C!ERK
City Clerk
Paula Johnston
345 6U1 Street
Bremerton. WA 98337
March 13, 2006
Dear Paula,
Please accept this letter as the official application for our participation in the 58th Annual Armed Forces Festival on
behalf of the Seattle Outboard Association to host the 2006 Kitsap HydroFest, a sanctioned regatta on Kitsap Lake during
the weekend of May 20-21,2006. The event will once again be held at the US Naval Station facility, Camp McKean. We
understand that the City Park boat launch will be closed to the public for that weekend and request limited access to the
boat launch for rescue and patwl boatS for both days. As in the past three yeal'S, we will again arrange for additional off-
site spectator parking and work in conjunction with Kitsap Transit to provide shuttle services.
Listed below is the information requested in paragraph 3 of City Ordinance 13.08~080.
3a) Sponsoring Organization: Seattle Outboard Association
25526 223td Court SE
Maple Valley, WA 98038
3b) Event Contacts:
John Erickson Ph: (206) 780-9731
P.O. Box 10159 Fal(,: (206) 780"51.67
Bainbridge Is., W A 98110
Dwight Malhiot Ph: (360) 830.4978
279 Gold Creek Rd NW
Bremerton, W A 98312
3c) Event Name: 20M Kitsap HydroFest
Pm"pose: Tel conduct and promote the sport of outboard powered boat racing.
3d) General Interests: SOA is a nonprofit organization, founded in the late 1920's, to promote the sport of
outboard powered boat racing featuring two classes of boats. hydroplanes and runabouts. These boats range in
sizes from 8 to 12 fe~t in length and the drivers range from juniors, beginning at 9 years old, all the way up to
seniors. Some of SOA.'s members have gone on to becoming famous professional unlimited hydroplane drivers
including Chip Hanam:r and Nate Brown.
3e) Estimated number & types of watercraft: 50-75 outboard powered hydroplanes & runabouts.
3f) Estimated number of spectator watercraft: None - Lake Closed.
3g) Estimated numbE'f of persons, participants, and all others: 250-500.
3h) Minimum numbE,r of sponsoring boats and persons to patrol the event: At least 5 boats and 6 people.
30 Time schedule and df"scdption of events: 9:30am to 6:00pm Saturday and Sunday, approx. 14 classes of
race boats with 2 heaw each of limited hydroplanes and runabouts. .
3j) Section of a chart showing the boundaries of the event: See accompanying diagram.
3k) Certificate of Insul'ance: A Liability Insurance policy, in the amount of $5,000,000, will be issued prior to
event start and copies subtrjtted to the City of Bremerton A 2005 sample copy is attached.
SOA will have five patrol/rescue bo.m on the racecourse prior to the start of each heat ofthe race. Two boats are dedicated
for rescue purposes, as requlr,~d by the American power Boat Association and BMC 13.08.080(6)(C), and will contain
devices to lift injured drivers from water, First Aid Kits, Fire Extinguishers, and two-way radios. The primary rescue
ve$sel has been specially designed with a drop-down bow section that allows for easy transport of a Stokes stretcher to-and-
03/21/2006 10:02
3604785200
PAGE 03
Cro.m the water and/or ~hore. This vesSel will be manned by three members of the Bremerton Race Rescue team consisting
of two EMT's and a rescue diver. They will be on-station as designated by the. Fire Chief, typically in the center 01 the
racecourse, with its engine idling in neutral, ready to respond quickly, lUId is in radio communication with the entire race
committee and the other patrol and rescue watercraft. The secondary rescue boat will have a backboard and be operated by
authorized personnel of SOA and will typically patrol inside the area of the first turn. Xn addition to the two rescue vessels,
there will be two safety judge boats, one anchored inside each end of the racecourse, along with a third patrol boat typically
patrolling the inside area of the second turn.
SOA will coordinate to have two paramedics who will be onsite for the duration of both days. The ambulance will be
positioned nearby the dock at C~lmp McKean, and a clear roadway access to the street will be maintained and supervised by
SOA's designated Risk Manager. The Risk Manager for this event will thoroughly inspect the racecourse, and all areas to
be used by spectators or participants. Plastic banner type fencing will be positioned to designate spectator and any
hazardous areas.
SOA will post a $1,000 performance bond (or cash) to the City of Bremerton for this event and will be issued prior to the
start of the event as outlined in IIMC 13.08.080(4).
The State Department of Fish ilnd Wildlife in Olympia was contacted prior to the last three year's events and they had
stated that no permits were requi.red for the event and that the City of Bremerton has control of the lake.
Our use of the City Park boat launch facility will be monitored, and cordoned-off if necessary, by a designated risk manager
to ensure that public safety is maintained by others using the park. We will not be launching any race boats from the boat
launch nor do we request the use of the park facilities after designated parle hours.
This event is sanctioned and insured by the American Power Boat Association (APBA) and SOA is the conducting club.
APBA will provide a supplemental letter to the City of Bremerton that will include Hold Harmless language (outlined
below) and signed by the Regioll10 Chairman.
The American Power Beat Association agrees to defend, indemnify and hold harmless the City, its appoirtted
and elected officials ana' employees, from and against any and all liability, loss, costs, damage and expense,
including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting
therefrom, sustained or alleged to have been sustained hy any person or persons and on accoufU of damage to
property, arising or alleged to have arisen directly or indirectly out of the American Power Boat Association 3-
event held on Kitsap Lake on May 20th and 21st, 2006, except for alleged negligent acts or omission of the city,
iiS appointed and electea' officials and employees ar any aUeged defective condition of the premises.
These regattas provide great spectator entertainment. free, for the whole family to enjoy for the weekend. The event is
strictly sanctioned and insured by th~ American Power Boat Association, and our respect for the care and usage of the lake
and park facilities, along with the safety of the spectators, is of our utmost concern.
Please let me know if there is allY add.itional information that you will need to process this application. I can be reached at
the numbers listed below_
.0. Box 10159
Bainbridge Island. W A 98110
(Wk) 206-780-9731 (Fax) 206-780-5167
(Cell) 206-595-9863
03/21/2006 10:02 3604785200 PAGE 04
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DATE SUBMITTED: March 21, 2006
BILL # O~- D8.J.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5~
...............................................................................a........
SUBJECT: Contract Modification Between
the City of Bremerton and Waste
Management of Washington, Inc.
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
April 12, 2006
April 19, 2006
Public Works &
Utilities
Pat Coxon
473-5448
SUMMARY: This is a proposed contract amendment with Waste Management Inc. (WMI) for
transport of biosolids from the Westside WWTP to the application sites, utilizing their equipment, for
a total cost of $50,000/year. This contract amendment includes the container rental and hauling fees.
The savings realized by the City, include the elimination of$l,OOO,OOO of planned capital
expenditures, and the elimination of training for and maintenance of new equipment.
ATTACHMENTS: 1. Council Summary; 2. Contract Amendment
FISCAL IMPACTS (Include Budgeted Amount): This would be budgeted through the Wastewater
Operations Budget. Bars # 535.8032.54910.
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
CONSENT AGENDA
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to approve the Contract Modification between the City of
Bremerton and Waste Management of Washington, Inc. to add the hauling of biosolids as a
reimbursable service to the City for an annual payment not to exceed $55,000.00 and authorize the
Mayor to finalize and execute the necessary contract documents for the agreement without further
City Council approval.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
COUNCIL SUMMARY
CONTRACT MODIFICATION BETWEEN
CITY OF BREMERTON AND WASTE MANAGEMENT, INC.
We have determined that it is more cost effective to contract with Waste
Management of Washington (WMI), for the transport of our biosolids from the
WWTP to our two designated sites on the watershed.
The original plan was to purchase two 30 yard trailers and a tractor to haul the
biosolids produced at the WWTP. This would have provided us redundancy as
well as storage capacity at the WWTP. The purchase would have also included
the construction of a biosolids load out facility at the WWTP. The sum of the
costs for the purchase and construction would have been $1,000,000. These
costs were to be included in the projected WWTP upgrades in 2007 where there
is partial funding through the EPA STAG Grant.
Staff began looking at the alternative of utilizing WMI to transport our biosolids to
our designated sites and see if it was feasible as well as cost effective. Staff set
up two trial runs with WMI at the WWTP, and it worked quite well. The costs for
the dumpster rental and the transport of the biosolids would be approximately
$50,000, on an annual basis. Other added benefits in the selection of WMI,
would be the reduction in liability by not having City staff transporting biosolids in
City vehicles and freeing up Forestry staff from this job, which would result in an
overall increase in efficiency at Forestry.
In summary, we ask that Council approve the contract modification with WMI for
the transport of biosolids from the WWTP.
CONTRACT MODIFICATION BETWEEN THE CITY OF BREMERTON
AND WASTE MANAGEMENT OF WASHINGTON. INC.
PROJECT: Biosolids Collection and Delivery
DATE:
,2006
This contract modification agreement specifically amends the contract entered
into between the City of Bremerton and Rabanco, Ltd, as assigned to Waste
Management of Washington, Inc. on June 14, 2004 by Bremerton City Council
Resolution No. 2930 and as amended by Bremerton City Council Resolution 2936 on
August 14, 2006. Said contract is subject to the following amendments, which are
attached hereto and incorporated as if fully set forth herein:
1. January 4, 2002 amendment signed by Steve Caputo, General Manager on
March 11, 2002;
2. July 9, 2002 amendment signed by Steve Caputo, General Manager on July 19,
2002; and
3. September 26, 2005 setting forth various administrative contract changes.
All provisions in the Contract shall remain in full force and effect except as previously
amended and as amended herein.
Section 2.2.8 of the Contract is modified as follows:
2.2.8 SeNice to City Facilities
The Contractor shall provide weekly Garbage collection for street litter receptacles
(including the provision, removal and replacement of plastic bags to line the
receptacles) within the City SeNice Area and weekly Garbage and Source-separated
Recyclables collection to all City-owned municipal facilities without charge except for the
collection of biosolids from the City's Wastewater Treatment Plant and delivery of such
to the City's biosolids application area. The City will reimburse Waste Management for
the rental of collection boxes at $52.25 per box per month and $87.78 for each trip in a
total annual amount not to exceed $55,000. Those facilities include, but are not limited
to the following:
Facility
Public Safety Building
Fire Station #1
Fire Station #2
Fire Station #3
Police Department
Police Department
Address
239 4th Street
911 Park Avenue
5005 Kitsap Way
3031 Olympus Drive
4846 Au!o Center Way
3029 Olympus Drive
10f3
Facility
Library
Bremerton Naval Museum
Public Works Operations Complex
Pendergast Park
Lions Ball Field
Sheridan Park Recreation Center
Waterfront Boardwalk
Jarstad Aquatic Center
Evergreen Park
Senior Center
Public Works and Utilities
Forestry Division
Jarstad Park
Wastewater Treatment Plant
Gold Mountain Golf Course
Address
61 0 5th Street
4th and Pacific
100 Oyster Way
Union Avenue
Lebo Boulevard
680 Lebo Boulevard
Washington Avenue
50 Magnuson Way
Park Avenue
1140 Nipsic
3027 Olympus Drive
Old Belfair Highway
Old Belfair Highway
1600 Oyster Bay
Old Belfair Highway
In additions, the Contractor shall furnish, haul and compost eight 30 (thirty) cubic yard
Dropbox Container loads of Yard. Debris from City spring clean-up activities each year
without additional compensation for hauling costs for Yard Debris processing facility
tipping fees.
II
Waste Management accepts all requirements of this Contract Modification by endorsing
below. This documentwill become a supplement of the contract and all provisions will
apply hereto. It is understood that this Contract Modification shall be effective when
approved by the City of Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a
contract modification that is binding on the parties of this contract. In addition, Waste
Management warrants that it has or will inform the surety of this change, and shall take
appropriate action to modify any bonds required under the contract to address this
change.
IN WITNESS WHEREOF, the parties have executed this Contract Modification on the
day and year first written above.
Director of Public Works & Utilities:
Approved to process
Initials & Date
WASTE MANAGEMENT
THE CITY OF BREMERTON
By
Its
By Cary Bozeman
Its Mayor
Date:
Date:
20f3
APPROVED AS TO FORM:
Bremerton City Attorney
30f3
ATTEST:
Bremerton City Clerk
A-Py, I q, d-600
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DATE SUBMITTED: August 30, 2005
BILL # Otb- ()8:5'
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
~'"
-
.. .,
.....................................8....................................8.............
SUBJECT: Lease between the City and
Camp Fire USA, Puget Sound Council and
Girl Scouts - Totem Council for the use of
real property including the building
commonly known as the Girl ScouUCamp
Fire Building located at 11 09 Warren Ave.
SUMMARY: The proposed lease relates to an agreement between the City and the Girl Scouts for
the use of the Girl Scout! Camp Fire Building on 11 th and Warren. The lease allows the Girl Scouts a. CAmp flr-e
continued use of the building for 3 years, commencing May 1, 2006 and ending April 30, 2009.
However, the City may terminate the Lease anytime after April 30, 2008 if funding and design
approval are in place for the planned intersection improvements affecting the property. The Girl
Scouts are required to pay all utilities and are responsible for all maintenance and repairs.
Committee Meeting Date: April 12, 2006
COUNCIL MEETING Date: April 19, 2006
Department: Public Works
Presenter: Phil Williams
Phone: 473-5315
~~.i~crt-~~ 'KttL L.eASe A~n~eM~ \nc..\(Aole..s bo-rk Ca.Mp Fire..
ATTACHME~TS:ttease Agreement between the City of Bremerton and Camp Fire USA Central
Puget Sound Council and Girl Scouts - Totem Council.
FISCAL IMPACTS (Include Budgeted Amount): None.
APPROVALS: l/'---;;)'/ _
DEPARTMENT DIRECTOR: ( 0Xf /}j&~-.?
CITY ATTORNEY: ';---z f
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
I CONSENT AGENDA 0 I
RECOMMENDED MOTION: Move to approve the Lease Agreement between the City of
Bremerton and Camp Fire USA Central Puget Sound Council and Girl Scouts - Totem Council for the
use of real property, including the building commonly known as the Girl ScouUCamp Fire Building,
located at 1109 Warren Ave. and authorize the Mayor to execute the Agreement in substantially the
same form as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
GIRL SCOUT / CAMP FIRE LEASE AGREEMENT
THIS LEASE AGREEMENT (this "Lease") is made this day of April, 2006,
between the CITY OF BREMERTON, a municipal corporation ("Landlord"), and CAMP FIRE
USA CENTRAL PUGET SOUND COUNCIL, a Washington public benefit nonprofit
corporation, and GIRL SCOUTS - TOTEM COUNCIL, a Washington public benefit nonprofit
corporation (collectively, "Tenant").
WITNESSETH:
1. Premises. Landlord does hereby lease to Tenant the real property, including the
building commonly known as the Girl Scout/Camp Fire Building, located at 1109 Warren
Avenue, Bremerton, Washington, legally described in Exhibit A ("Premises"), and depicted
generally on the drawing attached hereto as Exhibit B.
2. Term. The Premises are leased to Tenant for a term of three (3) years,
commencing May 1, 2006, and ending April 30, 2009, provided, however, that Landlord shall
have the option to terminate this Lease effective anytime after April 30, 2008, by 120-days prior
written notice to Tenant, if prior to such notice Landlord has obtained complete funding and/or
commitments for complete funding and Was~ington State Department of Transportation design
approval of planned intersection improvements affecting the Premises. Landlord shall make
reasonable attempts to provide Tenant information about the status and progress of funding and
design approval from time to time during the term ofthis Lease. Notwithstanding the foregoing,
Tenant may terminate this Lease at any time upon 30 days prior written notice to Landlord.
3. Rent. As rent, Tenant shall pay all utilities and shall repair and maintain the
Premises as set forth in Paragraphs 5 and 6 below.
4. Use of Premises. Tenant shall not use said Premises for any purpose other than
conducting the business of the Councils and shall not use said Premises or any part thereof for
any illegal purpose. Tenant agrees to conform to municipal, county, and state codes, statutes,
ordinances, and regulations concerning the use and occupation of said Premises.
5. Utilities. Tenant shall pay for services and utilities supplied to the Premises,
including water, heat, sewer, electricity, garbage, and for all other public utilities which shall be
used on the Premises during the full term of this Lease.
6. Repairs and Maintenance. Tenant agrees to keep the sidewalk surrounding said
Premises free and clear of all obstructions; to replace in a neat and workmanlike manner all glass
and doors broken during occupancy thereof; to use due precaution against freezing of water or
waste pipes and stoppage of same in and about said Premises and that, in case water or waste
pipes are frozen or become clogged, Tenant shall repair the same at his own expense, as well as
all damage caused thereby. Tenant agrees to furnish competent janitorial service for the
Premises.
Tenant agrees to maintain the Premises, except repair of substantial damage to or
destruction of the building within the Premises, at its expense and to keep the Premises in a neat
SEA 1774815v3 27773-26
and clean condition. Tenant shall not be responsible for repair of any damage resulting from the
negligence of Landlord, and Tenant shall not be required to redecorate the Premises at any time.
Tenant agrees that at the expiration or sooner termination of this Lease, Tenant will vacate, quit
and surrender the Premises and will deliver all keys belonging to the Premises to Landlord or
Landlord's agent. The parties-acknowledge that it is anticipated that the building upon the
Premises will be demolished following Tenant's vacation of the same, therefore, Tenant will
only be required to repair and maintain the same, as required in this paragraph, to the extent
necessary to maintain a safe structure suitable for the permitted uses under this Lease and as
required by applicable building codes and other applicable state and local laws and regulations.
Tenant acknowledges and agrees that Landlord shall bear no liability to Tenant for any
substantial damage to or destruction ofthe building within the Premises during the term ofthis
Lease. Tenant agrees and covenants to keep the Premises, including the building within the
Premises, safe for all reasonably foreseeable uses of the Premises, until and including the date of
expiration or termination of this Lease.
7. Sublet. Tenant agrees not to sublet said Premises, nor assign this Lease, nor any
part hereof, without the prior written consent of Landlord.
8. Liability. Landlord assumes no responsibility for personal belongings used at, or
stQred on, the Premises.
9. Hold Harmless and Indemnity. Tenant will save, defend and hold Landlord
harmless from all loss, damage, liability or expense resulting from any injury to any person or
any loss of or damage to any property caused by or resulting from any act or omission of Tenant
or any officer, agent, employee, guest, invitee or visitor of Tenant in or about the Premises, but
the foregoing provision shall not be construed to make Tenant responsible for injuries to third
parties, caused by the negligence of Landlord or any officer, agent, employee, guest, invitee or
visitor of Landlord, nor for substantial damage to or destruction of the building within the
Premises. Landlord shall not be liable for any loss or damage to person or property sustained by
Tenant, or other persons, which may be caused by theft or by any act of neglect of any tenant or
occupant of the building, or of any other person, or by any other cause, unless caused by the sole
negligence of Landlord or its officers, licenses, agents, employees, guests, invitees or visitors.
10. Liens. Tenant shall keep Premises free from any liens arising out of any work
performed, materials furnished or obligations incurred by Tenant.
11. Fire and Hazard Insurance. [No provision.]
12. Liability Insurance. Tenant, at its own expense, shall provide and keep in force
with companies acceptable to Landlord, public liability insurance for the benefit of Landlord and
Tenant jointly against liability for bodily injury and property damage in the amount of not less
than One Million Dollars ($1,000,000) in respect to injuries to or death of one or more person(s)
in anyone occurrence, and in the amount of not less than One Hundred Thousand Dollars
($100,000) per occurrence in respect to damage to property, such limits to be greater amounts as
may reasonably be indicated by circumstances from time to time existing. Tenant shall furnish
Landlord with a certificate of such policy within thirty days (30) of the commencement date of
SEA 1774815v3 27773-26
2
this Lease and whenever required shall satisfy Landlord that such policy is in full force and
effect. Such policy shall name Landlord as an additional insured and shall be primary and
noncontributing with any insurance carried by Landlord. The policy shall further provide that it
shall not be canceled or altered without twenty (20) days prior written notice to Landlord.
13. Notices. All notices under this Lease shall be in writing and delivered in person
or sent by registered or certified mail to Landlord in care of the Director of Parks and Recreation,
345 6th Street, Bremerton, WA 98337, and to both Camp Fire and Girl Scouts at 1109 Warren
Avenue, Bremerton, W A 98337, effective as of the postmark time and date, or to such other
place as may hereafter be designated by either party in writing.
14. Tenant's Obligations. Tenant agrees:
a. To keep said Premises in a clean and sanitary condition;
b. To properly dispose of rubbish, garbage, and waste in a clean and sanitary
manner at reasonable and regular intervals and to assume all costs of
extermination and fumigation for infestation caused by Tenant;
c. To not intentionally destroy, deface, damage, impair, or remove any part
of the Premises, their appurtenances, and facilities (except as permitted
under Paragraph 20), nor to permit any member of his family, invitee,
licensee, or other person acting und his control to do so;
d. Not to permit a nuisance;
e. To keep the Premises safe from defects increasing the hazards of fire or
accident;
f. To maintain the landscaping within the Premises;
g. To maintain all electrical, plumbing, heating, and other facilities and
appliances in reasonably good working order; and
h. To turn over to the City of Bremerton, the Premises upon vacation.
15. Landlord's Obligations. Landlord agrees to:
a. Immediately notify Tenant by certified mail or posting, of any changes as
to the person or address of Landlord. .
b. Give Tenant peaceable and quiet enjoyment of the Premises during the
term of this Lease.
16. Access. Landlord reserves the right of access to the Premises for the purposes of:
a. Inspection;
SEA 1774815v3 27773-26
3
b. Exhibiting or displaying the Premises to workmen or contractors. Access
shall be at reasonable times upon twenty-four (24) hours' notice, except in
case of emergency or abandonment.
17. Tenant's Default. The occurrence of anyone or more of the following events
shall constitute a default and breach of this Lease by Tenant.
a. Abandonment. Tenant vacates or abandons the Premises; or
b. Failure to Observe Other Covenants. Tenant fails to observe or perform
any of the covenants, conditions, or provisions of this Lease to be observed or performed by
Tenant where such failure shall continue for a period of thirty (30) days after written notice
thereofby Landlord to Tenant; provided, however, that if the nature of Tenant's default is such
that more than thirty (30) days are reasonably required for such cure, then Tenant shall not be
deemed to be in default if Tenant commences such cure within said thirty (30) days and
thereafter, diligently prosecutes such cure to completion.
18. Remedies on Default. In case of violation of this Lease by Tenant, Landlord shall
notify Tenant in writing of such violation and demand that the terms of the Lease be complied
with by Tenant within a period of thirty (30) days following the delivery of said notice. In the
event of the failure of Ten ant to remedy any default or violation of the covenants, agreements or
conditions herein contained within thirty (30) days from the receipt of said notice, this Lease and
all rights of Tenant hereunder shall be terminated and Landlord shall have the right to enter upon
the Premises and take possession thereof. Tenant agrees to pay Landlord the cost of recovering
possession of the Premises and any other costs or damages arising out of Ten ant's default
including, without limitation, the costs of removing persons and property from the Premises, the
costs of repairing the Premises, and legal expenses and.fees.
19. Insolvency, In the event that Tenant shall become insolvent or go into
bankruptcy, this Lease may be canceled at the option of Landlord without notice and Landlord
may take immediate possession of the Premises and the whole thereof and the same shall not
become an asset in bankruptcy.
20. Surrender of Premises. Upon expiration or termination:
a. Tenant shall remove all of its personal property and any debris from the
Premises and return the same to Landlord.
b. Because Landlord intends to demolish the building within the Premises
after expiration or termination of the Lease, Tenant shall have the option to remove portions of
the building within the Premises upon the expiration or termination of this Lease, if such
expiration or termination occurs after April 30, 2008, including without limitation components of
any fa<(ade or fireplace, in which event Landlord shall convey ownership of such removed
portions to Tenant, provided, however, that this subsection shall be ineffective if Landlord, by
ordinance or resolution of the City Council of the City of Bremerton during the term of this
Lease, decides not to demolish the building. Tenant shall coordinate and cooperate with
Landlord regarding the removal of any portions of the building to ensure that the Premises
SEA 1774815v3 27773-26
4
remain safe after such removal and to ensure that Landlord suffers no presently unforeseeable
liability or loss relating thereto. Tenant shall have such right of removal only ifit does not
interfere with or delay construction of the street improvements.
f:-Because Landlord intends to demolish the building within the Premises
after expiration or termination ofthe Lease, Tenant shall have the option to relocate the entire
building to other real property upon the expiration or termination of this Lease, at Tenant's sole
expense, subject to issuance of any permits required for such relocation, in which event Landlord
shall convey ownership of the building to Tenant upon such relocation. Tenant shall coordinate
and cooperate with Landlord regarding the relocation of the building to ensure that the Premises
remain safe after such relocation, to ensure that the relocation does not delay Landlord's
intersection improvement project, and to ensure that Landlord suffers no presently unforeseeable
liability or loss relating thereto. Tenant shall have such right of relocation only ifit does not
interfere with or delay construction of the street improvements.
d. In the event of a retaking of possession of the Premises by Landlord,
Tenant shall remove all personal property located thereon and upon failure to do so upon demand
of Landlord, Landlord may remove and store the samein any place selected by Landlord,
including but not limited to a public warehouse, at the expense and risk of Ten ant. If Tenant
shall fail to pay the cost of storing any such property afterit has been stored for a period ofthirty
(30) days or more, Landlord may sell any or all of such property at a public or private sale and
shall apply the proceeds of such sale first to the cost of such sale, secondly to the payment of the
charges for storage, if any, and. thirdly to the payment of any other sums of money which may be
due from Tenant to Landlord under the terms of this Lease, and the balance, if any, to Tenant.
Tenant hereby waives all claims for damages that may be caused by Landlord's lawfully
reentering and taking possession of the Premises or lawfully removing and storing the property
of Ten ant as herein provided and will save Landlord harmless from loss or damages occasioned
by Landlord thereby, whether such lawful reentry shall be considered or construed to be a
forcible entry.
e. Upon vacation of the Premises, Tenant releases any and all interest in or
claims to the Premises.
21. Costs and Attorney Fees. If, by reason of any default or breach on the part of
either party in the performance of any of the provisions of this Lease, a legal action is instituted,
the losing party agrees to pay all reasonable costs and attorney fees in connection therewith. It is
agreed that the venue of any legal action brought under the terms of this Lease may be in the
county in which the Premises are situated.
22. Amendments. No alteration or modification of the terms or conditions hereof
shall be valid and binding unless made in writing and signed by the authorized representatives of
the parties hereto.
23. Nondiscrimination. Tenant shall not discriminate in employment or services to
the public on the basis of sex, race, color, creed, national origin, age, marital status, or physical,
mental or sensory handicap except an employment action based on a bona fide occupational
qualification.
SEA 1774815v3 27773-26
5
24. Waiver of Default. No waiver of default by either party of any of the terms
covenant and conditions hereof to be performed, kept and observed by the other party shall be
construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and
conditions herein contained, to be performed, kept and observed by the other party.
25. Adjudication. This Lease shall be construed under all of the applicable laws,
statutes, ordinances, rules and regulations ofthe United States, the State of Washington, County
of Kitsap, and the City of Bremerton. In the case of dispute between the parties, venue over such
dispute shall be with the Superior Court of Kit sap County, Washington.
26. Binding Effect. This Lease shall be binding upon the heirs, successors, assigns
and all other parties legally empowered with signatory rights of any or all of the parties hereto.
27. Invalidity of Provisions. Should any term, provision, condition or other portion of
this Lease be held to be inoperative, invalid or void, the same shall not affect any other term,
provision, condition or other portion of this Lease; and the remainder of this Lease shall be
effective as if such term, provision, condition or portion had not been contained herein.
SEA 1774815v3 27773-26
6
IN WITNESS WHEREOF, Tenant and Landlord each hereunto set their respective hands.
LANDLORD:
TENANT:
CITY OF BREMERTON
CAMP FIRE USA CENTRAL PUGET
SOUND COUNCIL, a Washington public
benefit nonprofit corporation
By: Cary Bozeman, Mayor
Date:
By:
Its:
Date:
GIRL SCOUTS - TOTEM COUNCIL, a
Washington public benefit nonprofit
corporation
APPROVED AS TO FORM:
Roger A. Lubovich, City Attorney
By:
Its:
Date:
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
On this _ day of , 200_, before me, a Notary Public in and
for the State of Washington, personally appeared CARY BOZEMAN, to me known to be the MAYOR of
the CITY OF BREMERTON, a municipal corporation, the municipal corporation that executed the
within and foregoing instrument, and acknowledged 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
he was authorized to execute said instrument on behalf of said municipal corporation.
In witness whereof! have hereunto set my hand and affixed my official seal the day and year first
above written.
NOTARY PUBLIC in and for the State of Washington,
residing at
My appointment expires
Print Name
SEA 177481Sv3 27773-26
7
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this _ day of , 200_, before me, a Notary Public in and
for the State of Washington, personally appeared JANE WHITE VULLIET, to me known to be the
EXECUTIVE DIRECTOR of CAMP FIRE USA CENTRAL PUGET SOUND COUNCIL, a
Washington public benefit nonprofit corporation, the corporation that executed the within and
foregoing instrument, and acknowledged 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 she was authorized to
execute said instrument on behalf of said corporation.
In witness whereof! have hereunto set my hand and affixed my official seal the day and year first
above written.
NOTARY PUBLIC in and for the State of Washington,
residing at
My appointment expires
Print Name
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this _ day of , 200_, before me, a Notary Public in and
for the State of Washington, personally appeared GRACE Y. CHIEN, to me known to be the
EXECUTIVE DIRECTOR of GIRL SCOUTS - TOTEM COUNCIL, a Washington public benefit
nonprofit corporation, the corporation that executed the within and foregoing instrument, and
acknowledged 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 she was authorized to execute said instrument on
behalf of said corporation.
In witness whereof! have hereunto set my hand and affixed my official seal the day and year first
above written.
. NOTARY PUBLIC in and for the State of Washington,
residing at
My appointment expires
Print Name
[ADD EXHIBITS A AND B.]
SEA 1774815v3 27773-26
8
DATE SUBMITTED: April 5, 2006
BILL # O~"t)6;ff
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
:C -kM (J", (led 'A
........................................................................................
SUBJECT: Exemption of ad valorem
property tax for new multi-family housing in
centers (public hearing)
frofJ8sed I)y-d.;^~"a- NiJ. 'f1~9
Committee Meeting Date: April 12, 2006
COUNCIL MEETING Date: April 19, 2006
Department: Comm. Development
Presenter: Chris Hugo
Phone: 473-5243
SUMMARY: In 1995, the State Legislature passed 84.14 RCW that al ws cities of certain size to
create a tax incentive program to induce development of new, multi-f: ily housing within designated
urban centers. The incentive is a 1 O-year waiver of all new property x on new or rehabilitated
buildings that create four or more housing units. Bremerton has be eligible to enact this program for
many years. With the adoption of the 2004 Comprehensive Plan, 'ncorporating a new growth strategy
based on centers, the City is well staged to utilize this incentiv . The proposed ordinance enables the
waiver, establishes administrative procedures, and defines eli ible districts.
A ~y '5-eSS(o~
w / J 1 loe 5uhe~l 'Ed..
tV'e.sciaYJ M~ (~
FISCAL IMPACTS (Include Budgeted Amo t): Property tax revenue from new M/F housing
projects will be lost for 10 years, but this cmylargely be off-set by added sales tax revenue generated
by new residents. Without the incentz.ve, n w development may not materialize as planned.
APPROV ALS:'
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
ATTACHMENTS: Ordinance No. q.1~13
Background information from Ta oma, W A, program
Staff report
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
I CONSENT AGENDA D I
RECOMMENDED MOTION: Move to pass Ordinance No.t.f'il,tJ to provide exemptions from ad
valorem property taxation for new multi-family housing in designated urban centers of the City.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
DA TE SUBMITTED: April 5, 2006
BILL # O'--(J;8tf
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
=C~Wl f"dled "B
........................................................................................
Committee Meeting Date: April 12, 2006
COUNCIL MEETING Date: April 19, 2006
Departmrt: Comm Development
Presetter: Chris Hugo
zfone: 473-5243
SUMMARY: The Council approved a new Zoning Code on Nov. 0,2005, and by separate motion
set the height limit for the Highland and Pleasant A venues resp'de ial area at 60 feet with a concurrent
moratorium on new development over 40 feet in order to draft sign guidelines for new, larger
residential projects. After a complete public involvement proc ss, the Planning Commission voted
unanimously on March 21 st to recommend the guidelines t the Council for adoption.
SUBJECT: Public hearing and Resolution
No. ~q'ltf to approve the Highland
A venue I Pleasant Avenue Design Guidelines
ATTACHMENTS:
1. Proposed resolution
2. Staff Report
3. Planning Commission minutes of 3/21/7 blic hearing
FISCAL IMPACTS (Include Budgeted mount): Approval will have no fiscal impact on City
operations.
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET: ~I ]
. --: _ . ..' CONSENT AGENDA 0
OPERATIONS: .
COUNCIL PRESIDrNT: . :.;,,;. c <~~.4,IJ
RECOMMENDEI) MOTION: Move to pass Resolution No. aC('tl( to approve the Highland Ave_
I Pleasant Ave. Deiign Guidelines as recommended by the Planning Commission.
/
COUNCIL ACTION: D Approve D Deny D Table
D - Continue D No Action
DATE SUBMITTED: March 13,2006
BILL # O(g'" 011
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
I,C
........................................................................................
~>o lv.:t\-o" NO. :2.<=\'13
SUBJECT: Public Hearing on the change of
use and future sale of parks property anI 09
W arren Avenue
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
March 22, 2006
~o-& 4-5-06 4"~ -I 9 - 0 ~
City Attorney's Office
Peggy Lesser p~
473-5302
SUMMARY: The Parks Department staff has determined that the property located at 1109 Warren
Avenue, known as the Warren Tennis Courts and Community Center or the Girl Scout/Camp Fire
property, is underutilized due to its location at a very busy intersection and its lack of parking
facilities. Public Works and Utilities has determined that right-of-way improvements at the
intersection of Warren Avenue and 11 th Street are important for citizen safety and that these
improvements will necessitate demolition of the community center. The City wants to include
extensive landscaping in the form of a streetscape with the right-of-way improvements and wishes to
sell the remainder of the property and reinvest the funds into other park facilities. Prior to a
significant change in use or sale of this park property, BMC 13.12.030 requires (1) that the Parks
Board submit an advisory report; (2) the City Council hold two public hearings; and (3) the City
Council, by a unanimous vote of the full Council membership, declare the property surplus and no
longer suitable for use as a park, play field, open space or recreational activity by the Bremerton
community. The Parks & Recreation Commission has submitted its advisory report and public
hearings are scheduled for Marefi29, 2006 Mld April 5, 2006. CJ.N\rJ.. A~'(" -\ \ l'f , 2...00 ~ ..
ATTACHMENTS: (1) Report from the Parks and Recreation Board; (2) Exhibit Map for
intersection improvement; (3) Proposed Resolution
FISCAL IMP ACTS (Include Budgeted Amount): The proceeds from the proposed sale will exceed
the cost of demolition.
APPROV ALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERATIONS:
.--:....-' .. . -'
COUNCIL PRESIDENT: ~;?''''A'/;' "'"" , ,-" '" "" J
- ~. :r:.+tvYl Con*,n '-'^- ~
RECOMMENDED MOTION: pqSS ReS01UJD~' ^ No.. 2-'1'(3 :rvn~ I) ~O~
Move to approve the change in use and possible future sa of the property locat.ed at 1109 Warren
and authorize the Mayor to execute all documents necessar to demolish the structure(s).
COUNCIL ACTION: D Approve D Deny D Table D_ Contill1.le D No Action
~ ~I CONSENT AGENDA 0 I
..:.....m-.~...........
~ ....
. .
'-.""-' "...--., -"-- "
.; ~):;::';"'::~',,>~.-, -:,.,
After reviewing and discussing the City of Bremerton's proposal to utilize a portion of
the property located at 1109 Warren Avenue, commonly known as Warren Tennis Courts
and Community Center, for right-of-way improvements and to sell the remainder of that
property for development, the Parks and Recreation Commission hereby advises the
Mayor of the City of Bremerton and the Bremerton City Council that it supports the
proposed action for the following reasons:
1. The propeliy is currently underutilized due to its location at a very busy intersection
and its lack of parking facilities. It has minimal usage and provides little direct value to
the parks system. Funds spent on maintaining underutilized facilities would be better
applied to maintenance and improvement of actively used parks.
2. Planned right-of-way improvements, to include sidewalk, a separate bike lane, and a
streetscape, are important for citizen safety. They will necessitate demolition of the
building located on the property at 11 09 Warren Avenue.
3. The total proceeds from the sale of the remaining property not used for the right-of-
way, will be direct capital used to enhance other parks and recreational facilities only.
This action is taken today to comply with the requirements of Bremerton Municipal Code
section 13.12.030(a) amI shall constitute the Bremellon Parks Commission's advisory
report to the Mayor of Bremertop and to the Bremerton City Council.
CJ~.. / if"
\ I ".
,/ /
...-1/~/) C //(/L/"----
(,.,L, f)~, "/
II / .
Dougl;]j; Groneman, Chalr
Park~nd Recreation Commission
-.3 .~ / D -- C)~?
Date
12TH STREET
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REVISIONS
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LEGEND
- -PROPOSED LANE LINES
- -PROPOSED SIDEWALK
----- -EXISTING LANE UN(S
co::;o -EXISTING RQCK[RY
o -PROPOSED TREES
CITY OF BREMER TON
DEPARTMENT OF PUBLIC WORKS & UTILITIES
ENGINEERING OIVlSION
OCSlGN gy; e.f'. CHECI((O BY:
WASH, H. I DArE 2/06 WASH. P.E. I
"''',
EXHIBIT MAP
11 TH S, AND WARREN AVE. INTERSECTION
IMPROVEMENT
9i[[T
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,
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,
RESOLUTION NO. Jq 13
A RESOLUTION of the City Council of the City of
Bremerton, Washington, declaring certain park property surplus to
the City's needs and approving a possible sale and change in the
use of the property in accordance with the provisions of BMC
13.12.030.
WHEREAS, the City has determined that the park property commonly known as
the Warren Tennis Courts and Community Center and legally described in Exhibit A is
underutilized; and
WHEREAS, the Parks Board of the City of Bremerton has been consulted and has
issued an advisory report supportive of the proposed change in use and sale of this property; and
WHEREAS, the City has determined that right-of-way improvements important
to citizen safety necessitate demolition of the structure at 11 09 Warren Avenue; and
WHEREAS, the City Council has evaluated the advisory report of the Parks
Board and finds that the property's value for serving park and recreation needs has diminished
and the property is no longer suitable for use as a park; and
WHEREAS, the City Council anticipates leasing the Community Center to Camp
Fire USA Central Puget Sound Council, and Girl Scouts - Totem Council, the current tenants of
the Community Center, while the City is planning for the right-of-way improvements but for a
period not to exceed three years.
WHEREAS, pursuant to BMC 13.12.030, public hearings were held on March 29,
2006 and April 5, 2006, April 19, 2006 and Mtl) 17, 2086..relating to the proposed surplus,
change in use and sale of the property; NOW THEREFORE--:--J"" vV\e. 7. :Lo 0 Ce:r .
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds and concludes that the Warren Tennis
Courts and Community Center, legally described in Exhibit A is hereby declared surplus to the
City's needs and is no longer suitable for use as a park, play field, open space or recreational
activity.
SECTION 2. The net proceeds from the sale of the above-mentioned property
will be used to improve parks and recreation facilities.
SECTION 3. The Director of Public Works and Utilities and the City Attorney
are hereby authorized to demolish the structures on this property following the expiration or
1
,
Surplus and Sale of Park Property
termination of any lease entered into between the City and the current tenants of the Community
Center as noted in the above recitals and market somo of itthe property for sale as deemed
appropriate.
SECTION 4. Severa b ilitv. If anyone 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 5. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
day of
PASSED by the City Council of the City of Bremerton, Washington this _
,2006.
CECIL McCONNELL, Council President
APPROVED AS TO FORM:
ATTEST:
ROGER A. LUBOVICH, City Attorney
P AULA JOHNSTON, City Clerk
R:\Legal\Legal\Files\Current Active Files\11 09 Warren (Campfire-Girl Scout)\Surplus and Sale Resolution.doc
2
Surplus and Sale of Park Property
EXHIBIT "A"
ORDER NO.: 32089630
PARCEL A:
THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING NORTH OF 11TH STREET
AND SOUTH OF 12TH STREET, BEING A PORTION OF LOTS 2 AND 3, TRACT 8, WARREN SMITH'S
ACRE TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 51, IN KITSAP
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT 834.85 FEET WEST OF THE QUARTER SECTION CORNER ON THE
EAST LINE OF SECTION 14, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON; THENCE NORTH 190 FEET; THENCE WEST 139 FEET TO EAST MARGIN OF
BROADWAY; THENCE SOUTH 190.FEET; THENCE EAST 139 FEET TO THE POINT OF BEGINNING.
PARCEL B:
THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING NORTH OF 11TH STREET
AND SOUTH OF 12TH STREET, BEING A PORTION OF LOTS 1 AND 2, TRACT 8, WARREN SMITH'S
ACRE TRACTS, ACCORDING TO PLAT RECORDED' IN VOLUME 2 OF PLATS, PAGE 51, IN KITSAP
COUNTY, WASHINGTON; DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST MARGIN OF WARREN AVENUE 149 FEET NORTH OF THE
NORTHEAST CORNER OF BLOCK 3, DIETZ'S ADDITION TO THE TOWN OF BREMERTON,
ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 57, IN KITSAP COUNTY,
. WASHINGTON; THENCE WEST 139.25 FEET TO A POINT MIDWAY BETWEEN THE WEST MARGIN
OF WARREN AVENUE AND THE EAST MARGIN OF BROADWAY AVE; THENCE NORTH ON SAID
LINE 319.07 FEET TO THE SOUTH MARGIN OF 12TH STREET; THENCE EAST 138.89 FEET TO THE
SOUTHWEST CORNER OF 12TH STREET AND WARREN AVENUE; THENCE SOUTH 320.5 FEET
TO THE POINT OF BEGINNING;
EXCEPT WARREN AVENUE.
PARCEL C:
THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING NORTH OF 11TH STREET
AND SOUTH OF 12TH STREET, BEING A PORTION OF LOT 3, TRACT 8, WARREN SMITH'S ACRE
TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 51, IN KITSAP
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 973.77 FEET WEST OF THE QUARTER SECTION CORNER ON THE EAST
LINE OF SECTION 14, TOWNSHIP 24 NORTH, RANGE 1 EAST, vI.M., IN KITSAP COUNTY,
WASHINGTON; THENCE NORTH 190 FEET; THENCE WEST 50 FEET; THENCE SOUTH 190 FEET;
THENCE EAST 50 FEET TO POINT OF BEGINNING;
EXCEPT THAT PORTION LYING WITHIN THE WEST 80 FEET OF SAID LOT 3:
. . . END OF EXHIBIT "A" . . .
Page 1
Nickel Bros. House Movirg USA
3703 SW Holden Street. Seattle, WA 98126-3424
Cell: 206-933-9699 . Phone: 206-347-0570 . Fax: 206-347-0573
Email: jeffmccord@nickelbros.com
Website: www.nickelbros.com
April 19, 2006
Girl Scouts - Totem Council
Attn: Susan Lundman & Kathy Tehayer
1109 Warren Avenue
Bremerton, W A 98337
Dear Kathy & Susan:
I really enjoyed meeting with you both, along with Patty from your office and Ron from the
Kiwanis Club, at the Girl Scouts Totem Council building last Friday to discuss whether it is
feasible to move the building.
We at Nickel Bros. House Moving have been very interested in the historic character of houses
and buildings in the Bremerton area and particularly agree that the 1930 WPA era Girl Scouts
meeting hall is a very nice example of buildings of that era; and well-worth saving if financially
feasible.
As I communicated to you this morning on the phone, Nickel Bros. feels that a good "budget"
base number for moving the structure off of its existing slab and backward on the site to a new
slab would be approximately $52,000.00 before tax. The additional cost of moving the two
magnificent chimneys would be $11,000.00 each, and the additional charge if moving the building
onto a new foundation (basement or crawl-space) would be $6000.00. If the building had to be
loaded onto "dollies" and m'oved to an adjacent or nearby site, it would add about $20,000.00 to
the costs.
In any of the situations mentioned above, the Girl Scouts' contractors would need to prep the
building by stripping out everything inside, including clearing away from the walls for a two-foot
section around the inside perimeter. We would be putting in a set of cross-beams, in effect
creating a "floor" system by which to lift the building. Beams would be put through 2'x2' holes
about every 12' along the perimeter wall. Then, 90' beams would be put beneath the cross-
beams (after a short lift) and the building could be "sledded" backward on the site. If the chimneys
were moved, they would be framed in (almost like a crate around them) and then tied back to the
roof for stable moving.
We would appreciate the opportunity to move this wonderful building for you if the funding should
be made available! Nickel Bros. is also interested in potentially supporting the project with a
percentage potentially donated back as a charitable contribution.
Sincerely,
~(P~
Jeff McCord
Nickel Bros. House Moving
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Regional SeTVice Centers
1109 Warren Ave
Bremerton, WA 98337
3603739578
14645 8el Red Rd
BUlldmg E. SUite 103
Bellevue, WA 98007
425 61>1 1126
7100 Evergreen Way. Ste C
Everett. WA 98203
425 3486244
25"6 SW 43rd Street
BUlldmg 3, Unit K
Renton. WA 98055
425 6569175
^ Umted WJ.Y Partner
~ Girl Scouts
~RECEIVEO CIJY (OUNOL OFFICE"
TE - - fiLl" ,/OC?
,
Where Girls Grow Strong.
Girl Scouts. Totem Council
601 Valley St.1 PO Box 900961
Seattle. WA 98109.9561
T 206 633 5600 F 206 633 5099
totemgsa@g,rlscoutstotem.org
-
March 07, 2006
Mayor Cary Bozeman
Mayor's Office
345 Sixth Street, Suite 600
Bremerton, WA 98337
Dear Mayor Bozeman:
I am writing in response to the City of Bremerton's notice to Gkl
Scouts-Totem Council of your intent to surplus the property at 11th and
Warren. .
Perhaps you weren't aware that this site has been the home of Girl
Scouts and Camp Fire programs in the Kitsap community for 60 years
and over 100,000 girls and adult volunteers have been served through
this office in Girl Scouts alone. The historic building on this site
represents not only the face of Girl Scouts in the Kitsap Bremerton
community, but the rich history and contributions that girls and their
families have made to the City of Bremerton and the greater peninsula
region. For Girl Scouts to be notified essentially of an impending
eviction after a 60 year partnership is disappointing if not an affront to
the dedication of the girls and adult volunteers in Girl Scouts who have
contributed to the betterment of the Bremerton/Kitsap community.
While the notice of surplus was troubling, what is of greater concern is
the lack of equitable treatment as demonstrated by your
pronouncement to allocate City resources to not only support the start
of a new Boys and Girls Club but the acquisition of a facility for the
Club. This along with the fact that the City of Bremerton continues to
provide free space to the Boy Scouts raise clear questions of fairness
in its treatment of youth serving organizations and in particular single
gender organizations serving only girls. Clearly, as youth deserving
organizations with sixty years invested in Bremerton, we expect to be
involved in discussion about how you plan to assure that we are
treated on par with other youth organizations.
VISIt our web P')9L' .J.t'www,Ylflscout5totemorg
I along with the chair of Camp Fire USA's Central Puget Sound
Council will be contacting you for a meeting to discuss our concerns.
It is our hope that we will be able to find a mutually satisfactory and
equitable resolution to the issue at hand.
Sincerely,
~~
Cynthia Cross
Chair, Board of Directors
Girl Scouts-Totem Council
Cc: Ken Ng, Board Chair Camp Fire USA Central Puget Sound
Council
Grace Chien, CEO Girl Scouts-Totem Council
Jane White-Vuillet, Executive Director Camp Fire USA Central
Puget Sound Council
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P.ll. BUX 12
City of Bremerton
Department of Parks and dccreation
Bremerton, Washington
BRE/'1ElnOI~, WASHING ror~ 95310
July ~~5, ,,1973/,1 //
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Dear Sirs:
A c0i1lmitte€ oL the 13rcmGrt~'n l:hf::mi:j Club, and 11rs.
r:lnnl e Dle tz ii'OS!); 11lGt "..r1 th r-lr. And!';:;,.! Pende iTa ~;t in his
offico recently. The ~:lUrpos,e of tbe w€uting WCl~) to ask the
City of Bremcrton nnd the Department of Parks Bnd HGGreation
t:> change the name of the playficld ill. 11th 3trcGt and
~arrcnAvenue to the Otto Voll KiwGnis Playground.
?hc City of Brcmerton obtained the property on l~rch 23,
~ 19;"~1, from Hrs. I-rinnle Diet z. 'rhis area 'wn s Immm Cl~; DiG t z
P\', pf Lnlce or Pond. Otto Vall "1;]S chairman of the Und(3rprivl1q~mj
"^ L.JL- ~ Child Coumi t tee of the Brel:lerton Kiwanis Club. On DecBmber l.,
v~~\' 192.l.l.-bc secured the ClI'€Cl for a plHyfield for IIpul'lIlnnen use
--o-r--::.Jt;hletics" from the Ci ty Corumi~!;loners. Thousands of ~';Il-(h;
of Dirt nnd ~rav61 were u~ed to fill this ~wampy area, and at
the Elnd of three years the site ".:as l'oady for g~'ading.
Otto Voll spent many hours supervising thi.:; project,
which was the larf,<ost undertaking that the Club had atttrl1i1tEd.
:>: This playfield Is a monUl1cnt to the untirlnp E.ff()l't~ of this
' truly greut l:J.wonion. Except for his dev'.Jtl']l1 to this PI'ojc;t,
this playfie III pro ba I;J)' i-JOuId not haV(l br;en bull t. The
DrCilwrton Ei\i;H1is Club ;J1:::o constructed Uw Girl Scout ;mc.l
C~mp 1"ire Lodee nt this fi(;ld, ;Jlld has maintained it throuC:I1-
out the Y€urs.
'J'he membErs of the Br€{fJ€rton Khmnis und the Board of
Directors l.lEartl1y endorse chancing the name of this' playf ield
to the Otto Voll Kiwanis Playground.
The signors of this petition greatly ap1reclate the
interest of t.he City Commissioners and the Dopart;nent of PQrl~s
and REcreation in <.le,.oling with this request.
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DATE SUBMITTED: March 31, 2006
BILL # Ur<t- - [" u{
- S/ )(j'("
AGENDA BILL
CIT~I~~~~~~~ZON 7A ........
::efflr; f <-( 11 e-rl
...................................................... .................................
SUBJECT: Reorganization of positions in
the Parks Department
eting Date: April 12, 2006
ETING Date: April 19, 2006
Department: Executive
Presenter: Mayor Cary Bozeman
Phone: 473-5266
SUMMARY: Administration is proposing to reorg~~ e positions in the Parks Department in order
to put more emphasis toward park maintenance due ~ .increased park development. The
recommendation is to eliminate the position of Ad inistrative Analyst and add 2 Parks Laborer
positions in the Parks Department and authorize udget adjustment to reflect the proposed
reorganization.
RECOMMEND MOTION: Move to approve the recommendation to eliminate the position of
Administrative Analyst and add 2 Parks Laborer positions in the Parks Department and authorize the
appropriate budget adjustment.
I CONSENT AGENDA 01
ATTACHMENTS:
FISCAL IMP ACTS (Include Bud . ted Amount): The proposed reorganization results in one
additional FTE position to the par budget but does not result in additional costs.
APPROV ALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESID
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action