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HomeMy WebLinkAbout03/11/2015 AGENDA v3 .L CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360)473-5280 *** 2^dAMENDMENT*** MARCH 11, 2015 CITY COUNCIL STUDY SESSION Beginning at 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public and except for Item B6, there will be no opportunities for input or participation;no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by the Council, the items will be placed on the March 18, 2015 Council Meeting Agenda. A. NO PRESENTATION PLANNED — The following items are budgeted items or have already been reviewed by the appropriate Council Committee: 1. Construction Contract Award to Coatings Unlimited, Inc. for Interior Coating Replacement of Reservoir 10 North (located in Olympic View Industrial Park) 2. Property Purchase Agreement with the Bowman Family Trust for 6.85 acres for Water Utility 3. 4. Ordinance to grant a 10-year Franchise Agreement with Cascade Natural Gas B. BRIEFINGS & FULL PRESENTATIONS 5. Proposed Public Hearing and ordinance to vacate alleys between Dr ML King Way and 8th Street, and between Warren and Park Avenues for the Marvin Williams Youth Center 6. Professional Services Agreement with the Law Office of Kenneth W. Bagwell, Inc. P.S. Formal action with a Council vote is anticipated; and public comment will be taken on this item only... C. GENERAL COUNCIL BUSINESS o Audit Committee Briefing (2126/15 Meeting)— Leslie Daugs, Chair o Public Works Committee Briefing (3/03/15 Meeting)— Mike Sullivan, Chair o Public Safety and Parks Committee Briefing (3/11/15 Meeting)— Leslie Daugs, Chair o Other General Council Business D. EXECUTIVE SESSION 15-minutes to consider the minimum price for a real estate transaction under RCW 42.30.110(1)(c) Information only; no action is anticipated... E. ADJOURNMENT OF STUDY SESSION F. EXEMPT CLOSED SESSION to discuss "Labor Negotiations" under RCW 42.30.140(4)(b) ® Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at(360)473-5323 at least 24 hours prior to the Council meeting. AGENDA BILL SIP CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Study Session Date: March 11, 2015 Agreement with Law Office of Kenneth W. COUNCIL MEETING Date: N/A Bagwell Inc. P.S. Department: City Council Presenter: Greg Wheeler Phone: 473-5280 SUMMARY: The City Attorney's Office provided legal representation to the Kitsap Regional Coordinating Council (KRCC)from July 16, 2013 to February 4, 2015. On March 4, 2015, the City Council moved to reject an amended Interlocal Agreement(ILA) proposed by KRCC and requested that KRCC amend other provisions of the ILA. This has created a potential conflict for the City Attorney's Office, so the City Attorney's Office cannot represent the City in issues related to KRCC. Section 23(a) of the City Charter authorizes the City Council to retain special counsel for specific assignments. The Council President seeks a motion to retain the Law Office of Kenneth W. Bagwell Inc. P.S. to as special counsel to represent the City regarding issues related to KRCC. ATTACHMENTS: Memorandum from Roger Lubovich to Mayor and City Council; and Proposed Professional Services Agreement with Law Office of Kenneth W. Bagwell Inc. P.S. FISCAL IMPACTS (Include Budgeted Amount): Fees are already budgeted. STUDY SESSION AGENDA: ❑ No Presentation ® Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ® General Business ❑ Public Hearing RECOMMENDED MOTION: Move to retain the Law Office of Kenneth W. Bagwell Inc. P.S. as special counsel to represent the City regarding issues related to KRCC and to authorize Council President to enter into a Professional Services Agreement substantially similar to the Agreement presented to the Council. COUNCIL ACTION: Approve [:1 Deny E] Table ❑ Continue ❑ No Action Form Updated 01/07/15 Office of the City Attorney Roger A. Lubovich, City Attorney 6044 OP Nemomodum To: Mayor and City Council From: Roger A. Lubovich Re: City Attorney's Office Representation of City Regarding KRCC Date: March 10, 2015 As you know, the Bremerton City Attorney's Office provided legal representation to KRCC from July 16, 2013 to February 4, 2015. As part of its representation, it assisted the KRCC Board in drafting a proposed amendment to the KRCC Interlocal Agreement (ILA). On March 4, 2015, the City Council passed a motion to reject KRCC's proposed amendments to the ILA and request that the ILA be reconsidered for an additional amendment. As the City Council moves forward in its efforts to amend the ILA, I feel that the City Attorney's Office should not represent the City in such efforts for the reasons stated below. The Washington State Rules of Professional Conduct (RPC) control the conduct of lawyers in the State of Washington. RPC 1.9 states as follows: A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing. RPC 1.9(a). In this case, KRCC is the formerly represented client. The City's future actions related to the ILA amendments may be"materially adverse" to the interests of the KRCC Board. As such, the City Attorney's Office cannot represent the City regarding the ILA. I suggest that the City retain an outside lawyer to represent the City Council, the Mayor and City staff as the City moves forward on this issue. PROFESSIONAL SERVICES AGREEMENT The City of Bremerton ("City") and Law Office of Kenneth W. Bagwell Inc. P.S. ("Retained Counsel"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: Retained Counsel will represent the City of Bremerton on an as needed basis in matters related to the Kitsap Regional Coordinating Council. II. Term: This Agreement commences upon execution by the Parties and shall continue in full force and effect until terminated pursuant to Section V of this Agreement. III. Compensation: The City shall pay Retained Counsel hourly rates for services as follows: $225.00 per hour for Kenneth W. Bagwell and $80.00 per hour for Paralegals. Out of pocket expenses will be reimbursed in accordance with Retained Counsel's standard billing practices. IV. Insurance: Retained Counsel shall provide Certificates of Insurance to the City's Risk Manager verifying the following coverage: a professional liability policy ("E&O") providing coverage of One Million Dollars ($1,000,000) for errors and omissions committed by Retained Counsel while performing its obligations under this Agreement. The policy shall remain in full force and effect, and provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager with thirty (30) days' written notice of any cancellation or change of coverage of the policy. V. Termination: The Parties agree that this Agreement will continue in full force and effect until terminated. The City may terminate representation at any time, with or without cause upon written notice to Retained Counsel. Retained Counsel reserves the right to withdraw from representing the City if fees are not timely paid, or for any other appropriate cause. VI. General Conditions: A. Reports and Information: When requested by the City, Retained Counsel shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. B. Entire Agreement: This Agreement constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral,that have not been set forth in the text of this Agreement. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. E. Notices: Notices shall be in writing and delivered to the following addresses: CITY: RETAINED COUNSEL: Greg Wheeler Law Office of Kenneth W. Bagwell Inc. P.S. City Council President Kenneth W. Bagwell City of Bremerton 9057 Washington Avenue NW Suite 203 345 Sixth Street, Suite 600 Silverdale, WA 98383 Bremerton, WA 98337 1 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed a waiver of any other right or power. G. Compliance with Laws: Retained Counsel shall comply with all applicable Federal, State and local laws in performing its obligations under this Agreement. H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. I. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorneys' fees. CITY OF BREMERTON By: Greg Wheeler By: Kenneth W. Bagwell Its: City Council President Its: Date: Date: 2 grGti i t, A D/r Cie.1.rok,,ul From: Leslie Daugs Sent: Wednesday, March 11, 2015 5:50 PM To: City Council; Lori Smith Subject: Fwd:FW: March 3 - KRCC Transition Work Study Session (Additional Info) Attachments: KRCC%20Transition%20Documents%20022814.pdf Items duscussed at study session on Wednesday, 3/11/15....regarding KRCC. See email chain below. Leslie Sent from Samsung tablet -------- Original message -------- Subject: FW: March 3 - KRCC Transition Work Study Session (Additional Info) From: City Council <City.Council@ci.bremerton.wa.us> To: Greg Wheeler<Greg.Wheeler@ci.bremerton.wa.us>,Leslie Daugs <Leslie.Daugs@ci.bremerton.wa.us> Cc: Dino Davis <Dino.Davis@ci.bremerton.wa.us> Attn: KRCC Executive Board Members Wheeler, Daugs, and Davis-Alt (FYI) Please note that printed copies of the attached document are in your box. L From: Robert Gelder [ma i Ito:rgelder@co.kitsap.wa.us] Sent: Friday, February 27, 2015 1:16 PM To: Anne Blair; Axel Strakeljahn ; Becky Erickson ; Bek Ashby; Charlotte Garrido; Chris Placentia (chris@noo-kayet.com); City Council; Ed Stern; Edward E. Wolfe; City Council; Jeff Cartwright acartwright@cityofportorchard.us); Jeromy Sullivan; John Clauson; Larry Stokes - Port of Bremerton (larrys@portofbremerton.org); Leonard Forsman; Lisa Montgomery; Patty Lent; Rob Purser; Silvia Klatman; Steve Bonkowski - City of Bainbridge Island (sbonkowski@bainbridgewa.gov); Tim Matthes; Wayne Roth Cc: Mary McClure; Pamela Browning; Robert Gelder Subject: KRCC Transition Work Study Session: March 3 Good Afternoon KRCC Board Members/Alternates Attached are some draft documents for your review in preparation for our work study next Tuesday. I had hoped to get these out sooner and thank you for everyone's patience. I'm back in NY working on family stuff following my father's passing, so my apologies as this hasn't been 100% of my attention. In preparation for next Tuesday's meeting, the Executive Committee/Agency Implementation Team met on the 17th to discuss a process for the recruitment of the KRCC Executive Director and other items similar to what Councilmember Daugs raised this week. Unfortunately, in reviewing the budget numbers that I had previously pulled, I realized that I might have been double loading some expenses. I can't get clarity on that until Monday when I'm back in the office, so I'll send everyone the comparison of possible KRCC budgets from Kitsap County and City of Poulsbo (the only two jurisdictions I have for comparison sake as administering agency). If I don't scrub the numbers one more time, we won't have a good apples to apples comparison. i Part of the packet is the draft job description. Please review that and make any suggestions for changes at our meeting next week. Our plans include sending out the draft to the planning directors and transtac for their input as our technical experts. Recruitment Process Notes for KRCC Executive Director from EC/AIT meeting on the 17th: 1) Job Description a. Rob to provide initial draft b. Rob to distribute to Exec. Committee, as well as, Planning Directors& Trans TAC members for review and comments 2) Position Posting/Recruitment/HR Support by Administering Agency 3) Application Screening a. Executive Committee plus 4 technical staff(2 Planning Directors/2 TronsTAC members)screen written applications b. Executive Committee plus 4 technical staff conduct initial interviews 4) Final Interview a. Two Panels: Technical Panel(PD/TransTAC)and full KRCC Board b. Synthesis of Panel Interviews and Selection by full KRCC Board Timeline would commence as soon as possible. Identifying Administering Agency would help solidify HR support for process. Goal to have recruitment packet on the street by April. This work will require additional meeting times of the EC/AIT in order to keep moving forward. For next week's study session we will all have: • Draft operating agreement resolution-attached-details to be completed after work study conversation. • Recruitment Plan/timeline/draft description (draft attached, more input to be received by technical staff, etc.) • Budget discussion (comparison of overhead costs, staffing based on input received from jurisdictions)-will email on Monday Thanks in advance for your great questions and engagement on Tuesday. I'm sure I've forgotten something, but hope this is a good start toward moving forward. Rob Robert Gelder, Commissioner Kitsap County District 1 360-337-7146 rgelder( co.kitsap.wa.us www.kitsapciov.com 2 From: Laura Gronnvoll [laura@kitsapregionalcouncil.org] Sent: Thursday, February 26, 2015 9:37 AM To: Anne Blair; Axel Strakeljahn ; Becky Erickson ; Bek Ashby; Charlotte Garrido; Chris Placentia (chris( noo-kayet.com); Dino Davis; Ed Stern; Edward E. Wolfe; Greg Wheeler; Jeff Cartwright(jcartwright@cityofportorchard.us); Jeromy Sullivan; John Clauson; Kirsten Jewell; Larry Stokes - Port of Bremerton (larrysaportofbremerton.org); Leonard Forsman; Lisa Montgomery; Mary McClure; Pamela Browning; Patty Lent ; Rob Purser; Robert Gelder; Silvia Klatman; Steve Bonkowski - City of Bainbridge Island (sbonkowski(a)bainbridgewa.gov); Tim Matthes; Wayne Roth Subject: FW: Options to Consider From Leslie Daugs: KRCC Executive Board, Just some thoughts that we need to start to consider, as this body thinks in moving forward on a possible option of hiring an upcoming Executive Director or contract out. If this body chooses to hire an Executive Director, here are a few options to consider, which we need to start thinking about now. -we need to review the budget, the cost for personnel -we need to develop a Job Description, specificially looking for someone with Research Analyst experience -fine tune where the Executive Director will be housed for offices and the cost allocated behind this -Hiring an Executive Director, comes with a benefits package. Whom will be responsible and the cost behind this -We need to make sure when it is time, to use an Outside hiring source for this position. I just wanted to make sure all are aware of the financial impact this will make. Leslie Daugs KRCC Executive Board/City of Bremerton 3 KITSAP REGIONAL COORDINATION COUNCIL EXECUTIVE DIRECTOR RECRUITMENT ACTIONS AND SCHEDULE The Kitsap Regional Coordinating Council (KRCC) is currently undergoing a transfer of its administrative functions to a staff model from the previous contract model.This process has included the solicitation of interested member jurisdictions in housing the administrative functions of KRCC. Concurrent with the KRCC Board review and selection of this new location for administrative services, the KRCC will be soliciting for, interviewing and selecting a candidate for the Executive Director position. To aid in this selection, below please find potential steps and draft schedule to select an Executive Director by July 24, 2015. RECRUITMENT PROCESS The following steps are proposed for the recruitment of the new KRCC Executive Director. 1) Job Description—development and approval of job qualifications, knowledge,experience and pay scale for the Executive Director position. Not dependent on the selection of new administrative services agency. 2) Recruitment Effort—decision on the.method and magnitude,for recruitment of the position. KRCC to determine whether a headhunter is used or whether advertising through the regular channels(regional newspapers, associations, listservs,etc.) is adequate. If hiring a headhunter, they assume Steps 3—5. Not dependent on the selection of new administrative services agency. 3) Recruitment Packet—development of the,recruitment packet for distribution based on the decision made in item 2 above.To be developed by the selected administrative services agency and,approved by the KRCC Board. 4) Formal Solicitation—publishing the recruitment packet by the selected administrative services agency. Duration of solicitation to be approved.by the KRCC(recommended 30 days). 5) Review of Applicants.—initial review and screening of submitted applications for the position. Review can be conducted by the selected administrative services agency or by a collection of KRCC members and staff:. 6) Interview of Candidates—based upon applicant screening the KRCC shall determine the candidates to interview and the interview panel members.The selected administrative services agency will run references and conduct background checks. 7) Selection—The KRCC Board selects a candidate,salary and benefits package for the selected administrative services agency to offer to the candidate. 8) Negotiation and Offer Acceptance—the selected administrative services agency coordinates with the KRCC for any negotiations with the selected candidate including pay, leave, benefits and start date. Kitsap Regional Coordinating Council —Executive Director Recruitment 1 Februanj 24, 2015 SCHEDULE The aforementioned steps may be accomplished through the proposed schedule below with a target of having an Executive Director in place by July 24, 2015. Step Feb Mar Apr May Jun Jul Job Description Recruitment Effort Selection of Administrative Services Agency X Recruitment Packet Formal Solicitation Review of Applicants Interview of Applicants Selection Negotiation and Offer Acceptance 6/24 Candidate Notice and Start Date 7/24 LEGEND KRCC Responsibility Administrative Services Agency Responsibility Kitsap Regional Coordinating Council -Executive Director Recruitment 2 February 24, 2015 KITSAP REGIONAL COORDINATING COUNCIL Executive Director Job Description Salary Range: $ Job Type: Full Time FLSA Status: Exempt GENERAL DESCRIPTION Under the direction of the Kitsap Regional Coordinating Council (KRCC),the Executive Director is a management position that plans, implements,facilitates and manages the goals and objectives established by KRCC. KRCC is an agency which provides general and special governments with a unified means of responding to issues that face Kitsap County. KRCC facilitates dialogue among its member agencies in the areas of land use,transportation and growth planning. It is responsible for the Kitsap Countywide Planning Policy required by the Washington State Growth Management Act,for allocating federal and state funding for transportation,and for information sharing and collaborative action on a wide range of regional issues. This position,through vision, leadership and consultation, manages and facilitates KRCC work plans and provides oversight of KRCC's day-to-day activities, including management of the organizations administrative operations and intergovernmental coordination within Kitsap and regionally. This position is at-will and is appointed by and accountable to the KRCC Executive Board. ESSENTIAL JOB FUNCTIONS ■ Maintains regular communications and builds collaborative relationships with all KRCC members and related officials to increase involvement, build consensus and promote productive partnerships, information sharing and guidance on the organizations mission. ■ Establishes and maintains effective working relationships,communicating in a professional and collegial manner with the general public,staff and a broad range of stakeholders. ■ Develops, in consultation with KRCC board members annual work-plans and strategic plans. ■ Prepares and makes presentations to diverse groups of varying technical sophistication. ■ Oversees the administration and operations of all KRCC programs, including, but not limited to, transportation planning and funding, economic development, community development and planning. ■ Maintains fiscal oversight including budget monitoring,evaluation and regular reporting to KRCC Executive Board and other committees regarding agency financial solvency. ■ Coordinates and monitors state and federal legislation and other actions related to KRCC programs. KRCC Executive Director-Job Description-DRAFT February 24,2015 Page 1 ■ Prepares and/or coordinates agendas,support documentation, minutes and other necessary documentation for various meetings related to KRCC, including the Executive Board, Planning Directors and Public Works transportation committees and other related meetings and events. ■ Ensures adequate and accessible records for public disclosure and Open Public Meetings act. ■ Oversees KRCC website and public notices. ■ Provides research assistance,support and advice on regional and local issues,as requested by KRCC board members. ■ Informs KRCC board members equally on critical issues and information related to KRCC functions. Responds to sensitive or complex inquires, problems,complaints or emergencies affecting agency programs,activities and related concerns. ■ Attends regional meetings as requested by KRCC board members. ■ Oversees and manages implementation and amendments to KRCC guiding Inter-Local Agreements with membering jurisdictions. ■ Coordinates with local,state and federal officials and governing bodies, as well as community groups and citizens to discuss problems, issues and possible solutions impacting Kitsap County. ■ Represents KRCC and builds collaborative working relationships with state and federal agencies, community groups and citizens at large. ■ Develops and implements public information, outreach and overall communication strategies for KRCC. ■ Negotiates, monitors and reports on contracts for services and grants. ■ Provides overall management and supervision of all KRCC staff and functions. Develops, recommends and administers personnel policies and other agency policies for effective operations. ■ Establishes procedures, performance standards and evaluations, provides training and leadership for all KRCC staff. ■ Performs other duties as assigned by the KRCC Executive Committee, members or committees. EDUCATION AND QUALIFICATION REQUIREMENTS ■ Bachelor's degree required in public administration, business administration/finance, transportation,engineering, regional planning or other related field. Masters degree and/or professional licenses/certifications in similar fields is preferred. ■ Ten or more years of experience in public administration, regional planning or related field; five years of direct supervision or management of a work unit requiring budgetary responsibility preferred. ■ Able to use and operate current standard office equipment including personal computers, operating systems and software. ■ Possess valid Washington State driver's license and proof of insurance at the time of hire and throughout employment. KNOWLEDGE,SKILL AND ATTRIBUTES ■ Strong, strategic, inclusive leader who leads,directs and delegates effectively. KRCC Executive Director-Job Description-DRAFT February 24,2015 Page 2 ■ Action-oriented leader who is adaptable,approachable and provides innovative approaches to KRCC functions. ■ Possess a high degree of integrity and ethics in order to maintain credibility with board members,staff and community at large. ■ Demonstrated ability to work effectively in collaboration with diverse groups of people with divergent interests. ■ Possess a strong facilitation skill that focuses on team building and time management with strengths in conflict resolutions and problem analyses. ■ Ability to quickly understand new information regarding a wide array of public policies, issues and funding opportunities. ■ Knowledge in public processes,government structures such as city, county, education, public utilities,special purpose districts or organizations of similar complexity. ■ Possess strong writing and verbal presentation skills with the ability to gear presentation documentation to audiences with varying levels of awareness. WORKING CONDITIONS ■ Work is generally performed in an office environment requiring extended periods of sitting and concentration. ■ Duties involve travel to attend meetings and conducting work at the local, regional,state and federal levels. ■ Work hours are flexible and often require attendance at meetings held before and/or after normal business hours. ■ Working conditions require ability to work and complete duties under stress, deadlines and while attending to multiple tasks simultaneously. KRCC Executive Director-Job Description-DRAFT February 24,2015 Page 3 RESOLUTION NO. -15 WHEREAS, Kitsap County and its cities recognized the need to participate in a forum for intergovernmental coordination,cooperation,and consultation among member agencies in order to bring about a continuous and comprehensive regional coordination and planning process that promotes efficient service delivery;and WHEREAS,these governments through the formation of the Kitsap Regional Coordinating Council (KRCC)desired jointly to undertake continuous, cooperative study and planning of regional and governmental issues of mutual interest, including but not limited to development, land use, housing, capital facilities,service,utilities,finances, public buildings,water supply,water distribution and drainage,air and water pollution, parks and recreation,transportation planning, and economic development;and WHEREAS,these governments formed the KRCC through approval of an inter-local agreement on , and then after amended;and WHEREAS,the efforts of the KRCC require multiple administrative services in need of delegation including staffing,office space and other operational efforts,and WHEREAS,the KRCC assessed multiple administrative models to most efficiently and cost- effectively provide these administrative services; and WHEREAS, multiple jurisdictions submitted proposals to house and staff these administrative functions within their existing facilities;and WHEREAS,the KRCC reviewed proposals from Kitsap County and the City of Poulsbo;and WHEREAS,the KRCC selected as the jurisdiction best to supply the needed administrative services to further its mission. THEREFORE,the Kitsap Regional Coordination Council(KRCC)does hereby resolve: Section 1: shall provide administrative services to the KRCC as shown in Attachment 1:Scope of Services. Section 2: shall be compensated for these services including staff and operating costs as shown in Attachment 2: Compensation. Section 3:The agreement for administrative services with shall be of a period of three years(through , 2018). Based upon review of performance and efficiency,the agreement may be extended through future actions of the KRCC. Section 4:The KRCC Executive Director shall provide a report on the efficiency and effectiveness of administrative operations for KRCC Board review annually beginning October 1, 2016. Kitsap Regional Coordinating Council- Operating Resolution 1 February 24, 2015 Passed this day of 2015. Robert Gelder,Chair Kitsap Regional Coordinating Council Chair, Kitsap County Board of Commissioners Kitsap Regional Coordinating Council- Operating Resolution 2 Februanj 24, 2015 ATTACHMENT 1:SCOPE OF SERVICES Kitsap Regional Coordinating Council- Operating Resolution 3 February 24, 2015 ATTACHMENT 2:COMPENSATION Kitsap Regional Coordinating Council- Operating Resolution 4 February 24, 2015 From: Greg Wheeler Sent: Sunday, March 08, 2015 9:57 PM To: Eric Younger, Mike Sullivan; Leslie Daugs; Roy Runyon; Dino Davis;Jerry McDonald Cc: Roger Lubovich; Patty Lent;Andrea Spencer, Lori Smith Subject: FW:Thanks! Council/Mayor/Roger/Andrea, FYI From: Greg Wheeler Sent: Sunday, March 08, 2015 9:53 PM To: Anne Blair Cc: Robert Gelder; Steve Bonkowski; Wayne Roth Subject: RE: Thanks! Good Evening Anne, No need to meet on this issue. The Bremerton City Council's position has not changed. Thank you for seriously considering our proposal. Greg Greg Wheeler President Bremerton City Council District 4 From: Anne Blair [ablair@bainbridgewa.gov] Sent: Sunday, March 08, 2015 5:12 PM To: Greg Wheeler Cc: Robert Gelder; Steve Bonkowski; Wayne Roth Subject: RE: Thanks! Hi and good afternoon, Greg.Thank you back—the conversation was helpful and, from my point of view,the full KRCC Executive Board needs to figure out how we can get to a shared, if at all possible,acceptance/approval of the issues described in the ILA.That"shared approval" is at the heart of this restructuring work.So...yes, I am thinking hard about whether I need to change my thinking and find out if the Bainbridge City Council wants to change our collective thinking about the voting quorum/one-for-one vote issue. If the Bremerton Council does not seek consensus about this issue and the KRCC can't come to agreement(and, at this point, it appears that the other voting jurisdictions do approve of the ILA as drafted/presented, i.e. including the 2 separate jurisdictions, plus 2 commissioners requirement for approval of any action), I wonder how we move forward minus the County's largest city as a participant in the organization. Yep, I do think/hope you are trying to convince others to follow the Bremerton crew toward a change in the voting procedure. Let's keep working this issue and talking about the how's and why's...an in-person conversation among the Mayor's and Council President and KRCC Chair/Commissioner seems a very important next step. What say you? 1 Onward,A Anne S.Blair City of Bainbridge Island Mayor and City Council member,North Ward 206.842.6722 or 206.214.7907(mobile) Messages to and from this e-mail address may be available to the public under Washington's Public Records Act. From: Greg Wheeler [mai Ito:Greg.WheelerCabci.bremerton.wa.us] Sent: Friday, March 06, 2015 5:48 PM To: Anne Blair Cc: Robert Gelder; Steve Bonkowski; Wayne Roth Subject: RE: Thanks! Thank you Mayor(Ann), I appreciate you took the time to speak with me and consider reviewing a new voting structure. I do not expect you to change your mind unless it works for Bainbridge. Thank you again for the conversation last night. Sincerely, Greg Greg Wheeler President Bremerton City Council District 4 From: Anne Blair [ablair@bainbridgewa.gov] Sent: Friday, March 06, 2015 8:01 AM To: Greg Wheeler Cc: Robert Gelder; Steve Bonkowski; Wayne Roth Subject: Thanks! Good morning—and thank you again for last evening's conversation. I genuinely am learning from you and, as a result, am re-examining (well, stirring for sure!) my thinking about how we might work through this transition into a "new" KRCC—the voting scheme in particular. Having used proportional and balanced voting and budgeting premised in our jurisdiction's widely different populations as a basis for my thinking about KRCC, I'm noodling what the Bremerton Council perceives as the more fair and,thus,wiser change to a straight one-vote per representative, no validation quorum approach to our decision-making. Today I will am arrange time to talk with Wayne Roth (2nd voting KRCC member from COBI) and Steve Bonkowski (COBI- KRCC alternate.) Both are bright, experienced people with skills and perspectives I respect. I also am having lunch today with Becky Erickson. In addition to our planned conversation about mental health services in our communities, I just betcha will be discussing the KRCC changes too. Finally, as I told you last night, I will be updating Commissioner Gelder and hearing more about his thinking on the Bremerton City Council decision regarding the proposed ILA. I'll keep you updated on how my"research" goes—in the meantime, I hope you'll also imagine the positive how's and why's of the voting scheme that has worked and kept KRCC a strong and renowned model for collaborative planning among widely varied municipal governments. While change in and of itself is often a very good idea, I'm still working on seeing the need to make this particular one. I am trying! Onward, knowing that we will be talking. 2 A Anne S.Blair City of Bainbridge Island Mayor and City Council member,North Ward 206.842.6722 or 206.214.7907(mobile) Messages to and from this e-mail address may be available to the public under Washington's Public Records Act. 3 From: Greg Wheeler Sent: Friday, March 06, 2015 10:33 PM To: Mike Sullivan;Jerry McDonald; Leslie Daugs; Dino Davis; Eric Younger; Roy Runyon Cc: Lori Smith; Roger Lubovich; Patty Lent Subject: FW: KRCC ILA Language Council/Roger/Mayor, FYI From: Greg Wheeler Sent: Friday, March 06, 2015 10:18 PM To: Becky Erickson; Leslie Daugs Cc: Rob Gelder(rgelder@co.kitsap.wa.us); Ed Stern Subject: RE: KRCC ILA Language Mayor Erickson, Thank you for the email thread. It made things a lot clearer. Now I understand why we ended up where we are. The Bremerton City Council has made their decision. No need to meet on this issue. We can discuss at the next KRCC meeting. Greg Greg Wheeler President Bremerton City Council District 4 From: Becky Erickson [berickson@cityofpoulsbo.com] Sent: Thursday, March 05, 2015 10:58 AM To: Leslie Daugs; Greg Wheeler Cc: Rob Gelder (rgelder@co.kitsap.wa.us); Ed Stern Subject: FW: KRCC ILA Language Leslie and Greg, After the KRCC meeting on Tuesday, I thought I should send you this email trail (see below). I think that what inspired Mary McClure to write the email below was my pushing for an employee rather than contractor in the ILA for KRCC. As you can see.....not only has Mary McClure resigned verbally but also in writing....to the ART committee. I don't know if this makes any difference in your decision making as a council, but I thought I would share these emails. This is very stressful for everyone. I am hopeful that we can move forward constructively for the entire county. If the dues structure is a concern for the City of Bremerton, I am sure that we will have this conversation. I know that when we passed our ILA last night, the question of bylaws and dues was raised by my council.We need to have this conversation. Maybe we should stick with the "ability to pay" model which is a combination of populations and assessed value.That has been the dues structure for many years....only update the dues to reflect current populations and assessments. I am sure that others would welcome this conversation.And the voting? I always thought the voting structure was fair. Poulsbo being the smallest and therefore with far less voting weight than anyone on the board, I always assumed that we must form compromises to craft policy. What we don't want is an "us against them" mentality creeping into our conversation. We must be fair. We must work together. Would you like to meet? I would willingly come to Bremerton.....maybe sit down for lunch? 1 have time on Wednesday the 11th......meet you at Coffee Oasis at noon? Let me know.... Becky Rebecca(Becky)Erickson,Mayor City of Poulsbo,200 Moe Street,Poulsbo,Washington 98370 360-394-9700 www.c/tvofpoulsbo.com Executive Board Member,Puget Sound Regional Council,Kitsop Regional Coordinating Council Open office hours from 9:00 until noon every Saturday,3rd Avenue entrance,City Hall.No appointment required From: Becky Erickson Sent: Thursday, February 05, 2015 4:44 PM To: 'Mary McClure' Cc: Ed Stern; Robert Gelder; Anne Blair; Bek Ashby; Patty Lent; Patty Lent(mayor@ci.bremerton.wa.us) Subject: RE: KRCC ILA Language Thank you for the clarification Mary.....I appreciate your candor and grace during a stressful period. As I said last night, you are the founder of KRCC and it is moving forward in new and exciting directions.You should be very proud of creating and managing this organization for so many years. My concern over the language was not directed at you but at the concept. Having a contract employee creates many different problems that would be easily resolved by making the position an employee. It also sends a very clear message about how the executive director should relate and react to the board. An employee works in different ways for a board verses a contractor. All executive directors employed by all our regional boards are employees. There are no contractors. This is done for a reason. Stuart Grogan,Scott Daniels, Dr. Sarah Turner, Richard Kirton, Kurt Weis,Joe Rozak, Larry Eyer,John Clauson, Josh Brown.....the list goes on and on. They are employees because it keep the organizations and the employee safe from litigation, it is easier and less money for insurance, licensing, tax reporting, legal fees.....etc. The list goes on.And it would afford us another revenue stream with federal grants to supplement our budget. I lost this argument so I am moving on. Becky Rebecca(Becky)Erickson,Mayor City of Poulsbo,200 Moe Street,Poulsbo,Washington 98370 360-394-9700 www.citvofpoulsbo.com Executive Board Member,Puget Sound Regional Council,Kitsop Regional Coordinating Council Open office hours from 9:00 until noon every Saturday,3rd Avenue entrance,City Hall.No appointment required From: Mary McClure [mailto:mcclure(a)kitsapregionalcouncil.org] Sent: Thursday, February 05, 2015 3:55 PM To: Becky Erickson Cc: Ed Stern; Robert Gelder; Anne Blair; Bek Ashby; Patty Lent; Patty Lent (mayor(&ci.bremerton.wa.us) Subject: KRCC ILA Language 2 Becky I am not continuing with KRCC, regardless of whatever language is inserted in the ILA. I am doing everything I can from my seat to prepare KRCC for the transition, including pushing hard to get the recruitment underway. At this point, I want out as much as you want me out. I want out as soon as I can responsibly go. Note that I have made this declaration to you in public records/disclosable e-mail. Mary McClure Executive Management by McClure Consulting LLC for Kitsap Regional Coordinating Council PO Box 1934 Kingston, WA 98346 Tel: 360.377.4900 Fax: 360.297.7762 www.KitsapRegionalCouncil.or4 Office hours: Mon-Thurs, 8:30am-11:30am 3 From: Greg Wheeler Sent: Friday, March 06, 2015 10:30 PM To: Mike Sullivan; Leslie Daugs; Dino Davis; Eric Younger;Jerry McDonald; Roy Runyon Cc: Patty Lent; Roger Lubovich; Lori Smith Subject: FW:Thanks! Council/Roger/Mayor, FYI From: Greg Wheeler Sent: Friday, March 06, 2015 5:47 PM To: Anne Blair Cc: Robert Gelder; Steve Bonkowski; Wayne Roth Subject: RE: Thanks! Thank you Mayor(Ann), I appreciate you took the time to speak with me and consider reviewing a new voting structure. I do not expect you to change your mind unless it works for Bainbridge. Thank you again for the conversation last night. Sincerely, Greg Greg Wheeler President Bremerton City Council District 4 From: Anne Blair [ablair@bainbridgewa.gov] Sent: Friday, March 06, 2015 8:01 AM To: Greg Wheeler Cc: Robert Gelder; Steve Bonkowski; Wayne Roth Subject: Thanks! Good morning—and thank you again for last evening's conversation. I genuinely am learning from you and, as a result, am re-examining(well,stirring for sure!) my thinking about how we might work through this transition into a "new" KRCC—the voting scheme in particular. Having used proportional and balanced voting and budgeting premised in our jurisdiction's widely different populations as a basis for my thinking about KRCC, I'm noodling what the Bremerton Council perceives as the more fair and,thus,wiser change to a straight one-vote per representative, no validation quorum approach to our decision-making. Today I will am arrange time to talk with Wayne Roth (2nd voting KRCC member from COSI)and Steve Bonkowski (COBI- KRCC alternate.) Both are bright, experienced people with skills and perspectives I respect. I also am having lunch today with Becky Erickson. In addition to our planned conversation about mental health services in our communities, I just betcha will be discussing the KRCC changes too. Finally, as I told you last night, I will be updating Commissioner Gelder and hearing more about his thinking on the Bremerton City Council decision regarding the proposed ILA. I'll keep you updated on how my"research" goes—in the meantime, I hope you'll also imagine the positive how's and why's of the voting scheme that has worked and kept KRCC a strong and renowned model for collaborative planning 1 among widely varied municipal governments.While change in and of itself is often a very good idea, I'm still working on seeing the need to make this particular one. I am trying! Onward, knowing that we will be talking. A Anne S.Blair City of Bainbridge Island Mayor and City Council member,North Ward 206.842.6722 or 206.214.7907(mobile) Messages to and from this a-moil address may be available to the public under Washington's Public Records Act. 2 �- Transportation Funding Andrea Spencer inquired with PSRC staff and they advised that we are still eligible to receive transportation funding from the Kitsap County set-aside that is administered by KRCC. To be clear, the countywide set-aside is PSRC funding that is administered by KRCC. This funding is not intrinsically "KRCC funding." If the city were not a member jurisdiction of KRCC, then the city would be in the role of project proponent, and could give the KRCC board testimony in support of the project. We would lose our KRCC voting ability on our projects, but we are not precluded from receiving money if we are not a member of KRCC. PSRC staff referred to this situation as "Bremerton would have a - voice,just not a KRCC vote for project funding." The City of Bremerton will continue to maintain our committee seats at the Puget Sound Regional Council, as these seats are not predicated on our membership in KRCC. As a member jurisdiction of PSRC, we can propose transportation projects for funding consideration directly at the PRSC level in addition to the countywide set-aside. We have full voting authority on any transportation funding that is decided by the PSRC Executive Board. Interestingly, PSRC is undertaking a work effort called the "Project Selection Task Force." They are reevaluating the process for the county "set-asides," and there could be changes in the way that they currently allocate funds. PSRC staff indicated that if KRCC is undergoing a structure g g change (such as Bremerton withdrawing)this may affect the decision making about what the countywide set-aside looks like. Councilmember Wheeler has now been added to this important committee work at PSRC and will be attending a meeting on Thursday March 12, 2015. Countywide Planning Policies The KRCC has been a highly functional group for the development and adoption of the countywide planning policies. However, it is not required that the city be a member jurisdiction to have influence in this process. State Law, RCW 36.70A.210, requires that the county must work in cooperation with its cities in the development of the countywide planning policies (see handout of RCW). The law does not mandate that our coordination occur through a regional cooperative agency, we can have a direct relationship with the County in the development of the policies. The coordination will likely be more complicated than it is today if we were not members of KRCC. More work would need to be done to establish agreements for our participation in the development of countywide planning policies. RCW 36.70A.210: Countywide planning policies. Page 1 of 3 r' WASHINGT ON STATE LEGISLATURE-. 1P z Search I Help I Inside the Legislature RCWs>Title 36>Chapter 36.70A> Section 36.70A.210 * Find Your Legislator 36.70A.200 << 36.70A.210 >> 36.70A.215 0 Visiting the Legislature ter Agendas, Schedules and Calendars RCW 36.70A.210 41? Bill Information Countywide planning policies. %T Laws and Agency Rules * Legislative Committees -0 Legislative Agencies (1) The legislature recognizes that counties are regional governments within Legislative Information their boundaries, and cities are primary providers of urban governmental Center services within urban growth areas. For the purposes of this section, a It E-mail Notifications "countywide planning policy" is a written policy statement or statements 0 Civic Education used solely for establishing a countywide framework from which county and * History of the State city comprehensive plans are developed and adopted pursuant to this Legislature chapter. This framework shall ensure that city and county comprehensive Outside the Legislature plans are consistent as required in RCW 36.70A.100. Nothing in this section * Congress-the Other shall be construed to alter the land-use powers of cities. Washington * TM (2) The legislative authority of a county that plans under RCW 0 Washington Courts 36.70A.040 shall adopt a countywide planning policy in cooperation with the 9* OFM Fiscal Note Website cities located in whole or in part within the county as follows: Access m (a) No later than sixty calendar days from July 16, 1991, the legislative A&Washington C.N.141 BMW Grn.rnmenl ri+.e:.lm authority of each county that as of June 1, 1991, was required or chose to plan under RCW 36.70A.040 shall convene a meeting with representatives of each city located within the county for the purpose of establishing a collaborative process that will provide a framework for the adoption of a countywide planning policy. In other counties that are required or choose to plan under RCW 36.70A.040, this meeting shall be convened no later than sixty days after the date the county adopts its resolution of intention or was certified by the office of financial management. (b) The process and framework for adoption of a countywide planning policy specified in (a) of this subsection shall determine the manner in which the county and the cities agree to all procedures and provisions including but not limited to desired planning policies, deadlines, ratification of final agreements and demonstration thereof, and financing, if any, of all activities associated therewith. (c) If a county fails for any reason to convene a meeting with representatives of cities as required in (a) of this subsection, the governor may immediately impose any appropriate sanction or sanctions on the county from those specified under RCW 36.70A.340. (d) If there is no agreement by October 1, 1991, in a county that was required or chose to plan under RCW 36.70A.040 as of June 1, 1991, or if there is no agreement within one hundred twenty days of the date the county adopted its resolution of intention or was certified by the office of financial management in any other county that is required or chooses to http://app.leg.wa.gov/rcw/default.aspx?cite=36.70A.210 3/10/2015 RCW 36.70A.210: Countywide planning policies. Page 2 of 3 plan under RCW 36.70A.040, the governor shall first inquire of the jurisdictions as to the reason or reasons for failure to reach an agreement. If the governor deems it appropriate, the governor may immediately request the assistance of the *department of community, trade, and economic development to mediate any disputes that preclude agreement. If mediation is unsuccessful in resolving all disputes that will lead to agreement, the governor may impose appropriate sanctions from those specified under RCW 36.70A.340 on the county, city, or cities for failure to reach an agreement as provided in this section. The governor shall specify the reason or reasons for the imposition of any sanction. (e) No later than July 1, 1992, the legislative authority of each county that was required or chose to plan under RCW 36.70A.040 as of June 1, 1991, or no later than fourteen months after the date the county adopted its resolution of intention or was certified by the office of financial management the county legislative authority of any other county that is required or chooses to plan under RCW 36.70A.040, shall adopt a countywide planning policy according to the process provided under this section and that is consistent with the agreement pursuant to (b) of this subsection, and after holding a public hearing or hearings on the proposed countywide planning policy. (3)A countywide planning policy shall at a minimum, address the following: (a) Policies to implement RCW 36.70A.110; (b) Policies for promotion of contiguous and orderly development and provision of urban services to such development; (c) Policies for siting public capital facilities of a countywide or statewide nature, including transportation facilities of statewide significance as defined in RCW 47.06.140; (d) Policies for countywide transportation facilities and strategies; (e) Policies that consider the need for affordable housing, such as housing for all economic segments of the population and parameters for its distribution; (f) Policies for joint county and city planning within urban growth areas; (g) Policies for countywide economic development and employment, which must include consideration of the future development of commercial and industrial facilities; and (h)An analysis of the fiscal impact. (4) Federal agencies and Indian tribes may participate in and cooperate with the countywide planning policy adoption process. Adopted countywide planning policies shall be adhered to by state agencies. (5) Failure to adopt a countywide planning policy that meets the requirements of this section may result in the imposition of a sanction or http://app.leg.wa.gov/rcw/default.aspx?cite=36.70A.210 3/10/2015 RCW 36.70A.210: Countywide planning policies. Page 3 of 3 sanctions on a county or city within the county, as specified in RCW 36.70A.340. In imposing a sanction or sanctions, the governor shall specify the reasons for failure to adopt a countywide planning policy in order that any imposed sanction or sanctions are fairly and equitably related to the failure to adopt a countywide planning policy. (6) Cities and the governor may appeal an adopted countywide planning policy to the growth management hearings board within sixty days of the adoption of the countywide planning policy. (7) Multicounty planning policies shall be adopted by two or more counties, each with a population of four hundred fifty thousand or more, with contiguous urban areas and may be adopted by other counties, according to the process established under this section or other processes agreed to among the counties and cities within the affected counties throughout the multicounty region. [2009 c 121 § 2; 1998 c 171 §4; 1994 c 249 § 28; 1993 sp.s. c 6 §4; 1991 sp.s. c 32 § 2.] Notes: *Reviser's note: The "department of community, trade, and economic development"was renamed the "department of commerce" by 2009 c 565. Severability --Application -- 1994 c 249: See notes following RCW 34.05.310. Effective date -- 1993 sp.s. c 6: See note following RCW 36.70A.040. http://app.leg.wa.gov/rcw/default.aspx?cite=36.70A.210 3/10/2015