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HomeMy WebLinkAbout02-12-14 Parking Commission Agenda and Materials BOZEMAN PARKING COMMISSION February 12, 2014, 7:30 — 9:00 a.m. Madison Room, City Hall Agenda I. Call to order, 7:30 a.m. II. Disclosures of Ex Parte Communication III. Changes to the Agenda IV. Approval of January 2014 minutes V. Public Comment on non-agenda items— State name and address. Please limit comments to 3 minutes VI. Manager's Report(info) a. Monthly Financials- January 2014 b. Parking Garage Usage Graphs and table c. TIF funding of LT Maintenance thru FY2016 d. MUS Residential Street addition requests e. Other VII. Model Rules for Procedures (Aimee's memo)—(ACTION) VIII. March BPC Meeting (delayed 1 week) March 191h due to spring break(info) IX. Notification of Snow Plow Schedule (follow up to public comment)—(info) X. FY2015 Budget—(info) XI. New business XII. Adjournment NOTE:The next Bozeman Parking Commission meeting will be held March 19, 2014, at 7:30 a.m. at City Hall. Bo_eman Parking Commission meetings are open to all members of the public. Ifyou have a disability that requires assistance,please contact our ADA Coordinator, James Goehrung, at 582-3232(TDD 582-2301). Bozeman Parking Commission Meeting January 14, 2014 7:30 a.m. City Hall Commission Room Parking Commissioners in Attendance: Ben Lloyd Chris Naumann Kelly Wiseman Ben Bennett Ryan Olson Pam Bryan Dennis Bechtold Cyndy Andrus City Staff in Attendance: Scott Lee, Parking Manager Laurae Clark, Treasurer Ashlie Portnell, Parking Clerk Guests in Attendance: Allison Spery Steve Lance Action Items: 1. Call to order, 7:30 a.m. Ben L/Chris called the meeting to order at 7:30 a.m. II. Approval of December 2013 minutes Chris asked for a motion to approve the December 2013 minutes. Pam motioned to approve the December 2013 minutes. Dennis seconded the motion. The motion was carried unanimously. 111. Public Comment— State name and address. Please limit comments to 3 minutes Allison Spery, 501 S Grand Ave, Apt 3, telephone 406-599-6090. Allison received two parking citations while on Christmas break. She stated that she understands why the 48 hour ordinance is in place,however, she was not notified of when the snow plow would be coming through to clean the street of snow. Her vehicle would have been moved had she been notified. She is suggesting to the BPC that they put signs out to notify residents of the snow plow,that way they can get their vehicles moved off the street. Allison stated that she has no off street parking. She must park on the street. In Jackson where she previously lived it was known that plowing on one side of the street happened on odd days and the other on even days, so residents knew where to park their vehicles to allow proper plowing and cleaning of the streets. She would like Bozeman to consider some alternative as well. Chris stated that this will be put on the agenda for next's months meeting, and Scott will get back to her. In the mean time she can certainly appeal the citations. Steve Lance, 517 S 9th Ave, telephone 406-581-6594. Steve had a similar story. He went on vacation over the holiday and left his truck on the street. He also received two citations. He does have a single car driveway; however he explained that his wife's vehicle and daughter's vehicle park there. He has no other options for this truck and does not want to continue to get citations for parking on the street in front of his home. Chris told Steve that the BPC will talk about this at the next meeting and Scott will get a hold of him. Chris suggested that Steve appeal his parking citations. IV. Disclosures None. V. Manager's Report (info) — Including finance report Scott presented the financials to the BPC. Overall the BPC is ahead of budget in net income. Permit numbers for the garage are down slightly in January but this is normal. December 2013 showed an all time high for entries. Average daily revenue and entries were up for both the month and the full year. Scott presented a call log that he created for the amount of phone calls he receives after business hours. Numbers were high especially on the weekend. Chris suggested putting cameras at the entrance/exit areas. Gates continue to break. They cost$400.00 a piece. Chris also suggested putting up signage at the entrance/exit areas explaining that there is a fine for breaking gates. Ordinance 1870 received final adoption by the City Commission on December 16, 2014. Scott wanted to remind the BPC the fines will be increasing January 16, 2014. Officers have placed notices inside the envelopes of citations to let people know of the increase upcoming. Ryan suggested having a permit for home owners that they can purchase while on vacation. It would allow them to park on the street without getting citations. Pam agrees with Ryan about coming up with a solution or two. There will be further discussion at the next meeting. Ben B suggested adding to the public works ad about plowing and shoveling to remind citizens they need to move their vehicles every 48 hours. Laurae suggested putting a message or flyer into the water bills. Scott is still trying to get a hold of Dick Prugh about crack mapping at the parking garage. Scott hopes to have it completed by the end of February. VII. Parking Caarage Lease changes—(Block G Hotel) - info Andy Holloran addressed the BPC in November 2013 and requested a change to the standard lease agreement used for leasing space in the parking garage. Scott informed the BPC of the current status. After discussions with Greg Sullivan and the BPC Executive Committee, Scott felt it unreasonable to adjust the language in the standard agreement which would reduce the responsibility of the hotel for the actions of their guests while using the parking garage and put more liability on the City. Andy was seeking to reduce the indemnification of the City for risk/liability from hotel guest's use of the parking garage. Additionally, Cory Lawrence made an assertion that should the Block G hotel be allowed to revise the lease agreement, that he felt the Etha Hotel should have the same ability to revise their agreement with the City. Scott had previously been given authority by the BPC to negotiate lease arrangements (PC2013- 02), and said that unless specifically told by the BPC to amend the language, it was his intent to keep the indemnification language the same for all past and future agreements. There was no objection from any member of the BPC, so Scott will inform Andy that the lease language will remain the same. Scott stated that the Imperial Inn has reviewed the draft lease agreement presented to them with the current language and indemnifications,and is prepared to sign it and lease up to 19 spaces in the parking garage. VI. Resolution 2014-01 — 2014 Rates for Bridger Park Leases - ACTION The rate increase for the parking garage was originally approved back at the October 2013 meeting. Scott wanted it in the form of a resolution, so he created Resolution 2014-01 and is looking for a formal approval. Scott asked for a motion to approve Resolution 2014-01. I)ennis motioned to approve Resolution 2014-01. Chris seconded the motion. The motion was carried unanimously. VIII. 2014 — Election of Officers —.January 2014 (info) Pam motioned to approve the elected officers as the following. Ryan Olson as Chair and Chris Naumann as Vice Chair,with the Executive Committee to be Chair, Vice Chair and the previous Chair member. All for a period of two years. Kelly seconded the motion. The motion was carried unanimously. IX. New business Cyndy asked for an update on the City Manager, Public Works, Parking, DBP and Facilities Department's conversation about future filming permits. Chris stated that any person/persons who wishes to do some type of filming inside the city limits will need to work with Katherine Maines at the professional building to obtain the permit, the same as any other entity who wants to affect a public space or street currently does. James Goehrung will handle permits for parks, buildings and recreation centers. James will also inform past permittees of the change in process. X. Adjournment Ben L adjourned the ineeting at 8:45 a.m. Respectfully Submitted Ashlie Portnell, Parking Clerk Bozeman Parking C©mmoso�on Finance Report Es of January 3�to 2024 ]an-12 Jan-13 Jan-14 FY2014 Remaining FYTD FYTD FYTD Fiscal Year 2014 Full Yr Actuals Actuals Actuals Budget VARIANCE Budget Balance % Revenue Downtown surface lot permits 12,897 12,291 13,216 13,317 101 16,300 2,784 17% Garage permits 65,798 60,960 88,817 63 931 24,886 85,000 3,817 -4% Garage transient 29,681 32,974 34,919 35 000 81 60,000 25,081 42% Garage validation 808 355 502 583 81 1,000 1 498 50% MSU resident permits 10,680 10,755 11,100 10,149 951 11,000 100 -1% High school permits 2,135 2,045 1,585 2,307 722 2,500 915 37% MSU visitor permits 7,730 7,855 8,700 7 381 1 319 8,000 700 -9% Municipal fee - - 33 105 1 33,104 1 33,104 -3310400% Boot fee 1,650 1 350 1,800 1,750 50 3,000 1,200 40% Citations 94,320 130,035 163,725 177,917 (14,192) 305,000 141,275 46% Refunds& Reimbursement 8,750 2 290 7,045 5 833 1,212 10,000 1 2,955 30% Gara e indoor advertising 1,020 1,462 1,454 1,167 287 2,000 546 27% Other Revenue/ Loan Interest - 989 21,753 - 21,753 21,753 #DIV/0 Total Revenue 235 469 263 361 387,720 1 319,336 68,384 503,501 115,781 23% Operating Expenses Wages and salaries 114,389 112,119 153,873 154,371 498 264,636 110,763 -42% Supplies/Materials 8,772 13,223 20,571 10,398 (10,173) 17,825 2,746 15% Maintenance-vehicle software 4,086 20,836 8,614 4,667 (3,947) 8,000 614 8% Utilities-phone, elect as 16,959 16,412 16,523 18,900 2 377 32,400 15,877 -49% Contracted Services 35,872 35,864 26,141 32,375 6,234 55,500 29,359 -53% Travel[Training 1,909 - - 2,042 2,042 3,500 3,500 -100% ,Other-pstq, adv, rents taxes 22,498 23,996 29,535 21,554 (7,981) 36,950 7,415 -20% Capital & Reserve - 4,741 19,652 14,583 (5,069) 25,000 5,348 -21% Transfers to General Fund 30,604 33,171 35,000L 35,000 60,000 (25,000) -42% Total Operating Expenses 235,089 260,362 309,908 293,890 (16,018) 503,811 (193,903) -380/6 Net Profit Loss 380 1 2,999 1 77,812 25,446 1 2 366 1310 Bridger Park Downtown Parking Garage Stats Oct-12 Nov-12 Dec-12 Jan-13 Oct-13 Nov-13 Dec-13 Jan-14 Average Daily Revenue $119.97 $127.60 $169.39 $136.39 $151.39 $138.77 $180.97 S145.97 Average Daily entries(all) 326 323 348 314 1 381 350 407 369 Bridger Park Downtown Permits Jul-13 Au -13 Se -13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Regular 159 161 161 175 189 189 183 187 Basement 37 38 41 42 51 511 49 49 Total permits 196 199 202 217 240 240 1 232 236 Top 5 Events at Bridger Park ENTRIES REVENUE Amount Date Event Amount Date Event 1 849 12/13/2013 $738 7/1/2010 Hai:/MOM 2 824 6/27/2013 MOM $601 12/3/2011 Xmas Stroll 3 802 8/1/2013 MOM $581 12/1/2012 Xmas Stroll 4 788 7/18/2013 MOM S541 3/16/2013 Rur 2 the Pub 51 758 1 6/28/2012 1 MOM S534 7/30/2011 1 3 on ?Rball NOTE: 5 months(42%)remaining in Fiscal Year(July-June) Prepared by Scott Lee Finance report FY2014-Jan 2014 2/10/2014 Bridger Park Downtown Average Daily Revenue 220 200 180 i 160 d > 140 ° 120 d 100 a 80 60 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan 2010-11 Avg.Rev 97.93 113.45 131.93 95.65 135.77 176.94 1 169.40 118.63 120.29 119.50 151.48 104.55 -4--2011-12 Avg.Rev 113.38 114.13 119.80 124.S5 169.52F 187.06 206.03 133.53 119.97 127.60 169.39 136.39 t 2012-13 Avg.Rev 118.96 144.74 163.13 128.00 162.93 193.00 1 189.06 138.63 151.39 138.77 180.97 145.97 2010-11 Avg.Rev -0--2011-12 Avg.Rev Bridger Park Downtown Avg Daily Entries Soo 450 400 W > 350 ° 300 a, m 250 m Q' Ar- 200 150 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan f-2010-11 Avg.Entries 240 265 268 252 291 311 327 265 275 282 332 276 -0-2011-12 Avg.Entries 292 285 295 301 352 383 415 323 326 323 348 314 -F 2012-13 Avg.Entries 314 331 354 349 392 447 423 363 381 350 407 369 -6-2010-11 Avg.Entries t2011-12 Avg.Entries f2012-13 Avg.Entries Downtown Bridger Park Garage - monthly %Change from same month in prior year 2010 to 2011 2011 to 2012 2012 to 2013 2013 to 2014 %CHANGE SUMMARY DATA SUMMARY DATA SUMMARY DATA SUMMARY DATA entries rev entries rev entries rev entries rev Jan 37% 32% 28% 11% 14% 30% 17% 7% Feb 30% -1% 26% 20% 4% 1% Mar 48% 22% 8% 1% 16% 27% Apr 27% 22% 10% -9% 20% 36% May 29% -6% 19% 30% 16% 3% Jun 35% 34% 21% 25% 11% -4% Jul 13% -1% 23% 6% 17% 3% Aug 33% 13% 27% 22% 2% -8% Sep 18% 3% 22% 13% 13% 4% Oct 20% 7% 18% 0% 17% 26% Nov 20% 7% 14% 7% 8% 9% Dec 19% 13% 5% 12% 17% 7% Total 26% 11% 18% 11% 13% 11% 17% 7% garage counts by day of week-graphs and tables Scott Lee From: Aimee Brunckhorst Sent: Friday. January 24, 2014 9:13 AM To: Allyson Brekke; Ashlie Portnell; Bob Risk: Brit Fontenot: Chris Naumann, Chris Saunders: Courtney Kramer. Daryl Schliem: Doreen Olean; John Vandelinder; Meagan Lak; Mitchell Overton, Natalie Meyer, Ryon Stover, Scott Lee, Shane Surber; Susan Gregory. Tara L. Hastier Terri Dood; Thom White. Tracy Menuez; Wendy Thomas Subject: Model Rules of Procedure (By-Laws) Attachments: Model Rules of Procedure, FINAL.docx City Board Staff Liaisons; Attached you will find model rules of procedure for the advisory boards - otherwise known as bylaws. Ordinance 1807 which revised the city commission rules of procedure, asked the city clerk and city attorney to come up with model rules of procedure that the boards would then adopt in `substantial form'. Some of the boards saw these during the latest ethics training. Sometime in the next six months it would be greatly appreciated if your board could take a look at the attached model and compare it to your current bylaws if you have them. Then your board will need to adopt a set of procedures that conforms to this model. In other words, you can make revisions to the model to best suit the needs of your particular board, but for the most part, they must `conform' to the model. Once your board has taken action to adopt, please e-mail to me with any notes such as when the motion was voted on etc. and I will place them on a consent agenda for final approval by the City Commission. If they have non-standard revisions, they will also be forwarded to the city attorney for review. If you are the liaison for a board that rarely meets this can wait until the next meeting, unless you would like to call a meeting for this. If you have questions, need assistance or have concerns please don't hesitate to talk with me about them. I will help out in whatever way I can. If your board balks, please let them know that this is mandatory per Commission Ordinance and the Resolution that adopted the model rules. If the timing is an issue, we can be flexible but of course don't want this to linger forever. O Thanks for your help making this happen. Sincerely, Aimee Brunckhorst Deputy City Clerk City of Bozeman, Montana 406-582-2320 www.bozeman.net The City Clerk's Office is dedicated to preparing the proceedings of the City Commission and preserving the City records, using integrity to offer timely and courteous service to the citizens and staff of Bozeman, Montana, along with enhancing the ability of the citizenry to participate in local government. 1 Model Rules of Procedure (By-Laws) Section 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, Chpt. 1, Part 41, MCA, Title 7, Chpt. 5, Parts 41 and 42, MCA, and Title 2, Chpts. 2 and 3, MCA as they relate to procedures for conducting meets and public hearings before City boards. Section 2 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. Section 3 Parliamentary Authority. Unless otherwise specifically provided herein or by ordinance or statute, all meetings and hearings of the Bozeman Parking Commission 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. Section 4 Meeting Agendas. A. The chairperson, staff liaison, 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 1 of 9 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 Bozeman Parking Commission 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 staff liaison or board chair 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 board chair 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/Discussion'. xi. Adjournment. Order of the above may be adjusted by the presiding officer. Section 5 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: 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. 2 of 9 xii. Boards shall hold a regular meeting once a month or no less than quarterly as directed in their establishing documents. xiii. 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. xiv. 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: xv. 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. xvi. 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, Chpt. 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. Section 6 Order of Presentation/Public Particivation. 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 3 of 9 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. 4of9 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. 1. 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, Chpt. 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. Section 7 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 board secretary 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. Section 8 5 of 9 Rules of Debate/Reconsideration/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. Section 9 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 6 of 9 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. Section 10 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 board may be called out of order. Section 11 Recordine of Meetings and Minutes. A. The board secretary 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 staff liaison or board secretary 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 7of9 convection, 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. Section 12 Attendance at Meetings/Removal by City Commission/Terms. 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. Section 13 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 training. Non-compliance 8 of 9 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. Section 14 Compliance with the City Purchasiniz Policy. All boards are subject to the City purchasing policy (Administrative Order 2009-06), 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. Section 15 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. 9 of 9