HomeMy WebLinkAbout03/11/2015 AGENDA v3
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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