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

BOARD OF COMMISSIONERSREGULAR 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, 2013and special meeting ofDecember 30, 2013.

B. Payment of checks #101142 through #101171 and #68868 through #68874 and #68884through #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.

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Agenda for January 14, 2014Page 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 Update2. Effect of Initiative 502 as it relates to Port Property3. 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 areasked 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 Schedules2. Resolution 2014-05reiterating tenant obligations to comply with all local, state, and

federal laws

3. Resolution 2014-06restating the Substance Abuse Free Workplace policy adopted onJune 13, 2000

New Business

Staff Reports

Commission Reports

Executive Session (if necessary)

Adjournment

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Agenda for January 14, 2014Page 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 Telecon1/16/14 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

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BOARD OF COMMISSIONERSREGULAR 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. Heintroduced 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

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Regular Business Meeting MinutesDecember 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

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BOARD OF COMMISSIONERSSPECIAL 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 othercommittees 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.

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Regular Business Meeting MinutesDecember 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

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PORT OF BREMERTON

KITSAP COUNTY, WASHINGTON

RESOLUTION NO. 2014-01

DATED: January 14, 2014

A RESOLUTIONof the Board of Commissioners, Port of Bremerton, providing forthe transfer of monies to replenish the General Fund for warrants issued to cover expensesrelated 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 RESOLVEDby the Board of Commissioners, Port ofBremerton 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 theGeneral Fund.

ADOPTEDby the Board of Commissioners of the Port of Bremerton at the regularpublic meeting thereof held this 14thday of January, 2014,and duly authenticated in opensession by the signatures of the Commissioners voting in favor thereof and the Seal of theCommission.

Commission President

Commission Vice-President

ATTEST:

Commission Secretary

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PORT OF BREMERTON




A RESOLUTIONof the Board of Commissioners, Port of Bremerton, providingfor 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.

NOW, THEREFORE BE IT RESOLVEDby the Board of Commissioners, Port of

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.

ADOPTEDby the Board of Commissioners of the Port of Bremerton at theregular public meeting thereof held this 14thday of January, 2014, and dulyauthenticated in open session by the signatures of the Commissioners voting in favorthereof and the Seal of the Commission.



ATTEST:


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PORT OF BREMERTON




A RESOLUTIONof the Board of Commissioners, Port of Bremerton, providingfor 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.

ADOPTEDby the Board of Commissioners of the Port of Bremerton at theregular public meeting thereof held this 14thday of January, 2014, and dulyauthenticated in open session by the signatures of the Commissioners voting in favorthereof and the Seal of the Commission.



ATTEST:


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PORT OF BREMERTON




A RESOLUTIONof the Board of Commissioners, Port of Bremerton, authorizing the Port's

Chief Executive Officer to sell and convey port district property of Eighteen Thousand ThirteenDollars ($18,013) or less in value according to the criteria outlined in RCW 53.08.090. This authorityshall be in force for the calendar year 2014.

WHEREAS, RCW 53.08.090 provides that the Bremerton Port Commission may authorizethe 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 itemizeand list the property to be sold and make written certification to the Port Commission that the listedproperty 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 bebroken down into components of $18,013 or less value and sold in the smaller components unlessthe small components be sold by public competitive bid, and

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

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

WHEREAS, the $18,013 figure designated in this resolution shall be adjusted annuallybased upon the governmental price index established by the Washington State Department of

Revenue under RCW 82.14.200.

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

BE IT FURTHER RESOLVED, that this authority shall be in force for the calendar year2014.

ADOPTEDby the Board of Commissioners of the Port of Bremerton at the regular publicmeeting 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


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

AGENDA SUMMARY

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Move to approve 2014 Marina Tariff Schedules Bremerton and Port Orchard

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1

BREMERTON MARINA2013 TARIFF SCHEDULE

(Effective May 15, 2013)

PERMANENT MOORAGEBase 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: Electric Deposit: $10.00Live Aboard Security Deposit: $100.00Gate Card/Fob Deposit (first card/fob no deposit): $10.00Wait List Deposit: $100.00

Miscellaneous:

Wait List Fee (annual): $25.00Live Aboard Fee (25 Total): $100.00/boat/monthplus applicable taxes

Dinghy Storage: No ChargeSlip Change Request List: $25.00 per move

Parking Pass Fee (lost/passes not returned): $25.00Vessel Chaining Reinstatement Fee: $200.00Metered Electric: $.1100/kwh

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2


(Effective June 01, 2013)

Flat Rate Electric (per month):

$14.55 $23.03

$18.79 $23.74 $20.91 $25.86 $21.62 $27.27 $22.33 $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 night50amp: $5.00 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 pageCopies: $0.15 per pageService 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.

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(Effective February 1, 2014)

1

PERMANENT MOORAGEBase 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:

Security Deposit:

Electric Deposit: $10.00Live Aboard Security Deposit: $100.00Gate Card/Fob Deposit (first card/fob no deposit): $10.00Wait List Deposit: $100.00

Miscellaneous:

Wait List Fee (annual): $25.00Live Aboard Fee (25 Total): $100.00/boat/monthplus applicable taxesDinghy Storage: No ChargeSlip Change Request List: $25.00 per moveParking Pass Fee (lost/passes not returned): $25.00Vessel Chaining Reinstatement Fee: $200.00

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

$14.55 $23.03 $18.79 $23.74 $20.91 $25.86 $21.62 $27.27 $22.33 $34.34

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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

30amp: $4.00 per night50amp: $5.00 per night


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


MISCELLANEOUS FEES

Fax Service: $1.00 per pageCopies: $0.15 per pageService Charge**: $50.00 per man hour + material costs




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1

PORT ORCHARD MARINA2013 TARIFF SCHEDULE

(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)

$93.80 ($4.69) $164.36 ($5.87) $176.68 ($6.31) $122.64 ($5.11) $205.76 ($6.43) $238.40 ($7.45) $154.00 ($5.50) $238.32 ($6.62) $305.64 ($8.49) $192.96 ($6.03) $272.40 ($6.81) $371.70 ($8.85) $223.20 ($6.20) $294.00 ($7.00) $549.12 ($10.56) $255.20 ($6.38) $359.50 ($7.19) $275.52 ($6.56) $336.50 ($6.73)

$403.80 ($6.73)

OTHER:Breakwater Side Tie: $6.73 per foot


Deposits

Security Deposit: Electric Deposit: $10.00Live Aboard Deposit: $60.00Gate Card/Fob Deposit (first card/fob no deposit): $10.00

Wait List Deposit: $100.00 per list

Miscellaneous:

Wait List Fee (annual): $25.00Live Aboard Fee (20 Total): $60.00/boat/monthplus applicable taxesDinghy Storage: No ChargeSlip Change Request List: $25.00 per moveMetered Electric: $0.0875 per kwhParking Pass Fee (lost/passes not returned): $25.00Vessel Chaining Reinstatement Fee: $200.00

PARKING

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

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2

PORT ORCHARD MARINA2013 TARIFF SCHEDULE(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


GroupReservation: $5.00 per boat (paid in advance/non-refundablIndividual Reservation: $7.00 per boat (paid in advance/non-refundablLate Registration: $5.00 per day (over 24 hours)

COMMERCIAL VESSEL/AIRCRAFT OPERATIONS


MISCELLANEOUS FEES

Fax Service: $1.00 per pageCopies: $0.15 per pageService charge**: $50.00 per man hour + material cost


** Service Charges for dewatering, securing, towing, repairing boats and Marina damage because of lack of response,

carelessness, neglect, etc. of tenant or visitor.


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1



PERMANENT MOORAGE

Monthly Moorage Rates (plus applicable taxes*):

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

$93.80 ($4.69) $164.36 ($5.87) $176.68 ($6.31) $122.64 ($5.11) $205.76 ($6.43) $238.40 ($7.45) $154.00 ($5.50) $238.32 ($6.62) $305.64 ($8.49) $192.96 ($6.03) $272.40 ($6.81) $371.70 ($8.85) $223.20 ($6.20) $294.00 ($7.00) $549.12 ($10.56) $255.20 ($6.38) $359.50 ($7.19) $275.52 ($6.56) $336.50 ($6.73)

$403.80 ($6.73)

OTHER:Breakwater Side Tie: $6.73 per foot


Deposits

Security Deposit: Electric Deposit: $10.00Live Aboard Deposit: $75.00Gate Card/Fob Deposit (first card/fob no deposit): $10.00

Wait List Deposit: $100.00 per list

Miscellaneous:

Wait List Fee (annual): $25.00Live Aboard Fee (25 Total): $75.00/boat/monthplus applicable taxesDinghy Storage: No ChargeSlip Change Request List: $25.00 per moveMetered Electric: $0.0875 per kwhParking Pass Fee (lost/passes not returned): $25.00Vessel Chaining Reinstatement Fee: $200.00

PARKING

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

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2



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


GroupReservation: $5.00 per boat (paid in advance/non-refundablIndividual Reservation: $7.00 per boat (paid in advance/non-refundablLate Registration: $5.00 per day (over 24 hours)

COMMERCIAL VESSEL/AIRCRAFT OPERATIONS


MISCELLANEOUS FEES

Fax Service: $1.00 per pageCopies: $0.15 per pageService charge**: $50.00 per man hour + material cost




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

AAGGEENNDDAASSUUMMMMAARRYY

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 soldunder 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.

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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.

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Page 1

PORT OF BREMERTON




A RESOLUTIONof the Board of Commissioners, Port of Bremerton, reiteratingtenant obligations to comply with all local, state, and federal laws.

WHEREAS, consistent with its role as a Port District and its status as a leadeconomic development agency for Kitsap County, the Port of Bremerton engages indiverse economic development activities, the purpose of which is to increase theeconomic vitality of Kitsap County through the retention, expansion, start-up, andrecruitment 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 rangeof commercial and industrial development; and

WHEREAS, the Port, as a special purpose government entity created under theauthority of Title 53 of the Revised Code of Washington, seeks to conduct its activitiesand 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 fromthe Federal Aviation Administration that limit the use of Port property to lawful purposesand require compliance with federal laws; and

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

WHEREAS, the same activities that are authorized under Initiative 502 continueto be illegal under federal law, which criminalizes cultivation, sale, possession and useof marijuana.


Bremerton,

1. The Port of Bremerton has required and will continue to require tenants on Portproperty to comply with all applicable local, state and federal laws.

2. When there is inconsistency between local, state or federal laws regardingcriminal activities, it has and continues to be the Ports intent to require tenants tocomply with the most restrictive law. Tenants on Port property must refrain fromany criminal activity, under local, state or federal law.

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

AAGGEENNDDAASSUUMMMMAARRYY

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.

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PORT OF BREMERTON




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

WHEREAS, the Port of Bremerton (Port) has an obligation to its employees andcitizens to take reasonable steps to assure safety in the workplace and to provide a highquality level of service in a drug and alcohol free work environment for its employees atall 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 itsmost valuable resource and the Port is committed to ensuring the personal health andsafety 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 aDrug-Free Workplace. Under federal law, marijuana remains a controlled, illegalSchedule 1 drug under the Controlled Substance Act. In addition, as a recipient offederal 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 theunlawful manufacture, distribution, dispensing, possession, or use of a controlledsubstance on Port premises or while conducting Port business on or off Port premises.

NOW, THEREFORE BE IT RESOLVEDby the Board of Commissioners, Port ofBremerton, that:

The Port of Bremerton prohibits 1) the use, sale, manufacture, distribution,dispensing, and possession of illegal drugs and drug paraphernalia, the abuse ofprescription and/or abuse of alcohol while at work; or 2) reporting to work while underthe influence of alcohol or any drug or mood altering substance, or with the odor ofalcohol on the breath. Any employee who violates this resolution will be subject todisciplinary 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 theFederal Aviation Administration (FAA) at Bremerton National Airport, will be required toabide by the current FAA approved drug testing program and anti-drug policyprocedures.

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

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

The Port of Bremerton Substance Abuse Free Workplace Resolution Proceduresoutlined below and current Federal Aviation Administration Anti-Drug Plan outline thePorts stand on the consequences of substance abuse by its employees. The Port ofBremerton 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 thiscommitment to themselves.

1. EXPECTED CONDUCT

1.1. No employee may use, sell, manufacture, receive, distribute, dispense orpossess 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 thecompany in an official capacity on or off the company premises.

Provided, however, in the conduct of Port business, occasions may arise atspecial or social events during which alcoholic beverages may be available. ThePort recognizes that at such events individual employees may choose to havesuch a beverage. Use of alcohol at such events or after normal working hoursor off Port property may be grounds for disciplinary action if that use results inadverse impact on the Port or its employees.

1.2. Employees will not be excused from expected conduct or any disciplinary stepas 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 abuseassistance program information.

2. USE OF LEGALLY OBTAINED PRESCRIPTION DRUGS

2.1. All employees taking prescription medications are encouraged for safetyreasons to carry the medicines in the original container including instructions foruse as provided by the issuing pharmacy.

2.2. Employees are responsible for asking their physician if any side effects willresult that will potentially impair their work behavior. If impairment may result, abrief 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 fellowemployee, supervisor, or manager is using or is under the influence of anysubstance covered by this resolution, will notify the Executive Director ordesignee as soon as possible after becoming aware of the use.

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3.2. The Executive Director or designee will notify the local law enforcement agencywhenever the use, sale, possession, manufacture, receipt, distribution and/ordispensing of illegal drugs is brought to his/her attention.

3.3. Any alleged illegal drug or paraphernalia found or seized as a result ofenforcement of this resolution, will be collected by the Executive Director or

designee who will immediately notify the local law enforcement agency fordirections on disposal. The Port will request this agency to come to theworksite, collect the items and investigate the activity.

3.4. Employees convicted of a criminal drug violation must report the conviction totheir 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 BremertonNational Airport, the Executive Director or designee must notify the FAAwithin 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 privilegeswill notify his/her supervisor immediately. Suspension or limitation ofdriving privileges may result in disciplinary action up to and includingtermination.

4. EMPLOYEE ASSISTANCE AND CONFIDENTIALITY

As part of its commitment to all employees in maintaining a safe and productive drugfree workplace, the Port of Bremerton will encourage or require employees to seekassistance 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 relatedgroups. Information regarding these programs is available through the localphone directory, local county Prevention Coordinators and CommunityMobilization Groups. Information regarding use of assistance programs by anyemployee who seeks assistance or who is ordered to seek assistance will bekept strictly confidential, and will be maintained only in the employee's medicalpersonnel file, or in the case of Bremerton National Airport employeesperforming security activities regulated by the FAA, all information and results oftesting and assistance will be kept in a separate confidential file accessible onlyby the Program Manager as outlined in the FAA Anti-Drug Plan, and will not inany way affect promotions or assignments.

4.2. If the employee requires in-patient treatment for a drug or substance abuse orother problem, the employee shall use accumulated sick and/or annual leave.

Any request for leave of absence without pay must be submitted in writing forthe 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 andabiding by the conditions of a "Reinstatement Agreement". The Port of

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Bremerton requires written documentation of successful attendance andcompletion of any treatment or follow-up program. All documentation of thisnature will be treated as confidential.

4.4. No employee returning to work under the conditions of a "ReinstatementAgreement" 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 attendanceat treatment or after care programs at regular intervals, and upon completion ofthe treatment program, to provide a written confirmation of satisfactorycompletion of the program.

4.5. Although use of any employee assistance program is voluntary, failure to reportfor initial and follow-up ordered visits may result in disciplinary action up to andincluding termination.

5. EMPLOYEE BRIEFING AND ACKNOWLEDGMENT

5.1. All current employees will receive a briefing covering this Substance Abuse FreeWorkplace resolution, and will be expected to sign an acknowledgement thatthey have received a copy of the resolution. Bremerton National Airportemployees performing security activities regulated by the FAA will also berequired to sign an acknowledgment of receipt of the attached FAA Anti-DrugPlan, certifying intent to comply with its terms.

5.2. All employees hired after the implementation of this resolution will be informedon the requirements of the Substance Abuse Free Workplace Resolution as partof 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.

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


Commission Vice PresidentATTEST:


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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 inaddressing 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 abideby the Port of Bremerton Resolution for a Substance Abuse Free Workplace. I have

completed my drug rehabilitation program under the direction of a licensedpractitioner 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 aperiod not to exceed 24 months. This period will be extended upon the

recommendation of my treatment counselor. These follow-up tests are in addition toany 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 thePort to discipline or discharge me for unsatisfactory performance, work ruleviolations 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 relianceupon any representations other than those expressly stated above.

Employee Signature Chief Executive Officer

Date Date

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Documents

Transcript of 01 14 14 Agenda Packet