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HomeMy WebLinkAbout11/03/2021 CITY COUNCIL AGENDA PACKET ______________________________________________________________ th CITY COUNCIL 345 6 Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 WEDNESDAY, NOVEMBER 3, 2021 CITY COUNCIL Virtual/Live Stream MEETING AGENDA To help reduce the spread of COVID-19, the City Council is conducting a virtual meeting. The Chambers will be closed, and all Council Members and staff will be participating in the meeting remotely. The public is invited to view and/or participate in the Council Meeting through one of the following options: To stream online only (via BKAT Feed, with no interaction possible): https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live Members of the public are invited to join the Zoom Meeting by clicking on the link below: https://us02web.zoom.us/j/81749786192?pwd=ZVpmRmQvRkp3RC9YQ2h1K0RNdERoZz09 Or One tap mobile: US: +12532158782,,81749786192#,,,,*408318# or +13462487799,,81749786192#,,,,*408318# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833 or +1 312 626 6799 Webinar ID: 817 4978 6192 Passcode: 408318 Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us 1. CALL TO ORDER: 5:30 P.M. 2. MAYOR'S REPORT 3. PUBLIC RECOGNITION 4. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting October 20, 2021 C. Minutes of Budget Workshop October 25, 2021 D. Minutes of Study Session October 27, 2021 E. Minutes of Budget Workshop October 28, 2021 F. Public Works Agreement with Henden Electric, Inc. for Residential Electrical Service Modifications at E 11th & Perry Ave G. Ordinance No. 5437 amending Section 9.10.020 of the Bremerton Municipal Code entitled H. Ordinance No. 5438 amending Chapter 7.12 of the Bremerton Municipal Code entitled 5. PUBLIC HEARINGS A. Public Hearing on Revenue Sources for the Proposed 2022 City of Bremerton Budget For receiving public comment only; No B. Public Hearing (1 of 2) on the Proposed 2022 City of Bremerton Budget For receiving public comment only; No action to be taken by the Council until the second Public 6. GENERAL BUSINESS A. Ordinance No. 5439 amending and re-establishing City Rates & Fees for 2022 B. Ordinance No. 5440 amending and re-establishing Utility Assessments, Rates, Fees and Charges for 2022 C. 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING Photo courtesy of Port of Bremerton 2021 MAYOR’S REPORTNovember 3, 19 Health Update - COVID from the Kitsap Public Health District . September when - kitsappublichealth.org New hospitalizations have also been decreasing. 19 Health Update - 19 Update - Kitsap County rates have been declining since midcases were at 322.6 per 100,000 residents (on Sept. 13). As of the most recent data, there were 111.4 cases per 100,000 residents. While cases appear to be trending downward, it’s important our community still take precautions and follow current health and safety guidelines.For more information on Kitsap County case rates and to find locations for testing and vaccinations, visit: COVID COVID $134,030,828 $119,777,551 $94,946,410 October) $73,469,623 – $45,577,044 2021 - Permit Activity (January 2017 2021 - 2021 Permit Snapshot$72,336,548 (Pending) + $134,030,828 (Approved) = $206,367,376 TotalWe've got just over $72 million in the review queue, so we're going to end the year as well as start 2022 strong. Permits Approved by Year, 2016 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 4A SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: November 3, 2021 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 395668-395865 and Electronic Fund Transfers V33948-V34028 in the grand total amount of $3,037,836.67 2. Regular Payroll for pay period ending October 15, 2021 in the amount of $942,770.56 3. Retiree Payroll for pay period ending October 31, 2021 including Police Retro Pay for January 1st through September 30 in the amount of $69,104.60 ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 AGENDA BILL CITY OF BREMERTON 4B CITY COUNCIL SUBJECT: Minutes of Meeting October Study Session Date: N/A 20, 2021 COUNCIL MEETING Date: November 3, 2021 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on October 20, 2021 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: N/A STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the October 20, 2021 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 CITY COUNCIL VIRTUAL MEETING MINUTES Wednesday, October 20, 2021 A virtual meeting of the City Council of the City of Bremerton was called to order Wednesday, October 20, 2021, at 5:30 PM with Council President Kevin Gorman presiding. Council Members present were Eric Younger, Mike Simpson, Michael Goodnow, Quinn Dennehy, and Leslie Daugs. Council Member Pat Sullivan was absent. Also present were City Attorney Kylie Finnell; City Clerk Angela Hoover; Legislative Office Manager Lori Smith; and IT Manager Dave Sorensen. President Gorman announced that to help reduce the spread of COVID-19, and until the Norm Dicks Government Center is open to the public, the City Council is conducting a virtual meeting, which will remain in effect until further notice Provided a COVID-19 Health Update from the Kitsap Public Health District; th Established the first two dedicated parking stalls will be located at 4 & Park for the Kitsap Transit Van Pool Incentive Pilot Program; and th Notified the public of a safety improvement project in place at 15 Street & Corbet Drive PUBLIC RECOGNITION Comments were provided by Roy Runyon; Bret Burkhart; Anna Mockler; and Melissa Watkinson CONSENT AGENDA 4A Claims & Check Register: Check Numbers 395415 through 395667; and Electronic Fund Transfers V33862 through V33947 in the grand total amount of $4,721,644.25; and Regular Payroll (for Payouts) for pay period ending September 30, 2021 in the amount of $4,879.13 4B Minutes of Meeting October 6, 2021 4C Minutes of Study Session October 13, 2021 4D Amend Term of Reappointment for Will Maupin to the Bremerton Housing Authority Board of Commissioners 4E Purchase of NEOGOV Onboard E-Forms and Programs 4F Change Order No. 14 with Active Construction, Inc. for Kitsap Lake Elementary Safe Routes to School Project; and related Budget Adjustment 4G Purchase of 2022 International Navistar HV Cab and Chassis from RWC Group, Ltd. 4H Purchase of a Stainless-Steel Dump Body, Biosolids Spreader Attachments and other associated equipment from The Fab Shop 4 I Smoking Si Questions and comments from the public were received by Roy Runyon and Joseph Timothy Redal; with responses provided by City Attorney Kylie Finnell 5:53 M/S/C/U (Daugs/Goodnow) Move to approve the C ONSENT A GENDA as presented. PUBLIC HEARINGS Due to technical difficulties, Item 5B 5B PUBLIC HEARING ON ORDINANCE NO. 5434 ADOPTING 2021 COMPREHENSIVE PLAN AMENDMENTS; AND ORDINANCE NO. 5435 ADOPTING ASSOCIATED ZONING CODE AMENDMENTS: Planning Manager Garrett Jackson emphasized that the action before the City City Council Reg. Mtg. Minutes Wednesday, October 20, 2021 Page 2 of 5 Council is to conduct a public hearing for the 2021 Comprehensive Plan Docket and associated zoning code amendments. This action is implemented with two ordinances as follows: 1. Ordinance No. 5434 amends the Comprehensive Plan text to reflect the 2021 amendments 2. Ordinance No. 5435 amends the Zoning Code text to maintain consistency with the amended Comprehensive Plan President Gorman Questions and comments from the public were received by Joseph Timothy Redal, Faye Flemister, Bret Burkhart, Anna Mockler, Shawn Cupples, Roy Runyon, and Jerri Eckmann; with responses provided by Mr. Jackson With no further questions, President Gorman closed the hearing to the public, and opened 6:47 Motions to pass both Ordinance 5434; and Ordinance No. 5435 were made by Goodnow; and seconded by Dennehyon both Ordinance 5434 and Ordinance No. 5435 were provided by Goodnow, Dennehy, Daugs, Simpson, and Younger; with responses provided by Mr. Jackson and Department of Community Development Director Andrea Spencer Council Member Goodnow temporarily left the meeting at approx. 7:10 PM 7:12 M/S/C/U (Goodnow/Dennehy) Move to pass Ordinance No. 5434 adopting 2021 amendments to the Comprehensive Plan text. 7:13 M/S/C/U (Goodnow/Dennehy) Move to pass Ordinance No. 5435 adopting text amendments to Bremerton Municipal Code Title 20, Zoning Code, to be consistent with the 2021 Comprehensive Plan amendments. 5A PUBLIC HEARING ON RESOLUTION NO. 3341 APPROVING THE 2021 COMMUNITY DEVELOPMENT BLOCK GRANT/HOME FUNDING RECOMMENDATIONS FOR INCLUSION IN THE 2022 CDBG/HOME ACTION PLAN: CDBG Program Administrator Sarah Achaoui summarized that on June 16, 2021 City Council approved the 2022 CDBG/HOME Policy Plan outlining the CDBG and HOME funding allocation process. Based on that policy, the Project Review Committee (PRC) has developed the 2022 funding recommendations for Council consideration and approval. If approved, these submissions will be sent to the Department of Housing and Urban President Gorman Questions and comments from the public were received by Shawn Cupples and Roy Runyon; with responses provided by Ms. Achaoui Council Member Goodnow returned to the meeting at approx. 7:29 PM With no further questions, President Gorman closed the hearing to the public, and opened 7:35 Motion was made by Daugs; and seconded by Goodnow provided by Daugs; with responses provided by Ms. Achaoui 7:40 M/S/C/U (Daugs/Goodnow) Move to pass Resolution No. 3341 approving the 2022 funding ARPA funding; and authorize the Mayor to finalize and execute the agency grant agreements with substantially the same terms and conditions as presented. City Council Reg. Mtg. Minutes Wednesday, October 20, 2021 Page 3 of 5 GENERAL BUSINESS 6A PROFESSIONAL SERVICES AGREEMENT WITH RIVER OAKS COMMUNICATION FOR CABLE SERVICES PUBLIC SURVEY, COMMUNITY NEEDS ASSESSMENT AND FRANCHISE RENEWAL LEGAL SERVICES: BKAT Public Access Manager Jon Rauch stated that the 10-year Franchise agreement between the City of Bremerton and Comcast is scheduled to expire July 3, 2023 and per Section 626 of the 1984 Cable we have begun the renewal procedure. The required renewal procedure includes the identification of new community cable telecommunication needs, PEG access review, and a finance review. The process then moves on to negotiation of a new Franchise agreement. This renewal is expected to address the impacts of FCC Order 19-80 capping the Franchise fee at 5% and allowing the market value of governmental lines to be reduced from the Franchise fee. For this reason and to facilitate the necessary community outreach we have engaged with River Oaks Communication and propose a service agreement to use their expertise in this area. Questions and comments from the public were provided by Shawn Cupples, Roy Runyon, and Joseph Timothy Redal; with responses provided by Mr. Rauch; President of River Oaks Communication Corporation Tom Duchen, and Vice President of River Oaks Communication Bob Duchen 7:56 Motion was made by Younger, and seconded by Goodnow Questions and comments were provided by Younger, Goodnow, and Daugs; with responses provided by Tom Duchen and Mr. Rauch 8:02 M/S/C/U (Younger/Goodnow) Move to approve the Professional Services Agreement with River Oaks Communications; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. RD 6B 3 AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BMCCONSULTING, LLC FOR LOBBYING SERVICES: Contracts Administrator Melinda Monroe explained that on October 30, 2018 the City entered into a consulting agreement with BMcConsulting LLC. to provide lobbying services through June 30, 2019. In 2019 the first amendment to this agreement extended services to June 30, 2020. In October 2020, the City issued the second amendment extending the agreement to June 30, 2021. The City has again rd determined that they would like to extend this agreement another year and are issuing a 3 amendment to align this agreement with our budget year, which extends the term of the contract through December 31, 2022. Payment is to remain the same for the same monthly period as stated in the original agreement, not to exceed $54,000 annually. As this amendment typically has a mid-year termination date, this will mean an additional amount of $24,000 through the end of 2021 via a budget adjustment is also requested. Comments from the public were provided by Roy Runyon and Joseph Timothy Redal 8:06 Motion was made by Daugs and seconded by Younger Comments were provided by Daugs, Younger rd 8:17 M/S/C (Daugs/Younger) Move to approve the 3 amendment with BMcConsulting LLC term extension; and related 2021 budget adjustment in the amount of $24,000 and $54,000 in the pending 2022 budget; and also authorize the Mayor to finalize and execute the amendment with substantially the same terms and conditions as presented. Voted in favor of Motion: Younger, Daugs, Dennehy, Goodnow, Gorman Voted opposed to Motion: Simpson Motion carried: 5-Yes; 1-No City Council Reg. Mtg. Minutes Wednesday, October 20, 2021 Page 4 of 5 6C WASHINGTON STATE RECREATION AND CONSERVATION OFFICE (RCO) FUNDING BOARD PROJECT AGREEMENT FOR THE HADDON PARK RENOVATION PROJECT: Parks & Recreation Director Jeff Elevado summarized that the attached Funding Board Project Agreement will provide $850,000 to assist in the renovation of Haddon Park. Improvements include ADA accessible pathways and parking, new restroom, new accessible playground, new picnic shelter, and upgrades to the sports court. Questions and comments from the public were provided by Shawn Cupples, Roy Runyon, and Joseph Timothy Redal; with responses provided by Mr. Elevado 8:29 Motion was made by Daugs and seconded by Dennehy Questions and comments were provided by Daugs, Dennehy, Simpson, Younger, Goodnow; with responses provided by Mr. Elevado 8:38 Amending Motion was made by Simpson to remove the permanent bathroom structure and replace it with Porta Potty. The amending Motion died due to the lack of a Second. 8:43 M/S/C (Daugs/Dennehy) Move to authorize the Mayor to enter into the Funding Board Project Agreement with the State of Washington Recreation & Conservation Funding Board for the Haddon Park Renovation Project; and to finalize and execute the agreement with substantially the same terms and conditions as presented. Voted in favor of Motion: Daugs, Dennehy, Goodnow, Younger, Gorman Voted opposed to Motion: Simpson Motion carried: 5-Yes; 1-No 6D PUBLIC WORKS AGREEMENT WITH STRIPE RITE, INC. FOR THE 2021 PAVEMENT MARKING PROJECT: Managing Engineering Shane Weber stated that the City bid the project using the MRSC Small Public Works Roster, opening bids on September 15, 2021 and two bids were received. Stripe-Rite Inc., is the lowest, responsive responsible bidder with their bid of $ 221,852.50, including sales tax. The project maintains pavement markings, including long line markings, raised pavement markings, and plastic markings on several streets Citywide. Questions and comments from the public were provided by Joseph Timothy Redal, Roy Runyon, and Shawn Cupples; with responses provided by Mr. Weber 9:00 Motion was made by Younger and seconded by Daugs Comments were provided by Mr. Weber 9:03 M/S/C/U (Younger/Daugs) Move to approve the Public Works Agreement with Stipe-Rite, Inc. for the 2021 Pavement Marking Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. President Gorman 6E ORDINANCE NO. 5436 REPEALING SECTION 9A.44.110 OF THE BREMERTON MUNICIPAL CODE ENTIT: Assistant City Prosecutor Maureen McKeeman explained that the current provisions of Section 9A.44.110 of the Bremerton Municipal Code relating to Aggressive Begging are no longer in compliance with legal requirements. The City Council desires to repeal provisions relating to Aggressive Begging in order to remove the provision from the Bremerton Municipal Code and bring Chapter 9A.44 of the Bremerton Municipal Code into compliance with legal requirements. Comments from the public were provided by Roy Runyon City Council Reg. Mtg. Minutes Wednesday, October 20, 2021 Page 5 of 5 9:14 Motion was made by Daugs and seconded by Dennehy Questions and comments were provided by Daugs, Dennehy, and Simpson; with responses provided by Ms. McKeeman 9:18 M/S/C/U (Daugs/Dennehy) Move to approve Ordinance No. 5436 repealing Section 9A.44.110 6F PUBLIC WORKS AGREEMENT WITH DOUBLE D ELECTRICAL, INC. FOR POLICE FACILITY GATE REPAIRS AND REPLACEMENT: Internal Services Manager Chris Mottner stated that on October 7, 2021 Mayor Wheeler and the Public Works Director approved an Emergency Determination to repair the gates at the Police Facility at 1025 Burwell Street that were damaged during a recent vehicle accident. Double D Electric, Inc. was contacted to perform the repairs due to their expertise in this type of work, and the City's past experience with this company. Due to safety and security concerns, these repairs are being expedited. 9:22 Motion was made by Dennehy and seconded by Simpson Questions and comments were provided by Dennehy and Daugs; with responses provided by Ms. Finnell and Mr. Mottner 9:25 M/S/C/U (Dennehy/Simpson) Move to approve the Public Works Agreement with Double D Electrical, Inc. for the gate repairs and replacement at the Police Facility in the amount of $29,811.50 including Washington state sales tax; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL MEMBER REPORTS Michael Goodnow wished everyone a Happy Halloween and urged everyone to get out and vote! Leslie Daugs also reminded everyone to vote; and wished Legislative Office Manager Lori Smith (me!) a Happy Birthday! President Gorman established that Council meetings would continue to be held remotely until further notice, including the Budget Workshops on October 25, October 28, and November 1 (each beginning at 3:00 PM); and the next Study Session on October 27 beginning at 5:00 PM. With no further business, President Gorman adjourned the Council Meeting at 9:30 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager rd APPROVED by the City Council on the 3 day of November, 2021. ________________________________________ KEVIN GORMAN, City Council President Attest: ________________________________________ ANGELA HOOVER, City Clerk KG:AH:ls:cg AGENDA BILL CITY OF BREMERTON 4C CITY COUNCIL SUBJECT: Minutes of Budget Workshop Study Session Date: N/A October 25, 2021 COUNCIL MEETING Date: November 3, 2021 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of the Budget Workshop held on October 25, 2021 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: N/A STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the October 25, 2021 Budget Workshop Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 DIGITAL RECORDING CITY COUNCIL BUDGET WORKSHOP MINUTES Monday, October 25, 2021 A Virtual Budget Workshop of the City Council of the City of Bremerton was called to order on Monday, October 25, 2021, at 3:00 PM, with Council President Kevin Gorman presiding. Council members present were Eric Younger, Mike Simpson, Michael Goodnow, Quinn Dennehy, Leslie Daugs, and Pat Sullivan. Legislative Office Manager Lori Smith and IT Manager Dave Sorensen were available to provide staff support. President Gorman established that to help reduce the spread of COVID-19, and until the Norm Dicks Government Center is open to the public, the City Council is conducting the Budget Workshops via Zoom, and that He further established that members of the public were invited to listen-in to the Budget Workshops, but there will be no opportunities for input; no action is anticipated; and the content of these items is subject to change. Financial Services Director Mike Riley and Budget Analyst Karen Wikle were introduced to lead the discussions by first providing the background on the 2022 Budget process, followed by an overview on General Government Funds; and then led the presentations on all General Fund Departments (except Public Works). President Gorman announced that the next Budget Workshop on Thursday, October 28 would also be held remotely beginning at 3:00 PM, and would focus on the Public Works & Utilities Department. With no further business, President Gorman adjourned the Budget Workshop at 5:48 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager rd APPROVED by the City Council on the 3 day of November, 2021 ______________________________ KEVIN GORMAN, Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk KG:AH:ls:cg AGENDA BILL CITY OF BREMERTON 4D CITY COUNCIL SUBJECT: Minutes of Study Session Study Session Date: N/A October 27, 2021 COUNCIL MEETING Date: November 3, 2021 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Study Session held on October 27, 2021 are attached. ATTACHMENTS: Study Session Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: N/A STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the October 27, 2021 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 CITY COUNCIL STUDY SESSION MINUTES Wednesday, October 27, 2021 A virtual Study Session of the City Council of the City of Bremerton was called to order on Wednesday, October 27, 2021 at 5:00 PM, with Council President Kevin Gorman presiding. Other Council Members present were Eric Younger, Mike Simpson, Michael Goodnow, Quinn Dennehy, and Pat Sullivan. Council Vice-President Leslie Daugs was absent. Also present were Legislative Office Manager Lori Smith and IT Manager Dave Sorensen. President Gorman established that to help reduce the spread of COVID-19, and until the Norm Dicks Government Center is open to the public, the City Council is conducting the Study Session via Zoom, and all Council Members and staff will be participating remotel He further established that the Study Session is open for the public to listen-in, but there will be no opportunities for input; no action is anticipated; and the content of these items is subject to change. If approved by the Council, these items will be placed on the November 3, 2021 City Council Virtual A. BRIEFINGS on AGENDA BILL ITEMS 1. Public Works Agreement for Residential Electrical Service Modifications at E 11th & Perry Ave Consent Agenda 2. Consent Agenda 3. Consent Agenda President Gorman announced that he would recuse himself from item 4 due to a conflict of interest, therefore Finance Committee Chair Goodnow 4. President Gorman 5. Proposed Public Hearing on Revenue Sources for the 2022 City of Bremerton Budget; as st well as the 1 of 2 Public Hearings on the Proposed 2022 City of Bremerton Budget 6. Ordinance to amend and re-establish City Rates & Fees for 2022 General Business 7. Ordinance to amend and re-establish Utility Assessments, Rates, Fees, and Charges for 2022 General Business 8. General Business B. GENERAL COUNCIL BUSINESS o Race Equity Advisory Committee Monthly Briefing Vice Chair Michael Goodnow o Public Works Committee Monthly Briefing Chair Eric Younger o Other General Council Business was briefly discussed. City Council Study Session Minutes Wednesday, October 27, 2021 Page 2 of 2 President Gorman reminded the public that all meetings will be held remotely until further notice, including the next Council Meeting on Wednesday, November 3, 2021 at 6:30 PM. President Gorman further Study Session, the Council would reconvene for an Exempt Closed Session as allowed under RCW 42.30.140 (4) (b) to discuss Labor Negotiations. With no further business, the Study Session was adjourned at 6:31 PM. Prepared and submitted by: ______________________________ LORI SMITH Legislative Office Manager rd APPROVED by the City Council on the 3 day of November, 2021. ______________________________ KEVIN GORMAN, Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk KG:AH:ls:cg AGENDA BILL CITY OF BREMERTON 4E CITY COUNCIL SUBJECT: Minutes of Budget Workshop Study Session Date: N/A October 28, 2021 COUNCIL MEETING Date: November 3, 2021 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of the Budget Workshop held on October 28, 2021 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: N/A STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the October 28, 2021 Budget Workshop Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 DIGITAL RECORDING CITY COUNCIL BUDGET WORKSHOP MINUTES Thursday, October 28, 2021 A Virtual Budget Workshop of the City Council of the City of Bremerton was called to order on Thursday, October 28, 2021, at 3:00 PM, with Council President Kevin Gorman presiding. Council members present were Eric Younger, Mike Simpson, Michael Goodnow, Quinn Dennehy, and Pat Sullivan. Council Vice President Leslie Daugs was absent. Staff support was provided by Legislative Office Manager Lori Smith and IT Manager Dave Sorensen. President Gorman established that to help reduce the spread of COVID-19, and until the Norm Dicks Government Center is open to the public, the City Council is conducting the Budget Workshops via Zoom, and that all Council Members and staff will be particip He further established that members of the public were invited to listen-in to the Budget Workshops, but there will be no opportunities for input; no action is anticipated; and the content of these items is subject to change. Financial Services Director Mike Riley assisted Public Works Director Tom Knuckey in leading the presentations on the Public Works & Utilities Department. President Gorman announced that the next Budget Workshop will be held remotely on Monday, November 1 beginning at 3:00 PM. With no further business, President Gorman adjourned the Budget Workshop at 4:20 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager rd APPROVED by the City Council on the 3 day of November, 2021 ______________________________ KEVIN GORMAN, Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk KG:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL 4F SUBJECT: Study Session Date: October 27, 2021 Public Works Agreement with Henden COUNCIL MEETING Date: November 3, 2021 Electric, Inc. for Residential Electrical Department: PW & Utilities Service Modifications at E 11th & Perry Ave Presenter: Chris Dimmitt Phone: (360) 473-2307 SUMMARY: The City bid the project using the MRSC Small Public Works Roster, opening bids on st October 21, 2021 and 1 bid was received. Henden Electric, Inc. is the lowest responsive, responsible bidder with their bid of $52,401.75, including sales tax. The project consists of residential th electrical work required by PSE overhead electrical relocations in support of the E 11 St and Perry Ave Reconstruction Project on 17 residential properties. This includes upgrades to anchor plates, mast heads, electrical panel replacement, and restoration. ATTACHMENTS: 1) Public Works Agreement 2) Site Plan 3) Bid Tab; FISCAL IMPACTS (Include Budgeted Amount): This project is budgeted in the 2021 Transportation Capital Fund. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: th Move to approve Contract Award to Henden Electric, Inc. for E 11 and Perry Avenue Residential Electrical Service Modifications; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington whose mailing address is . The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: 2. TIME OF COMPLETION. Contractor shall complete the work within FOR PROJECTS WHERE CONTRACTOR REQUESTS TO WAIVE THE PERFORMANCE BOND, AND CITY IS WILLING TO ACCEPT 10% RETAINAGE IN LIEU OF BOND, USE THE FOLLOWING LANGUAGE: 3. COMPENSATION. The City shall pay the Contractor the total amount of $_______________________, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The City shall pay the Contractor ninety percent (90%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this agreement. A. No Performance Bond. Because this contract including applicable sales tax is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. FOR PROJECTS WHERE CONTRACTOR USES A PERFORMANCE BOND, USE THE FOLLOWING LANGUAGE: 3. COMPENSATION. The City shall pay the Contractor the total amount of $____________________________, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a PUBLIC WORKS AGREEMENT Page 1 of 10 (between City of Bremerton and ___________________) Rev. 09/2021 A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor shall provide the City a performance bond for the full contract amount to be in effect until thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. FOR PROJECTS WHERE THE WORK INVOLVED IS ROADWAY, USE THE FOLLOWING LANGUAGE: 3. COMPENSATION. The City shall pay the Contractor the total amount of $___________________________________. Applicable Washington State Retail Sales Tax on this contract shall be governed by WAC 458-20-171 and its related rules for the work contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the the project. A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor shall provide the City a performance bond for the full contract amount to be in effect until thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. \[RETAINAGE: THIS ITEM IS NEGOTIABLE IF WE USE THE 90/10 PAYMENT (NO PERFORMANCE BOND) AND THE CONTRACT IS UNDER $35,000 (WAC 458-20- 217\[7\]). FOR INSTANCE, IF THE PROJECT IS $12,000 AND WILL ONLY TAKE 3 DAYS AND HAS LITTLE RISK OF NON-COMPLETION, WE WOULD PROBABLY NOT KEEP 5% RETAINAGE, BECAUSE WE ARE STILL HOLDING 10% OF THE FINAL PAY ESTIMATE UNTIL WE RECEIVE THE L&I RELEASES.\] B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work PUBLIC WORKS AGREEMENT Page 2 of 10 (between City of Bremerton and ___________________) Rev. 09/2021 Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub- contractors. 5. TERMINATION. The City may terminate this agreement for good cause. A. properly skilled workers or proper materials for completion of the Contract work. B. this agreement. C. - contractors or for material or labor. D. or regulations. E. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. PUBLIC WORKS AGREEMENT Page 3 of 10 (between City of Bremerton and ___________________) Rev. 09/2021 6. PREVAILING WAGES. ndustries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. 7. CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order knew or should have known of the facts and events giving rise to the requested change. If the performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. b. The nature and circumstances that caused the protest. c. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have protest. PUBLIC WORKS AGREEMENT Page 4 of 10 (between City of Bremerton and ___________________) Rev. 09/2021 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. k. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. . The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. PUBLIC WORKS AGREEMENT Page 5 of 10 (between City of Bremerton and ___________________) Rev. 09/2021 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection sole negligence. completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and egligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or sub-contractors. Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and PUBLIC WORKS AGREEMENT Page 6 of 10 (between City of Bremerton and ___________________) Rev. 09/2021 B. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad from property damage; explosion, collapse and underground (XCU) if applicable; and C. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. . Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. separately to each insured against whom claim is made or suit is brought, except with respects to The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obliga-5161, or by th certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6 Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. FOR PROJECTS IN EXCESS OF $10,000 USE THE FOLLOWING INSURANCE LANGUAGE: PUBLIC WORKS CONTRACTS: 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, sub-consultants or sub- contractors. PUBLIC WORKS AGREEMENT Page 7 of 10 (between City of Bremerton and ___________________) Rev. 09/2021 Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and C. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate; and D. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. separately to each insured against whom claim is made or suit is brought, except with respects to The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative -5161, or by th certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6 Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. PUBLIC WORKS AGREEMENT Page 8 of 10 (between City of Bremerton and ___________________) Rev. 09/2021 12. MISCELLANEOUS. A. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Contractor, its subcontractors, or any person acting on behalf of Contractor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. B. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. C. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. D. . Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect F. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. G. . To the extent not inconsistent with RCW 39.04.240, in party shall be responsible for payment of its own legal costs defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the H. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event PUBLIC WORKS AGREEMENT Page 9 of 10 (between City of Bremerton and ___________________) Rev. 09/2021 three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. I. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. J. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. K. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. L. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR THE CITY OF BREMERTON Print Name: Print Name: Title: Title: DATE DATE Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: th 345 6 Street, Suite 100 Bremerton, WA 98337 (360) (360) (facsimile) PUBLIC WORKS AGREEMENT Page 10 of 10 (between City of Bremerton and ___________________) Rev. 09/2021 APPROVED AS TO FORM: Kylie J. Finnell Bremerton City Attorney ATTEST: Angela Hoover, City Clerk R:\\Legal\\Legal\\Forms\\FORMS ON COBWEB\\Public Works Agreement (short form) Rev. 09 2021.doc PUBLIC WORKS AGREEMENT Page 11 of 10 (between City of Bremerton and ___________________) Rev. 09/2021 PREVAILING WAGES 3132 Bwfovf Pdupcfs Qfssz Fbtu!28ui!Tusffu Fbtu!22ui!Tusffu Qfssz!Bwfovf boe Fmfdusjdbm Tusffu Tusffu 26ui 22ui Fbtu Fbtu!21ui!Tusffu F Sftjefoujbm TOTAL 52,401.75 4,326.75 SALES TAX Chris DimmittChris Dimmitt OPENED BY:RECORDED BY: 48,075 $ 52,401.75 $ - $ - BASE BID + CONTINGENCY SUMMARY 1:00 PM BID TABULATION CITY OF BREMERTON Yes BOND TIME OPENED: 10/21/2021 Henden Electric Inc. NAME OF BIDDER BID TITLE:DATE OPENED: ENGINEER ESTIMATE (INC SALES TAX) $60,000-85,000APPARENT LOW BIDDERSECOND LOW BIDDERTHIRD LOW BIDDER AGENDA BILL CITY OF BREMERTON CITY COUNCIL 4G SUBJECT: Study Session Date: October 27, 2021 Ordinance No. 5437 amending Section COUNCIL MEETING Date: November 3, 2021 9.10.020 of the Bremerton Municipal Code Department: Legal regarding Presenter: Melinda Monroe the Tow Truck Roster Phone: (360) 473-5306 SUMMARY: Changes to Section 9.10.020 of the Bremerton Municipal Code include an expansion of the distance that a roster eligible towing company can locate an impound yard from the City of Bremerton. Due to changes in the regional towing market there are now no towing companies listed that have an impound yard within the City of Bremerton. Changes also include clarification of the hours of staff availability and impound release timeframes. ATTACHMENTS: Ordinance No. 5437 FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5437 amending Section 9.10.020 of the Bremerton Municipal Code regulating Tow Roster eligibility requirements. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 ORDINANCE NO. ANORDINANCEof the City Councilof the City of Bremerton,Washington,amendingSection9.10.020 of the BremertonMunicipalCode entitled relating to tow truck rosters. WHEREAS, the City acknowledges that changes in the Impound and Towing provider regional businesses may not allow any vendor to comply with current Bremerton Municipal Code Tow Roster eligibility requirements; and WHEREAS, the City Council desires to update Section 9.10.020 of the Bremerton Municipal Code by amending certain provisions relating to tow truck roster eligibility; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1.Section 9.10.020 of the Bremerton Municipal Code entitled 9.10.020ELIGIBILITY QUALIFICATIONS. In order to be eligible to provide City authorized and City requested towing to the City, a towing operator shall: Own and maintain within the City at least three (3) Class A tow trucks; Own and maintain within the City at least one (1) ClassC tow truck; Maintain an impound lot located within 1 mile(s) ofthe City of Bremerton; and within one-quarter mile of its business office; (d)Whenever an operator is not open for business and does not have personnel present at the impound lot, the operator must posta phone number at that location forpurposes of public contact for release of vehicles and/or personal property. An operator must maintain personnel who can be contacted 24 hours a day to release impounded vehicles within a 60 minute period of time.Maintain a business office within the City manned and opened to the public eight (8)hours per day and five (5) days perweek; provided, however, that during months when a particular towing contractor is providing services to the City and one day thereafter its business office shall be manned and opened to the public twenty-four (24) hours per day and seven (7) days per week; and (e)Possess a valid City of Bremerton business license. SECTION 2.Corrections.The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. Page1of2 City Ordinance Form BMC 9.10 & 9.12 Rev. 09/2021 Tow Truck Updates SECTION 3.Severability.If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity ofthe remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4.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 ____________________, 20___. _________________________________ KEVIN GORMAN, Council President Approved this ________ day of ________________________, 20___. _________________________________ GREG WHEELER, Mayor ATTEST:APPROVED AS TO FORM: ___________________________________________________________________ ANGELA HOOVER, City ClerkKYLIE J. FINNELL, City Attorney PUBLISHED the________ day of ______________________, 20__. EFFECTIVE the________ day of ______________________, 20__. ORDINANCE NO. ________. R:\\Legal\\Legal\\Ordinances\\Finance\\2021.10.19 Ordinance -Chapters 9.10 -Tow Rosters.docx Page2of2 City Ordinance Form BMC 9.10 & 9.12 Rev. 09/2021 Tow Truck Updates AGENDA BILL CITY OF BREMERTON 4H CITY COUNCIL SUBJECT: Ordinance No. 5438 amending Study Session Date: October 27, 2021 Chapter 7.12 of the Bremerton Municipal COUNCIL MEETING Date: November 3, 2021 Dangerous Animals Department: Legal Presenter: Mychael Raya Phone: (360) 473-2345 SUMMARY: inaccurate references to certain subsections of BMC Section 7.04.020. This proposed ordinance seeks to correct the code inaccuracies. ATTACHMENTS: 1) Ordinance No. 5438 FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve Ordinance No. 5438 amending Chapter 7.12 of the Bremerton Municipal Code Dangerous Animals COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 ORDINANCE NO. AN ORDINANCEof the City Council of the City of Bremerton, Washington, amending Chapter 7.12 of the Bremerton Municipal Code entitled “Dangerous Animals.” WHEREAS, in 2010, the City Council passed Ordinance Number 5126, amending Section 7.04.020 of the Bremerton Municipal Code entitled “Definitions”; and WHEREAS, due to the aforementioned amendment(s), the current provisions of Chapter 7.12 of the Bremerton Municipal Code relating to “Dangerous Animals” contain inaccurate referencesto certain subsections of Section 7.04.020; and WHEREAS, the City Council desires to make corrections to the code references; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1.Chapter 7.12 of the Bremerton Municipal Code entitled "Dangerous Animals" is hereby amended to read as follows: Chapter 7.12 DANGEROUS ANIMALS 7.12.010POTENTIALLY DANGEROUS ANIMALS. (a)Declaration of an Animal as Potentially Dangerous. The animal control authority shall have the authority to declare and restrict an animal potentially dangerous, if the animal control authority has probable cause to believe that the animal falls within the definitions set forth in BMC 7.04.020(bbv). The declaration must be based upon: (1)The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of BMC 7.04.020(bbv); (2)Animal bite reports filed with the animal control authority; (3)Actions of the animal witnessed by any employee of the animal control authority or law enforcement officer; or (4)Other substantial evidence. (b)Exclusions. An animal shall not be declared potentially dangerous if the animal control authority determines, by a preponderance of the evidence, that the threat, injury, or bite alleged to have been committed by the animal was sustained by a person who was at the time committing a willful trespass or other tort upon the premises occupied by the owner of the animal, or who was tormenting, abusing, or assaulting the animal, or who had been in the past observed or reported to have tormented, abused, or assaulted the animal, or who was committing or attempting to commit a crime. (c)Restrictions. The animal control authority may impose any or all of the following restrictions on an animal to protect the public safety or other animals: Page 1 of 7 BMC 7.12 Dangerous Animals (1)Training. The animal control authority may require the owner of the potentially dangerous animal and the animal to attend, complete, and pay all costs associated with an accredited obedience/training class or seminar. The animal control authority shall pre- approve any choice of class by the owner of the animal, and proof of satisfactory completion of such training shall be provided to the animal control authority upon completion, even if such type of training has been completed by the animal in the past. (2)Restraint. The animal control authority may require the owner of the potentially dangerous animal to muzzle, leash, collar, confine, lock, isolate, or remove the animal from the City, or any combination of the foregoing. (3)Indemnification. The animal control authority may require the owner of the potentially dangerous animal to prove purchase of liability insurance or bond and renewals in the amount of fifty thousand dollars ($50,000) or more, as set by the animal control authority. The insurer/bond issuer must be qualified under RCW Title48and must provide coverage/funds to offset any injuries inflicted by the potentially dangerous animal. All costs associated with the insurance/bond must be paid by the insured. (4)Warning. The animal control authority may require the owner of a potentially dangerous animal to post all entrances to any property where such animal is located with such visible warning sign(s) as the animal control authority deems necessary. (5)Financial Responsibility. The animal control authority may require the owner of a potentially dangerous animal to pay any costs associated with enforcement of this section including, but not limited to, those stated above. (d)Prohibited Ownership. No person(s) under the age(s) of eighteen (18) years old shall own a potentially dangerous animal, as defined in BMC7.04.020(bbv). (e)Notice of Animal Control Authority Declaration. If the animal control authority receives a report of a potentially dangerous animal, it shall immediately initiate an investigation including, but not limited to, interviewing the complainant(s), interviewing the owner of the animal, if known, and observing the animal. Upon completion of its investigation, if the animal is declared potentially dangerous, the animal control authority shall prepare a written declaration. The declaration shall include, but is not limited to, a description of the animal, the name and address of the owner of the animal, if known, a brief summary of the facts upon which the declaration is based, a statement of any restrictions placed on the animal or owner as a consequence of the declaration, a statement of the penalties for further violations, and notice of the right to appeal the declaration. (f)Service of Notice of Declaration. The animal control authority shall personally serve or send by certified mail its declaration to the owner of the animal. If the owner is unknown, the animal control authority shall make reasonable efforts to notify the owner of its written declaration. (g)Appeal to the Municipal Court Hearing Examiner. The owner of an animal declared potentially dangerous shall have seven (7) calendar days from receipt of the written declaration to appeal the declaration to the municipal court hearing examiner pursuant to BMC2.62.045. Unless otherwise agreed to by the animal owner, the appeal hearing must be scheduled to be heard within twenty-one (21) calendar days from the City’s receipt of the notice of appeal. The municipal court hearing examiner shall provide written notice of the hearing date and time to the owner of the potentially dangerous animal and to the animal control authority. Such notice must be provided at least seven (7) calendar days prior to the scheduled hearing. Page 2of 7 BMC 7.12 Dangerous Animals (h)Hearing Before the Municipal Court Hearing Examiner. At the appeal hearing before the municipal court hearing examiner, the animal control authority shall have the burden of proving that the animal is potentially dangerous by a preponderance of the evidence. The owner of the animal may present evidence in defense of the animal. The municipal court hearing examiner shall weigh the evidence presented by both the animal control authority and the owner (if applicable), and shall issue a written decision to the appealing animal owner and animal control authority that either sustains or reverses the animal control authority’s declaration. (i)Change of Ownership, Custody, and/or Residence. Owners of an animal that has been declared potentially dangerous who sell, barter, or otherwise transfer the ownership, custody, or residence of the animal shall, within fourteen (14) calendar days of the change, inform the animal control authority in writing of the name, address, and telephone number ofthe new owner, and/or the address of the new residence where the animal is located. Such notice shall also include the name, description, and license number of the animal. In the event the ownership and/or custody of the animal changes, the owner shall notify the new owner in writing of the details of the animal’s record relating to being declared potentially dangerous and the terms and conditions of the declaration. The owner shall also provide the animal control authority with a copy of the written notification that shall contain a notarized statement by the new owner acknowledging receipt of the original notification. (j)Failure to Abide by Restraints. Failure on the part of the owner(s) of a potentially dangerous animal to abide by the restraints placed upon the owner(s) or their animal by the animal control authority, municipal court hearing examiner, district court, or superior court may result in impoundment of the potentially dangerous animal by the animal control authority as well as further punitive action pursuant to BMC7.12.020. 7.12.020FAILURE TO CONTROL AN ANIMAL DECLARED POTENTIALLY DANGEROUS. (a)Misdemeanor. When an animal has been previously declared potentially dangerous, by a court, animal control authority or municipal court hearing examiner, the owner of the potentially dangerous animal shall be guilty of a misdemeanor pursuant to BMC1.12.020(2) if such animal is thereafter found: (1)At large; (2)To have, when unprovoked, inflicted a bite(s) upon a human, pet, or livestock either on public or private property; (3)To have chased or approached a person upon the streets, sidewalks, or any other public grounds in such a manner as to significantly threaten the safety of humans, pets, or livestock; or (4)To have caused injury to or otherwise threatened the safety of humans, pets, or livestock. This section shall not preclude immediate criminal prosecution under RCW16.08.100in a first bite situation causing severe injury or death of any human. (b)Impoundment of Potentially Dangerous Animals. In the event that a potentially dangerous animal is impounded due to the owner’s failure to abide by the restraints imposed by the animal control authority, municipal court hearing examiner, district court, superior court or municipal court, the animal shall be forfeited to the animal control authority unless the owner of the animal makes a written request for a hearing before the municipal court hearing examiner in the same manner as an appeal pursuant to BMC2.62.045within seven (7) calendar days of the date the notice of impound was provided. If a hearing is requested, the hearing must be Page 3of 7 BMC 7.12 Dangerous Animals scheduled to be heard within twenty-one (21) calendar days from the City’s receipt of the request for a hearing, unless otherwise agreed to by the animal owner. The municipal court hearing examiner shall determine whether it is in the best interest of the community that the animal should be returned to the owner, forfeited by the owner to the animal control authority, or euthanized by the animal control authority. The municipal court hearing examiner shall provide written notice of the hearing date and time to the owner of the animal and to the animal control authority. Such notice must be provided at least seven (7) calendar days prior to the scheduled hearing. 7.12.030DANGEROUS ANIMALS. (a)Declaration of an Animal as Dangerous. The animal control authority shall have the authority to declare an animal as dangerous if the animal control authority has probable cause to believe that the animal falls within the definition set forth in BMC7.04.020(nj). The declaration must be based upon: (1)The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of BMC7.04.020(nj); (2)Animal bite reports filed with the animal control authority; (3)Actions of the animal witnessed by any employee of the animal control authority or law enforcement officer; or (4)Other substantial evidence. (b)Exclusions. An animal shall not be declared dangerous if the animal control authority determines, by a preponderance of the evidence, that the threat, injury, or bite alleged to have been committed by the animal was sustained by a person who was at thetime committing a willful trespass or other tort upon the premises occupied by the owner of the animal, or who was tormenting, abusing, or assaulting the animal, or who had been in the past observed or reported to have tormented, abused, or assaulted the animal, or who was committing or attempting to commit a crime. (c)Possession Unlawful. It shall be unlawful to possess an animal, inside the City limits of Bremerton, that has been declared to be dangerous by any agency, animal control authority, municipality or court. This prohibition on possession does not apply to the animal control authority or police department. It is a gross misdemeanor to violate this provision. (d)Euthanasia. If the animal control authority determines that the restrictions placed on the ownership of dangerous dogs/animals by Chapter16.08RCW or other applicable state statutes are insufficient to protect the public from a particular animal declared dangerous, the animal control authority may order the animal euthanized. (e) Notice of Animal Control Authority Declaration. If the animal control authority receives a report of a dangerous animal, it shall immediately initiate an investigation including, but not limited to, interviewing the complainant(s), interviewing the owner ofthe animal, if known, and observing the animal. Upon completion of its investigation, if the animal is declared dangerous, the animal control authority shall prepare a written declaration. The declaration shall include, but is not limited to, a description of the animal, the name and address of the owner of the animal, if known, a brief summary of the facts upon which the declaration is based, a statement of any restrictions placed on the animal or owner as a consequence of the declaration, a statement of the penalties for further violations, and notice of the right to appeal the declaration. Page 4of 7 BMC 7.12 Dangerous Animals (f)Service of Notice of Declaration. The animal control authority shall personally serve or send by certified mail its declaration to the owner of the animal. If the owner is unknown, the animal control authority shall make reasonable efforts to notify the owner of its written declaration. (g)Appeal to the Municipal Court Hearing Examiner. The owner of an animal declared dangerous shall have seven (7) calendar days, from receipt of the written declaration, to appeal the declaration of the animal control authority to the municipal court hearing examiner pursuant to BMC2.62.045. Unless otherwise agreed to by the animal owner, the appeal hearing must be scheduled to be heard within twenty-one (21) calendar days from the City’s receipt of the notice of appeal. The municipal court hearing examiner shall provide written notice of the hearing date and time to the owner of the animal and the animal control authority. (h)Hearing Before the Municipal Court Hearing Examiner. At the appeal hearing before the municipal court hearing examiner, the animal control authority shall have the burden of proving that the animal is dangerous by a preponderance of the evidence. The owner of the animal may present evidence in defense of the animal. The municipal court hearing examiner shall weigh the evidence presented by both the animal control authority and the owner (if applicable), and shall issue a written decision to the appealing animal owner and animal control authority that either sustains or reverses the animal control authority’s declaration. If the declaration is sustained or reversed by the municipal court hearing examiner, the appealing animal owner or the animal control authority shall be notified of the right to appeal. If the declaration is reversed and an appeal is not timely filed by the animal control authority, any restrictions on the animal previously imposed shall be annulled. (i)Change of Ownership, Custody, and/or Residence. Owners of an animal that has been declared dangerous who sell, barter, or otherwise transfer the ownership, custody, or residence of the animal shall, within fourteen (14) calendar days of the change, inform the animal control authority inwriting of the name, address, and telephone number of the new owner, and/or the address of the new residence where the animal is located. Such notice shall also include the name, description, and license number of the animal. In the event the ownership and/or custody of the animal changes, the owner shall notify the new owner in writing of the details of the animal’s record relating to being declared dangerous and the terms and conditions of the declaration. The owner shall also provide the animal control authority with a copy of the written notification that shall contain a notarized statement by the new owner acknowledging receipt of the original notification. 7.12.040POSSESSION OF AN ANIMAL DECLARED DANGEROUS. (a)Gross Misdemeanor. When an animal has been previously declared dangerous, by a court, animal control authority or municipal court hearing examiner, the owner of the dangerous animal shall be guilty of a gross misdemeanor pursuant to BMC1.12.020(1) if such animal is thereafter found: (1)In the owner’s possession inside Bremerton City limits; or (2)Inside City limits under circumstances evidencing that the animal was intentionally brought into the City by the owner or at the request or acquiescence of the owner. (b)Impoundment of Dangerous Animals. In the event that a dangerous animal is impounded due to the animal being found within the Bremerton City limits, the animal shall be forfeited to the animal control authority unless the owner of the animal makes a written request for a hearing within seven (7) calendar days of the date the notice of impound was provided to Page 5of 7 BMC 7.12 Dangerous Animals the owner of the animal. If a hearing is requested, the hearing must be scheduled to be heard within twenty-one (21) calendar days from the day of the City’s receipt of the request for a hearing before the municipal court hearing examiner in the same manner as an appeal pursuant to BMC2.62.045unless otherwise agreed to by the animal owner. The municipal court hearing examiner shall determine whether it is in the best interest of the community that the animal should be returned to the owner, forfeited by the owner to the animal control authority, or euthanized by the animal control authority. The municipal court hearing examiner shall provide written notice of the hearing date and time to the owner of the potentially dangerous animal and to the animal control authority. Such notice must be provided at least seven (7) days prior to the scheduled hearing. SECTION 2.Corrections.The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 3.Severability.If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity ofthe remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4.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 ____________________, 20___. _________________________________ KEVIN GORMAN, Council President Approved this ________ day of ________________________, 20___. _________________________________ GREG WHEELER, Mayor ATTEST:APPROVED AS TO FORM: ___________________________________________________________________ ANGELA HOOVER,City ClerkKYLIE J. FINNELL, City Attorney Page 6of 7 BMC 7.12 Dangerous Animals PUBLISHED the________ day of ______________________, 20__. EFFECTIVE the________ day of ______________________, 20__. ORDINANCE NO. ________. R:\\Legal\\Legal\\Ordinances\\Legal\\2021.10.15 Ordinance -BMC 7.12 -Dangerous Animals -FINAL.docx Page 7of 7 BMC 7.12 Dangerous Animals AGENDA BILL CITY OF BREMERTON 5A CITY COUNCIL Updated SUBJECT: Study Session Date: October 27, 2021 Public Hearing on Revenue Sources for the COUNCIL MEETING Date: November 3, 2021 Proposed 2022 City of Bremerton Budget Department: Financial Services Presenter: Karen Wikle Phone: (360) 473-5296 SUMMARY: 2 Proposed Budget. The proposed budget anticipates property and EMS levy increases of the full 1% allowed by law and leaves utility tax rates unchanged. The proposed budget also adjusts for the increase to the B&O tax exemption rate to $1,000,000 and includes interfund transfers between funds where appropriate. Overall, the revenue projections throughout all funds remain conservative. ATTACHMENTS: Exhibit A Revenue Sources Updated The 2022 at https://www.bremertonwa.gov/2022budget FISCAL IMPACTS (Include Budgeted Amount): Total proposed general fund revenue, without beginning fund balance, is $51,737,846. With beginning fund balance, total general fund revenue is $68,268,363. Total proposed revenue city wide, without beginning fund balance, is $153,592,090. With beginning fund balance, total revenue city wide is $224,964,542. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Open Hearing for Public Comment COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 AGENDA BILL 5B CITY OF BREMERTON CITY COUNCIL Updated SUBJECT: Public Hearing (1 of 2) on Study Session Date: Budget Workshops Proposed 2022 City of Bremerton Budget COUNCIL MEETING Date: November 3, 2021 Department: Financial Services Presenters: Karen Wikle Phone: (360) 473-5296 SUMMARY: on the 2022 Proposed Budget. Budget workshops were held on October 25, October 28, and November 1 proposed budget was presented to Council. Public comments will be taken into consideration before Council adopts a final ordinance. ATTACHMENTS: The 2022 at https://www.bremertonwa.gov/2022budget FISCAL IMPACTS (Include Budgeted Amount): Total proposed general fund expenditures, without ending fund balance, is $58,029,552. With ending fund balance, total general fund expenditures are $68,268,363. Total proposed expenditures city wide, without ending fund balance, is $171,275,811. With ending fund balance, total expenditures city wide is $224,964,542. STUDY SESSION AGENDA: No Presentation Full Presentation - Budget Workshops STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: This first Public Hearing will be opened tonight to receive comments from the public only. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 From:Karen Wikle To:City Council Cc:Jeff Elevado;Mike Riley;Sheri Jackson Subject:Question/Answer Responses to 10/25/2021 Budget Workshop Date:Thursday, October 28, 2021 1:50:17 PM Attachments:QA_Budget Workshop_10.25.2021.pdf GF_Parks Maint_576.8051_FY2022 Proposed Budget_Expenditure Report.pdf 6-Year Renovation and Capital Facilities Plan (PROS 2020).pdf ARPA Presentation for Bremerton Final.pdf Haddon Park Service Area.pdf Good Afternoon Please see responses to Council questions from Monday’s budget workshop. I am also attaching some additional requested items. Any questions, please let me know. Thank you! Karen Wikle Budget Analyst City of Bremerton th 345 6 Street, Suite 100 Bremerton, WA 98337 (360) 473-5296 Office karen.wikle@ci.bremerton.wa.us CƩƚƒʹMike Riley <Mike.Riley@ci.bremerton.wa.us> {ĻƓƷʹMonday, November 1, 2021 11:06 AM ƚʹ Eric Younger <eric.younger@ci.bremerton.wa.us>; Kevin Gorman <Kevin.Gorman@ci.bremerton.wa.us>; Leslie Daugs <Leslie.Daugs@ci.bremerton.wa.us>; Michael Goodnow <Michael.Goodnow@ci.bremerton.wa.us>; Mike Simpson <Mike.Simpson@ci.bremerton.wa.us>; Pat Sullivan <Pat.Sullivan@ci.bremerton.wa.us>; Quinn Dennehy <Quinn.Dennehy@ci.bremerton.wa.us>; City Council <City.Council@ci.bremerton.wa.us> /ĭʹ Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; Karen Wikle <Karen.Wikle@ci.bremerton.wa.us>; Lori Smith <Lori.Smith@ci.bremerton.wa.us>; Christine Grenier <Christine.Grenier@ci.bremerton.wa.us> {ǒĬƆĻĭƷʹ RE: 2022 Proposed Budget Document Council, Please see the attached Business and Occupation tax scenarios. Please let me know if you have any questions. See you all this afternoon! Thank you and have a great day! Mike CƩƚƒʹ Eric Younger <eric.younger@ci.bremerton.wa.us> {ĻƓƷʹ Monday, November 1, 2021 10:35 AM ƚʹ Mike Riley <Mike.Riley@ci.bremerton.wa.us> /ĭʹ City Council <City.Council@ci.bremerton.wa.us>; Kevin Gorman <Kevin.Gorman@ci.bremerton.wa.us>; Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> {ǒĬƆĻĭƷʹ Re: 2022 Proposed Budget Document Response requested regarding status of B&O tax data. On Oct 31, 2021, at 10:34 AM, Eric Younger <eric.younger@ci.bremerton.wa.us> wrote: Mike: Can you forward me the general fund PowerPoint instead of making me find it in a video? In particular I am interested in information related to sales tax reven asked for on Wednesday. Hard to propose a change to the budget without having the data. - Eric On Oct 29, 2021, at 10:04 AM, Mike Riley <Mike.Riley@ci.bremerton.wa.us> wrote: Council, Attached is the link with the updated recordings from ‘ƚƩƉƭŷƚƦ ϔЊ ΏDĻƓĻƩğƌ DƚǝĻƩƓƒĻƓƷ and ‘ƚƩƉƭŷƚƦ ϔЋ ΏtǒĬƌźĭ ‘ƚƩƉƭ. If you have any questions, please let Karen or myself know. http://bremertonwa.gov/1267/2022-Proposed-Annual-Budget Thank you and have a great weekend! Michael Riley Director of Financial Services City of Bremerton 360-473-5303 office 360-277-1339 mobile From: Eric Younger <eric.younger@ci.bremerton.wa.us> Sent: Monday, November 1, 2021 11:47 AM To: John Morrissey <jmorrissey@kitsapcu.org>; City Council <City.Council@ci.bremerton.wa.us> Subject: Fwd: Main Street Association Thanks John - I am going to share this with the entire council so they have the background material to read (hopefully) before our meeting. Lori/Christine: Could you please forward this to the entire Council? Council - please do not forward or respond to avoid a rolling quorum. - Eric Begin forwarded message: From: John Morrissey <jmorrissey@kitsapcu.org> Date: November 1, 2021 at 11:25:30 AM PDT To: Eric Younger <eric.younger@ci.bremerton.wa.us> Cc: Michael Goodnow <Michael.Goodnow@ci.bremerton.wa.us> Subject: RE: Main Street Association CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Eric, Thank you for the follow-up. I've attached a copy of what I've sent to Mayor Wheeler in the past. It will give you a little background on the Main Street approach and history of it here in our state. As you have already heard from myself (and hopefully others), the Downtown Bremerton Association is an affiliate of the Main Street program. We've applied multiple times to become a full Main Street community. We've been told that for a city the size of Bremerton, we need to have a full-time employee and 'city buy-in' (meaning the city contributes in-kind or monetarily to support our organization). In fact in more than 75% of the cities that have a Main Street Organization, the city provides direct funding. I'd like to inquire if the city could set aside up to $50,000 for the next 2 years for the Downtown Bremerton Association. Once we are able to meet those criteria, we should be self-sustaining! Once we are a designated community, we can keep up to $250,000 per year of state B&O Taxes right here in Bremerton! I will also let you know that we were just selected by the Washington Main Street Organization to begin to participate in a leadership cohort! They also want us to be successful and become a full-fledged community as well. Long story short, there is a lot of momentum going our direction right now...we really would love for the City of Bremerton to be in alignment as well. If everything falls into place, we may be having a very different conversation this time next year! Let me know if there are any additional questions at all, I'd be happy to answer either by phone or email. I also know that Councilmember Goodnow is also very knowledgeable about the program, as he is affiliated with the only Main Street program currently in Kitsap. We hope to remedy that! Cheers, John Morrissey, NMLS# 542853 Business Development Manager (360) 662-2138 direct (800) 422-5852 x22138 (360) 801-9625 mobile P.O. Box 990, Bremerton, WA 98337 kitsapcu.org CONFIDENTIALITY NOTICE This e-mail and any attachments are for the sole use of the intended recipients and contain information that may be confidential or legally privileged. If you have received this e-mail in error, please notify the sender by reply e-mail and delete the message. Any disclosure, copying, distribution, or use of this communication by someone other than the intended recipient is prohibited. -----Original Message----- From: Eric Younger <eric.younger@ci.bremerton.wa.us> Sent: Wednesday, October 27, 2021 10:55 AM To: John Morrissey <jmorrissey@kitsapcu.org> Cc: gena@bremertonchamber.org; Michael Goodnow <Michael.Goodnow@ci.bremerton.wa.us> Subject: Main Street Association ***The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.*** John: Can you provide me a brief write- form/support the Bremerton Mainstreet Association? Given the apparent healthy outlook for our budget for next y 2022 are $3.2 million. Please consider listing the long-term benefits for the City in your proposal. This is not my area of now as well. to the budget on Monday. - Eric 206-375-0641 Information for Mayor Wheeler Since 1984, the Washington State Main Street Program has been helping communities revitalize the economy, appearance, and image of their downtown commercial districts using the successful Main Street Four-Point Approach®. Main Street is a comprehensive, incremental approach to revitalization built around a community's unique heritage and attributes. Using local resources and initiative, the state program helps communities develop their own strategies to stimulate long term economic growth and pride in the heart of the community- downtown. In 2010 the Main Street Program was moved from the Department of Commerce to the Department of Archaeology & Historic Preservation. The program is managed (under contract) by the Washington Trust for Historic Preservation. The Main Street tax credit incentive program provides a Business & Occupation (B&O) or Public Utility donation request is approved by the Department of Revenue, you are eligible for a tax credit worth 75% of the contribution to your downtown revitalization organization. Designated Washington Main Street Communities are eligible to receive contributions through this state tax credit program. Businesses statewide can also donate to the Main Street Trust Fund. In this case, the tax credit is worth 50% of your donation. In fact, a business can donate to both up to $250,000. What other program essentially lets you self-direct your business taxes? Further, if your downtown organization is a 501(c)3 you may be eligible for a federal income tax deduction as a charitable contribution. The Main Street Tax Credit Program is established in RCW 82.73. The Basic Facts: izations must be officially designated a Washington Main Street Community by the Washington State Main Street Program (WSMSP) to be eligible to receive contributions through the Main Street Tax Credit Incentive Program (MSTCIP). to the Main Street Trust Fund helps support revitalizing downtowns across the state! Building the capacity of the statewide program provides services to eligible downtown organizations. How Do You Actually Get The Tax Credit? ed to file their state excise tax electronically. step-by-step instructions on our website! e donation is made and sorry, but the tax tax liability. From: Jim McDonald <jimmc90@gmail.com> Sent: Friday, October 22, 2021 6:37 PM To: City Council <City.Council@ci.bremerton.wa.us> Cc: Mike Riley <Mike.Riley@ci.bremerton.wa.us>; Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; Jim McDonald <jimmc90@gmail.com> Subject: 2022 Budget Council Members, I have reviewed the 2022 budgetand have the following comments and proposed changes. As many of you know, this is your budget presented by the Administration and you are free to make changes that you feel are necessary or beneficial. I support the increase in the B&O exemption. The B&O tax is a horrible tax because it taxes a business even when it is losing money. Kitsap County, Port Orchard, and Poulsbo do not have B&O taxes, so Bremerton's tax is a big disincentive to open a Bremerton business. I would recommend that you increase the 2022 exemption to $300,000 and then continue with your $20k increases after that. I am concerned that the budget proposes freezing utility rates. The City's utilities operate as independent funds. In the past, keeping utility rates lower than cost increases led to shockingly big increases in the future because our needed capital projects were underfunded. Please follow your own utility rate studies and raise rates as appropriate. I am also concerned with the new fire department hiring. Bremerton has the most expensive fire department in the county (I also think it is the best). Every other homeowner in the other cities and county are in fire districts.Fire districts are limited to collecting up to one-dollar of taxes per each $100,000 of assessment (and then 50 cents for EMS services for $1.50 per thousand total. I haven't checked lately, but last time I did, our expense was much higher. Please ask your financial resources for this metric and make your decision accordingly. The City of Seattle funds the Parks Department to provide 1000 trees a year to residents that want to plant a street or yard tree inside the city limits. The Parks Department provides the appropriate tree selection based on location, planting instructions, a watering bag if needed, and even volunteers to help plant the trees (I would sign up for that!) I am requesting that you fund the Parks Department for a similar program but start at a much smaller scale (maybe 100 trees). I think you all know the benefits of an urban forest. However, it is often noted that the poorer areas have less trees and therefore hotter temperatures. I know the Council has been trying to allocate more funds to streets and sidewalks. I still think you should do more. Your ending fund balances have grown considerably. Use some of those funds to catch up on years and years of deferred and neglected maintenance. I know this stresses the Public Works Department, but you should tasked them with a way to get more done. Many of our streets are in some need and the longer you defer maintenance, the more the repair costs. And if you are really interested in supporting both community and business, you should consider making Pitt Avenue south of East 11th one-way southbound with angled parking and a bike lane and do the same with Scott Avenue south of East 11th Street as northbound. I know the Manette business community supports this project. It would make it safer, more attractive, and add defined parking (now people park wherever). I have also noted a lot more graffiti around the City. Have you stopped funding code enforcement and Public Works involvement? That's it for now. Carryon! R, Jim McDonald Bremerton From:Jim McDonald To:City Council Cc:Mike Riley;Greg Wheeler Subject:Another Budget Comment Date:Tuesday, October 26, 2021 6:22:10 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council members, In my last email, I forgot one additionalproject you should consider for funding: A permanent stage on the boardwalk. The Parks Department must now spend the labor hours every year to set up and take down a temporary stage. This stage is not adequate for a good entertainment venue. I have witnessed a drummer who had to stop playing because the sun was beating down on him and he finally succumbed to the heat and his exertion. A permanent stage could be used a lot more often than just the summer months. The Parks Department could rent it out and manage it like its picnic shelters. To complement the stage, the concert area would be more functional if part of the grand staircase was covered so people could get out of the sun or rain. I would suggest adding some planning dollars in the Parks Department budget so they can bring back several proposals to you. Either do a mid-year budget adjustment to fund the project or put it into the 2023 budget. Respectfully, Jim McDonald AGENDA BILL CITY OF BREMERTON CITY COUNCIL 6A SUBJECT: Study Session Date: October 27, 2021 Ordinance No. 5439 amending and re-COUNCIL MEETING Date: November 3, 2021 establishing City Rates & Fees for 2022 Department: All Presenter: Mike Riley Phone: (360) 473-5303 SUMMARY: Each year, as part of the budget process, the various City departments review their charges, rates and fees for services and make recommendations on any changes needed. The attached included recommended changes to fees charged by the various departments. ATTACHMENTS: 1. Ordinance No. 5439; and 2) Exhibit A FISCAL IMPACTS (Include Budgeted Amount): Impacts to revenues are dependent on the demand for services. The 2022 proposed budget does anticipate the approval of the ordinance and related rate tables. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5439 amending and re-establishing City Rates and Fees for 2022. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 ORDINANCE NO. 5439 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending and reestablishing rates and fees for services established in Ordinance No. 5405 relating to Animal Department of Community Development, Department of Financial Services, Fire Department, Gold Mountain Golf Course, Ivy Green Cemetery, Kitsap Conference Center, Municipal Court, Parking, Parks and Recreation Department, Police Department, Public Records, Department of Public Works and Utilities, Tax & License, Telecommunications, Transportation Benefit District, and other related services. WHEREAS, the City Council, by this ordinance, desires to amend and reestablish the rates and fees established in Ordinance No. 5405; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Rate Tables Amended and Reestablished. The rates and fees Community Development, Department of Financial Services, Fire Department, Gold Mountain Golf Course, Ivy Green Cemetery, Kitsap Conference Center, Municipal Court, Parking, Parks and Recreation Department, Police Department, Public Records, Department of Public Works and Utilities, Tax & License, Telecommunications, Transportation Benefit District, and other related services, as set forth in Exhibit A of Ordinance No. 5405, are hereby amended and reestablished in their entirety as set forth in the attached Exhibit A of this ordinance, said exhibit is incorporated herein by this reference. SECTION 2. Rate Tables - Effective Date. The amendment and reestablishment of rate tables as set forth in Section 1 above shall be effective January 1, 2022. SECTION 3. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 4. Severability. If any one 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 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. Page 1 of 2 2022 Rates & Fees PASSED by the City Council the___________ day of November, 2021. _________________________________ KEVIN GORMAN, Council President Approved this ________ day of November, 2021. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ ANGELA HOOVER, City Clerk KYLIE FINNELL, City Attorney PUBLISHED the ________ day of ______________________, 2021. EFFECTIVE the ________ day of ______________________, 2021. ORDINANCE NO. ________. Page 2 of 2 2022 Rates & Fees AGENDA BILL CITY OF BREMERTON CITY COUNCIL 6B SUBJECT: Study Session Date: October 27, 2021 Ordinance No. 5440 amending and re-COUNCIL MEETING Date: November 3, 2021 establishing Utility Assessments, Rates, Department: Financial Services and Fees and Charges for 2022 PW&U Presenter: Mike Riley/Tom Knuckey Phone: (360) 473-5303 SUMMARY: Ordinance to amend and re-establish the 2022 Utility Assessments, Rates, Fees, and Charges. ATTACHMENTS: 1. Ordinance No. 5440; and 2) Exhibit A FISCAL IMPACTS (Include Budgeted Amount): 2022 rates have been adjusted in accordance with the Bremerton Municipal Code. The Utility rates are incorporated in the 2022 Proposed Budget. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5440 amending and re-establishing 2022 Assessments, Rates, Fees, and Charges for Water, Wastewater, Stormwater, and other related services. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 ORDINANCE NO. 5440 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending and reestablishing the assessments, rates, fees and charges established in Ordinance No. 5406 regarding rates and fees relating to the Department of Public Works and Utilities for water, wastewater, stormwater and other related services. WHEREAS, the City Council desires to amend and reestablish the assessments, ratesd Utilities for general facility charges and water, wastewater, stormwater, and other related services established in Exhibit A of Ordinance No. 5406; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Rate Tables established. Rates and fees for services relating to the Department of Public Works and Utilities for general facilities charges and water, wastewater, stormwater, and other related services, as established in Exhibit A of Ordinance No. 5406, are hereby amended and reestablished in their entirety as set forth in the attached Exhibit A of this ordinance, said exhibit is incorporated herein by this reference. SECTION 2. Rate Tables Effective Date. The amendment and reestablishment of rate tables as set forth in Section 1 above shall be effective January 1, 2022. SECTION 3. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 4. Severability. If any one 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 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 November, 2021. _________________________________ KEVIN GORMAN, Council President 1 2022 Utilities Rates and Fees Approved this ________ day of November, 2021. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk KYLIE FINNELL, City Attorney PUBLISHED the ________ day of ______________________, 2021. EFFECTIVE the ________ day of ______________________, 2021. ORDINANCE NO. ________. 2 2022 Utilities Rates and Fees AGENDA BILL CITY OF BREMERTON 6C CITY COUNCIL SUBJECT: Study Session Date: October 27, 2021 Acceptance of Lodging Tax Advisory COUNCIL MEETING Date: November 3, 2021 2 Funding Department: City Council Recommendations Michael Goodnow Presenter: LTAC Chair Phone: (360) 473-5280 SUMMARY: The Lodging Tax Advisory Committee (LTAC) received fourteen (14) requests for funding totaling $469,500. The focus of the committee was on re-opening venues and facilities that support tourism; supporting organizations that provide tourism related activities and destination marketing or outreach; and restoring long-time successful events that are attempting to restart after the pandemic. After interviews were held on October 1 and 8; followed by review and deliberations on October 15, funding recommendations for 12 of the 14 applicants for a total allocation of $200,000 through Fiscal Year 2022 are now being presente (Exhibit A). Please note that these recommendations exclude pre-dedicated funding already included in the City 2 Budget for the following: $250,000 for Operations of the Kitsap Conference Center $150,000 for Operations of the Admiral Theatre ATTACHMENTS: 1) Exhibit A LTAC Funding Recommendations for 2022 FISCAL IMPACTS (Include Budgeted Amount): RCW 67.28 specifies that recommendations may either be accepted or rejected. If any individual recommendation is rejected by City Council, then the proposed change must be submitted to the LTAC for review and comment, allowing for up to 45 days before final action on the funding is taken. Funding may only be allocated to the list of eligible applicants provided by the LTAC. A delay in funding could potentially impact event planning in progress by organizations. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: 2 Funding Recommendations per Exhibit A. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 EXHIBIT A FY 2022 Bremerton Lodging Tax Funding Recommendations Organization Proposed Use of Funding Request Recommendations Bremerton Tourism Promotion $5,000 $5,000 Symphony Association 2021-2022 Season Puget Sound Tourism Promotion & Operations $10,000 $5,000 Navy Museum Year-Round Bremerton Tourism Promotion & Operations $25,000 $16,500 Bremerton Bridge Blast (June 25, 2022) Bridge Blast Blackberry Festival Tourism Promotion & Operations $15,000 $10,000 Blackberry Festival (Sept. 3-5, 2022) Bremerton Tourism Promotion Historic Ships Year-Round $67,000 $40,000 Association Admiral Theatre Tourism Promotion $50,000 0 2021-2022 Season Visit Kitsap Peninsula Tourism Promotion & Operations $25,000 $12,000 Year-Round Kitsap Historical Tourism Promotion & Operations Kitsap County Fair (TBD Aug. 2022) Society & Museum $25,000 $11,500 Kitsap Antique Show (TBD Sept. 2022) Experience Kitsap Tourism Promotion $20,000 0 Bremerton Bright Tourism Promotion & Operations $75,000 $5,000 Bremerton Bright (July 15-20, 2022) Mural Festival Washington State Tourism Promotion & Operations Science & Engineering Jr. Science & Humanities Symposium $45,000 $32,000 Fair (WSSEF) (February 19-20, 2022) WSSEF (April 1-2, 2022) West Sound Operations $7,500 $5,000 West Sound Film Festival (August 2022) Film Festival Downtown Bremerton Tourism Promotion & Operations $50,000 $33,000 Association Visitor Center Staffing & Expanded Hours Bremerton Chamber of Tourism Promotion & Operations Commerce Bremerton Armed Forced Day Parade & $50,000 $25,000 Festival (TBD May 2022) Visitor Center Staffing & Expanded Hours Grand Total $469,500 $200,000 Page 55 : LODGING TAX - 0 - : - 0 - Bremerton Symphony Association $5,000 Puget Sound Navy Museum $5,000Bremerton Bridge Blast $16,500Blackberry Festival $10,000Bremerton Historic Ships Association $40,000Admiral Theatre (additional request) Visit Kitsap Peninsula $12,000Kitsap Historical Society & Museum $11,500Experience Kitsap Bremerton Bright Mural Festival $5,000 Washington State Science & Engineering Fair $32,000West Sound Film Festival $5,000Downtown Bremerton Association $33,000Bremerton Chamber of Commerce $25,000Admiral Theatre $150,000 Kitsap Conference Center $250,000 Recommended Funding to the following for Marketing and Operation of Events and Venues Supporting Tourism••••••••••••••Dedicated Funding through 2022••Total Anticipated Revenue to be Allocated $600,000