Marina Advisory Commission

M A R I N A A DV I S O RY C OMMITTEE November 13, 2023 Marina Advisory Committee Meeting 11.13.2023 Master Page 1 of 39  MARINA ADVISORY COMMITTEE AGENDA City Hall – Mayor’s Conference Room 865 SE Barrington Drive, Oak Harbor, WA 98277 TUESDAY, November 13, 2023 3:00PM 1. CALL TO ORDER/ROLL CALL Committee Members • Ken Hulett, Chairman • J.J. Jones, Vice-Chairman • Ryan Bradley • Byron Skubi • Gabe Hill 2. APPROVAL OF October 11, 2023, MINUTES 3. PUBLIC COMMENT During this time, citizens may comment on subjects of interest not on the agenda or agenda items. To ensure comments are recorded properly, state your name clearly. Individual comments will be limited to three (3) minutes to ensure maximum participation during the 15-minute timeframe allotted for this item. Public Comment may also be submitted online at https://www.oakharbor.gov/publiccomment at least two (2) business days in advance of an advisory board meeting. 4. DISCUSSION/ACTION/PRESENTATION/REPORT ITEMS a. Marina Advisory Committee Proposed Ordinances and Bylaws Updates, presented by the City Administration Department – Discussion & Recommendation b. Marina Amenities - Introduction & Discussion 5. GENERAL MARINA UPDATE 6. MARINA ADVISORY COMMITTEE COMMENTS 7. DETERMINATION FUTURE AGENDA ITEMS 8. NEXT MEETING – December 11, 2023 9. 10. ADJOURNMENT Meetings will be recorded and published to www.youtube.com/c/CityofOakHarbor. The City of Oak Harbor is committed to providing meeting access to the widest possible audience, regardless of technology or ability. If accommodations are required, please call (360) 279-4500 at least two business days prior to the meeting. Marina Advisory Committee Meeting 11.13.2023 Master Page 2 of 39 Meetings will be recorded and published to www.youtube.com/c/CityofOakHarbor. The City of Oak Harbor is committed to providing meeting access to the widest possible audience, regardless of technology or ability. If accommodations are required, please call (360) 279-4500 at least two business days prior to the meeting. Marina Advisory Committee Meeting 11.13.2023 Master Page 3 of 39  REVIEW OF M EETING N OTES F RO M O C T O B E R 1 1 , 2023 Marina Advisory Committee Meeting 11.13.2023 Master Page 4 of 39 Marina Advisory Committee Meeting 11.13.2023 Master Page 5 of 39 Marina Advisory Committee Meeting 11.13.2023 Master Page 6 of 39 Marina Advisory Committee Meeting 11.13.2023 Master Page 7 of 39 Marina Advisory Committee Meeting 11.13.2023 Master Page 8 of 39 Marina Advisory Committee Meeting 11.13.2023 Master Page 9 of 39 Marina Advisory Committee Meeting 11.13.2023 Master Page 10 of 39 Marina Advisory Committee Meeting 11.13.2023 Master Page 11 of 39 Marina Advisory Committee Meeting 11.13.2023 Master Page 12 of 39 Marina Advisory Committee Meeting 11.13.2023 Master Page 13 of 39  M A R I N A A DV I S O RY C O M M I T T E E P RO P O S E D O R D I N A N C E S A N D B Y L AWS U P DAT E S , P R E S E N T E D B Y T H E C I T Y A D M I N I S T R AT I O N D E PA R T M E N T Discussion & Recommendation Marina Advisory Committee Meeting 11.13.2023 Master Page 14 of 39  City of Oak Harbor Oak Harbor Marina Memo To: Marina Advisory Committee From: Executive Services Administrator Sabrina Combs Executive Assistant to the City Administrator Macalle Finkle Records Management Analyst Kim Perrine CC: Harbormaster Chris Sublet Date: November 13, 2023 Re: Marina Advisory Committee Proposed Ordinances and Bylaws Updates Background The City of Oak Harbor has both internal and external boards, commissions, and committees. These are referred to as advisory boards. The Marina Advisory Committee (MAC) is an external committee. Over the last year, the Administration Department has been working to provide more transparency and consistency for the advisory boards starting with providing videos of advisory board meetings for the public, consistent templates for agendas and meeting minutes, and increasing notifications of meetings with agenda details. The next step in this process is to update outdated bylaws and ordinances for the external advisory boards by drafting a Uniform Policies ordinance, and individual ordinances and bylaws for each one. Uniform Policies Ordinance Some of the changes the City Council discussed at the October 25, 2023 Workshop are: • Changes to advisory membership and residency requirements to provide more diversity. • Staggering term expiration dates so odd numbered positions expire in odd years and even numbered positions expire in even years. (For example, Position 1 expires in 2025 and Position 2 expires in 2026). Per Council recommendation, the terms were reduced from four years to two years. • Attendance policies. • Steps for addressing annual bylaws updates regarding meeting calendars, training, officer elections, and replacing members that resign from a board. To update the ordinance relating to advisory boards, staff, in working with the City's legal counsel, is recommending the repeal of Oak Harbor Municipal Code (OHMC) Chapter 2.65 – Organization of Boards, Commissions and Committees. This ordinance will be replaced with a new OHMC Chapter 2.65 titled, “Uniform Policies for Boards, Commissions, and Committees.” The new chapter includes revisions to establish a process for City boards, commissions, and committees, and review processes to ensure that the organization is efficient and nonbureaucratic. Additionally, it will assure public access to all meetings of such boards, commissions, and committees. 1 Marina Advisory Committee Meeting 11.13.2023 Master Page 15 of 39 The recommended changes to Chapter 2.65 include the following items: • Application process • Residency requirements • Membership - Appointments/Vacancies • Attendance policies • Non-voting and Non-quorum members (Student and Ex-Officio) • Staff support roles • Quorum • Terms of office • Required training • Bylaws and Rules of Procedure • Annual Work Plan Ordinances for External Advisory Boards Each advisory board has a specific ordinance. For consistency the first few sections will be like the other advisory boards, followed by specific items that align with the specific advisory board and its members. Here is a list of the specific changes for the Marina Advisory Committee: Marina Advisory Commission (MAC) – OHMC Chapter 2.39 • Name change of the advisory board from Marina Advisory Committee to Marina Advisory Commission. • Changes to membership requirements: o Council recommendation to expand membership from five to seven members. o Three (3) members shall be customers of the Oak Harbor Marina (boat owner/lessee or storage lessee). Guest moorage only shall not be included. o As per the City Council, Four (4) marina advisory board commission members shall not be customers of the marina facility; three (3) of which shall be city residents and one (1) may be a resident of the UGA. o Add an Ex-Officio member (non-voting and does not count towards a quorum). o Option for a student member is not recommended for the MAC. Bylaws for External Advisory Boards The Marina Advisory Committee bylaws have not been updated in many years. Staff addressed this by revising or drafting bylaws for the Marina Advisory Committee to meet the proposed, OHMC Chapter 2.65 titled, “Uniform Policies for Boards, Commissions, and Committees.” The new and revised bylaws provide a more consistent and standardized format. The updated bylaws include Membership - appointment, attendance, and vacancies; Officers, elections, and duties; Meetings – set annual calendar, date/time/location of meeting, special meetings, work sessions/site visits; and agendas; Quorum; Serial meeting information; Conflicts of interest; Voting; Minutes; and Video recordings; Annual report to Council; Budget, expenditures, and funding; Co-sponsorship of programs; Open Meetings and Public Records requirements/training; and Bylaws and amendments to bylaws. Next Steps ⚫ Page 2 Marina Advisory Committee Meeting 11.13.2023 Master Page 16 of 39 The goal is to present the drafted changes to the Marina Advisory Committee and receive recommendations from them for edits and/or a recommendation for moving forward with the updates. Staff will revise the documents, present them to the Council for approval of the drafted ordinances and bylaws in December. Attachments 1. Uniform Ordinances Policy 2. Marina Advisory Committee Draft Ordinance 3. Marina Advisory Committee Draft Bylaws ⚫ Page 3 Marina Advisory Committee Meeting 11.13.2023 Master Page 17 of 39  **DRAFT** ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF OAK HARBOR, WASHINGTON, REPEALING OAK HARBOR MUNICIPAL CODE CHAPTER 2.39 “MARINA ADVISORY COMMITTEE” AND CREATING A NEW CHAPTER 2.39 “MARINA ADVISORY COMMISSION” WHEREAS, Ordinance No. 1541 (December 16, 2008) codified as Chapter 2.39 OHMC created the Marina Advisory Committee; and WHEREAS, Ordinance No. 1655 (April 16, 2013) revised Section 2.39.030 OHMC related to residency requirements; and WHEREAS, it is prudent to review the bylaws, duties, processes, and procedures of all boards, commissions, and committees and provide updates to assist in their service to the City to reflect both their intent and current practices; NOW, THEREFORE, be it resolved that the CITY COUNCIL OF THE CITY OF OAK HARBOR do ordain as follows: Section One. Oak Harbor Municipal Code Chapter 2.39 “Marina Advisory Committee” is hereby repealed. Section Two. There is hereby created a new Chapter 2.39 “Marina Advisory Commission” which shall read as follows: CHAPTER 2.39 MARINA ADVISORY COMMISSION Sections: 2.39.010 Creation 2.39.020 Powers and duties 2.39.030 Membership – Appointments, attendance, vacancies, and officers 2.39.040 Meetings 2.39.050 Conflict of interest 2.39.010 Creation. There is hereby created a marina advisory commission to serve as an advisory body to the mayor and Oak Harbor city council. 2.39.020 Powers and duties. The marina advisory commission shall advise the mayor and city council concerning matters affecting the marina and make recommendations for the marina master plan and marina improvement plan as requested by the mayor. 2.39.030 Membership – Appointments, attendance, vacancies, and officers. The marina advisory commission shall follow the membership requirements in Chapter 2.65 OHMC. The following items are specific to the marina advisory commission: (1) Appointments. In appointing members and filing vacancies, the mayor and council should endeavor to obtain a diverse cross-section of Oak Harbor’s residents as members and appoint members from groups having an interest in the marina. Ordinance No. ____ repealing Ch. 2.39 OHMC ‘Marina Advisory Committee’ and creating a new Ch. 2.39 OHMC ‘Marina Advisory Commission’ Page 1 of 3 Marina Advisory Committee Meeting 11.13.2023 Master Page 18 of 39  **DRAFT** (a) Marina advisory commission members shall be appointed, and terms of office shall be as provided in Chapter 2.65 OHMC. (b) The marina advisory commission consists of five (5)seven (7) members appointed by the Commented [KP1]: Councilmember Woessner suggested mayor and confirmed by the city council. increasing the MAC membership. (i) For purposes of this provision, a “customer” shall mean a boat owner/lessee or storage lessee of the marina facility. Use of guest moorage only shall not constitute being a customer of the moorage facility. (ii) Three (3) marina advisory commission members shall be customers of the marina facility. (iii) Four (4) marina advisory commission members shall not be customers of the marina facility; three (3) of which shall be city residents and one (1) may be a resident of the UGA. (c) There shall be one (1) ex-officio councilmember appointed to the marina advisory commission. This will be a non-voting position and their attendance does not count towards a quorum. 2.39.040 Meetings. (1) Meeting schedule. In January of each year, the marina advisory commission shall establish their meeting schedule and set the time and location for each meeting. Any changes must be added to a meeting agenda and approved by a majority of marina advisory commission members. Special meetings of the commission may be called at any time by the chairperson or by a quorum of the members of the commission upon personal notice being given to all members of the commission. If personal notice cannot be given, written notice must be received by such members at least twenty-four (24) hours prior to said meeting. (2) Meeting agenda – Notice. The marina advisory commission agenda and meeting notice shall be sent to marina advisory commission members and posted as required twenty-four (24) hours prior to said meeting. (3) Quorum. A quorum for the transaction of official business shall consist of a majority of the appointed members of the commission. If a quorum is not present within fifteen (15) minutes of the meeting time, the chairperson needs to call the meeting to order, indicate there is no quorum, and close the meeting. Ex-officio members are non-voting and do not court towards a quorum. 2.39.050 Conflict of interest. Marina advisory commission members shall recuse themselves from discussing and voting on contracts in which that member or a member of that person’s immediate family has a direct or remote financial interest. The definitions of contracts, financial interests, remote interests, and direct interests are set forth in RCW 42.23.020 and .030 and commissioners are encouraged to contact the city attorney in advance of the deliberation or vote on a contract in which the commissioner may have a financial interest for a recommendation regarding how to proceed. Ordinance No. ____ repealing Ch. 2.39 OHMC ‘Marina Advisory Committee’ and creating a new Ch. 2.39 OHMC ‘Marina Advisory Commission’ Page 2 of 3 Marina Advisory Committee Meeting 11.13.2023 Master Page 19 of 39  **DRAFT** Section Three. Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid, the remainder or the Ordinance or the application of the provision to other persons or circumstances is not affected. Section Four. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication. PASSED by the City Council this day of , 2023. THE CITY OF OAK HARBOR By Robert Severns, Mayor Dated: Attest: Julie Nester, City Clerk Approved as to Form: Hillary J. Evans, City Attorney Published: R:\Boards and Commissions\BYLAWS-ORDS FOR REVIEW\WORKSHOP DOCUMENTS\Marina 2.39 Ord.docx Ordinance No. ____ repealing Ch. 2.39 OHMC ‘Marina Advisory Committee’ and creating a new Ch. 2.39 OHMC ‘Marina Advisory Commission’ Page 3 of 3 Marina Advisory Committee Meeting 11.13.2023 Master Page 20 of 39  **DRAFT** ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF OAK HARBOR, WASHINGTON, REPEALING OAK HARBOR MUNICIPAL CODE CHAPTER 2.65 TITLED “ORGANIZATION OF BOARDS, COMMISSIONS AND COMMITTEES” AND CREATING A NEW CHAPTER 2.65 TITLED “UNIFORM POLICIES FOR BOARDS, COMMISSIONS, AND COMMITTEES” WHEREAS, the City of Oak Harbor values the contributions of its residents in advising the administration on matters of interest and has tasked its Mayor with appointing members to serve on boards, commissions, and committees; and WHEREAS, the City recognizes the importance of providing consistency and transparency in the processes and conduct of these boards, commissions, and committees; and WHEREAS, the City desires to provide uniform policies for all of its boards, commissions, and committees; NOW, THEREFORE, be it resolved that the CITY COUNCIL OF THE CITY OF OAK HARBOR do ordain as follows: Section One. Oak Harbor Municipal Code Chapter 2.65 titled “Organization of Boards, Commissions and Committees” is hereby repealed. Section Two. There is hereby created a new Chapter 2.65 to the Oak Harbor Municipal Code titled “Uniform Policies for Boards, Commissions, and Committees” which shall read as follows: CHAPTER 2.65 UNIFORM POLICIES FOR BOARDS, COMMISSIONS, AND COMMITTEES Sections: 2.65.005 Purpose 2.65.010 Application 2.65.020 Residency requirements 2.65.030 Membership - Appointment 2.65.040 Membership - Vacancies 2.65.050 Attendance policies 2.65.060 Ex-officio member 2.65.070 Student member 2.65.080 Staff support 2.65.090 Quorum 2.65.100 Term of office 2.65.110 Required training 2.65.120 Bylaws and rules of procedure 2.65.130 Annual work plan 2.65.005 Purpose. The purpose of this chapter is to establish uniform policies for city boards, commissions, and committees, and to establish a process for review to ensure that the organization is Ordinance No. ____ repealing Ch. 2.65 OHMC titled “Organization of Boards, Commissions and Committees” and creating a new Ch. 2.65 OHMC titled “Uniform Policies for Boards, Commissions, and Committees” Page 1 of 6 Marina Advisory Committee Meeting 11.13.2023 Master Page 21 of 39  **DRAFT** efficient and nonbureaucratic. It is further to assure public access to all meetings of such boards, commissions, and committees. It shall also be a statement of the council that all committees are creatures of the legislative body and shall not be deemed independent or autonomous to the legislative body. (1) All committees of the city of Oak Harbor shall be created by ordinance of the city council and shall contain a statement of purpose and need. Except as may be otherwise provided by ordinance, the boards, commissions, and committees approved by council are advisory in nature and all members appointed shall serve without compensation. (2) The city’s current boards, commissions and committees are: Board, Commission, or Committee Name Oak Harbor Municipal Code Chapter Arts Commission Chapter 2.29 OHMC Civil Service Commission Chapter 2.32 OHMC Community Police Advisory Board (CAB) Chapter 2.50 OHMC Firemen’s Relief and Compensation Fund Trustees Chapter 2.28 OHMC Board Historic Preservation Commission Section 18.50.040 OHMC Investment Committee Chapter 3.02 OHMC and Resolution 14- 21 LEOFF Disability Board Chapter 2.33 OHMC Lodging Tax Advisory Committee (LTAC) Chapter 2.66 OHMC Marina Advisory Commission Chapter 2.39 OHMC Parks and Recreation Commission Chapter 2.30 OHMC Planning Commission Chapter 18.04 OHMC Salary Commission Chapter 2.02 OHMC Safety Committee Wellness Committee 2.65.010 Application. This chapter shall apply to all boards, commissions, and committees created and/or regulated by the city. (1) Every odd-numbered year, unless prohibited by state statute, the city council shall discuss and reauthorize committees of the city, as it deems appropriate. Termination of or changes in the purpose and need as contained in the original authorizing ordinance require an amending ordinance. (2) The city council may determine that a committee no longer is needed to provide advice to the council, or to provide for an operational need of the organization and in such case, the city council may choose to not reauthorize the committee. An ordinance repealing the original authorizing ordinance shall be placed on the council agenda for formal action. 2.65.020 Residency requirements. The following residency requirements shall commence January 1, 2024: Ordinance No. ____ repealing Ch. 2.65 OHMC titled “Organization of Boards, Commissions and Committees” and creating a new Ch. 2.65 OHMC titled “Uniform Policies for Boards, Commissions, and Committees” Page 2 of 6 Marina Advisory Committee Meeting 11.13.2023 Master Page 22 of 39  **DRAFT** (1) Except as may be otherwise provided in the Oak Harbor Municipal Code (OHMC) regarding a specific board, commission, or committee, the majority of all board, commission, and committee members shall reside within the city limits of Oak Harbor or city urban growth area (UGA). (2) Proof of residency. If required by ordinance, board, commission, and committee members shall provide proof of residency by providing a copy of their utility bill and/or proof of business ownership by providing a copy of their business license. (3) Current board, commission, and committee members who do not fulfill the residency requirements shall be allowed to finish their current term but will not be eligible for reappointment. (4) If a board, commission, or committee member moves out of the area, that member is no longer eligible to serve and shall notify the mayor or their designee, in writing. (5) Exceptions to residency requirements. Exceptions to residency requirements may be permitted by ordinance. 2.65.030 Membership - Appointment. The mayor and council shall seek to appoint persons who possess qualities of impartiality and broad judgment, and an ability to reconcile conflicting viewpoints. The mayor shall strive to maintain a diverse representation of community within a board, commission, or committee. All members appointed by the mayor are subject to council confirmation; provided, that council members have an opportunity to review the application of the mayor’s appointee prior to the meeting at which the council is to confirm the appointment. 2.65.040 Membership - Vacancies. Vacancies on a board, commission, or committee shall be filled in the same manner as original appointments and shall be made for the remainder of the term of the member being replaced. Interested parties will be notified of any vacancy. Application notice to fill vacancies shall Commented [KP1]: Mayor Pro Tem Hizon requested this be posted to the community. All members shall conform to the attendance requirements set forth in change. OHMC 2.65.050 and may be replaced or terminated in accordance with that section. 2.65.050 Attendance policies. (1) All board, commission, and committee members shall attend at least seventy-five percent (75%) of all regularly scheduled meetings in any calendar year. Failure to attend seventy-five percent (75%) of regularly scheduled meetings may result in removal by the mayor. For example, if the board meets once a month for twelve (12) months, members must attend nine (9) or more meetings to be in compliance with the attendance requirements. (2) Meeting chair. If the board, commission, or committee chairperson is unable to attend the meeting in person, the next senior position who is in person shall chair the meeting. (3) It is the desire of the city that members attend meetings in person. If members have to attend the meeting virtually, they must be able to hear and be heard in order for their attendance to count and to be able to vote. Ordinance No. ____ repealing Ch. 2.65 OHMC titled “Organization of Boards, Commissions and Committees” and creating a new Ch. 2.65 OHMC titled “Uniform Policies for Boards, Commissions, and Committees” Page 3 of 6 Marina Advisory Committee Meeting 11.13.2023 Master Page 23 of 39  **DRAFT** 2.65.060 Ex-officio member. Each board, commission, or committee may have at least one (1), but no more than three (3), councilmembers appointed as ex-officio member(s). The ex-officio member is to act as the primary two-way communication channel and establish and nurture a working relationship between council and board, commission, or committee for their mutual benefit. The ex-officio member is non- voting and does not count towards a quorum. Commented [KP2]: Councilmember Stucky would like to see ex-officio member on all boards, commissions, or 2.65.070 Student member. committees except LTAC. NOTE: LTAC's ex-officio member is the Finance Director per OHMC 2.66.030(1)(c). (1) Student representative authorized. Any board, commission, or committee that derives its authority from the ordinances codified in the Oak Harbor Municipal Code may appoint a high school student to participate as a nonvoting member of the board, commission, or committee. This person shall be known as a student representative. This position shall be non-voting and shall not count towards a quorum. (2) Qualifications. Student representatives must be residents of and attend school in the city of Oak Harbor. (3) Appointment process. Vacancies should be publicized on the city’s website and through outreach to local high schools when city resources allow for such publication and outreach. Each board, commission, or committee interested in appointing a student representative is authorized to prepare a short application form that is relevant to the charge of the board, commission, or committee. If more than one application is submitted, all applications shall be forwarded to the board, commission, or committee for consideration. After the applications have been considered, nominations shall be voted on by the board, commission, or committee in an open public meeting. (4) Term. Each student representative shall serve a one (1) year term that commences on September 1st of each year. Student representative attendance at the board, commission, or committee meetings during the summer shall be optional and any absences during the summer shall be excused by the board, commission, or committee. A student representative may apply for reappointment to the same position for successive terms; provided, that the board, commission, or committee shall evaluate all applicants for the student representative position and any reappointment shall be voted on in an open public meeting. A student representative may be removed for cause prior to the end of the term on a super majority vote of the full board, commission, or committee. 2.65.080 Staff support. The mayor, or their designee, shall appoint a staff liaison and staff support for each board, commission, and committee to ensure that meeting notifications and recordkeeping occurs consistent with applicable State laws; to provide professional guidance, issue analysis and recommendations; to assist the board, commission, and committee with research, report preparation, and correspondence in keeping with the board’s, commission’s, and committee’s council-approved work plan; and to perform other board, commission, and committee liaison duties as may be assigned by the mayor or designee. A staff member shall be assigned to take minutes. 2.65.090 Quorum. A quorum for the transaction of official business shall consist of a majority of the appointed members of the board, commission, or committee. If a quorum is not present within fifteen (15) minutes of the meeting time, the Chairperson needs to call the meeting to order, indicate there is no Ordinance No. ____ repealing Ch. 2.65 OHMC titled “Organization of Boards, Commissions and Committees” and creating a new Ch. 2.65 OHMC titled “Uniform Policies for Boards, Commissions, and Committees” Page 4 of 6 Marina Advisory Committee Meeting 11.13.2023 Master Page 24 of 39  **DRAFT** quorum, and close the meeting. Ex-officio members and student representatives are non-voting and do not count towards a quorum. 2.65.100 Term of Office. (1) The term of office for board, commission, and committee positions shall be two (2) years. Commented [KP3]: Councilmember Stucky questioned the term length. Should this be changed to two (2)? (2) Expiration of terms. Even numbered positions expire December 31, 2026 and odd numbered positions expire December 31, 2025. All subsequent appointments for all positions except for vacancies shall be for a two (2) year period. (3) Terms shall be limited to three (3) full terms on any one board, commission, or committee. Partial terms will not be counted toward the number of terms considered. Community members or residents who have reached the term limit on any one board, commission, or committee remain eligible to apply and serve on a different board, commission, or committee. Upon a motion properly made and seconded, the city council may waive a term limit restriction upon a vote of a majority of the city council. 2.65.110 Required training. Every board, commission, or committee member shall complete any and all trainings assigned per the mayor or designee. 2.65.120 Bylaws and rules of procedure. The city council shall establish bylaws and rules of procedure for boards, commissions, and committees. Boards, commissions, and committees shall review their bylaws and rules of procedure annually and submit any recommended changes to the mayor and city council. 2.65.130 Annual work plan. Each board, commission, and committee shall present an annual work plan to the city council for approval in a format and within parameters determined by the city council. Section Three. Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid, the remainder or the Ordinance or the application of the provision to other persons or circumstances is not affected. Section Four. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication. PASSED by the City Council this _______ day of ___________________, 2023. THE CITY OF OAK HARBOR By Robert Severns, Mayor Dated: Ordinance No. ____ repealing Ch. 2.65 OHMC titled “Organization of Boards, Commissions and Committees” and creating a new Ch. 2.65 OHMC titled “Uniform Policies for Boards, Commissions, and Committees” Page 5 of 6 Marina Advisory Committee Meeting 11.13.2023 Master Page 25 of 39  **DRAFT** Attest: Julie Nester, City Clerk Approved as to Form: Hillary J. Evans, City Attorney Published: R:\Boards and Commissions\BYLAWS-ORDS FOR REVIEW\B-C Uniform Policies 2.65 Ord.docx Ordinance No. ____ repealing Ch. 2.65 OHMC titled “Organization of Boards, Commissions and Committees” and creating a new Ch. 2.65 OHMC titled “Uniform Policies for Boards, Commissions, and Committees” Page 6 of 6 Marina Advisory Committee Meeting 11.13.2023 Master Page 26 of 39 MARINA AMENITIES Introduction $ Discussion Marina Advisory Committee Meeting 11.13.2023 Master Page 27 of 39  City of Oak Harbor Oak Harbor Marina Memo To: Marina Advisory Committee From: Chris Sublet, Harbormaster CC: Date: November 13, 2023 Re: Marina Amenities Over the course of the past several meetings, there has been a lot of discussion centering around amenities that the Oak Harbor Marina has to offer and amenities that may be offered. Based on these conversations staff thought that it may be a good time to discuss the marina amenities and those that may be offered. To have a productive discussion about amenities, the discussion should be focused on amenities that can be modified or added within a reasonable budgetary and/or labor expectation. It may make sense to create a list a of new amenities that is divided into near-term, medium-term, and long-term projects. The following table is a listing of many of the current amenities at the marina (they are not listed in any particular order). • Wifi • Security cameras • Online reservations • Loaner bikes • Laundry facilities • Dock carts • Loaner life jackets • Free showers • Garbage & recycling • Oil, Antifreeze, Bilge • Water at every slip • Propane Water and oily rags and filter recycling • Ice • Full-service fuel dock • Pumpout at the fuel dock • Picnic tables on F dock • Free barbeques • Pumpout cart • Free EZ ups • Doggie area on F dock • Restroom on F dock • Park & playground • Bocci ball courts w/ free • Fire pit stocked w/ loaner gear firewood • Fisheries Supply • OHYC • Launch ramp ordering and delivery • Swag bags for groups • Dock security gates • Marina Hosts available after hours 1 Marina Advisory Committee Meeting 11.13.2023 Master Page 28 of 39 Staff is interested in the Marina Advisory Committee’s comments regarding current amenities and amenities that they feel may be added to the marina. Please contact Chris Sublet at 360.279.4576 if you have any questions. ⚫ Page 2 Marina Advisory Committee Meeting 11.13.2023 Master Page 29 of 39 G E N E R A L M A R I N A U P DAT E Discussion Marina Advisory Committee Meeting 11.13.2023 Master Page 30 of 39  City Administrator's Report November 2023 Marina Reporting Period October 1 - October 31, 2023 Slip Occupancy Slip Size Total Slips Total Occupied Total Vacant Percent Occupied # of people on 1st person Wait list waiting since 24' Open 64 62 2 97% 6 5.18.2023 24' Covered 44 44 0 100% 5 10.4.2023 28' Covered 28 24 4 86% 0 0 28' Open 78 37 41 47% 0 0 32' Covered 32 25 7 78% 0 0 32' Open 32 32 0 100% 5 1.23.2023 36' Covered 13 13 0 100% 6 5.24.2023 36' Open 7 7 0 100% 9 6.2.2022 40' C Dock 21 21 0 100% 27 4.23.2022 40' F dock 52 46 6 88% 50' Covered 5 5 0 100% 12 2.15.2022 50' Open 2 1 1 50% 17 7.27.2021 S Dock 7 6 1 86% Sideties (50'-70') 24 24 0 100% 7 4.30.2019 Totals 409 347 62 85% 87% Sep-23 Total Slips Total Total Vacant Percent Occupied Totals 409 353 56 86% Oct-22 Total Slips Total Total Vacant Percent Occupied Totals 421 374 47 89% Storage Occupancy Total spaces Total Total Vacant Percent Occupied # of people on 1st person Wait list waiting since Storage units 94 93 1 99% 1 10.23.2023 Parking Storage 90 85 5 94% 0 0 Summary *There are 6 more vacante slips in October 2023 than in September 2023. *The overall occupancy of the marina 85% was * -1.5% Compared to Sep-23 * -4% loss Compared to Oct-22 *The average percentage of occupancy on each slip was 87% * -1.5% Compared to Sep-23 * -4% loss compared to Oct-22 Marina Monthly Revenue SLS Moorage $62,692.66 Storage Unit $2,212.96 Fence line Storage$1,720.53 Guest Moorage $10,927.31 Ramp $452.00 Gasoline $12,513.74 (2445.907 Gallons) Diesel $29,804.34 (7101.313 Gallons) Total $120,323.54 Marina Advisory Committee Meeting 11.13.2023 Master Page 31 of 39 M A R I N A A DV I S O RY C O M M I T T E E C OMMENTS Discussion Marina Advisory Committee Meeting 11.13.2023 Master Page 32 of 39 D E T E R M I N AT I O N F U T U R E AG E N DA ITEMS Discussion Marina Advisory Committee Meeting 11.13.2023 Master Page 33 of 39 NEXT MEETING— D ECEMBER 1 1 , 2023 Adjourn Marina Advisory Committee Meeting 11.13.2023 Master Page 34 of 39  **DRAFT** City of Oak Harbor Marina Advisory Commission Bylaws and Rules of Procedure City of Oak Harbor Ordinance No. 1541 approved December 16, 2008, and codified as Chapter 2.39 OHMC, created the marina advisory committee. 1. Name. The official name shall be “marina advisory commission”. The marina advisory commission shall report directly to the mayor or his/her designee. 2. Purpose. The marina advisory commission is charged with the following functions: a. Advise the mayor and city council concerning matters affecting the marina. b. Make recommendations for the marina master plan and marina improvement plan as requested by the mayor. 3. Membership – Appointment, attendance, and vacancies. a. Appointment. i. Marina advisory commission members shall be appointed, and terms of office shall be as provided in Chapter 2.65 OHMC. ii. The marina advisory commission consists of five (5)seven (7) members appointed by the mayor and confirmed by the city council. A. For purposes of this provision, a “customer” shall mean a boat owner/lessee or storage lessee of the marina facility. Use of guest moorage only shall not constitute being a customer of the moorage facility. B. Three (3) marina advisory boardcommission members shall be customers of the marina facility. C. Two (2)Four (4) marina advisory boardcommission members shall not be customers of the marina facility; three (3) of which shall be city residents and one (1) may be a resident of the UGA. iii. There shall be one (1) ex-officio councilmember appointed to the marina advisory commission. iv. The mayor, or designee, shall appoint a primary staff liaison, staff support, and a recording secretary to this commission. b. Attendance. i. Attendance at all meetings is expected of all marina advisory commission members. Any member anticipating an absence from a meeting shall notify the 1 Marina Advisory Committee Meeting 11.13.2023 Master Page 35 of 39  **DRAFT** chairperson, staff liaison and commission secretary at least two (2) business days prior to the meeting. ii. The marina advisory commission shall comply with attendance policies per Chapter 2.65 OHMC. iii. It is the desire of the city that members attend meetings in person. If members have to attend the meeting virtually, they must be able to hear and be heard in order for their attendance to count and to be able to vote. iv. If a member misses twenty-five percent (25%) of the meetings, the mayor will send written notification confirming member still plans to participate as a member of the commission. v. If a member chooses to resign during their current term, they need to send a letter to the mayor’s office indicating that they will be resigning from the advisory board and the effective date of the resignation. c. Vacancies. The marina advisory commission shall comply with membership vacancy requirements per Chapter 2.65 OHMC. 4. Officers, elections, and duties. At the first regular meeting in January of each year, the marina advisory commission members shall elect from the entire marina advisory commission a chairperson and a vice-chairperson who shall hold office for one (1) year. It is the desire the of city to rotate these positions/duties. Duties of each officer are described as follows: a. Chairperson. The chairperson shall: i. run the meeting; ii. be a spokesperson for the marina advisory commission; iii. ask for volunteers or may appoint people to lead sub-committees; and iv. perform other duties as assigned by the commission. b. Vice-chairperson. The vice-chairperson shall: i. run the meeting in the absence of the chairperson; ii. perform the duties of the chairperson in their absence; and iii. perform other duties as assigned by the marina advisory commission. 5. Meetings. In January of each year, the Oak Harbor marina advisory commission shall establish their meeting schedule and set the time and location for each meeting. Any changes must be added to the meeting agenda and approved by a majority of marina advisory commission members. a. Date, time, and location. The marina advisory commission shall meet regularly on the second Monday of each month at 3:00 p.m., at Oak Harbor City Hall, 865 SE Barrington Drive, Oak Harbor, Washington 98277, unless otherwise directed by the chairperson. The time, date, and location of a regular meeting may be changed by motion approved at a prior meeting. 2 Marina Advisory Committee Meeting 11.13.2023 Master Page 36 of 39  **DRAFT** b. Special meetings. Special meetings of the marina advisory commission may be called at any time by the chairperson or by a quorum of the members of the marina advisory commission upon personal notice being given to all members of the marina advisory commission. c. Work session and site visits. Advisory boards may meet informally in a work session or site visit (open to the public) to do concentrated planning, receive progress reports on current programs or projects, or receive other similar information from city staff, provided that all discussions and conclusions thereon shall be informal. An advisory board shall make no disposition of any item at a work session meeting or site visit. Public comment is not taken at a work session meeting or site visit unless participation is requested by the advisory board. d. Open to the public. All meetings shall be open to the public and all persons shall be permitted to attend any meeting. Meetings shall be conducted in accordance with Chapter 42.30 RCW and Robert’s Rules of Order (Newly Revised). e. Regular meeting agenda. The agenda meets the requirements of Chapter 42.30 RCW – Open Public Meetings Act (OPMA). The marina advisory commission shall provide reasonable notice of meetings to any individual specifically requesting such in writing. No other notice to the media is required. An agenda for each public meeting shall be prepared by the staff support person and shall be forwarded to each marina advisory commission member with a reminder of the next regular meeting. The agenda shall be posted on the city website and bulletin boards at city hall. i. Additional agenda items may be proposed by any member of the marina advisory commission when submitted at least two (2) weeks prior to the regular monthly meeting to the chairperson, staff liaison, and commission secretary. Additional agenda items may be proposed by any member of the marina advisory commission when submitted to the chairperson, staff liaison, and commission secretary at least two (2) weeks prior to the regular monthly meeting. The staff liaison has the discretion to decline adding the proposed agenda item to an upcoming marina advisory commission meeting and shall provide the proponent of the proposed agenda item a brief explanation for declining to schedule the item. Should the staff liaison place the proposed agenda item on an upcoming marina advisory commission agenda, the marina advisory commission may decline to discuss the newly added agenda item by a vote of a majority of the members present. ii. A typical agenda may consist of: • Call to Order/Roll Call • Approval of Agenda • Approval of Minutes • Public Comment • Discussion/Action/Presentation/Report Items • Member Comments • Determination of Future Agenda Items • Adjournment 3 Marina Advisory Committee Meeting 11.13.2023 Master Page 37 of 39  **DRAFT** f. Quorum. A quorum for the transaction of official business shall consist of a majority of the appointed members of the commission. If a quorum is not present within fifteen (15) minutes of the meeting time, the chairperson needs to call the meeting to order, indicate there is no quorum, and close the meeting. Ex-officio members are non-voting and do not count towards the quorum. g. Serial meetings. A serial meeting occurs when a majority of the marina advisory commission members have a series of small gatherings or communications that results in a majority of the commission collectively taking action even if a majority is never part of any one communication. Such a meeting violates the OPMA because it amounts to taking “action” – as defined in RCW 42.30.020(3) – outside an open meeting. Serial meetings can occur with or without technology, but the range of communication options available nowadays to members of the commission increases the risk. This is why members should not “reply all” on emails. h. Conflict of interest. Marina advisory commission members shall recuse themselves from discussing and voting on contracts in which that member or a member of that person’s immediate family has a direct or remote financial interest. The definitions of contracts, financial interests, remote interests, and direct interests are set forth in RCW 42.23.020 and .030 and commissioners are encouraged to contact the city attorney in advance of the deliberation or vote on a contract in which the commissioner may have a financial interest for a recommendation regarding how to proceed. i. Voting. Decisions requiring a vote of the marina advisory commission shall be made by an affirmative vote of a majority of the members present. Commissioners who have a conflict of interest with a motion should abstain from voting on that motion. j. Meeting minutes. A staff member shall be appointed to take meeting minutes. Meeting minutes shall consist primarily of a record of action taken and shall be framed generally in accordance with Robert’s Rules of Order (Newly Revised). Minutes of each meeting shall be subject to approval by the marina advisory commission. k. Video recording. The city’s practice is to record meetings. A staff person shall be assigned the responsibility of recording the meeting and providing the video to the appropriate staff to be published on the city communication channels. If meeting is booked in the council chambers, it is the responsibility of the staff liaison to book the videographer to manage the recording and post it to appropriate communication channels. 6. Annual report to council. The marina advisory commission shall provide an annual written report to the mayor each year that describes the activities of the marina advisory commission during the current calendar year. 7. Budget, expenditures, and funding. a. The marina advisory commission shall not incur any indebtedness on behalf of the city without express approval of the mayor and city council. b. Funding shall consist of monies as provided by the city, donations, grants, fundraisers, special events and fees. 4 Marina Advisory Committee Meeting 11.13.2023 Master Page 38 of 39  **DRAFT** c. Coordinate with the Finance Department for procedures regarding monetary gifts or donations. 8. Co-sponsorship of programs. All requests from community organizations for marina advisory commission assistance or sponsorship shall be in written form to the staff liaison. 9. Communication subject to the Open Public Meetings Act (OPMA)/Public Records Act (PRA). All communications by marina advisory commission members on behalf of the city of Oak Harbor are subject to the OPMA and PRA. This includes, but is not limited to, text messages, emails, paper documents, social media posts, and voicemails. Members shall not use social media channels for conducting city business. 10. Annual training required. The marina advisory commission should add required training to their January agenda to complete required training as a group. Otherwise, within ninety (90) days of initial appointment and every four (4) years thereafter, marina advisory commission members shall be required to complete required training assigned by the mayor, or designee, including, but not limited to, the following training and provide their Certificate of Training to the marina advisory commission secretary: a. Public Records Act (PRA) training (RCW 42.56). Online training: WA State Attorney General’s Office PRA training video. b. Open Public Meetings Act (OPMA) training (RCW 42.30). Online training: WA State Attorney General’s Office OPMA training video. 11. Bylaws and amendment of bylaws. a. The foregoing bylaws are intended to govern the conduct of the affairs of the marina advisory commission and to prescribe the conduct of its officers. b. These bylaws may be amended by a resolution passed by an affirmative vote of a majority of the members of the marina advisory commission. c. Amendments to these bylaws are subject to review and approval by the city attorney. d. All bylaw amendments shall be submitted for consideration at a regular marina advisory commission meeting but shall not be voted upon until the following month’s meeting. d. Amendments to the bylaws shall not take effect until the meeting following their approval. R:\Boards and Commissions\BYLAWS-ORDS FOR REVIEW\Marina Bylaws.docx 5 Marina Advisory Committee Meeting 11.13.2023 Master Page 39 of 39