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HomeMy WebLinkAboutBID Minutes 6-20 Downtown Business Improvement District Board Meeting Minutes June 17, 2020 Attending: Jolee Barry, Mike Basile, Eric Bowman, Ileana Indreland, Erik Nelson, Susan Neubauer, Emily Cope, Chris Naumann, I-Ho Pomeroy Absent: Eric Sutherland Public Comments: None Minutes ACTION: Erik Nelson moved to approve the May Meeting minutes as presented. Eric Bowman seconded the motion. All voted in favor. Finance Report Emily presented the June finance report and stated that the maintenance supplies will be reclassed to other program expenses before the end of the year finance report. District Manager’s Report Downtown Plan Project Here are some updates regarding other projects proposed in the 2019 Downtown Plan. Bozeman Creek—the Downtown Partnership is working with Mountain Time Arts to identify opportunities to enhance and improve Bozeman Creek. Their initial work is being partially funded with a Downtown URD Technical Assistance Grant. MTA has created a project website that will be updated as more work is completed: https://mountaintimearts.org/see-bozeman-creek MTA and Intrinsik Architecture will be completing the creek grant work in July 2020. Soroptomist Park—the Downtown Partnership is working with the MSU CATS program to have a fall semester senior-level landscape design class work on improvement concepts for Soroptomist Park. DBP staff is finalizing the Service-Learning Studio Project Proposal. Alley Improvements—using funds allocated in the FY2020 URD budget, the Downtown Partnership is finalizing a scope of work with DHM Landscape Architects to refine the alley improvement concepts they developed in 2018. The next round of design work will create a template for specific improvements and provide initial cost estimates for construction. DHM has recently held three stakeholder meetings: property and business owners; City and utility officials; and artist community. Transportation & Mobility Analysis—the URD board is working through a fourth round of edits to the Scope of Work. Structured Parking Planning—major impediments have been discovered with the two preferred sites for a second garage. Therefore, DBP staff is looking at other sites and reconsidering different types of structured parking. North Black Pocket Park Construction of the North Black Pocket Park in southwest corner of Black Lot public parking lot is making significant progress. The project includes three elements: new pocket park; relocated Black Lot egress; and new streetscape including sidewalk, streetlamps, and trees. The landscaping and irrigation work is currently scheduled to be performed by AV Construction from May 15th through June 15th. AV began installing landscaping elements but has been delayed by a malfunctioning City water shutoff valve. MDT Rouse Project Negotiations continue with Montana Department of Transportation to have downtown streetlamps installed along Rouse Avenue between Main and East Lamme Streets this summer when MDT completes the Rouse reconstruction project. MDT’s general contractor, Missouri River Construction (MRC), has agreed to contract with the URD directly for the installation of the streetlamps and related electric infrastructure. TD&H has completed the final engineering. We are waiting for construction bids from MRC. We are also working with MDT on the streetscape maintenance agreement. The Lamme to Main Street portion of the project is contracted to start June 15th and be completed by August 15th. Despite 18 months of discussions, MDT has not signed off on the installation of downtown streetlamps. City Parking Policy Discussion—DELAYED The City Commission and Parking Commission are planning to hold a joint work session in April during a regularly scheduled City Commission meeting. The work session will include a progress report on the 2019 Downtown Strategic Parking Management Plan and discussions about the remaining strategies. This work session as been delayed due to COVID-19 and will be rescheduled. Downtown Plan UDC Recommendations—DELAYED The following UDC revisions recommended in the 2019 DBIP will be considered for implementation in April by the City Commission. 1) Allow small "bonus" business signage to help activate the alleys (#16 in the DIP Appendix) 2) Expand allowable ground floor uses Downtown. This will once again allow things like offices on Mendenhall ex: Fico and Opportunity Bank at 5 West Building. (#2 in the DIP Appendix; note that #9 was also related to this but was already fixed in a previous round of edits.) 3) Allow specific site considerations to come into play when determining the "street vision triangle." (#7 in the DIP Appendix) Maintenance Program Update We are fully staffed for the summer season. Currently we have one part-time general maintenance employee (Mike), one weekend general maintenance employee and one part-time garage maintenance employee (Trish). We have a 5-day flower watering employee (Hannah) and a 2-day watering employee (Avery). Flower baskets were hung on June 12th. Below are the maintenance statistics comparing the year-to-date figures from this year (FY20) to the corresponding stats from last year (FY19). FY2019 Y-T-D FY2020 Y-T-D Total Avg/mnth Total Avg/mnth Difference Trash Emptied 1465 209 2032 185 +567 Recycling Emptied 326 47 484 44 +158 Graffiti Removed 116 17 442 33 +326 Building Projects Armory Hotel construction resumed following the City Commission appeals ruling on April 6th. Osborne Building (233 East Main) 4-story mixed use building with 2 floors of restaurant use and 2 floors of offices. Construction began October 2018. See https://www.theosbornebozeman.com/ “OSM” Building 5 story mixed use building proposed on southwest corner of Babcock and Wallace—construction began Spring 2019. One 11 Lofts (corner of North Willson and West Lamme) 50-unit apartment building with 53 parking spaces. Construction began spring 2019. Merin Condos (on North Bozeman across from Dave’s Sushi) 28 units of owner-occupied housing. Under construction. Village Downtown 30 new residential condo units and 9 single-family lots are under review by the City. Veranda Apartments (111 South Church) proposed new construction of 6 units. AC Hotel (5 East Mendenhall) 6 story 140 room full-service hotel. Site Plan approved in November 2019. Under construction. East End Flats (240 East Mendenhall) 6-story mixed use project. Development review completed and final site plan approved. Strata Building (106 East Babcock)—former BSW Bank—3 floor (46,000 SF) office building. Construction projected to be complete 4th quarter 2020. Carin Townhomes (northwest corner of W Beall & N Grand)—5 townhome condos currently under construction. New Businesses • Athleta—2 East Main—former Miller’s Jewelry location—tenant improvements underway • Teton Gravity Research—9 East Main—formerly Sassy Sisters—opening this summer • Tanoshii—113 East Main—formerly Corx—renovations underway • Blackbird Kitchen—140 East Main—formerly C. Moose—expansion to open summer 2020 • Genuine Ice Cream—407 West Main—opening very soon • Revelry—24 North Tracy—formerly Starky’s (and Barley & Vine)—opening in June • TBD—23 West Main—formerly Stix • TBD—27 East Main—formerly Crossroads—to be redeveloped as a restaurant(s). • TBD—132 East Main—Dari Rasa is going out of business • TBD—137 East Babcock—formerly Gallatin Laundry • TBD—303 East Main—formerly Fire Pizza • TBD—424 East Main—Yellowstone Wild Gallery is going out of business • TBD—544 East Main—formerly Heeb’s • TBD—33 South Willson—formerly Delicious Bakery • TBD—19 South Willson—formerly Barely & Vine Planning Updates In this section, I will provide update about several ongoing City planning processes. • Community Plan (City Growth Policy) Update Consultants: Logan Simpson (Ft. Collins) Update: The Planning Board has decided to spend more time revising the draft plan so the February 10th City Commission presentation will be rescheduled to a later date. https://www.bozeman.net/city-projects/bozeman-community-plan-update • Community Housing Action Plan Consultants: Navigate, LLC Workforce Housing Solutions Update: The City Commission completed their review of the Community Housing Action Plan on Monday January 13, 2020. Initial UDC edits will be considered in October 2020. https://www.bozeman.net/city-projects/community-housing-action-plan https://www.bozeman.net/city-projects/community-housing-needs-assessment • FEMA Floodplain Map The refined 100-year floodplain areas become effective for regulatory purposes on June 22, 2020. On this date the City’s floodplain regulations, as well as the flood insurance mandate under federal law, will apply to “Special Flood Hazard Areas” (SFHAs). See memo dated 6-16-20. Discussion and Decision Items BID Renewal Update Emily provided an update that staff secured over 60% (signed petitions, by square footage) by the June 12th deadline. Petitions were turned in with the City Clerk and a timeline would be finalized for the City Commission agendas. FY2021 Budget Emily presented the FY2021 draft budget with the revisions from the last board meeting. Eric Bowman asked if the increase in the maintenance budget would be enough to cover services. Jolee Barry commented that the board needs to continue to advocate to extend the streetscape down the side streets. She asked if the board could assist with starting an SID for the side street streetscape. Mike Basile expressed interest in this as well and suggested that he and Jolee begin discussions with other property owners to gauge interested and asked staff to do research on starting an SID. Chris added that the preliminary engineering work has been done by TD&H for streetscape for the downtown core. Erik Nelson asked if the assessment amount of $175,000 was too high of an amount for the budget and what the increase was going towards. Chris reminded the board with the creation of the 2010-2020 BID, the board set the assessment amount for each year for the at the beginning of the ten-year district life. The board discussed how they came up with the assessment rate of not-to-exceed $0.03 per dollar of taxable value, with this cap there is a level of certainty for property owners of what to expect going into the new district term. The FY21 rate is about $0.0262 per taxable dollar value. The majority of the increase is going towards increased maintenance costs and piloting a new program. ACTION: Mike Basile moved to approve the FY2021 Budget as presented. Ileana Indreland seconded the motion. All voted in favor. Resolution to Create New BID Chris presented the Resolution DBID2020-01 stated the following assessment limitation measure: The FY2021 assessment shall be $175,000. The annual assessment rate shall not exceed $0.03 per dollar of taxable value for the ten-year district life. ACTION: Ileana Indreland moved to approve the Resolution DBID2020-01. Erik Nelson seconded the motion. All voted in favor. Bylaw Review Emily presented a draft of bylaw revisions to the board with suggested edits (draft copy attached below). This item will be on the next board meeting’s agenda as an action item. Meeting was adjourned at 1:30 pm June 2020 Finance Report APPROVED Y-T-D FY2020 FY2020Income BID Assessment 126,000 126,000 Contract Income 17,000 17,000 Interest Income 100 258 Mobile Vending Fees 1,750 300 Flower Sponsorships 9,000 5,800 Christmas Light Sponsorships 4,500 4,200 Streetlamp Banners 10,000 9,800 Other Income - 984 Total Income 168,350$ 164,342$ Expenses Management Fee 79,560 79,560 Total Expenses 79,560$ 79,560$ Payroll Expenses Maintenance Staff 25,000 29,175$ Additional maintenance/cleaning services Taxes 2,200 2,514$ Work Comp 1,500 1,086$ Maintenance Staff--Garage 10,000 10,586$ Additional maintenance/cleaning services Taxes 750 609$ Work Comp 750 368$ Total Payroll Expenses 40,200$ 44,338$ Programs Christmas Lights 2,000 1,417 Christmas Light Spider Repair 1,500 47 Christmas Lights Storage 1,000 969 New Banners 3,000 3,025 Flower Expenses 22,000 21,126 Flower Water 150 94 Tree Purchases 1,500 288 Marketing 2,500 2,500 Maintenance Supplies 2,000 3,924 Garbage Bags 1,750 816 Miscellaneous Services - 600 Dayspring Restoration clean upGraffiti Supplies 750 923 Graffiti Contracted Removal 3,000 1,070 Mule Service & Fuel 1,000 1,670 Truck Service & Fuel 2,000 1,462 Truck-Mule Insurance 3,250 3,255 Total Program Expenses 47,400$ 43,186$ Total BID Expenses 167,160$ 167,084$ NET ASSESSMENT INCOME 1,190$ (2,742)$ Checking Account Balance 58,591$ Certificate of Deposit Balance 52,184$ Total Cash On Hand Total 110,775$ Board Approved Project Expenses BID Renewal Process 2,500 1,772 BID Garage Storage Fence 2,040 2,040 Downtown Plan Implementation 15,000 - Total Project Expenses 15,000$ 3,812$ PPE & N95 masks purchased for staff, expenses in these categories will be reclassed before end of year finance t June 16, 2020 TO: BID Board URD Board FR: Chris Naumann RE: Downtown Floodplain Update UPDATE The refined 100-year floodplain areas become effective for regulatory purposes on June 22, 2020. On this date the City’s floodplain regulations, as well as the flood insurance mandate under federal law, will apply to “Special Flood Hazard Areas” (SFHAs) which includes the “Floodway” [horizontal striped area] and the “100-yr Floodplain” [orange area] shown below. INSURANCE Flood insurance is mandated under federal law for any building with a federally backed mortgage located in the Special Flood Hazard Area (SFHA; orange and striped areas). The banks holding mortgages in these areas will be the primary party requiring compliance. The Montana DNRC has resources to help mortgaged owners obtain the required coverage. DEVELOPMENT State and City floodplain regulations have significant implications and prohibitions for properties and buildings within the SFHA (orange and striped areas). The 100-year Floodplain (orange) requires City Floodplain permit for any development. More specifically, new residential construction requires ground floor to be 2 feet higher than flood level. New commercial construction must include flood proofing measures for mechanical system and other aspects. Substantial Improvements (equating greater than 50% value of structure) to existing buildings must meet the same standards as new construction. The Floodway designation (striped) prohibits almost all types of new construction. Substantial improvements of existing buildings in the Floodway require the same flood proofing as those required in the 100-year Floodplain (described above). RESOURCES • City of Bozeman Floodplain information webpage https://www.bozeman.net/government/engineering/floodplain • City of Bozeman GIS Floodplain map link https://gisweb.bozeman.net/Html5Viewer/?viewer=floodplain • DNRC Floodplain website link http://dnrc.mt.gov/divisions/water/operations/floodplain-management New Downtown Floodplain Map Downtown BID FY2021 Draft Budget APPROVED PROPOSED FY2020 FY2021Income BID Assessment 126,000 175,000$ BID Assessment--residual - - Contract Income 17,000 17,000$ Interest Income 100 100$ Mobile Vending Fees 1,750 2,000$ Flower Sponsorships 9,000 8,000$ Christmas Light Sponsorships 4,500 4,000$ Streetlamp Banners 10,000 9,000$ Total Income 168,350$ 215,100$ Expenses Management Fee 79,560 Partnership Administration 35,000$ District Manager 21,000$ Total Expenses 79,560$ 56,000$ Payroll Expenses Maintenance Staff 25,000 37,500$ Taxes 2,200 3,300$ Work Comp 1,500 2,250$ Maintenance Staff--Garage 10,000 10,000$ Taxes 750 750$ Work Comp 750 750$ Total Payroll Expenses 40,200$ 54,550$ Programs t Sidewalk Cleaning and Alley Snow Removal 20,000$ wntown Bozeman Association (DBA) Support 25,000$ Christmas Lights 2,000 2,000$ Christmas Light Spider Repair 1,500 1,500$ Christmas Lights Storage 1,000 1,000$ New Banners 3,000 3,000$ Flower Expenses 22,000 24,000$ Flower Water 150 200$ Tree Purchases 1,500 2,000$ Marketing 2,500 2,500$ Maintenance Supplies 2,000 3,000$ Garbage Bags 1,750 2,625$ Graffiti Supplies 750 1,125$ Graffiti Contracted Removal 3,000 4,500$ Mule Service & Fuel 1,000 1,500$ Truck Service & Fuel 2,000 2,100$ Vehicle Insurance 3,250 3,250$ Program Contingency 1,000$ Total Program Expenses 47,400$ 100,300$ Total BID Expenses 167,160$ 210,850$ NET ASSESSMENT INCOME 1,190$ 4,250$ Board Approved Project Expenses Downtown Plan Implementation OR COVID-19 Economic Recovery 15,000 Total Project Expenses 15,000$ -$ 95,000$ Estimated Year End Cash-on-Hand 81,190$ Approximate Year Begin Cash-on-Hand DOWNTOWN BUSINESS IMPROVEMENT DISTRICT RESOLUTION DBID2020-01 A RESOLUTION OF THE DOWNTOWN BUSINESS IIMPROVEMENT DISTRICT OF THE CITY OF BOZEMAN, MONTANA, TO REGULATE THE FUTURE GROWTH OF THE BID PROPERTY OWNER ASSESSMENT AND REQUEST THE CITY COMMISSION OF THE CITY OF BOZEMAN TO INCLUDE THIS AS A PROVISION IN THE ORDINANCE CREATING THE FUTURE DOWNTOWN BUSINESS IMPROVEMENT DISTRICT. WHEREAS, Sect. 7-12-1102, MCA, authorizes the creation of business improvement districts; and WHEREAS, at the October 16, 2019 board meeting of the Downtown Business Improvement District, the board directed the staff to re-establish the business improvement district pursuant to Sect. 7-12-1111, MCA; NOW, THEREFORE, BE IT RESOLVED that the Downtown Business Improvement District Board, agree to regulate the future growth of the BID property owner assessment by implementing the following assessment limitation measure: The FY2021 assessment shall be $175,000. The annual assessment rate shall not exceed $0.03 per dollar of taxable value for the ten-year district life. NOW, THEREFORE, BE IT RESOLVED that the Downtown Business Improvement District Board, recommend the City Commission of the City of Bozeman, Montana, to explicitly include the following assessment limitation language as a provision in the ordinance to create the future business improvement district: The FY2021 assessment shall be $175,000. The annual assessment rate shall not exceed $0.03 per dollar of taxable value for the ten-year district life. PASSED and adopted by the Downtown Business Improvement District Board of the City of Bozeman, Montana, on first reading at the board meeting held on the 17th day of June, 2020. Eric Bowman, Chairperson ATTEST: Downtown Business Improvement District Emily Cope, District Manager Downtown Bozeman Partnership Downtown Bozeman Business Improvement District BYLAWS Amended and Adopted by a unanimous vote of the Downtown BID Board on September 19, 2007 Amended and Adopted by a unanimous vote of the Downtown BID Board on March 10, 2010 Amended and Adopted by a unanimous vote of the Downtown BID Board on March 19, 2014 ARTICLE 1 APPLICABILITY A. These rules shall govern the conduct of all City of Bozeman boards, commissions, agencies, and committees (hereinafter “boards”) where a majority of members are appointed by the City Commission and shall supplement other governing rules of the board. B. These rules are supplementary to the provision of Title 7, Chapter. 1, Part 41, MCA, Title 7, Chapter. 5, Parts 41 and 42, MCA, and Title 2, Chapters. 2 and 3, MCA as they relate to procedures for conducting meets and public hearings before City boards. ARTICLE II CREATION The Downtown Bozeman Business Improvement District, hereinafter referred to as the “BID”, was created May 1, 2000 by Bozeman City Commission Resolution No. 3361 and City of Bozeman Ordinance No. 1517 as passed, adopted and approved by the City Commission on May, 15 2000. The BID was created June 21, 2010 by Bozeman City Commission Resolution No. 4263 and City of Bozeman Ordinance No. 1790 as passed, adopted and approved by the City Commission on July 12, 2010. ARTICLE III OBJECTIVES The BID will serve a public use, and promote the health, safety, prosperity, security and general welfare of the downtown district. The purpose of the BID is to improve the retail marketing in the district, promote the private investment and business expansion of the district, the general management of the district, and other such functions as are authorized by, and necessary to carry out the purposes of Section 7-12-1102 Montana Code Annotated. ARTICLE IV MISSION STATEMENT The BID is an organization of downtown property owners who through thoughtful, pro-active collaboration and partnership with local government, business owners, residents and citizens strive to create a shared vision and voice for the community of downtown Bozeman. The BID will commit resources, identify, plan and act on short-term and long-term initiatives otherwise unavailable to individual owners. The BID has a goal of ensuring the long-term preservation and vitality of the city’s underlying economic, cultural, social and environmental assets and the BID will work together to keep our downtown a safe, beautiful and vibrant place [as adopted by the BID Board in November 2007]. ARTICLE V MEMBERSHIP A. Appointment Terms Pursuant to MCA 7-12-1121, the Board shall consist of not less that five (5) or more than seven (7) members to be appointed by the City Commission. Members of this Board shall serve four (4) year staggered terms. Initially, one (1) member shall be appointed for one (1) year terms, two (2) members appointed for two (2) year terms, two (2) members appointed for three (3) year terms, and the remaining two (2) members appointed for four (4) year terms. Upon expiration of the terms of office for the first appointees, and from that time hence, all terms shall consist of four (4) years. Each member may be reappointed without any limitation on the number of reappointments. Vacancies shall be filled in the same manner as original appointments for the balance of the term remaining. B. Qualifications Applicants for the Board shall be owners of property within the district. Pursuant to MCA 7-12-1103, “owner” is defined as: (1) a person whom appears in the legal title to real property by deed duly recorded in the county records; or (2) a person in possession of real property under claim of ownership for himself; or (3) as the personal representative, agent, or guardian of the owner. Preference to applicants shall be given based on the order stated above. All appointments to the BDBID shall be made by the city commission. . C. Resignations Resignation from the Board shall be submitted in writing to the Chair, who will then notify the City Commission. The City Commission shall fill vacancies occurring on the Board within sixty (60) days. Such appointments shall be for the unexpired portion of the term. Attendance at Meetings and Removal by City Commission All board members are expected to contribute the time necessary to fulfill their fiduciary obligations to the board. All board members are required if they are to be absent from a meeting to contact the presiding officer and the staff liaison prior to the meeting. If prior contact is made, the absence will be determined excused. If the board member fails to contact the presiding officer or staff liaison prior to the meeting, the absence will be considered unexcused. The City Commission will be notified by the staff liaison of any board member with three or more unexcused absences in any calendar year. The board, via motion and vote, may forward to the City Commission the name of any board member having three or more excused absences, or a combination of excused and unexcused absences. As provided by law, the City Commission may remove a board member for excessive absences. A board members term may be extended for up to 30 days after term expiration on a case by case basis by the Deputy City Clerk if the board member has reapplied for a subsequent term but the application process has not yet been heard by the City Commission. ARTICLE VI POWERS OF THE BOARD Pursuant to MCA 7-12-1131, the Board in administering the district has all powers necessary to carry out the functions of the district contained in the ordinance creating it, including the power to: 1. Sue and be sued, enter into contracts, and hire and terminate personnel needed for its purposes; 2. Provide special police, maintenance, or cleaning personnel for the protection and enjoyment of the general public using the business district; 3. Landscape and beautify public areas and to maintain those areas; 4. Contract with the governing body to maintain, operate, or repair public parking facilities; 5. Contract with the governing body to maintain streets, alleys, malls, bridges, ramps, tunnels, landscaping, and other public facilities as mutually agreed upon; 6. Promote private investment and business expansion in the district; 7. Provide for the management and administration of the affairs of the district; 8. Promote business activity by advertising, decorating, marketing, and promoting and managing events and other actions designed for the general promotion of business activities in the district; and 9. Perform such other functions as are necessary to carry out the purposes of this part and to further the objectives of the district. ARTICLE VII OFFICE OF AGENCY AND STAFF SUPPORT The Board shall maintain its offices as part of the Downtown Bozeman Partnership (DBP) office. The District Manager of the DBP will be responsible for: 1) assisting the Board in the scheduling of meetings, distribution of agendas and meeting minutes; 2) providing notification of Board activities to interested parties; and 3) submitting financial reports at each meeting. The District Manager shall initiate, manage, and complete the programs and projects of the BID as directed by the Board. The District Manager shall also serve as the Board’s liaison between City staff, the City Manager, the Parking Commission, and the City Commission. ARTICLE VIII OFFICERS AND THEIR DUTIES Chairperson and Vice Chairperson – Powers and Duties During the first meeting of the board each year the board shall appoint by majority vote, a chairperson and a vice chairperson. If appropriate, they shall also appoint a board secretary. The recording secretary may be a staff liaison. The chairperson shall be the presiding officer of the board. During the absence of the chairperson, the vice chairperson shall discharge the duties and exercise the powers and authority of the chairperson. The presiding officer shall preserve strict order and decorum at all meetings and confine members in debates to the question under consideration. The presiding officer may move or second any item of business then before the board. The presiding officer shall state, or cause to be stated, every motion coming before the board, announce the decision of the board on all subjects, and decide all questions of order, subject, however to an appeal to the board, in which event a majority vote of the board members present shall govern and conclusively determine such question of order. The presiding officer shall vote on all questions. ARTICLE IX MEETINGS Parliamentary Authority Unless otherwise specifically provided herein or by ordinance or statute, all meetings and hearings of the BID Board shall be conducted in accordance with these rules. In all cases not covered by these rules, the controlling parliamentary authority shall be the latest edition of Robert's Rules of Order, Newly Revised. Meeting Agendas A. The chairperson, District Manager, or another designated board member shall arrange a list of matters to be brought before the board according to the order of business specified herein, and furnish each member and the public through the city’s website with a copy of the agenda and all supporting information no later than 48 hours immediately preceding the meeting for which that item has been scheduled. All material to be presented to the board for consideration with an agenda item shall be made available to the public within the above time frame. Copies of the agenda shall be available from the City Clerk and one copy shall be posted at the designated posting board in the City Hall for public viewing and made available on the City’s website. Pursuant to Section 7-1-4135, MCA, the BID Board designates as the official posting place for all boards the posting board in the lobby of City Hall located at 121 North Rouse, Bozeman, Montana. B. The District Manager or chairperson shall prepare the meeting agenda and may consult with other board members in preparing the agenda. The chair person or a majority of board members may add to or remove an item from the agenda. The agenda shall be in substantially the following form: i. Executive Session (if required) (only necessary if an executive session is being held). ii. Disclosure of Ex Parte Communication such as comments or information received. iii. Changes to the Agenda. iv. Public Service Announcement (if scheduled). v. Approval of Minutes (if required). vi. Consent items (consent items are those which the staff liaison or chairperson considers that no discussion will be necessary. However, at the beginning of each meeting, any board member may request item(s) be removed from the consent agenda for the purpose of discussion) (if necessary). vii. Public comment on non agenda items (always required). viii. Special Presentations (if required). ix. Action items. x. FYI/Discussion1. xi. Adjournment. Order of the above may be adjusted by the presiding officer. Meetings All meetings of the board shall be open to the public unless authorized by law. Prior to closing any meeting of the board the chairperson or staff liaison shall consult with the city attorney. A. General/Regular Meetings: 1 No action may be taken on items brought up during this section which are not on the agenda. Discussion must be limited to informational items only or to discuss placing an item on a future agenda; for more substantive or detailed discussion on an item it must be scheduled for an upcoming agenda. Boards shall hold a regular meeting once a month or no less than quarterly as directed in their establishing documents. Any meeting of the board may be adjourned to a later date and time, provided that no adjournment shall be for a longer period than until the next regular or specially scheduled meeting. The presiding officer, staff liaison or majority of the board may cancel a regular meeting if no business is scheduled for that meeting. B. Public Hearings: Public Hearings are meetings required of some citizen advisory boards to be held as a public hearing pursuant to law. The provisions of subsection A of this section apply to Public Hearings. Unless prohibited by law, a public hearing may be rescheduled or adjourned to a later date and time. C. Executive Sessions: Executive Sessions are meetings of the board with the purpose to discuss litigation strategy, a matter of individual privacy, or other matters wherein a meeting may be closed pursuant to law and will be scheduled as needed. Although each Executive Session will commence as an open public meeting, Executive Sessions may be closed to the public pursuant to authority and limitations in Title 2, Chapter. 3, Part 2, MCA. An Executive Session may be called at any time during any meeting if authorized by law. D. Special Meetings: The presiding officer, a majority of the board or the staff liaison may call special meetings of the board, upon at least forty eight (48) hours notice to each member personally served on each member through email or left at the member’s usual place of residence and also notice to the public by, at a minimum, posting the agenda on the City’s website and posting board. Order of Presentation and Public Participation A. The order of presentation in which items are presented to the board shall generally be as follows: i. The staff liaison shall present the agenda item to the board, if appropriate. ii. If applicable, the staff liaison may present a background report on the matter for discussion. Upon conclusion of a staff presentation, board members may ask questions of staff for the purposes of understanding and clarification. If the agenda item is a public hearing, the presiding officer will open the public hearing prior to staff presentation. iii. If applicable, comments from the applicant, or the applicant’s agent, shall be heard. The applicant’s presentation/testimony is limited, subject to the discretion of the presiding officer, to ten (10) minutes. iv. After being recognized by the presiding officer, a board member may direct questions to the staff or applicant. v. Members of the audience or their agent may be invited to present testimony or evidence. To be recognized, each person desiring to give testimony or evidence shall step forward and, after being recognized, give their name and address for the record. The presiding officer may establish a timeframe for each public comment but in no case shall such timeframe be less than three (3) minutes per speaker. The presiding officer may lengthen or shorten the time allotted for public testimony. vi. After being recognized by the presiding officer, a board member may direct questions to any person so testifying for purposes of clarification. vii. Following public comment, the staff liaison shall be given the opportunity to comment on any testimony or other evidence. viii. Following staff comment and if a public hearing, the applicant will be given the opportunity to rebut or comment on any testimony or other evidence. The applicant’s comments and rebuttal is limited, subject to the discretion of the presiding officer, to five (5) minutes. ix. If a public hearing, following applicant rebuttal and any further questions, the presiding officer will close the hearing and bring the agenda item forward for discussion, motion and vote. x. If a public hearing, after being recognized by the presiding officer, a board member may direct questions limited to the rebuttal testimony and evidence. xi. The board secretary shall enter into the record all correspondence that has been received but was not yet provided. xii. Unless required to act by a certain date pursuant to law, the board may continue the discussion to a date certain, close discussion and vote on the matter, or close the discussion and continue the vote to a date certain. B. All testimony and evidence shall be directed to the presiding officer. No person, other than a board member and the person recognized as having the floor shall be permitted to enter into the discussion. No questions shall be asked of a board member except through the presiding officer. C. The board may ask the staff liaison for its recommendation. D. If a public hearing, in the event the applicant does not appear at the scheduled time and place, unless the applicant has waived his or her appearance in writing, and which waiver has been accepted, or unless the matter is submitted as a consent item, the matter shall be continued to the next available regular meeting, public hearing date, or other date certain. E. All testimony and evidence shall be directed to the presiding officer. No person, other than a board member and the person recognized as having the floor shall be permitted to enter into the discussion. No questions shall be asked of a board member except through the presiding officer. F. For all public hearings involving land use and annexation decisions, the board will wait a minimum of one week before making a decision whenever requested by a member unless a decision is required due to a statute, ordinance or other law. G. Board members are urged to state the reasons for their decisions, particularly on land use issues; the record must reflect findings regarding legal criteria for all quasi-judicial decisions. H. Witnesses may be required to testify under oath. I. The board shall not be bound by the strict rules of evidence and may exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or evidence. J. The presiding officer shall rule on all questions relating to the admissibility of evidence with advice from the City Attorney, which ruling may be overruled by a majority vote of the board. K. A public hearing which has been formally closed for all public input may not be reopened and no additional evidence or testimony from the public shall be received or considered except as provided herein. If additional information is required from the public before a decision can be made, the board upon motion duly made, seconded and passed, may call for an additional public hearing which hearing shall be noticed as required by law, specifying date, time place and subject matter of hearing. This paragraph does not preclude the board, after the public hearing, from asking questions of staff, receiving additional evidence from staff or, after a hearing held on a preliminary plat, pursuant to Title 76, Chapter. 3, from consulting the subdivider about conditions or other mitigation required of the subdivider. Upon decision by the presiding officer or upon a duly adopted motion of the board to reopen the public hearing prior to close of the agenda item in which the hearing was held, the requirement to provide public notice does not apply; the public hearing may be reopened and the additional input provided prior to a final decision on the item. Quorum and Voting Unless otherwise provided by law, a quorum shall consist of a majority of existing appointed board members. If a quorum is not present, those in attendance shall be named and the board shall adjourn to a later time. The District Manager shall reduce motions to writing and, upon request shall read a motion prior to the vote. Upon every vote, the outcome shall be stated and recorded. A board member has an obligation to vote unless there is a conflict of interest. Email, telephonic, or proxy voting shall be prohibited. Rules of Debate, Reconsideration and Conflict of Interest A. Every board member desiring to speak shall address the presiding officer and upon recognition by the presiding officer, shall confine discussion to the question under debate, avoiding all personalities and indecorous language. B. A board member, once recognized, shall not be interrupted when speaking unless the member is to be called to order, or as herein otherwise provided. If a board member, while speaking is called to order, they shall cease speaking until the question of order be determined, and, if in order shall be permitted to proceed. C. Order of rotation in matters of debate or discussion shall be at the discretion of the presiding officer. D. A motion to reconsider any action taken by the board must be made on the day such action was taken. It must be made either immediately during the same session, or at a recessed and reconvened session thereof. Such motion shall be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions or while a board member has the floor. It shall be debatable. Nothing herein shall be construed to prevent any board member from making or remaking the same or any other motion at a subsequent meeting of the board, but the matter must be duly scheduled as an agenda item. E. Pursuant to the City’s Code of Ethics, a board member may seek the advice of the City Attorney as to whether the member has a conflict of interest pursuant to law. If the board member is advised there is a conflict of interest, the member shall recuse himself/herself, step away from the meeting table, and refrain from discussion and vote on the matter. F. After a motion, duly made and seconded, by the board, no person shall address the board without first securing the permission of the presiding officer. Open Meetings and Email A. Except for properly-called executive sessions as permitted by state law, all meetings of the board shall be open to the public and media, freely subject to recording by radio, television and photography at any time, provided that such arrangements do not interfere with the orderly conduct of the meetings. B. A majority of the board shall not conduct synchronized email discussions involving a matter over which the board has supervision, control, jurisdiction, or advisory power. Synchronized email discussions are email exchanges among a majority of board members within minutes of each other that create the quality of simultaneity similar to instant messaging or chat room discussions. Such discussions are characterized as an active exchange of information rather than the passive receipt of information. An example of synchronized email discussion would be a majority of board members sitting at their computers and instantly exchanging emails concerning board business, whereas a passive receipt of information is where a board member receives an email and responds in the normal course of time similar to responding by letter received in the mail. The board shall not view emails or other electronic communication mechanisms concerning any matter on the agenda during a board meeting unless the submission is part of a specifically approved and adopted electronic public testimony program. Electronic communication mechanisms include text messaging or any other emerging technology that violates the spirit of open meeting laws. This does not preclude viewing emails or electronic communication mechanisms that were received prior to the board meeting. Emails received by board members concerning an agenda item shall be forwarded to the staff liaison or board secretary and retained in accordance with the City’s retention policy. Decorum A. While the board is in a session, board members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the board nor disturb any member while speaking or refuse to obey the orders of the board or its presiding officer. B. Any person making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the board may be denied further audience with the board by the presiding officer, unless permission to continue is granted by a majority vote of the board. C. The board shall not debate, in a heated or argumentative manner, with a member of the public presenting testimony during a meeting. D. Speakers shall only address the agenda item before the board. Any person speaking on an agenda item not before the bard may be called out of order. Recording of Meetings and Minutes A. The District Manager shall prepare a summary of all meetings to be known as the “Minutes” and to be approved by the board. It shall not be necessary to formally read out loud the Minutes prior to approval. Such Minutes may be revised by the District Manager to correct spelling, numbering, and other technical defects. Prior to approval, any board member may request the privilege of amending or correcting the Minutes to accurately reflect the substance of the prior meeting. If objection is made by any board member to such amendment or correction, a majority vote of the board shall be necessary for adoption of the correction or amendment. The minutes shall be forwarded to the City Clerk’s office for posting within three months of the meeting. B. Executive Session Minutes. Executive session minutes shall be taken and prepared by the board secretary. The board shall approve the minutes of an executive session in open meeting; provided, however that any discussion concerning the contents of the minutes, prior to approval, shall be conducted in executive session. The staff liaison or board secretary will distribute the draft executive session minutes to the members in a manner that ensures and retains confidentiality. The board shall follow the provision 2.02.130, BMC related to dissemination of executive session minutes. C. Televising, broadcasting or audio recording of meetings: At the discretion of the board and City Clerk’s office, meetings may be televised, broadcast or an audio recording made. If recorded, audio recordings shall be made available to the public unless required to be kept confidential by law. ARTICLE X OPERATING POLICY Property Owner Communications All property owners in the BID district shall be notified when there is a board vacancy. All property owners will be afforded the opportunity to apply for any vacant board positions or nominate potential board applicants. All property owners in the BID district shall be provided the drafts of the annual budget and work plan including notification of scheduled City Commission public hearing. All property owners in the BID district shall be provided the annual report. Notifications, drafts and reports will be made available on the BID website (www.downtownbozeman.org/bid). Unless otherwise required by law, property owner communications will be done using e-mail. Discrimination Prohibited The Board shall adhere to all applicable non-discrimination provisions adopted by the City of Bozeman. These include but may not be limited to the following: Resolution No. 4243-Policy Not to Discriminate in Employment and Benefits on the Basis of Sexual Orientation and/or Gender Identity. A resolution of the City Commission of the City of Bozeman that the City will not discriminate in employment and benefits on the basis of sexual orientation and/or gender identity. Adopted on February 8, 2010 Resolution No. 4250—Adopting a Policy Prohibiting Discrimination in Contracts and Agreements. A resolution of the City Commission of the City of Bozeman, Montana, adopting a policy prohibiting the discrimination in the entering into and implementation of contracts and agreements of all kinds including bidding and certain purchases. Adopted on March 29, 2010. ARTICLE XI COMMITTEES Special committees may be appointed by the Chair for purposes and terms that the Board approves. ARTICLE XII REPORTS Pursuant to MCA 7-12-1132, the Board shall submit a work plan and budget for the ensuing fiscal year to the City Commission for approval. A public notice shall be submitted and a public hearing shall be held regarding the work plan, budget, and subsequent levy of an assessment. After the hearing, the City Commission may modify the work plan and budget as it considers necessary and appropriate. ARTICLE XIII AMENDMENTS Bylaw amendments may be introduced in writing by any member of the Board at a regular meeting. Action by a majority of the Board on the amendments may be taken on second reading at any future regular meeting. Board amendments to the bylaws must be approved by the city commission in accordance to Bozeman Municpal code 2.05.1970.A9. Bylaws shall not be amended in conflict with City of Bozeman policies or ordinances, and the City Commission shall be provided with information copies of bylaw amendments. ARTICLE XIV COMPLIANCE Compliance with the City Code of Ethics All board members are required to follow State ethics laws regarding appointed officials and the city of Bozeman Code of Ethics. New board members will receive the City of Bozeman ethics handbook and must sign a form acknowledging receipt of the handbook, take an oath they will uphold the state and city ethics codes. Board members are also required to take an initial ethics training within two months after appointment. Each year board members are required to attend city sponsored ethics. Non-compliance with the City Code of Ethics and training requirements may result in removal of a board member. See the City Code of Ethics for more details. Compliance with the City Purchasing Policy All boards are subject to the City purchasing policy (Administrative Order 2013-06), as revised, unless specified by law. City staff liaisons shall handle financial transactions unless specific arrangements have been made in writing through the City controller. Compliance with State Records Retention Policy All City boards are subject to the State of Montana records retention policy. A. The City Clerk will handle retention of all agendas, minutes and board resolutions once they have been forwarded to the clerk’s office. B. E-mails, websites and social networking sites are subject to adopted records retention schedules. For social media and websites please refer to the current Information Technology Social Media Use Policy for further guidelines.