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Home My WebLink About03/06/2013 AGENDA I CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 MARCH 6, 2013 CITY COUNCIL MEETING AGENDA 1 BRIEFING: 5 00 — 5 30 P M in COUNCIL CONFERENCE ROOM 603 A General Council Business 2 CALL TO ORDER 5 30 P M in FIRST FLOOR CHAMBERS A Pledge of Allegiance B Invocation 3 PUBLIC RECOGNITION 4 MAYOR'S REPORT 5 INFORMATION ONLY — Launching of Kitsap Humane Society's Trap /Neuter /Return Program (for Stray and Feral Cats) in the City of Bremerton — Eric Stevens, Interim Executive Director of the Kitsap Humane Society, and Dr Jeri Stonequist, Director of Shelter Medicine 6 CONSENT AGENDA A Claims & Check Register B Minutes of Meeting — February 20, 2013 C Minutes of Study Session — February 27, 2013 D Resolution No 3187 repealing Resolution No 2980, and adopting new Bremerton City Council Rules & Procedures 7 GENERAL BUSINESS A Approval to proceed with plans for Expansion of Harborside Conference Center facilities 8 COUNCIL MEMBER REPORTS 9 EXECUTIVE SESSION A 30- minutes to discuss "Pending Litigation" and "Potential Litigation" per RCW 42 30 110(1)(1) (Action is anticipated ) 10 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Amencans with Disabilities Act (ADA) accommodations provided upon request Those requ►nng special accommodations please contact the City Clerk at (360) 473 -5323 by noon on the day preceding the Meeting BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT SO YOUR NAME CAN BE INCLUDED IN THE RECORD V�kz, 0 "+On q R OY G` xq er REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU SA From: Eric Stevens [executivedirector @ kitsap- humane.org] Sent: Monday, February 04, 2013 11:49 AM To: City Council Subject: Feral Cat program information from Kitsap Humane Society DEAR BREMERTON MAYOR AND CITY COUNCIL MEMBERS, I am contacting you at the suggestion of Cary Bozeman, who sits on the Kitsap Humane Society Board of Directors The Kitsap Humane Society is pleased to announce that we will be launching a new program to help control the feral cat population in Bremerton Over the past several years, we have seen an explosion of stray cats and kittens being brought into the Kitsap Humane Society from the Bremerton area, with many of them being feral cats It is our estimate that there are more than 1,100 feral cats living within the City of Bremerton The overpopulation of such cats and their continuing reproduction can be problematic for any community Feral cats can become a public nuisance and /or create health issues for other cats Many feral cats are wild, often engage in fighting and scavenging, and they breed prolifically The large numbers of such cats coming in to KHS adds to the burden of care the Kitsap Humane Society must provide to our community The feral cat Trap /Neuter /Release program, commonly known as "TNR" is based on national research models It is a proven, effective, humane and cost - effective way of controlling feral cat populations The Kitsap Humane Society has received a grant from PetSmart Charities to run a pilot project to determine if we can effectively reduce the feral cat population through a humane program of trapping and spay /neutering This program is done in partnership with local citizen volunteers who are interested in helpme us This project is being implemented under the supervision of Dr Jeri Stonequist, our Director of Shelter Medicine Both Dr Stoneouist and I would be elad to come and present /educate the Bremerton City Council about this project if you would like us to Implementation of this program begins immediately Sincerely, Eric Stevens Interim Executive Director Kitsap Humane Society 360 - 692 -6977 ext 1115 Kitsaa- Humane ore Twitter com /KitsaoHumane5oc FaceBook com /KitsapHumanesociety Rescue Rehabilitate Rehome t Teaching a child not to step on a caterpillar is as valuable to the child as it is to the caterpillar - Bradley Miller KITSAP Kitsap Humane Society HUMANE making TNR work for your community 16— S OCIETY Rescue n Rehabilitate n Rehome February 1, 2013 LAUNCHING OF KITSAP HUMANE SOCIETY COMMUNITY CAT PROGRAM OF BREMERTON 1. Purpose Kitsap Humane Society (KHS) will lead and coordinate a trap- neuter - return (TNR) program in the city of Bremerton for the purpose of humanely and effectively stabilizing and gradually reducing Bremerton's free - roaming and feral cat population. KHS will work with volunteers, local spay /neuter groups, and community cat caretakers to implement the program Benefits of this program include fewer to no births, reduction of nuisance complaints by residents, alleviation of public health concerns, and conservation of animal control efforts. The goal will be to TNR as quickly as possible all stray and feral cats in Bremerton who can be identified and captured with reasonable, good faith efforts. The realistic goal is not to 100 percent eliminate new litters of kittens, but to dramatically reduce their occurrence to no more than several a year and thereby cause the gradual reduction of the Bremerton feral cat population through attrition. Based on un -owned cat estimates by population density, KHS expects 600 Bremerton cats to be trapped and altered between now and December 31 2013. Scientific studies show that TNR is the only the humane and effective solution for managing feral cats Attempts to permanently remove cats from an area always fail because of a natural and documented phenomenon known as the vacuum effect. In basic terms, whenever cats are removed, new cats move in, or the surviving cats left behind, breed to capacity As a result of the vacuum effect, other approaches to feral cats, such as trap and kill, are not only cruel and pointless, they are also completely ineffective at stabilizing the cat population. This program is intended as a pilot program and will serve as a model for future TNR projects throughout the entire county. We encourage volunteer participation by all Kitsap County residents in the TNR program. 2. Trapping KHS will be primarily responsible for trapping efforts, and will ensure permission from property owners is obtained before setting traps. Efforts will be coordinated based on the colony feeding habits and surgery availability. Through canvassing activities, all neighbors within % mile will be notified of scheduled trapping to avoid the trapping of owned cats and encourage community cooperation. Any obviously owned animal will be immediately released. 3. Ear - tipping All cats sterilized and returned will receive an "ear tip ", which is a universal indicator that a cat has been fixed. This allows caretakers to identify already sterilized cats from a distance, and thereby avoid duplicating costly efforts of trapping and unnecessary anesthesia. The procedure involves removing approximately a quarter -inch off the tip of the cat's ear in a straight line cut, left for males and right for females This is done while the cat is anesthetized for spay /neutering and healing is rapid. 4. Consultation and advice During and following the uutial mass trapping phase of the TNR program and for as long as the TNR program remains in place, KHS will provide ongoing guidance and assistance to the colony caretakers in Bremerton on the long -term care of the cats, including feeding, shelter, community relations, emergency trapping, policies, etc 5. Funding This project is funded through a PetSmart Chanties® Free - roaming cat spay /neuter grant. 6. Impact Reports will be compiled quarterly and will be available as requested. Data will include information on free roaming cats that have been TNR'ed by location, shelter intake numbers of cats and kittens, and surgery details 7. Friendly cats and kittens Determining disposition of potentially adoptable cats and kittens trapped during the TNR program will be the responsibility of KHS While KHS encourages adoptive placement for social cats and kittens, in certain circumstances cats may be returned to their original environment if ongoing care is provided We are thrilled to begin the Kitsap Humane Society Community Cat Program of Bremerton, and expect a sithve outcome for all involved 2- l�3 Eric Stevens- Executive Director, KHS Dated /"/, e �- h3 3 J fer Sto 1 M- Director of Shelter Medicine, KHS Dated i i i 4 HUMANE S RESCUE REHABILITATE REHOME Bremerton Commun Cats m March 6th 2 ®13 Eric Stevens, Interim Executive Director Dr. Jen St onequis t, Director of Shelter Medicine f 4 HUM SOCIET RESCUE REHABILITATE REHOME d� 1 i made p ossible by a g enerous f rom PET Id RT i - -- - - - -- - - - - - -- - -- - -- - -- - -- - - -- - - - - -- so I i j HUMANE SOCIETY RESCUE REHABILITATE REHONIE r Look at the N Y Ai= *Estimated 1.23 million feral and free 4 roaming cats in Washington, and !�-.. 1,100 free roaming cats in Bremerton. P *Less than 3% of free - roaming cats f are altered. ( 1 Cats can reproduce as early as 4 months of age. One female cat and o her offspring will produce 100 cats in seven years. *Multiple long -term studies of Trap- - Neuter- Return have shown that the size of managed colonies decreases -- - over time, by 30 -70% 9 r. s KITSRP HUMANE SOCIRY RESCUE REHABILITATEREH93ME What ? isTNR. TNR = Trap, Neuter, Return -�t Cats in a colony are trapped, neutered and then returned to their territor l i where caretakers provide them with regular food and shelter. • The cats are present because there is a valuable resource (food, shelter, etc.) • Alternately, if cats are removed, this frees up a valuable resource for more unaltered cats to move in and claim territory "revolving door ". KI HUMAKE � -- - - RESCUE REHABILI�'ATE REHPME 4 �r frj Benef of TNR s i • POPULATION CONTROL: cats, in managed areas are no longer, breeding and producing more kittens. Over time due to attrition the numbers decline instead of increasing. • ELIMINATION OF BEHAVIORS associated, with reproduction: J Mating, Roaming,'Yowling, Spraying /Marking, Fighting, Odor i • EFFICIENT USE OF RESOURCES: adoption along with proactive - _ r e t e ` spay neuter to manage populations • WHAT DOES THE COMMUNITY WANT? I 4 j� j i HUMANE S RESCUE REHABILITATE REHORAE - Li L ' A I I ' I I • WHAT DOES THE COMMUNITY WANT? " l 4 0 %/b I ! ! I i - I I ■Leave the cats alone Trap & kill the cats I Li Oth ! l % i I I ' I i ! ` I f i I I 1 I i 4 HUMANE S RESCUE REHABILITATE REHOME Evidence of Success • Jacksonville, FL • San Jose, CA • Newburyport, MA Shelter Crowd Control • New York, NY 2006 200 2008 • Burlington,, NJ 400 300 200 100 0 Jan Feb Mar April May June July Aug Sept Oct Nov Dec - -- - - - -- - - - - - -- -- - - - -- -- - -- - 4 � t 4 KI HUMANE SOCIETY _ + � � RESCUE REHABILITATE REHOME [1] Levy, Julie K., David W. Gale, and Leslie A. Gale. "Evaluation of the Effect of a Long -Term Trap- Neuter- j Return and Adoption Program on a Free- Roaming Cat Population." Journal of the American Veterinary Medical Association 222, no. 1 (2003): 42 -46. [2] Kathy L. Hughes and Margaret R. Slater: Implementation of a Feral Cat Management Program on a University Campus (JAAWS Vol. 5 No. 1, 2002) I i [3] Scott, Karen C., Julie K. Levy, and Shawn R Gorman. "Body Condition of Feral Cats and the Effect of Neutering." Journal of Applied Animal Welfare Science 5, no. 3 (2002): 203 -213. j [4] Neville, P.F. and J. Remfry. "Effect of Neutering on Two Groups of Feral Cats." The Veterinary Record 114 (1984):447-450. 1 1 [5] Scott, Karen C., Julie K. Levy, and Shawn R Gorman. "Body Condition of Feral Cats and the Effect of Neutering." Journal of Applied Animal Welfare Science 5, no. 3 (2002): 203 -213. [6] Levy, Julie K., David W. Gale, and Leslie A. Gale. Evaluation of the Effect of a Long -Term Trap- Neuter- Return and Adoption Program on a Free- Roaming Cat Population." Journal of the American Veterinary Medical Association 222, no. 1 (2003): 42 -46. [7]Hughes, Kathy L., Margaret R. Slater, and Linda Haller. "The Effects of Implementing a Feral Cat Spay /Neuter Program in a Florida County Animal Control Service." Journal of Applied Animal Welfare Science 5 (2002): 285 -289. [8] Ibid. [9] Alley Cat Allies. (2009). Community Relations: Protecting Cats with Outreach, Education, and j Negotiation. Washington, DC: Author. [10] Ibid. [11] Humane Society of the Ochocos. Feral Cat Problem. 2011 j http: // www. humanesocietyochocos .com /Feral.htmi (accessed February 10, 2011). [12] "Taking a Broader View of Cats in the Community ", Animal Sheltering, September /October 2008, 1 http: // www .animalsheitering.org /resource_ library/ magazine_ articles /sep_oct_2008 /broader_view_of cats.pdf (accessed February 10, 2011). E ` I AGENDA BILL CITY OF BREMERTON 4A CITY COUNCIL ■• rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr■ SUBJECT Claims & Check Register Study Session Date COUNCIL MEETING Date March 6, 2013 Department Financial Services Presenter Shannon Conn Phone 473 -5323 SUMMARY: Approval of the following checks and electronic fund transfers 1) Check #'s 352437 through 352525 and EFT's 12620 through 12649 in the amount of $1,252,268 97 2) Regular Payroll for the pay period ending February 15, 2013 in the amount of $15,038 83 3) Regular Payroll for the pay period ending February 28, 2013 in the amount of $618,464 59 4) Retiree Payroll for the pay period ending February 28, 2013 in the amount of $61,254 61 ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount) STUDY SESSION AGENDA ® No Discussion ❑ Full Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to approve consent agenda as presented COUNCIL ACTION: jApprove ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON (08 CITY COUNCIL ■■ eemeemeeeeeemeeeeeeseeeeeameeeeeemeeeeeeemeeeeeemeemeemeeeemeememeemeeemmmmemmeemeee SUBJECT COUNCIL MEETING Date March 6, 2013 Department City Council Minutes of Meeting Presenter Greg Wheeler February 20, 2013 Council President Phone (360) 473 -5280 SUMMARY. Attached is a summary of the City Council Meeting ATTACHMENTS Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A STUDY SESSION AGENDA 0 No Discussion ❑ Full Presentation STUDY SESSION ACTION 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION. Move to approve the Consent Agenda as presented COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, February 20, 2013 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, February 20, 2013, at 5 00 PM in the Council Conference Room 603 of the NORM DICKs GOVERNMENT CENTER, 345 6 Street, Bremerton, Washington, with Council President Greg Wheeler presiding Council Members present were Nick Wofford, Eric Younger, Wendy Priest, Adam Brockus, Leslie Daugs, and Jim McDonald Council Members Faye Flemister and Carol Arends were absent Also present were City Attorney Roger Lubovich, City Clerk Shannon Conn, and Council Assistant Christine Grenier A COUNCIL BRIEFING was held to discuss General Council Business at 5 00 PM in the Council Conference Room At 5 30 PM the meeting moved to the Meeting Chambers The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation provided by Associate Pastor Bob Westfall of the Bremerton First Church of the Nazarene PUBLIC RECOGNITION John Thomas expressed concerns about the impact of proposed projects for Pacific and Washington Avenue on bus and commuter traffic Chal Martin Public Works & Utilities Director explained that solutions will be presented in upcoming public meetings Roy Runyon asked several questions regarding a proposed vacation of Chester Avenue near Olympic College that was discussed at a Public Works Committee meeting on February 12, and commended Council Member Faye Flemister for not supporting the option of waiving compensation Mr. Martin responded that the discussion is preliminary right now, and the issue is currently being reviewed by Olympic College Vern LaPrath was pleased with safety improvements in the downtown area but will remain vigilant in requesting simple and long overdue fixes to Hanford Avenue, and specified that the Wheaton Way corridor also needs attention President Wheeler encouraged Mr LaPrath to leave his contact information so that a meeting with him could be arranged Paul Dutky reported on the "Move to Amend" petition drive that supports an amendment to the State Constitution regarding campaign finance reform and corporations Chris Henry provided historical information on how the discussion on corporations and campaign finance reform evolved to its current state, and hoped Council would support a resolution to move towards a change in the Constitution MAYOR'S REPORT — Mayor Patty Lent • Acknowledged members of Boy Scout Troop 1510 of Manette who were in attendance to earn a government badge, • Commended City of Bremerton employees for their commitment to a safe work environment by reducing the number of on the fob injuries to its lowest levels since 1992, • Announced that the City has received a grant which will be used for tree planting by the boat ramp and Beyond Accessible Playground at Evergreen Park, • Welcomed Kathleen Cahall Water Resources Manager, who reported that the City received a "Silver Engineering Excellence Award" from the American Council of Engineering Companies for the UV Treatment Plant Facility project which keeps water quality high, • Announced that there will be a Stakeholders Celebration for the Youth Wellness Campus project on March 8 at 5 30 P M at the Boat Shed restaurant, and City Council Reg Mtg Minutes Wednesday, February 20, 2013 Page 2of3 • Invited Muncipal Court Judge James Docter to perform the "Oath of Office" Ceremony for new Police Chief Steven Strachan Chief Strachan then thanked the Mayor and Council for their support, acknowledged law enforcement representatives, members of his family, and close friends, shared a story from early in his career, and felt privileged to be in law enforcement and to lead the Bremerton Police Department CONSENT AGENDA 5A — Claims & Check Register Check Numbers 352235 through 352436, and EFT -12584 through EFT -12619 in the amount of $1,970,480 60, Regular Payroll (Patrol Overtime) in the amount of $1,131 68 for the pay period ending January 31, 2013, and Regular Payroll for the pay period ending February 15, 2013 in the amount of $697,001 36 5B — Minutes of Special Meeting — February 4, 2013 5C — Minutes of Meeting — February 6, 2013 5D — Minutes of Study Session — February 13, 2013 5E — Re- Appointment of Geoff Wentlandt to the Design Review Board 5F — Appointment of Emily Russell to the Design Review Board 5G — Professional Services Contract with PALADIN DATA SYSTEMS for a Permitting System Upgrade to SMARTGov Community Software 5H — Professional Services Agreement with SUMMIT LAW GROUP 51— Purchase of two (2) 2012 Chevrolet Caprice Police Pursuit Vehicles through the State of Washington Contract No 03611 5J — Contract for Replacement of Effluent Pumps for the Wastewater Treatment Plant There were no comments from the public 06:03:47 Motion was made by Brockus, and seconded by Wofford City Attorney Roger Lubovich requested that the amendment to Item 5D proposed by Mr Brockus be stated Mr Brockus clarified that the following language was added under General Council Business Item C8 "Mr McDonald led a discussion regarding the City Auditor position and possible Charter changes" 06.04.37 M /S /C /U (Brockus/Wofford) Move to approve the CONSENT AGENDA with the Minutes of Study Session February 13 as amended GENERAL BUSINESS — There were no General Business items COUNCIL MEMBER REPORTS Greg Wheeler announced the Beyond Accessible Play Celebration on Saturday, February 28 from 1 00 to 3 00 PM, and that he would be hosting a Multi- District Community Meeting with District 4 (Wendy Priest), District 6 (Faye Flemister), and District 7 (Carol Arends) on Monday, March 4 from 6 30 to 8 00 PM at the Community of Christ at Memorial Lutheran Church located at the corner of 10` & Veneta, and that the program will feature a discussion on the "Utility Rate Study" and another opportunity to meet new Police Chief Strachan Wendy Priest will be attending the Black History Celebration this Friday from 8 30 to 9 45 AM at Bremerton High School, announced that the Valentinetti Puppet Museum will be presenting the "Secret Life of Bugs" on Saturday, March 2 at 2 00 PM at the Olympic College Theatre, and City Council Reg Mtg Minutes Wednesday, February 20, 2013 Page 3 of 3 announced that there will be a Kitsap Regional Library Foundation Fundraiser featuring mystery author Laurie King on Thursday, March 14 from 7 00 to 9 00 PM at the Rice Fergus Miller Office located on 5 1h Street Adam Brockus invited the public to attend the next District 3 Community Meeting on Tuesday, February 26 from 6 30 to 8 00 PM at the Bremerton Senior Center located at East 13 Street & Nipsic Avenue for a presentation by Public Works Director Chal Martin on the "Utility Rate Study" Attendees were encouraged to bring their water bill to run through the calculator to get an estimate on future rates, also announced the Saint Patrick's Day Parade would be held on Saturday, March 16 beginning at 10 00 AM in downtown Bremerton, and lastly reported on his attendance at the Legislative Action Conference where he asked for support on ferries and street funding Leslie Daugs also attended the Legislative Action Conference, and thanked the Bremerton Police Department for taking time and effort to provide a tour of facilities recently Jim McDonald was excited that spring is almost here, and enjoyed attending the Valentine's Day dinner and movie "Casablanca" at the Admiral Theatre With no further business, President Wheeler adjourned the Council Meeting at 6 13 PM Prepared and Submitted by CHRISTINE GRENIER Council Assistant Attest SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW SC Is cg AGENDA BILL CITY OF BREMERTON (0 co CITY COUNCIL SUBJECT COUNCIL MEETING Date March 6, 2013 Department City Council Minutes of Study Session Presenter Greg Wheeler February 27, 2013 Council President Phone (360) 473 -5280 SUMMARY Attached is a summary of the City Council Meeting ATTACHMENTS- Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A STUDY SESSION AGENDA ❑x No Discussion ❑ Full Presentation STUDY SESSION ACTION ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION. Move to approve the Consent Agenda as presented COUNCIL ACTION- ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, February 27, 2013 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6 Street, Bremerton, Washington, Wednesday, February 27, 2013, at 5 00 PM, with Council President Greg Wheeler presiding Council Members present were Nick Wofford, Carol Arends, Wendy Priest, Adam Brockus, Leslie Daugs, and Jim McDonald Council Members Faye Flemister and Eric Younger were absent Lori Smith, Legislative Assistant, was present to provide staff support President Wheeler emphasized that the Study Session was open to the public but there would be no opportunities for input or participation, and announced that approved items by Council will be placed on the March 6, 2013 Council Meeting Agenda, or as indicated A NO PRESENTATION PLANNED -The following items are budgeted items or have been reviewed by the appropnate Council Committee 1 Resolution updating the Bremerton City Council Rules & Procedures Consent Agenda B FULL PRESENTATION ITEMS 2 Ordinance repealing Chapters 10 10 entitled "Restricted Parking Zones" and 10 11 entitled "Parking Enforcement", adopting Chapter 10 10 entitled "Parking Code ", and amending Chapter 11 10 of the Bremerton Municipal Code (BMC) Study Session March 13 3 Resolution amending "Municipal Court — Rate Table B ", and reestablishing fees, fines, and penalties regarding parking and related matters Study Session March 13 President Wheeler called a 10- minute recess from 7 00 to 710 PM 4 Approval to proceed with plans for Expansion of Harborside Conference Center facilities General Business C GENERAL COUNCIL BUSINESS 5 Council Committee Briefings and General Council Reports were provided With no further business, President Wheeler adjourned the Council Special Meeting at 8 30 PM Prepared and Submitted by LORI SMITH Attest Legislative Assistant SHANNON CORK City Clerk GREG WHEELER, City Council President GW SC Is cg AGENDA BILL CITY OF BREMERTON to CITY COUNCIL M t\ 0 V 0\ a 2 0 0 0 0 E 0 0 0 0 a N 0 0 0 0 a 0 0 0 0 2 0 0 0 0 0 0 0 0 0 a 0 0 M 0 0 0 0 0\ 0 0 0 M N 0 0 N 0 0 2 0 E E 0 0 0 0 E a 0 0! 0 0 E M 0 0 M 0 0 a E E! N 1 STUDY SESSION Date February 27, 2013 SUBJECT Resolution No 3187 COUNCIL MEETING Date March 6, 2013 adopting Bremerton City Council Rules & Department City Council Procedures Presenter Greg Wheeler Council President Phone (360) 473 -5280 SUMMARY The proposed resolution amends and updates the Bremerton City Council Rules and Procedures by repealing the Rules and Procedures adopted by Resolution No 2980, and adopting Rules and Procedures that accurately reflect the process and meeting schedule by which the Council currently conducts its business ATTACHMENTS: Proposed Resolution No 3187 Exhibit A — Proposed Council Rules and Procedures Resolution No 2980 Resolution No 2951 FISCAL IMPACTS (Include Budgeted Amount) N/A STUDY SESSION AGENDA ❑x No Discussion ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to adopt Resolution No 3187, adopting Bremerton City Council Rules and Procedures COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 RESOLUTION NO. 3187 A RESOLUTION of the City Council of the City of Bremerton, Washington, repealing Resolution No 2980 and adopting new Rules and Procedures for the City Council to conduct its business WHEREAS, the City Council adopted Resolution No 2980 on October 5, 2005, which amended the Rules and Procedures for the City Council to conduct its business, and WHEREAS, the City Council desires to again update the Rules and Procedures for the City Council, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. Resolution No 2980 is hereby repealed in its entirety SECTION 2. The Bremerton City Council Rules and Procedures attached hereto as Exhibit A are hereby adopted and shall become effective upon passage of this resolution SECTION 3. Severabihbt If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect SECTION 4. Effective Date This Resolution shall take effect and be in force immediately upon its passage PASSED by the City Council of the City of Bremerton, Washington this day of , 2013 GREG WHEELER, Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney SHANNON CORIN, City Clerk R \LEGAL \Resolutions \0ty CounciWouncll Rules and Procedures2013A doc 1 Council Rules and Procedures EXHIBIT A Bremerton City Council Rules & Procedures O UIUV 0P , [ 0X11, Rules & Procedures Page 1 Resolution No 2951 Amended Resolution No 2980 [Proposed] Amended Resolution No 3187 CONTENTS RULE 1- MEETINGS 3 RULE 2 - PRESIDING OFFICER - DUTIES 5 RULE 3 - COUNCIL MEMBERS 6 RULE 4 - AGENDA CONTROL 7 RULE 5 - REGULAR COUNCIL MEETINGS -ITEMS OF BUSINESS 7 RULE 6 - DEBATES 9 RULE 7 - PARLIAMENTARY PROCEDURE 9 RULE 8 - ORDINANCES - RESOLUTIONS 9 RULE 9 - MISCELLANEOUS 10 RULE 10 - COUNCIL EXPENSE REIMBURSEMENT 12 RULE 11— QUASI - JUDICIAL HEARINGS 12 RULE 12 - CLOSED RECORD HEARINGS 13 Rules & Procedures Page 2 Resolution No 2951 Amended Resolution No 2980 [Proposed] Amended Resolution No 3187 RULE 1 - MEETINGS 1. Regular Meetings: The City Council shall meet r-egulafly oft Wednesday of eaek wee! 9 30-p m in accordance with Rule 5, Room, Br-emeften City Hall, Br-emet4on, , except as follows (a) There shall be no regular meeting of the City Council during the week of Thanksgiving (b) If at any time any regular meeting of the City Council falls on a legal holiday, then pursuant to RCW 42 30 070 such regular meeting shall be held on the next business day i Upon a motion, and majority vote, the Council may recess from a meeting to a certain time and place set forth in the motion ii Meetings may be relocated to accommodate special needs or circumstances 2. Special Meetings: Special meetings or any change in the time or location of a regular meeting shall be called by the Council President, or a majority of the members of the City Council, by delivering personally or by mail, e-mail, or fax, written notice to each member of the Council, and to each local newspaper of general circulation and to each local radio or television station which has on file with the City a written request to be notified of such special meeting or of all special meetings The notice must be delivered personally or by mail fax or e-mail at least twenty-four hours before the time of the meeting as specified in the notice The call and notice shall specify the time and place of the special meeting and the business to be transacted Final disposition shall not be taken on any other matter at such meetings Written notice may be dispensed with (a) If a member, prior to the convening of the meeting, files waiver of notice with the City Clerk, either written, by e -mail, or by FAX, (b) If a member is actually present at the time the meeting convenes, or (c) If the special meeting is called to deal with an emergency involving injury or damage to persons or property, or the likelihood of such, where these requirements would increase the likelihood of such injury or damage (RCW 42 30 080) 3. Quorum: Five Council Members shall constitute a quorum for the transaction of business, and in the absence of a quorum the members present may adjourn the meeting to a later date Beginning January 1, 2014, four Council Members shall constitute a quorum 4. Open Public Meetings Act: All Council meetings shall be conducted in conformity with the Open Public Meetings Act (RCW 42 30) 5. Appearance of Fairness /Conflict of Interest: In all its dealings, the Council and its individual members shall be governed by RCW 42 36 (Appearance of Fairness Doctrine), RCW 42 20 (Misconduct of Public Officers) and RCW 42 52 (Ethics in Public Service) and Chapter 2 96 BMC Rules & Procedures Page 3 Resolution No 2951 Amended Resolution No 2980 [Proposed] Amended Resolution No 3187 6. Executive Sessions: The Council may hold Executive Sessions during a regular or special meeting to consider matters allowed under RCW 42 30 110 as it now exists or is hereafter amended including (a) consideration of acquisition or sale of real property if public knowledge would adversely affect the price, (b) discussion with legal counsel of City enforcement actions or potential or pending litigation in which the City is, or is likely to become, a party, (c) to receive and evaluate complaints against a public employee, unless the employee requests the consideration to be held in an open meeting, (d) evaluate the performance of an employee or qualifications of an applicant for City employment, so long as the final decision to hire and terms of employment, and decisions to terminate or discipline, are taken in an open meeting, (e) to review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs, and (f) to evaluate the qualifications of a candidate for appointment to elective office See RCW 42 30 110 for complete itemization of executive session topics Before convening in Executive session, the presiding officer shall announce the purpose of the session and the anticipated length of such session, and whether further action is anticipated Should the session require more time, a public announcement shall be made that the session will be extended The Council will return to the open meeting , as applicable, for Adjournment of the meeting Confidential discussions during Executive Sessions shall not be disclosed by any Council Member or City official in attendance to any person unless confidentiality is waived by a majority of the Council Violation of confidentiality may result in a censure motion by the Council during a regular meeting 7. Telephonic Appearance: Council Members may appear at a council meeting via telephone under limited circumstances Telephonic appearances are for the benefit of the City of Bremerton and not for the benefit of an individual Council Member Telephonic appearances may occur as follows (a) The Council President may approve a Council Member's appearance at a council meeting via telephone when action on a measure to be voted on cannot be delayed but rather requires immediate action or remedy and one or more of the following circumstances exists i Due to fire, flood, earthquake, or other emergency, there is a need for action by a governing body to meet the emergency, ii A vote of the council of the whole is required for action, or iii A unanimous vote of the whole council is required for passage of a measure (b) In the event that subsection 7(a) of Rule 1 of the Bremerton City Council Rules and Procedures has been satisfied and more than one Council Member is absent, Rules & Procedures Page 4 Resolution No 2951 Amended Resolution No 2980 [Proposed] Amended Resolution No 3187 reasonable efforts shall be given to provide all absent members an opportunity to appear via telephone In no event shall the Council President approve a Council Member's telephonic appearance unless satisfactory equipment is available Satisfactory equipment shall mean any telephone equipped with a speakerphone function capable of broadcasting the Council Member's voice attending via telephone clearly and sufficiently enough to be heard by those in attendance at the meeting The telephone must allow the Council Member to take and answer questions as posed from time to time (c) During any meeting that a Council Member is attending via telephone, the Council President or presiding Council Member shall state for the record that a particular Council Member is attending via telephone and the reasons for such attendance (d) Council members appearing via telephone may participate and vote during the meeting as if they were physically present at the meeting (e) Council Members appearing via telephone shall comply with all rules and procedures as if they were physically present at the meeting RULE 2 - PRESIDING OFFICER - DUTIES 1. Conduct of Meeting: The presiding officer at all meetings of the Council will be the President of the Council, or in the absence of the President, the Vice President of the Council, who shall conduct the business and deliberations of the Council under these rules Reference herein to Council President shall also apply to the Council Member acting in the Council President's place as presiding officer The Presidentlmayor pro tempore and Vice President shall be elected by a majority of the Council Members at the start of the first meeting of each year, or at such time as necessary due to a vacancy If both the President and Vice President are absent and a quorum is present, the Chair of the Iiseal- and Blalget Finance & Investment Committee shall act as Presiding Officer If the Chair of that Committee is unavailable, the Chair of the Operattens- Public Works Committee shall act as presiding officer The Council President shall (a) Preserve order and decorum during meetings in t4e Comet! Ghambef: all tifnes, (b) Observe and enforce all rules adopted by the Council for its government, (c) Decide all questions on order, in accordance with these rules, subject to a challenge as provided in Rule 6 Subsection 4, below, and (d) Recognize members of the Council in the order in which they request the floor No member shall be recognized and given the floor to speak on the same matter more than once until all other members of the Council have had an opportunity to be recognized and be heard, (e) The presiding officer, as a member of the Council, shall have only those rights, and shall be governed in all matters and issues by the same rules and restrictions as other Council Members. 2. Check Register: The Council President shall be assigned the responsibility for Rules & Procedures Page 5 Resolution No 2951 Amended Resolution No 2980 [Proposed] Amended Resolution No 3187 signing off on the Wart Check Register, following Council approval 3. Council Committees: The Council President shall make all committee assignments, as well as Intergovernmental Representative assignments To the degree possible, assignments will be consistent with special skills, interests and time constraints Assignments will be made to the following (a) Standing Committees i Committee of the Whole consisting of the full council membership, with the Council President as chair, to serve eaeh week the 2 nd and 4 Wednesday as a regularly scheduled Study Session Agenda Geonet! Meeting in the Council Conference Room, or other times and locations as designated, to hear matters to be placed on the regular Council Meeting agendas and other council business ii Piseal and Budget Finance & Investment Committee to serve as directed by the Council President, ill 8oeF&4@fis Public Works Committee to serve as directed by the Council President, iv 9aeFa4oas Public Safety & Parks Works Committee to serve as directed by the Council President, v Audit Committee per the City Charter and Chapter 2 18 BMC, vi Lodt?mg Tax Advisory Committee per Chapter 67 28 RCW and Chapter 3 64 BMC The above listed standing committees may be restructured or reorganized as authorized and approved by the City Council without formal amendment of these rules and procedures (b) Special and Ad Hoc Committees - May be established for a specific purpose or a specific time frame to serve as authorized by the Council President (c) Intergovernmental Committees. Commissions, and Boards - Established committees i.e. Kitsap Regional Coordinating Council of Govew-meats and others as 4. Gooneil Liaison to City Depar-tmentsl garsh aeunet! faember- may be assigned by the D« si rr RULE 3 - COUNCIL MEMBERS 1. Comments: Council members shall address all comments to the Council President, except when a member moves to adopt a resolution, or when a member seconds a motion 2. Leaving Place: No member shall leave his or her place while a question is being put or a Rules & Procedures Page 6 Resolution No 2951 Amended Resolution No 2980 [Proposed] Amended Resolution No 3187 count is being taken 3. Voting: A vote on any matter shall be taken by roll call and any member may abstain from voting 4. Questioning: Any member of the Council, including the Council President, shall have the right to question any individual, or staff member, on matters germane to the issue before the Council Such questioning shall not be conducted so as to ridicule or denigrate the individual being questioned 5. Information Requests: A Council member may seek clarification or additional information before voting on an issue If such request delays consideration to another date, approval of a majority of the Council is required RULE 4 - AGENDA CONTROL 1. Agenda Control: Consideration of any subject, matter, or communication by the Council may be initiated by the Mayor or any Council Member All written materials supplementing an agenda bill should be filed with the Caunsil Legislmive Assi City Clerk and presented to the Council Legislative Assistant for distribution to the Council Members The Council President may reject any agenda item not complying with this procedure Upon presentation, the Council as a whole may decline further consideration or request information before further consideration 2. Committee or Study Session Review: Each Agenda Bill item shall be presented to a Council Committee or the City Council at a Study Session 3. Removing Items: At the Briefing pre - seuneee, any item may be removed from the agenda for any reason upon the request of any Council Member However, two Council Members may demand the item be reinstated to the agenda The item shall be brought before the Council as regular business on the agenda and only tabled, continued or rejected by majority vote RULE 5 — REGULAR COUNCIL MEETINGS - ITEMS OF BUSINESS 1. Full Agenda Couneil Regular Business Meeting: A Council Briefing to discuss the agenda and/or General Council Business will be held at 5.00 p m in the Council Conference Room Immediately following, the The Poll Agenda-Council Meeting -shall meet -in the designated First Floor Meeting eeuaeil Chambers, unless a different location is so designated, on the first and third Wednesday of each month at 5 30 p m. or at such other day and time as designated by ordinance The Full genda Council Meeting shall consist of the following items with the sequence and any other added items as 4e-be determined by the Council President Rules & Procedures Page 7 Resolution No 2951 Amended Resolution No 2980 [Proposed] Amended Resolution No 3187 (a) Call to Order - Pledge of Allegiance - Invocation (b) Public Recognition (c) Mayors Report (d) Consent Agenda (e) Public Hearings (f) Qrdfaafiees and ResekAfefis (f) General Business (h) pobhs- Reeagffit18n- (g) Council Member Reports (h) Adjournment 2• Limited Agenda Genneil Meeting Study Session: The Study Session larm}ted Agenda Geunsil Mee4ag-shall meet in the designated Council ehe&nber-s Conference Room, unless a different location is so designated, on the second, and fourth Wednesday of each month at 5.00 S-38 p in or at such other day and time as designated by ordinance The Study Session shall consist of the following items with the sequence and any other added items as t&-be determined by the Council President (a) Call tO 015der- D. bh S n (a) No Presentation Planned (b) Full Presentation (e) Consent Agenda (c) Other General Council Business as authorized by the Council President (d) Adjournment 3. Executive Session/Recess: The agenda may be interrupted for a stated time to adjourn to Executive Session or recess at the prerogative of the Council President, unless overruled by Council majority 4. Consent Agenda Items: Any Council member may request a Consent Agenda Item be moved to the regular agenda, for which no second is required 5. Agenda Rearrangement: The Council President may rearrange, change the sequence, or add to or remove items from the Agendas outlined in Rule 5(1) and (2) above 6. Regular Council Meetings Televised: The Full and Limited Agen Regular Council meetings shall be televised unless otherwise directed by Council Rules & Procedures Page 8 Resolution No 2951 Amended Resolution No 2980 [Proposed] Amended Resolution No 3187 RULE 6- DEBATES 1. Interruption: No member, including the Council President, shall interrupt or argue with any other member while such member has the floor 2. Courtesy: All speakers, including Council members, during comments, discussion or debate of any issue, shall address their comments to the Council President with courtesy and proper deportment Comments shall not contain personalities, derogatory remarks or insinuations toward any member of the Council, Staff and Public, but shall be confined to facts that are germane and relevant to the issue 3. Transgression: Upon transgression of these rules, the Council President shall call such person to order, in which case that person shall be silent except to continue in order If the Council President transgresses these rules, or fails to call a transgressor to order, any other member of the Council may, under a point of order, call the transgressor to order 4. Challenge to Ruling: Any member of the Council shall have the right to challenge any action or ruling of the Council President, or member, as the case may be, in which case the decision of the majority of the members of the Council present, including the Council President, shall govern RULE 7 - PARLIAMENTARY PROCEDURE Procedure Guide: Robert's Rules of Order shall be used as a guide to govern the conduct of business of the City Council while in Legislative session However, the Council President shall have the authority to make a final ruling on all issues of procedure, subject to Rule 6, Subsection 4 of these Rules RULE 8 - ORDINANCES - RESOLUTIONS 1. Actions: Any action of the Council shall be by ordinance, resolution or motion and shall be conducted only in open public meetings unless otherwise provided by law Such action shall be deemed approved by an affirmative vote of a majority of those Council members present, unless otherwise provided by law Any such action shall contain only a single subject matter and may not be amended to include a different subject 2. Submittal: No ordinance shall be submitted to the Council for consideration until approved as to form and legality by the City Attorney and copies have been furnished to Council Members and the City Clerk No such ordinance shall contain any mterlineations or marginal notes Rules & Procedures Page 9 Resolution No 2951 Amended Resolution No 2980 [Proposed] Amended Resolution No 3187 3. Presentations: Reading of ordinances and resolutions at all Council meetings shall be deemed sufficient by the reading of a brief synopsis of the title of the ordinance or the purpose of the resolution The full text of an ordinance or resolution under consideration by the Council will be provided to any member of the public upon request 4. Reading of Ordinances: Every ordinance shall have one reading except that, upon a request of a Council Member, an ordinance shall have two or more readings unless otherwise directed by the Council RULE 9 - MISCELLANEOUS 1. Agenda: By direction of the Council President, the Legislative Assistant shall prepare the Agenda for each session of the Council in regular order in accordance with these rules, which order shall not be departed from, except as provided in these rules Such Agenda shall include all resolutions, ordinances and matters requested by any Council Member, or the Mayor, with no items deleted from the Agenda except as provided in Rule 4 of these rules 2. Public Comment on Agenda Items: Any person has the right to speak on any Agenda item at the time the item is discussed and prior to a vote by the Council, e*eept- for- - Genseat Galendaf agenda items Such remarks must be confined to those that are germane and relevant to the item being discussed and shall be subject to a time limit If numerous speakers are addressing the issue, the Council President may further restrict speaker time Written comments shall, to all intents and purposes, be considered the same as oral comments 3. Public Recognition: Any member of the public shall have the right to address the Council and the Mayor on issues not on the Agenda No member of the public shall engage in discussion or comment which a) is obscene, indecent or libelous, b) promotes the sale of products, or services, c) promotes any lottery or contest which offers prizes dependent in whole or in part upon lot or chance It is suggested that T4ies"uestions from the public posed to the Council that cannot be answered at the Council meeting must should be put in writing in order to receive a written response from the appropriate party or parties within a reasonable time Letters addressed to City officials will not be read in Public Recognition unless an exception is granted by Council President based upon exceptional circumstances Argumentative Rebuttal is not permitted during Public Recognition 4. Ballot Issues: During the election period, beginning on the last week in - deadline for elective office or ballot issues, or from the time an individual announces candidacy, whichever comes first, through the November General Election, all announcements or advertising concerning candidates are prohibited Discussion of ballot issues is prohibited after the issue has qualified for the ballot Meetings for political parties may be announced, with the exception of fundraising events (i a dinners, drawings, etc ) or meetings where the title of the function expresses support or opposition for any candidate, political party, or issue Rules & Procedures Page 10 Resolution No 2951 Amended Resolution No 2980 [Proposed] Amended Resolution No 3187 5. Public Hearings: The Council President may allocate the time allotted to Public Hearing equally among the members of the public who wish to speak 6. Complaints: Personal complaints, especially those of a derogatory nature against any official or employee of the City shall not be discussed at a Council meeting Citizens wishing to make such complaints shall be instructed that the same should be first processed and handled through the Mayor's office Then, if the citizen feels appropriate action has not been taken, it shall be proper for the complaint to be communicated in writing to the members of the Council Complaints against a Council Member shall be submitted to the Council President If the complaint is against the Council President, the complaint shall be submitted to the Vice - President Acceptance by the Council of a written complaint shall not, however, give rise to public discussion thereon The City Attorney should be consulted regarding confidentiality, rights to privacy and other legal concerns 7. Amendments to Rules & Procedures: Amendments to these rules shall be made by resolution of the Council 8. The City Clerk: The City Clerk, or duly authorized representative, shall attend all business meetings of the City Council and maintain a permanent journal of its proceedings All votes shall be recorded by calling the names of each member on a positional rotation basis with Council President's vote called last 9. Maintain Record: All of the regular and special meetings of the City Council and each and every part thereof shall be recorded electronically These records shall be maintained for a period in conformance with Chapter 40 14 RCW 10. Prepare Minutes: Subsequent to each meeting, the Legislative Assistant shall prepare brief and concise minutes of all Council meetings and submit the same to the Council for approval Such minutes shall contain an accurate resume of official Council actions, with reference to all matters before it 11. Verbatim Transcript: No member of the Council, nor any member of the administrative staff of the City, shall be empowered or authorized to require the Legislative Assistant to insert in said official minutes any verbatim transcript of all or any part of the proceedings Verbatim transcripts shall be made a part of the minutes only when authorized by a majority vote of the entire Council, made at the meeting wherein such verbatim request is made Copies 4 tapes -wr11 12. Non - Compliance with rules and Waiver: Failure of a Council member to challenge the non - compliance of Council proceedings with any rule or procedure herein, prior to the vote or other action taken on the item under consideration, shall constitute a waiver and such non- compliance shall not affect the outcome of any action taken by the Council unless such compliance is required by law Rules & Procedures Page 11 Resolution No 2951 Amended Resolution No 2980 [Proposed] Amended Resolution No 3187 13. Council Comments: No Council member may advertise or promote a private business or enterprise during Council meetings except that Council members may make announcements to welcome a new business or announce special events regarding a private business or enterprise RULE 10 - COUNCIL EXPENSE REIMBURSEMENT Members of the City Council shall observe the Expense Reimbursement Claim Policies that have been established by ordinance or resolution Reimbursement for travel by any member of the Council outside the State of Washington shall be made only with the prior approval of the majority of the Council All Council Member expenses shall be subject to approval by the Council President RULE 11- QUASI - JUDICIAL HEARINGS 1. Quasi- Judicial Body: In hearing matters requiring application of law and determination of facts which predominantly affect particular parties rather than the public generally or a class or group, the Council sits as a Quasi - Judicial body It will conduct the hearing in accordance with Rule 11 and 12 (a) Council President convenes hearing (b) Item is introduced by City Clerk (c) Council President inquires 1 "All Council Members should now give consideration as to whether they have 1 ) a demonstrated bias or prejudice for or against any party to the proceedings, 2 ) a direct or indirect monetary interest in the outcome of the proceedings, 3 ) a prejudgment of the issue prior to hearing the facts on the record, or 4 ) ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing If any Council member should answer in the affirmative, then the Council member should state the reason for their answer at this time so that the Chair may inquire of the City Attorney as to whether a violation of the Appearance of Fairness Doctrine or a Conflict of Interest exists " ii "If any member of the public believes any Council member should excuse themselves due to a conflict with the Appearance of Fairness doctrine, or for another concern, please state the reasons now " (d) Council President calls upon Administrative Staff to present the recommendation or decision of the Administrative Hearing Examiner, or other applicable commission or board, to provide a general background and to answer Council questions (e *) Council President designates the length of argument to afford a fair hearing of the issues Correspondence is read and testimony taken from proponents, then opponents and those neutral Council may ask questions of those testifying (f*) Limited questioning of opposing witnesses on technical matters by either side may be allowed in the discretion of the Council President The City Attorney will advise the Council President when such questioning may be a lawful requirement of the hearing (g *) President closes the public testimony portion of the hearing Council deliberates and may ask questions of the presenters Rules & Procedures Page 12 Resolution No 2951 Amended Resolution No 2980 [Proposed] Amended Resolution No 3187 (h) A decision by motion is made The Council may accept, reject or modify a recommendation or decision based upon its application of code criteria and appropriate findings (i) No motion to rescind or reconsider the initial quasi - judicial decision may be brought by any Council member following close of the meeting * Not applicable to closed record hearing RULE 12 - CLOSED RECORD HEARINGS 1. Hearing Procedure: (a) Closed record hearings on land use applications shall be conducted in accordance to this rule The provisions of Rule 11 are applicable to closed record hearings except as otherwise noted therein After the appearance of fairness inquiry, the President or staff will announce that the decision will be based on materials received in evidence at the previous open record hearing of the Administrative Hearing Examiner or other applicable commission or board, minutes of the prior hearing, and the recommendation or decision from the open record hearing (b) The Council may consider the following limited evidence not set forth in the record i The Council may take official notice of information such as any law, ordinance, resolution, rule or other fact generally known and verifiable from reliable sources ii Council Members may view the area in dispute, but shall note the time, manner and circumstances of such view on the record ill Council deliberates and may ask questions of the staff IV A motion incorporating the decision is made The Council may accept, reject, or modify the Administrative Hearing Examiner's recommendation based upon its application of code criteria and appropriate findings Dated this day of , 290_5 2013 GREG WHEELER, City Council President R \Gty CouncilTHARTER & PROCEDUREWouncil Rules & Procedures - 2013 doc Rules & Procedures Page 13 Resolution No 2951 Amended Resolution No 2980 [Proposed] Amended Resolution No 3187 AGENDA BILL CITY OF BREMERTON 1A CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeoeeeeeeseeeeeeeeeeeeeeeesee SUBJECT: Request to Proceed with Plans Study Session Date February 27, 2013 for Expansion of Harborside Conference COUNCIL MEETING Date March 6, 2013 Center facilities Department Mayor Presenter Patty Lent Phone 473 -5266 SUMMARY. The proposal presented is for the expansion of the Harborside Conference Center facilities into the top floor of the adjoining Kitsap Transit building The top floor is owned by Kitsap Transit and consists of approximately 7,000 square feet Kitsap Transit has offered to lease the space to the City with the first two years at no charge The City will seek funding for the tenant improvements from the Public Facilities District ATTACHMENTS- Data sheets and photos FISCAL IMPACTS (Include Budgeted Amount) N/A STUDY SESSION AGENDA ❑ No Discussion ❑x Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑x General Business ❑ Public Hearing RECOMMENDED MOTION. Move to authorize the Mayor to proceed with plans for the expansion of the Harborside Conference Center facilities into the top floor of the Kitsap Transit building and to present to the Council any required funding and lease proposals for final action COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 l�C{ I , ! ®III 11 4 i ,a te. T r ) , Ow ,�AlF aruua, - I i , J i _ \ x t S 7 p.� nnI OC V oia If ti - -� '. �' -'... .-A• I�. � / _ �xyI III - - ��i .� / low r ✓x�, a '-.-.w �... �qa t �' T � L � � � ��R p�q A + s � ` � 11 �,>�, (I � '�•'� � -- c . � � I 1 � � � 3 � �'� \ fj� 1f rte• (�� 1%. F r IR. � •_ ' � �1 � �,�if�. I I � � t �•.�~a �t� li G ce „. I' I �.. \ - III � dy�..• .... _.. _ � - -�[f -11 - _�. -- �..� —�._, —__- � , �� -. _ - � �m' F..,.T_.,� ��i'��a a�1t _ 1r U 11 �_�I �� - ! r_ � •� i._� - � � I( J � - p. t 1 The Kitsap Peninsula The Natural Side of Puget Sound" � r � I VisrtKitsap com March 6, 2013 Bremerton City Council Norm Dicks Government Center 600 6 Street Bremerton, WA 98337 RE* Expansion of Kitsap Conference Center The Kitsap Peninsula Visitor & Convention Bureau fully supports any recommendation to expand the Kitsap Conference Center, which would provide much needed venue space for meetings, breakout and exhibition rooms necessary to attract multi -day conferences. Currently, the KPVCB is unable to respond to a majority of RFP requests from professional planners and event referral services because of lack of adequate and competitive venue options, not only in Bremerton, but also throughout the Kitsap Peninsula region. White Horse Golf Course recently opened a new 22,000 sq. ft venue this month and in the next couple of years, Port Madison Enterprises, plans to open a new 28,000 sq. conference center and auditorium, both located in the North Kitsap area. An expanded Kitsap Conference Center combined with it's proximity to mayor hotels and the Harborside District, will allow it to respond to requests and take advantage of referrals to host a wide range of public and private events today and in the future. The Kitsap Conference Center is an important Bremerton and regional tourism and economic asset We encourage the Council to support efforts to expand the Kitsap Conference Center The Kitsap Peninsula Visitor & Convention Bureau, in partnership with the Kitsap Public Facilities District, will continue to provide marketing support to the Kitsap Conference Center's continued growth and success It is truly a regional asset Sincerely, Patricia Graf -Hoke Executive Director Kitsap Peninsula Visitor & Convention Bureau Cc KPVCB Board of Directors 800 - 337 - 0580 • infoOyisitkitsaU com • 9481 Silverdale WAY, Suite 281 Silverdale, WA 98383 qA MOTION RE: 1127 AND 1129 NORTH CALLOW AVENUE Move to authorize City Attorney to bring a lawsuit and take any necessary legal action regarding the nuisance property at 1127 and 1129 North Callow Avenue ______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 - Phone (360) 473-5280 MARCH 06, 2013 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 to 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. PUBLIC RECOGNITION 4. MAYOR'S REPORT 5. INFORMATION ONLY A. Launching of Kitsap Humane Society’s Trap/Neuter/Return Program (for Stray and Feral Cats) in the City of Bremerton – Eric Stevens, Interim Executive Director of the Kitsap Humane Society; and Dr. Jen Stonequist, Director of Shelter Medicine 6. CONSENT AGENDA A. Claims and Check Register B. Minutes of Meeting - February 20, 2013 C. Minutes of Study Session - February 27, 2013 D. Resolution No. 3187 repealing Resolution No. 2980; and adopting new Bremerton City Council Rules and Procedures 7. GENERAL BUSINESS A. Approval to proceed with plans for Expansion of Harborside Conference Center facilities 8. COUNCIL MEMBER REPORTS 9. EXECUTIVE SESSION A. 30-Minutes to discuss "Pending Litigation" and "Potential Litigation" per RCW 42.30.110 (1)(i) (Action is anticipated...) 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 by noon on the day preceding the Meeting. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date: COUNCIL MEETING Date: March 6, 2013 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check #’s 352437 through 352525 and EFT’s 12620 through 12649 in the amount of $1,252,268.97. 2) Regular Payroll for the pay period ending February 15, 2013 in the amount of $15,038.83. 3) Regular Payroll for the pay period ending February 28, 2013 in the amount of $618,464.59. 4) Retiree Payroll for the pay period ending February 28, 2013 in the amount of $61,254.61. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve consent agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting February 20, 2013 COUNCIL MEETING Date: March 6, 2013 Department: City Council Presenter: Greg Wheeler Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, February 20, 2013 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, February 20, 2013, at 5:00 PM in the Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Greg Wheeler presiding. Council Members present were Nick Wofford, Eric Younger, Wendy Priest, Adam Brockus, Leslie Daugs, and Jim McDonald. Council Members Faye Flemister and Carol Arends were absent. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; and Council Assistant Christine Grenier. A COUNCIL BRIEFING was held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation provided by Associate Pastor Bob Westfall of the Bremerton First Church of the Nazarene. PUBLIC RECOGNITION John Thomas expressed concerns about the impact of proposed projects for Pacific and Washington Avenue on bus and commuter traffic. Chal Martin, Public Works & Utilities Director explained that solutions will be presented in upcoming public meetings. Roy Runyon asked several questions regarding a proposed vacation of Chester Avenue near Olympic College that was discussed at a Public Works Committee meeting on February 12; and commended Council Member Faye Flemister for not supporting the option of waiving compensation. Mr. Martin responded that the discussion is preliminary right now, and the issue is currently being reviewed by Olympic College. Vern LaPrath was pleased with safety improvements in the downtown area but will remain vigilant in requesting simple and long overdue fixes to Hanford Avenue; and specified that the Wheaton Way corridor also needs attention. President Wheeler encouraged Mr. LaPrath to leave his contact information so that a meeting with him could be arranged. Paul Dutky reported on the “Move to Amend” petition drive that supports an amendment to the State Constitution regarding campaign finance reform and corporations. Chris Henry provided historical information on how the discussion on corporations and campaign finance reform evolved to its current state; and hoped Council would support a resolution to move towards a change in the Constitution. MAYOR’S REPORT – Mayor Patty Lent…  Acknowledged members of Boy Scout Troop 1510 of Manette who were in attendance to earn a government badge;  Commended City of Bremerton employees for their commitment to a safe work environment by reducing the number of on the job injuries to its lowest levels since 1992;  Announced that the City has received a grant which will be used for tree planting by the boat ramp and Beyond Accessible Playground at Evergreen Park;  Welcomed Kathleen Cahall, Water Resources Manager, who reported that the City received a “Silver Engineering Excellence Award” from the American Council of Engineering Companies for the UV Treatment Plant Facility project which keeps water quality high;  Announced that there will be a Stakeholders Celebration for the Youth Wellness Campus project on March 8 at 5:30 P.M. at the Boat Shed restaurant; and City Council Reg. Mtg. Minutes Wednesday, February 20, 2013 Page 2 of 3  Invited Muncipal Court Judge James Docter, to perform the “Oath of Office” Ceremony for new Police Chief Steven Strachan. Chief Strachan then thanked the Mayor and Council for their support; acknowledged law enforcement representatives, members of his family, and close friends; shared a story from early in his career; and felt privileged to be in law enforcement and to lead the Bremerton Police Department. CONSENT AGENDA 5A – Claims & Check Register: Check Numbers 352235 through 352436, and EFT-12584 through EFT-12619 in the amount of $1,970,480.60; Regular Payroll (Patrol Overtime) in the amount of $1,131.68 for the pay period ending January 31, 2013; and Regular Payroll for the pay period ending February 15, 2013 in the amount of $697,001.36. 5B – Minutes of Special Meeting – February 4, 2013 5C – Minutes of Meeting – February 6, 2013 5D – Minutes of Study Session – February 13, 2013 5E – Re-Appointment of Geoff Wentlandt to the Design Review Board 5F – Appointment of Emily Russell to the Design Review Board 5G – Professional Services Contract with PALADIN DATA SYSTEMS for a Permitting System Upgrade to SMARTGov Community Software 5H – Professional Services Agreement with SUMMIT LAW GROUP 5I – Purchase of two (2) 2012 Chevrolet Caprice Police Pursuit Vehicles through the State of Washington Contract No. 03611 5J – Contract for Replacement of Effluent Pumps for the Wastewater Treatment Plant There were no comments from the public… 06:03:47 Motion was made by Brockus, and seconded by Wofford … City Attorney Roger Lubovich requested that the amendment to Item 5D proposed by Mr. Brockus be stated. Mr. Brockus clarified that the following language was added under General Council Business Item C8: “Mr. McDonald led a discussion regarding the City Auditor position and possible Charter changes”. 06:04:37 M/S/C/U (Brockus/Wofford) Move to approve the CONSENT AGENDA with the Minutes of Study Session February 13 as amended. GENERAL BUSINESS – There were no General Business items… COUNCIL MEMBER REPORTS Greg Wheeler announced the Beyond Accessible Play Celebration on Saturday, February 28 from 1:00 to 3:00 PM; and that he would be hosting a Multi-District Community Meeting with District 4 (Wendy Priest), District 6 (Faye Flemister), and District 7 (Carol Arends) on Monday, March 4 from 6:30 to 8:00 PM at the Community of Christ at Memorial Lutheran Church located at the corner of 10th & Veneta, and that the program will feature a discussion on the “Utility Rate Study” and another opportunity to meet new Police Chief Strachan. Wendy Priest will be attending the Black History Celebration this Friday from 8:30 to 9:45 AM at Bremerton High School; announced that the Valentinetti Puppet Museum will be presenting the “Secret Life of Bugs” on Saturday, March 2 at 2:00 PM at the Olympic College Theatre; and City Council Reg. Mtg. Minutes Wednesday, February 20, 2013 Page 3 of 3 announced that there will be a Kitsap Regional Library Foundation Fundraiser featuring mystery author Laurie King on Thursday, March 14 from 7:00 to 9:00 PM at the Rice Fergus Miller Office located on 5th Street. Adam Brockus invited the public to attend the next District 3 Community Meeting on Tuesday, February 26 from 6:30 to 8:00 PM at the Bremerton Senior Center located at East 13th Street & Nipsic Avenue for a presentation by Public Works Director Chal Martin on the “Utility Rate Study”. Attendees were encouraged to bring their water bill to run through the calculator to get an estimate on future rates; also announced the Saint Patrick’s Day Parade would be held on Saturday, March 16 beginning at 10:00 AM in downtown Bremerton; and lastly reported on his attendance at the Legislative Action Conference where he asked for support on ferries and street funding. Leslie Daugs also attended the Legislative Action Conference; and thanked the Bremerton Police Department for taking time and effort to provide a tour of facilities recently. Jim McDonald was excited that spring is almost here; and enjoyed attending the Valentine’s Day dinner and movie “Casablanca” at the Admiral Theatre. With no further business, President Wheeler adjourned the Council Meeting at 6:13 PM. Prepared and Submitted by: ______________________________ CHRISTINE GRENIER Council Assistant Attest: ________________________________________ SHANNON CORIN, City Clerk ________________________________________ GREG WHEELER, City Council President GW :SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session February 27, 2013 COUNCIL MEETING Date: March 6, 2013 Department: City Council Presenter: Greg Wheeler Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, February 27, 2013 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, February 27, 2013, at 5:00 PM, with Council President Greg Wheeler presiding. Council Members present were Nick Wofford, Carol Arends, Wendy Priest, Adam Brockus, Leslie Daugs, and Jim McDonald. Council Members Faye Flemister and Eric Younger were absent. Lori Smith, Legislative Assistant, was present to provide staff support. President Wheeler emphasized that the Study Session was open to the public but there would be no opportunities for input or participation; and announced that approved items by Council will be placed on the March 6, 2013 Council Meeting Agenda; or as indicated. A. NO PRESENTATION PLANNED - The following items are budgeted items or have been reviewed by the appropriate Council Committee… 1. Resolution updating the Bremerton City Council Rules & Procedures Consent Agenda B. FULL PRESENTATION ITEMS 2. Ordinance repealing Chapters 10.10 entitled “Restricted Parking Zones” and 10.11 entitled “Parking Enforcement”; adopting Chapter 10.10 entitled “Parking Code”; and amending Chapter 11.10 of the Bremerton Municipal Code (BMC) Study Session March 13 3. Resolution amending “Municipal Court – Rate Table B”; and reestablishing fees, fines, and penalties regarding parking and related matters Study Session March 13 President Wheeler called a 10-minute recess from 7:00 to 7:10 PM… 4. Approval to proceed with plans for Expansion of Harborside Conference Center facilities General Business C. GENERAL COUNCIL BUSINESS 5. Council Committee Briefings and General Council Reports were provided. With no further business, President Wheeler adjourned the Council Special Meeting at 8:30 PM. Prepared and Submitted by: ______________________________ LORI SMITH Attest: Legislative Assistant ________________________________________ SHANNON CORIN, City Clerk ________________________________________ GREG WHEELER, City Council President GW :SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL STUDY SESSION Date: February 27, 2013 SUBJECT: Resolution No. 3187 adopting Bremerton City Council Rules & Procedures COUNCIL MEETING Date: March 6, 2013 Department: City Council Presenter: Greg Wheeler Council President Phone: (360) 473-5280 SUMMARY: The proposed resolution amends and updates the Bremerton City Council Rules and Procedures by repealing the Rules and Procedures adopted by Resolution No. 2980; and adopting Rules and Procedures that accurately reflect the process and meeting schedule by which the Council currently conducts its business. ATTACHMENTS: Proposed Resolution No. 3187 Exhibit A – Proposed Council Rules and Procedures Resolution No. 2980 Resolution No. 2951 FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. 3187, adopting Bremerton City Council Rules and Procedures. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 Rules & Procedures Page 1 Resolution No. 2951 Amended Resolution No. 2980 [Proposed] Amended Resolution No. 3187 EXHIBIT A Bremerton City Council Rules & Procedures Rules & Procedures Page 2 Resolution No. 2951 Amended Resolution No. 2980 [Proposed] Amended Resolution No. 3187 CONTENTS RULE 1 - MEETINGS...................................................................................................................3 RULE 2 - PRESIDING OFFICER - DUTIES .............................................................................5 RULE 3 - COUNCIL MEMBERS................................................................................................6 RULE 4 - AGENDA CONTROL..................................................................................................7 RULE 5 - REGULAR COUNCIL MEETINGS-ITEMS OF BUSINESS ................................7 RULE 6 - DEBATES .....................................................................................................................9 RULE 7 - PARLIAMENTARY PROCEDURE ..........................................................................9 RULE 8 - ORDINANCES - RESOLUTIONS .............................................................................9 RULE 9 - MISCELLANEOUS ...................................................................................................10 RULE 10 - COUNCIL EXPENSE REIMBURSEMENT.........................................................12 RULE 11 – QUASI-JUDICIAL HEARINGS ............................................................................12 RULE 12 - CLOSED RECORD HEARINGS ...........................................................................13 Rules & Procedures Page 3 Resolution No. 2951 Amended Resolution No. 2980 [Proposed] Amended Resolution No. 3187 RULE 1 - MEETINGS 1. Regular Meetings: The City Council shall meet regularly on Wednesday of each week at 5:30 p.m. in accordance with Rule 5, in the Council Chamber s and/or Council Conference Room, Bremerton City Hall, Bremerton, Washington, except as follows: (a) There shall be no regular meeting of the City Council during the week of Thanksgiving. (b) If at any time any regular meeting of the City Council falls on a legal holiday, then pursuant to RCW 42.30.070 such regular meeting shall be held on the next business day. i. Upon a motion, and majority vote, the Council may recess from a meeting to a certain time and place set forth in the motion. ii. Meetings may be relocated to accommodate special needs or circumstances. 2. Special Meetings: Special meetings or any change in the time or location of a regular meeting shall be called by the Council President, or a majority of the members of the City Council, by delivering personally or by mail, e-mail, or fax, written notice to each member of the Council; and to each local newspaper of general circulation and to each local radio or television station which has on file with the City a written request to be notified of such special meeting or of all special meetings. The notice must be delivered personally or by mail fax or e-mail at least twenty-four hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings. Written notice may be dispensed with: (a) If a member, prior to the convening of the meeting, files waiver of notice with the City Clerk, either written, by e-mail, or by FAX; (b) If a member is actually present at the time the meeting convenes; or (c) If the special meeting is called to deal with an emergency involving injury or damage to persons or property, or the likelihood of such, where these requirements would increase the likelihood of such injury or damage. (RCW 42.30.080) 3. Quorum: Five Council Members shall constitute a quorum for the transaction of business, and in the absence of a quorum the members present may adjourn the meeting to a later date. Beginning January 1, 2014, four Council Members shall constitute a quorum. 4. Open Public Meetings Act: All Council meetings shall be conducted in conformity with the Open Public Meetings Act (RCW 42.30). 5. Appearance of Fairness/Conflict of Interest: In all its dealings, the Council and its individual members shall be governed by RCW 42.36 (Appearance of Fairness Doctrine); RCW 42.20 (Misconduct of Public Officers) and RCW 42.52 (Ethics in Public Service) and Chapter 2.96 BMC. Rules & Procedures Page 4 Resolution No. 2951 Amended Resolution No. 2980 [Proposed] Amended Resolution No. 3187 6. Executive Sessions: The Council may hold Executive Sessions during a regular or special meeting to consider matters allowed under RCW 42.30.110 as it now exists or is hereafter amended including: (a) consideration of acquisition or sale of real property if public knowledge would adversely affect the price; (b) discussion with legal counsel of City enforcement actions or potential or pending litigation in which the City is, or is likely to become, a party; (c) to receive and evaluate complaints against a public employee, unless the employee requests the consideration to be held in an open meeting; (d) evaluate the performance of an employee or qualifications of an applicant for City employment, so long as the final decision to hire and terms of employment, and decisions to terminate or discipline, are taken in an open meeting; (e) to review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs; and (f) to evaluate the qualifications of a candidate for appointment to elective office. See RCW 42.30.110 for complete itemization of executive session topics. Before convening in Executive session, the presiding officer shall announce the purpose of the session and the anticipated length of such session, and whether further action is anticipated. Should the session require more time, a public announcement shall be made that the session will be extended. The Council will return to the open meeting Council Chambers, as applicable, for Adjournment of the meeting. Confidential discussions during Executive Sessions shall not be disclosed by any Council Member or City official in attendance to any person unless confidentiality is waived by a majority of the Council. Violation of confidentiality may result in a censure motion by the Council during a regular meeting. 7. Telephonic Appearance: Council Members may appear at a council meeting via telephone under limited circumstances. Telephonic appearances are for the benefit of the City of Bremerton and not for the benefit of an individual Council Member. Telephonic appearances may occur as follows: (a) The Council President may approve a Council Member’s appearance at a council meeting via telephone when action on a measure to be voted on cannot be delayed but rather requires immediate action or remedy and one or more of the following circumstances exists: i. Due to fire, flood, earthquake, or other emergency, there is a need for action by a governing body to meet the emergency; ii. A vote of the council of the whole is required for action; or iii. A unanimous vote of the whole council is required for passage of a measure. (b) In the event that subsection 7(a) of Rule 1 of the Bremerton City Council Rules and Procedures has been satisfied and more than one Council Member is absent, Rules & Procedures Page 5 Resolution No. 2951 Amended Resolution No. 2980 [Proposed] Amended Resolution No. 3187 reasonable efforts shall be given to provide all absent members an opportunity to appear via telephone. In no event shall the Council President approve a Council Member’s telephonic appearance unless satisfactory equipment is available. Satisfactory equipment shall mean any telephone equipped with a speakerphone function capable of broadcasting the Council Member’s voice attending via telephone clearly and sufficiently enough to be heard by those in attendance at the meeting. The telephone must allow the Council Member to take and answer questions as posed from time to time. (c) During any meeting that a Council Member is attending via telephone, the Council President or presiding Council Member shall state for the record that a particular Council Member is attending via telephone and the reasons for such attendance. (d) Council members appearing via telephone may participate and vote during the meeting as if they were physically present at the meeting. (e) Council Members appearing via telephone shall comply with all rules and procedures as if they were physically present at the meeting. RULE 2 - PRESIDING OFFICER - DUTIES 1. Conduct of Meeting: The presiding officer at all meetings of the Council will be the President of the Council, or in the absence of the President, the Vice President of the Council, who shall conduct the business and deliberations of the Council under these rules. Reference herein to Council President shall also apply to the Council Member acting in the Council President’s place as presiding officer. The President/mayor pro tempore and Vice President shall be elected by a majority of the Council Members at the start of the first meeting of each year, or at such time as necessary due to a vacancy. If both the President and Vice President are absent and a quorum is present, the Chair of the Fiscal and Budget Finance & Investment Committee shall act as Presiding Officer. If the Chair of that Committee is unavailable, the Chair of the Operations Public Works Committee shall act as presiding officer. The Council President shall: (a) Preserve order and decorum during meetings in the Council Chamber at all times; (b) Observe and enforce all rules adopted by the Council for its government; (c) Decide all questions on order, in accordance with these rules, subject to a challenge as provided in Rule 6 Subsection 4., below; and (d) Recognize members of the Council in the order in which they request the floor. No member shall be recognized and given the floor to speak on the same matter more than once until all other members of the Council have had an opportunity to be recognized and be heard; (e) The presiding officer, as a member of the Council, shall have only those rights, and shall be governed in all matters and issues by the same rules and restrictions as other Council Members. 2. Warrant Check Register: The Council President shall be assigned the responsibility for Rules & Procedures Page 6 Resolution No. 2951 Amended Resolution No. 2980 [Proposed] Amended Resolution No. 3187 signing off on the Warrant Check Register, following Council approval. 3. Council Committees: The Council President shall make all committee assignments, as well as Intergovernmental Representative assignments. To the degree possible, assignments will be consistent with special skills, interests and time constraints. Assignments will be made to the following: (a) Standing Committees: i. Committee of the Whole consisting of the full council membership, with the Council President as chair, to serve each week the 2nd and 4th Wednesday as a regularly scheduled Study Session committee meeting immediately following the Limited Agenda Council Meeting in the Council Conference Room, or other times and locations as designated, to hear matters to be placed on the regular Council Meeting agendas and other council business. ii. Fiscal and Budget Finance & Investment Committee to serve as directed by the Council President, iii. Operations Public Works Committee to serve as directed by the Council President, iv. Operations Public Safety & Parks Works Committee to serve as directed by the Council President, v. Audit Committee per the City Charter and Chapter 2.18 BMC, vi. Lodging Tax Advisory Committee per Chapter 67.28 RCW and Chapter 3.64 BMC. The above listed standing committees may be restructured or reorganized as authorized and approved by the City Council without formal amendment of these rules and procedures. (b) Special and Ad Hoc Committees - May be established for a specific purpose or a specific time frame to serve as authorized by the Council President. (c) Intergovernmental Committees, Commissions, and Boards – Established committees i.e. Kitsap Regional Coordinating Council of Governments and others as appointed and approved. 4. Council Liaison to City Departments: Each council member may be assigned by the Council President to one or more city departments to serve as a liaison between the city council and the departments. The council members will perform this function as directed by the Council President. RULE 3 - COUNCIL MEMBERS 1. Comments: Council members shall address all comments to the Council President, except when a member moves to adopt a resolution, or when a member seconds a motion. 2. Leaving Place: No member shall leave his or her place while a question is being put or a Rules & Procedures Page 7 Resolution No. 2951 Amended Resolution No. 2980 [Proposed] Amended Resolution No. 3187 count is being taken. 3. Voting: A vote on any matter shall be taken by roll call and any member may abstain from voting. 4. Questioning: Any member of the Council, including the Council President, shall have the right to question any individual, or staff member, on matters germane to the issue before the Council. Such questioning shall not be conducted so as to ridicule or denigrate the individual being questioned. 5. Information Requests: A Council member may seek clarification or additional information before voting on an issue. If such request delays consideration to another date, approval of a majority of the Council is required. RULE 4 - AGENDA CONTROL 1. Agenda Control: Consideration of any subject, matter, or communication by the Council may be initiated by the Mayor or any Council Member. All written materials supplementing an agenda bill should be filed with the Council Legislative Assistant City Clerk and presented to the Council Legislative Assistant for distribution to the Council Members Council Committee. The Council President may reject any agenda item not complying with this procedure. Upon presentation, the Council as a whole may decline further consideration or request information before further consideration. 2. Committee or Study Session Review: Each Agenda Bill item shall be presented to a Council Committee or the City Council at a Study Session. 3. Removing Items: At the Briefing pre-council meeting, any item may be removed from the agenda for any reason upon the request of any Council Member. However, two Council Members may demand the item be reinstated to the agenda. The item shall be brought before the Council as regular business on the agenda and only tabled, continued or rejected by majority vote. RULE 5 – REGULAR COUNCIL MEETINGS - ITEMS OF BUSINESS 1. Full Agenda Council Regular Business Meeting: A Council Briefing to discuss the agenda and/or General Council Business will be held at 5:00 p.m. in the Council Conference Room. Immediately following, the The Full Agenda Council Meeting shall meet in the designated First Floor Meeting council Chambers, unless a different location is so designated, on the first and third Wednesday of each month at 5:30 p.m. or at such other day and time as designated by ordinance. The Full Agenda Council Meeting shall consist of the following items with the sequence and any other added items as to be determined by the Council President: Rules & Procedures Page 8 Resolution No. 2951 Amended Resolution No. 2980 [Proposed] Amended Resolution No. 3187 (a) Call to Order -Pledge of Allegiance -Invocation (b) Public Recognition. (c) Public Service Announcements (c) Mayors Report (d) Consent Agenda (e) Public Hearings (f) Ordinances and Resolutions (f) General Business (h) Public Recognition. (g) Council Member Reports (h) Adjournment. 2. Limited Agenda Council Meeting Study Session: The Study Session Limited Agenda Council Meeting shall meet in the designated Council chambers Conference Room, unless a different location is so designated, on the second, and fourth and fifth (as applicable) Wednesday of each month at 5:00 5:30 p.m. or at such other day and time as designated by ordinance. The Study Session Limited Agenda Council Meeting shall consist of the following items with the sequence and any other added items as to be determined by the Council President: (a) Call to Order -Pledge of Allegiance -Invocation (b) Public Service Announcements (a) No Presentation Planned (b) Full Presentation (c) Consent Agenda (c) Other General Council Business as authorized by the Council President. (d) Adjournment 3. Executive Session/Recess: The agenda may be interrupted for a stated time to adjourn to Executive Session or recess at the prerogative of the Council President, unless overruled by Council majority. 4. Consent Agenda Items: Any Council member may request a Consent Agenda Item be moved to the regular agenda, for which no second is required. 5. Agenda Rearrangement: The Council President may rearrange, change the sequence, or add to or remove items from the Agendas outlined in Rule 5(1) and (2) above. 6. Regular Council Meetings Televised: The Full and Limited Agenda Regular Council meetings shall be televised unless otherwise directed by Council. Rules & Procedures Page 9 Resolution No. 2951 Amended Resolution No. 2980 [Proposed] Amended Resolution No. 3187 RULE 6 - DEBATES 1. Interruption: No member, including the Council President, shall interrupt or argue with any other member while such member has the floor. 2. Courtesy: All speakers, including Council members, during comments, discussion or debate of any issue, shall address their comments to the Council President with courtesy and proper deportment. Comments shall not contain personalities, derogatory remarks or insinuations toward any member of the Council, Staff and Public, but shall be confined to facts that are germane and relevant to the issue. 3. Transgression: Upon transgression of these rules, the Council President shall call such person to order, in which case that person shall be silent except to continue in order. If the Council President transgresses these rules, or fails to call a transgressor to order, any other member of the Council may, under a point of order, call the transgressor to order. 4. Challenge to Ruling: Any member of the Council shall have the right to challenge any action or ruling of the Council President, or member, as the case may be, in which case the decision of the majority of the members of the Council present, including the Council President, shall govern. RULE 7 - PARLIAMENTARY PROCEDURE Procedure Guide: Robert's Rules of Order shall be used as a guide to govern the conduct of business of the City Council while in Legislative session. However, the Council President shall have the authority to make a final ruling on all issues of procedure, subject to Rule 6, Subsection 4 of these Rules. RULE 8 - ORDINANCES - RESOLUTIONS 1. Actions: Any action of the Council shall be by ordinance, resolution or motion and shall be conducted only in open public meetings unless otherwise provided by law. Such action shall be deemed approved by an affirmative vote of a majority of those Council members present, unless otherwise provided by law. Any such action shall contain only a single subject matter and may not be amended to include a different subject. 2. Submittal: No ordinance shall be submitted to the Council for consideration until approved as to form and legality by the City Attorney and copies have been furnished to Council Members and the City Clerk. No such ordinance shall contain any interlineations or marginal notes. Rules & Procedures Page 10 Resolution No. 2951 Amended Resolution No. 2980 [Proposed] Amended Resolution No. 3187 3. Presentations: Reading of ordinances and resolutions at all Council meetings shall be deemed sufficient by the reading of a brief synopsis of the title of the ordinance or the purpose of the resolution. The full text of an ordinance or resolution under consideration by the Council will be provided to any member of the public upon request. 4. Reading of Ordinances: Every ordinance shall have one reading except that, upon a request of a Council Member, an ordinance shall have two or more readings unless otherwise directed by the Council. RULE 9 - MISCELLANEOUS 1. Agenda: By direction of the Council President, the Legislative Assistant shall prepare the Agenda for each session of the Council in regular order in accordance with these rules, which order shall not be departed from, except as provided in these rules. Such Agenda shall include all resolutions, ordinances and matters requested by any Council Member, or the Mayor, with no items deleted from the Agenda except as provided in Rule 4 of these rules. 2. Public Comment on Agenda Items: Any person has the right to speak on any Agenda item at the time the item is discussed and prior to a vote by the Council, except for Consent Calendar agenda items. Such remarks must be confined to those that are germane and relevant to the item being discussed and shall be subject to a time limit. If numerous speakers are addressing the issue, the Council President may further restrict speaker time. Written comments shall, to all intents and purposes, be considered the same as oral comments. 3. Public Recognition: Any member of the public shall have the right to address the Council and the Mayor on issues not on the Agenda. No member of the public shall engage in discussion or comment which a) is obscene, indecent or libelous; b) promotes the sale of products, or services; c) promotes any lottery or contest which offers prizes dependent in whole or in part upon lot or chance. It is suggested that Those questions from the public posed to the Council that cannot be answered at the Council meeting must should be put in writing in order to receive a written response from the appropriate party or parties within a reasonable time. Letters addressed to City officials will not be read in Public Recognition unless an exception is granted by Council President based upon exceptional circumstances. Argumentative Rebuttal is not permitted during Public Recognition. 4. Ballot Issues: During the election period, beginning on the last week in July deadline for elective office or ballot issues, or from the time an individual announces candidacy, whichever comes first, through the November General Election, all announcements or advertising concerning candidates are prohibited. Discussion of ballot issues is prohibited after the issue has qualified for the ballot. Meetings for political parties may be announced, with the exception of fundraising events (i.e. dinners, drawings, etc.) or meetings where the title of the function expresses support or opposition for any candidate, political party, or issue. Rules & Procedures Page 11 Resolution No. 2951 Amended Resolution No. 2980 [Proposed] Amended Resolution No. 3187 5. Public Hearings: The Council President may allocate the time allotted to Public Hearing equally among the members of the public who wish to speak. 6. Complaints: Personal complaints, especially those of a derogatory nature against any official or employee of the City shall not be discussed at a Council meeting. Citizens wishing to make such complaints shall be instructed that the same should be first processed and handled through the Mayor's office. Then, if the citizen feels appropriate action has not been taken, it shall be proper for the complaint to be communicated in writing to the members of the Council. Complaints against a Council Member shall be submitted to the Council President. If the complaint is against the Council President, the complaint shall be submitted to the Vice- President. Acceptance by the Council of a written complaint shall not, however, give rise to public discussion thereon. The City Attorney should be consulted regarding confidentiality, rights to privacy and other legal concerns. 7. Amendments to Rules & Procedures: Amendments to these rules shall be made by resolution of the Council. 8. The City Clerk: The City Clerk, or duly authorized representative, shall attend all business meetings of the City Council and maintain a permanent journal of its proceedings. All votes shall be recorded by calling the names of each member on a positional rotation basis with Council President’s vote called last. 9. Maintain Record: All of the regular and special meetings of the City Council and each and every part thereof shall be recorded electronically. These records shall be maintained for a period in conformance with Chapter 40.14 RCW. 10. Prepare Minutes: Subsequent to each meeting, the Legislative Assistant shall prepare brief and concise minutes of all Council meetings and submit the same to the Council for approval. Such minutes shall contain an accurate resume of official Council actions, with reference to all matters before it. 11. Verbatim Transcript: No member of the Council, nor any member of the administrative staff of the City, shall be empowered or authorized to require the Legislative Assistant to insert in said official minutes any verbatim transcript of all or any part of the proceedings. Verbatim transcripts shall be made a part of the minutes only when authorized by a majority vote of the entire Council, made at the meeting wherein such verbatim request is made. Copies of tapes will be available at cost. 12. Non-Compliance with rules and Waiver: Failure of a Council member to challenge the non-compliance of Council proceedings with any rule or procedure herein, prior to the vote or other action taken on the item under consideration, shall constitute a waiver and such non- compliance shall not affect the outcome of any action taken by the Council unless such compliance is required by law. Rules & Procedures Page 12 Resolution No. 2951 Amended Resolution No. 2980 [Proposed] Amended Resolution No. 3187 13. Council Comments: No Council member may advertise or promote a private business or enterprise during Council meetings except that Council members may make announcements to welcome a new business or announce special events regarding a private business or enterprise. RULE 10 - COUNCIL EXPENSE REIMBURSEMENT Members of the City Council shall observe the Expense Reimbursement Claim Policies that have been established by ordinance or resolution. Reimbursement for travel by any member of the Council outside the State of Washington shall be made only with the prior approval of the majority of the Council. All Council Member expenses shall be subject to approval by the Council President. RULE 11 - QUASI-JUDICIAL HEARINGS 1. Quasi-Judicial Body: In hearing matters requiring application of law and determination of facts which predominantly affect particular parties rather than the public generally or a class or group, the Council sits as a Quasi-Judicial body. It will conduct the hearing in accordance with Rule 11 and 12. (a) Council President convenes hearing. (b) Item is introduced by City Clerk. (c) Council President inquires: i. “All Council Members should now give consideration as to whether they have: 1.) a demonstrated bias or prejudice for or against any party to the proceedings; 2.) a direct or indirect monetary interest in the outcome of the proceedings; 3.) a prejudgment of the issue prior to hearing the facts on the record; or 4.) ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. If any Council member should answer in the affirmative, then the Council member should state the reason for their answer at this time so that the Chair may inquire of the City Attorney as to whether a violation of the Appearance of Fairness Doctrine or a Conflict of Interest exists.” ii. “If any member of the public believes any Council member should excuse themselves due to a conflict with the Appearance of Fairness doctrine, or for another concern, please state the reasons now.” (d) Council President calls upon Administrative Staff to present the recommendation or decision of the Administrative Hearing Examiner, or other applicable commission or board, to provide a general background and to answer Council questions. (e*) Council President designates the length of argument to afford a fair hearing of the issues. Correspondence is read and testimony taken from proponents, then opponents and those neutral. Council may ask questions of those testifying. (f*) Limited questioning of opposing witnesses on technical matters by either side may be allowed in the discretion of the Council President. The City Attorney will advise the Council President when such questioning may be a lawful requirement of the hearing. (g*) President closes the public testimony portion of the hearing. Council deliberates and may ask questions of the presenters. Rules & Procedures Page 13 Resolution No. 2951 Amended Resolution No. 2980 [Proposed] Amended Resolution No. 3187 (h) A decision by motion is made. The Council may accept, reject or modify a recommendation or decision based upon its application of code criteria and appropriate findings. (i) No motion to rescind or reconsider the initial quasi-judicial decision may be brought by any Council member following close of the meeting. * Not applicable to closed record hearing. RULE 12 - CLOSED RECORD HEARINGS 1. Hearing Procedure: (a) Closed record hearings on land use applications shall be conducted in accordance to this rule. The provisions of Rule 11 are applicable to closed record hearings except as otherwise noted therein. After the appearance of fairness inquiry, the President or staff will announce that the decision will be based on materials received in evidence at the previous open record hearing of the Administrative Hearing Examiner or other applicable commission or board; minutes of the prior hearing; and the recommendation or decision from the open record hearing. (b) The Council may consider the following limited evidence not set forth in the record: i. The Council may take official notice of information such as any law, ordinance, resolution, rule or other fact generally known and verifiable from reliable sources. ii. Council Members may view the area in dispute, but shall note the time, manner and circumstances of such view on the record. iii. Council deliberates and may ask questions of the staff. iv. A motion incorporating the decision is made. The Council may accept, reject, or modify the Administrative Hearing Examiner's recommendation based upon its application of code criteria and appropriate findings. Dated this ______ day of _______________, 2005 2013. DAREN NYGREN, GREG WHEELER, City Council President R:\City Council\CHARTER & PROCEDURES\Council Rules & Procedures - 2013.doc 1 Council Rules and Procedures RESOLUTION NO. 3187 A RESOLUTION of the City Council of the City of Bremerton, Washington, repealing Resolution No. 2980 and adopting new Rules and Procedures for the City Council to conduct its business. WHEREAS, the City Council adopted Resolution No. 2980 on October 5, 2005, which amended the Rules and Procedures for the City Council to conduct its business; and WHEREAS, the City Council desires to again update the Rules and Procedures for the City Council; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Resolution No. 2980 is hereby repealed in its entirety. SECTION 2. The Bremerton City Council Rules and Procedures attached hereto as Exhibit A are hereby adopted and shall become effective upon passage of this resolution. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 2013. _________________________________ GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: __________________________________ ________________________________ ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk R:\LEGAL\Resolutions\City Council\Council Rules and Procedures2013A.doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Request to Proceed with Plans for Expansion of Harborside Conference Center facilities Study Session Date: February 27, 2013 COUNCIL MEETING Date: March 6, 2013 Department: Mayor Presenter: Patty Lent Phone: 473-5266 SUMMARY: The proposal presented is for the expansion of the Harborside Conference Center facilities into the top floor of the adjoining Kitsap Transit building. The top floor is owned by Kitsap Transit and consists of approximately 7,000 square feet. Kitsap Transit has offered to lease the space to the City with the first two years at no charge. The City will seek funding for the tenant improvements from the Public Facilities District. ATTACHMENTS: Data sheets and photos FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to authorize the Mayor to proceed with plans for the expansion of the Harborside Conference Center facilities into the top floor of the Kitsap Transit building and to present to the Council any required funding and lease proposals for final action. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12