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…
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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