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Home My WebLink About02/04/2009 AGENDA FILE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 D Phone (360) 473-5280 FEBRUARY 4, 2009 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. ANNOUNCEMENTS & PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register (#AB09-014) B. Minutes of Meeting - January 21, 2009 (#AB09-015) C. Minutes of Study Session - January 28,2009 (#AB09-016) D. Reappointment of Holly James and John Ales to the Civil Service Commission (#AB09-017) E. Reappointment of John Ales to the Arts Commission (#AB09-018j F. Reappointment of Lois Hoell to the Planning Commission (#AB09-019) G. Approve purchase of two Dry-Pit Submersible Pumps for Pump Station WB-3 from WHITNEY EQUIPMENT COMPANY, INC. (#AB09-020) H. Approval of Voluntary Separation Request for Risk Manager (#AB09-021) I. Collective Bargaining Agreement between the City of Bremerton and Bremerton Police Management Association (#AB09-022) J. Ordinance No. 5074 amending Bremerton Municipal Code (BMC) Section 2.50.040 relating to Work Schedules and Leave Benefits for Managers and Professional Staff (#AB09-023) K. Ordinance No. 5075 amending Bremerton Municipal Code (BMC) Chapters 2.06, 2.09, 2.90, and 2.92 relating to the Office of Risk Management and Safety (#AB09-024) \ 6. GENERAL BUSINESS A. Purchase Agreement with DAY WIRELESS SYSTEMS for purchase of one Auto License Plate Reader (ALPR) with Washington Auto Theft Authority Grant (#AB09-025) Continued on back... fI 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. ~ \ 7. PUBLIC HEARINGS A. Ordinance No. 5076 creating a new chapter in the Bremerton Municipal Code (BMC) entitled "Transportation Benefit District"; and creating the Bremerton Transportation Benefit District (#AB09-026) 8. EXECUTIVE SESSION A. 20-Minute Executive Session to discuss "Pending Litigation" and "Potential Litigation" per R.C.W. 42.30.110(1 )(i) (#AB09-027) 9. COUNCIL MEMBER REPORTS 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING 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. COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD (' V\,'~ ~~ vJ/ I "'-"" -.......J J REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU DATE SUBMITTED: 2/4/2009 BILL # AGENDA HaL CITY OF BREMERTON CITY COUNCIL AB09-0 14 5A ............................................~............................................... SUBJECT: Committee Meeting Date: COUNCIL MEETING Date: February 4, 2009 Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 Claims & Check Register SUMMARY: Consent Agenda item. Approval of checks and electronic fund transfers. A TT ACHMENTS: Check Register. FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~~/~ :~4 CONSENT AGENDA ~ GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: 1) Check #'s 329531 through 329799 and EFT's 8460 through 8501 in the amount of$2,431,573.62. 2) Regular Payroll for the pay period ending January 31, 2009 in the amount of$85,705.12. COUNCIL ACTION: t8I Approve 0 Deny 0 Table o Continue 0 No Action DATE SUBMITTED: BILL # 09-015 5B AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: City Council Meeting Minutes for meeting of JO.n (.Ulry 2.1, ZOO~ Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: N/A Febrvta~ ~f .2.oc::.~ City Counci Cecil McConnell Council President (360) 473-5280 Phone: SUMMARY: Attached is a summary of the City Council Meeting held :J~~ v.D..r'1 2...1, 2DOCf. A TT ACHMENTS: Meeting Minutes for r ~'V\ \,..La.. 'r'y 2-' I 2- 00'1 FISCAL IMP ACTS (Include Budgeted Amount): N/ A APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: Council President N/A N/A N/A COMMITTEE CHAIR ! COUNCIL PRESIDENT: N/A ~J;7~~tI CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table D Continue 0 No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, January 21, 2009 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, January 21, 2009, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Cecil McConnell presiding. Council Members present were Nick Wofford, Will Maupin, Carol Arends, Mike Shepherd, Roy Runyon, Adam Brockus, and Brad Gehring. Council Member Dianne Robinson was absent. Also present were City Attorney Roger Lubovich; City Clerk Carol Etgen; and Legislative Assistant Lori Smith. A COUNCIL BRIEFING was held to discuss General Council Business; and at 5:30 PM the meeting moved to the First Floor Meeting Chambers. The Pledge of Allegiance was led by Council Member Brad GehrinQ followed by the invocation provided by Pastor Art SpeiQht of Cornerstone Christian Fellowship and "Taking it to the Streets Ministries". MAYOR'S REPORT - There was no Mayor's Report tonight... PUBLIC RECOGNITION & ANNOUNCEMENTS Nick Wofford announced an Open House would be held on Monday, February 2 from 5:00 to 7:00 PM in the First Floor Meeting Chambers of the Norm Dicks Government Center to provide an opportunity for citizens to learn more about the proposed creation of a Transportation Benefit District. Roy Runyon sadly reported that local Bremerton artist and musician Chuck Smart died on Monday morning, December 29 after battling cancer; and noted that Mr. Smart was a fixture of the First Friday Art Walks; was a very kind man who cared about people; and wished him a "farewell and following seas..." Adam Brockus announced that an Open House and Charette is planned for Monday, January 2q beginning at 5:30 PM in the First Floor Meeting Chambers of the Norm Dicks Government Center to provide another opportunity for citizens to learn more about the "Manette Neighborhood Sub Area Plan". It was also announced that variable message boards located on lower Wheaton Way and on 11th Street indicate that the Manette Bridge would be closed for annual maintenance from February 2 through 5 from 9:00 AM to 3:00 PM. CONSENT AGENDA A. Check Numbers 329258 through 329530; and EFT-8420 through EFT-8459 in the amount of $3,594,575.74; Pay Out and Supplemental Payroll in the amount of $1,201.22 for the pay period ending December 31,2008; and Regular Payroll in the amount of $760,984.91 for the pay period ending January 15, 2009 (#AB09-004) B. Minutes of Meeting - January 7, 2009 (#AB09-005) C. Minutes of Study Session - January 14, 2009 (#AB09-006) D. Lease Agreement with Bremerton Community Theatre, Inc. (#AB09-007) E. Amendment NO.5 to Contract with Kitsap Humane Society (#AB09-008) F. Amendment to Kitsap Family YMCA Concession Agreement (#AB09-009) G. Reimbursement Agreement between the Kitsap Family YMCA and Jarstad Aquatic Center (#AB09- 010) H. Collective Bargaining Agr~ement between the City of Bremerton and the International Association of Fire Fighters (IAFF) (#AB09-011) City Council Reg. Mtg. Minutes Wednesday, January 21,2009 Page 2 of 3 I. Resolution No. 3076, declaring an emergency to amend the Comprehensive Plan outside of the annual process (for the West Park Sub-Area Plan, now called "Bay-Vista") (#AB09-012) There were no questions or comments from the public.. . City Attorney ROQer Lubovich pointed out that minor changes were made to Resolution No. 3076 and distributed to the Council during their briefing session; and suggested that if a citizen would like a copy of the amended Resolution to please contact the City Council Office at (360) 473-5280. 05:38:10 M/S/C/U (Arends/Brockus) Move to approve the CONSENT AGENDA as presented; and amended. GENERAL BUSINESS - There were no General Business Items tonight... PUBLIC HEARING 7 A - CLOSED RECORD HEARING ON ORDINANCE NO. 5073. APPROVING A REZONE OF 1.4 ACRES LOCATED AT 5005 ARSENAL WAY (#AB09-013): President McConnell explained that this was a "Closed Record Hearing" and therefore asked that "all Council Members now give consideration whether they have 1) a demonstrated bias or prejudice for or against any party to the proceedings; 2) a direct or indirect monetary interest in the outcome of the proceedings; 3) a prejudgment of the issue prior to hearing the facts on the record; of 4) had ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. If any Council Member should answer in the affirmative, then the Council Member should state the reason for their answer at this time so that the Chair may inquire of the City Attorney as to whether a violation of the Appearance of Fairness Doctrine or a Conflict of Interest exists." President McConnell asked if any member of the public believed any Council member should excuse themselves due to a conflict with the Appearance of Fairness Doctrine, or for other concerns, to please state the reasons now. Due to no comments from the public, all Council members remained seated. Mr. Lubovich explained that the Appearance of Fairness Doctrine was read because this was a Closed Record Hearing and Quasi Judicial proceeding; and summarized that the action before Council is to 1) approve and adopt the findings and recommendations; 2) modify and approve the findings and recommendations; 3) reject and deny the findings and recommendations; or 4) continue the closed record hearing and remand the matter to the Hearing Examiner. Mr. Lubovich further explained that because this was a Closed Record Hearing, no public input would be taken. Lindsey Sehmel, Planner, stated that consistent with the 2008 Comprehensive Plan Amendments, the action before the Council is to grant approval of a rezone of a total 1.4 acres of land located at 5005 Arsenal Way from City Utility Lands (CUL) to Master Development (MD). Oq:44:25 M/S/C/U (Arends/Runyon) Move to pass Ordinance No. 5073, approving a rezone of a total of / 1.4 acres located at 5005 Arsenal Way. COUNCIL MEMBER REPORTS Nick Wofford reiterated details about the Open House on Monday, February 2 from 5:00 to 7:00 PM in the First Floor Meeting Chambers of the Norm Dicks Government Center to provide information about a proposed creation of a Transportation Benefit District; and he clarified that the City will not receive any money from the Motor Vehicle Excise Tax (MVET), and only 21 % of property taxes comes to the City. Will Maupin reported on his attendance at the Puget Sound Regional Council's "Growth Management Policy Board" where presentations were heard by various Growth Centers from around the Puget Sound including Silverdale and the City of Bremerton; and also attended the Kitsap Transit Policy Board meeting where they are forming sub-committees to deal with the many issues coming before the board. City Council Reg. Mtg. Minutes Wednesday, January 21, 2009 Page 3 of 3 Carol Arends reported on her attendance last week at the Puget Sound Regional Council's Transportation Policy Board where many topics were discussed including ferry service and possible amendments to the 2040 Transportation Plan. Mike Shepherd was pleased to provide a short presentation to the Poggie Club last week about the Sinclair Inlet Clean-Up; and attended a "Green Meeting" in Manette where there were discussions on alternative futures for Bremerton. Roy Runyon attended a Washington State Ferries "Plan C" Meeting with Adam Brockus last Saturday; presented a report on 'Kitsap's Waste Biomass Potential for Clean Technology' at the KEDA Clean Technology Group meeting today; and announced that the next Clean Technology event will be on May 29 with details to come in the future. Adam Brockus clarified that the next "Plan C" Meeting will be on Saturday, February 7 beginning at 9:00 AM at the Norm Dicks Government Center; and encouraged people to get involved and learning more by visiting the website www.citizenswriteplanc.com for more information. He also thanked Representatives Christine Rolfes and Larry Seaquist for putting the meeting together. Brad GehrinQ asked that people help the homeless by donating food to the local food banks and clothing to shelters. With no further business, President McConnell adjourned the Council Meeting at 5:55 PM. p~; L I SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk CECIL McCONNELL, City Council President CM:CE:ls:cg DATE SUBMITTED: BILL # 09.. OICcJ 5C AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ Committee Meeting Date: N/ A COUNCIL MEETING Date: .Ee.bruar '( 4 200 'l Department: City Council J Presenter: Cecil McConnell Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting held ':ro..nv...o..ry 2. $) '2.-00 '1 SUBJECT: City Council Meeting Minutes for meeting of -:r l).\,\~~ 2-~ ~ 200,\ S-twl<-t $-e.., S S\"o l\ ATTACHMENTS: Meeting Minutes for J aV\\AlJ...r'( z,g) 2--c'o 9 FISCAL IMPACTS (Include Budgeted Amount): N/A APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: N/A ~/;7:'~1 CONSENT AGENDA % GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: 0 Approve 0 Deny n Table n Continue n No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUJES Wednesday, January 28,2009 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, January 28, 2009, at 5:00 PM, with Council President Cecil McConnell presiding. Council Members present were Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, and Brad Gehring. Council Member Nick Wofford was absent. Legislative Assistant Lori Smith was present to provide staff support. President McConnell announced that the Study Session was open to the public, but there would be no opportunities for input or participation; that no action will be taken, and the content of these items is subject to change. A. NO DISCUSSION ITEMS 1. Reappointment of Holly James and John Ales to the Civil Service Commission - Mayor Bozeman [Consent] 2. Reappointment of John Ales to the Arts Commission - Mayor Bozeman [Consent] 3. Reappointment of Lois Hoell to the Planning Commission - Mayor Bozeman [Consent] 4. Purchase Agreement with DAY WIRELESS SYSTEMS for purchase of one Auto License Plate Reader (ALPR) with Washington Auto Theft Authority Grant - Lt. Pete Fisher, Police Department; and Brad Gehring, Public Safety & Parks Committee Chair This item was pulled down for "Full Discussion" [General Business] 5. Approve purchase of two Dry-Pit Submersible Pumps for Pump Station WB-3 from WHITNEY EQUIPMENT COMPANY, INC. - Pat Coxon, Wastewater Treatment Plant; and Cecil McConnell, Public Works Committee Chair [Consent] 6. Approval of Voluntary Separation Request for Risk Manager - Roger Lubovich, City Attorney; and Nick Wofford, Finance Committee Chair /[Consent] 7. Collective Bargaining Agreement between the City of Bremerton and Bremerton Police Management Association - Carol Conley, Human Resources Manager; and Nick Wofford, Finance Committee Chair [Consent] B. FULL DISCUSSION ITEMS 1. Proposed Ordinance amending Bremerton Municipal Code (BMC) Section 2.50.040 relating to Work Schedules and Leave Benefits for Managers and Professional Staff - Cathy Johnson, Interim Financial Services Director; and Nick Wofford, Finance Committee Chair [Consent] 2. Proposed Ordinance amending Bremerton Municipal Code (BMC) Chapters 2.06, 2.09, 2.90, and 2.92 relating to the Office of Risk Management and Safety - Roger Lubovich, City Attorney Item was not brought before a Council Committee [Consent] 3. Prioritize Bremerton Projects in anticipation of funding from President's Economic Stimulus Package - Wyn Birkenthal, Parks & Recreation Director; and Phil Williams, Public Works & Utilities Chair (Information Only - Approx. 20 Minutes) City Council Study Session Mtg. Minutes Wednesday, January 28, 2009 Page 2 of 2 C. GENERAL COUNCIL BUSINESS 1. Council Committee Chair Reports 2. Briefing on the upcoming Council Work Session that will be held on Saturday, February 7 from 9:00 AM to 1 :00 PM in the Council Conference Room \ President McConnell adjourned the Study Session at 7:00 PM. ~S;;;;;. . .ORI SMITH 2 Legislative Assistant Attest: CAROL ETGEN, City Clerk CECIL McCONNELL, City Council President CM:CE:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL # oq - 0 L7 5D DATE SUBMITTED: January 13,2009 ........................................................................................ SUBJECT: Reappointments to the Civil Service Commission. HDlty o-AWlt.S 0Nld.. 'JO hn A It..S Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: 04n (,{<<'l^ r 2.S l .2ooct F t lor ~ a ....7 4 J ,2..DO't ExecutIve Mayor Bozeman 473-5266 SUMMARY: Holly James and John Ales terms on the Civil Service Commission will expire on February 24,2009. It is recommended they be reappointed to another term. A TT ACHMENTS: Application for reappointments available in the Mayor's office. FISCAL IMP ACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ~,~ ---;;> COMMITTEE CHAIR COUNCIL PRESIDENT: ~-1~7~~ CONSENT AGENDA ~ GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to confirm the reappointments of Holly James and John Ales to the Civil Service Commission. COUNCIL ACTION: 0 Approve 0 Deny 0 Table .0 Continue 0 No Action DATE SUBMITTED: January 13, 2009 BILL # ()q-oIB~ AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5E ........................................................................................ SUBJECT: Reappointment to the Arts Commission'" ~ht"l A te.s Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: \r~h (,{At"y 2.8 ( :l-O~ ell Feb V'.l.,UH'Y 41 ~o, ExecutIve Mayor Bozeman 473-5266 SUMMARY: John Ales' term on the Arts Commission has expired. It is recommended he be reappointed to another term. ATTACHMENTS: Application for reappointment available in the Mayor's office. FISCAL IMP ACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: A::> ~ r . ~. ~~ao~ ~_ ~.. (j -, COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA ~ GE1'1ERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to confirm the reappointment of John Ales to the Arts Commission. COUNCIL ACTION: 0 Approve D Deny 0 Table o Continue 0 No Action DATE SUBMITTED: January 23,2009 BILL # 0 q - D I Gf. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SF ........................................................................................ SUBJECT: Reappointment to the Planning Commission Lo is H-oe..ll Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: :/bnlAlU.J :;. 8 Jr;D 9 fe.br~a..y ~' ;).()/)<f ExecutIve Mayor Bozeman 473-5266 SUMMARY: Lois Hoell's term on the Planning Commission has expired. It is recommended she be reappointed to another term. ATTACHMENTS: Application for reappointment available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: c,~ ~~ COMMITTEE CHAIR COUNCIL PRESIDENT: ~471l~ CONSENT AGENDA l>'r GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to confirm the reappointment of Lois Hoell to the Planning Commission. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action ~ DATE SUBMITTED: January 21,2009 BILL # Oq-Od-O AGENDA BILL CITY OF BREMERTON CITY COUNCIL ~ ........................................................................................ SUBJECT: Purchase of Two Dry-Pit Submersible Pumps For Pump Station WB:.3 Committee Meeting Date: January 28, 2009 COUNCIL MEETING Date: February 4, 2009 Department: WWTP Presenter: Pat Coxon Phone: 473-5448 SUMMARY: Pump Station WB-3 currently has two (2) small dry-pit submersible pumps that are at the end of their life-span. I have obtained three quotes for their replacement costs and Whitney Equipment (Flygt Pumps) was the lowest quote at $16,500.00 each, plus sales tax. ATTACHMENTS: 1.) Price Quotes: Whitney Equipment Company, Inc., Pump Tech Inc., and Weir Specialty Pumps; 2.) Photo of Small Dry-Pit Submersible Pumps. 3) Narrative FISCAL IMPACTS (Include Budgeted Amount): This purchase is budgeted through the 2009 WWTP/Pump Station Capital Budget of $500,000. Bars # 594.3535.56430 I APPROVALS: (~. DEPARTMENTDIRECTO' -=:: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: . COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA ~ GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the purchase of two Dry-Pit Submersible Pumps from Whitney Equipment Company, Inc. for $16,500.00 each, plus sales tax. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action AGENDA BILL NARRATIVE FOR THE PURCHASE OF TWO DRY-PIT SUBMERSIBLE PUMPS FOR PUMP STATION WB-3 Currently pump station WB-3 has five (5) dry-pit submersible pumps for the operation of the pump station. Three large pumps for higher flows, and two smaller pumps to handle the average daily flows. The two smaller pumps are at the end of their useful mechanical life, as we constantly have to make major repairs to these units, on a semi-annual basis. There is also an inherent ragging problem with these pumps due to a design flaw, which adds unneeded labor hours and overtime call-outs. The purchase of the N style series pump from Flygt, will eliminate the ragging issues, and also provide us with a stable mechanically sound pump system. ,. p ,..,. y.....' '*" :";. I" <...~ ::~' _'~'~: 1"':.:,:~"!," ;: ". .. <--~ , ' " , "~~~]'~~: '~~ p~~lis j(i;~ij~}3i1h 31210 ~ ,~~:30 1 '. ~. ,'~ '. <:.t '1'~ '::~ >'Y.: . .'.. '..,,- ~ " ~ ,~~?~~~~ ~>l ~>i,F ',,',;" .,l', '''.' , '., -\,1 ~ . " .,::~:; ,- 'IS;,,) j.... .,'\ ,~ ; '~ -\\ -;:' 2122~ 30th Drive Sf, Ste. 7 70, Bothell, W A 98027 -7079, Phone (425)486-9499, Contact Mike Dennett, direct phone number (253) 838-5445 Date: September 26, 2008 TO: Bremerton P.W. Attn.: Frank Harer From: Michael Dennett Here is my preferred selection for your WB-3 lift station with a duty condition (840-gpm at 55-feet TDH [static head = unknown]): Two (2) ITT Flygt model NT-3153-433-MT dry-pit submersible sewage pumps with 20-hp (three-phase) explosion proof motors, FLS leak sensors (includes mini-CAS relays for control panel), 50-feet of submersible power and sensor cable each pump, 8-inch x 6-inch long sweep intake elbows, 0 & M manuals, and on-site start-up assistance. Budget price: $ 33,OOO.OO.z( Prices are F.O.B. factory, full freight allowed to job site. Prices do not include Washington State sales tax. End message. '-~' PRODUCT TYPE PERFORMANCE CURVE NT3153.091 MT DATE PROJECT CURVE. NO ISSUE 2008-09-26 63-433-00-6030 6 1/1-LOAD 314-LOAD 1/2.LOAD RATED IMPELLER DIAMETER POWER ..... 20 hp 235 mm POWER FACTOR 0.83 o.n 0.66 STARTING EFFICIENCY 87.5% 89.0% 89.0% CURRENT ... 148 A MOTOR # STATOR REV RATED 21-18-4AA 05YSER 12 MOTOR DATA CURRENT ... 26 A COMMENTS INLET/OUTLET RATED FREO. PHASES VOLTAGE POLES 6/ 6 inch SPEED ..... 1755 rpm 60Hz 3 460 V 4 TOT.MOM.OF IMP THROUGHLET INERTIA... 0.090 kgm2 GEARTYPE RATIO . NO. OF BLADES 2 [hp] 20 18 a: 16 W 3: 14 0 a.. 12 10 DUTY-POINT 1 B.E.P. a: a: ~ ~ o 0 Q. Q. !3 Ii: Q. < ~ ffi 0", FLOW[USgpm] 929 1068 NPSHre[ft) 22.4 22.0 It W u:: ...J u... ...J W ~ Q. W ~ e; ~ 0", HEAD[ftJ 56.1 51.7 POWER [hpJ 19.1 (16.8) 19.8 (17.4) EFF. [%] 69.1 (78.4) 70.9 (80.4) [ft] NPSHre I- Z ~ u:: u... W ?- m m o 60 <C w J: 50 [ft] ""- 45 / "- / "'-.. 1/ 40 '" ..... J '" / 35 ~ / 30 ............. ~ / ------ 1 ~ V -- .........r-.. ;7 25 r--- '" "" 20 -- --.: ~ , .- ...... ./ V..-- .---- -- --~ ~ 1// ~ "'-.... 15 ~ 1/ ,~ ~e=31 Jr" # 10 -->.: ""~ b "" 5 /' / . EFF. [0/0] 90 80 r 70 40 80 70 60 50 40 30 20 10 o [USgpm] 30 20 ........ .... C') :g (0 o o ~ C\I a:! .... (I') (/) a.. ~ LL 10 o o 400 800 1200 1600 2000 FLOW NPSHre = NPSH3% + min. operational margin Performance with clear water and ambient temp 40 oc FL~ HI 8 Curve .-IN 1'- ~ o .-- 13 8~ ;3 (6x) 4 .....IN .-- ..-tN t')r<t N CD .-- z ~ t')t'<t L[) ...- 17~ 12 t')1'<t ~ * n L[) ...-J'<t N ~ PINS TO ANCHOR PEDESTALS. ~ (M16)( 4x) {l51" (6x) 23~ 97 8 2 9~ ~r<t '.-- CD N .-- + NOTE: PUMP CAN BE ROTATED ABOUT IT'S CENTERLINE TO 4 POSITIONS RELATIVE TO THE INLET ELBOW. INCREMENTS ARE 90'. * DIMENSION TO INLET ELBOW FLANGE. We i h t(LBS) Total incl.stand ~ DenO"r;;ensional drwg AUTOCAD NT 3153 MT DRAWING ON 200 ON 150 K N-3153 JrL~ Impeller/Motor/Nominal Sizes Issued: 8/06 Supersedes: 4/06 PUMP MODEL IMPELLER CODE NZ VAC 01 D2 03 04 NP 413 LT 20 20 20 20 8" *8" 414 LT 15,20 15,20 15,20 15,20 8" 8" 415 LT 12,15,20 12,15,20 12,15,20 12,15,20 10" 10" 416 LT 12" .. I..... 433 MT "jO- 20 20 20 17 434 MT ! 435 MT 15,20 15,20 15,20 15,20 6" 6" 4" 8" 436 MT 12,15,20 12,15,20 12,15,20 12,15,20 6" 437 MT 12,15,20 12,15,20 12,15,20 12,15,20 461 HT 20 20 20 20 200 N-3153 462 HT 20 20 20 20 230/460 30 463 HT 15,20 15,20 15,20 15,20 575 464 HT 12,15,20 12,15,20 12,15,20 12,15,20 4" 4" 4" 6" 465 HT 12,15,20 12,15,20 12,15,20 12,15,20 466 HT 12,15,20 12,15,20 12,15,20 12,15,20 622 LT 623 LT 8" 8" *8" 624 LT 15 15 15 15 10" 10" 10" 10" 625 LT 12" 273 SH 274 SH 23 23 23 23 275 SH 3" 3" 3" 6" 276 SH 4" LT = High Volume MT = Standard HT = High Head SH = Super High Head * for NZ only 03 04 04 NP NS NT NZ ~;~ r~ I II ~ /Lii~ ,,'eCH l ~ ,r;c., ~ PumpTech Inc. Page: 1 12020 SE 32ND Street Suite 2 Bellevue, WA 98005 Phone: 425-644-8501 Fax: 425-562-9213 Sales Quotation TO: Frank Harer BREMERTON, CITY OF WASTEWATER TREATMENT PLANT 1600 OYSTER BAY AVE. S. BREMERTON, WA 98312 Phone: (360) 473-5400 Fax: (360) 473-5455 Item AFP 1547 ME18514 Salesperson: Jim Joyce Lead Time: 12 to 14 Weeks FOB: FOB ORIGIN - PPA Ship Via: FACTORYCHOICE Project Name: WB3 Pumps 4 & 5 Replacements Quote #: Date: Expires: 0076538 11/6/2008 12/6/2008 ABS Dry Pit Submersible Pumps, 840 GPM @ 55', 8" Suction, 6" Discharge, 480 V, 3ph, 25 HP Qty 2.00 Cooling Loop Closed Loop Cooling System for AFP 1547 Dry Pit Pump 2.00 41826009 Pump Stand for AFP 1547 Dry Pit Pump 2.00 62306009 Hardware Kit for Dry Pit Pump Stand AFP 1547 2.00 4053001 Suction Elbow, 8", for AFP 1547 Dry Pit Pump 2.00 62306008 Hardware Kit, Suction Elbow 2.00 ME3 RTD RTD Temperature Sensor for Stator 2.00 Pumps are supplied complete with explosion proof motors, seal fail sensors, 32' power cable, and standard factory epoxy paint Other options available upon request. \1 The above order is subject to Pumptech Inc. .standard terms and conditions and credit approval which are attached and made part of this agreement. We appreciate your interest in our products and selVices and if you have any questions on our offerings please do not hesitate to call. By signature below, I accept this offering: SubTotal 34,572.00 Signed: Freight: Sales Tax: Total: 0.00 2,973.19 37,545:19 Name: Title: 'ai)S ~MowPJmJUtcs"~ AFP 1547 60 Hz Bremerton WB3. Pumps 4 & 5 [ff ft_ 8" _ 4t~,.. 7- '... .v"i/'D R.., 7- ~p 6'" """ -- ......... " ..... pp -- ."", ~'" "'- 73.3'l1l '.:. . ." -p " "''' "-231 -p 2" 1- 1" '" - 2" 1" 231 1- --- 1" .....- 1- V 1" V .~ " 0 200 '400 '800 1000 . 1600 . . Q [U ; g.pm. 600 1200 1400 H ) P2[h Operating data specification Flow Efficiency NPSH Temperature No. of pumps Pump data Type Series NO ofvanes Free passage Discharge port Motor data Rated vollage Rated power P2 Number of poles Power facIor S1arting current Starting torque Insulation dass 845 US g.p.m. 68.1 % 7.7ft 39 OF 1 AFP 1547 60 Hz AFP M1-ME3 (1kW-22kW) 2 3118'" DN150 460 V 24.8hp 4 0.837 195 A 235 Ibf ft F Head Shaft power Fluid Nature of system Make Impeller Impeller size Suction port Frequency Nominal speed Efficiency Rated current Rated torque Degree of protection Teslnorm ISO 9906 - Annex A1/A2 2007-04-27 55.7 ft 17.5 hp Water S'mgle head pump ASS ConIraBlock impeller, 2 vane 9.09 inch DN125 60Hz 1760 rpm 88.6% 31.3A 741bfft IP68 ASS reserves the right 10 change any dala and dimensions Without prior notice and can not be held responsible for lhe U&e of information contained in !his software. ABSEL PRO U 2/2007-02-07 -'abS w:t~bnrtN'Cr1r'/Jl'b Pump performance curves AFP 1547 60 Hz Curve number Bremerton WB3. Pumps 4 & 5 Density VISCOsity 62.43lb1fl3 0.0000169 ft2/s Flow Head 845 US g.p.m. 55.7 ft Teslnorm ISO 9906 - Annex A 1/A2 Raled power 17.5 hp Discharge DN150 Rated speed 1760 rpm Hydrau~ic efficiency 68.1 % Reference curve AFP1547 Frequency 60Hz Date 2008-11-06 NPSH 7.7ft H - 8';-- --, QA ~ 8" ..~ Tn ...-....~ 7"'- ........ 6b.L_ " - .- ......... "'.. ....... - ..... ..~. ........... - '" "'^ --, " .,.. -- '1" 5..... r-.... --- " r--... ." ~~, '" 'c . 3.3'" " ~" ~ '" ..... I -- / '" "...- ''''A -. 2e-. ... ~ 2" I .- 1" .- 1"" .. - A_ ^" ^^ 21 ...^ ,- 1" 1" .- "-11 17- - - 1_ :.--- 1: .... ~ 14 .... 1" ..; ~ 1_ ..... ... 11 ... ... 1^ .;:: :; - O' "100 '200 300 400 500' 600' '700' 800 900 '1000 1100 1200' 1300 '1400 1500 1600 1700 1800 Q [US g.p.in. P2(h Impeller size tr of vanes Impeller / Solid size 9.09 inch 2 ContraBlock impeller. 2 vane 3 1J8" ABS reserves 1he right to change any data and dimensions Wilhout prior notice and can not be held responsible for the use of infonnalion con1ained in this 5OIIware_ Revision 2007-04-27 ABSEl PRO 1.72/2007-02-07 abS w.rr~lW1'f~1fGIb AFP 1547 60 Hz Bremerton WB3, Pumps 4 & 5 AFP/M1-ME3 Robust" reliable ABS submersible sewage pumps from 1.3 to 30 kW for the dewatering of buildings and sites in private, commercial and communal areas and in indusby. Water pressure-tight encapsulated fully f1ood-proof motors in standard or explosion-proof versions. Hydraulics with CB (ContraBlock) system or vortex impellers. Can also be supplied with cooling jacket on request for dry sump applications. Capacity up to Head, max. 820 m3Jh 92m Type: AFP 1547 60 Hz Technical data Delivery rate Delivery head Hydr. efficiency Total efficiency Shaft power Speed Impeller type Motor output Voltage Frequency : 60 Hz Suction ouUet Discharge outlet : 845 US g.p.m. :55.7ft :68.1 % : 61.1 % : 17.5 hp : 1760 rpm : ContraBlock impeller, 2 vane : 24.8 hp : 460 V : DN125 : DN150 ASS reserves the right to change any data and cfunensions without prior notice and can not be held responsible for the use of infonnalion conIained in lhis software. ABSELPRO 1.7.2 I 2J)f)7.o2AJ7 Weir Specialty Pumps WEMCO PUMP~ WEMCO.HIDROSTAt ROTO.JE?PUMP ~ Quotation Summary 12 Nov 2008 APSCO - Municipal P :0. Box 2639 (98083-2639) 1120-8th Street Kirkland, WA 98033 Quotation number: Revision: 70123 Altn: E-mail: Roger Perrin apsco@apsco-inc.com Project: Bremerton, WA Your reference: The following Is a price summary for this quotation. Please see Item specific pages for more details. tern number Service Pump size Unit Price Unit Freight Qty Extended Price 001 Raw Sewage E5K-M $25,127 $302 2 $ 50,858 SubmersibleIJmmersibl Grand Total $ 50,858 " PUMP FEATURES: All Weir Specialty Pumps are designed to reduce maintenance costs through greater pump reliability and improved mean time between failure. SCOPE OF SUPPLY: Only that material detailed in this quotation is being offered. No assumptions should be made that anything not specifically specified is included. QUALITY STANDARIDS: Weir Specialty Pumps - Salt Lake City, UT Is an ISO 9001-2000 certified plant. VAUDITY: This offer is valid for 60 days from date issued. Quoted prices will be held firm thru shipment if order is released for manufacture within 60 days from order entry date. Otherwise, a price adjustment may be applied. PRICE: Price quoted is for all Items purchased at one time. In the event of a parlial order, we will review and adjust accordingly. SHIPMENT: Approximately 22 weeks after receipt of approved purchase order and/or final approval of submittal and drawings. START-UP: Included. TERMS AND CONDITIONS: Weir Specialty Pumps General Sales Policy (001-001) applies. PAYMENT TERMS: N~30da~ Weir Specialty Pumps' 440 West 800 South' Salt lake City, Utah 84101 phone: 8013598731 . fax: 8013559303. www.weirsp.com Page 2 of8 Weir Specialty Pumps ~.weirsp.com WEMCO~ WEMCO;.HJDROSTAl. fU1TCh1Ef' PUMP Customer Price Sheet Customer: Project Name: Item number: Service: APSCO - Municipal Bremerton. WA 001 Raw Sewage Date: 12 Nov 2008 Quote No.: 70123 Rev: A Totals Pump ~~~~~ $ 25.127 US $302 2. $ 50 254 $ 50 858 0.9983 68.00 d F 1735 m 2 E5K-M Submersible/Immersible $ 25,127 Cast Iron Case High Chrome Uner (regulable) Grooved Uner Buna Wet End O-rings Stainless Steel Pump Hardware Stainless Steel Impeller Dynamic Impeller Balance WSP Supplied Motor 17.5HP 1728RPM Standard Efficiency 1 Speed EEXR4 Immersible Hidrostal Motor 1.15 SF Standard 50 fl (16 m) Cable Length Moisture Detector Relay Support with Cast Iron Bbow WSP Standard Blue Paint - Prime and Top Coat No Boxing WSP Decision Carrier Freight Rates - Washington No Hardness Testing No Non-Destructive Testing Testing Required 5 Point Performance Test, Multiple Speeds Start--up by Rep Bareshaft Pump 396.1bs Baseplate 400.lbs Driver 450.lbs Misc. Weight 125.lbs Misc. WeightO.lbs Mise. Weight 0.100 Total Per Unit Weiaht 1371.1bs $ 50,254 Weir Specialty Pumps Quote No. 70123-A 12 Nov 2008 Page 3 of 8 We~r Specialty Pumps _.weirsp.oom : APSCO - Municipal ------ -~-- -----Pump-Periormanc~_Datasheet-~------~--~------- WEMCO PUMP~ WSlIlCI):.HIDRO$TAt "'"{hIE., PJJM1> Customer Customer reference Item number Service Quantity of pumps :001 : Raw Sewage :2 Quote number Pump size Stages Based on curve number Date last saved : 70123 : E5K-M Submersible/Immersible : 1 : P25-D104 : 12 Nov 2008 5:26 PM I ~,',' ,.- ' , , ' ':" opetat;ri~'Conditions ',- :" -" - - "o' -.- ,. - ,~':.' -..":. :.-:: ,,<-' ':'-':'." )Llquid . '.': ~' , ':.'; . Flow, rated Head. rated (requested) Head, rated (actual) Suction pressure, rated / max NPSH available, rated F uen Speed, rated Speed, maximum S~ed, minimum Efficiency NPSH required / margin required Ns (imp. eye flow) / Nss (Imp. eye flow) MCSF Head maximum, rated speed Head rise to shutoff Flow, best elf. point (BEP) Flow ratio (rated / BEP) Speed ratio (rated / max) Head ratio (rated speed / max speed) CqIChlCe [ANSIIH19.6.7-2004] Selection status : 840 USgpm : 55.0 ft : 55.0 ft : 0.00/ 0.00 psi.g : Ample :60 Hz : 1,735 rpm : 1,800 rpm : 850 rpm : 78.38 % : N1A / 0.00 : N/A US Units : 318USgpm : 128ft : 133.35 % : 923 USgpm : 91.01 % : 96.39 % : 90.24 % : 1.00/1.00/1.00 : Acceptable " Oliver & POWer Data. ,,'. '~ . Uqukf type Additional liquid description Solids diameter, max T emperabJre. max Fluid density, rated / max VISCOSity, rated Maximum working pressure Maximum allowable working pressure Maximum allowable suction pressure Hydrostatic test pressure Driver sizing specification Margin over specification Service factor Power, hydraulic Power, rated Power, maximum. rated speed Minimum recommended motor rating : User defined (no properties) : 0.00 in : 68.00 deg F : 0.9981 0.998 SG : 1.00 cP : Rated power :0.00% : 1.00 : 11.65 hp : 14.86 hp : 15.13hp : 15.00 hp/11.19 kW =. .c i ~ a. 150 !~~-it"7h~,~~tl~:-1:f.:+tit ~i+ ~':F~~~~H:;i:~j~,~' !-~# ~*1':+'~}!-+ :#-4 H+{ ~t,H- .tp-~-ht~i t:':.~~ 135 f20 ~~~~ttrmt~f:TI!~F~j~ 11~~mr:refflt-fn1f:fqll e +..,..q*~.I_@ -""_',--i-+-;~+ ,--* +~.,.......t-~-~~- --\-'-1" "'1+~';"'""'-c'~~<- -...."+t-....t""' U+... 'T~"h-' ~: ~t1ft~'~~~W:lfJiW=I~t~.;;~ :! 75 ~:ut -~-~~j-rft- trfH1i~+ 11: ~G1t 1-yt ~t~- :~[t++rn:4 ts+ -hit ii~ #tt-F~ .. : i';: ; ~~L~~Wj'~i+~Ff:L~ff~imtH; ~-~~it~J+-tt~~ttt ~~H-*~: ti~i ~~-t ttt 45 iiit ~T-H ~Ht~~~: ~;tf.l : ~itptftITH~ t~-;.r =~'-f~-h~ +~ :~: ' ; - ~tidii:~~~J-ltL i;=rf : 1~~t~Jt: i=i~++~ITl' :Ht-~1:1.~tl:fij~c .~+ti*H~ TJ=.}:~.t-tL~~ +:~H 'i~-tf:h~:Rtt *;*~ ~it~f~~=j~i=tf-~~tr-;=t-':i ; : ~ ~; t: ~-H : ' V~: :; .Ur ~,I,t4~1=J ~A+- :._4f-f:ffii:fm'~- ~~i~ o 0 o ~ ~ ~ _ ~ ~ ~ ~ ~ C8padl.y.. USgpm Weir Specially Pumps Quote No. 70123 100 90 80 70 60 #- (;' 50 c .. U 40 m 30 20 10 12 Nov 20085:26 PM Page 4 of 8 ,WEMCQ PUMPQ;\ WlMCO-HIDROSTAt ROTO-J1i7 PIJMP Weir Specialty Pumps 6.1.2.33 ---------~-- ---- Construction-Datasheet-~- ---- - ------ ---- ---- --- : APSCO - Municipal : 70123 : E5K-M Submersible/Immersible : 1 : 1,735rpm : 11 Nov 2008 9:57 AM a ng (ANSI) Suction 61n 125 Ibs FF Discharge - 51n 125 Ibs FF ImpeIJerType : Screw.centrifugal Impeller Design : No~log Pump Orientation : Submersible Bearing Type (Radffhr) : BalVBaIl Bearing Lubrication : Grease Rotation (view from wet-end) : - Customer Project Item number Service Quantity of pumps Quote Number Model 1 Size Stages Pump speed Date last saved :001 : Raw Sewage :2.0 Pos'n Left Right : Cast Iron : Stainless Steel : High Chrome (regUlable) : Buna Wet End O-rings Speed Orientation 1 Mounting Driver type Frame-size Enclosure Hazardous area class Explosion rating Volts 1 Phase 1 Hz Insulation Temperature Rise Motor mounted by :WSP : Submersible : Immersible : EEXR4 Materials : CL, Div 1, GroupsC& 0 : FM Approved : 460/3160 24.5 F~I Load Amps : Class F Casing Impeller Uner Elastomer Shaft Sleeve Weights (Approx,) Baseplate Type Baseplate Material Orientation Connection Type Guard Bareshaft pump Baseplate Driver Total weight : Support with Cast Iron Elbow : No Guide Shoe : No Lifting System Seal Arrangement Seal Size Manufacturer Gland Material Seal Face Man Throat Bushing Seal Rush Plan Seal Rush Construction :N/A : 396.0 Ib : 400.0 Ib : 450.0 Ib : 1,371.0 Ib Weir Specialty Pumps. 440 West 800 South. Salt Lake City. Utah 84101 phone: 801 359 8731 . fax: 801 3559303 . www.welrsp.com Page 5of8 Weir Specialty Pumps www.welrsp.com WEMCO PUMP@ Wl!MetJ.HID.QSTAI. ROTth'67 PlIMP I : Pump Performance Curve i' , I Cl. 150 ,1,800 ~prn MUlt" '''~++.+. _'-+++..,++, '''f---,i-'!++''j'''!-'i'''i~- '.[..l++. i~ I",t.}.. -j...J.-H... J .1"J,."f. .)-L~-+....J-..[,"p_, .+.H..L 1-4+.Lf- .1-J..U,.,+.~..j.+ "H,++, 100 135 d;:Tr:r~'r;' 't;r: . "~;-L "+'I'i' r :::-:'!' r';' '''I^"!r:'l!''~:'';'' "!,+ ':'-;--!t[" 4* ft 'l'l" "! ~,Ft+~F!'" .,!;" 'II m rr! "j"" ;t.:,; '(iH' 90 ~i:,i:N:J.r~.~: .F.H'l' :~f~ ::':,rr':+f+r::!~,j"t:r:.r:+++ :/-: .T+ 'r),!,: ..:rF-H:"i' i'.::..F+t-/-.:::rF!.:t:':J::i""T" .H:.l.+:.1++r:: .1 :i..j .,: ' 120 ~,~3~ ~pm+t~~~' ~t+- ,J1TF+++'+I-'''i,lL'+++++'f ~ l i .':-'m"-r'~' '-!-+.+ -. ."j"'lT~' ;: ~T".q"L+. "+'ti"h.-++++ ';"]1 '~'I,.+L+++. .+~Ht 80 '-t.",-,."",,, -- ,~. 1"'oC ."t'~""'... '''Y.~'ll. ,,1-, ".- "p ,..,,'..~: ,..,"t "'... '''''''1''-'' ,,-.-1,,"'" ". 'i""f::r t',. ..''''j'''I' t... '''''',.'' ~.+.. "...."'1':-] "t". ..+-- ... ." ." "L.", ... ."....'''i. .,.. 105 "tJ',-itr'r 'i !"rn;.~.,~l": !";'i~t;~t+: :rlli ,).!I'\h: 1-.i I; I Tlrr:,"!'i,.i;.i.i";H.i~::H .:: ~'i::ttjt 70 -1"'.-r,..,4-1"'- ..I.,I,~1'1 ;:;L..:pr.. ;;;i; .' :..r.1""1.r~~ ....--I..~- .";'~'''r-t.. ....'...."1'".- 'i'iij' '''i' '.""{ 'H.. ,14-1-+. rr+o'" '+1--+--''''+ l+l-= ~...!lEmclenCYII"r .........1+. 90 !;:, :~ ; :: l . l I :: 1 t: : ,i : I ~ ..' : ! ~ : :.- :,': ;, I: i l i : ~ i J t 1 ::. 60 ;I! = . 'I'T .+'++.+..... ..,...l-.nA.,+-i0 ...L,J::~ ...h.I.,j.~. ,+,f,.c_, " "'1.,i"t",,," .."..." .'j...... -J._L.. ,+'" "!..,,,,,,,,L "......r"t..L.. """T"!"+' ..,-,-+'1''' ".+..Ll' ,., .., ..,,,,t-.f.. ,.,.. ,...1..",,, .,~"",,,l,,+, , , 75 "h'+'!""rTT"+ ++'I"'''Wf++'.~~.+~++'''i+'r+ ,+ 'j+''''!.!-+.r'''i'''I.++,..!.t''I'''I''''~'i",L.I'. -~-h"t, ++,,..i.,.j.'h"i' -i+++..,t+l.,t" 50 ~ I++j--+ ..++.,"tt'(:;btT-lf"i 'i"1""lt++.j':f:r-t-~~I+.I'll+t,,+ ..t'II...I-!+l.++["....t.H+ '!++H:"'HJ+.l+ljl"++I+ii+i" .~ 60 ''''I'','.;'' .. ":"1"'.. ,.,f/!'"'t..,.. .f"j""l.... ".'t.'t.' "","11".,' 'ff'!io-~"9"'i- 0;;;;'''1'' ..'.I'....j"" +.j..h"'!.j..,..t....TTiT'T..T"i'" ..'1""1 Tl"t'T'.'r- "'!'''(',':r TTTT 40 S ..,++..!.,jJ~.u,++ .!..t l-f- _+,..I.Lj.. '.1'+;'++"".'-+-++' +.I.'~'T- rt'F~~-.'J'~I+'''i. '+'j ,1-1....H++..j.--f-+I.+ '++"[;-- ...l~+J'l!' +H+ '''if.j!'-l ,. "-,'''j-T' r-t7i1- "r.'i-r- "1"y,H.- ++- "t- ... (T-t". "tj"-r-"'i-.1-rT "C:.~ "'r!"'. I ~ .". I~ ~t+-Tr rt+ I t"t+"r- Y"n -I-"T'iri'" '.i'-y"'j""I" '1"'1", + 45 j I; ""Z,,' I j I LL'LI ",'.' ~'l.' J ,r " 'I I' ..,..r+ttf-' , l' ,.!.itl i J" I ':t,u. "'; 30 '''i- "...'''r..;;;ct.....i'' '''' W ....,.'''!..' ","1'.\ ..',.... ..;" '"1"'" '.'j'.""'~'''l~ 't,.. '.-:''''''''jl' 't"'r .'t. -t 1'" 'i+r'Trl-:"r'" '" -...~ -1" I I -,.' .+"tT "-1' -Y'l""".'!"'''l''+'l -1"" ""1" 'r+tr' .j, '.1 f" +'1" ,U" .++,..j iLl. +",.\"1.,.,,,,, i.j, Tl-j'''j'+.''fJ.i'...i,."j. .....J"i1i..",'.. L.."..,J"_ "'.,.,.,...".t.....I,.,. 'I.."L,(. ','~'I.'I" j I , I 1-' !' (I 1 I I' I ! . . I 1 I .' I I ". .1- I j J I; I' I ~ 30 ~ --Ii..,. ++.+-+ ++ .., ,." j+. 'f, "++"1 . + ..11- ++.'''( +++'. ,++,1.". .++ t.+..t+++ "\.++l'++H.t'f--" l ttt'T"-'1 i.+'++..++ '1"1. 20 15 850 rpm Mlnr "j' I ' _.~... -- +t+T'Tr ,,,,..+'t'.- "I" ".t". ". '''t..t "!'TT"-. ~rj't..,'" TT.--i'''Tti'.'~. . r.rr:'" ...t"TiT-,'i-. ... .... '.,'"1'. i ......'T.....:"'1'" "i"t, '1-' 10 ::yt-J.t... ':JIIt: t:t':~L ':'1' ~'I'LJo: ~:'<I:J-I:t":I r:::tri: .1.. .t,; ;. ",:11'~ ,:::: ::fJ,iJ..,t+,:.+t +J:~I' .: ~:L:"I:j:J: 't-ij.+t: j::+:.jl.'l' +f:r-:f:~.:t.+ j' :j"!:'t~'r'jl-~: +.l',L:r:-Jl'I' t. o 1 I ,. I, 1 I I I 1,' I"r I j r! ,J' I! I, ' !! I 1 " "'.1' ! I i I I I I " ' .1 I 1, "I If." 1 I , 0 o 200 400 600 800 1,000 1,200 1,400 1,600 1,800 Capacity. USgpm Customer : APSCO . Municipal Pump size : E5K.M Submersible/Immersible : 1 : 1,735 rpm : P25.D104 : 78.38 % : 14.86 hp :N/A Flow, rated : 840 USgpm : 65.0 ft : 0.998/0.998 SG : 1.00 cP : 1.00/1.00/1.00 Customer reference Item number Service Quantity of pumps Quote number Date last saved : 001 : Raw Sewage :2 : 70123 : 12 Nov 2008 5:26 PM Stages Pump speed, rated Based on curve number emclency Power, reted NPSH re ulred Head, rated Fluid density, rated / max Viscosity Cq/Ch/Ce [ANSIIH19.6.7-2004] WeIr SpecIalty Pumps Quote No. 70123 12 Nov 2008 5:26 PM Page 6 of 8 Customer Customer reference Item number Service Quantity of pumps : APSCO - Municipal Quote number Pump size Stages Pump speed Date last saved : 70123 : E5K-M Submerslblellmmerslble : 1 : 1,735 rpm . : 11 Nov 2008 9:57 AM : 001 : Raw Sewage :2.0 1M U tl'aI: ~""".... Q""",",," ...-... """ I ,. n..... _ N'lUU .., I ... "",... .......- ,., --- ,-....... ., ...- tlilPllUlftDK....... ... "" --- IWWUD C1M~ -.- III'lSUIIeRK-tt 0 -... ....U!lI...... 0 ..-.. lllNUllltla:-u. .. , -.... I....,.,........ I , ... ....... -. -.... .. , , ... ,- o-fftL Ul JIlIJ'OlnIll la, w- I 1 ......... -"'" "" , , ... ,..... lMWfJ. 1.0 II: llOi:ftIll IA w_ , 1 " ,tal ,,~ ..... . " - 1ft. , . . , , .. >'I-' ...- on. , , 1 , ,.. -. _. .. HE'Q OIP Mill{ I. I". ,,- .... IOQ, tIllO .. Nit IC .. a:llelT ,It 'lQ\.,u.., -- OJ. . ",.+-1 -- OJ. I ..,... .... W " lUll II: ~ .... ,. ...... ~ lllfl.1IG 1IIt21C. en. C . , . "'III tNO. TlIf DO .'2 It "" ~I'ar C 'I'''' IMlt.WHIil1'.. ""- . . Mm NUl:. lIIX Nil JI l.11 "" I . ...,. IRII'. HiX Nil A 1.11 '1. aT I . ...,. w:utlIft, UM3( U11 en. . . ...". __ LOCI NI' ~II- , . un" SRlJ.WDlDlIl'1J1l1.~JlJl 1ft. , . ~l" INQ, WI DID .,~" 1.1:1 Jl ~ 0114. . . ...,. It,,",. tIIK Ml& II 1,71 on. . . ..... ltlll'.ItIXN1IM ',I'll f"_ . I ..." .... UCW Nil lO. . . -. ..... LOCI{ MIl ~1'_ ~ . t - aw. WI all 1iI1Q"~ 1ft. S . t -- mw.. lIP DO .,g X ...,.... 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Weir Specialty Pumps' 440 West 800 South, Salt lake City, Utah 84101 phone: 801 3598731 . fax: 801 3559303 . www.welrsp.com Page 7 of 8 Customer Customer reference Item number Service Quantity of pumps : APSCO - Municipal Quote number Pump size Stages Pump speed Date last saved : 001 : Raw Sewage : 2.0 1iQID.:. 1\011$ 0_ I\o\S A CO_NOINO. I FIlE. UPI:l\1E dt WHEN _He nU9 a_NO. Lte9l 1. DIUENPlH' ME NOT FQR IHST.IUJlJ1ON I'UftPCl'StlI UN~ CmtlI'lEO. I. PU"," AND IlOCESSOftlES AIlE DESlllHED POft CONI1NUOUS _CEo 3. PU.... Slzr, MODII. AND SEftWo NU_ I\IUSf IE !ReIFlED lIltSH ORDEIIIHO SPAIlE PMlS. @ CLOOI\'MSE ftCll'lll1llH WWEt) FIlOM TCI' OF U010ftl CCII IS Nar AV.\l.oI8LE. a. SUlrnON _ DllItt1'I\lZ f\MGe;l IIJ'J't '11111i 11:5 Ul. ANSI FI.OHGtS. @ uc;r,y NlP~DHOLE NOT AVAl.'III.E OH "OK lItFlOustt HllK. 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G KF:Y PI AN OISC~E FUNGI: CAN BE I'IOTATEO IN IIII~ OF <Ill' AS SHOM-l 111I AAIWIQEIolEN1S Weir Specialty Pumps. 440 West 800 South, Salt Lake City, Utah 84101 phone: 801 3598731 . fax: 801 355 9303 . www.welrsp.com : 70123 : E5K-M Submerslblellmmersfble : 1 : 1,735 rpm : 11 Nov 2008 9:57 AM ~4ii 11 if' :!$ . .' f . 1<<P .. .. .. ~ ~,rf SUCTION & DISCHARCE ARRANGEMENTS .WI Page 8 of 8 DATE SUBMITTED: January 22,2009 BILL # oq- Od-I AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5H .......................................................................~...............I SUBJECT: Approval of Voluntary Separation Request for Risk Manager Committee Meeting Date: January 28, 2009 COUNCIL MEETING Date: February 4, 2009 Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The City's Risk Manager has applied for the voluntary separation program implemented by City Council under Ordinance No. 5068. The program requires that the position vacated remain vacant for at least one year unless otherwise approved by city Council. The intent is that the separation results in a quantified ongoing savings for at least one year. If approved the voluntary separation proposal will result in a position vacancy. However, rather than leaving the position vacant for one year, staff is proposing that the position of Risk Manager be reclassified as a Risk Management Specialist and reassigned from Pay Band 16 to pay Band 12. Additionally, the position would be moved to the Office of the City Attorney. The resulting ongoing savings from the reclassification will be at least $24,748.56 annually. ATTACHMENTS: None FISCAL IMPACTS (Include Budgeted Amount): The Risk Management Fund will realize an annual savings of at least $24,748.56. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the voluntary separation request of the City's Risk Manager. COUNCIL ACTION: 0 Approve D Deny 0 Table o Continue 0 No Action DATE SUBMITTED: 1/9/09 BILL 0'1- D2 "2... AGENDA BILL CITY OF BREMERTON CITY COUNCIL 51 ...............................~........................................................ SUBJECT: Collective Bargaining Agreement between the City and Bremerton Police Management Asso,ciation Executive Session Date: 1/7/09 COUNCIL MEETING Date: 2/4/09 Department: Financial Services Presenter: Carol Conley, HR Manager Phone: 473-5347 SUMMARY: Pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the Bremerton Police Management Association (BPMA) 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, 2008. The new CBA is for a three (3) year term, beginning January 1, 2009 through December 31, 2011. It has been ratified by the BPMA membership. Council approval is required to implement this agreement. A TT ACHMENTS: Proposed Collective Bargaining Agreement between the City and Bremerton Police Management Association FISCAL IMPACTS (Include Budgeted Amount): Fiscal impact of implementing this contract for 2009 is estimated to be $ 30,719. There are sufficient funds in the 2009 budget to cover the cost of the proposed contract. APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: OVER\. TIONS: . COUNCIL PRESIDENT: I CONSENT AGENDA ~ RECOMMENDED MOTION: Motion to approve the Collective Bargaining Agreement by and between the City and Bremerton Police Management Association, January 1, 2009 through December 31, 2011, and authorize the Mayor to finalize and execute the agreement in substantially the same form as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action Approved Contract for Ratification PROJ20SED LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND BREMERTON POLICE MANAGEMENT ASSOCIA nON JANUARY 1,20026 THROUGH DECEMBER 31, 2011G& 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 Bremerton Police Management Association hereinafter known as the "Association" for the purpose of setting forth the wages, hours and other terms and conditions of employment which shall be in effect during the term of this agreement for employees included in the bargaining unit described in Article 2 below. ARTICLE 1 ............. DISCRIMINA TION ALLEGATIONS 1.1 An employee who believes that he or she has been the subject of unlawful discrimination on the basis of political affiliation, age, sex, marital status, race, creed, color, religion, national origin or activity protected by RCW 41.56 shall seek relief through the City's Equal Employment Opportunity Complaint Procedure or the appropriate state or federal agency charged with investigating such matters and shall not process such complaints through the Grievance Procedure of this Agreement. ARTICLE 2 ............. RECOGNITION 2.1 The City recognizes the Association as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and conditions of employment 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. ARTICLE 3............. ASSOCIATION ACCESS 3.1 Association business such as handling grievances and other legitimate routine matters may be conducted on Police Department premises provided that such business does not interfere with Police Department operations and is authorized by the Police Chief. ARTICLE 4 ............ SALARIES 4.1 MONTHL Y SALARY RATES -- Monthly salary rates shall be paid as set forth in Appendix A which is attached hereto and made a part hereof. Appendix A will be changed as necessary to reflect the following: Proposed Collective Bargaining Agreement - Bremerton Police Management Association January 1,2009 through December 3 J, 20 II Page I of 18 Approved Contract for Ratification 4.1.1 The salary rates for Police Lieutenant and Police Captain will be set so as to maintain the following differentials: 4.1.1.1 The Police Lieutenant base salary at step 1 will be not less than six point seven percent 6.7% above the top step Police Sergeant base pay rate. 4.1.1.2 The Police Captain base salary at step 1 will be not less than 4.2% above the top step Police Lieutenant base pay rate. +-1-;~4.1.1.3 The percentage between each pay step is 2.25%. 4.1.2 Effective January 1, 20026, employees will receive a tive______t-wB--aRd a haloof percent (B~% across-the-board cost of living adjustment (COLAL-.-Ihe COLA \\ilL.lJJ-;. extended out three decimal points. 4.1.3 Effective January 1, 201JLw the y\agf...inerease shall be_ based uJ2Q!LlOO%__clJb..Q (,PI- \V for Sea1tle/Tacoma/Brernerton. June 2008 to June 2009. with a minimum increase oftwo percent (2%) and a maximum increase of five (5</0). The COLA \'vill be extended out three decimal points. employ ::e~~ \,-ill receive a fotrf--i*1int ~;i); t%6 f7€-l'€-€-n~ ('1.62%) [l-e-fO~;~; ~he OO-aK---I--e-B-s-t: of li\'ing ~',djmtmen~ (COL.".), plw; ~'c one h-aloot' j'}€-f€-t'-fl-t (.5%) adj u~tnlenL for a ~ot-a-l----B-f---fi-v-e---p-oi n~ one ~ \\'0 percent (5 .1~+ 4.1,4 4-+4--Effective January 1, 20lLOO, the wage increase shall be based upon 100% of the CPI - W for Seatt1e/Tacoma/Bremerton~ ,I llne 2009 to June 2010 as-----tj-f--"'h!-l-1tL-;+l-; ~ with a minimum increase of t We) 12('reent (2%) and a maximum increase of [[212 Dcr~~~IllJ5%1. plw; U OR:-€----B:-RB-U hulf-p€rcent (1.s<>o)-----adj-tEi-t-ffi-€-Fl-l. lhe CQI -1'\ \\illJ2..<:: ~;\lcndc~LQllJJhrec (3) dcci]JlillJ)()i1ll~ :LL2.._-In the_event that the Bl~emerton Police Officers (Juild (BPOG) receives a COLA in any ycar of their contract that c:-<.ceecls the fiyc percent (5) maximunl. thC1-"L1be Brcmenon Police MaJlll}!eJ.llcnLbanlain_~llnit shall also receive the same. additional amount. T/\ 'd 4.1.2 thru 4.1.5 on 12-1 ()-08 4.1 LONGEVITY PAY: Longevity pay, which is a rate of pay based on the length of completed continuous service with the City, shall be calculated on the individual employee's base salary rate and shall be paid as follows: Leneth of Continuous Service o through 5 years continuous employment 6 through 10 years continuous employment Commencing 11 through 15 years continuous employment Commencing 16 through 20 years continuous employment Commencing 21 through 25 years continuous employment Commencing 26 years and over continuous employment Rate Per Hour 0% 1.25% 2.2501() 2~/o ----- 3.50i(QJ% 7.75% 9.00% Proposed Collective Bargaining Agreement ----- Bremerton Police Management Association January I, 2009 through December 31, 20] I Page 2 of 18 Approved Contract for Ratification Tl\'d 12-16-08 .-------- 4.3 PAY RATE WHEN PROMOTED TO A HIGHER CLASSIFICATION WITHIN THE BARGAINING UNIT -- An employee promoted to a higher classification within the bargaining unit, will receive at least the entry step of the new pay band or a step at least five percent (5%) higher, whichever is greater. However, no employee may be advanced beyond the final step of the new pay band. 4.3.1 The employee's advancement to the next step of the new pay band will be based on the effective date of their promotion to the higher classification. 4.4 STEP ADVANCEMENT -- Advancement from Step to Step will occur upon the positive recommendation of the Police Chief and after completion of twelve (12) continuous months of service in each step, based upon satisfactory attainment of established performance standards, and overall satisfactory performance. Step increases may be withheld for a maximum of six (6) months. In the event an employee is on approved leave of absence without pay, the employee's next wage rate advancement date will be extended by the actual number of days the employee was absent on such leave. The denial of a step increase is subject to the grievance procedure. 4.5 TEMPORARYIPROVISIONAL ASSIGNMENT TO HIGHER LEVEL POSITION -- The Police Chief or, in the absence of the Chief, the Mayor may provide a written directive to an employee to perform all or a part of the duties and accept all or a part of the responsibilities of a higher level classification, The employee so directed shall have his/her pay rate adjusted for the duration of the assignment as if he/she had been promoted to the higher classification provided, however, that such adjustment shall be not less than 5%. Other benefits provided such an employee. through the provisions of this agreement shall not be affected, and no benefits of the higher level classification shall apply to the employee during the assignment. This provision shall not apply in situations when the Police Chief designates an employee to serve in an "Acting" capacity less than 30 work days during the absence of the Police Chief or a Captain (Division Commander) due to vacations, while attending conferences, and other such usual and customary absences 4.6 DEFERRED COMPENSATION :-The City will contribute f()ur percent (4(%) Or~!rr en:wioyecs' base monthl\ salary to \heir De1'crred Compensation Plan.~-thc payroll deduction of any \Hit~en reque~;t by an employee in an amount no~ tB-€-X-eec~-fetlryercem CWo) of the -€fR-jJloyec's base monthly :;ali:tf-J';- In the event that the Bremerton Police Officers Guild (BPOCJ) receives a Deferred Compensation contribution bv the City in a11\ year of their contract that exceeds the four percent (4). then the Rremel10n Pol ice Mal1a~ement bargaining unit shall also receive the same additional amount. 4.7 CONVERSION TO lANGE-Vl-T-Y: Em~Wtyees who have completed fifteen (15-t-B~~-ffl-(*B yem~; with the City may elect, by notif)ing the City in \\fiting on an al1ltl::1ul bW;:~:~-l:fK-7 wi~;h to convel1 all or a por~iol1 of their-Je-1€-Fre4-compcn:mtiol1 lo longevity. ~+t C011ver~;ion ~~hall only be permitted in one hdf percent (1()%) incremeH4-5-:---{~--aR Proposed Collective Bargaining Agreement - Bremerton Police Management Association January 1,2009 through December 31, 20] 1_ Page 3 of 18 1( A.pproved Contract for Ratification employce has elected to make the c011\er~;ioF!----tF8ffl---t:k>krred eompen:;ation to ]on:zevity.:. . '-- . they "vill not be peR-llitted tC-H'Rak-e--ttlty-4tafl-g-c'-5-\v-hut;oeveF to ~hc percentage COR-Yt'-f1:eB-;--fe.f a-Cull ]:2 month period. TA \J 4.6 & 4.7 on ] 2/16/08 ARTICLE 5 ............. HOURS OF WORK 5.1 Employees shall work such hours as are assigned by the Police Chief which shall be at least forty (40) hours per week, including paid holiday, vacation and sick leave time. In addition, employees shall serve on emergency standby status during such periods as are assigned by the Police Chief and are subject \to emergency callback at any time. Employees covered by this agreement are salaried and exempt from the overtime provisions of the Fair Labor Standards Act. ARTICLE 6 ............. VACATION LEAVE 6.1 VACATION ACCRUAL -- Employees shall accrue vacation time with pay for all regularly scheduled work time including paid leave time pursuant to the following schedule: PERIOD OF CONTINUOUS FULL TIME EMPLOYMENT Date of Hire through 5 years 6th year 7th year 8th year 9th year 10th year 11 th year 12th year 13th year 14th year 15th year 16th year 17th year and thereafter Hours Accrued/Year 104 Hours 120 Hours 128 Hours 136 Hours 144 Hours 152 Hours 160 Hours 168 Hours 176 Hours 184 Hours 192 Hours 200 Hours 208 Hours 6.1.1 ]n t]le event that the Bremerlon Police Oftlcers Guild (I3POG) receives a Vacation accrual in any vear of' their contract that exceeds the accrual schedult,:_~li sho~\n in 6.1 abmc. then the Bremertoll Police \lana~~emellJJJar,lwining unit shedl a]_so reccj~.9 the same additional amount or accrual. 6.2 VACATION ELIGIBILITY -- An employee becomes eligible to take accrued vacation time upon completion of six (6) months of continuous employment with the City. Vacation time must be fully accrued prior to the time an employee takes any vacation time off. Proposed Collective Bargaining Agreement - Bremerton Police Management Association January 1,2009 through December 31, 2011 Page 4 of 18 Approved Contract for Ratification 6.3 VACATION SCHEDULING ,-- Annual vacation leave shall be authorized by the Police Chief or the Chief's designee. Personnel shall schedule vacation leave by mutual agreement of the employee and the Police Chief or the Chief's designee. 6.4 MAXIMUM VACATION ACCRUAL -- The maximum number of vacation accrual hours that any employee shall be allowed to carry forward from one calendar year to the next is as follows: Years of Continuous Employment Maximum Balance o through Five (5) years More than Five (5) years 160 hours 300 hours Vacation leave may be accumulated up to a maximum of three hundred (300) hours as of November 30th -t-:,;t1\ of any calendar year. Employees with more than three hundred (300) hours accrued as of November 30th 1~lh will be paid for any accrual over three hundred (300) hours, up to a maximum of 80 hours. Payment shall be made the I st pay day in December. Any accrual in excess of the 80 hours maximum payout shall be forfeited, and the vacation leave balance shall be reduced to 300 hours. 'fA' d 12/16108 6.5 VACATION PAY-OUT -- Upon the retirement or termination of an employee who has served six (6) continuous full months of employment or more with the City or upon the date of an employee's disability retirement, the accrued vacation hours of such an employee will be paid to the employee in a cash lump sum payment. ARTICLE 7 ............. HOLIDAYS 7.1 HOLIDAYS 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 In addition, any other holiday legally proclaimed by the Federal or State government, provided that the City takes official action to have such holiday also observed by the City. I 7.2 FLOATING HOLIDA Y- Each employee shall be allowed one Uladditional holiday to be observed by the employee on a day mutually agreeable to the employee and the Police Chief. 7.3 ALTERNATIVE DAYS OF HOLIDAY OBSERVATION -- 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. If the day Proposed Collective Bargaining Agreement - Bremerton Police Management AssociatIOn January I, 2009 through December 31,20 II. Page 5 of 18 Approved Contract for Ratification a holiday is observed by the City falls on an employee's regularly scheduled day off, the employee shall receive an alternate day as a paid holiday. 7 .4 HOLIDAY COMPENSATION -- An employee 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. ARTICLE 8 ............. SICK LEAVE AND INDUSTRIAL DISABILITY 8.1 SICK LEAVE ACCRUAL -- Employees shall accrue sick leave time with pay at the rate of .046154 hours for all normal hours of work including paid leave. 8.2 MAXIMUM SICK LEAVE ACCRUAL -- Employees shall be able to accrue sick leave to a maximum of one thousand two hundred (1,200) hours as of November 1 st of each year. 8.3 SICK LEAVE WORK PERFORMANCE BONUS - Employees who accrue over the 1200 hour maximum may cash out 50% of the hours over the 1200 hours and receive this bonus on the November 22nd pay day, and their sick leave balance will be reduced to 1200 hours. 8.4 SICK LEAVE RETIREMENT OR DEATH PAYMENT -- An employee - who retires from City service on a service retirement shall be provided a Sick Leave Retirement Payment of thirty-five percent (35%) of the employee's accrued and unused sick leave hours to a maximum of 35% of ] 200 .iffl.Q hours (a maximum total of 420336 hours). The payment will be made to the employee at the employee's regular hourly wage rate in effect at the time of retirement or in the event of death, to their designated beneficiary. As an altcrnmi\ c to rccci\inQ pavmcnt. the cmplO\(;c may elect to have his/her sick Jca\C~.J.?1:1VoLlt 11laccQjX1to their lk~tltb Savings/Retjrement /\CCOLl~6.' d 1-16-08 8.5 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 hours due to: 8.5.1 The temporary disability of an employee resulting from his or her personal illness or Injury. 8.5.2 Providing care for: a) a child of the employee under the age of 18 when they have a health condition that requires supervision or treatment; or b) a spouse, parent, parent- in-law or grandparent of the employee who has a serious health condition or an emergency condition. 8.5.3 Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health care of the employee or the employee's children when such care requires parental presence to supervise or authorize treatment. Proposed Collective Bargaining Agreement - Bremerton Police Management Association January 1, 2009 through December 31, 20 U Page 6 of 18 Approved Conthlct for H.atification 8.5.4 Upon the birth or adoption of a child, a father may use up to three (3) days of accrued sick leave or claim FMLA leave pursuant to Federal Law as may be amended from time to time. 8.5.5 Providing care for an employee's immediate family member as provided for in Section 8.5.2 when the family member has a health condition that requires the assistance of an adult caretaker until such time as other care can be arranged. 8.6 NOTIFICATION OF SICK LEAVE USE -An employee who is absent or expects to be absent from work due to causes specified in 8.5 above, shall provide notification as follows: 8.6.1 ROUTINE APPOINTMENTS -- An employee who schedules a routine medical, dental or oculist appointment shall make every reasonable effort to schedule such an appointment at a time which will cause the least interference with the employee's work hours and duties. The employee shall give 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. 8.6.2 UNANTICIPATED ABSENCE -- An employee who is absent from work or will be unable to report to work as scheduled due to personal illness or injury, or for other causes specified in Section 8.5 above, shall promptly notify the department by telephone or otherwise by 0800 of the day of his or her scheduled work day. 8.6.3 SICK LEAVE DURING AUTHORIZED P AID LEAVE -An employee who becomes ill or is injured during the employee's paid vacation may request the conversion of such paid leave to sick leave with pay by promptly notifying the department of the illness or injury and providing such information as is required by the department to verify the appropriateness of such a conversion. 8.7 SICK LEAVE DOCUMENTATION AND APPROVAL -- An employee who has been absent on sick leave shall, within thirty-six hours after returning to work, submit such forms and provide such information as are 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 ctTcctcdafTcclcd 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, or other methods appropriate to the circumstances. The Department may require an employee to provide 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 Proposed Collective Bargaining Agreement - Bremerton Police Management Association January 1,2009 through December 31,20] I Page 7 of 18 Approved Contract for Raiification Department shall not unreasonably withhold approval of sick leave with pay from employees. Ti\.' d 12-16-08 8.8 INDUSTRIAL DISABILITY LEAVE FOR LEOFF II EMPLOYEES --An 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 time-loss benefits as provided by Washington State Law. ARTICLE 9 ............. OTHER P AID LEAVE 9.1 BEREAVEMENT LEAVE - An employee will be granted up to five (5) days of bereavement leave for attending funerals in the State of Washington and up to seven (7) days for out of state funerals of members of the employee's immediate family. Immediate family shall be defined as spouse, child, stepchild, mother, father, mother/father in-law, brother, sister, bother/sister in-law, grandparents and grandchildren of both the employee and the employee's spouse. All time off for bereavement leave shall be charged against an employee's vacation/holiday, sick leave or compensatory time leave balance at the option of the employee. 9.2 JURY DUTY, WITNESS LEAVE - An employee shall be granted leave of absence with pay for the purpose of reporting to Jury Duty or if subpoenaed as a witness. Any juror or witness fees received by the employee for the performance of such duties shall be assigned to the City. 9.3 MILIT ARY LEAVE - An employee who presents official orders requmng his/her attendance for a period of training or other active duty as a 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 t\\en1\-on(: (21) .fi-4-?tt<c-rrfl~ work days annually. Authorized leave of absence for additional or longer periods of time for assignment to duty functions shall be without pay and shall be granted by the City. An employee on military leave without pay shall not accrue any leave benefits. An employee receiving up to twe_nl\-OllQ QUJ'i-f{ecn (15) work days of training or serving on active duty shall receive their regular pay and the amount received from the Federal or State government. (Pursuant to RCW 38.40.060 as may be amended from time to time). f)urjn~ Rcriods of mililill'Y conllic1. emDloyees arc entitled to up to fifteen (15) davs of unpaid leave before their spollse i~ deployed or while their spouse is on leave from dep10vment. TA'd 12/l 6/08 9.4 DOMESTIC VIOLENCE LEAVE - Pursuant to State La"", Domestic Violence 1.e2\\\': provides additional leave rights to emplovees who are victims of domestic \'iolenee. sexual assault. or stalkim!.. or \\1-10 are famil\' members of yictims. It entitles cmplO\ces to take k~l\'e \0 Le.s;.Q!VC medfeal treatment. attelxiJi:,.g"clL12roeeed ings. or address safel \ concerns a ri s i ~D liLJc!.Ld on 1_~1Lc:_~ 0 Len CQ.o--,'i!;~0mlL a s sa u lJ c._QL_staU~jJ:.tg as ._Ql!1UnQ.c.1J1:LCitLlllliTLQX1 Re%:l.urccs Polic\J-20-19~L\' d J :2/1Q/O~ Proposed Collective Bargaining Agreement - Bremerton Police Management Association January I, 2009 through December 31, 20] I Page 8 of 18 Approved Contract for Ratification ARTICLE 10............ RETIREMENT BENEFITS 10.1 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 employee contributions to the respective retirement system, which is picked up by the City. ARTICLE 11............ INSURANCE BENEFITS 11.1 MEDICAL INSURANCE -- The City shall make medical insurance coverage available to employees and their dependents as follows: . Kitsap Physician's Service Plan A for Employees and Plan "A" for Dependents · Group Health Cooperative for Employees and Dependents or another plan of equivalent coverage approved by the Insurance Benefit Committee. 11.2 INSURANCE PREMIUM PAYMENTS -- Payment of insurance premiums shall be made as follows: · Employee premium paid in full by the City. MrR~e contributions .:t:e-wutt:l: dependent coverage shall be :;e','el1 dollar:; ($7) per month per dependent to 21 maximum of t\Veflty one dollars ($21) per month for full fUffiHy-cfl\"l:ruge-fer enrollee:; in the Kitsap Physician's Plar:.; and, ten dollar:; ($10) pCI' month per dcpe-Rdent to a m21ximum of th-H:t:t-6011ur:; ($30) per month for full f[~mily-e+)\'cruge for enrollees in the--Group IleaJ..t:.h Cooperuti\T Plan-;- ~rcctive JamlUry 1. 2007, ernploye-e-s-shall pay twenty doom:; ($~O) per dependent for eithc-f~--Bf-Gn':Htf1l1ealth Uy-tfH:I---R'l-aK--i-m-Hm of :;ixty ($6(+) per month for--+tJ-J-l. Elrr-H~WE:'F-a g e. · Effective January 1. 200.&--e[mployees shall pay ten percent (10%) of the dependent premium for either of the two plans. 11.2.1 STIPEND IN LIEU OF MEDICAL COVERAGE - An employee \'vho wai'ves the rif2,ht to obtain medical insurance coverage through the City and \vho ]1rO\'ides proQLQf credible eoveralle through his/her spouse or other source shall be entitled to recei\e a stipend of one hundred f1fl\ dollars ($150:00ULer month. payable in the amount or se\~.ll::..Li~si~l] lars ($75.00) per pm. [':mplmces shall be required to notii\ [Iurnan Resourccs, in writin(!, during Ql2cn enrollment. of their desire to "aive medical coveralle. or at anytime during the veal' i r 21 qualit\!inu. e\cnt occurs v\hich would_~hanQc their status (e.g. marriage, divorcc. spouse loss o( job or medical coverage). For initial implementation of tbis bendlt for those vvho elect to \\aive coveraQC, the pavment orthe stipend ,,,ill not be rctroaeti,e to Januarv 1. 2009. but \vill become effective the first pay period of the next month following ratifIcation of the 2illl...eement. Since both KPS and Group Health underwriting requircments require a 75'% participation ralC, in the cvent that there is less than a 75% participation rate due to employees waiving medical Proposed Collective Bargaining Agreement - Bremerton Police Management Association January 1,2009 through December 31,20 J I Page 9 of 18 ~"ed Contract for Ratification co\cra(le. the City mav cease otrerin~ the stipend due to the adverse impact _upon lhosQ insured. 11.2.1 Tn the e\'Cntthattl1e Brcmcrton Police OfTicQTS GuiL<il13PQillrcccivcs a_;;JiJjcl1<lJJ\~ the City in any veal' or their contract that exceeds the $150,()()/monLh.,-.ll~J:L thQ Bremerton Police Managernent Jjarv:aining unit shall also recei\ f_lhe_.iQ1I~ additional amount. TA'd 12/16/08 11.3 DENT AL INSURANCE -- The City shall provide the same benefit levels as are contained in the Washington Dental Service Plan F dental insurance coverage for employees and their dependents and provide for full payment of insurance premiums. Any other plan must be approved by the Insurance Benefit Committee. 11.4 DISABILITY -- Employees who are covered by the Washington State Retirement System commonly known as LEOFF II, shall enroll to receive Long Term Disability Insurance coverage through the provisions of policies held by the City with Standard Insurance Company. The City shall pay a maximum of $20.00 per month per eligible and enrolled employee toward premium costs as of the first (l st) of the month following ratification of the Agreement. The remainder of all premium costs shall be borne by the enrolled employee and shall be paid to Standard Insurance Company through payroll deductions authorized by each enrolled employee. 11.5 INSURANCE RESERVES, REBATES AND SURPLUSES -- The City shall require the KPS medical plan provider to provide a structured accounting to the City at least aImually. 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 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. Premium increases shall be any increase over the 1994 levels. 11.6 INSURANCE COMMITTEE -- The Insurance Benefits Committee shall be comprised off the following members: Mayor or designee, Human Resources Manager or designee, Financial Services Director 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. NOTE: Due to continuing significant premium increases for Health Insurance coverage, the City will be working with the Group Insurance Selection Committee to address cost containment measures for coverages and employee contributions. 11.7 KPS COST CONTAINMENT MEASURES: The following cost containment measures under KPS are as follows: Proposed Collective Bargaining Agreement - Bremerton Police Management Association January 1,2009 through December 31,2011 Page 10 ofl8 Approvcd Contract for Ratification 11.7.1 $10 OFFICE VISIT CO-PAYMENT -- Employees and dependents emolled under KPS will pay a $10 co-payment per office visit. Co-payments shall not apply towards satisfaction of the calendar year deductible. 11.7.2 $50 ANNUAL PHARMACY CO-PAYMENT - Employees and dependents emolled under KPS will pay an additional annual co-pay of $50.00 for covered prescriptions. 11.7.3 Any required co-payments shall be the sole responsibility of the employee. ARTICLE 12 A-bbO\V,'\NCE UN I FO R M S(''-.l'(+I+RN-G--ANI-1--UN-IW-R--rrvl--C--=-I:o-I;;AmN.(''; 12.1 PURCHASE OF UNIFORMS -- Each police officer shall be furnished uniforms as designated by the Chief of Police. Such uniforms shall be replaced on an as needed basis from the Clothing Allowance Fund, as determined by the Police Department Administration Office. All uniforms purchased by the Employer are to be and remain the property of the Employer. -1+;?'----GbOTHl:'lC ALLOW/\NC~-l--a+l-ev;ance of !-t-R.~d dol]arfj-~(-H-f41 wi-l-J--he-tift:l yi de d lO non -Hfl-HBfl'rr€fl-:-S*f:lfft--p€-f-Sf:lfHlt{~4t--a-l+HV\'tlfi c c ~; 11[11] [)i2--fltH-d-titJ-ff.ltg tfH;-ffit-:lfl-tJ-H+J':'-Jafl-'cK+fT:--+fK~lBye-F--S-h-i:tf.1.---vv+1-li-4<+I-d---t:Rt n e c C~; :;ary *~-i-Ft-8.-)-ffl-e--ht:\--+FHffi t-J-K-'---€-I-tWM g eel 1 () Vi-a n c e a ~; ~:~~---+Ite-+ttI-eral--tiBf--€-BEl-e--a& no \\ \ Hi t ten Or-J~'r-e-Htafl:t-F 3t1-1Cnded. -12.3 YN-lFORM CLEANING i\LLO\V,A..N{:E There ~;hall be liB annual unif()rm cleaning al1e)\'.anel' of lhree--R-\::H1El-r-e.a--t-wtfl-ty-fi\c dGIlar:; ($325.(fGt-fC-'f----J'€ar for employcc~;. -I~-s B:j3fme; ~ 0 all peFSC-:Tfl-f1-€-t---8.-tJ.;-'-€-I't"..z.4---By--i.-h-i-s- agrc e m en 1. S uc h a II 0 Vv-H-I-'tL-'-L~ra+l----l3~---i-R January. /.n employec wi-l-Htt-n---oc.LftKttl-i-red-lO pay back tEH-Re Lmplo)Cf-- fund:; ret€th.'8-I-BF the purpo:;c of clothing or cleaning cellcmUf'lCe altcr the emf:l1Bye€---has----ft't~---~TH€-l.:r pm men 1. Th c cern p] ewe I' ~,ha] 1--*++11 110 I d t he--fl e c e:; s arT--f{.-'-€l-erat-t-H€Bffit---t-a-N--H=t:lf'fl---lfl-E:L-E-Jea-n-Hte 01 '" \ ... ..... a:J+e-\vance a~; required by t-H-e+'-eEi-€-l=at-tax code <:I-S--+10\\ ""Tilten or hCrei-tmft.e-l'--i-l+fl-€-fH:l-ed-;---;- 12.1 CLEANING GONTRACT In the~--t-l=J.e--llil1pl()ycr ~;CC'..lrc:; a cleaning contruct with an independent cleLt-H-i-Hg-+empany Eluring the term of tlli;; "^.;;retffi€flt, 12.3 ,,\ ill 8ee-e-me---H-tI-l-t and void. ]/.5 ALTERNATE CLOTHI-NG--ANf) UNIFORM CLEANING ALLO\V.'\NCE REIIVIBURSEMENT :\1ETHO[) J^,t the cmployee'~; option. in licu or the pro\i:;ion~; of ~1 12.') and 12.3, he/:_;fte-may :;'..lbmit appFepfla-l:€--f€€{.~':lt5--fuT--.R.->tm-l.)'..lrSel11Cnt--flf--ettl1tt or both of the:;e aile)\'. anec~; ap4H--t-fl.€ m~'lximum w;-5-j0€-e-i-H€d in 12.1 and 1 J.3 ;}hB~--A-H ~oyee mu~;t inCorm the Trea~;urerf:;--4J:+itt-- no later than January 1 or cach~'---t+HH- ftt./sk~; to utilii~c th-i-5---atternat-tTe-; TN d 12/16/08 ---------- Proposed Collective Bargaining Agreement - Bremerton Police Management Association January 1,2009 through December 31,20 j I Page II of 18 I :\ppnJ\ ed Contract for RatifictttioH ARTICLE 13 ............ PERSONNEL PRACTICES 13.1 DEFINITIONS - For the purpose of interpreting the provisions of this agreement, the following definitions shall apply: 13.1.1 13.1.2 13.1.3 Probationary Employee: An employee serving a twelve-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. Promotional Probation: A twelve-month period commencing upon the initial date of a permanent promotional appointment during which a promoted employee who is unable to perform the duties of the higher level position shall be returned to his or her previous classification at the time of appointment at the sole discretion of the Chief of Police consistent with applicable Civil Service Rules and Regulations, and without recourse to the grievance procedure. LEOFF II Employee: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF II". 13.2 PROMOTIONS AND V ACANCIES- All personnel reductions, filling of vacancies and promotions shall be handled in accord with existing Civil Service Rules and Regulations and shall not be subject to the grievance procedure. 13.3 INDEMNIFICATION OF EMPLOYEES -- The City shall provide legal defense and will pay all legitimate claims, settlements, judgments, and associated costs for employees and their marital communities named as parties or defendants in claims or lawsuits as a result of acts or omissions made in the good faith performance of the City's business. ARTICLE 14..........EDUCATIONAL INCENTIVE i~ctj\'C JanLta-F-V 1. 2007 l;:employees shall be eligible to receIve Educational Incentive pay according to the following: 14.1 Associate's degree or equivalent (90 quarter or 60 semester hours) Two percent (2%) Bachelor's/Masters Degree Four percent (4%) 14.2 Degrees and credit hours earned shall be documented through official transcripts from accredited colleges or universities. It shall be understood that for the 90 quarter or 60 semester hours to be accepted, they must be courses required in the pursuit of an Associates or Bachelors degree from an accredited college or university. ----------------------- -----------------~------- --------------------------------------------------- Proposed Collective Bargaining Agreement - Bremerton Police Management Association January I, 2009 through December 31, 20 U Page 12 of 18 Approved Contract for Ratification 14.3 Educational Incentive pay shall not be cumulative and it shall be the responsibility of the employee requesting educational incentive pay to provide the City with certified transcripts of his/her hours earned and/or degree(s) awarded. Educational Incentive shall be paid to the employee beginning the next pay period following receipt of the documentation, and shall not be retroactive. ! 4.4 In the S;\ en! that the Brcmcrton Police Officers (Judd (BPO(J) recei\ es _an_Lducj!lional Incentiye in an\' \,ear of their contrac1that exceeds the percentages listed in 14.1 anoye. then the Bremcrton Police Managemenl bargaininl', unit shall also receive the sanle additional amount. '1'A'd 12/16/08 ARTICLE 15 ............ MANAGEMENT RIGHTS 15.1 Any and all rights concerned with the management and operation of the Police Department are exclusively that of the City unless otherwise provided by the terms of this Agreement. The City has the right, among other actions, to adopt rules' for the operation of the Department and conduct of the employees, to discipline, suspend or discharge employees for cause, to assign work and determine duties of employees, to determine number of personnel to be assigned duty at any time, to determine and introduce new work methods or facilities to increase productivity for operation of the Department and to perform all of the functions not otherwise expressly limited. by this Agreement. Provided, nothing herein shall be construed as a waiver of collective bargaining rights conferred on the parties by RCW 41.56. ARTICLE 16 ............ GRIEVANCE PROCEDURE 16.1 DEFINITIONS 16.1.1 GRIEVANCE -- A grievance is an allegation of a violation of the terms and conditions of this agreement which is to be resolved through this Grievance Procedure. 16.1.2 CIVIL SERVICE APPEAL -- An appeal is an allegation ofa 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. 16.1.3 UNFAIR LABOR PRACTICE -An Unfair Labor Practice charge is an allegation of a violation of the Washington State statutes governing public employment labor relations which is to be resolved through the Public Employment Relations Commission's rules and regulations and is not resolvable through this Grievance Procedure. 16.2 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 the Police Chief within fourteen (14) calendar days of the date the action took place or within fourteen (14) Proposed Collective Bargaining Agreement - Bremerton Police Management Association January I, 2009 through December 3],20] I Page 13 of 18 Approved Contract for Ratification 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 Association representative during this discussion. 16.3 STEP 2 -- In the event that the Police Chief 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 sought. The employee shall have the right to be assisted by an authorized Association representative in reducing his or her grievance to writing. The employee shall present the written grievance to the Police Chief within fourteen (14) calendar days of the date the employee met with the Police Chief. The Police Chief will reduce his or her decision on the grievance to writing and shall transmit the decision to the employee with a copy to the Association representative within fourteen (14) calendar days of receiving the written grievance. 16.4 STEP 3 -- In the event that the Police Chief does not resolve the grievance to the satisfaction of the employee at Step 2 of this procedure, the Association shall, on behalf of the employee, transmit a copy of the original grievance along with a copy of the Police Chiefs written response to the Director of Human Resources and the Mayor within fourteen (14) calendar days of receipt of the Police Chiefs written response. The Director of Human Resources and the Mayor shall consider the grievance and may convene a meeting with the Association representative in an attempt to resolve the grievance. The Director of Human Resources shall reduce his or her decision to writing within fourteen (14) calendar days of receipt of the grievance and transmit the decision to the Association. 16.5 STEP 4 -- In the event that the Director of Human Resources and the Mayor do not resolve the grievance at Step 3 of this procedure, the Association may request arbitration of the issue by written notification to the Director of Human Resources. The Director of Human Resources and the Association shall meet within fourteen (14) calendar days of the date upon which the Director of Human Resources rendered his or her written decision on the grievance and shall select a neutral arbitrator by mutual agreement or through a mutually agreeable process. 16.6 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 nor in any way otherwise alter nor 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. 16.7 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 Proposed Collective Bargaining Agreement - Bremerton Police Management Association January 1,2009 through December 31,20 II Page 14 of 18 Approved Contract for Ratification presenting its own case before the arbitrator, including costs of witnesses and attorney fees. The party desiring a record of the proceedings shall bear the cost of obtaining such record. 16.8 TIME LIMITS -- Time limits established in this procedure shall be strictly adhered to but may be waived by mutual agreement of the Association and the City. All procedures contained herein shall be complied with as expeditiously as practicable. ARTICLE 17 .......... SMOKING POLICY 17.1 The provisions of Human Resources Policy 3-50-05, Smoking Policy, will apply to employees represented by Bremerton Police Management Association., with the following exceptions: H-:-+ . ] [ .: In P ]flY-e-€5 11l U Y ~; JTl (.:rke-ffi-a--b-i+y-v€..J--HC I c \ \11 e-R-4ey-at=€-trH-t---tfitt15i*H'tffig--a~.tre-f ~R(~ 17.1.12- Employees may smoke outside but must be at least twenty-five feet (25') from the entrance to a 11\ l~!lLc c .l).s:J211.!:t1llS'IJ1Ja cjJil}--=- \cRt' -W-t'--',-t-s-i--tk~-P-ai-f(-'J--l-q4li-€-e pursuant to State law. TA'd 12/16/08 Article 18 .......... POLICE OFFICERS' BILL OF RIGHTS The wide ranging powers and duties given to the Police Department and its members involve them in all manner of contacts and relationships with the public. Of these contacts come many questions concerning the actions of members of the force. These questions often require immediate investigation by superior officers designated by the Chief of the Bremerton Police Department. In an effort to insure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated: 18.1 Internal Investigation Defined - For the purposes of this Appendix, the term "internal investigation" means an investigation by or under the authority of the Chief of Police of activities, circumstances or events pertaining to the conduct or acts of a City law enforcement employee. Such investigation shall be deemed a "criminal investigation" where it is suspected that such conduct or acts are or may be the basis for filing a criminal charge against such employee, and shall be deemed a "major investigation" where it is suspected that such conduct or acts may also or alternatively be the basis for discharge, suspension or other discipline of such employee. 18.2 Employee Advised of Alleged Misconduct - Every employee who becomes the subject of an internal investigation shall be advised at the time of any interview in connection therewith that, as the case may be, (s)he is suspected of: 18.2.1 Committing a criminal offense. Proposed Collective Bargaining Agreement - Bremerton Police Management Association January 1, 2009 through December 31,20] I Page 15 of 18 Arill1"oved Contract for Ratification 18.2.2 Misconduct which would be grounds for termination, suspension, or other disciplinary action; or that (s)he may be qualified for continued employment with the Police Department. At the time of the interview such employee shall also be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. 18.3 Representation by Counsel - Any employee who becomes the subject of a criminal investigation may have legal counsel present during all interviews of such employee. Such representation by counsel shall be confined to counseling and shall not be authority for any participation by counsel in the investigation. 18.4 Employee to be Informed in Writing-Recorded Interviews - In the case of any major investigation and before any interview commences, the employee to be interviewed shall be informed in writing of the nature of the investigation including information necessary to reasonably appraise him/her of the allegations of any complaint and (s)he shall be afforded an opportunity and facilities to contact and consult privately with an attorney of his/her own choosing before being interviewed. Such employee may request that the interview be recorded, either mechanically or by a stenographer, and no questions shall be asked "off the record". Upon request, the employee under investigation shall be provided an exact copy of any written statement (s)he has signed and a verbatim transcript of any interview of such employee. 18.5 Interviewing Procedures - Interviews shall be held at a reasonable hour and preferably when the employee to be interviewed is on duty unless the exigencies of the interview indicate otherwise. Whenever pOSSIble, interviews shall be scheduled during the normal work day of the City. Interviewing shall be completed within a reasonable time and shall be accomplished under circumstances devoid of intimation or coercion. The employee being interviewed shall be entitled to such intermissions as (s)he shall request for personal necessities, meals, telephone calls, and rest periods. All interviewing shall be limited to the conduct or acts of the employee under investigation which form or may form the basis for disciplinary action, termination of employment or the filing of a criminal charge. 18.6 Intimidation of Employee Prohibited - No employee under investigation shall, as a guise for obtaining such employee's resignation, be falsely threatened with dismissal or other disciplinary action should (s)he refuse to resign, nor shall (s)he be subjected to abusive language or in any other manner intimated or offered promises or reward as an inducement to answer questions. ARTICLE 19.......... MANAGEMENT CERTIFICATIONS 19.1 An employee who currently holds or obtains management certifications through the Washington State Criminal Justice Training Commission will receive additional compensation for each certification as listed below: Proposed Collective Bargaining Agreement - Bremerton Police Management Association January 1, 2009 through December 31, 20 II Page 16 of 18 Apf)nncd Contract for Ratification Middle Management Certification One point seven-five percent (1.75%) Executive Certification Two and one/halfpercent (2.5%) Maximum additional compensation is capped at 4.25% Please note that the State is no longer issuing Executive Certifications. Therefore only those who currently hold an Executive Certification are eligible for the additional compensation. In the event the State, at some point in the future, reinstates the Executive Certification, then the certification compensation will again apply for those receiving Executive Certification. ARTICLE 20 ............LIFE INSURANCE/MEDICAL SAVINGS ACCOUNT 20.1 LIFE INSURANCE - Effective July 1, 2006, City shall provide life insurance coverage in an amount equal to fifty thousand ($50,000) with a mutually agreed upon carrier. In the event that the Bremerlon Police Officers Guild (BPOC) reCel\'eS Lire Insurance in any \'ear 01 their contracJ that exceeds $50.000 then the 13remerton P.Qlice Management bargaining unit shall also recci \e the same additional amount. 20.2 20.2 RETIREMENT MEDICAL SAVINGS ACCOUNTS: l~rrcc~i\l'---JaR-llur) 1. 20(}-g-: Ithe City shall contribute thirty dollars ($30.00) per month on behalf of each employee to a Medical ?;-aTing~; Acc{+t-tffi-Et [kalth_L\.etirement.Sc}vings Account ,mutually agreed upon between the City and the BPMA. ~Q,J_,_lilTccli\..Q FcbruarYl2.(J02 the CiJL~l}altY)f1.1ributc _Cl lump sum (21' eighlJlul1dr~<iJ\\cDl\:.: five Q~~llars (S;fS25.00) into each emp]~~_~sJJealth r~etircJllcntlSa~.:hJ2~i\CCOuI1LJJ}isjs ill flgditjO!1 tQJhe b30.QiLR~r month n~T sc~lh~12J).2 abo\c-,- 20.4 ---.- T:\ . d 12/16/0g ------- ARTICLE 21 ............ SEVERABILITY 21.1 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 Association and the City shall immediately meet and attempt to renegotiate any provision found invalid. ARTICLE 22............ ENTIRE AGREEMENT 22.1 The Association 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 collective bargaining. The results of the exercise of that right are set forth in this Proposed Collective Bargaining Agreement - Bremerton Police Management Association January I, 2009 through December 31. 20 II Page 17 of 18 A.pprovcd Contract for Ratification Agreement. Therefore, the City and the Association 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 23 ............ CONFLICTING PROVISIONS 23.1 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 24............ TERM This Agreement shall become effective January 1, 20026 contingent upon ratification by both parties, shall remain in effect through December 31, 20ll fHS, and may be extended thereafter by mutual agreement. The City or the Association may request reopening of this Agreement any time within six (6) months prior to the expiration date for the purpose of negotiating changes to be effective upon ratification of the agreement by both the City and the Association.llL.c:lJ2;16L{1~ 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 Association and all of the employees in the bargaining unit covered by this agreement. APPROVED by the Bremerton City Council on the _.~. day of __.__~___100~. Signed this dayof_____. .2009. CITY OF BREMERTON: BREMERTON POLICE MANAGEMENT ASSOCIATION: Carol S. Conley, Human Resources Manager Captain Tom Wolfe, President !-o-K'tRtH-aBt-Gn~avrl-i-RSc;-\Lttio-Pl'C~; i de n t ___CQ-ptain.Jl!me;:; Burchen Craig Rogers, Police Chief Honorable Cary Bozeman, Mayor ATTEST: APPROVED AS TO FORM: I f2atH-a-Jefmst-BfiJ,,:arol [~t~cn, City Clerk Roger A. Lubovich, City Attorney -----------~~----------------------------~---~- -----------~---------------------------------------- Proposed Collective Bargaining Agreement - Bremerton Police Management Association January 1,2009 through December 31, 20J I Page 18 of 18 POLICE MANAGEMENT LEOFF 11- Effective January 1st 2009 APPENDIX A 5.00% COLA STEP 1 STEP 2 STEP 3 STEP 5 STEP 4 BASE 6.7% Min Spread ANNUAL 91,394.16 93,450.48 95,553.12 97,703.04 99,901.44 MONTHLY 7,616.18 7,787.54 7,962.76 8,141.92 8,325.12 SEMI-MONTHLY 3,808.09 3,893.77 3,981.38 4070.96 4,162.56 HOURLY 43.77 44.76 45.76 44.75 47.85 1.25% COMMENCING 6 THROUGH 10 YEARS CONTINUOUS EMPLOYMENT ANNUAL 92,536.56 94,618.56 96,747.60 MONTHLY 7,711.38 7,884.88 8,062.30 SEMI-MONTHLY 3,855.69 3,942.44 4,031.15 HOURLY 44.32 45.32 46.34 2.25% COMMENCING 11 THROUGH 15 YEARS CONTINUOUS EMPLOYMENT ANNUAL 93,450.48 95,553.12 97,703.04 MONTHLY 7,787.54 7,962.76 8,141.92 SEMI-MONTHLY 3,893.77 3,981.38 4,070.96 HOURLY 44.76 45.76 46.79 3.5% COMMENCING 16 THROUGH 20 YEARS CONTINUOUS EMPLOYMENT ANNUAL 94,592.88 96,721.20 98,897.52 MONTHLY 7,882.74 8,060.10 8,241.46 SEMI-MONTHLY 3,941.37 4,030.05 4,120.73 HOURLY 45.30 46.32 47.36 7.75% COMMENCING 21 THROUGH 25 YEARS CONTINUOUS EMPLOYMENT ANNUAL 98,477.28 100,692.96 102,958.56 MONTHLY 8,206.44 8,391.08 8,579.88 SEMI-MONTHLY 4,103.22 4,195.54 4,289,94 HOURLY 47.16 48.22 49.31 9% COMMENCING 26 YEARS AND OVER CONTINUOUS EMPLOYMENT ANNUAL 99,619.68 101,861.04 MONTHLY 8,301.64 8,488.42 SEMI-MONTHLY 4,150.82 4,244.21 HOURLY 47.71 48.78 104,152.80 8,679.40 4,339.70 49.88 2.25% Steps Between Each Pay Step 98,924.40 8,243.70 4,121.85 47.38 99,901.44 8,325.12 4,162.56 47.85 101,122.56 8,426.88 4,213.44 48.43 105,275.04 8,772.92 4,386.46 50.42 106,496.40 8,874.70 4,437.35 51.00 101,150.16 8,429.18 4,214.59 48.44 102,149.28 8,512.44 4,256.22 48.92 103,398.00 8,616.50 4,308.25 49.52 107,643.84 8,970.32 4,485.16 51.55 108,892.56 9,074.38 4,537.19 52.15 iWr~ ~~~n1if~~v> :>, :".'",'<~" ~~.r'jf;.. "-~~i~.J';ls::~~J~~;;..-<i'lW~~-_ '-"'~_ STEP 1 STEP 3 STEP 4 STEP 5 BASE 4.2% Min Spread ANNUAL 104,097.36 106,439.52 108,834.48 111,283.20 113,787.12 MONTHLY 8,674.78 8,869.96 9,069.54 9,273.60 9,482.26 SEMI-MONTHLY 4,337.39 4,434.98 4,534.77 4,636.80 4,741.13 HOURLY 49.86 50.98 52.12 53.30 54.50 i:~I[~~t~~~ll%faiiw.ii~,{'~~1>J{il't~iiij}iI9lta".i1r~~i~\~~~1!~'~mf;~~i;w~~l~t~fu~ 1.25% COMMENCING 6 THROUGH 10 YEARS CONTINUOUS EMPLOYMENT ANNUAL 105,398.64 107,770.08 110,194.80 MONTHLY 8,783.22 8,980.84 9,182.90 SEMI-MONTHLY 4,391.61 4,490.42 4,591.45 HOURLY 50.48 51.61 52.78 2.25% COMMENCING 11 THROUGH 15 YEARS CONTINUOUS EMPLOYMENT ANNUAL 106,439.52 108,834.48 111,283.20 MONTHLY 8,869.96 9,069.54 9,273.60 SEMI-MONTHLY 4,434.98 4,534.77 4,636.80 HOURLY 50.98 52.12 53.30 3.5% COMMENCING 16 THROUGH 20 YEARS CONTINUOUS EMPLOYMENT ANNUAL 107,740.80 110,164.80 112,643.76 MONTHLY 8,978.40 9,180.40 9,386.98 SEMI-MONTHLY 4,489.20 4,590.20 4,693.49 HOURLY 51.60 52.76 53.95 7.75% COMMENCING 21 THROUGH 25 YEARS CONTINUOUS EMPLOYMENT ANNUAL 112,164.96 114,688.56 117,269.04 MONTHLY 9,347.08 9,557.38 9,772.42 SEMI-MONTHLY 4,673.54 4,778.69 4,886.21 HOURLY 53.72 54.93 56.16 9% COMMENCING 26 YEARS AND OVER CONTINUOUS EMPLOYMENT ANNUAL MONTHLY SEMI-MONTHLY HOURLY 118,629.60 9,885.80 4,942.90 56.81 113,466.24 9,455.52 4,727.76 54.34 116,019.12 9,668.26 4,834.13 55.56 2.25% Steps Between Each Pay Step 112,674.24 9,389.52 4,694.76 53.96 113,787.12 9,482.26 4,741.13 54.50 115,178.16 9,598.18 4,799.09 55.16 119,907.60 9,992.30 4,996.15 57.43 121,298.64 10,108.22 5,054.11 58.09 115,209.36 9,600.78 4,800.39 55.18 116,347.44 9,695.62 4,847.81 55.72 117,769.68 9,814.14 4,907.07 56.40 122,605.68 10,217.14 5,108.57 58.72 124,027.92 10,335.66 5,167.83 59.40 DATE SUBMITTED: January 22,2009 BILL # Oq-D2.3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL $f ........................................................................................ \ SUBJECT: Ordinance No. 5071./ amending BMC Section 2.50.040 relating to work schedules and leave benefits for managers and professional staff Committee Meeting Date: January 28,2009 COUNCIL MEETING Date: February 4, 2009 Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 SUMMARY: The proposed ordinance amends Section 2.50.040 to clarify language relating to full time and part time management and professional work schedules. ATTACHMENTS: Proposed Ordinance NlJ, 5074 FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: " ~ ~ f'~~/' ! CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to pass Ordinance No. 5074_ amending BMC Section 2.50.040 relating to work schedules and leave benefits for managers and professional staff. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action ORDINANCE NO. S01'f_ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 2.50 of the Bremerton Municipal Code entitled "Management and Professional Staff Compensation Program" by amending Subsection 2.50.040(a) relating to work schedules. WHEREAS, the City Council desires to amend provisions of subsection 2.50.040(a) of the Bremerton Municipal Code in order to clarify language relating to full time and part time management and professional staff work schedules; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Subsection 2.50.040(a) of the Bremerton Municipal Code entitled "Work Schedules and Leave Benefits" is hereby amended to read as follows: 2.50.040 WORK SCHEDULES AND LEAVE BENEFITS. (a) Work Schedules. Full time Managers managers and professional staff shall arrange such work schedules as are needed for the effective accomplishment of work and which shall be the equivalent of are at least forty (40) hours per week, including paid holiday, vacation and sick leave time. The work schedules of part time managers and professional staff shall be apportioned accordingly. Alternative work schedules to the 40 hour work week may be authorized by the department director and Human Resources Manager. Managers and professional staff may be called back to their work place at any time to respond to emergencies. Managers and professional staff covered by this Program are non-covered or exempt from the Fair Labor Standards Act's overtime provisions. SECTION 2. Severability. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of , 2009 CECIL McCONNELL, Council President I Work Schedules and Leave Benefits Approved this day of ,2009 CAR Y BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney ,2009 ,2009 PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of R:\Legal\Legal\Ordinances\Human Resources\Work Schedules and Leave Benefits.doc 2 Work Schedules and Leave Benefits DATE SUBMITTED: January 21,2009 BILL # oct - o~4 5k AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Ordinance No. 501S' amending BMC Chapters 2.06, 2.09, 2.90, and 2.92 relating to the Office of Risk Management and Safety Committee Meeting Date: January 28,2009 COUNCIL MEETING Date: February 4, 2009 Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The proposed ordinance amends the current provisions ofBMC Chapters 2.06, 2.09, 2.90, and 2.92 relating to the Office of Risk Management and Safety in order to transfer the supervision and administration of the office from the Financial Services Department to the City Attorney's Office, reclassify the position of Risk Manager to Risk Management Specialist and make other changes relating to the duties and responsibilities of the Office of Risk Management and Safety. ATTACHMENTS: Proposed Ordinance ND ISO I 5 FISCAL IMPACTS (Include Budgeted Amount): Reclassification of the Risk Manager position to a Risk Management Specialist will result in an annual Risk Management Fund savings of at least $24,748.56. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: '" COMMITTEE CHAIR COUNCIL PRESIDENT: ~Y~4 CONSENT AGENDA 00. GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to pass Ordinance No. 5075 amending BMC Chapters 2.06,2.09,2.90, and 2.92 relating to the Office of Risk Management and Safety. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action ORDINANCE NO. 50-' 5 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapters 2.06, 2.09, 2.90, and 2.92 of the Bremerton Municipal Code all relating to the Office of Risk Management and Safety and its administration and operation. WHEREAS, the City Council desires to transfer the Office of Risk Management and Safety from the Department of Financial Services to the City Attorney's Office and to amend certain code provisions relating to the administration and operation of said office; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.06.010 of the Bremerton Municipal Code entitled "Department Created" relating to the Office of the City Attorney is hereby amended to read as follows: 2.06.010 DEPARTMENT CREATED. There is hereby created the Office of the City Attorney which shall serve as the Legal Department for the city pursuant to the laws of the State of Washington and the Charter of the City of Bremerton for the purpose of representing the city in all legal matters involving the city. The office shall be managed by the City Attorney who shall serve as its director, and who shall be responsible for hiring and supervising employees of the office. The City Attorney shall oversee the civil and prosecution divisions of the office and the Office of Risk Management established pursuant to Chapter 2.92 BMC. SECTION 2. Section 2.06.030 of the Bremerton Municipal Code entitled "Duties" relating to the Office of the City Attorney is hereby amended to read as follows: 2.06.030 DUTIES. To accomplish the directives ofthe City Charter and requirements of state law, the function of the Office of the City Attorney shall include, but not be limited to: (a) Advise the Mayor, boards, commissions, department heads, Council and its committees, and other City officials and officers, including the rendering of formal legal opinions when so requested or when it appears to the attorney advisable to do so. (b) Attend all regular and special meetings of the Council, unless excused by the President of the Council. (c) Prepare, draft, approve as to form, or supervise the preparation of ordinances, resolutions, leases deeds, contracts and/or agreements, and such other and similar instruments as may be required by the business of the City. (d) Represent the City in criminal prosecutions in Municipal Court and appellate courts. 1 Risk Management (e) Represent the City in all litigation and administrative proceedings in which the City is involved either as a plaintiff or defendant, or recommend the appointment of special counsel therein. (f) Attend meetings of the Civil Service Commission, pension boards, and other commissions, boards, or committees required by law, or as directed by the Council, or requested by the chair of such board or commission. (g) Facilitate bond issues; provided, this shall not mean the rendering of an opinion on the validity of the bonds in any case where special bond counsel has been retained by the City or by any prospective bond buyer. (h) On request of the Mayor or Council participate in intergovernmental relations affecting the City. / (i) Keep litigation files and records, and copies of all other official written communications, and deliver same to successors of the Office of the City Attorney. G) Direct or participate in proceedings for the vacation of streets, condemnation of land, land acquisition, sale of surplus properties, and related legal transactions. (k) Prepare and administer the budget for the Office of the City Attorney. (1) Serve as advisor and/or participant in labor negotiations and approve labor contracts as to form. (m) Coordinate and assist in obtaining information and legal opinion from Municipal Research as requested by the Mayor, Council President, or Chair of the Audit Committee. (n) Prepare and/or approve ballot measures and levies. (0) Interpret substance, form, and applicability of the City Charter and ensure consistency of all ordinances, resolutions, and administrative rules therewith. (p) Manage the Office of Risk Management. SECTION 3. Section 2.09.010 of the Bremerton Municipal Code entitled "Department Created" relating to the Department of Financial Services is hereby amended to read as follows: 2.09.010 DEPARTMENT CREATED. There is hereby created the Department of Financial Services. (a) Divisions. The Department of Financial Services shall consist of the following divisions, as well as any other divisions established by the City Council: (1) Finance; (2) Office of the City Clerk; (3) Human Resources; and (4) Office of Risk Management and Safety; and (5) Bremerton Kitsap Access Television (BKAT). (b) Duties. The Director of Financial Services shall be in charge of the Department of Financial Services and all divisions established thereunder. The duties enumerated in each division as set forth in this chapter may be reassigned within the Department of Financial Services at the discretion of the Director of Financial Services for the purpose of achieving work efficiencies. The Director of Financial Services is also responsible for the management of the Conference Center operating fund. 2 Risk Management SECTION 4. Section 2.09.020 of the Bremerton Municipal Code entitled "Director of Financial Services and Division Managers - Positions Created and Appointment" relating to the Department of Financial Services is hereby amended to read as follows: 2.09.020 DIRECTOR OF FINANCIAL SERVICES AND DIVISION MANAGERS - POSITIONS CREATED AND APPOINTMENT. (a) Department Director - Appointment. There is hereby created the position of Director of Financial Services who shall be in charge of the Department of Financial Services and all divisions established thereunder. The Director of Financial Services shall have complete charge of all of the work of the Department and shall be responsible for hiring and supervising employees of the Department. The Director of Financial Services shall be appointed by the Mayor, subject to confirmation by the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the Department. All appointees to the position of Director of Financial Services are terminable at will by the Mayor as set forth in Chapter 2.05 BMC. (b) Division Managers - Appointment. There are hereby created the positions of Finance Officer, Human Resources Manager, City Clerk, Risk Manager, and Public Access Manager as managers for their respective divisions. The managers (hereinafter "managers" or "division managers ") shall manage the operations of their respective divisions and shall report directly to the Director of Financial Services. The division managers shall be appointed by and shall serve at the pleasure of the Director of Financial Services, subject to the approval of the Mayor, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the division. All appointees to the division manager positions shall serve as "at will" employees subject to termination by the Director of Financial Services without cause at any time with no notice or hearing unless otherwise provided pursuant to an applicable rule or regulation, the City Charter, ordinance, or terins and conditions as approved by the City Council. SECTION 5. Section 2.09.070 of the Bremerton Municipal Code entitled "Office of Risk Management and Safety" relating to the Department of Financial Services is hereby repealed in its entirety as follows: 2.09.070 OFFICE OF RISK 1\fAN}".CEl\fENT .LA~D SAFETY. The di~/ision shall be managed by the Risk Manager. It shall be the duty of the Risk Manager to carry out the pro~.'isions of Chapter 2.92 BMC. The Risk Manager shall perform such other duties as the Mayor and the Director of Financial Service may direct or as may be required by Imv. SECTION 6. Section 2.90.200 of the Bremerton Municipal Code entitled "Duties of City Officials, Board Members, Commissioners or Employees" is hereby amended to read as follows: 2.90.200 DUTIES OF CITY OFFICIALS, BOARD MEMBERS, COMMISSIONERS OR EMPLOYEES. All City officials, board members, commissioners or employees named as parties to a claim or defendants in such a lawsuit shall cooperate to the fullest extent with the City Attorney, 3 Risk Management Risk Manager Management Specialist and other authorized representatives. This shall include, but is not limited to, providing requested information, statements, testimony, exhibits and documents. Failure to fully cooperate shall result in City's withdrawal of defense and shall absolve City of all responsibility for payment of judgments and settlements. " SECTION 7. Chapter 2.92 of the Bremerton Municipal Code entitled "Office of Risk Management and Safety" is hereby amended to read as follows: Chapter 2.92 OFFICE OF RISK MANAGEMENT }...ND SAFETY 2.92.010 CREATED. (a) Office. There is created the Office of Risk Management and Saf-ety within the Depar-.ment of Financial ServicesCity Attorney's Office. The supervisor of said office shall be the Risk Manager,City Attorney. or designee. . (b) Position. The Office of Risk Management shall be administered by the Risk Management Specialist. or other assigns. subiect to the direction and supervision of the City Attorney. or designee. The Risk Management Specialist whe-shall report directly to the Director of FinancialServicesCity Attorney. or designee. The duties of the Risk Management Specialist may be assigned to one or more employees in the City Attorney's Office who shall hereinafter be referred to in this chapter as "Risk Management Specialist". (c) References in Code. All references in the Bremerton Municipal Code to the Risk Manager shall mean the Risk Management Specialist. 2.92.020 FUNCTIONS. ) The Office of Risk Management and Safety shall be responsible for: (a) Loss reduction or prevention where such reduction or prevention is cost effective; (b) Transfer of risks to other parties where feasible through the purchase of insurance, and/or risk retention through a system of self-insurance and/or participation in programs providing pooled coverage, in whatever combination is most responsible and cost effective; (c) Coordination and handling of all claims, including workers' compensation claims; (d) The maintenance Oversight and coordination with other City"departments. through the City's Safety and Health Committee. of an effective employee safety program within the City; and (e) Writing interdepartmental rules as he or she deems appropriate for the implementation and administration of this chapter. 2.92.030 RESPONSIBILITY - SAFETY, LOSS REDUCTION, PREVENTION. (a) The Risk ManagerRisk Management Specialist shall be responsible for risk identification, analysis and control and . Under the direction of the Risk Manager, the Safety Officer shall oversee and assist the City's Safety and Health Committee with its development and administer administration of the City's Safety Program and ensure compliaflce with the program by making periodic inspections of City facilities, work sites, and office spaces in regards to employee safety. The Risk Manager and the Safety Officer haye full authority to 4 Risk Management immediately stop any ongoing ','lork ',,,,hen prescribed safety precautions are not being adhered to, or if there are serious concerns for safety until the matter is satisfactorily resolved. _(b) The Safety Officer is not required to be assigned to the Department of Financial Services. He or she may be assigned to any other department ...lithin the City. The duties of Safety Officer may also be assigned to one or more persons, but '.vhen functioning in that capacity, the Safety Officer will serve under the direction of the Risk Manager. _(c) The Saf-ety Officer, through the Risk Manager, may make vmtten recommendations regarding employee safety to the appropriat-e Department Head. Shollid the Department Head disagree ''vith the Safety Officer, a written response shall be made to the Director of Financial Services stating the reasons for the disagreement. The Mayor shall make the final decision regarding implementation of any disputed recommendation. (~ The Safety OfficcrRisk Management Specialist will oversee and assist the City's Safety and Health Committee to ensuring properprovide'safety training is provided to all City employees and f-or ensuringensure that required certifications for employees are kept current. He or she shall also become actively involved in the ongoing training programs provided by Human Resources and other departments and ensure that a portion of that training is on Safety Awareness and Loss Prevention. (eg) The Risk Manager and Safety OfficerManagement Specialist areis a permanent members of the City's Safety and Health Committee and shall monitor oversee and work with the Committee to ensure compliance with all applicable WISHA directives, provide input, and offer advice and assistance in helping the Committee to achieve its stated goals. The Safety OfficerRisk Management Specialist shall maintain the file of minutes of each Committee meeting. (~ The City Attorney shall advise and recommend to all City Departments appropriate contractual clauses providing for indemnity, hold harmless and insurance provisions. The Risk Manager Management Specialist shall review all proposed City contracts, permits and leases to ensure that all contractual provisions relating to insurance, indemnity and hold harmless provisions adequately protect the City. 2.92.040 INSURANCE/SELF -INSURANCE/POOLED COVERAGE PROGRAMS. The Risk Manager Management Specialist is responsible for the design, negotiation, procurement and administration of all insured, self-insured and/or pooled property, casualty and liability coverage programs: ; _(a) The Risk Manager shall determine and recommend the appropriate retention levels and amount of reserves to be established; (b) The Risk Manager Management Specialist shallmay, with the approval of the City Attorney, negotiate with insurance brokers for any type of insurance and may recommend that the City engage the services of such brokers; (c) The Risk Manager Management Specialist shall purchase, with the approval of the Director of Finaflcial ServieesCity Attorney and City Council, all insurance policies, funded self-insurance programs, pooled coverage and related services, and shall administer the same. The Risk Manager Management Specialist, with the approval of the City Attorney, is authorized to bind property, casualty, and surety insurance coverage without prior approval by City Council subject to budget authority. Within sixty (60) days of binding coverage, the Risk Manager 5 Risk Management Management Specialist shall advise City Council that coverage was bound and seek City Council approval for continuation of the bound coverage; (d) The Risk Manager Management Specialist shall make an annual report to the City Council regarding insurance coverage and the level of retained risk, and such other reports as may be required by the Council. 2.92.050 CLAIMS MANAGEMENT - SELF-INSURED WORKERS' COMPENSATION CLAIMS. The Risk ManagerManagement Specialist, or designee, shall be responsible for the direction and monitoring of all workers' compensation claims to a fair and equitable conclusion. (a) Every employee shall immediately complete the appropriate report form when work-related injury or illness occurs and promptly forward ~ame to the designated supervisor, who is responsible for immediately forwarding to the Risk Manager Management Specialist with any pertinent comments. The Risk Manager Management Specialist shall complete the employer section. (b) The Risk Manager Management Specialist shall-may coordinate activity on the claim with the claim's administrator, who sflall be a certified workers' compensation claims administrator as required by law, including time loss, medical verification, and instruction involving progress of the claim. (c) The Risk Manager Management Specialist shall coordinate with the City Attorney and the Human Resources Director for retaining such outside expertise as necessary for the resolution of claims. These may include, but are not limited to, doctors, rehabilitation specialists, and investigators. The City Attorney's Office may elect to represent the City in all hearings and/or trials involving workers' compensation claims, or shall-appoint outside counsel--wheB: appropriate. (d) The Human Resources DirectorManager shall develop appropriate return-to-work opportunities for injured employees and, when feasible, will coordinate the implementation of specific return-to-work plans with the department heads involved. 2.92.055 CLAIMS M.A...NLA,.CEMENT COMMITTEE. To assist the Mayor, a Claims Management Committee comprised of the Mayor or designee, City }..ttorney, Risk Manager, appropriate department OOOO(s), and the City's contracted claims adjuster may convene as needed as determined by the City Attorney. This committee '.'{ill revie'.v large, litigated, or contro'lersialliability and workers' compensation claims against the City. The eommittee's reviev.T shall include: (a) The possibilities for early settlement. (b) Identification of def-ense [Ifld settlement strategies. ( c) Identification of def-cnse counsel. (d) Estimation of reserve level necessary for claims resolution. ( e) Discussion and clarification of loss control responsibilities and policies. 2.92.060 CLAIMS MANAGEMENT - NON:LITIGATION CLAIMS. The Risk Manager Management Specialist or designee shall be responsible for the successful conclusioninvestigation and evaluation of all non:litigation claims by or against the City. 6 Risk Management (a) The City Clerk is hereby designated to receive all claims. He/she shall forward to the Risk Manager Management Specialist all non:litigation claims naming the City and/or its officers or employees, which claims allege that said officers or employees, acting within the scope of their duties, caused the claimant damages. (b) All City departments, divisions and other City agencies shall report immediately to the Risk Manager Management Specialist the occurrence of any accident or incident which may give rise to a claim by or against the City to ensure prompt investigation of the incident. (c) The Risk Manager Management Specialist shall initiate and/or coordinate the investigation of all non:litigation claims. The Risk Manager Management Specialist may employ, subject to the Director of Financial Services' City Attorney's approval, the services of claims specialists. All investigation of non:litigation claims and potential claims shall be conducted as the agent of the City Attorney, and protected by the attorney-client privilege and attorney work product rule. to the extent allowed by law. (d) The City Attorney shall have the authority to negotiate and approve the settlement of any non-litigation claim; provided. however. the settlement of any such claim in excess of twenty-five thousand dollars ($25.000) shall require the approval of the Mayor and the settlement of any litigation claim in excess of fifty thousand dollars ($50.000) shall be subiect to the approval of the City Council. The Risk Manager shall ha~.'e the authority to deny or negotiate the settlement of any claim to an amount not to exceed fourteen thousand nine hundred ninety nine dollars ($11,999) subject to the approval of the Director of Financial Services. (e) For all nonlitigation claims of fifteen thousand dollars ($15,000) or more, the Risk Manager shall provide the Director of Financial Services '.vith a recommendation that the nonlitigation claim be accepted or denied and the reasons therefor. Upon request of the Director of Financial Services, the Risk 14anager shall coordinate additional investigation of the claim. The Mayor shall ha~.'e the authority to accept or deny the claim; provided, ho'.vever, that claim payments in excess of forty nine thousand nine hundred ninety nine dollars ($19,999) shall be subject to approyal by the City COUflcil. (~) The Risk Manager Management Specialist shall maintain complete histories of all nonlitigation claims reported to the Office of Risk Management and Safety, and investigation thereof sufficient to document at least a five (5)seven (7) year claims history or such other period of time deemed necessary for purposes of reporting claims history to insurance companies. 2.92.070 CLAIMS MANAGEMENT - LITIGATION CLAIMS. (a) Service of process on the Mayor, Mayor's designee or City Clerk shall constitute service on the City. No other City official or employee may accept service of a summons and/or complaint unless such official or employee is specifically named in the lawsuit. (b) The Mayor, Mayor's designee or City Clerk or defendant employee, upon accepting service of the summons and/or complaint, shall deliver copies to the Risk Manager and City Attorney. (c) The Risk Manager Management Specialist shall transmit copies of the lawsuit to the affected department and/or individual and, where appropriate, to the insurance company, pool or representative. The Risk Manager shall ooyise the City Attorney of the insured status of the lay/suit. (d) The Risk Manager Management Specialist shall initiate and/or coordinate the investigation of all lawsuits which may be insured against involving the City and/or its officials/employees. The Risk Manager Management Specialist may employ, subject to City 7 Risk Management Attorney's approval, the services of claims specialists. All investigation of lawsuits shall be conducted as the agent of the City Attorney, and protected by the attorney-client privilege and attorney work product rule. to the extent allowed by law. (e) The City Attorney shall have the authority to negotiate and approve the settlement of any litigation claim~ provided. however. the settlement of any such claim in excess of twenty- five thousand dollars ($25.000) shall require the approval ofthe Mayor and the settlement of any litigation claim in excess of fifty thousand dollars ($50.000) shall be subiect to the approval of the City Council. .Upon completion of the investigation, or at any time requested by the City f..ttorney, the Risk Manager shall forward the inyestigative file to the City f..ttorney. Upon request of the City L^..ttomey, the Risk Manager shall coordinate additional inyestigation of the la\vsuit. (f) The City Attorney shall haye the authority to authorize settlements up to fourteen thousand nine hundred ninety nine dollars ($11,999). (g) For all litigated claims of fifteen thousand dollars ($15,000) or more, the City i\ttorney shall provide the Mayor '.'lith a recommendation that the litigated claim by accepted or denied and the reasons therefor. The Mayor shall haye the authori.ty to accept or deny the claim; proyided, however, that settlement payments in excess of forty nine thousand nine hundred ninety nine dollars ($19,999) shall be subject to approyal by the City Council. (fit) The City Attorney shall maintain complete histories of all lawsuits sufficient to document at least a fP..<e-seven (~1) year claims history of same or such other period of time deemed necessary for purposes of reporting claims history to insurance companies. 2.92.0+S080 CLAIMS NEGOTIATION, DISCUSSION, AND REPORTING. (a) Except as specifically directed by the Risk Manager, Mayor or City Attorney, no City department, division, or other City agency, and no City official or employee. other than the City Attorney or Risk Management Specialist, acting individually or collectively, may engage in the following acts: (1) Negotiate or otherwise effect the settlement of a claim or lawsuit involving the City; (2) Discuss with persons other than the Risk ManagerManagement Specialist, Director of Financial Services, Mayor, City Attorney, or persons authorized by the Risk Mana-gerManagement Specialist, Mayor or City Attorney, incidents which could reasonably lead to a claim or lawsuit against the City; provided, however, that the employee may discuss the incident with his/her supervisor. (b) Prior to any formal settlement offer, the Risk Manager Management Specialist shall be advised, in writing, of all proposed settlements of claims and lawsuits against the City. The Risk Manager Management Specialist shall seek approval of its insurers, in conformance with the provisions of any insurance policies applicable to the claim or lawsuit. In the event the insurer does not provide necessary settlement approval, no settlement shall be made without the Mayor's written approval and acknowledgment that the City's insurers have withheld approval. (c) The Risk Manager Management Specialist shall annually report to the council the total number and amount of all claims filed against the City and the number and amounts of all claims or lawsuits paid by the City during the preceding calendar year. 8 Risk Management 2.92.980090 RECOVERY OF LOSSES. (a) Action for Recovery. The Risk Manager and City Attorney shall be responsible for bringing all actions, including claims and lawsuits, f~r recovery of losses to the City arising out of the acts of others. Such losses may include property damage or losses which impact on the City as a result of personal injuries to City officers or employees. In addition, the City Attorney may join the City as a party with any third party in a lawsuit involving recovery ofloss to the City. (b) Allocation of Recoveries. Any moneys recovered (excluding costs of recovery) by the Risk Manager or City Attorney on account of losses to the City shall be paid to the budget unit or department which has expended funds and/or materials as a result of the loss. Any moneys in excess of those so expended shall be transferred to the risk management fund. SECTION 8. Severability. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 9. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of , 2009 CECIL McCONNELL, Council President Approved this day of ,2009 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2009 ,2009 R:\Legal\Legal\Ordinances\Risk\Section 2.92 Risk Management2009.doc 9 Risk Management DATE SUBMITTED: January 15, 2009 BILL # o q - 0;;"'5' loA AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Automatic License Plate Recognition Program Grant Committee Meeting Date: January 28, 2009 COUNCIL MEETING Date: February 4, 2009 Department: Police Presenter: Lt. Pete Fisher Phone: 473-5236 SUMMARY: The Bremerton Police Department applied to the Washington Auto Theft Authority and was awarded $30,000.00 for the purchase of one auto license plate reader (ALPR) for the Auto License Plate Recognition Program. No matching funds are required of the City. The total grant amount is $30,000.00. The grant expires June 30, 2099. ATTACHMENTS: The ALPR Camera System Proposal FISCAL IMP ACTS (Include Budgeted Amount): None. The ALPR funding is a revenue source for $30,000.00. It will provide dollars for training, equipment and installation. The revenue and expenditures are in the 2009 budget. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA D GENERAL BUSINESS ~ PUBLIC HEARING D RECOMMENDED MOTION: Move to authorize the Mayor to finalize and execute the Day Wireless Systems purchase agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action QayWirt:lessSysfelJJs ' 24,15Sput" :z,o.O,h:Street Sea Tacr wA 981_98 A D A Y'~_"u~, ~.' ' ",;' '_, ", )J.t.~RCarnetaS~sternPtQPosal Prepared For: I Bremerton PO . ,c I . ,Co~tact: I Tim Sholtis . 'I : Addrlilss.: 11025 Burwell Street . 'city/~~te/iip: Bremerton, Washington 98337 Phone: 360-473-5277 WIReLess SYSTf:MS , " ,;,~' , .. 'i------------l ,Date: I 1/20/2009 ACC,~..#l I, : ,PO#I " , - .L_..___,________I c ~. \_ , ' " ^~, 'p;-;;-~~Qty "-r---~--c-u----..-'-'-'--~-De;c;i~tion ~-~-~..~~=-'-----~-------'-----u~it C~t~- ~=&t;;;d~d--I I. P362 camera(s) with 950mn illumination, SupeRex Processor, Camera Cable & Connectors, -ll , GPS Module, PAGIS Mobile Software and security dongle, ALPRlOCR Engine, ClienUServer ' I : architecture, Camera Bracket Mount Assembly .. '" I 1 1 Three Camera System w/950nm $20,425,00 $20,425,00 i *Mobile Laptop not included: Quoted upon request 2 Back Office Software: Server/PC hardware not included $3,325.00 $3,325.00 I $3,325.00 $3,325.00 3 Install and training, mobile pkg and BOSS commissioning I Equipment & Labor Total $ 1 I ~ I I I I I i 27,075.00 I 110.00 I I Subtotal $ 27,185.00 I -----;J I ~.:J% Sales Tax $ 2,446,651 I =:l ' Grand Total $ 29,631.65 f' ' . \. " " " '\' -----------,----~\"""\"~.._-,.-.--- Shipping 1 Handling $ Extended Year Warranty: Covering a total of two years (optional) * This additional year is purchased for 12% of overall system cost (hardware & software) ~- l I I '" ' 'l'!i)te: " 7 '~'A'~;'~;"':", '\"-">',";,,'~ ,_, _.'c''', , :;'\',_:._": . .:,-;_::",,_~:," ,', __'-'-;~c l .', , Th~ .qu,o!~,~'a,bor rat~ isO~iy~fbr~""orkp~rforrii~d during/~gularbusinesshours ,', fVIo~day,"Fhdayu ~8:00'AM' to' 5:00PM c Oyertime'rates'are t1igher , " ) , -" \, ~ I I~ 1_ : y ," '\'-\'/' , H ",,~~~~~~~ " " ',- ',' ',' '''",' , , -, -':' , . " >- > ',' .. [' ',' "', .','( ~;:J,",\i::\{;scbjje,~~wo~ic,'" "0\ I I I I J I .----.-----, ~"J I .,I--~,~--,..__--.-...--~-~,;----.-,-~~-~--..___.~..-,T----0-n-.-,--~-'--c,~.._~----,~'----m-_-_'::-,;;'C;--'-""", '~,"',;"~~-- - ", ~. "'o' - - _------'-~..:....~...:...:...:.~___.::::.:....~~__'_____'___~_~'---- ,'\\~- I_~ __ ____ _________u___ ________ _ _ ____,___ >n~~~~~ Vali~f~:~O ~ay~_<________,,___ <' A' ::'~: " :'o',\, ,: > SaleS'R~~: ' Kenny Adamson "\ . O.ftfce: 206-878-3750 , ,\"caltCerit~rRe~: Office: , ,i=ax:, 206-979-1926 kadamson@daywireless.com <Fax: , .Email: ,.-:.( :"', Eniail: Exceptions Quotation is based on the performance of labor during regular working hours of 8:00 am through 5:00 pm Monday through Friday. Customer requests for work to be performed outside of these parameters may be accommodated and billed at established over time shop rates unless addressed in this or other valid quotation and or statement of work. All prices quoted herein are firm for 30 days and are based on customer information supplied as of this date. If a customers specifications or other circumstances change, please contact us for a revised quotation. This quotation supersedes all previous quotations for the same scope of work. In order for a customer to be billed on account after completion of work, customers must have pre-arranged and established a line of credit with Day Wireless Systems, Inc. If a customer does not have such a line of credit, a down payment of the quoted price may be required prior to performing any work or services. Taxes: All pricing herein is exclusive of Washington State Sales Tax. Any tax or other governmental charges now, or hereafter levied upon, or measured by the transaction between Day Wireless System~ Inc, and the agency accepting this quotation shall be paid by such person, corporation, or agency accepting this quotation, in addition to any prices quoted or invoiced by Day Wireless Systems, Inc. Payment Terms: Net 30 Days from the date Day Wireless Systems receives equipment. Customers are welcome to inspect equipment to ensure Day Wireless Systems has received equipment and it is in good working condition. All labor charges are net 30 days after completion of specified work. There will be a 20% re-stocking fee for all returned or canceled orders. Authorized Bv: Date: Thank You for the Opportunity to Quote Quality Leading Edge Products from Day Wireless Systems DATE SUBMITTED: January 7,2009 BILL # o q - 0 .2..(p AGENDA BILL CITY OF BREMERTON CITY COUNCIL 7A ........................................................................................ SUBJECT: Ordinance No. 5070 creating a new chapter in the Bremerton Municipal Code entitled Transportation Benefit District and creating the Bremerton Transportation Benefit District Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: January 14,2009 JM1tl8lj' 21, 2009~V-tA.&(.....l.( + Public Works &. I Utilities Phil Williams 473-5315 SUMMARY: RCW 36.73 provides for the establishment of transportation benefit districts and for the levying of additional revenue sources for transportation improvements within the District. The proposed ordinance establishes a citywide transportation benefit district in order to provide for transportation improvements that improve modal connectivity and that specifically focus on protecting the City's long term investments in its infrastructure, reducing the risk of transportation facility failure, improving safety, continuing optimal performance of the infrastructure over time, and avoiding more expensive infrastructure replacements in the future. ATTACHMENTS: Proposed Ordinance No I 50 7fo . FISCAL IMP ACTS (Include Budgeted Amount): None. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA D GENERAL BUSINESS 0 PUBLIC HEARING RECOMMENDED MOTION: Move to pass Ordinance No. 5 D 7 (p creating a new chapter in the Bremerton Municipal Code entitled Transportation Benefit District and creating the Bremerton Transportation Benefit District. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue D No Action ORDINANCE NO. 501(P AN ORDINANCE of the City Council of the City of Bremerton, Washington, establishing a Transportation Benefit District within the corporate limits of the City of Bremerton, specifying the maintenance and preservation of existing transportation- improvements, providing for additional transportation improvements and amending the Bremerton Municipal Code to enact a new chapter 11.25 entitled "Bremerton Transportation Benefit District". WHEREAS, the City of Bremerton has the responsibility under the Constitution of the State of Washington for the improvement, maintenance, and protection of public ways within the corporate limits of the City pursuant to Chapter 35.22 RCW; and WHEREAS, the improvement, maintenance, and protection and operation of public ways requires providing necessary transportation improvements and preserving existing transportation improvements to avoid catastrophic failure ofthe improvements which would require significant additional funds to reconstruct, as well as their gradual deterioration; and WHEREAS, the number one priority in the "Washington Transportation Plan for 2007-2026" adopted by the Washington Transportation Commission ("State Transportation Plan") is to preserve and extend prior investments in existing transportation facilities and the services they provide to people and commerce; and WHEREAS, the State Transportation Plan identifies that there is no more fundamental transportation investment than existing system preservation - keeping the physical infrastructure in safe and efficient operating condition; and WHEREAS, the investment principles from the Puget Sound Regional Council "Destination 2030 Metropolitan Transportation Plan for the Central Puget Sound Region" states that the first priority should be to maintain, preserve, make safe and optimize existing transportation infrastructure and services; and WHEREAS, the City has limited transportation funding to pay for necessary transportation preservation and maintenance; and WHEREAS, the funding dedicated for the preservation and maintenance of the City's transportation infrastructure has been dramatically reduced in recent years due to the action of several statewide initiatives, however, the ongoing annual costs to preserve and maintain the City's transportation infrastructure continue to rise making it difficult for the City to sufficiently address these issues; and WHEREAS, the City desires to improve its modal connectivity to facilitate better overall transportation within the City of Bremerton; and 1 Transportation Benefit District WHEREAS, Chapter 36.73 RCW provides for the establishment of transportation benefit districts and for the levying of additional revenue sources for transportation improvements within the District that are consistent with existing state, regional and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels; and WHEREAS, RCW 35.21.225 authorizes the City Council to establish a Transportation Benefit District subject to the provisions of Chapter 36.73 RCW; and WHEREAS, the City desires to form a Transportation Benefit District which includes the entire City ofBremerton as the boundaries currently exist or are hereafter expanded due to annexation; and WHEREAS, prior to establishing a Transportation Benefit District, the City Council is required to conduct a public hearing upon proper notice to describe the functions and purposes ofthe proposed Transportation Benefit District; and WHEREAS, the City provided proper notice, conducted a public hearing on February 9,2009 and took public comment regarding the proposed establishment of a Transportation Benefit District in accordance with RCW 36.73.050; and WHEREAS, the City Council of the City of Bremerton finds it to be in the best interests of the City to establish a citywide Transportation Benefit District for transportation improvements that improve modal connectivity and for the preservation and maintenance of the City's transportation infrastructure consistent with Chapter 36.73 RCW, to protect the City's long term investments in that infrastructure, to reduce the risk of transportation facility failure, to improve safety, to continue optimal performance of the infrastructure over time, to avoid more expensive infrastructure replacements in the future; and to implement the City's Transportation Improvement Plan, and WHEREAS, the City Council of the City of Bremerton shall establish a governing body for the Transportation Benefit District comprised of the City Council acting in an ex officio and independent capacity; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Purpose. The purpose of this Ordinance is to establish a Transportation Benefit District pursuant to RCW 35.21.255 and 36.73 RCW. SECTION 2. Findings. The City Council finds it is in the public interest to provide adequate levels of funding to make transportation improvements that are consistent with existing state, regional, and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels as provided in Chapter 36.73 RCW. Council further finds that it is in the public interest to provide for transportation improvements that improve modal connectivity and that specifically focus on protecting the City's long term investments in its infrastructure, 2 Transportation Benefit District reducing the risk of transportation facility failure, improving safety, continuing optimal performance of the infrastructure over time, and avoiding more expensive infrastructure replacements in the future. SECTION 3. A new chapter, Chapter 11.25 of the Bremerton Municipal Code entitled Transportation Benefit District, is hereby created to read as follows: Chapter 11.25 Transportation Benefit District 11.25.010 Transportation Benefit District Established. There is created a transportation benefit district to be known as the Bremerton Transportation Benefit District or "District" with geographical boundaries comprised of the corporate limits of the City as they currently exist or as they may exist following future annexations. 11.25.020 Governin2: Board. (a) The governing board of the Transportation Benefit District shall be the Bremerton City Council acting in an ex officio and independent capacity, which shall have the authority to exercise the statutory powers sefforth in Chapter 36.73 RCW. (b) The treasurer of the Transportation Benefit District shall be the City Financial Services Director. (c) The Board shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1). (d) The Board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). 11.25.030 Authority of the District. The Board shall have and may exercise any powers provided by law to fulfill the purpose of the District. 11.25.040 Use of Funds. The funds generated by the Transportation Benefit District may be used for any purpose allowed by law including to operate the District and to make transportation improvements that are consistent with existing state, regional, and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels pursuant to Chapter 36.73 RCW. The transportation improvements funded by the district shall be made in an effort to protect the City's long term investments in its infrastructure, to reduce the risk of transportation facility failure, to improve safety, to continue optimal performance of the infrastructure over time, to avoid more expensive infrastructure replacements in the future and to improve modal connectivity within the City of Bremerton. Additional transportation improvement projects of the district may be funded only after compliance with the provisions of RCW 36.73.050(b). 11.25.050 Dissolution of District. The Transportation Benefit District shall be automatically dissolved when all indebtedness of the district has been retired and when all of the District's anticipated responsibilities have been satisfied. However, in no event shall the 3 Transportation Benefit District Bremerton Transportation Benefit District continue to exist past six (6) years from the date the Bremerton Transportation Benefit District is created. 11.25.060 Liberal Construction. As authorized pursuant to Chapter 36.73 RCW, this chapter shall be liberally construed to permit the accomplishment of its purposes. SECTION 4. Severabilitv. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion ofthis ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of , 2009 CECIL McCONNELL, Council President Approved this day of , 2009 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of , 2009 , 2009 R: \Lega1\Lega1\Ordinances\City Council\ Transportation Benefit District.doc 4 Transportation Benefit District TBD Revenue Options . Councilmanic - voter approval not required - Up to $20 annual Vehicle License Fee - TBD must be jurisdiction-wide . Voter approved - Up to 0.2% sales and use tax (1 O-year limit) - Property Tax, an excess levy for capital purposes or a 1 year excess levy - Up to $100 annual Vehicle License Fee - Vehicle Tolls TBD can be less than jurisdiction wide \ i ----~ IBII I ' ______ ___ ___ ___ .I I CITY Of BREMERTON I I I i I t What is the Current Proposal Before Il. the City Council? . The City's Need: A stable, predictable, funding source for street preservation . Form a TBD to include the entire City . Impose a Local User Fee for Streets of $20/year (approx. $1.67/Mo.) . Include a three-year "Sunset Provision" that would require separate Council action for renewal . Raise approx. $600klyr. that would ALL go for street and sidewalk construction/preservation within Bremerton City limits . Split proceeds approx. 750J'o streets and 25% sidewalks What is a Transportation Benefit District (TBD)? I IB L _ _____ ___J CITY Of BREMERTON . Quasi-municipal corporation & independent district created for the sole purpose of funding transportation improvements within the district. . Created by ordinance of legislative authority (county or city) and may include other counties, cities, port districts, or transit districts through Inter-local Agreements. . Creating ordinance must include finding of public's interest, boundaries of TBD, and a description of improvements to be pursued by TBD . Eligible Projects must be: Necessitated by existing or reasonably foreseeable congestion levels Projects or program included in any existing state or regional transportation plan . For multi-jurisdiction TBD, the governing body has at least 5 members with at least 1 elected from each participating jurisdiction. Can include maintenance, operations & preservation of programs and projects supported by existing state or regional plans -this includes roads, transportation demand management, etc.. . Can also be less than an entire jurisdiction (city or county) 2008 Property Tax Assessments For City of Bremerton Residents City General Fund = 19.8% Where Street Funds Can Come From III City General Fund . Municipal Bonds o Emergency Medical Services D State of Washington . Kitsap County ~ Port of Bremerton . School District D PUD . Regional Library ! -- - "l 'Bi I ! i ~ I i___ _________.1 CITY OF BREMERTON Effect of 1-695 on License Fees for a $25,000 Car License Year $ Fee Tax Base MVET Total 1 Aj'.75 $ 25,000 $ 550.00 $ 577.75 2 2$3.75 $ 23,750 $ 522.50 $ 546.25 3 2$3.75 $ 22,250 $ 489.50 $ _513.25 4 2$3.75 $ 20,275 $ 446.05 $ 469.80 5 2$3.75 $ 18,300 $ 402.60 $ 426.35 6 2$3.75. $ 16,325 $ 359.15 $ 382.90 7 2$3.75 $ 14,350 $ 315.70 $ 339.45 8 2$3.75 $ 12,375 $ 272.25 $ 296.00 9 2$3.75 ! 10,400 $ 228.80 $ 252.55 10 2$3.75 f$425 $ 185.35 $ 209.10 11 2$3.75 E$450 $141.90 $ 165.65 12 2$3.75 ~475 $ 98.45 $ 122.20 13 23.75 2,500 $ 55.00 $ 78.75 $ Total Cost without 695 4,380.00 Total Cost Today $ 568.75 '-- Savings $3,811 Total Statewide Revenue Reduction Approx. $1.1 Billion per year (2009 $) with 750/0 destined for Transportation Purposes All MVET for City Street Bremerton lost the equivalent of $1 ,257,OOO/yr in $ 2009 Purposes was Eliminated Total 2009 Budget is $2,848,000 Gas Tax Facts~ ,--- - ....--_.. .. I I B ! I I I I I ! - ---- - - -- - -- I C IT Y OF BREMERTON . Total tax on both gas and diesel in Washington State is 54.4~ /gal (State portion 37.5~, FederaI18.4~) . Washington State Cities get only 2.96 ~ or only 5.4%) of the total fuel taxes collected in our state and 7.9% of State fuel Taxes. Over 600/0 of our citizens live in Cities . Gas taxes are a fixed amount, independent of the overall cost of fuel. State tax is 37 .5~ whether gas is selling for $1.75 or $4.50 per gallon. As gas prices climb and demand lessens gas tax revenue actually declines. Most people assume the opposite . The city received $583,000 in gas tax revenue in 2008 which covers only 20% of our street budget Stllte Busilless Tax Climate Index, Fiscallellr 2009 . 10 worst business tax climates D 10 best business tax climates MT #6 ND 130 . 1)0 ~.~= ':',Il>~ HI '.. .c. #24 ; ,{) The Tax Foundation 2001 L Street, N,W. Suite 1050 Washington, D.C. 20036 202.464.6200 RI #46 DE #10 I I : Bremerton Basic Street Funding 1993 - 2003 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $- 1993 2003 o General Fund & Other Local Funding o CDBG (Federal) iii State Gas Tax Distribution I!I Motor Vehicle Excise Tax B ------ --. -- - --.- CITY OF BREMERTON Total Value of State Contribution to Bremerton's Basic Street Funding has been Reduced bv 76GA>> Maintenance Treatment Cost Comparison - Bremerton avement ondition xcellent 89-100) Routine - $1.50 per sq. yd. 2004 Average Arterial Rating = 71 PCR Preventive- $7.50 per sq. yd. ------ Rehab - $24.00 per sq. yd. -------- Bremerton Average Arterial Rating = 57 PCR (2004) 62 PCR (2001) 5 7 12 20 Years Based on 2001/2004 Bremerton Pavement Management study Arterial Pavement Conditions of Selected Cities 31.86 102.17 91 Walla Walla 46.37 105.45 77 Kennewick 50.32 148.26 90 Yakima 60.53 205.56 77 ( Mount 19.40 47.81 89 Spokane 105.33 386.82 75 Mp~e 91.99 296.38 87 Bellingham 72.32 184.60 74 M@lIe~ue 70.52 243.29 86 Auburn 49.81 150.04 72 62.55 230.73 84 Vancouver 81.15 239.55 70 Federal Way 31.67 108.58 83 Seattle 341.13 992.63 69 Kent 25.53 100.82 83 Olympia 66.54 210.50 68 SeaTac 18.30 48.15 83 Friday 5.39 10.78 67 Sammamish 18.43 38.85 82 tlfcQ9r 42.97 133.29 67 Tumwater 16.76 33.52 80 Kirkland 29.97 77.02 64 Pasco 38.95 118.25 78 Ellensburg 18.34 40.56 58 27.05 87.08 78 Bremerton 133.80 298.90 57 41.88 150.47 77 Tacoma 133.56 465.03 56 7~ ~9' ~ ~ \9& ~ 7~ ~e 7~ ~/ ~ ~c9 7~ ~$) ~a Vo ~a V7 ~a ~ ~a VJ> ~a V9' ~a V6' ~a Ve ~a V/ ~a Vc9 ~a V$) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ O~~~~~w~~~~~m~~~~~ID~O s: -- - CD en \J Q) < CD, C- o- '< -< CD Q) ...., City of Bremerton Overall Paving Condition Index 75 70 65 60 55 I~OCII 50 45 40 35 30 ~*~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~ iii-.---.--.- I I ! Other Revenue Sources for Streets? Not Really . Weight Taxes . Mileage Taxes . Street Utility . Property Tax Levy - TBD . Sales Tax - TBD . Impact Fees . Not Authorized . Not Authorized . Not Authorized . Poor Nexus -Voter approval . Poor Nexus -Voter Approval . Limited to new construction Why bother fixing our bad streets? . They will cost much more to fix later . Bad streets cause damage to all vehicles & increase maintenance costs . Emergency response time for police, fire, and ambulances goes up with bad streets and so does fire insurance costs . Cost to repais potholes skyrockets . Safety for pedestrians, bicycles, and motorcycles goes down - lawsuits increase WSALPHO Wamington State Anacilltion of Local Public Health Offidals "The collective voice for local public health in Washington State" Cuts to Local Public Health Services for 2009 - January 26, 2009 The following is a summary of the cuts to local public health services across Washington State for 2009 and local public health's Jequest for the 2009 legislative session. . Bud2:et Cuts: More than $32.7 million in public health services have already been cut across all 35 Local Health Jurisdictions (LHJs) for 2009. . Services Lost: Public Health services that will no longer be provided in many LHJs include: o Maternal and child health home visits to high-risk families o Services to high-risk women, infants and children (the WIC Program) o Immunization clinic services o Chronic disease prevention o Disease investigation o Family planning o Oral health o Environmental public health o Staff cuts in excess of250 FTEs . Impact of These Lost Services: As a result of cutting the above public health services, we can expect: o Increase in preventable disease o Slower and restricted ability to effectively respond to emergencies such as disease outbreaks, floods, and other disasters o Increase in referrals for child protective services o Increase in unplanned pregnancies o Increase in overweight and obese pre-school ':lnd school aged children o Increase in teens beginning to smoke; decrease in adults quitting smoking o Increase in water-borne disease o Increased burden and cost to health care, criminal justice, and social welfare systems due to a failure to provide effective prevention services that curtail very expensive downstream costs . Local Public Health's Request for the 2009 Le2:islative Session: o Protect and retain current flexible state funding to public health o Authorize local option revenues for counties o Increase flexibility of allocating funds at the local level o Adequately fund local public health for the long haul - long term goal WS,ALPHO Washington State Association of local Public Health Offidals "The collective voice for local public health in Washington State" Cuts to Local Public Health Services for 2009 - January 26, 2009 The following is a summary of the cuts to local public health services across Washington State for 2009 and local public'health's request for the 2009 legislative session. . Bude:et Cuts: More than $32.7 million in public health services have already been cut across all 35 Local Health Jurisdictions (LHJs) for 2009. . Services Lost: Public Health services that will no longer be provided in many LHJs include: o Maternal and child health home visits to high-risk families o Services to high-risk women, infants and children (the WIC Program) o Immunization clinic services o Chronic disease prevention o Disease investigation o Family planning o Oral health o Environmental public health o Staff cuts in excess of250 FTEs . Impact of These Lost Services: As a result of cutting the above public health services, we can expect: o Increase in preventable disease o Slower and restricted ability to effectively respond to emergencies such as disease outbreaks, floods, and other disasters o Increase in referrals for child protective services o Increase in unplanned pregnancies o Increase in overweight and obese pre-school and school aged children o Increase in teens beginning to smoke; decrease in adults quitting smoking o Increase in water-borne disease o Increased burden and cost to health care, criminal justice, and social welfare systems due to a failure to provide effective prevention services that curtail very expensive downstream costs . Local Public Health's Request for the 2009 Lee:islative Session: o Protect and retain current flexible state funding to public health o Authorize local option revenues for counties o Increase flexibility of allocating funds at the local level o Adequately fund local public health for the long haul - long term goal BOARD OF HEALTH RESOLUTION 2008-11 Resolution in Support of Public Health Financing WHEREAS, it is a responsibility of Kitsap County government to provide public health services to the residents of Kitsap County, as well as the workers and visitors that enter the county each day; and WHEREAS, state law vests in the Kitsap County Board of Health oversight of all matters pertaining to the preservation of the life and health of the people of Kitsap County, including the adoption of countywide public health policies and the enactment and enforcement of local public health regulations; and WHEREAS, public health functions provided by the Kitsap County Health District protect, promote, and provide for the health of the public everyday; and WHEREAS, over the past century, public health functions have led to remarkable gains in health that have significantly increased longevity and improved quality of life, including accomplishments such as: safe food and water dramatically reducing illness and deaths; fluoridation of water reducing tooth decay and tooth loss; population-wide vaccination programs eradicating smallpox worldwide and making other once-common diseases rare; and better hygiene, nutrition, antibiotics, and access to health care, contributing to a ninety percent decrease in infant mortality and a ninety-nine percent decrease in maternal mortality since 1900, nationwide; and WHEREAS, over the past decade, federal and state revenues that support public health, such as the state Motor Vehicle Excise Tax, have been eliminated,limited, or reduced, thus requiring increases in the level of local government resources for public services; and WHEREAS, increases in county general fund contributions, and municipal government contributions, to public health are not sustainable over the long term; and WHEREAS, in a study on county financial health, the Washington State Department of Community, Trade and Economic Development found that all counties across the state are fiscally distressed; and WHEREAS, the Washington State Legislature's 4410 Joint Selection Committee concluded that the Washington State public health system is under-funded by more than $600 million each biennium and that the need for additional funding for local public health jurisdictions statewide is critical; and WHEREAS, 4410 Joint Select Committee concluded that funding for public health must be a joint responsibility of the state and local jurisdictions; and WHEREAS, counties have limited local authority to provide for adequate funding for public health and WHEREAS, by 2010, the Health District will have exhausted all options to prevent major cuts in public health services including shifting discretionary state and local funding out of environmental health services into other services and covering that shift by raising environmental health fees; maximizing the billing of Medicaid Administrative Match revenues; using Federal emergency preparedness dollars to shore up core communicable disease control efforts; cutting staff, supplies, consolidating services, and reducing overhead costs; and tapping out available reserve funds. Board of Health Resolution 2008-11 November 4, 2008 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Kitsap County Board of Health: 1. The Board of Health reaffirms the District's public health mission and finds that the lack of adequate financing for public health places the health of the public at risk. 2. The Board of Health finds that the resulting risks to the health of the public are unacceptable. 3. The Board of Health finds that it is imperative to identify and acquire adequate, stable, dedicated, long-term state and local funding sources for public health to protect, promote, and provide for the health of the public. .4. The Board of Health calls on the State of Washington to provide adequate, stable, dedicated, long-term financing for local public health statewide and to provide financing options for local jurisdictions to protect, promote, and provide for the health of the public. 5. The Board of Health recommends that Kitsap County, and the cities of Bremerton, Bainbridge Island, Port Orchard, and Poulsbo support public health financing as a top priority of their state legislative agendas. 6. The Board of Health commits to working with community, regional, and state partners to educate the public about the value of public health and the need for adequate, stable, dedicated, long-term state and local funding sources. 7. The Board of Health urges the State to examine any and all adequate and stable options for state and local financing for public health without the requirements of non supplant language. 8. The Board of Health requests that the District consider possible revenue enhancements and propose for the Board's consideration reasonable fees and fee increases that fully pay for the cost of services they support, in lieu of reductions in services. APPROVED: November 4, 2008. Mayor Kathryn Quade, Chair Kitsap County Board of Health BOARD OF HEALTH RESOLUTION 2008-11 Resolution in Support of Public Health Financing WHEREAS, it is a responsibility of Kitsap County government to provide public health services to the residents of Kitsap County, as well as the workers and visitors that enter the county each day; and WHEREAS, state law vests in the Kitsap County Board of Health oversight of all matters pertaining to the preservation of the life and health of the people of Kitsap County, including the adoption of countywide public health policies and the enactment and enforcement of local public health regulations; and WHEREAS, public health functions provided by the Kitsap County Health District protect, promote, and provide for the health of the public everyday; and WHEREAS, over the past century, public health functions have led to remarkable gains in health that have significantly increased longevity and improved quality of life, including accomplishments such as: safe food and water dramatically reducing illness and deaths; fluoridation of water reducing tooth decay and tooth loss; population-wide vaccination programs eradicating smallpox worldwide and making other once-common diseases rare; and better hygiene, nutrition, antibiotics, and access to health care, contributing to a ninety percent decrease in infant mortality and a ninety-nine percent decrease in maternal mortality since 1900, nationwide; and WHEREAS, over the past decade, federal and state revenues that support public health, such as the state Motor Vehicle Excise Tax, have been eliminated, limited, or reduced, thus requiring increases in the level of local government resources for public services; and WHEREAS, increases in county general fund contributions, and municipal government contributions, to public health are not sustainable over the long term; and WHEREAS, in a study on county financial health, the Washington State Department of Community, Trade and Economic Development found that all counties across the state are fiscally distressed; and WHEREAS, the Washington State Legislature's 4410 Joint Selection Committee concluded that the Washington State public health system is under-funded by more than $600 million each biennium and that the need for additional funding for local public health jurisdictions statewide is critical; and WHEREAS, 4410 Joint Select Committee concluded that funding for public health must be a joint responsibility of the state and local jurisdictions; and WHEREAS, counties have limited local authority to provide for adequate funding for public health and WHEREAS, by 2010, the Health District will have exhausted all options to prevent major cuts in public health services including shifting discretionary state and local funding out of environmental health services into other services and covering that shift by raising environmental health fees; maximizing the billing of Medicaid Administrative Match revenues; using Federal emergency preparedness dollars to shore up core communicable disease control efforts; cutting staff, supplies, consolidating services, and reducing overhead costs; and tapping out available reserve funds. Board of Health Resolution 2008-11 November 4, 2008 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Kitsap County Board of Health: 1. The Board of Health reaffirms the District's public health mission and finds that the lack of adequate financing for public health places the health of the public at risk. 2. The Board of Health finds that the resulting risks to the health of the public are unacceptable. 3. The Board of Health finds that it is imperative to identify and acquire adequate, stable, dedicated, long-term state and local funding sources for public health to protect, promote, and provide for the health of the public. 4. The Board of Health calls on the State of Washington to provide adequate, stable, dedicated, long-term financing for local public health statewide and to provide financing options for local jurisdictions to protect, promote, and provide for the health of the public. 5. The Board of Health recommends that Kitsap County, and the cities of Bremerton, Bainbridge Island, Port Orchard, and Poulsbo support public health financing as a top priority of their state legislative agendas. 6. The Board of Health commits to working with community, regional, and state partners to educate the public about the value of public health and the need for adequate, stable, dedicated, long-term state and local funding sources. 7. The Board of Health urges the State to examine any and all adequate and stable options for state and local financing for public health without the requirements of non supplant language. 8. The Board of Health requests that the District consider possible revenue enhancements and propose for the Board's consideration reasonable fees and fee increases that fully pay for the cost of services they support, in lieu of reductions in services. APPROVED: November 4, 2008. Mayor Kathryn Quade, Chair Kitsap County Board of Health SCOTT W. LINDQUIST, MD, MPH, DIRECTOR 345 6TH STREET, SUITE 300 BREMERTON, WA 98337-1866 (360) 337-5235 February 4,2009 Senator Phil Rockefeller 218 John A. Cherberg Building p.o. Box 40423 Olympia, W A 98504-0423 RE: REQUEST FOR SUPPORT, INCLUDING SUPPORT FOR GOVERNOR'S BUDGET AND HB 1820 Dear Senator Rockefeller: The public health system needs your continued support. Local public health jurisdictions in Washington State have already lost $32.7 million of funding needed to maintain existing services, and many key programs that impact your constituents are being cut. In Kitsap County, we have lost 18% of our staff (23 FTE) since 2005 and we expect further reductions by the end of 2009. In short, we cannot sustain additional cuts and still protect the public's health. Local public health respectfully requests your support for the following: 1. Governor's public health budget. The Governor and the Secretary of Health have protected the most critical flexible funding to local public health essential to keeping our system up and running until there are better economic times. 2. Additional local option revenues for counties. Our counties' fiscal health is in jeopardy. If public health is truly going to be a state and local partnership, locals must have revenue options that only the Legislature can authorize. 3. A stable, dedicated, state funding source for local public health as soon as realistically possible. Such a stable, dedicated, state funding source is necessary simply to maintain the public health system which our communities count on to work every hour of every day. The Legislature's Joint Select Committee on Public Health Finance recognized this critical priority back in 2006. 4. HB 1820. HB 1820 provides the essential framework to see the public health system into the future during these extraordinarily difficult economic times. Public health is working with the prime sponsor, Representative Jim Moeller, to fine tune aspects of this bill. The Kitsap County Board of Health continues to support public health even in these hard economic times. For your reference, you will find enclosed "Resolution 2008-11: Resolution in Support of Public Health Financing" passed by the Kitsap County Board of Health on November 4, 2008. This resolution calls for "adequate, stable, dedicated, long-term financing for local public health." Senator Phil Rockefeller February 4, 2009 Page 2 Local public health appreciates your continued support. Please feel free to call us directly at (360) 337-5237 (Scott Lindquist) or (360) 337-5287 (Scott Daniels) if you need additional information. We have scheduled a meeting with you for Wednesday, February 24th to further discuss this issue. We look forward to meeting with you then. Sincerely, Scott Lindquist, MD, MPH Director, Health Officer Scott Daniels, MS Deputy Director Enclosures: Kitsap County Board of Health Resolution 2008-11 WSALPHO "Cuts to Local Public Health Services for 2009" Cc: Commissioner Steve Bauer, Kitsap County Commissioner Mayor Cary Bozeman, City of Bremerton Commissioner Josh Brown, Kitsap County Commissioner Mayor Lary Coppola, City of Port Orchard Commissioner Charlotte Garrido, Kitsap County Commissioner Mayor Darlene Kordonowy, City of Bainbridge Island Mayor Kathryn Quade, City of Poulsbo Councilperson Dianne Robinson, City of Bremerton Councilperson Roy Runyon, City of Bremerton Councilperson Christopher Snow, City of Bainbridge Island SCOTT W. LINDQUIST, MD, MPH, DIRECTOR 345 6TH STREET, SUITE 300 BREMERTON, WA 98337-1866 (360) 337-5235 February 4, 2009 Senator Phil Rockefeller 218 John A. Cherberg Building P.O. Box 40423 Olympia, W A 98504-0423 RE: REQUEST FOR SUPPORT, INCLUDING SUPPORT FOR GOVERNOR'S BUDGET AND HB 1820 Dear Senator Rockefeller: The public health system needs your continued support. Local public health jurisdictions in Washington State have already lost $32.7 million of funding needed to maintain existing services, and many key programs that impact your constituents are being cut. In Kitsap County, we have lost 18% of our staff (23 FTE) since 2005 and we expect further reductions by the end of 2009. In short, we cannot sustain additional cuts and still protect the public's health. Local public health respectfully requests your support for the following: 1. Governor's public health budget. The Governor and the Secretary of Health have protected the most critical flexible funding to local public health essential to keeping our system up and running until there are better economic times. 2. Additional local option revenues for counties. Our counties' fiscal health is in jeopardy. If public health is truly going to be a state and local partnership, locals must have revenue options that only the Legislature can authorize. 3. A stable, dedicated, state funding source for local public health as soon as realistically possible. Such a stable, dedicated, state funding source is necessary simply to maintain the public health system which our communities count on to work every hour of every day. The Legislature's Joint Select Committee on Public Health Finance recognized this critical priority back in 2006. 4. HB 1820. HB 1820 provides the essential framework to see the public health system mto the future during these extraordinarily difficult economic times. Public health is working with the prime sponsor, Representative Jim Moeller, to fine tune aspects of this bill. The Kitsap County Board of Health continues to support public health even in these hard economic times. For your reference, you will find enclosed "Resolution 2008-11: Resolution in Support of Public Health Financing" passed by the Kitsap County Board of Health on November 4, 2008. This resolution calls for "adequate, stable, dedicated, long-term financing for local public health." Senator Phil Rockefeller February 4, 2009 Page 2 Local public health appreciates your continued support. Please feel free to call us directly at (360) 337-5237 (Scott Lindquist) or (360) 337-5287 (Scott Daniels) if you need additional information. We have scheduled a meeting with you for Wednesday, February 24th to further discuss this issue. We look forward to meeting with you then. Sincerely, Scott Lindquist, MD, MPH Director, Health Officer Scott Daniels, MS Deputy Director Enclosures: Kitsap County Board of Health Resolution 2008-11 WSALPHO "Cuts to Local Public Health Services for 2009" Cc: Commissioner Steve Bauer, Kitsap County Commissioner Mayor Cary Bozeman, City of Bremerton Commissioner Josh Brown, Kitsap County Commissioner Mayor Lary Coppola, City of Port Orchard Commissioner Charlotte Garrido, Kitsap County Commissioner Mayor Darlene Kordonowy, City of Bainbridge Island Mayor Kathryn Quade, City of Poulsbo Councilperson Dianne Robinson, City of Bremerton Councilperson Roy Runyon, City of Bremerton Councilperson Christopher Snow, City of Bainbridge Island LegIslatIVe Letters Page 1 of2 Lori Smith From: Daniels, Scott [danies@health.co.kitsap.wa.us] Tuesday, February 03, 20097:49 PM Commissioner Charlotte Garrido; Commissioner Josh Brown (E-mail); Commissioner Steve Bauer (E-mail); Councilperson Christopher Snow (E-mail); Councilperson Dianne Robinson; City Council; The Mayor; Mayor Darlene Kordonowy (E-mail); Mayor Kathryn Quade; themayor@cityofportorchard.us Abbott, Dean; Brower, Janet; Craig, Cris; Daniels, Scott; Deeter, Jerry; Dobbelaere, Kerry; Grellner, Keith; Holt, Judy; Holt, Karen; Hopkins, Leslie; Kiess, John; Lindquist, Scott; Morales, Sandra; Murphy, Maureen; North, Ed; Petek, Bonnie; Plemmons, Suzanne; Whitford, Stuart Subject: Legislative Letters Attachments: 2009 Legislative Letter Rockefeller 0209.doc; Resolution 2008-11 Public Health Financing 1108.doc; WSALPHO 2009 Cuts Update 1-26-09.doc Sent: To: Cc: As we discussed at the Board of Health meeting today, I'm forwarding you a copy of the letter we are mailing out tomorrow to all nine of our Kitsap legislators asking for their support of public health funding. The letters are being sent out in preparation for the legislative visits Scott Lindquist and I have scheduled in Olympia on February 19th and 24th. The attached letter is specifically addressed to Sen. Phil Rockefeller. Letters will also be mailed to: Representative Sherry Appleton Representative Christine Rolfes Senator Derek Kilmer Representative Larry Seaquist Representative Jan Angel Senator Tim Sheldon Representative Kathy Haigh Representative Fred Finn Also provided are the two attachments to our letter. The first is Kitsap County Board of Health Resolution 2008-11: "Resolution in Support of Public Health Financing" adopted by the Board on November 4, 2008. The second is a handout prepared by the Washington State Association of Local Public Health Officials entitled "Cuts to Local Public Health Services for 2009", dated January 26, 2009. Let me know if you have any questions or comments, and thanks for your support of public health! <<2009 Legislative Letter Rockefeller 0209.doc>> <<Resolution 2008-11 Public Health Financing 1108.doc>> <<WSALPHO 2009 Cuts Update 1-26-09.doc>> Scott Daniels Deputy Director / Public Information Officer Kitsap County Health District 345 6th Street, Suite 300 Bremerton, W A 98337-1866 (360) 337-5287 Office (360) 271-9230 Cell (360) 475-9287 Fax 2/4/2009 Legislative Letters Page 2 of2 danies@health.co.kitsap.wa.us PUBLIC HEALTH Always Working for a Safer and Healthier Washington 2/4/2009 Legislative Letters Page I of2 Lori Smith From: Daniels, Scott [danies@health.co.kitsap.wa.us] Tuesday, February 03, 2009 7:49 PM Commissioner Charlotte Garrido; Commissioner Josh Brown (E-mail); Commissioner Steve Bauer (E-mail); Councilperson Christopher Snow (E-mail); Councilperson Dianne Robinson; City Council; The Mayor; Mayor Darlene Kordonowy (E-mail); Mayor Kathryn Quade; themayor@cityofportorchard.us Abbott, Dean; Brower, Janet; Craig, Cris; Daniels, Scott; Deeter, Jerry; Dobbelaere, Kerry; Grellner, Keith; Holt, Judy; Holt, Karen; Hopkins, Leslie; Kiess, John; Lindquist, Scott; Morales, Sandra; Murphy, Maureen; North, Ed; Petek, Bonnie; Plemmons, Suzanne; Whitford, Stuart Subject: Legislative Letters Attachments: 2009 Legislative Letter Rockefeller 0209.doc; Resolution 2008-11 Public Health Financing 1108.doc; WSALPHO 2009 Cuts Update 1-26-09.doc Sent: To: Cc: As we discussed at the Board of Health meeting today, I'm forwarding you a copy of the letter we are mailing out tomorrow to all nine of our Kitsap legislators asking for their support of public health funding. The letters are being sent out in preparation for the legislative visits Scott Lindquist and I have scheduled in Olympia on February 19th and 24th. The attached letter is specifically addressed to Sen. Phil Rockefeller. Letters will also be mailed to: Representative Sherry Appleton Representative Christine Rolfes Senator Derek Kilmer Representative Larry Seaquist Representative Jan Angel Senator Tim Sheldon Representative Kathy Haigh Representative Fred Finn Also provided are the two attachments to our letter. The first is Kitsap County Board of Health Resolution 2008-11: "Resolution in Support of Public Health Financing" adopted by the Board on November 4, 2008. The second is a handout prepared by the Washington State Association of Local Public Health Officials entitled "Cuts to Local Public Health Services for 2009", dated January 26, 2009. Let me know if you have any questions or comments, and thanks for your support of public health! <<2009 Legislative Letter Rockefeller 0209.doc>> <<Resolution 2008-11 Public Health Financing 1108.doc>> <<WSALPHO 2009 Cuts Update 1-26-09.doc>> Scott Daniels Deputy Director / Public Information Officer Kitsap County Health District 345 6th Street, Suite 300 Bremerton, W A 98337-1866 (360) 337-5287 Office (360) 271-9230 Cell (360) 475-9287 Fax 2/412009 Legislative Letters Page 2 of2 danies@health.co.kitsap.wa.us PUBLIC HEALTH Always Working for a Safer and \ Healthier Washington 2/4/2009 TBD Revenue Options ~.- -.- ,. , IB= i '.. ......---1 CITY OF BREMERTON . Councilmanic - voter approval not required - Up to $20 annual Vehicle License Fee - TBD must be jurisdiction-wide . Voter approved - Up to 0.2% sales and use tax (1 O-year limit) - Property Tax, an excess levy for capital purposes or a 1 year excess levy - Up to $100 annual Vehicle License Fee - Vehicle Tolls TBD can be less than jurisdiction wide I i I I i I What is the Current Proposal Before I;. the City Council? . The City's Need: A stable, predictable, funding source for street preservation . Form a TBD to include the entire City . Impose a Local User Fee for Streets of $20/year (approx. $1.67/Mo.) . Include a three-year "Sunset Provision" that would require separate Council action for renewal . Raise approx. $600k/yr. that would ALL go for street and sidewalk construction/preservation within Bremerton City limits . Split proceeds approx. 750/0 streets and 25010 sidewalks - 'j IB What is a Transportation Benefit District (TBD)? 'H__'___ _ CITY OF BREMERTON . Quasi-municipal corporation & independent district created for the sole purpose of funding transportation improvements within the district. . Creating ordinance must include finding of public's interest, boundaries of lBO, and a description of improvements to be pursued by IBD . Eligible Projects must be: Necessitated by existing or reasonably foreseeable congestion levels . Created by ordinance of legislative authority (county or city) and may include other counties, cities, port districts, or transit districts through Inter-local Agreements. Projects or program included in any existing state or regional transportation plan . For multi-jurisdiction lBO, the governing body has at least 5 members with at least 1 elected from each participating jurisdiction. Can include maintenance, operations & preservation of programs and projects supported by existing state or regional plans -this includes roads, transportation demand management, etc.. . Can also be less than an entire jurisdiction (city or county) 2008 Property Tax Assessments For City of Bremerton Residents City General Fund = 19.80/0 Where Street Funds Can Come From III City General Fund II Municipal Bonds o Emergency Medical Services 0 State of Washington . Kitsap County ~ Port of Bremerton . School District 0 PUD . Regional Library I B I I Effect of 1-695 on License Fees for a $25,000 Car License Year $ Fee Tax Base MVET Total 1 ~.75 $ 25,000 $ 550.00 $ 577.75 2 7$3.75 $ 23,750 $ 522.50 $ 546.25 3 7$3.75 $ 22,250 $ 489.50 $ 513.25 4 2$3.75 $ 20,275 $ 446.05 $ 469.80 5 2$3.75 $ 18,300 $ 402.60 $ 426.35 6 2$3.75 $ 16,325 $ 359.15 $ 382.90 7 2$3.75 $ 14,350 $ 315.70 $ 339.45 8 2$3.75 $ 12,375 $ 272.25 $ 296.00 9 2$3.75 ~ 1 0,400 $ 228.80 $ 252.55 10 7$3.75 f$425 $ 185.35 $ 209.10 11 2$3.75 ~450 $141.90 $ 165.65 12 2$3.75 1&475 $ 98.45 $ 122.20 13 23.75 2,500 $ 55.00 $ 78.75 $ Total Cost without 695 4,380.00 Total Cost Today $ 568.75 Savings $3,811 CITY OF BREMERTON CI BREi N Total Statewide Revenue Reduction Approx. $1.1 Billion per year (2009 $) with 750/0 destined for Transportation Purposes All MVET for City Street Bremerton lost the equivalent of $1 ,257,000/yr in $ 2009 Purposes was Eliminated Total 2009 Budget is $2,848,000 Gas Tax Facts . Total tax on both gas and diesel in Washington State is 54.4~ /gal (State portion 37.5~, FederaI18.4~) . Washington State Cities get only 2.96 ~ or only 5.4%> of the total fuel taxes collected in our state and 7.9% of State fuel Taxes. Over 600/0 of our citizens live in Cities . Gas taxes are a fixed amount, independent of the overall cost of fuel. State tax is 37.5~ whether gas is selling for $1.75 or $4.50 per gallon. As gas prices climb and demand lessens gas tax revenue actually declines. Most people assume the opposite . The city received $583,000 in gas tax revenue in 2008 which covers only 20%> of our street budget State Business Tax Climate Index, Fiscal rear 2009 . 10 worst business tax climates D 10 best business tax cl1mates ,..0 I ~ , ".~ ..... ','::S>~ HI ." #24 .:{) The Tax Foundation 2001 L Street, N.W. Suite 1050 Washington, D.C. 20036 202.464.6200 Rl #46 DE #10 Bremerton Basic Street Funding 1993 - 2003 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $- 1993 2003 o General Fund & Other Local Funding o CDBG (Federal) III State Gas Tax Distribution iii Motor Vehicle Excise Tax Total Value of State Contribution to Bremerton's Basic Street Funding has been Reduced bv 7601'0 Maintenance Treatment Cost Comparison - Bremerton avement ondition xcellent 89-100) Routine - $1.50 per sq. yd. ' 2004 Average Arterial Rating = 71 PCR Preventive - $7.50 per sq. yd. ------ I. Rehab - $24.00 per sq. yd. -------- Bremerton Average Arterial Rating = 57 PCR (2004) 62 PCR (2001) 5 7 12 20 Years Based on 2001/2004 Bremerton Pavement Management study Arterial Pavement Conditions of Selected Cities 31.86 102.17 91 46.37 1 05.45 77 50.32 148.26 90 Yakima 60.53 205.56 77 Mount 19.40 47.81 89 Spokane 105.33 386.82 75 Mp8i\'a'ne 91.99 296.38 87 Bellingham 72.32 184.60 74 M@lIe~ue 70.52 243.29 86 Auburn 49.81 150.04 72 Everett 62.55 230.73 84 Vancouver 81.15 239.55 70 Federal Way 31.67 108.58 83 Seattle 341.13 992.63 69 Kent 25.53 100.82 83 Olympia 66.54 210.50 68 SeaTac 18.30 48.15 83 Friday 5.39 10.78 67 Sammamish 18.43 38.85 82 tlfcB9r 42.97 133.29 67 Tumwater 16.76 33.52 80 Kirkland 29.97 77.02 64 38.95 118.25 78 Ellensburg 18.34 40.56 58 27.05 87.08 78 Bremerton 133.80 298.90 57 41.88 150.47 77 Tacoma 133.56 465.03 56 I- co CI.) >- ~ ..c -c CI.) > co a... en CI.) - -- ~ o~m~ro~~~m~~~~~M~N~~~O ~. . . . . . . . . . m ro ~ m ~ ~ M N ~.O ea v~ cPa v~ <a v~ Ba v~ .$la v~ Pa v~ C'a v~ cQ v~ La v~ Oa v~ e~ 6} cP~ (5\..t <~ 6} B~ (5\..t .$l~ 6} P~ 6} City of Bremerton Overall Paving Condition Index 75 70 65 60 55 j-+-OCII 50 45 40 35 30 ~*~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~ lp.;:.-..:::::..-' . --.., .--. r If _ ,1 :"' it .. It Other Revenue Sources for Streets? Not Really . Weight Taxes . Mileage Taxes . Street Util ity . Property Tax Levy - TSO . Sales Tax - TSO . Impact Fees . Not Authorized . Not Authorized . Not Authorized . Poor Nexus -Voter approval . Poor Nexus -Voter Approval . Limited to new construction Why bother fixing our bad streets? . They will cost much more to fix later . Bad streets cause damage to all vehicles & increase maintenance costs . Emergency response time for police, fire, and ambulances goes up with bad streets and so does fire insurance costs . Cost to repais potholes skyrockets . Safety for pedestrians, bicycles, and motorcycles goes down - lawsuits increase December Transportation Benefit District Meeting Notes Page 1 of2 Lori Smith From: Lori Smith on behalf of City Council Sent: Wednesday, February 04, 2009 10:30 AM To: City Council Subject: FW: TBD-Legislative FYI HB 1591-and a little help, soon, please. FYI... Printed copies of this information will also be available tonight... From: Phil Williams Sent: Tuesday, February 03,20097:10 PM To: City Council Subject: FW: TBD-Legislative FYI HB 1591-and a little help, soon, please. Lori - can you pass this on to Dianne for me? She was asking about this bill introduced by AWC. This summary from Ashley Probart succinctly describes the changes proposed to the TBD process. They would be good changes for Bremerton if they are adopted. From: Ashley Probart [mailto:ashleyp@awcnet.org] Sent: Monday, February 02, 2009 12:05 PM To: Ashley Probart; c1ifton@cLedmonds.wa.us; Jane Kirkemo; Jhawley@ci.lake-forest-park.wa.us; Phil Williams; Charlie Bush; bcarver@desmoineswa.gov; Lisa Clausen Subject: TBD-Legislative FYI HB 1591-and a little help, soon, please. Greetings, AWC has introduced HB 1591 (companion to follow in the Senate) Rep. Upthegrove is the prime sponsor. It does 3 things: 1) Clarifies that city/county transportation programs/projects are eligible under a TBD (instead of by reference to a state/regional plan-many of you within in the Puget Sound Regional Council have been seeking this clarification. 2) Clarifies and enables latecomer fees 3) Allows the voter approved sales tax authority to extend beyond 10 years for bonding purposes. Once this is scheduled and ready for "executive session" or passage from the house transp committee, I will be asking your support in contacting your legislators-your cities line up nicely with many of the members on the committee. / Ashley From: Ashley Probart Sent: Monday, February 02,2009 11:40 AM To: c1ifton@ci.edmonds.wa.us; Jane Kirkemo; Jhawley@cLlake-forest-park.wa.us; PhiI.Williams@ci.bremerton.wa.us; 'Charlie Bush'; bcarver@desmoineswa.gov; 'Lisa Clausen' Subject: FW: December Transportation Benefit District Meeting Notes From: Ball, Glenn (DOL) [mailto:GBall@DOL.WA.GOV] 2/4/2009 December Transportation Benefit District Meeting Notes Page 2 of2 Sent: Tuesday, January 20, 2009 10:41 AM To: Ashley Probart; Gable, Mykel (DOL); Kehoe, Bill (DOL); Hadden, Sheila (DOL); Waldron, Dani (DOL); Baldwin, John Cc: Cavanagh, Cindy (DOL); McCalvin, Stephanie (DOL) Subject: December Transportation Benefit District Meeting Notes Attached FYI are the notes from our December 2008 meeting regarding new Transportation Benefit Districts. I have updated the notes to reflect the current process DOL will follow to determine the tax to be levied, as well as a summary of our January 16 discussions with Dept. of Revenue about using their GIS data. We are in the process of scheduling another meeting between DOL and various cities to further discuss implementation requirements. Looks for a meeting invitation soon. Ashley: Feel free to share this e-mai'l with members of your association. ~1e1(1( F Ball Administrator, Title & Registration Services WA State Department of Licensing (360) 902-3754 2/412009 Page 1 of 1 Lori Smith From: Lori Smith on behalf of City Council Sent: Wednesday, February 04, 2009 11 :24 AM To: 'writeresc@yahoo.com' Subject: FW: Citizen Support - $20 car-tab fee Importance: Low Dear Ms. Campbell, Thank you for your comments. Your message has been provided to the Council Members for their review prior to the Council Meeting tonight when they will consider action on the proposed Transportation Benefit District. Thank you, Lori Smith Legislative Assistant Bremerton City Council (360) 473-5280 From: Sue Campbell [mailto:writeresc@yahoo.com] Sent: Tuesday, February 03, 2009 10:20 PM To: The Mayor cc: City Council Subject: Citizen Comment - $20 car-tab fee Feb 3, 2009 Dear Mayor Bozeman, I would like to respond to the recent article in the Kitsap Sun regarding a proposed car-tab fee for Bremerton. I have lived in Bremerton for four years and find this an amazingly beautiful location, with wonderful places to live and play and show-off to visitors. Even now during this challenging development stage. But it is apparent that something needs to be done about the deteriorating conditions of roads and sidewalks. Given the constraints of the current budget, it seems that the $20 car-tab fee proposal is a {{no brainer" solution - a realistic, reasonable, and fair way to fund street improvements in Bremerton. Even during this terrifyingly difficult financial time. No one wants to pay more for anything right now. But people in Washington have enjoyed unrealistically low car-tab fees for eight or nine years with detrimental consequences. To delay or perhaps not even act at all would be irresponsible, and the cost of repairs will undoubtedly continue to climb. I want you to know that I enthusiastically support a $20 car-tab fee as an excellent start to funding street improvements. / Thank you for your outstanding service, and for the Council's outstanding service, to Bremerton, and for creative, resourceful leadership that keeps finding ways to make Bremerton even better. Yours sincerely, E S Campbell CC: Bremerton City Council 2/412009 Page 1 of 1 Lori Smith From: Lori Smith on behalf of City Council Sent: Wednesday, February 04, 2009 11 :07 AM To: 'cellobird@comcast.net' Subject: FW: Citizen Support - Transportation Benefit District Ms. Klein, Thank you for your comments. Your message has been provided to the Council Members for their review prior to the Council Meeting tonight when they will consider action on the proposed Transportation Benefit District. Thank you, Lori Smith Legislative Assistant Bremerton City Council (360) 473-5280 -----Original Message----- From: Mary K. [mailto:cellobird@comcast.net] Sent: Tuesday, February 03, 2009 7:11 PM To: City Council Subject: Transportation Benefit District Dear City Council: I'm all for establishing a transportation benefit district, and then adding a vehicle license fee for improvements. I fear the Bremerton electorate will not vote to tax itself no matte'r how much we need/would benefit from whatever it is that's being proposed. (Look what happened withe library and parks!) You Council members have been elected to look to the future and keep the present running, we need street and sidewalk repairs/improvements, so please, create the TBD! Mary E. Klein 1717 E 16 St #200B Bremerton WA 98310 2/4/2009 Page 1 of 1 Lori Smith From: Lori Smith on behalf of City Council Sent: Tuesday, February 03, 2009 1 :05 PM To: City Council Subject: FW: Citizen Correspondence - Tab Fee , Mr. Farmer, Thank you for your comments. Your message has been provided to the Council Members for their review prior to the Council Meeting on Wednesday, February 4 when they will consider action on the proposed Transportation Benefit District. Thank you, Lori Smith Legislative Assistant Bremerton City Council (360) 473-5280 From: LOUIE Farmer (mailto:uncle_louie@earthlink.net) Sent: Tuesday, February 03, 2009 11:43 AM To: City Council Subject: Tab Fee I am not in favor on the city council forming a transportation district and charging city residents a car tab fee. Lester Farmer --- LOUIE Farmer --- LJn~I~JQl.J~@E2c:trthlink,D~t 2/3/2009 Page 1 of 1 Lori Smith From: Lori Smith on behalf of City Council Sent: Tuesday, February 03, 2009 9:48 AM To: 'Kasandra Snodgrass'; City Council Subject: RE: Citizen Comment - No for forming Transportation Benefit District Dear Ms. Snodgrass, Thank you for your comments. Your message has been provided to the Council Members for their review prior to the Council Meeting on Wednesday, February 4 when they will consider action on the proposed Transportation Benefit District. Thank you, Lori Smith Legislative Assistant Bremerton City Council (360) 473-5280 From: Kasandra Snodgrass [mailto:klsnodgrass@live.com] Sent: Monday, February 02, 2009 1:58 PM To: City Council Subject: No for forming Transportation Benefit District To Whom It May Concern: I am against forming a Transportation Benefit District and charging residents a car tab fee. I am a resident of the City of Bremerton. Si ncerely, K 2/3/2009 Page 1 of 1 Lori Smith From: Lori Smith on behalf of City Council Sent: Tuesday, February 03, 2009 9:45 AM To: 'Dave & Liz DuBois' Subject: RE: Citizen Comment - Transportation Benefit District Mr. & Mrs. DuBois, Thank you for your comments. Your message has been provided to the Council Members for their review prior to the Council Meeting on Wednesday, February 4 when they will consider action on the proposed Transportation Benefit District. You found the correct e-mail address to directly contact all nine of the Council Members, and can be assured that each one will see your letter. Thank you, Lori Smith Legislative Assistant Bremerton City Council (360) 473-5280 -----Original Message----- From: Dave & Liz DuBois [mailto:ddubois@sinclair.net] Sent: Monday, February 02,20097:48 PM To: The Mayor; City Council Subject: Transportation Benefit District We just want to let you know that we are opposed to a proposed ordinance to create a new chapter in the Bremerton Municipal Code (BMC) entitled "Transportation Benefit District"; and creating the Bremerton Transportation Benefit District, especially if that ordinance leads to increased fees associated with license plates and/or car registrations. We are already weary of supporting Kitsap Transit and their stranglehold on the good citizens of Bremerton via their control of traffic lights. We who live down Marine Drive have not benefited at all from Kitsap Transit as they quit running buses here years ago. And we sure don't see any benefit to us that could possibly come from increased license tab fees. During the recent snow storm we we left icy and snowy, without so much as a bit of sand for the critical days. Then, the day after Marine Drive was finally sanded, the snow plows, who had been ??? prior to that, showed up and plowed up the snow AND the sand into a nearly impassable mess. Of course, since no buses run down here, who cares, eh?!? Dave and Liz DuBois P.S....nice touch on the city's web site to have NO way to directly contact the city council members. Must be part of the open government plan?!? 2/3/2009 Page 1 of 1 Lori Smith From: floydb2@peoplepc.com Sent: Tuesday, January 27, 2009 7:42 PM To: City Council Subject: [SPAM] License Tab Fee Importance: Low Ms. Carol Arends Bremerton City Council Representative District 7 Ms. Arends, I sincerely hope that you oppose the Councils' proposed $20 increase in vehicle license fees. Not only is the economic environment in a state not seen since "the great depression" but the people of the State have voted overwhelmingly in opposition to increases. To vote in favor of this measure goes in direct opposition to the will of the people and in fact places the Council in the position of not representing the people who elected them. If my memory serves, we once fought a war because of "taxation without representation". The fact that the State permit's the imposition of "fees" without vote by the people does not absolve elected officials from heeding the position the people have previously expressed. I am certain that I am not the only person to voice opposition to this matter nor am I the only person aware that five of the nine City Council members are up for reelection in 2009. It's interesting to note that my property tax statement shows that all assessments decreased this year except City tax and school levy. City tax increased by $21.52 while thH rest (less schools) decreased by $19.02 and my property value decreased by $7,020. And now the City wants even more? I would suggest that the City needs to reexamine priorities. The beautification and "nice to have" projects that the City seems so fond of should give way to the basic necessities. A question. Do you ever drive through our District, just to check traffic flow/regulation or to note the number of vacant residences or just the overall condition of the District or, as a test, attempt to access a City service without use of your title? You should. . \ Floyd Becker, property owner at, 313 S. Summit Ave. 2/4/2009 15 January 2009 Mr. Roy Runyun Bremerton City Council District 4 This letter is to drastically oppose the car tab increase for sidewalks and paving projects. Mr. Runyon due to the economic down turn that we are all facing myself and many others just can't afford another increase of any kind. I work with a' group of what used to be known as middle class income, but now are just a group of struggling folk's labeled low income. People on a fixed income such as Social Security, the elderly and the folks who are caught up in downsizing have to chose between heat, groceries, medication or a roof over their heads. These people who own cars see them as the little freedom that they have. The increase of car tabs for paving and sidewalks is being brought up at the worst possible time of all. I also have a feeling that most of the money will be used in the downtown core and many of the people like in District 2 will not see any improvement in those badly needed neighborhoods. We ask you to oppose this increase and PLEASE work with your fellow council members to convince them THS IS NOT THE TIME. We just don't have any more to give. Thank you lor your time in this matter. Sincerely Bob Purschwitz District 4 tenant. Lori Smith From: Bill [meizbilly@comcast.net] Sent: Sunday, December 28, 2008 1: 19 PM To: City Council Subject: Car Tabs City Council. Please do not impose an addtional $20 car tab tax on the already overtaxed taxpayers of this city. Bill Hurney 2428 Snyder Bremerton, Wa 98312 2/4/2009 Page 1 of 1 Page 1 of 1 Lori Smith From: Nick Wofford - Bremerton City Council [district9@comcast.net] Sent: Monday, December 15, 2008 9:41 AM To: City Council; 'Adam Brockus'; 'Brad Gehring'; Carol Arends; Cecil McConnell; 'Dianne Robinson'; 'Michael Shepherd'; 'Roy Runyon'; 'Will Maupin' Cc: Phil Williams; Bob Tulp Subject: RE: Reply to Citizen Comment - Higher License Tab Fee We should all be reminded that this is NOT an increase in the car tab fee. All money from the car tab fee ($30) goes to the state. We will be forming a Transportation Benefit District that will contract with the Department of Licensing to act as our collection agent. There is a phone conference today (Monday, December 15, 2008, at 1 :00 PM) with DOL and other cities interested in forming a TBD. The phone con will be in the council conference room. Nick 2/412009 Page 1 of 1 Lori Smith From: GENE DAVID HART [geneh@silverlink.net] Sent: Sunday, December 14, 2008 6:49 PM To: Will Maupin Cc: City Council Subject: Re: Citizen Comment - Higher License Tab Fee Will, Thank you for your response. You asked, do we send the Higher License Tab Fee to a vote where we will have a small chance of it passing, or does the Council use our authority to levy up to $20 per car without a vote. First, I see our Council should not use its authority to levy up to $20 per car without a vote by our people, voters and taxpayers (i.e., without consent of the governed). Second, I see our Council should ask, what are the priorities of our City government. Third, I see those priorities are first, police protection services; second, fire protection services; third, water services; fourth, sewer services; fifth, animal control services; sixth, repair street services; seventh, repave street services; et cetera. In other words, our Council is not to ask for more money to pay for sixth and seventh priorities, while budgeting for and funding lesser priorities. Again, thanks your for response. Sincerely, Gene 2/4/2009 Page 1 of 1 Lori Smith From: Will Maupin [WiII.Maupin@comcast.net] Sent: Saturday, December 13, 2008 6:56 PM To: geneh@silverlink.net Cc: City Council Subject: RE: Citizen Comment - Higher License Tab Fee Gene, Since the legislature eliminated the MVET in a post-695 frenzy to keep their jobs, the City has tried everything to find a substitute funding source to repair and repave our streets. We now transfer money from the general fund, use revenue from our parking system, use Real Estate Excise Tax, and our crews make money by doing work for other cities and the county. Paving is very expensive and has gotten much more so recently. With the downturn in the economy, we can no longer squeeze money from those other funds. This year, we can only fix potholes; no major overlays. Up to this time, the Council has not had the courage to levy a car tab fee without a vote of the peole. We also have not seen a good time to send it to a vote. We did not want to interfere with the EMS levy. Now, the question is, do we send it to a vote where we will have a small chance of it passing, or does the Council use our authority to levy up to $20 per car without a vote? The proposal we are going to discuss in January is a $20 fee with a three year sunset and $5 goes for sidewalks. What do you think? Thanks, Will Maupin 2/4/2009 Page 1 of 1 Lori Smith From: Nick Wofford - Bremerton City Council [district9@comcast.net] Sent: Thursday, December 11, 2008 10: 16 AM To: City Council Subject: Transportation Benefit District Here is the answer to the question about collection fees associated with the Transportation Benefit District. The department of licensing shall administer and collect the fee. The department shall deduct a percentage amount, as provided by contract, not to exceed one percent of the fees collected, for administration and collection expenses incurred by it. The department shall remit remaining proceeds to the custody of the state treasurer. The state treasurer shall distribute the proceeds to the district on a monthly basis. That said, there also turns out to be a one time set up charge by contract. The first in will pay the bulk of the cost and then its incremental for the additional entrants. We are not the first. Olympia, Edmonds, Lake Forest Park and Des Moines are in front of us. DOL is trying to schedule a meeting next week with the four previous cities and myself to see about sharing the cost. More as I learn additional information. Questions?? Nick 2/412009 Page 1 of 1 Lori Smith From: Lori Smith on behalf of City Council Sent: Wednesday, December 10, 2008 5:41 PM To: Adam Brockus; Brad Gehring; Carol Arends; Cecil McConnell; Dianne Robinson; Michael Shepherd; Nick Wofford; Roy Runyon; Will Maupin Cc: Christine Grenier Subject: Citizen Comments - No Higher Car Tabs Attn: Council Members Two calls were left on the Council Office Voice Mail on Wednesday, December 10,2008: 1. 5:32 AM - The gentleman did not leave his name but said he served over 20-years in the military and retired in Washington State. He fears that an increase in the car tabs could possible force him from being able to live here. His number was (360) 620-5896. 2. 11 :23 AM - Joan Bale stated that she lived near the north end of Petersville Road, and stated firmly that now is not the time to raise another tax for residents of Bremerton. (360) 373-2206 2/4/2009 Page 1 of 1 Lori Smith From: GENE DAVID HART [geneh@silverlink.net] Sent: Wednesday, December 10, 2008 5:22 PM To: City Council Subject: Higher License Tab Fee Cecil McConnell et alia City Council Bremerton, W A 98337 Dear Cecil McConnell et alia, Thank you for continuing to serve the interests of our people, voters and taxpayers in the City of Bremerton. Today I read a report "Higher License Tab Fees Seen as Way to Keep Streets Paved", on Page A3 in the December 10, 2008 issue of the Kitsap Sun. According to that report, you will vote "yes" to put a "Higher License Tab Fee" measure on the ballot for the public's vote, if such a measure is brought up for Council vote. Or you will vote "no" if a measure to vote on raising that fee unilaterally, without the public's vote, is brought up for Council vote. I agree, we should have a plan to fix our streets and sidewalks, especially for safety of our school children walking to school. Essentially, that was my point ten years ago when I testified before our Council. Meanwhile, during those ten years and for a variety of reasons, our Mayors and Councils have chosen to fund other budget line items, placing them as higher priority than a plan for safety -- for streets and sidewalks. In short, I would like to thank you for highlighting that it's up to our leaders to listen and heed our people, voters and taxpayers, to govern with our consent; not without it, not unilaterally. Sincerely, Gene 2/4/2009 Lori Smith From: Luke Chermak [lb1914@gmail.com] Sent: Wednesday, December 10, 20084:51 PM To: City Council Subject: No to $20 car tab addition Dear Mr. Brockus, Page 1 of1 I believe that city already charges enough in taxes and services that another $40 a year is not necessary. The city needs to dig deep and find the programs that are truly not needed and begin paying for the roads that all citizens need directly or indirectly. Sincerely, Luke Chermak 2138 E Highlands St Bremerton, WA 98310 2/4/2009 *"80'-0&7 811 Move to authorize the Mayor and City Attorney to file an appeal to the Central Puget Sound Growth Management Hearings Board of the City of Port Orchard's Comprehensive Plan and associated documents as amended by Port Orchard ordinance No. 042-08 and to take all action necessary to prosecute the appeal as it relates to the provision of utilities, land use designations and related issues regarding the SKIA Urban Growth Area. R:\LEGAL\Files\Current Active Files\Port Orchard Comp Plan Appeal\Council Motion.doc