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HomeMy WebLinkAbout02/08/2023 STUDY SESSION AGENDA PACKET_______________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 WEDNESDAY, FEBRUARY 8, 2023 CITY COUNCIL STUDY SESSION AGENDA Starting at 5:00 PM in the First Floor Meeting Chambers The First Floor Meeting Chambers will be open to the public to attend the Study Session in-person, but there will be no opportunities for input. Public questions or comments may be submitted at any time to City.Council@ci.bremerton.wa.us. Please remember that the content of the Agenda Bill items is subject to change; and no action is anticipated. If approved by the Council, these items will be placed on the February 15, 2023 City Council Meeting Agenda, or as indicated… Members of the public may click the link below to join the webinar: https://us02web.zoom.us/j/87318266756?pwd=ZWlMVnVYbFBHYjY5U1RJUmFreDFXUT09 Passcode: 857582 Or One tap mobile: US: +12532050468,,87318266756#,,,,*857582# or +12532158782,,87318266756#,,,,*857582# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 205 0468 or +1 253 215 8782 or +1 346 248 7799 or +1 669 444 9171 or +1 669 900 6833 Webinar ID: 873 1826 6756 Passcode: 857582 A.BRIEFINGS ON AGENDA BILL ITEMS 1.Informational Briefing in preparation for the AWC City Action Days Conference to be held with Legislators in Olympia on February 15 & 16, 2023 - Council President Jeff Coughlin and Bryan McConaughy with BMcConsulting 2.Set Annual Compensation for the Bremerton Municipal Court Judge effective July 1, 2022 3.Purchase of 2023 Excess Workers’ Compensation Insurance with Midwest Employers Casualty Company 4.Ordinance amending Section 2.50.032 of the Bremerton Municipal Code relating to Promotions, Salary, and Benefits 5.Change Order No. 2 to Contract with Active Construction, Inc. for Oyster Bay Beach Sewer Upgrades Project 6.Street Fund Budget Adjustment for the PSE-owned Streetlight LED Conversion Program 7.Ordinance adding Chapter 9.90 to the Bremerton Municipal Code entitled “Controlled Substances” B.GENERAL COUNCIL BUSINESS Public Safety Committee Briefing (Last Meeting 2/02/23) – Vice Chair Jennifer Chamberlin Regional and Other Committee/Board Briefings Continued discussion on Joint Planning Session (1/28/23) – Council President Jeff Coughlin Other General Council Business (As necessary, and as time allows...) C.ADJOURNMENT OF STUDY SESSION Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk’s Office at (360) 473-5323 at least 24 hours prior to the meeting. Form Created 5/4/15 INFORMATION ONLY ITEM CITY OF BREMERTON CITY COUNCIL SUBJECT: Informational Briefing in preparation for the AWC City Action Days Conference to be held with Legislators in Olympia on February 15 & 16, 2023 Study Session Date: February 8, 2023 Presenter: President Coughlin & Bryan McConaughy, BMcConsulting Phone: (360) 473-5280 SUMMARY: Bryan McConaughy will provide an update to City Council in preparation of the AWC City Action Days Conference. HANDOUTS: 1) Email Added STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation A1 Updated 2/8/23 From: Bryan McConaughy/BMcConsulting <bryan@bmcconsulting.net> Sent: Wednesday, February 8, 2023 11:23 AM To: Lori Smith <Lori.Smith@ci.bremerton.wa.us> Cc: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Subject: Information for tonight Lori – You are welcome to share the following documents via the links below: https://www.google.com/url?q=https://wacities.org/advocacy/News/advocacy- news/2023/01/27/bills-related-to-police-vehicle-pursuits-up-for-hearing-this- week&sa=D&source=calendar&usd=2&usg=AOvVaw1wvLOE-RV0S5xeia-79nsJ https://wacities.org/docs/default- source/legislative/hotsheet1f294349b78160ed9eadff0000bbe4eb.pdf?sfvrsn=952f5e4f_ 146 Along with my comparison write-up of Blake legislation that I sent to the Mayor and Police Chief: 5536 vs 5467 (Taken from AWC write-up with some changes) Both bills make ‘knowing’ possession of a controlled substance a gross misdemeanor and encourage individuals to participate in treatment programs in lieu of criminal penalties. They have similar intents with different approaches to treatment-based diversion. It is understood that SB 5536 is the bill that will likely advance. Sen. June Robinson (D–Everett) introduced SB 5536. Like Sen. Salomon’s bill, SB 5536 would make knowing possession of a counterfeit substance a gross misdemeanor but with an emphasis on pretrial diversion. In lieu of jail booking and referral to the prosecutor, law enforcement would be encouraged to offer a referral to assessment and services. Courts would also be required to inform individuals of pretrial diversion programs and if the individual successfully completes the program, the law would require a dismissal of the charge(s). If the individual refuses assessment and services, or if the court determines that the individual will not successfully complete a pretrial diversion program, the court could terminate the program and proceed with a gross misdemeanor offense. SB 5536 also designates substance use disorder treatment programs as essential public facilities, making it easier to site and locate. Sen. Jesse Salomon (D–Shoreline) introduced SB 5467, which also would make knowing possession of a counterfeit substance a gross misdemeanor offense but adds additional treatment alternatives. SB 5467 focuses on substance use disorder treatment as its primary goal, proposing that individuals arrested for possession could be diverted into substance use disorder treatment prior to conviction. Convictions would be overturned and dismissed for individuals who complete treatment. This bill does not propose decriminalizing without consequences, however. If the individual willfully abandons or demonstrates a consistent failure to engage in treatment, the court would be required to impose at least 45 days of jail. Under this legislation, the treatment requirement would be subject to the availability of treatment and the availability of funding for it. If treatment or funding were not available, the court would not be allowed to sanction the person with jail time for noncompliance with treatment. BMcConsulting bryan@bmcconsulting.net (206) 953-6026 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: Jan.25 & Feb.8, 2023 Set Annual Compensation for the Bremerton Municipal Court Judge effective July 1, 2022 COUNCIL MEETING Date: February 15, 2023 Department: Municipal Court Presenter: Judge Tracy Flood Jennefer Johnson Phone: (360) 473-5242 SUMMARY: On August 3, 2022 the court submitted to council an amendment for the Judge’s salary to reflect a new salary of $183,744.65 effective July 1, 2022. This salary was based on the Trial Court Improvement program which requires the municipal court judges who are elected, to have the judge’s salaries set at 95-100% of the District Court Judge’s salaries, which is $193,447. The salary is set by the Washington Citizens Commission on salaries for elected officials. The proposal that was submitted included the deferred compensation as part of the calculation for the Judge’s salary. The deferred compensation cannot be calculated into the judge’s salary as it is supplemental retirement program. In speaking with AOC, when calculating the Judge salary for the 95% rule benefits that include social security and retirement are not to be considered. The previous information was from an outdated 2018 document that was not previously verified as current. In order to continue to receive funds from the Trial Court Improvement, the judge’s salary needs to be retroactively corrected to July 1, 2022, to meet the minimum threshold of 95%. By correcting this error it will meet the 95% requirement of the program, as this is urgent matter as the Judge has to certify with AOC that she is receiving the correct salary amount. Judge Flood is currently receiving a salary of $175,706.72, which is not in compliance with the Trial Court Improvement Fund program. ATTACHMENTS: 1. Email – Legal Review & RCW References Added 2. 2023 Judge’s Salaries Added 3. 2023 Email Communications with AOC 4. Certification of Eligibility for Calendar Year 2023 5. 2015 Email Communications Added 6. Certification of Eligibility for Calendar Year 2015 Added FISCAL IMPACTS (Include Budgeted Amount): The fiscal impact would be a loss to the court in the amount $21,548 a year from the program. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to set the annual compensation of the Municipal Court Judge at $183,774.65 (not including deferred compensation) effective 7/1/2022. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A2 Final 2/9/23 From: Mychael Raya <Mychael.Raya@ci.bremerton.wa.us> Sent: Wednesday, February 8, 2023 3:57 PM To: Jeff Coughlin <Jeff.Coughlin@ci.bremerton.wa.us> Cc: Jennefer Johnson <Jennefer.Johnson@ci.bremerton.wa.us>; Tracy Flood <Tracy.Flood@ci.bremerton.wa.us>; Kylie Finnell <Kylie.Finnell@ci.bremerton.wa.us> Subject: Agenda Bill Item 2 (2/8/23) I have reviewed the updated materials submitted regarding this Agenda item. I do not believe these additional materials change the previous analysis put forth within the email correspondence I sent two weeks ago that is included in the study session materials. I believe the ultimate issue here is whether the City’s method of compensation for the Juge, looking at salary and deferred compensation, satisfies the statute in order to be eligible for grant funding under the Trial Court Improvement program. The statute does not specify how the annual compensation will be calculated for eligibility purposes (i.e. what will factor or should be included in the 95%), but rather defers to the AOC to determine the appropriate formula. Per RCW 2.56.030(22)(b), (attached for reference) the judge must be “compensated at a rate equivalent to at least ninety-five percent…” of a district court judge salary. The direct correspondence dated 1/25/23 from AOC indicates that “all eligible deferred compensation plan contributions, not just those that have a matching component, may be counted for the purposes meeting the 95% salary rule of the Trial Court Improvement Program.” The Agenda Bill from July/August of 2022 (also attached for reference) indicates that the compensation includes salary and deferred compensation, and previous submissions to AOC for this grant have included the combination of salary and deferred comp. The grant funding under this program does not appear to be at risk at this time, especially considering the AOC is aware of the City’s compensation calculation. Based on the new information submitted, it does appear that some cities do not factor deferred compensation into their calculation and reach 95-100% on salary alone. However, this does not mean that the statutory requirements which require compensation at a “rate equivalent” to at least 95% are not met with a combination of 91% salary ($176,706.72) and 4% deferred compensation ($7,068) (for a total of $183,774.72) which is the way the Bremerton City Council currently and historically has set compensation for its municipal court judge. BMC 2.62.035(a) indicates that the salary of the judge of the Bremerton Municipal Court is adjusted yearly by the City Council, and BMC 2.62.035(b) indicates the judge “shall receive benefits provided in accordance with the Management and Professional Staff Compensation Program as set forth in BMC 2.50.040 through 2.50.080.” BMC 2.50.050 discusses the City’s deferred compensation program. In order to change this method of compensation, an amendment to the BMC would be necessary. I have also attached copies of those sections of the Code for your reference. The certification form provided by AOC could note the annual salary, the annual deferred compensation, and the total amount so that there is clarity to the grant administrator on how the compensation requirement is being met. In my previous email correspondence to Jennefer Johnson (attached in the study session packet) I recommended an amendment to 2.62.035 of the BMC in order to comply with the statutory requirement in RCW 2.56.030(22)(b)(ii) that states “The city has established by ordinance that a full-time judge is compensated at a rate equivalent to at least ninety-five percent…” I made this recommendation in order to conform to that portion of the RCW. Historically the Council has passed this yearly compensation increase by motion pursuant to BMC 2.62.035(a). This practice has been historically accepted by AOC in order to receive grant funding. Rather than setting the compensation by motion, the Council could set the compensation by ordinance and note in the ordinance that the salary plus deferred compensation provided for in BMC 2.62.035 equal 95% of a district court judge salary. Thank you, Mychael Raya Assistant City Attorney City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337 360-473-2345 RCW 2.56.030 Powers and duties. The administrator for the courts shall, under the supervision and direction of the chief justice: (1) Examine the administrative methods and systems employed in the offices of the judges, clerks, stenographers, and employees of the courts and make recommendations, through the chief justice, for the improvement of the same; (2) Examine the state of the dockets of the courts and determine the need for assistance by any court; (3) Make recommendations to the chief justice relating to the assignment of judges where courts are in need of assistance and carry out the direction of the chief justice as to the assignments of judges to counties and districts where the courts are in need of assistance; (4) Collect and compile statistical and other data and make reports of the business transacted by the courts and transmit the same to the chief justice to the end that proper action may be taken in respect thereto; (5) Prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the judicial system and make recommendations in respect thereto; (6) Collect statistical and other data and make reports relating to the expenditure of public moneys, state and local, for the maintenance and operation of the judicial system and the offices connected therewith; (7) Obtain reports from clerks of courts in accordance with law or rules adopted by the supreme court of this state on cases and other judicial business in which action has been delayed beyond periods of time specified by law or rules of court and make report thereof to supreme court of this state; (8) Act as secretary of the judicial conference referred to in RCW 2.56.060; (9) Submit annually, as of February 1st, to the chief justice, a report of the activities of the administrator's office for the preceding calendar year including activities related to courthouse security; (10) Administer programs and standards for the training and education of judicial personnel; (11) Examine the need for new superior court and district court judge positions under an objective workload analysis. The results of the objective workload analysis shall be reviewed by the board for judicial administration which shall make recommendations to the legislature. It is the intent of the legislature that an objective workload analysis become the basis for creating additional district and superior court positions, and recommendations should address that objective; (12) Provide staff to the judicial retirement account plan under chapter 2.14 RCW; (13) Attend to such other matters as may be assigned by the supreme court of this state; (14) Within available funds, develop a curriculum for a general understanding of child development, placement, and treatment resources, as well as specific legal skills and knowledge of relevant statutes including chapters 13.32A, 13.34, and 13.40 RCW, cases, court rules, interviewing skills, and special needs of the abused or neglected child. This curriculum shall be completed and made available to all juvenile court judges, court personnel, and service providers RCW (10/5/2022 8:19 AM)[ 1 ] and be updated yearly to reflect changes in statutes, court rules, or case law; (15) Develop, in consultation with the entities set forth in RCW 2.56.150(3), a comprehensive statewide curriculum for persons who act as guardians ad litem under Title 13 or 26 RCW. The curriculum shall be made available July 1, 2008, and include specialty sections on child development, child sexual abuse, child physical abuse, child neglect, domestic violence, clinical and forensic investigative and interviewing techniques, family reconciliation and mediation services, and relevant statutory and legal requirements. The curriculum shall be made available to all superior court judges, court personnel, and all persons who act as guardians ad litem; (16) Develop a curriculum for a general understanding of hate crime offenses, as well as specific legal skills and knowledge of RCW 9A.36.080, relevant cases, court rules, and the special needs of hate crime offense victims. This curriculum shall be made available to all superior court and court of appeals judges and to all justices of the supreme court; (17) Develop, in consultation with the criminal justice training commission and the commissions established under chapters 43.113, 43.115, and 43.117 RCW, a curriculum for a general understanding of ethnic and cultural diversity and its implications for working with youth of color and their families. The curriculum shall be available to all superior court judges and court commissioners assigned to juvenile court, and other court personnel. Ethnic and cultural diversity training shall be provided annually so as to incorporate cultural sensitivity and awareness into the daily operation of juvenile courts statewide; (18) Authorize the use of closed circuit television and other electronic equipment in judicial proceedings. The administrator shall promulgate necessary standards and procedures and shall provide technical assistance to courts as required; (19) Develop a Washington family law handbook in accordance with RCW 2.56.180; (20) Administer state funds for improving the operation of the courts and provide support for court coordinating councils, under the direction of the board for judicial administration; (21) Administer the family and juvenile court improvement grant program; (22)(a) Administer and distribute amounts appropriated under RCW 43.08.250(2) for district court judges' and qualifying elected municipal court judges' salary contributions. The administrator for the courts shall develop a distribution formula for these amounts that does not differentiate between district and elected municipal court judges. (b) A city qualifies for state contribution of elected municipal court judges' salaries under (a) of this subsection if: (i) The judge is serving in an elected position; (ii) The city has established by ordinance that a full-time judge is compensated at a rate equivalent to at least ninety-five percent, but not more than one hundred percent, of a district court judge salary or for a part-time judge on a pro rata basis the same equivalent; and (iii) The city has certified to the office of the administrator for the courts that the conditions in (b)(i) and (ii) of this subsection have been met; RCW (10/5/2022 8:19 AM)[ 2 ] (23) Subject to the availability of funds specifically appropriated therefor, assist courts in the development and implementation of language assistance plans required under RCW 2.43.090. [2019 c 271 § 5; 2009 c 479 § 2. Prior: 2008 c 291 § 4; 2008 c 279 § 3; 2007 c 496 § 302; prior: 2005 c 457 § 7; 2005 c 282 § 7; 2002 c 49 § 2; 1997 c 41 § 2; 1996 c 249 § 2; 1994 c 240 § 1; 1993 c 415 § 3; 1992 c 205 § 115; 1989 c 95 § 2; prior: 1988 c 234 § 2; 1988 c 109 § 23; 1987 c 363 § 6; 1981 c 132 § 1; 1957 c 259 § 3.] Effective date—2009 c 479: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2009." [2009 c 479 § 76.] Part headings not law—2007 c 496: See note following RCW 26.09.002. Intent—2005 c 457: See note following RCW 43.08.250. Declaration—2002 c 49: See note following RCW 2.56.180. Intent—1996 c 249: "It is the intent of this act to make improvements to the guardian and guardian ad litem systems currently in place for the protection of minors and incapacitated persons." [1996 c 249 § 1.] Intent—1993 c 415: "Pursuant to the work of the juvenile justice task force created by the 1991 legislature to undertake a study of Washington state's juvenile justice system, the department of social and health services and the commission on African American affairs commissioned an independent study of racial disproportionality in the state's juvenile justice system. The study team, which documented evidence of disparity in the treatment of juvenile offenders of color throughout the system, provided recommendations to the legislature on December 15, 1992. The study recommends cultural diversity training for juvenile court and law enforcement personnel, expanded data collection on juvenile offenders throughout the system, development of uniform prosecutorial standards for juvenile offenders, changes to the consolidated juvenile services program and funding formula, dissemination of information to families and communities regarding juvenile court procedures, and examination of juvenile disposition standards for racial and/or ethnic bias. It is the intent of the legislature to implement the recommendations of this study in an effort to discourage differential treatment of youth of color and their families who come in contact with the juvenile courts in this state, and to promote racial and ethnic sensitivity and awareness throughout the juvenile court system." [1993 c 415 § 1.] Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010. Construction—Severability—1989 c 95: See notes following RCW 9A.36.080. RCW (10/5/2022 8:19 AM)[ 3 ] Legislative findings—1988 c 234: "The legislature recognizes the need for appropriate training of juvenile court judges, attorneys, court personnel, and service providers in the dependency system and at-risk youth systems." [1988 c 234 § 1.] Effective date—1988 c 109: See note following RCW 2.10.030. Ethnic and cultural diversity—Development of curriculum for understanding—Training: RCW 43.101.280. RCW (10/5/2022 8:19 AM)[ 4 ] 2.62.035 MUNICIPAL JUDGE - SALARY AND BENEFITS. (a) The judge of the Bremerton Municipal Court shall receive in 2002 an annual salary of ninety -one thousand seven hundred fifty-two dollars ($91,752.00). For each year thereafter, the salary shall be adjusted by City Council action. (b) The judge of the Bremerton Municipal Court shall receive benefits provided in accordance with the Management and Professional Staff Compensation Program as set forth in BMC 2.50.040 through 2.50.080. (Ord. 4791, Amended, 03/08/2002; Ord. 4474 §1, 1994) 2.50.040 WORK SCHEDULES AND LEAVE BENEFITS. (a) Work Schedules. Full-time managers and professional staff shall arrange such work schedules as are needed for the effective accomplishment of work and which shall be the equivalent of forty (40) hours per week, including paid holiday, vacation and sick leave time. The work schedules of part-time managers and professional staff shall be apportioned accordingly. Alternative work schedules to the forty (40) hour week may be authorized by the department director and Human Resources Manager. Managers and professional staff may be called back to their work place at any time to respond to emergencies. Managers and professional staff covered by this program are noncovered or exempt from the Fair Labor Standards Act’s overtime provisions. (b) Holiday Time. Managers and professional staff shall receive a full day of time off without loss of compensation for each holiday observed by the City on the day the City observes the holiday and one additional floating holiday. Holidays observed by the City are: New Year’s Day Martin Luther King’s Birthday President’s Day Memorial Day Juneteenth Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas In addition, similar time off without loss of compensation is granted for any other holiday which the City Council takes specific official action to observe. (c) Vacation. (1) Vacation Leave. Managers and professional staff shall be granted vacation time off without loss of compensation based upon years of employment in management or professional position(s) as follows: through 2 full years 15 days (120 hours) through 5 full years 20 days (160 hours) after 5 full years and thereafter 25 days (200 hours) Upon hire and with the approval of the Mayor, the vacation leave time granted a new staff member may be set at twenty (20) days or if a current City employee at twenty -five (25) days unless otherwise approved by City Council. (2) Vacation Availability - Adjustment at Hire or Separation. Annual vacation leave is granted in full on January 1 of each calendar year; however, a pro rata increase shall accrue on the employee’s anniversary date in the year the employee qualifies for a larger vacation benefit. Managers and professional staff who are hired or who separate from employment with the City within a budget year receive vacation days on a pro-rated basis which covers the time of employment. (3) Vacation Eligibility. Vacation time is taken in segments of one (1) whole day or more. Vacation leave available to a manager or professional staff member at the beginning of a vacation leave is to be sufficient to cover any vacation time to be taken. (4) Maximum Unused Vacation. The maximum vacation time that shall be allowed to carry forward from one calendar year to the next is as follows: Years of Continuous Employment Maximum Balance 0 through 5 years 20 days (160 hours) more than 5 years 30 days (240 hours) In the event a manager or professional staff member has not reduced his or her vacation balance to the maximum allowable carryover at the end of a calendar year, excessive days are forfeited unless the Mayor grants an extension of time beyond the end of the calendar year during which all vacation days which exceed the maximum allowable carryover are to be taken. (5) Vacation Pay-Out. Upon separation from City employment, unused vacation time will be paid to the manager or professional staff member in a cash payment as follows: i. Prorated Adjustment. Vacation time balance accrued during the year of separation and adjusted pursuant to subsection (c)(2) of this section; plus ii. Allowable Carryover Balance. The maximum allowable vacation time carryover established in subsection (c)(4) of this section. Any unused vacation leave exceeding the maximum allowable carryover that has been approved by the Mayor for carryover pursuant to subsection (c)(4) of this section is not eligible for cash out. (d) Sick Leave. (1) Accrual. Sick leave is accrued at the rate of twelve (12) full days per year and is proportionately credited to sick leave balances each pay period. (2) Maximum Sick Leave Balance. Sick leave may be accrued to a maximum of one hundred twenty-five (125) days. Upon reaching a maximum of one hundred twenty-five (125) days, no further accrual is added until such time as sick leave time is taken. Accrued sick leave time is provided as a form of self-insured short-term disability coverage and no cash payment for unused sick leave time is made under any circumstances except as set forth in subsections (d)(9) and (10) of this section. (3) Banked Sick Leave for Certain Managers and Professional Staff. Any person covered by this program who was employed by the City on January 20, 1985, and who had accrued, unused sick leave time set aside in a sick leave bank at that time shall have the banked time remain on record and made available for his or her use. Upon service retirement from City service, the person shall receive payment of thirty-five (35) percent of banked sick leave time to a maximum of one hundred twenty (120) banked days (a maximum of forty-two (42) paid days). In the event the person dies while employed with the City, the person’s estate shall be paid for all days of banked time. (4) Sick Leave Incentive. Anyone who takes two (2) days or less of sick leave in a full calendar year shall have one (1) day added to his or her vacation leave balance at the beginning of the following calendar year. (5) Sick Leave Use. Sick leave is charged in one (1) day segments and must be accrued prior to use in order to qualify for paid sick leave time off. Shorter periods of absence due to any of the reasons provided below are administered by the Mayor under subsection (a) of this section and are not charged to sick leave balances for salaried employees. Sick leave is available up to the amount of accrued sick leave balance days and may be used for: i. Temporary disability resulting from personal illness or injury. ii. Providing care for children under the age of eighteen (18) when they have a health condition that requires parental supervision or treatment. iii. Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health personal care or a child’s care, when such care requires parental presence to supervise or authorize treatment. iv. Pursuant to the Family Leave Act, to care for a sick child or other family member (spouse, parent, parent-in-law or grandparent). (6) Notification of Sick Leave Use. A person who is absent or expects to be absent from work due to causes specified in subsection (d)(5) of this section is to promptly notify the City by telephone or otherwise by 9:00 a.m., if possible, of the day of his or her scheduled work day. (7) Sick Leave During Authorized Paid Leave. A person who becomes ill or is injured during paid vacation may request the conversion of the vacation leave to sick leave with pay by promptly notifying the City of the illness or injury and providing such information as is required by the City to verify the appropriateness of such a conversion. (8) Sick Leave Documentation and Approval. Within three (3) days after returning to work, a person who has been absent on sick leave is to submit such forms and provide such information as is required by the City to approve the payment of sick leave. The Mayor may require a person to demonstrate that he or she has sought treatment or require other verification needed to assure that the person is fit for duty or as needed to approve paid sick leave for the absence. (9) Sick Leave Retirement Payment. An employee who retires from City service on a PERS or LEOFF service or disability retirement shall be provided a sick leave retirement payment at thirty- five (35) percent of the employee’s accrued and unused sick leave hours to a maximum of thirty - five (35) percent of nine hundred sixty (960) hours (a maximum total of three hundred thirty -six (336) hours). The payment will be made to the employee at the employee’s regular hourly wage rate in effect at the time of retirement. (10) Payment of Sick Leave Upon Death. In the event of the death of an employee, the employee’s estate shall be paid for the total accrued and unused sick leave hours at the employee’s regular hourly wage rate in effect at the time of death. (e) Bereavement Leave. Three (3) days of bereavement leave are allowed for attending funerals in the State of Washington and five (5) days for attending out of State funerals upon the death of a member of the immediate family. The first three (3) days of time off for bereavement leave will be compensated at the employee’s current salary. The additional two (2) days of time off for bereavement leave shall be charged against the employee’s vacation, floating holiday, sick leave or compensatory time leave balance at the option of the employee. Immediate family is defined as spouse, State registered domestic partner, child, stepchild, mother, father, step-parents, mother/father in-law, brother, sister, brother/sister in-law, grandparents and grandchildren of both an employee and his or her spouse. (f) Jury Duty, Witness Leave. Leave of absence with pay for the purpose of reporting to jury duty or if subpoenaed as a witness for the City is provided. Any juror or witness fees received by a person for the performance of such duties shall be assigned to the City. (g) Military Leave. A leave of absence with pay for a period not to exceed twenty-one (21) working days is granted for the purpose of responding to training orders as a member of the organized military reserves of the United States or of the State of Washington. (h) Administrative Leave. The Mayor may place any manager or professional staff member on paid administrative leave for up to thirty (30) working days under circumstances which make it appropriate that the person be absent from the work place during the investigation, resolution or pendency of procedures appropriate to the circumstances involving the manager or professional staff member. The Mayor may place other lawful conditions upon the person on administrative leave as are deemed appropriate by the Mayor. (i) Leave of Absence. A leave of absence without compensation may be granted by the Mayor for a period of up to thirty (30) working days and may be subsequently extended with the approval of the City Council. Any leave of absence greater than thirty (30) days will be without compensation and benefits unless required by law. (Ord. 5457 §1, 2022; Ord. 5425 § 2, 2021; Ord. 5210 §2, 2013: Ord. 5074 §1, 2009; Ord. 4551, Amended, 05/23/1996; Ord. 4305 §1 (in part), 1991) 2.50.050 SUPPLEMENTAL RETIREMENT PROGRAM PLAN. The City will contribute a total of four percent (4%) of gross salary to options selected by each person from City deferred compensation and/or tax exempt benefits made available through approved City policies. (Ord. 5457 §1, 2022; Ord. 5443 §1, 2021; Ord. 4305 §1 (in part), 1991) 2.50.060 RETIREMENT BENEFITS. Each manager or professional staff member covered by this program will be enrolled in the Federal OASDI and/or State of Washington LEOFF I or II, or PERS I, II or III, or PSERS retirement system for which he or she qualifies. Contributions to the respective retirement systems by the City and by each employee will be made in conformance with Federal FICA laws and State retirement laws. (Ord. 5457 §1, 2022; Ord. 5210 §4, 2013: Ord. 4305 §1 (in part), 1991) 2.50.070 MEDICAL AND DENTAL INSURANCE BENEFITS. (a) A manager or professional staff member covered by this program and who qualifies for and is a member of the LEOFF I or II, and PERS I, II or III State Retirement Systems has the same medical and dental insurance plans, coverages and premium payments made available to him or her as are granted to the represented employees employed in his or her department who are included in that particular system. A manager or professional staff member who can provide documentation of alternative medical insurance coverage may elect to receive a medical stipend in lieu of medical coverage in the same amount that is made available to represented employees included in the same retirement system in which they belong. The City will pay one hundred (100) percent of the cost of coverage for employees and dependents for vision coverage provided through the Association of Washington Cities. (b) The City will offer short-term disability insurance coverage to management and professional employees on a voluntary basis, which will be paid by the employee through payroll deduction. (Ord. 5457 §1, 2022; Ord. 5210 §3, 2013: Ord. 4984 §4, 2006: Ord. 4305 §1 (in part), 1991) 2.50.080 WORKERS’ COMPENSATION. Each manager and staff member shall receive such workers’ compensation benefits as are provided by the City pursuant to State laws. A manager or staff member who incurs a work-related illness or injury and who qualifies to receive workers’ compensation benefits shall be allowed to use accrued sick leave to supplement the workers’ compensation benefits so as to provide the same salary he or she would have received for full-time active service, taking into account that workers’ compensation payments are not subject to federal or social security taxes. In no event shall the combination of workers’ compensation and sick leave exceed the amount of an employee’s regular salary at any time of the disability period. (Ord. 5457 §1, 2022; Ord. 4305 §1 (in part), 1991) Bellingham 100%193,447.00$ No Deferred comp combination 91%176,706.00$ Edmonds 95%183,774.65$ No Deferred comp combination Everett 100%193,447.00$ No Deferred comp combination Federal Way 95%183,774.65$ No Deferred comp combination Grant County 100%193,447.00$ Contract Moses Lake Contract Quincy Jefferson County 100%193,447.00$ No Deferred comp combination Kent 100%193,447.00$ No Deferred comp combination Kirkland 100%193,447.00$ No Deferred comp combination Kitsap County 100%193,447.00$ Marysville 95%183,774.65$ No Deferred comp combination Olympia 95%183,774.65$ No Deferred comp combination Puyallup 95%183,774.65$ No Deferred comp combination Renton 100%193,447.00$ No Deferred comp combination Skagit County 100%193,447.00$ No Deferred comp combination Contract Anacortes No Deferred comp combination Contract Burlington No Deferred comp combination Contract Mount Vernon No Deferred comp combination Spokane 95%183,774.65$ No Deferred comp combination Tacoma 100%193,447.00$ No Deferred comp combination Yakima 95%183,774.65$ No Deferred comp combination Judge's Salaries Bremerton From: Jeff Coughlin <Jeff.Coughlin@ci.bremerton.wa.us> Sent: Friday, February 3, 2023 12:19 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Fw: Trial Court Funding Grant / Judges Salary Please include in published study session packet email chain below. From: Jennefer Johnson <Jennefer.Johnson@ci.bremerton.wa.us> Sent: Wednesday, January 25, 2023 4:53 PM To: Mychael Raya <Mychael.Raya@ci.bremerton.wa.us> Cc: Kylie Finnell <Kylie.Finnell@ci.bremerton.wa.us>; Jeff Coughlin <Jeff.Coughlin@ci.bremerton.wa.us> Subject: RE: Trial Court Funding Grant / Judges Salary Mychael, Actually I don’t think the issue is resolved, as the judge’s position is an elected position and the mngt deferred comp is an option the city choses to give her. The question should have been asked of Judge Flood is if she wants the mngt deferred comp or the 95% of the district court salary and that should have through counsel. There are 15 municipal courts that are in this program and they do not include deferred comp into their judge’s salaries to meet the District Court Judge’s salaries. From: Mychael Raya <Mychael.Raya@ci.bremerton.wa.us> Sent: Wednesday, January 25, 2023 4:35 PM To: Jennefer Johnson <Jennefer.Johnson@ci.bremerton.wa.us> Cc: Kylie Finnell <Kylie.Finnell@ci.bremerton.wa.us>; Jeff Coughlin <Jeff.Coughlin@ci.bremerton.wa.us> Subject: RE: Trial Court Funding Grant / Judges Salary Jennefer: In light of this correspondence and in review of this item for City Council, it does not appear that the modification to the salary is necessary to maintain grant funding/eligibility. Going forward, however, pursuant to RCW 2.56.030(22)(b), I would recommend that section 2.62.035 of the BMC be amended to reflect the eligibility requirement listed in the statute that “the city has established by ordinance that a full-time judge is compensated at a rate equivalent to at least ninety-five percent, but no more than one hundred percent, of a district court judge salary…” Thank you, Mychael Raya Assistant City Attorney City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337 360-473-2345 From: Swenson, Helen <Helen.Swenson@courts.wa.gov> Sent: Wednesday, January 25, 2023 2:04 PM To: Charlotte Nelson <Charlotte.Nelson@ci.bremerton.wa.us> Cc: Jennefer Johnson <Jennefer.Johnson@ci.bremerton.wa.us>; Mychael Raya <Mychael.Raya@ci.bremerton.wa.us> Subject: FW: Trial Court Funding Grant / Judges Salary It was nice talking to you on the phone today. I checked with my Division Director Christopher Stanley in regards your inquiry whether your salary calculation may include as part of the 95% those funds which are deferred compensation. He says all eligible deferred compensation plan contributions, not just those that have a matching component, may be counted for the purposes meeting the 95% salary rule of the Trial Court Improvement Program. Am copying Jennefer and Mychael on this email since this was something they were looking for clarity on as well. I will need to update the FAQ answer later to reflect that our answer is intended for all Deferred Comp and not just matching. Thank you for your patience while we reviewed the information. Sincerely, Helen Swenson Lead Grants & Financial Services Analyst Budget & Financial Services Office WA State Admin Office of the Courts 1-360-705-5241 From: Swenson, Helen <Helen.Swenson@courts.wa.gov> Sent: Wednesday, January 18, 2023 4:38 PM To: Charlotte Nelson <Charlotte.Nelson@ci.bremerton.wa.us> Subject: FW: Trial Court Funding Grant / Judges Salary ADMINISTRATIVE OFFICE OF THE COURTS ANNUAL CERTIFICATION OF ELIGIBILITY FOR TRIAL COURT FUNDING AS PROVIDED IN E2SSB 5454 WASHINGTON STATE DISTRICT AND QUALIFYING MUNICIPAL COURTS Information provided through annual salary certification is used to calculate distribution of available funding to district and qualifying municipal courts. Distribution will be made only after all qualifying courts have submitted certification forms. Please note: The certification form must be submitted by the presiding judge (transmitted directly from the presiding judge’s computer). Municipal Courts qualify for funding if the judge serves in an elected position and receives a salary that is 95% to 100% of a district court judge’s salary. The District Court judges’ annual salary may be found at http://www.salaries.wa.gov/salary This certification form requests that you stipulate how many full/part time judges you have and what the annual salary is for same. Please return this form via email for quickest processing. You may also submit the certification non-electronically either by fax or mail. Payment to the courts cannot take place until this form is returned. Certification for Calendar Year 2023 Court Name Bremerton Municipal Number of Judicial FTEs 1 Enter the number of judicial FTEs (judges only) within the court. Partial FTEs may be entered as 1.25, .75, etc. This number represents the actual amount of time the judge(s) will work and be paid for during the year. Full time = 1.00 FTE, Half time = .50 FTE, and so on. Annual Salary $ Date certified Certified by (Presiding Judge): Typed name will be accepted as signature if sent electronically. Please send completed form to Helen Swenson. Via e-mail: Helen.Swenson@courts.wa.gov Via fax: 360.956.5700 Via US Mail: Administrative Office of the Courts PO Box 41172 Olympia, WA 98504-1172 If you have any questions, please contact Helen Swenson at (360) 705-5241. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: February 8, 2023 Purchase of 2023 Excess Workers’ Compensation Insurance with Midwest Employers Casualty Company COUNCIL MEETING Date: February 15, 2023 Department: City Attorney’s Office / Risk Management Presenter: Kylie Finnell / Melisa Folmer Phone: (360) 473-5302 SUMMARY: The Bremerton Municipal Code authorizes the Risk Management Specialist, with the approval of the City Attorney, to bind insurance and requires City Council approval for the continuation of any bound coverage that exceeds an annual premium of $25,000. Excess Workers’ Compensation for 2023 has been bound with Midwest Employers Casualty Company at an annual premium of $138,873. The self-insured retention (“SIR”) for first responders is $1,000,000 and for all other employees at $500,000. This is the same as last year. The only change is there is an additional SIR for employees injured during a wildland fire event is $1,500,000. ATTACHMENTS: Marsh’s Excess Workers Compensation & Employers Liability Proposal FISCAL IMPACTS (Include Budgeted Amount): Sufficient funds have been budgeted in the Risk Management Fund for this expenditure for 2023. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of the 2023 Excess Workers’ Compensation insurance with Midwest Employers Casualty Company in the amount of $138,873. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 A3 City Of Bremerton Excess Workers Compensation & Employers Liability Proposal Effective February 1, 2023 to February 1, 2023 2022-2023 Expiring 2023-2024 Renewal Excess Workers Compensation (MEC) (MEC) Carrier Midwest Employers Casualty Co Midwest Employers Casualty Co AM Best Financial Rating A+ XV (Stable)A+ XV (Stable) State(s) Covered Washington Washington Term, Years Annual Annual Limits Workers Compensation Limit Statutory Statutory Employers Liability Limit - Each Accident $1,000,000 $1,000,000 Employers Liability Limit - Aggregate $1,000,000 $1,000,000 Retention Specific Retention $500,000 $500,000 First Responders Retention $1,000,000 $1,000,000 Rating Base / Rates / Annual Premium Estimated Worker Hours - Annualized 658,040 703,867 YOY Change in Exposures - Worker Hours 7% Rate per Worker Hour 0.1903 0.1973 YOY Change in Rates 3.68% Terrorism Risk in Act of 2022 Included 4,166 included below Policy minimum premium $112,703 $124,986 Deposit Premium (including Terrorism) $125,225 $138,873 Increase in Premium 10.9% Renewal Notes: Agency Commission: All quotes include 10% Commission to Marsh as per Client Service Agreement Policy Conditions: Midwest Employers must be notified of any aircraft changes occurring during the policy period Quote Subjectivities: None Marketing Summary: Safety National has $150,000 minimum premium requirement AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: February 8, 2023 Ordinance amending Section 2.50.032 of the Bremerton Municipal Code relating to Promotions, Salary, and Benefits COUNCIL MEETING Date: February 15, 2023 Department: Fire Presenter: Pat McGanney, Fire Chief Phone: (360) 473-5381 SUMMARY: Amending the Bremerton Municipal Code will allow employees moving from a represented classification to a management/professional classification to receive the same benefits and salary increases that are received by the bargaining unit positions. This will prevent compression between administrative staff positions and bargaining unit positions. ATTACHMENTS: Ordinance No. ______ 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 pass Ordinance No._____, amending Section 2.50.032 of the Bremerton Municipal Code relating to promotions, salary, and benefits. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 A4 Page 1 of 3 BMC 2.50.032 – Actual Salary Rate ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 2.50 of the Bremerton Municipal Code entitled “Management and Professional Staff Compensation Program” by amending Section 2.50.032 related to promotions, salary and benefits. WHEREAS, the City Council desires to amend provisions of Section 2.50.032 of the Bremerton Municipal Code relating to promotions, salary and benefits; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.50.032 of the Bremerton Municipal Code entitled "Actual Salary Rate" is hereby amended to read as follows: 2.50.032 ACTUAL SALARY RATE. (a) Initial Rate. The salary rate of a person upon appointment to a management or professional position shall be set no lower than Rate 1 of the salary band to which an employee’s position is assigned. When it is in the best interest of the City, the City Council may authorize an initial salary of a newly hired person at a rate which exceeds Rate 1. (b) Salaries may be increased as follows: (1) Salary Rate Advancement. Each person shall be eligible for a salary rate advancement upon completion of twelve (12) full months of regular (as opposed to interim) service at each rate in the salary band. To receive a salary rate advancement, the employee must be evaluated as "meets expectations" (or equivalent) on his or her work performance evaluation. Salary rate advancements shall be an increase of one rate in the same salary band, if available. (2) Additional Advancement. Those employees who receive a rating that exceeds the rating "meets expectations" (or equivalent) may be eligible to receive an additional salary rate advancement for an increase of one additional rate in the same salary band, if available, above the initial rate advancement provided in subsection (b)(1) of this section. This additional advancement shall require the recommendation of the department head, or equivalent, and approval of the Mayor and City Council. (3) A rate advancement that was denied may be granted following a minimum sixty (60) day review period of the employee’s performance. (4) Notwithstanding the above, when it is in the best interest of the City, the City Council upon the recommendation of the Mayor may authorize an in-range adjustment to provide additional salary in instances of promotion, to provide for internal equity corrections, or for another reason deemed appropriate by the City Council. (c) Changes to Employee Classifications. (1) Downgrading an Employee’s Classification. Upon the City Council’s approval of downgrading a person’s classification to a lower salary band, the person’s initial salary rate will be set at the same rate in the new band that was in effect in the former salary band. In the event a person’s salary rate exceeds the maximum rate of the salary band to which Page 2 of 3 BMC 2.50.032 – Actual Salary Rate his or her position is assigned on the date of downgrading, his or her actual salary rate shall be frozen until such time as the maximum rate of the new band is equal to or greater than his or her actual salary and, at such time, the employee’s salary rate shall be set at the maximum rate of the salary band to which his or her position is assigned. (2) Upgrading an Employee’s Classification. If an employee’s classification is moved from one salary band to a higher band (excluding promotions), the employee’s salary rate at the higher band shall be set at the next rate which is higher than the salary he or she was receiving at the former band. Any additional rate advancements shall require City Council approval. The employee’s salary rate advancement date does not change. (3) Promotions. In the event an employee is promoted from one classification to a higher classification (one salary band to a higher salary band), the employee’s salary rate at the higher band shall be set at the next rate which is higher than the salary he or she was receiving at the former band. Promoted employees shall be eligible for a salary rate advancement upon completion of twelve (12) full months of regular (as opposed to interim) service at each rate in the new salary band, which shall be the employee’s new salary rate advancement date. In the event an employee is promoted to a management/professional classification outside of IAFF Local 437, said employee(s) will receive the same benefits and annual salary increases that are received by IAFF bargaining unit members. maintain their current and future benefits covered in the collective bargaining agreement in lieu of the benefitsThese employees will not be eligible for benefits or salary increases covered provided in Sections 2.50.031 through 2.50.070. Any additional rate advancements shall require City Council approval. 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 of the 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 ____________________, 2023. _________________________________ Jeff Coughlin, Council President Page 3 of 3 BMC 2.50.032 – Actual Salary Rate Approved this ________ day of ________________________, 2023. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk Kylie Finnell, City Attorney PUBLISHED the ________ day of ______________________, 2023. EFFECTIVE the ________ day of ______________________, 2023. ORDINANCE NO. ________. R:\Legal\Legal\Ordinances\Fire\2020.03.24 BMC 2.50.032 Actual Salary Ordinance.docx AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: February 8, 2023 Change Order No. 2 to Contract with Active Construction, Inc. for Oyster Bay Beach Sewer Upgrades Project COUNCIL MEETING Date: February 15, 2023 Department: PW&U – Engineering Presenter: Bill Davis Phone: (360) 473-2312 SUMMARY: Change Order No. 2 will pay for a portion of additional costs associated with disconnecting beach sewer laterals as described in Work Change Directive No. 28, and an additional duplex pumping system including landscape restoration at 4412 Kitsap Way as described in Work Change Directive No. 23. The work directed under these Work Change Directives was necessary due to field conditions discovered late during construction. It was necessary to expedite this work to minimize concerns over potential sanitary sewer overflows. This Change Order No. 2 for $82,154.18 will increase the contract amount to $6,506,708.77. ATTACHMENTS: 1) Site plan; 2) Change Order No. 2 FISCAL IMPACTS (Include Budgeted Amount): The project is funded by a Department of Ecology State Revolving Fund loan and is included in the wastewater budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Change Order No. 2 with Active Construction, Inc., in the amount of $82,154.18 for the Oyster Bay Beach Sewer Upgrades project and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 A5 1/30/23 OYSTER BAY BEACH SEWER UPGRADES SITE PLAN FOR CHANGE ORDER NO. 2 CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 2 PROJECT NAME: Oyster Bay Beach Sewer Upgrades PROJECT NO: 5827 CONTRACTOR: Active Construction Inc. ORIGINAL CONTRACT AMOUNT: 6,237,237.00 DAYS: 484 PREVIOUSLY APPROVED CHANGES: 187,317.59 DAYS: 5 THIS CHANGE: 82,154.18 DAYS: 0 REVISED CONTRACT AMOUNT: 6,506,708.77 DAYS: 489 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. Rule 170 Rule 171 DESCRIPTION OF CHANGES INCREASE IN CONTRACT AMOUNT ($) (DECREASE) IN CONTRACT AMOUNT ($) CONTRACT TIME EXTENSION (DAYS:) X X - WCD #23: Additional duplex pumping system and landscape restoration at 4412 Kitsap Way - WCD #28: Additional work on the beach to disconnect sewer laterals. The total amount of WCD #28 is $82,065.63 and the work was completed in October 2022. A portion ($50,000) was previously paid under Pay Estimate No. 17. The amount here will pay for the remainder in future Pay Estimate No. 18. 43,167.14 32,065.63 N/A NET CHANGE IN CONTRACT AMOUNT INCREASE OR (DECREASE) 75,232.77 ESTIMATED SALES TAX AT CURRENT RATE 6,921.41 TOTAL INCLUDING SALES TAX 82,154.18 Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, on-site or home office overhead, or lost profits. Nothing in this Change Order shall limit the City’s right to bring a claim for past performance. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous CONTRACT CHANGE ORDER NO: _2_ PROJECT NAME: Oyster Bay Beach Sewer Upgrades Page 2 of 2 Change Order Rev. 05/2022 costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Change Order. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Change Order shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a change order that is binding on the parties of this contract. In addition, Contractor warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. CONTRACTOR Approved: DATE: PROJECT MANAGER Recommended: DATE: DIVISION MANAGER Council action is required as project cost will exceed approved budget.  Yes  No Council action is required as change exceeds Mayors authority per BMC 2.76.110.  Yes  No Recommended: DATE: DIRECTOR OF PUBLIC WORKS AND UTILITIES Recommended: DATE: MAYOR Approved: DATE: APPROVED AS TO FORM: ATTEST: ___ KYLIE. J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Change Order Rev. 09 2021.docx CITY OF BREMERTON 1/30/2023 OYSTER BAY BEACH SEWER UPGRADES COST SUMMARY FOR CHANGE ORDER NO. 2 AND CONTRACT CHANGE ORDER #2 SUMMARY COST ITEMS AMOUNT WCD #23: Additional duplex pumping system and landscape restoration at 4412 Kitsap Way $43,167.14 WCD #28: Additional work on the beach to disconnect laterals **$32,065.63 ESTIMATED SUBTOTAL TO COMPLETE CONTRACT $75,232.77 Sales tax @ 9.2%$6,921.41 Change order #2 (with sales tax)$82,154.18 CONTRACT AWARD $6,237,237.00 CHANGE ORDER NO. 1 $187,317.59 CHANGE ORDER NO. 2 $82,154.18 REVISED CONTRACT AMOUNT WITH CHANGE ORDER NO. 2 $6,506,708.77 OVERALL CONTRACT COST SUMMARY ** The total amount of WCD #28 is $82,065.63. $50,000 has already been paid under Pay Application No. 17. The remaining $32,065.63 will be paid under Pay Application No. 18 after approval of Change Order No. 2 PAGE 1 OF 1 CITY OF BREMERTON WORK CHANGE DIRECTIVE (WCD) WCD #: 023 Date: 1/16/23 YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S): ATTACHMENT(S): Cost summary and estimate information used for developing cost basis If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order is based thereon will involve one or more of the following methods of determining the effect of the change(s). The Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications, or Article 10 of the General Conditions. Method of determining change in Contract Price: Method of determining change in Contract Times: Unit Price Contractor’s Records Lump Sum (for duplex system) Engineer’s Records Time & Materials (landscape restoration) Other: Other: Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: $ 43,167.14 . Substantial Completion: 0 days; If the change involves an increase, the estimated Ready for final payment: 0 days; amount is not to be exceeded without further If the change involves an increase, the estimated times authorization. are not to be exceeded without further authorization. RECOMMENDED: AUTHORIZED: CONTRACTOR CITY OF BREMERTON By: ____________________________________________ By: Bill Davis Project Name: OBBSU______ Project #: 5827________ Contractor: ACI_________ NTP Date: 06/03/21_____ Item 1: At 4412 Kitsap Way (Oyster Bay Inn), install, connect and test additional duplex pumping system, including two pumps in existing wet well, make connections to existing 1.25” discharge line; make electrical connections, install Sentry Advisor, and test system to ensure operation with generator; restore disturbed grass area. Lump sum at $38,167.14 Item 2: Additional landscape restoration at 4412 Kitsap Way includes placement of weed barrier and rock placement over approximately 800 square feet area in designated area adjacent to building between generator and grinder pump panel. Rock shall be Rainbow Bull Rock (2” to 6”) from Peninsula Topsoil or approved equivalent. Confirm and coordinate limits with City Inspector prior to placement. Track as T&M. Landscape restoration = $5,000 ACI ACTIVE CONSTRUCTION INC. ADDITIONAL WORK SUMMARY A.C.I. PROJECT JOB#.21-013 Oyster Bay Beach Sewer Upgrades DATE WORK PERFORMED : TBA EQUIP.NO. 530 D ESCRIPTION OF WORK Oyster Bay Inn Added Pumps / Panel and Connecti ons MANPOWER WORKING FOREMAN 1.0 LABORER GROU P Ill @ 1.0 LABOR CLASS I RA TES HOURS 8 .00 8 .00 @ @ $89.33 @ $63.70 SUBTOTAL LABOR EQUIPMENT DESCRIPTION/ RATES EQUIPMENT D ESCRIPTION HOURS @ RATE Jake's Foreman Truck 8.00 @ $26.1 3 SUBTOTAL EQUIPMENT DESCRIPTION Misc. Materials & Unknowns Hydroseeding Correct Equipment DESCRIPTION MATERIAL COSTS UNIT 1.00 1.00 1.00 SERVICE COSTS UNIT Correct Equipment (Install Century Advisor) 1.00 SUB CONTRACTOR DESCRIPTION UNIT @ RATE LS @ $2,000.00 LS @ $1,376.00 LS @ $14,69 1.00 SUBTOTAL MATERIALS @ RATE LS @ $1 ,000.00 SERVICE SUBTOTAL @ RATE Aqua Tech Foreman (with Mob 4hrs/Demob 4 hrs) Aqua Tech Operator Aqua Tech Laborer Kodiak 4500 (with Mob 4hrs/Demob 4hrs) 24.00 20.00 20.00 24.00 24.00 16.00 16.00 1.00 1.00 1.00 HR@ $79.94 HR @ $79.94 HR@ $60.41 HR@ S4.53 Load Trail Till Bed (with Mob 4hrs/Demob 4hrs) HR@ $7.3 1 Misc. Tools (Jumping Jack/Plat W acker) HR @ $15.00 Kubota Exe. KX121-3S LS@ $51.51 Mark up on Labor (Aqua Tech) LS@ $1,464.92 Mark up on E quipment (Aqua Tech) LS@ $283.15 Georges Electric LS @ $4,000.00 SUB CONTRACTOR SUBTOTAL MARK-UP ON LABOR 3 1% SUBTOTAL LABOR MARK-UP ON EQUIPME NT 21 % SUBTOTAL EQUIPMENT TAX ON MATERIALS (NIA ON WATER & SEWER) 0.00% MARK-UP ON MATERIALS 2 1% SUBTOTAL MATERIALS MARK-UP ON SERVICE COST 2 1% SUBTOTAL SERVICE COST MARK-UP ON SUB-CONTRACTOR COST >$25,000 (Varies) 12% SUBTOTAL SUB-CONTRACTOR COST GRAND TOTAL A.C.I. PHASE CODE NIA TOTAL $714.64 $509.60 $1 ,224.24 TOTAL $209.04 $209.04 TOTAL $2,000.00 $1,375.00 $1 4,691.00 $16,066.00 TOTAL $1,000.00 $1,000.00 TOTAL $1,918.56 $1,598.80 $1 ,208.20 $108.72 $175.44 $240.00 $824.16 $1,464.92 S283.15 $4,000.00 $11,821.95 $379.51 $1 ,603.75 $43.90 $252.94 $0.00 $3,793.86 $21,859 .86 $210.00 $1,210.00 $1,418.63 $13,240.58 $38,167.14 duplex system) TOTAL WCD #23 = 43,167.14 /4 orrect 'Equipment 14576 NE 95th St Redmond, WA 98052 877-3 71-4555 Name / Mdress Active Construction P.O.Box430 Puyallup, WA 98371 Job Name Item Desoiiption El WX600PF10A Part# WX600PFIOA 240 Volt Model Wireless Explosion Proof w/ Pressure Switch Level Sensing Core for Fiberglass Tanlc 75 ft. Cable (SOOW 14-7) -Check Voltage Loss 72 in. Flexible El SJ1A210C2AA Part# SJ1A210C2AA SENTRY DUPLEX PROTECT PLUS PANEL (240V, 2P, 10x12,DF) El Parts Part #NA03 l 4P203 Cable Assembly, Data, Extension, Standalone Advisor - 3 Foot Cable El Parts Part #NA0442P01 MONTHLY SERVICE, SENTRY ADVISOR, AUTOMATICALLY RENEWS/BILLS MONTHLY El Parts Part #NB0467Gl4 Advisor Assembly, Stand Alone, DUPLEX, DATA (Protect Plus), For Existing Panel that has Thy Contacts, Standard Freight Cell Carrier (US & CANADA) Freight Estimate (prepay and addl****Freight is only Estimated and will be adjusted upon delivery. Please note: Your -&eight charges may differ from the freight estimated 'fenns NET30Days Qty 2 1 l I I Total Toll Free: 877-371-4555 www.correctequipment.com Quote Date 11/15/2022 5732 '.Rep Ptejeet IIT Q,st, Total 5,715.00 11,430.00 1,904.00 1,904.00 43.00 43.00 140.00 140.00 924.00 924.00 250.00 250.00 $14,691.00 Fax: 425-869-1033 OYSTER BAY BEACH SEWER UPGRADES prepared by wjd COST ESTIMATE BY CITY 1/16/2023 Employee Reg Rate Units Hours Amt Foreman 89.00$ 8 712.00$ Operator 83.00$ 8 664.00$ Laborer 63.00$ 8 504.00$ TCS 57.70$ 0 -$ Flagger 53.94$ 0 -$ 1,880.00$ Equip. Description Reg Rate Units Hours Amt Hitachi 50 Mini Ex 41.00$ 8 328.00$ Cat 420 Backhoe 37.44$ 8 299.52$ Dump Truck 80.00$ 0 -$ Service Truck 35.00$ 8 280.00$ 907.52$ Description Unit Cost Units # of Units TOTAL Weed Barrier 200.00$ LS 1.00 200.00$ Round rock 54.00$ Ton 15.00 810.00$ Other misc 200.00$ LS 1.00 200.00$ Item 4 -$ Item 5 -$ 1,210.00$ Trucking -- included with rock -- Base Total Markup Markup Amt TOTAL w/ MU LABOR 1,880.00$ 29%545.20$ 2,425.20$ EQUIPMENT 907.52$ 21%190.58$ 1,098.10$ MATERIALS 1,210.00$ 21%254.10$ 1,464.10$ SUBCONTRACTOR -$ 12%-$ -$ SUBTOTAL 1 (PRE-TAX)4,987.40$ Use $5,000, track and pay based on T&M Material calculation: For round rock coverage, assume 100 SF/Ton Total est. area = 800 SF Total rock est = 8 tons, minimum For 15 ton truck (11 CY), $802 delivered from Peninsual Topsoil Weed Fabric = $200 MARKUPS Landscape restoration at 4412 Kitsap Way LABOR EQUIPMENT MATERIALS SUBCONTRACTOR PAGE 1 OF 1 CITY OF BREMERTON WORK CHANGE DIRECTIVE (WCD) WCD #: _028__ Date: 10/1/22 YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S): ATTACHMENT(S): Supporting cost and time invoices and summary sheets If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order is based thereon will involve one or more of the following methods of determining the effect of the change(s). The Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications, or Article 10 of the General Conditions. Method of determining change in Contract Price: Method of determining change in Contract Times: Unit Price Contractor’s Records Lump Sum Engineer’s Records Time & Materials Other: Other: Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: $ 82,065.63 . Substantial Completion: 0 days; If the change involves an increase, the estimated Ready for final payment: 0 days; amount is not to be exceeded without further If the change involves an increase, the estimated times authorization. are not to be exceeded without further authorization. RECOMMENDED: AUTHORIZED: CONTRACTOR CITY OF BREMERTON By: ____________________________________________ By: Bill Davis Project Name: ___OBBSU_______ Project #: ___5827__________ Contractor: ___ACI___________ NTP Date: ___06/03/21_______ Schedule D: Beach Work Additional time and materials associated with cutting and capping beach sewer laterals. Differing site conditions included: 1) Formerly unidentified asbestos cement laterals resulting in changed capping method; 2) Inability to fully drain the 12-inch sewer main which required extra vactor work from the uplands AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: February 8, 2023 Street Fund Budget Adjustment for the PSE- owned Streetlight LED Conversion Program COUNCIL MEETING Date: February 15, 2023 Department: PW&U Presenter: T. Knuckey Phone: (360) 473-2376 SUMMARY: Puget Sound Energy has established a new rebate program to convert high pressure sodium (HPS) streetlights to LED. Staff have coordinated with PSE on the programmatic conversion of all remaining HPS streetlights to LED – the conversion would be executed in small (120-light+/-) contracts with the goal to execute four contracts each year. At this level of delivery all 1,578 remaining HPS streetlights would be converted to LED in approximately 3-years. No City Council action is necessary to execute the conversion contracts; however, for 2023 a budget adjustment of $70,000 is required in the Street Fund to allow the contracts to be executed. ATTACHMENTS: Council Summary FISCAL IMPACTS (Include Budgeted Amount): The 2023 Street Operations budget is increased by $70,000 from REET to implement the Streetlight LED conversion. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to increase in the Street Fund budget by $70,000 to fund the PSE-owned Streetlight LED Conversion Program. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 A6 LED CONVERSION OF PSE-OWNED STREET LIGHTS Council Summary 2/15/23 Background Street illumination is accomplished using a combination of City-owned and PSE-owned streetlights, along with a few privately-owned streetlights on private streets. To date all 1,008 City-owned streetlights have been converted to LED; however, 1,578 of the 1,788 PSE-owned lights are high pressure sodium (HPS). Currently the HPS lights are replaced by PSE at their expense as they fail, and since these types of lights are being phased out, they are typically being replaced with LED. With the current approach, it is estimated that all HPS lights will be converted to LED in approximately 10-years. To date the City has not been eligible for grants to fund a programmatic LED conversion; however, PSE has advised of a new rebate program that results in a 4-year pay back on the cost of the conversion. The proposed program would convert PSE-owned lights in “Phases” of 120 lights, with the goal to convert four Phases each year. With this approach all PSE-owned streetlights would be converted to LED in approximately three years. Costs and Savings The City pays PSE a monthly tariff to operate and maintain each of its streetlights; for 2022 the total cost was $425,000. There are several different tariffs with different costs depending on the wattage and whether a light is HPS or LED; for example, the 2022 cost of a 100W HPS light is $14.72/month while a comparable 39W LED light is $11.61/month. Given that the cost to convert a light to LED is $256 and considering the $3/month savings, it takes over 7-years to recoup the conversion cost, and on this basis until now conversion has not been considered cost-effective. PSE’s rebate program reduces the conversion cost to $143/light which results in a 4-year payback which is considered cost-effective. An added benefit of the LED conversion is that the new streetlights have a “Smart Dimming Node” which allows dimming to address either customer concerns or for efficiencies. It is anticipated that these Smart Node streetlights will be less affected by upcoming rate increases. As currently envisioned, the conversion would be completed under four contract phases each year at a net-cost of $17,160 per phase ($68,640/yr) and so Council action is not required. That said, a budget adjustment is required to fund the 2023 work. At the current tariff rate, the annual savings to the City would be approximately $57K once all lights have been converted. It should be noted that PSE advises the rebate value is adjusted each January and could be eliminated at any time. Should the rebate either reduce significantly or cease altogether the City would stop the programmatic conversion. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: February 8, 2023 Ordinance adding Chapter 9.90 to the Bremerton Municipal Code entitled “Controlled Substances” COUNCIL MEETING Date: February 15, 2023 Department: City Attorney Presenter: Kylie Finnell Phone: (360) 473-2345 SUMMARY: Using alcohol and marijuana in public is prohibited by law. State law does not address the use of controlled substances in public. Using controlled substances in public without a prescription increases public disorder and negatively affects the user. It also negatively affects children and youth and normalizes the use of controlled substances without a prescription. This ordinance would make the use of controlled substances in public without a prescription a misdemeanor. This is consistent with the state law penalty for the possession of a controlled substance. This is not a crime that requires two referrals to treatment before a person can be arrested. Consequently, persons choosing to use controlled substances in public without a prescription would be subject to arrest. ATTACHMENTS: Ordinance No. ______ 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. ______ adding Chapter 9.90 to the Bremerton Municipal Code entitled “Controlled Substances.” COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A7 BMC Ch. 9.90 Controlled Substances Page 1 of 3 ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, adding Chapter 9.90 of the Bremerton Municipal Code entitled “Controlled Substances.” WHEREAS, the use of controlled substances without a prescription and the supervision of a medical professional can result in physical injury or death; and WHEREAS, the use of controlled substances without a prescription and the supervision of a medical professional often exacerbates mental health conditions; and WHEREAS, using controlled substances can alter a person’s brain or brain chemistry with negative health consequences; and WHEREAS, persons using controlled substances can become addicted to such substances resulting in negative physical and mental health consequences and damage to family and personal relationships; and WHEREAS, the use of controlled substances without a prescription or medical supervision is more likely to result in addiction; and WHEREAS, the use of controlled substances without a prescription is positively correlated with criminal behavior; and WHEREAS, the City has taken steps to address these problems through teaming police officers with the Behavioral Health Navigator and supporting the municipal court’s Therapeutic Court Program; and WHEREAS, state law now requires that persons subject to arrest for possession of a controlled substance be referred to assessment and services in lieu of arrest at least twice before they may be arrested; and WHEREAS, this state requirement has resulted in increased use of controlled substances in public; and WHEREAS, the use of controlled substances in public increases public disorder and the negative effects of using controlled substances without a prescription; and WHEREAS, the use of controlled substances in public negatively affects children and youth and normalizes the use of controlled substances without a prescription; and WHEREAS, the use of alcohol and marijuana by persons of legal ages is prohibited in public; and BMC Ch. 9.90 Controlled Substances Page 2 of 3 WHEREAS, prohibiting the use of controlled substances in public will enhance public health and safety; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.90 of the Bremerton Municipal Code entitled "Controlled Substances " is hereby added to read as follows: Chapter 9.90 CONTROLLED SUBSTANCES 9.90.010 USE OF A CONTROLLED SUBSTANCE IN A PUBLIC PLACE (a) It is unlawful for any person to knowingly use a controlled substance in a public place unless the controlled substance has been lawfully prescribed to the person using it. (b) “Use” means any effort taken in furtherance of an attempt to inject, ingest, inhale or otherwise introduce a controlled substance into the human body. (c) “Public Place” means an area generally visible to public view, and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the public, and doorways, windows, drive-up windows, and entrances to building or dwellings that are visible to public view. (d) Use of a controlled substance in a public place is a misdemeanor punishable pursuant to BMC 1.12.020(2). 9.90.020 OFFER OF REFERRAL When a police officer has probable cause that a person has committed the crime of possession of a counterfeit substance, possession of a controlled substance, possession of 40 grams or less of marijuana, possession of a legend drug, or possession of drug paraphernalia, the officer will offer a referral to assessment and services in the manner provided by RCW 10.31.115. When a police officer has probable cause that a person has committed the crime of use of a controlled substance in a public place, the officer may, but is not required to offer a referral and is authorized to book the person into jail regardless of whether that person has been previously offered a referral. 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 of the remaining portion of this ordinance and the same shall remain in full force and effect. BMC Ch. 9.90 Controlled Substances Page 3 of 3 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___. _________________________________ JEFF COUGHLIN, Council President Approved this ________ day of ________________________, 20___. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney PUBLISHED the ________ day of ______________________, 20__. EFFECTIVE the ________ day of ______________________, 20__. ORDINANCE NO. ________. R:\Legal\Legal\Ordinances\Legal\2023.01.31 Ordinance - BMC Ch. 9.90 - Controlled Substances.docx Published for February 8, 2023, Study Session B. General Council Business o Public Safety Committee Briefing (Last Meeting 2/02/23) – Vice Chair Jennifer Chamberlin o Regional and Other Committee/Board Briefings o Continued discussion on Joint Planning Session (1/28/23) – Council President Jeff Coughlin o Other General Council Business (As necessary, and as time allows…) From: City Council <City.Council@ci.bremerton.wa.us> Sent: Monday, February 6, 2023 1:27 PM To: City Council <City.Council@ci.bremerton.wa.us> Cc: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; Mike Riley <Mike.Riley@ci.bremerton.wa.us>; Thomas Knuckey <Thomas.Knuckey@ci.bremerton.wa.us>; Andrea Spencer <Andrea.Spencer@ci.bremerton.wa.us>; Patrick McGanney <Patrick.McGanney@ci.bremerton.wa.us>; Tom Wolfe <Tom.Wolfe@ci.bremerton.wa.us>; Tracy Flood <Tracy.Flood@ci.bremerton.wa.us>; Jennefer Johnson <Jennefer.Johnson@ci.bremerton.wa.us>; Jennifer Hayes <Jennifer.Hayes@ci.bremerton.wa.us>; Kylie Finnell <Kylie.Finnell@ci.bremerton.wa.us>; Jeff Elevado <Jeff.Elevado@ci.bremerton.wa.us> Subject: FW: February 8 - Material for Continued Joint Planning Session Importance: High Hi all, Please find attached two documents for our continued joint planning session at this Wednesday's study session. The first is a printout of the excel spreadsheet we were working on during the retreat. The only change I have made since the retreat is to add the third column of "Importance/Impact - Difficulty", and within each major category, sort the possible action items on th is value. Naturally, the items with high impact/importance and low difficulty float to the top, and visa versa. For the second document, I made a draft Goals and Priorities by taking the top items from each category. My hope is that that this Wed. we can finish quickly ranking the items in the remaining major categories, and be able to update the draft Goals and Priorities. Then, at the Feb. 22 study session we can iterate on that draft and update any language, add/remove/re-order items, etc. And then approve it at the Mar. 1 Council Meeting. Thanks again for all the time and great discussion last Saturday, and going forward, and please don't hesitate to reach out to me with any questions/concerns/input on the remaining process. Cheers, Jeff -- Jeff Coughlin, PhD City Councilmember, Bremerton District 3 2023 Council President This e-mail and further communication may be subject to public disclosure, if requested under the Washington Public Records Act (RCW 42.56). DRAFT 2023 City Council Goals & Priorities DRAFT As established at the Joint Planning Session on Jan. 28, 2023 and approved on XXX. Y, 2023 ________________________________________________________________________________________________________________________________________________ Economic Development • Continued Support of Western Washington Small Business Development Center • Ensure BE$T program is funded • Apply for ArtsWA Creative Arts District Certification • Provide ~$25k funding for more public art • Continue to support incentives and secure additional funding for redevelopment of Wheaton Way Corridor and Callow Business District • Work with GKC and send a survey to local registered businesses Public Safety and Support • Draft and Consider Marysville-like Ordinance Prohibiting Drug Use in Public • Update Ordinance on Prohibition of Camping in Public • Explore Creation of a City Health & Human Services Coordinator Position • Support development of a ballot initiative for property tax increase to create 17 Emergency Service FTEs Transportation • Complete a Sidewalk Policy • Review and Update the Non-Motorized Transportation Plan • Develop a policy for bicycle and scooter sharing programs • Identify Additional funding for residential street maintenance and restoration Communication • Hold District Meetings on Comprehensive Plan • Look for opportunities to implement changes that encourage civic engagement • Re-establish outreach program with Bremerton High School Youth Advisory Council • Craft Elected Official Social Media Guidelines • Craft a Proposal of a City Communications Position Affordable Housing Equity in Government Environmental Stewardship Staffing Possible Action Items (Updated Feb 5, 2023) (Blue = Carried Over from Last Year) This is only a focusing tool and subject to change. This does not reflect actual final priorities or language. Importance/ Impact (0 = None/Negative, 10 = Epic) Difficulty (0 = Trivial, 10 = Impossible) Importance/Impact - Difficulty Communication Hold District Meetings on Comprehensive Plan 7.2 1.0 6.2 Look for oppourtunities to implement changes that encourage civic engagement 8.0 4.0 4.0 Re-establish outreach program with Bremerton High School Youth Advisory Council 5.3 2.0 3.3 Craft Elected Official Social Media Guidelines 3.8 2.0 1.8 Craft a Proposal of a City Communications Position 5.8 5.0 0.8 Create Communication Plan Regarding Fireworks 2.0 3.0 -1.0 Publish a City of Bremerton "Good Neighbor Handbook"5.8 7.0 -1.2 Economic Development Continued Support of Western Washington Small Business Development Center 6.6 3.0 3.6 Ensure BEST program is funded 6.9 3.5 3.4 Apply for ArtsWA Creative Arts District Certification 6.8 3.8 3.0 Provide ~$25k funding for more public art 6.2 4.0 2.2 Continue to support incentives and secure additional funding for redevelopment of Wheaton Way Corridor and Callow Business District 6.0 4.0 2.0 Work with GKC and and send a survey to local registered businesses w/ council 8.8 9.0 -0.2 Continue $50k/yr funding to DBA for Main Street 4.3 5.0 -0.7 Perform Outreach to Arts Community On Vacant Buildings 3.8 5.0 -1.2 Host a joint feedback meeting with DBA/GKC to hear small business concerns 2.2 5.0 -2.8 Identify space and investigate creation of a small business space 1.8 6.0 -4.2 Require Local and Minority Outreach on All Contracts 5.0 10.0 -5.0 Investigate a tax incentive for targeted areas of the city 2.7 8.0 -5.3 Public Safety and Support Draft and Consider Marysville-like Ordinance Prohibiting Drug Use in Public 8.2 1.0 7.2 Update Ordinance on Prohibition of Camping in Public 9.8 5.0 4.8 Explore Creation of a City Health & Human Services Coordinator Position 7.5 5.0 2.5 Support development of a ballot intiative for property tax increase to create 17 Emergency Service FTEs 7.2 6.0 1.2 Transportation Complete a Sidewalk Policy 9.3 1.0 8.3 Review and Update the Non-Motorized Transportation Plan 7.3 1.0 6.3 Develop a policy for bicycle and scooter sharing programs 6.5 3.0 3.5 Identify Additional funding for residential street maintenance and restoration 9.5 6.5 3.0 Identify specific funding for new sidewalks in areas that currently lack 7.7 9.0 -1.3 Affordable Housing Identify new partnerships and programs for greatest impact Explore feasibility of implementing findings of March 2020 Affordable Housing Recommendations report Identify surplus property for possible affordable housing development Secure additional funding for affordable housing programs Identify Funding for Community Organizations to Develop More Affordable Housing Create incentives for ADUs, cottage, duplex/triple, etc. "missing middle" housing development Eliminate 8 year MFTE and scale 12 year MFTE to Bremerton AMI Identify and increase funding for rental assistance and weatherization Identify Empty City Buildings and Properities for Housing Equity in Government Maximize affordability by using equity and racial justice lens Define the functions, power, and duties of the DEI Position Draft Ordinance to Create Permanent Race Equity Commission Hire a consultant to help define roles and responsibilities of the DEI Position Enviromental Stewardship Continue support of Kitsap Lake Water Quality Program Pursue additional funding to address noxious weeds Develop policies that encourage environmental stewardship Support the planning and development of a Trail System through Bremerton Secure dedicated sustainable funding for Parks Capital Improvement Projects and expansion Hire a CivicSpark Fellow for Sustainability Audit Create Plan for Establishing Sylvan Park (YMCA Area) Staffing Make Auditor Full-time Position Identify opporunities to create and hire staff for jobs currently performed by contractors From: City Council <City.Council@ci.bremerton.wa.us> Sent: Monday, February 6, 2023 1:27 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: FW: Response to PW Comment - Council Goals (Tom Knuckey) Attn: Council Members (FYI) From: Jeff Coughlin <Jeff.Coughlin@ci.bremerton.wa.us> Sent: Sunday, February 5, 2023 10:28 PM To: Thomas Knuckey <Thomas.Knuckey@ci.bremerton.wa.us> Cc: City Council <City.Council@ci.bremerton.wa.us>; Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Subject: Re: PW Comment - Council Goals (Tom Knuckey) CC: Council Members Director Knuckey, Thanks so much for this feedback and suggested language, and my apologies we ran short on time during the retreat to thoroughly discuss these items. You'll see shortly an e-mail from me with a copy of the spreadsheet we were working of off, and an example draft of a Council Goals and Priorities document from it. Council can definitely consider these suggested wording changes. We could possibly consider them this Wed. to finish out Transportation before starting in on the remaining categories. For sure we can consider them at the Feb. 22 study session when we'll be staring at a complete draft of the Goals and Priorities and tweaking language. Cheers, Jeff -- Jeff Coughlin, PhD City Councilmember, Bremerton District 3 2023 Council President This e-mail and further communication may be subject to public disclosure, if requested under the Washington Public Records Act (RCW 42.56). From: City Council <City.Council@ci.bremerton.wa.us> Sent: Thursday, February 2, 2023 4:49 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: FW: PW Comment - Council Goals (Tom Knuckey) Attn: Council Members (FYI) From: Thomas Knuckey <Thomas.Knuckey@ci.bremerton.wa.us> Sent: Thursday, February 2, 2023 11:56 AM To: Jeff Coughlin <Jeff.Coughlin@ci.bremerton.wa.us> Cc: City Council <City.Council@ci.bremerton.wa.us>; Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Subject: Council Goals President Coughlin – I wanted to close the loop with you regarding comments I made at the end of the Joint Planning Session on Saturday related to two possible Street and Sidewalk action items:  Secure additional sustainable funding for local streets and sidewalks, and  Identify and increase funding for new sidewalks in areas that currently lack them While I clearly support the goal to secure new revenue for street and sidewalk improvements, I’m concerned with language that could be construed to direct that funding to specific improvements, rather than allowing staff to consider the needs of the City’s road network wholistically, and prioritize improvements based on safety and other factors. In addition, our accounting and ability to manage our street activities are greatly complicated when our limited funds are restricted to specific types of roads or categories of work. To both address Council’s goal to increase work delivery on local streets and sidewalk infill projects, while also addressing my concerns to not inadvertently restrict funding, I suggest modifying the possible action item bullets to the following:  Secure new sustainable funding for streets and sidewalks,  Increase the priority of major maintenance and construction on streets where Bremerton Citizens reside,  Increase the priority for constructing sidewalks in areas that lack them Thank you for your consideration, Tom Knuckey, P.E. Director of Public Works & Utilities City of Bremerton Desk (360) 473-2376/Cell (360) 710-0039 thomas.knuckey@ci.bremerton.wa.us