01 14 14 Agenda Packet

8850 SW State Hwy 3, Bremerton, WA 98312 | 360.674.2381 | www.portofbremerton.
org

BOARD OF COMMISSIONERS
REGULAR BUSINESS MEETING

A G E N D A
January 14, 2014 Bill Mahan Conference Room
6:00 PM Port Administration Offices
Bremerton Natl Airport Terminal Bldg
8850 SW State Hwy 3, Bremerton

Call to Order
Pledge of Allegiance
Oath of Office
(short break for reception)
Election of Board Officers
Approval of Agenda
Consent Items

All matters listed under Consent Items have been distributed to each member of the
Commission for reading and study, are considered to be routine, and will be enacted by one
motion of the Commission with no separate discussion. If separate discussion is desired, that
item may be removed from the Consent Items and placed under Action Items by request.

A. Minutes of the regular business meeting of December 10, 2013 and special meeting of
December 30, 2013.
B. Payment of checks #101142 through #101171 and #68868 through #68874 and #68884
through #68956 and #68957 through #68965 from the General Fund for $186,980.84;
#68876 through #68883 from the Construction Fund for $42,882.55 and the payment of
payroll taxes for $16,610.12.
Payment of checks #1012034 through #1012063 and #68969 through #69033 and #69034
through #69040 from the General Fund for $201,199.16; #68966 through #68968 from the
Construction Fund for $3,996.55 and the payment of payroll taxes for $30,497.33.
Agenda for January 14, 2014
Page 2
** The Commission may add and take action on other items not listed on the Agenda **
C. Fund Transfer Resolutions:
Resolution 2014-01 monthly transfer to the General Fund: $98,954.58 from the Airport
Fund; $131,085.36 from the Harbor Fund; $18,893.46 from the Airport-Industrial
Development Fund.
Resolution 2014-02 transferring $46,152.30 from the General Fund to the Airport Fund.
Resolution 2014-03 transferring $187,586.00 from the General Fund to the Construction
Fund.
D. Resolution 2014-04 authorizing the CEO to sell and convey Port property.
Information Items - None
Work Study Session
1. Bremerton Marina Consultant Update
2. Effect of Initiative 502 as it relates to Port Property
3. Port Legislative Priorities
(Short break to reconfigure room layout)
Citizen Comments: Open to the public for comment on subjects not listed on the agenda. Speakers are
asked to keep their comments to less than 3 minutes. A Commissioner may request to
waive the 3 minute time limit. Please feel free to submit further comments in writing to
the Clerk of the Board.
Action Items

1. Marina Tariff Schedules
2. Resolution 2014-05 reiterating tenant obligations to comply with all local, state, and
federal laws
3. Resolution 2014-06 restating the Substance Abuse Free Workplace policy adopted on
June 13, 2000
New Business
Staff Reports
Commission Reports
Executive Session (if necessary)
Adjournment

Agenda for January 14, 2014
Page 3
** The Commission may add and take action on other items not listed on the Agenda **

Regular business and other meetings that may be attended by members of the Board
Date Time Meeting
1/14/14 6 pm *Commission Business Meeting including Comm. Stokes swearing-in
1/16/14 2 pm Kitsap PSRC (Puget Sound Regional Council) Coordination Telecon
1/16/14 2:30 pm Kitsap Regional Coordinating Council (KRCC) TransPOL
1/20/14 7 pm *Kitsap All-Ports
1/23 10 am PSRC Executive Board
1/28 9 am KRCC Executive Board
1/28 12:30 pm Kitsap Aerospace & Defense Alliance (KADA) Steering Committee
1/28 6 pm *Commission Business Meeting Bill Mahan Conference Room

Meetings are subject to change or cancellation
*Denotes events in which two (2) or more Commissioners may attend

8850 SW State Hwy 3, Bremerton, WA 98312 | 360.674.2381 | www.portofbremerton.org

REGULAR BUSINESS MEETING

M I N U T E S
December 10, 2013 Bill Mahan Conference Room
6:00 PM Port Administration Offices

Call to Order
President Stokes called the meeting to order at 6:00 p.m. and led the Pledge of Allegiance. He
introduced the elected officials that were in attendance and would remain for the Hail and
Farewell ceremony being held immediately following the regular business meeting.
Commissioners and Staff Present
Commissioners
Larry Stokes
Roger Zabinski
Axel Strakeljahn
Staff Members
Tim Thomson
Jim Rothlin (incoming CEO)
Fred Salisbury

Becky Swanson
Ginger Waye
Gordon Walgren, Atty

Approval of Agenda

It was moved by ZABINSKI, seconded by STOKES to:
Approve the Agenda as presented.
MOTION CARRIES, 3-0

Consent Items
A. Minutes of the regular business meeting and executive session of November 26, 2013.
B. Payment of checks #101109 through #101141 and #68788 through #68793 and #68803
through #68867 from the General Fund for $139,020.40; #68794 through #68802 from
the Construction Fund for $145,372.82 and the payment of payroll taxes for $16,855.16.
It was moved by STRAKELJAHN, seconded by ZABINSKI to:
Approve the Consent Items as presented.
MOTION CARRIES, 3-0

Information Items - None
Regular Business Meeting Minutes
December 10, 2013
Page 2 of 2

Work Study Session - None

Citizen Comments - None

Action Items - None

New Business - None

Staff Reports - None

Commission Reports

Commissioner Zabinski
Reported on the presentation he provided at the Puget Sound Regional Council (PSRC)
Freight Mobility Roundtable thanking Tim Thomson and Fred Salisbury for their
assistance with the PowerPoint.
Executive Session - None

Adjournment

There being no further business before the Board, the meeting was adjourned at 6:10 p.m.
Immediately following adjournment, a Hail and Farewell ceremony was held honoring
retiring CEO Tim Thomson and welcoming incoming CEO Jim Rothlin.

Submitted, Approved,

Jim Rothlin Larry Stokes
Chief Executive Officer Commission Secretary
January 9, 2013 January 14, 2015

8850 SW State Hwy 3, Bremerton, WA 98312 | 360.674.2381 | www.portofbremerton.org

SPECIAL MEETING

M I N U T E S
December 30, 2013 Bill Mahan Conference Room
11:00 AM Port Administration Offices

Call to Order
President Stokes called the meeting to order at 11:00 a.m. and led the Pledge of Allegiance.
Commissioners and Staff Present
Commissioners
Larry Stokes
Roger Zabinski
Axel Strakeljahn
Staff Members
Tim Thomson
Fred Salisbury
Becky Swanson

Lamarr Wright
Ginger Waye

Action Items

1. Bid Award to Sullivan Heating & Cooling, Inc., for the Olympic View Industrial Park
(OVIP #4) HVAC Upgrade Project.
Presented by Lamarr Wright, Facilities Maintenance Manager

It was moved by ZABINKSI, seconded by STRAKELJAHN to:
Award the OVIP #4 upgrade project to Sullivan Heating & Cooling, Inc. and to authorize
the Port CEO to execute the contract.
Following discussion;
MOTION CARRIES, 3-0

Commission Reports

Commissioner Stokes
Announced that Commissioner representation for select government and other
committees will continue to be assigned by the Commission Vice-President. As it is
anticipated that Commissioner Strakeljahn will be the 2014 Vice-President,
Commissioner Stokes requested he move forward in formulating those assignments.
Regular Business Meeting Minutes
December 30, 2013
Page 2 of 2

Adjournment

There being no further business before the Board, the meeting was adjourned at 11:15 a.m.

Submitted, Approved,

Jim Rothlin Axel Strakeljahn
Chief Executive Officer Commission Secretary
January 10, 2014 January 14, 2014

PORT OF BREMERTON
KITSAP COUNTY, WASHINGTON
RESOLUTION NO. 2014-01
DATED: January 14, 2014

A RESOLUTION of the Board of Commissioners, Port of Bremerton, providing for
the transfer of monies to replenish the General Fund for warrants issued to cover expenses
related to other funds during the month.

WHEREAS, all non-construction warrants were issued from the General Fund, and

WHEREAS, some of the expenses covered by the warrants related to other funds,
and

WHEREAS, the General Fund should be replenished for the monies related to other
fund expenses.

NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners, Port of
Bremerton that the Port Treasurer transfer monies between Port funds as follows:

1. Transfer $98,954.58 from the Airport Fund to the General Fund.

2. Transfer $131,085.36 from the Harbor Fund to the General Fund.

3. Transfer $18,893.46 from the Airport-Industrial Development Fund to the
General Fund.
ADOPTED by the Board of Commissioners of the Port of Bremerton at the regular
public meeting thereof held this 14
th
day of January, 2014, and duly authenticated in open
session by the signatures of the Commissioners voting in favor thereof and the Seal of the
Commission.

Commission President

Commission Vice-President

ATTEST:

Commission Secretary

PORT OF BREMERTON

A RESOLUTION of the Board of Commissioners, Port of Bremerton, providing
for the transfer of monies from the General Fund to the Airport Fund.

WHEREAS, there exists additional monies in the General Fund, and

WHEREAS, there is a need for additional monies in the Airport Fund.

Bremerton, that the Port Treasurer transfer monies between Port funds as follows:

1. Transfer $46,152.30 from the General Fund to the Airport Fund.

ADOPTED by the Board of Commissioners of the Port of Bremerton at the
regular public meeting thereof held this 14
th
day of January, 2014, and duly
authenticated in open session by the signatures of the Commissioners voting in favor
thereof and the Seal of the Commission.



ATTEST:

PORT OF BREMERTON

A RESOLUTION of the Board of Commissioners, Port of Bremerton, providing
for the transfer of monies from the General Fund to the Construction Fund.

WHEREAS, there exists additional monies in the General Fund, and

WHEREAS, there is a need for additional monies in the Construction Fund.

Bremerton, that the Port Treasurer transfer monies between Port funds as follows:

1. Transfer $187,586.00 from the General Fund to the Construction Fund.

th



ATTEST:


PORT OF BREMERTON

A RESOLUTION of the Board of Commissioners, Port of Bremerton, authorizing the Port's
Chief Executive Officer to sell and convey port district property of Eighteen Thousand Thirteen
Dollars ($18,013) or less in value according to the criteria outlined in RCW 53.08.090. This authority
shall be in force for the calendar year 2014.

WHEREAS, RCW 53.08.090 provides that the Bremerton Port Commission may authorize
the Chief Executive Officer to sell and convey port district property of $18,013 or less in value, and

WHEREAS, prior to any such sale or conveyance, the Chief Executive Officer shall itemize
and list the property to be sold and make written certification to the Port Commission that the listed
property is no longer needed for port district purposes, and

WHEREAS, any large block of the property having a value in excess of $18,013 shall not be
broken down into components of $18,013 or less value and sold in the smaller components unless
the small components be sold by public competitive bid, and

WHEREAS, no property which is a part of the comprehensive plan of improvement or
modification thereof shall be disposed of until the comprehensive plan has been modified to find the
property surplus to port needs. The comprehensive plan shall be modified only after public notice
and hearing provided by RCW 53.20.010, and

WHEREAS, this resolution shall not repeal or modify procedures for property sales within
industrial development districts as set forth in chapter RCW 53.25, and

WHEREAS, the $18,013 figure designated in this resolution shall be adjusted annually
based upon the governmental price index established by the Washington State Department of
Revenue under RCW 82.14.200.

NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners, Port of Bremerton,
that the Chief Executive Officer is authorized to sell and convey port district property of Eighteen
Thousand Thirteen Dollars ($18,013) or less in value according to the terms of this resolution and
according to the criteria established in RCW 53.08.090, and

BE IT FURTHER RESOLVED, that this authority shall be in force for the calendar year
2014.

ADOPTED by the Board of Commissioners of the Port of Bremerton at the regular public
meeting thereof held this 14th day of January, 2014 and duly authenticated in open session by the
signatures of the Commissioners voting in favor thereof and the Seal of the Commission.


ATTEST: Commission Vice President

J:\Public_Forms\Agenda Materials\01-14-14\#1 Marina Tariffs\2014 Marina Tariff Schedules - Agenda Summary.docx

AGENDA SUMMARY

Agendu Lem No: AcLIon Lem #1
SubjecL: zo1q MurInu TurIII ScIeduIes - BremerLon und PorL OrcIurd
ExIIbILs:
zo1q BremerLon und PorL OrcIurd MurInu CurrenL und Proposed TurIII
ScIeduIes, GuesL RuLes MuLrIx
Prepured By: KuLIy GurcIu, MurInu OperuLIons Munuger
MeeLIng DuLe: Junuury 1q, zo1q

Summury:
SLuII recommends LIe IoIIowIng cIunges Lo LIe zo1q MurInu TurIII ScIeduIes:
1. ncreuse GuesL Mooruge ruLes uL boLI murInu IucIIILIes
u. BremerLon
Inger SIIps & SIde TIes (A&B Dock, PubIIc Dock) - $6.oo per nIgIL + $o.qo
per IooL over qo IL
(currenL ruLe Is $o.oo per nIgIL + $o.; per IooL over qo IL)
SouLI BusIn BreukwuLer - $o.qoJIL bouL IengLI
(currenL ruLe Is $o.;JIL bouL IengLI)
TrunsILIon Dock - $1;.oo per nIgIL + $o.8 per IL over zo IL
(currenL ruLe Is $1q.oo per nIgIL + $o.;o per IL over zoIL)
b. PorL OrcIurd
Inger SIIps - $6.oo per nIgIL + $o.qo per IL over qo IL
(currenL ruLe Is $o.oo per nIgIL + $o.; per IL over qo IL)
EusL BreukwuLer & TrunsILIon Dock - $18.oo per nIgIL + $o.qo per IL over
zo IL
(currenL ruLe Is $1.oo per nIgIL + $o.; per IL over zo IL)
NorLI & OuLsIde BreukwuLer - $o.8JIL bouL IengLI
(currenL ruLe Is $o.;oJIL bouL IengLI)
GuesL mooruge ruLes Iuve noL Increused sInce zo11 und our currenL ruLes ure beIow
mosL oI LIe compeLIng murInus, boLI pubIIc und prIvuLe, In our LurgeL murkeL.
z. ncreuse Ive Abourd ee uL LIe PorL OrcIurd MurInu Lo $; per monLI
u. PorL cosLs ussocIuLed wILI IIve ubourd LenunLs conLInue Lo go up IncIudIng; wuLer,
gurbuge, recycIIng und generuI weur und Leur oI LIe IucIIILy
b. TIere Ius noL been un Increuse In LIe Ive Abourd Iee sInce zo1o

. ncreuse number oI Ive Abourd LenunLs uL LIe PorL OrcIurd MurInu Irom zo Lo z
u. CurrenLIy LIere Is u WuIL IsL Ior IIvIng ubourd uL LIe PorL OrcIurd MurInu
b. ncreusIng LIe number oI Ive Abourd LenunLs wIII Increuse revenue
c. ncreusIng LIe number oI Ive Abourd LenunLs Lo z wIII be consIsLenL wILI LIe
number oI Ive Abourd LenunLs currenLIy uIIowed uL LIe BremerLon MurInu LIus
mukIng udmInIsLruLIve procedures more sLreumIIned
d. KILsup CounLy reguIuLIons uIIow murInus Lo Iuve u LoLuI oI 1o% oI LIe LoLuI
number oI sIIps buL IIsLorIcuIIy LIe PorL CommIssIon Ius cIosen Lo keep LIe
number oI IIve ubourd LenunLs Iower due Lo murInu purkIng resLrIcLIons. TIe
recenL purkIng swup wILI LIe CILy oI PorL OrcIurd now provIdes more purkIng In
IronL oI LIe oIIIce (q6 spuces) pIus LIere ure puId purkIng spuces currenLIy used
by IIve ubourd LenunLs.
A cIunge In permunenL mooruge ruLes Is noL recommended uL LIIs LIme Ior eILIer IucIIILy buL
wIII be revIewed In LIe sprIng uILer we Iuve guLIered duLu Irom oLIer murInus In our LurgeL
murkeL und ussess LIe InIormuLIon. BremerLon MurInu murkeLIng consuILunL, Bob WIse, wus
udvIsed oI uII proposed cIunges Lo LIe zo1q LurIII und Is In ugreemenL wILI LIe
recommenduLIons.

IscuI mpucL:
TIe proposed Increuse In guesL mooruge Iees wIII Increuse revenue Ior LIe zo1q budgeL by
upproxImuLeIy $z,1qo.oo.
TIe proposed Increuse In IIve ubourd Iees uIong wILI LIe uddILIonuI IIve IIve ubourd LenunLs
uL LIe PorL OrcIurd MurInu wIII Increuse revenue Ior LIe zo1q budgeL by upproxImuLeIy $8,1oo.

RecommenduLIon:
Approve zo1q MurInu TurIII ScIeduIes - BremerLon und PorL OrcIurd

MoLIon Ior ConsIderuLIon:
Move to approve 2014 Marina Tariff Schedules Bremerton and Port Orchard

1

BREMERTON MARINA
2013 TARIFF SCHEDULE
(Effective May 15, 2013)

PERMANENT MOORAGE
Base Moorage Rate (plus applicable taxes*):

Slip/Berth Length $/month
$288.25
$310.13
$332.63
$355.75
$379.49
$403.84
$428.82
$454.41
$480.62
$507.44
$534.89
$562.95
$591.63
Over $10/ft./month

OTHER MOORAGE RELATED CHARGES

Deposits:

Security Deposit: Equal to one month's moorage
Electric Deposit: $10.00
Live Aboard Security Deposit: $100.00
Gate Card/Fob Deposit (first card/fob no deposit): $10.00
Wait List Deposit: $100.00

Miscellaneous:

Wait List Fee (annual): $25.00
Live Aboard Fee (25 Total): $100.00/boat/month plus applicable taxes
Dinghy Storage: No Charge
Slip Change Request List: $25.00 per move
Parking Pass Fee (lost/passes not returned): $25.00
Vessel Chaining Reinstatement Fee: $200.00
Metered Electric: $.1100/kwh

2

BREMERTON MARINA
(Effective June 01, 2013)

Flat Rate Electric (per month):

24' $14.55 48' $23.03
36' $18.79 50' $23.74
42' $20.91 56' $25.86
44' $21.62 60' $27.27
46' $22.33 80' $34.34

GUEST MOORAGE
(Stays 30 Days or Greater are Subject to Leasehold Excise Tax*)

Finger Slips & Side-ties: (A&B Dock, Public Dock) $30.00 per night or $0.75 per ft over 40 ft
(May be used for 14 days in a 30 day period)

South Basin Breakwater: $0.75/ft boat length
(No Minimum Charge)

Transition Dock: $14.00 per night or $0.70 per ft over 20 ft
(May only be used for 14 days in a 30 day period)

GUEST ELECTRICITY

30amp: $4.00 per night

OTHER GUEST MOORAGE FEES

Group Reservation: $5.00 per boat (paid in advance/non-refundable)
Individual Reservation: $7.00 per boat (paid in advance/non-refundable)
Late Registration: $5.00 per day (over 24 hours)

COMMERCIAL VESSEL / AIRCRAFT OPERATIONS

$50.00 per event (short term use agreement)

MISCELLANEOUS FEES

Fax Service: $1.00 per page
Copies: $0.15 per page
Service Charge**: $50.00 per man hour + material costs

* Plus 12.84% State Leasehold Tax (or applicable property tax if less than leasehold tax)

** Service Charges for dewatering, securing, towing, repairing boats and Marina damage because of lack of response,
carelessness, neglect, etc. of tenant or visitor.

Note: Late fees on past due accounts will be applied at the rate of 1.5% per month with a minimum of $20.00.

BREMERTON MARINA
(Effective February 1, 2014)

1

PERMANENT MOORAGE
Base Moorage Rate (plus applicable taxes*):

Slip/Berth Length $/month
$288.25
$310.13
$332.63
$355.75
$379.49
$403.84
$428.82
$454.41
$480.62
$507.44
$534.89
$562.95
$591.63
Over $10/ft./month


Deposits:

Live Aboard Security Deposit: $100.00
Wait List Deposit: $100.00

Miscellaneous:

Metered Electric: $.1100/kw
Flat Rate Electric (per month):

24' $14.55 48' $23.03
36' $18.79 50' $23.74
42' $20.91 56' $25.86
44' $21.62 60' $27.27
46' $22.33 80' $34.34

BREMERTON MARINA

2

GUEST MOORAGE
(Stays 30 Days or Greater are Subject to Leasehold Excise Tax*)

Finger Slips & Side-ties: (A&B Dock, Public Dock) $36.00 per night + $0.90 per ft over 40 ft
(May be used for 14 days in a 30 day period)

South Basin Breakwater: $0.90/ft boat length
(No Minimum Charge)

Transition Dock: $17.00 per night + $0.85 per ft over 20 ft
(May only be used for 14 days in a 30 day period)

GUEST ELECTRICITY




COMMERCIAL VESSEL / AIRCRAFT OPERATIONS


MISCELLANEOUS FEES

Service Charge**: $50.00 per man hour + material costs




1

PORT ORCHARD MARINA
(Effective January 01, 2013)

PERMANENT MOORAGE
Monthly Moorage Rates (plus applicable taxes*):

SIDE TIE $/month ($/ft/month) OPEN $/month ($/ft/month) COVERED $/month ($/ft/month)

20' $93.80 ($4.69) 28' $164.36 ($5.87) 28' $176.68 ($6.31)
24' $122.64 ($5.11) 32' $205.76 ($6.43) 32' $238.40 ($7.45)
28' $154.00 ($5.50) 36' $238.32 ($6.62) 36' $305.64 ($8.49)
32' $192.96 ($6.03) 40' $272.40 ($6.81) 42' $371.70 ($8.85)
36' $223.20 ($6.20) 42' $294.00 ($7.00) 52' $549.12 ($10.56)
40' $255.20 ($6.38) 50' $359.50 ($7.19)
42' $275.52 ($6.56)
50' $336.50 ($6.73)
60' $403.80 ($6.73)

OTHER: Breakwater Side Tie: $6.73 per foot


Deposits

Live Aboard Deposit: $60.00
Wait List Deposit: $100.00 per list

Miscellaneous:

Metered Electric: $0.0875 per kwh

PARKING

Marina Tenant: $30.00 per month
Water Street: $5.00 per day (1
st
- 24 hours free)

2

PORT ORCHARD MARINA
(Effective January 01, 2013)

GUEST MOORAGE
(Stays 30 days or greater are subject to Leasehold Excise Tax*)

Finger Slips: $30.00 per night or $0.75 per ft over 40 ft
(May only use finger slips for 14 days in a 30 day period)

East Breakwater & Transition Dock: $15.00 per night or $0.75 per ft over 20 ft
(May only use east breakwater & transition dock for 14 days in a 30 day period)

North & Outside Breakwater: $0.70/ft boat length on outside
(No Minimum charge)

GUEST ELECTRICITY

$4.00 per night



COMMERCIAL VESSEL/AIRCRAFT OPERATIONS


MISCELLANEOUS FEES

Service charge**: $50.00 per man hour + material cost




1

PORT ORCHARD MARINA

PERMANENT MOORAGE
Monthly Moorage Rates (plus applicable taxes*):

SIDE TIE $/month ($/ft/month) OPEN $/month ($/ft/month) COVERED $/month ($/ft/month)

20' $93.80 ($4.69) 28' $164.36 ($5.87) 28' $176.68 ($6.31)
24' $122.64 ($5.11) 32' $205.76 ($6.43) 32' $238.40 ($7.45)
28' $154.00 ($5.50) 36' $238.32 ($6.62) 36' $305.64 ($8.49)
32' $192.96 ($6.03) 40' $272.40 ($6.81) 42' $371.70 ($8.85)
36' $223.20 ($6.20) 42' $294.00 ($7.00) 52' $549.12 ($10.56)
40' $255.20 ($6.38) 50' $359.50 ($7.19)
42' $275.52 ($6.56)
50' $336.50 ($6.73)
60' $403.80 ($6.73)

OTHER: Breakwater Side Tie: $6.73 per foot


Deposits

Live Aboard Deposit: $75.00
Wait List Deposit: $100.00 per list

Miscellaneous:

Metered Electric: $0.0875 per kwh

PARKING

Marina Tenant: $30.00 per month
Water Street: $5.00 per day (1
st
- 24 hours free)

2

PORT ORCHARD MARINA

GUEST MOORAGE
(Stays 30 days or greater are subject to Leasehold Excise Tax*)

Finger Slips: $36.00 per night + $0.90 per ft over 40 ft
(May only use finger slips for 14 days in a 30 day period)

East Breakwater & Transition Dock: $18.00 per night + $0.90 per ft over 20 ft
(May only use east breakwater & transition dock for 14 days in a 30 day period)

North & Outside Breakwater: $0.85/ft boat length
(No Minimum charge)

GUEST ELECTRICITY

$4.00 per night



COMMERCIAL VESSEL/AIRCRAFT OPERATIONS


MISCELLANEOUS FEES

Service charge**: $50.00 per man hour + material cost




J:\Public_Forms\Agenda Materials\01-14-14\#2 I-502 Tenant Obligations\Agenda Summary - Resolution 2014-05.docx

A AG GE EN ND DA A S SU UM MM MA AR RY Y

Agenda Item No: Action Item #2
Subject:
Resolution 2014-05 Reiterating Tenant Obligations to Comply with all
Local, State and Federal Laws
Exhibits: Resolution 2014-05
Prepared By: Fred Salisbury
Meeting Date: January 14, 2014

Summary:
Initiative 502 was passed by the voters of the State of Washington in November 2012, providing
a framework under which marijuana producers, processors, and retailers can become licensed
by the Washington State Liquor Control Board. The Port wishes to reduce the risk of confusion
and code enforcement issues by adopting language that provides clarity, and to reiterate its
position regarding tenant obligations to comply with all local, state, and federal laws.

Marijuana is illegal under the federal Controlled Substance Act, 21 U.S.C. 801 et seq. State and
local regulations do not preempt federal law. People and businesses involved in the production,
processing, sales, and possession of marijuana could still be subject to prosecution under federal
law. Local zoning and other regulations are not a defense against a violation of federal law.
While marijuana is still classified as a controlled substance under state law in RCW
69.50.204(c)(22); the adoption of Initiative 502 allows it to be produced, processed and sold
under the strict licensing program established by the Washington State Liquor Control Board.
Recognizing that the state will soon be issuing licenses for the production, processing and retail
of marijuana, the Port of Bremerton believes it necessary to adopt local regulations for these
facilities to further protect the public health, safety, and welfare of its citizens.

The Port, as a special purpose government entity created under the authority of Title 53 of the
Revised Code of Washington, seeks to conduct its activities and use of its properties and
facilities in compliance will all federal, state, and local laws.

The Port is a recipient of federal funding which includes airport improvement project (AIP)
grants from the Federal Aviation Administration that limit the use of Port properties (airport,
Olympic View Industrial and Business Parks) to lawful purposes and require compliance with
federal law.

When there is inconsistency between local, state, or federal laws regarding criminal activities, it
has and continues to be the Ports intent to comply with the more restrictive law. Tenants on
Port property must refrain from any criminal activity, under local, state, or federal law.

Based on current federal law, it is unlawful for any Port tenant to cultivate, store, distribute, sell,
or use marijuana. Port tenants cannot operate on Port property as a marijuana producer,
marijuana processor, or marijuana retailers as those terms are defined by Initiative 502.

This resolution has been reviewed and approved by the Port Attorney.

Fiscal Impact:
None

Recommendation:
Staff recommends approval of Resolution 2014-05 and requests authorization for the CEO
and Port Attorney to communicate to the Washington State Liquor Control Board the Ports
position regarding I-502 operations on Port properties.

Motion for Consideration:
Move to approve Resolution 2014-05 and authorize the CEO and Port Attorney
to communicate to the Washington State Liquor Control Board the Ports
position regarding I-502 operations on Port properties.

Page 1

PORT OF BREMERTON

A RESOLUTION of the Board of Commissioners, Port of Bremerton, reiterating
tenant obligations to comply with all local, state, and federal laws.

WHEREAS, consistent with its role as a Port District and its status as a lead
economic development agency for Kitsap County, the Port of Bremerton engages in
diverse economic development activities, the purpose of which is to increase the
economic vitality of Kitsap County through the retention, expansion, start-up, and
recruitment of business and employers; and

WHEREAS, consistent with its economic development goals, the Port owns,
acquires, operates and leases property and facilities in Kitsap County for a wide range
of commercial and industrial development; and

WHEREAS, the Port, as a special purpose government entity created under the
authority of Title 53 of the Revised Code of Washington, seeks to conduct its activities
and use of its property and facilities in compliance with all federal, state, and local laws;
and

WHEREAS, the Port is a recipient of federal funding which includes grants from
the Federal Aviation Administration that limit the use of Port property to lawful purposes
and require compliance with federal laws; and

WHEREAS, in 2012, voters in the state of Washington passed Initiative 502
which authorizes and regulates marijuana production, distribution, and possession for
persons over twenty-one and removes state-law criminal and civil penalties for the
same activities, effective December 6, 2012; and

WHEREAS, the same activities that are authorized under Initiative 502 continue
to be illegal under federal law, which criminalizes cultivation, sale, possession and use
of marijuana.

Bremerton,

1. The Port of Bremerton has required and will continue to require tenants on Port
property to comply with all applicable local, state and federal laws.
2. When there is inconsistency between local, state or federal laws regarding
criminal activities, it has and continues to be the Ports intent to require tenants to
comply with the most restrictive law. Tenants on Port property must refrain from
any criminal activity, under local, state or federal law.

Page 2

3. Based on current federal law, no Port tenant shall cultivate, store, distribute, sell,
or use marijuana on Port property. Port tenants cannot operate on Port property
as a marijuana producer, marijuana processor, or marijuana retailer as those
terms are defined by Initiative 502.

th


Commission Vice President
ATTEST:


J:\Public_Forms\Agenda Materials\01-14-14\#3 Substance Abuse Free Workplace\Agenda Summary - Substance Abuse Free Workplace.docx

A AG GE EN ND DA A S SU UM MM MA AR RY Y

Agenda Item No: Action Item #3
Subject:
Resolution 2014-06 restating the Substance Abuse Free Workplace
Policy adopted on June 13, 2000
Exhibits: Resolution 2014-06
Prepared By: Gordon Walgren, Port Attorney
Meeting Date: January 14, 2014

Summary:
The Ports current Substance Abuse (Drug) Free Workplace Policy was adopted on June 13,
2000. Resolution 2014-06 has been prepared as a modest update and formalization to the
current policy.

Fiscal Impact:
None

Recommendation:
Staff recommends favorable consideration and adoption of Resolution 2014-06.

Motion for Consideration:
Move to approve Resolution 2014-06 restating the Substance Abuse Free
Workplace Policy adopted on June 13, 2000.

Page 1

PORT OF BREMERTON

A RESOLUTION of the Board of Commissioners, Port of Bremerton, restating
the Substance Abuse Free Workplace policy adopted on June 13, 2000.

WHEREAS, the Port of Bremerton (Port) has an obligation to its employees and
citizens to take reasonable steps to assure safety in the workplace and to provide a high
quality level of service in a drug and alcohol free work environment for its employees at
all of its facilities, including Bremerton National Airport, Olympic View Industrial Park,
Port of Bremerton Marinas, public docks and ramps. The employees of the Port are its
most valuable resource and the Port is committed to ensuring the personal health and
safety of all members. To that end, the Port will provide a drug-free environment for all
members in accordance with the Federal Drug-Free Workplace Act of 1988 (41 U.S.
Code 701 et seq.) and current Washington State law; and

WHEREAS, despite the recent passage of Initiative 502, the Port remains a
Drug-Free Workplace. Under federal law, marijuana remains a controlled, illegal
Schedule 1 drug under the Controlled Substance Act. In addition, as a recipient of
federal funding, the Port is subject to the terms of the Drug-Free Workplace Act of 1988
(Public Law 100-690, 41 USC 701 et seq.) Under this law, the Port must prohibit the
unlawful manufacture, distribution, dispensing, possession, or use of a controlled
substance on Port premises or while conducting Port business on or off Port premises.

Bremerton, that:

The Port of Bremerton prohibits 1) the use, sale, manufacture, distribution,
dispensing, and possession of illegal drugs and drug paraphernalia, the abuse of
prescription and/or abuse of alcohol while at work; or 2) reporting to work while under
the influence of alcohol or any drug or mood altering substance, or with the odor of
alcohol on the breath. Any employee who violates this resolution will be subject to
disciplinary action up to and including termination.

In addition to the requirements of this Substance Abuse Free Workplace
Resolution, Port of Bremerton personnel performing security activities regulated by the
Federal Aviation Administration (FAA) at Bremerton National Airport, will be required to
abide by the current FAA approved drug testing program and anti-drug policy
procedures.

An employee who appears to be under the influence of alcohol or any drug or
mood altering substance, will immediately be escorted to a Port-selected facility for drug
testing. If the alcohol or drug test is positive, the employee may be subject to

Page 2

termination. However, the employee will be encouraged or required to seek assistance
for drug or substance abuse or other related problems, and must agree to the
requirements of a Reinstatement Agreement (as attached and appended hereto) to
continue employment with the Port of Bremerton.

The Port of Bremerton Substance Abuse Free Workplace Resolution Procedures
outlined below and current Federal Aviation Administration Anti-Drug Plan outline the
Ports stand on the consequences of substance abuse by its employees. The Port of
Bremerton will make a good faith effort to maintain a drug and alcohol free workplace,
and expects its employees to be responsible and accountable for making this
commitment to themselves.

1. EXPECTED CONDUCT
1.1. No employee may use, sell, manufacture, receive, distribute, dispense or
possess any illegal drug, or be under the influence of alcohol or any illegal drug,
or abuse prescription or over the counter drugs while on Port property, while
operating Port vehicles on company business, or while representing the
company in an official capacity on or off the company premises.
Provided, however, in the conduct of Port business, occasions may arise at
special or social events during which alcoholic beverages may be available. The
Port recognizes that at such events individual employees may choose to have
such a beverage. Use of alcohol at such events or after normal working hours
or off Port property may be grounds for disciplinary action if that use results in
adverse impact on the Port or its employees.
1.2. Employees will not be excused from expected conduct or any disciplinary step
as a result of a claim of being a substance abuser. If an employee raises this
issue at any time, that employee will be provided with substance abuse
assistance program information.
2. USE OF LEGALLY OBTAINED PRESCRIPTION DRUGS
2.1. All employees taking prescription medications are encouraged for safety
reasons to carry the medicines in the original container including instructions for
use as provided by the issuing pharmacy.
2.2. Employees are responsible for asking their physician if any side effects will
result that will potentially impair their work behavior. If impairment may result, a
brief note from the physician stating the effects of the prescription is appropriate,
and may be required.
3. VIOLATION AND PROCEDURES
3.1. Any supervisor, manager, or other employee who believes that a fellow
employee, supervisor, or manager is using or is under the influence of any
substance covered by this resolution, will notify the Executive Director or
designee as soon as possible after becoming aware of the use.

Page 3

3.2. The Executive Director or designee will notify the local law enforcement agency
whenever the use, sale, possession, manufacture, receipt, distribution and/or
dispensing of illegal drugs is brought to his/her attention.
3.3. Any alleged illegal drug or paraphernalia found or seized as a result of
enforcement of this resolution, will be collected by the Executive Director or
designee who will immediately notify the local law enforcement agency for
directions on disposal. The Port will request this agency to come to the
worksite, collect the items and investigate the activity.
3.4. Employees convicted of a criminal drug violation must report the conviction to
their Supervisor within five (5) days after such conviction.
3.4.1. The Supervisor will immediately notify the Executive Director or designee.
3.4.2. In the case of the employee whose job assignment is at Bremerton
National Airport, the Executive Director or designee must notify the FAA
within ten (10) days after receiving such notice from convicted employee.
3.4.3. Any employee convicted of any offense related to drug and alcohol abuse
(on or off duty) that results in suspension or limitation of driving privileges
will notify his/her supervisor immediately. Suspension or limitation of
driving privileges may result in disciplinary action up to and including
termination.
4. EMPLOYEE ASSISTANCE AND CONFIDENTIALITY
As part of its commitment to all employees in maintaining a safe and productive drug
free workplace, the Port of Bremerton will encourage or require employees to seek
assistance for drug or substance abuse or other related problems.
4.1. Employees are encouraged to use local community resources such as Mental
Health Clinics, Alcoholics Anonymous, Narcotics Anonymous and other related
groups. Information regarding these programs is available through the local
phone directory, local county Prevention Coordinators and Community
Mobilization Groups. Information regarding use of assistance programs by any
employee who seeks assistance or who is ordered to seek assistance will be
kept strictly confidential, and will be maintained only in the employee's medical
personnel file, or in the case of Bremerton National Airport employees
performing security activities regulated by the FAA, all information and results of
testing and assistance will be kept in a separate confidential file accessible only
by the Program Manager as outlined in the FAA Anti-Drug Plan, and will not in
any way affect promotions or assignments.
4.2. If the employee requires in-patient treatment for a drug or substance abuse or
other problem, the employee shall use accumulated sick and/or annual leave.
Any request for leave of absence without pay must be submitted in writing for
the approval of the Executive Director and/or Board of Commissioners.
4.3. Employees who volunteer for or who are ordered for assessment and require in-
patient treatment of any kind will be allowed to return to work after signing and
abiding by the conditions of a "Reinstatement Agreement". The Port of

Page 4

Bremerton requires written documentation of successful attendance and
completion of any treatment or follow-up program. All documentation of this
nature will be treated as confidential.
4.4. No employee returning to work under the conditions of a "Reinstatement
Agreement" may refuse to comply with the treatment and after care
recommendations of a specialist and/or recognized treatment (in or out patient)
facility. Employees will be required to provide written confirmation of attendance
at treatment or after care programs at regular intervals, and upon completion of
the treatment program, to provide a written confirmation of satisfactory
completion of the program.
4.5. Although use of any employee assistance program is voluntary, failure to report
for initial and follow-up ordered visits may result in disciplinary action up to and
including termination.
5. EMPLOYEE BRIEFING AND ACKNOWLEDGMENT
5.1. All current employees will receive a briefing covering this Substance Abuse Free
Workplace resolution, and will be expected to sign an acknowledgement that
they have received a copy of the resolution. Bremerton National Airport
employees performing security activities regulated by the FAA will also be
required to sign an acknowledgment of receipt of the attached FAA Anti-Drug
Plan, certifying intent to comply with its terms.
5.2. All employees hired after the implementation of this resolution will be informed
on the requirements of the Substance Abuse Free Workplace Resolution as part
of the normal new-employee orientation process.
6. PROCEDURAL VIOLATION
6.1. Violation of any procedural step in this resolution will result in disciplinary action,
up to and including termination.

th


Commission Vice President
ATTEST:


Attachment to Port of Bremerton Resolution 2014-06
Substance Abuse Free Workplace Policy Substance Abuse Reinstatement Agmt
REINSTATEMENT AGREEMENT

As an individual who has been found in violation of Resolution No. 2014-06 (Port of
Bremerton Resolution for a Substance Abuse Free Workplace), you are subject to
termination. However, in furtherance of the Ports philosophy to assist employees in
addressing their drug and/or alcohol use or abuse, you have the opportunity to continue
employment with the Port by agreeing to and meeting all of the following terms and
conditions of employment.

1. I _______________________________________________ agree that I will abide
by the Port of Bremerton Resolution for a Substance Abuse Free Workplace. I have
completed my drug rehabilitation program under the direction of a licensed
practitioner and have been given permission to return to my duties at the Port of
Bremerton as of _____________________________ (date). (See letter attached)

2. I agree to submit, upon request, to unannounced follow-up drug/alcohol testing for a
period not to exceed 24 months. This period will be extended upon the
recommendation of my treatment counselor. These follow-up tests are in addition to
any tests that may be necessitated based on reasonable suspicion of drug and/or
alcohol usage on Port premises and/or during work time to the extent that employees
are subject to such tests. Failure to pass any test or to immediately submit to any test
upon request will result in my termination.

3. I agree that the terms of this agreement do not in any manner affect the right of the
Port to discipline or discharge me for unsatisfactory performance, work rule
violations or for any other valid reason unrelated to the purpose or scope of this
agreement.

I understand and agree that my reinstatement and continued employment with the Port
are contingent upon my satisfactorily meeting all of the above terms of this
Reinstatement Agreement and that my failure to do so will subject me to immediate
termination.

I acknowledge that I have carefully read this Reinstatement Agreement, that I understand
the conditions set forth herein and that I have signed the same freely and without reliance
upon any representations other than those expressly stated above.

Employee Signature Chief Executive Officer

Date Date

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8850 SW State Hwy 3, Bremerton, WA 98312 | 360.674.2381 | www.portofbremerton.

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