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HomeMy WebLinkAbout08/27/03 AGENDA FILE 239 4th Street · Brernerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251 CITY COUNCIL MEETING AGENDA AUGUST 27, 2003 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in Council Conference Room A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in Council Chambers A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. Minutes of Meeting -August 13, 2003 (#AB03-162) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - Comments limited to 3-minutes 8. NEW BUSINESS ~ A. Establishment of an "Accountant" Position within the Finance Department (#AB03-163) -X 9. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Ordinance [First Reading] amending Title 7 of the Bremerton Municipal Code relating to ANIMAL CONTROL (#AB03-164) B. Ordinance [First Reading] amending Chapter 2.05 of the Bremerton Municipal Code relating to APPOINTMENT AND CONFIRMATION OF DEPARTMENT DIRECTORS (#AB03-165) ~'~ C.Resolution No. 2904, authorizing Interfund Loans to the Wastewater Utility Fund from the Water Utility Fund and Real Estate Excise Tax Fund(#AB03-166) 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING I=-mail: citycouncil@ci.bremerton.wa.us · Web: www. ci.bremerton.wa.us DATE SUBMITTED: August 21, 2003 BILL # C) 3- AGENDA BILL CITY OF BREMERTON ~ ][ CITY COUNCIL SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A August 13, 2003 COLrNC1L MEETING Date: August 27, 2003 Department: City Council Presenter: Carol Mends Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held August 13, 2003. ATTACHMENTS: Minutes for August 13, 2003 FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FiNANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: ~ ~tJ~ ~d~'~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action I TAPES #1906 #1907, & #1908 CITY COUNCIL MEETING MINUTES August 13, 2003 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, August 13, 2003, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Eric Younger, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Also present were City Attorney Roger Lubovich; City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Major Baker of the Salvation Army. President Arends made the following announcements: 1. A Pre-Council session was held in the Council Conference Room to discuss updates to the meeting agenda; 2. Item 8A titled "Surplus of Real Estate located on Oyster Bay Avenue; and Sale to GLOBAl INVESTMENTS LIMITED" was postponed until the Council meeting on August 27, 2003; and 3. Item 8C titled "Professional Services Aqreement with EXELTECH CONSULTING, INC. for Desi.qn of Downtown Pedestrian/BTC Access Improvements" has been moved to the first item under NEW BUSINESS, CONSENT AGENDA A. Minutes of Meeting - July 23, 2003 (#AB03-142) B. Bid Award to LORI LEITEANOMEN'S WORK CONSTRUCTION for Renovation of Restroom at Sheridan Park Community Center (#AB03-143) C. Bid Award to WHITNEY EQUIPMENT, INC. for two new chopper pumps for Pump Station EB-3 (#AB03-144) D. Supplemental Agreement No. 2 with CAMP DRESSER McKEE for Comprehensive Sewer Plan Update and Facility Plan, and Design of the Westside CSO Treatment Facility (#AB03-145) E. Professional Services Agreement with BERGER/ABAM for Civil Engineer Services for the Fire Station Headquarters, and Police and Court Facility (#AB03-146) #0025 MIS/C/U (McConnell/Olsen) Move to approve Consent Agenda as presented. CLAIMS & CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0045 M/S/C/U (Younger/McConnell) On August 13, 2003, the Council approved payment for Check Numbers 278606 through 283529; EFT7777 through EFT 7803 in the total amount of $1,782,252.56; Regular Payroll in the amount $1,215,838.46 for the pay period ending July 31, 2003; and Retiree Payroll in the amount of $138,789.46 for the pay period ending July 31, 2003. COUNCIL MEMBERS Mike Short invited citizens to attend the next District 8 & 9 neighborhood meeting on Thursday, August 28, 2003 from 7:00 to 8:30 P.M. in the Conference Room of the Oyster Bay Public Works Facility to hear a presentation on the "Proposed Tunnel': TAPES #1906, #1907, & #1908 City Council Reg. Mtg. Minutes August 13, 2003 Page 2 of 7 Will Maupin also hoped that citizens would attend the next District 8 & 9 neighborhood meeting; and reported on his attendance at the "National Night Out" program held in Westpark on Tuesday, August 6 where he participated in the "dunk tank". Eric Younger informed the public that the MAKE-A-WISH FOUNDATION was looking to establish a branch on the Olympic Peninsula, and encouraged anyone who would like more information, or would like to help in anyway, to contact Erica Sheehan at 1-(800)-304-9474. Mike Shepherd discussed the last "Concerts in the Park"event at Evergreen Park and the opening of a new restaurant, "CJ's Filipino Cuisine". Ed Rollman was honored to attend the Swearing-In Ceremony for Officer Wendy Davis and Sgt. Jim Burchett, who were each promoted to Lieutenants in the Bremerton Police Department; and the Press Conference to announce a new downtown location for the KITSAP FEDERAL COMMUNITY CREDIT UNION. Daren Nvaren reported that a presentation on "Small Businesses" sponsored by Olympic College to develop a marketing strategy to assist new or existing small businesses would be held tomorrow, August 14. Interested persons may call (877) 732-7267. Cecil McConnell announced the District 1 & 2 Town Meeting would be held on Thursday, August 21, 2003 from 6:30 to 8:00 P.M. at the Sheridan Park Center to discuss "The Proposed Tunnel" with representatives from the City. Wayne Olsen reiterated the information on the District I & 2 Town Meeting. MAYOR'S REPORT - Mayor Bozeman .... · Welcomed Congressman Norm Dicks, and all the citizens in attendance tonight; · Displayed a poster board highlighting all of the activity taking place downtown; · Read a Proclamation proclaiming Sunday, August 17, 2003 as the 11~h Annual "Siblings Day"; which was accepted by Carl Glaser, and · The week of August 10-16, 2003 as "Health Center Week"; which was accepted by Barbara P. Malich, Chief Executive Officer of Peninsula Community Health Services. PUBLIC RECOGNITION Shirley Wise,Traffic Safety Coordinator for the City of Bremerton & Kitsap County, invited the public to attend a Press Conference at the Kitsap Mall on Thursday, August 14, 2003 at 10:30 A.M. where new 6' x 12' highway signs would be unveiled to honor two victims killed by drivers under the influence. Roy Runyon expressed his appreciation to the members of the City Council for the work they do, and for asking the tough questions. He also felt they did not get paid enough. Paul Festag, President of United Food & Commercial Workers, reminded citizens to think about all of the protections they receive at their jobs due to the efforts of Unions. Jonathan Wood referred to the presentation made by the Mayor, and although he agreed that there are a number of exciting projects going on, but was concerned at the loss of Passenger Only Ferry service, and concerned that not enough is done to solicit the input of citizens. TAPES #1906, #1907, & #1908 City Council Reg. Mtg. Minutes August 13, 2003 Page 3 of 7 Don Larson thanked the Public Works Department and Parks Department for their efforts in taking care of City landscaping areas; and presented literature for the Council's review. ,~-, ,'~0^, hU. WEe'r,,ck,'r$ ~ ,.,'rcn ;a^nn~ 4A'~. Item postponed unti/ Aug.st 27, 2003... 8C - PROFESSIONAL SERVICES AGREEMENT WITH EXELTECH CONSULTING~ INC. FOR DESIGN OF DOWNTOWN PEDESTRIANIBTC ACCESS IMPROVEMENTS {#AB03-149): Gary Sexton., Economic & Development Director, explained that as a consequence of Bremerton's Downtown economic development efforts, the City needs to re-route exiting ferry traffic through its downtown core, and the City was successful in securing Federal funding for the design of Downtown Pedestrian/BTC Access Improvements. EXELTECH CONSULTING, INC. was selected from qualified engineering firms to provide engineering and environmental consulting services for this project, and a Professional Services Agreement has been negotiated for the required services for Design of Downtown Pedestrian/BTC Access Improvements in the amount of $3,885,804.00 with a Management Reserve of $39,888.00 for a total authorized amount of $3,925,692.00. It is recommended City Council approve execution of the attached Professional Services Agreement. Congressman Norm Dicks discussed his love for Bremerton and his strong desire to help revitalize the City. He expressed his belief that this proposed tunnel was the best alternative; and provided his personal commitment to guarantee that this project would be fully funded in its entirety. In addition, Richard Hayes, Director of Kitsap Transit; Steve Anderson, Executive Director of Puget Sound Naval Shipyard; and Gary Tuskber¢l, Project Development Manager for Kitsap County Consolidated Housing Authority, each added their comments in support for passage of this item. Paula Johnston, Deputy City Clerk, noted that 24 comments by citizens were received during the last week by the Mayor's office and Council office through phone calls, letters, visits, and e-mails, and have been included as part of the record on this issue. The following citizens expressed their support to move forward in the process for this project: Allen Shute, Don Larson, David & Dr. Lena Parins, Terrie O'Neil, Abraham Laners, Rob Darin~l, Paul Festa9, Michael Hosea, and H. Emily Moshay. Roy Runyon submitted a petition with 138 citizens requesting that the City "delay approval of any contract for design of a vehicle tunnel until after the KPFF study is completed and released to the public and the public comment process is completed". The following citizens expressed their concerns over this project: Marti Stanbery, Jonathan Wood, Paul Stanbery, Jerry L, Soriano, Lou Weir, and John Larson, Council President Arends closed the record to further public comment, but encouraged any citizen who still wished to submit any further comments, to do so in wdting to the Mayor or the City Council, and assured them that their comments would be included in the record. City Council members then thoroughly questioned the presenters of this issue (including Congressman Dicks), and discussed their comments and issues, summarized as follows... Mike Short supported moving forward in the established process, which he explained would include public involvement; Will Maupin went on record in support of the project, and also stressed that public input would be taken seriously; Eric Younger requested a bdefing on the TAPES #1906, #1907, & #1908 City Council Reg. Mtg. Minutes August 13, 2003 Page 4 of 7 selection process used to select the consultant, expressed his concern at the placement of the "public involvement" segment of this process, and received assurance to his concern that the City would not be required to repay any monies if the tunnel option was not selected; Mike ShePherd provided an explanation as to why he believes the current Council spends more time reviewing and asking questions prior to approving projects due to problems developed with past projects, and referred to segments of the contract that felt the Council should review closely. TAPE #1907 Ed Rollman encouraged his fellow Council members to make their decision based on facts, and follow the Federal process in place, and further noted that a "no" vote by any Council member would mean an end to any further pub/ic involvement which he did not believe was right; Darren N¥,qren expressed his support in moving forward with this process, but assured the citizens that in the end, if it is determined that a tunnel was not the best alternative, he would support that conclusion; Cecil McConnell did not believe that all of the information has been received to make an informed decision on this issue at this time, and still has many unanswered questions. He suggested that Council did not have to vote "no", but could vote to "postpone" this issue until the previous study could be thoroughly studied prior to moving on to the next phase; Wayne Olsen asked for assurance that the initial study would be made available to the public, without substantive changes, and that the next phase of the process would be to receive public input; and lastly, Carol Arends expressed her support for this project, and strongly supported the public input phase of this process. #2033 M/S/C (Rollman/Maupin) Move to approve the Professional Services Agreement with EXELTECH CONSULTING, INC. for Design of Downtown Pedestrian/BTC Access Improvements for a total authorized amount of $3,925,692.00, and authorize the Mayor to finalize and execute the same; with the Preferred Alternative selected pursuant to Section No. 104, Item (T) of the Contract Scope of Services being confirmed by the City Council; and the approval of the Contract subject to the required budget adjustment. Voted in favor of Motion: Nygren, Rollman, Shepherd, Younger, Maupin, Short, Olsen, Arends Voted opposed to Motion: McConnell Motion carried: 8-Yes; and 1-No 8B - ESTABLISHMENT OF FINANCE OFFICER POSITION WITHIN THE FINANCF DEPARTMENT (#AB03-'148): Michael Wilson, Finance Director, emphasized that the most pressing issue within the Finance Department is to fill a replacement position within the Department through the creation of the Finance Officer position. In addition to positions being cut in the Administrative Services and Finance Departments in the past, the Finance Department has operated for nearly a year without adequate staffing. The City has filled some of this void with a temporary contract accountant position, however, this position will expire in September and we will not be able to fill it with another temporary position. This has placed a tremendous burden on the Assistant City Treasurer and Accounting Clerks. In addition, the Finance Department has now assumed the responsibility for managing the financial affairs of the new Conference Center & Parking Garage, Government Center, and numerous other accounts and funds. Cathy Johnson, Assistant City Treasurer, provided additional testimony to support the hiring of a Finance Officer due to the additional demands that have been placed on the Finance Department, particularly in the last several years. Mr. Wilson specified that this action was to fa-establish a third professional position within this Department, it was not to create an additional position. There were no comments from the public. TAPES #1906, #1907, & #1908 City Council Reg. Mtg. Minutes August 13, 2003 Page 5 of 7 Mr. Younger discussed the current staffing and current, approved job descriptions already in place for positions within the Finance Department; and expressed his concern that the Administration was still bringing proposals to reorganize the Administrative Services Department, which may have created a situation where the City has two different staff members assigned as "Administrative Services Director. He continued to state that the proposal before the Council was to add an additional "professional staff" person at a time when there are major budget concerns. Sherril Huff Menees, Municipal Services Coordinator, stated that the Administration was bringing this proposal forward due to their belief that this was what the Council had requested. TAPE #1908 Mr. Wilson and Ms. Johnson addressed concerns raised by Mr. Shepherd that this proposal would cause additional burden to the General Fund; and responded to Mr. Shepherd's suggestion that perhaps a "compromised" alternative existed between this proposal to hire an additional person and the use of the current temporary position. Mr. Short asked for clarification regarding the replacement of the current temporary position. Mr. Wilson explained that this proposed position would not only replace the accountant in the current temporary position, but would become the "Chief Accountant". Mr. Nwren expressed his support for the current staff members in the Finance Department. Mr. Maupin wanted to move on, and expressed his support of this action. Mr. McConnell encouraged his fellow Council members to read all of the documents provided to them. Mr. Olsen sympathized with the concerns of staff in the Finance Department. Mr. Younger requested a legal opinion to address the legal ramifications of the Finance Director performing the duties of the Director of Administrative Services for a period exceeding 120 days without City Council confirmation. Mr. Lubovich agreed. #0468 M/S/F (Olsen/Short) Move to approve the establishment of the position of Finance Officer with the Department of Finance, and further approve the attached job description and salary for the position at Pay Band 16. Voted in favor of Motion: Maupin, Short, Nygren, and Arends Voted opposed to Motion: Rollman, Shepherd, Younger, Olsen, and McConnell Motion failed: 4-Yes; 5-No GA D~DL.Ic U~:ADmU/'~- a,~n ADnmU~',M~[: Un Jega r~/"~"~Mn D[::/~nmu~l ~.TT, mMn Tur' ,.~,~V/"~D~(2 ~.~'~I.I.I,.Dg:IU~:ATIO~ T.U. DOI i~U A (2g:DADATg: nDnlldAlU*"~C t/,-~..A. II~_h~ 4.~1: The first reading of the ordinance was heard on July 30, 2003. The second reading for this ordinance was postponed until August 20, 2003. 9B - PUBLIC HEARING AND ORDINANCE NO. 4863 [SECOND READING] APPROVING AMENDMENTS TO ORDINANCE NO. ~39 REI..~TIN(; TO THE CFrY OF BREMERTON FISCAL YEAR 2OO3 BUDGET (#AB05-141): The first reading of the ordinance was heard on July 30, 2003. Michael Wilson, Finance Director, was available to answer questions. There were no comments from the public. Several members of the Council questioned Mr. Wilson regarding segments of this ordinance... #0846 M/S (Maupin/Nygren) Move to pass Ordinance No. 4863 on second reading, amending Ordinance No. 4839 relating to the City of Bremerton Fiscal Year 2003 Budget. TAPES #1906, #1907, & #1908 City Council Reg. Mtg. Minutes August 13, 2003 Page 6 of 7 No vote was taken at this time, as an amendment was made to the Main Motion, and discussion continued... #1240 A-M/S/F (Maupin/Nygren) Amended Motion to restore the amount of $178,875 on the line titled "Project Administration" and change the Ending Fund Balance to $342,664 in paragraph 5 of the budget amendment which concerns the Public Safety Bond/Capital Projects Fund; Also, in paragraph 5, add the following 2 sentences: The charges for Project Administration shall not exceed 65% of the Project Administrators salary for each quarter of the fiscal year. All charges to this fund for Project Administration shall be limited to the time actually expended working on Public Safety Capital Projects as documented by time sheets or other recognized accounting methods". Voted in Favor of Amended-Motion: Nygren, Maupin, and Shepherd Voted opposed to Amended-Motion: Younger, Short, Olsen, McConnell, Rollman, and Arends Amended-Motion failed: 3-Yes; and 6-No #1266 M/S/C (Maupin/Nygren) Move to pass Ordinance No. 4863 on second reading, amending Ordinance No. 4839 relating to the City of Bremerton Fiscal Year 2003 Budget. Voted in favor of the Main Motion: Younger, Maupin, Shod, Olsen, McConnell, Nygren, Rollman, and Arends Voted opposed to the Main Motion: Shepherd Motion carried 8-Yes; and 1-No 9C - PUBLIC HEARING AND ORDINANCE rFIRST READING] AMENDING TITLE 10 OF THE BREMERTON MUNICIPAL CODE RELATING TO RESTRICTED PARKING ZONES (#AB03- 150): Simon Stocker., Assistant City Attorney, stated that the City currently allows residents to petition for parking restrictions to be imposed in their neighborhoods. The proposed ordinance will expand the options available to residents to deal with external factors that impact parking availability in neighborhoods. Specifically, it allows four parking options on their street: 1 ) no restriction, 2) one-hour parking, 3) two-hour parking, or 4) residential parking only. Also, this ordinance allows for a three-year parking permit renewal program to reduce administrative costs and offer more convenience to residents. It is also being proposed that certain parking penalties be increased to encourage parking code compliance in neighborhoods. Paula Johnston, Deputy City Clerk; and Luke Korpi, Managing Engineer with the Public Works Department, added further clarification to this issue and responded to citizen concerns. The following citizens asked questions and expressed their concerns with parking issues: Richard & Katherine Eliason, Donna Gardner, Pam Kin.q, Donna Vallelunza, Alma Sinclleton (who also presented a letter for the record). Mr. Ny.qren referred to an article in The SUN which noted Bob Dupree was a member of the Parking Committee, and clarified that he was merely in attendance at the meetings to provide technical support. #2556 M/S/C/U (Rollman/Nygren) Move to approve the proposed ordinance on first reading. 9D - PUBLIC HEARING AND RESOLUTION NO. 2899 AUTHORIZING AN INTERFUND LOAN FROM THE EQUIPMENT RENTAL RESERVE FUND TO ULID NO. 2002-01 FUND (#AB03-151): Michael Wilson, Finance Director, reminded Council that they approved Ordinance No. 4837 on December 4, 2002, authorizing the formation of Utility Local Improvement District (ULID) No. 2002~01. The ULID No. 2002-01 Fund needs interim financial resources in order to fund the TAPES #1906, #1907, & #1908 City Council Reg. Mtg. Minutes August 13, 2003 Page 7 of 7 construction of the water system capital improvements that are to provide special benefit to property owners within the boundaries of ULID No. 2002-01. It is proposed that the Council authorize the Director of Finance to make an interfund loan from the Equipment Rental Reserve Fund (Fund 510) to the ULID No. 2002-01 Fund (Fund 308) in the amount not to exceed $1,056,384 to cover the expenses for the ULID capital development and administration. This loan shall bear interest at a rate based on the monthly average yield from the Washington State Local Government Investment Pool, and shall be repaid to the Equipment Rental Reserve Fund from ULID No. 2002-01 Fund on or before March 1, 2004. There were no comments from the public. #2680 MISICIU (McConnell/Maupin) Move to approve Resolution No. 2899 authorizing the Director of Finance to make an interfund loan from the Equipment Rental Reserve Fund (Fund 510) to the ULID No. 2002-01 Capital Projects Fund (Fund 308) in the amount not to exceed $1,056,384. D=er~l i i'rlnlU .u.O 2Ghrl &D,D.D. ntlilU.~ er,il In ~2=tlt:~l r~/'tlUl~TDI I~'TlnlU .*.DpL,,*?.T!_~3~.. FOP PP. EL!..u,!N.*.P.Y PL.*.T ~'F!LE .~.O. PL.n2 .~.7~ FOR "P-.*.!~!EP. V!~-T.*.'' ~"..'~.-~-~3 ~.52): This item has been postponed until August 20, 2003, With no further business, the regular meeting of the City Council was adjourned at 10:32 P.M. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CNP JIIslcge DATE SUBMITTED: August 20, 2003 BILL # 0 3-- [ ~,3 AGENDA BILL CITY OF BREMERTON ~l~A CITY COUNCIL ..... ...... ......... ........... .................... .......... SUB,CT: Establishment o£an Committee Meeting Date: "Accountant" position within the COUNCIL MEETING Date: August 27, 2003 Finance Department Department: Mayor's Office Presenter: Cary Bozeman Phone: 473-5266 SUMMARY: The most pressing issue within the Department Finance is to fill a replacement position within the Department through the creation of an "Accountant" position. The Finance Department has operated for nearly a year without a key finance/accountant position. The City has filled some of this void with temporary contract accountant position; however, this position will expire in September and the Department will not be able to fill it with another temporary position. This has placed a tremendous stain on the Assistant City Treasurer, Accounting Clerks, Director of Finance and other staff members in Administrative Services. ATTACHMENTS: "Accountant' position job description Salary Survey FISCAL IMPACTS (Include Budgeted Amount): This position would cost the Finance Department $19,500 for the last quarter of the year. No adjus~nent to the Finance Department's 2003 budget is anticipated at this time since the Council approved the mid-year 2003 Budget Amendment allowing staff cost to be charged to certain capital project funds (Govt. Center, Conference Center), thus reducing some of the personnel cost within the Finance and Admin. Services Departments' budgets. APPROVALS: / / DEPARTMENT DIRECTOR: FINANCE DIRECTOR: ~-~- ~'~'--~c / MAYOR: ~~~_~__~ -- FISCAL/BUDGET: ERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: I move to approve the establishment of the position of "Accountant" within the Department of Finance and approve pay grade 17 o£ the $~lary Schedule £or t%n-Un±formea Represented 14~nployees. COUNCIL ACTION: [] Approve [] Deny [] Table [] Cominue [] No Action CITY OF BREMERTON CLASSIFICATION DESCRIPTION POSITION TITLE: Accountant SALARY: Grade 17 (Teamsters) GENERAL FUNCTION Prepares, maintains, and analyzes financial data for posting to general ledger, subsidiary ledgers, and other fiscal records to reflect accurate accounting and distribution of income and expenses. Reconciles accountants and adjusts irregularities. REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES · Assures accurate recording, balancing and classification of all city income and expenditures in accordance with BARS and city procedures. · Prepares schedules, reconciliations, documentations, and or journal entries that are required to produce annual financial reports for the city. · Continually analyzes the various funds, financial summaries and statements and initiates improvements or revisions in the accounting system or its procedures, as authorized. · Assists in producing the annual financial report for the city in compliance with city and state laws. · Monitors monthly activities of Automated Clearing House transfers used by customers to pay bills and the water/sewer Clearing Fund. Prepares monthly receipt to record deposit of funds. Performs other customer accounting transactions as required. · Analyzes and monitors utility revenues subject to state taxes and utility taxes. · Conducts special projects to analyze accounting data of utilities, tax receipt trends and other specific areas. · Advises, assists and trains Accounting Assistants as necessary; participates in the selection of new employees and makes recommendations regarding the hiring, discipline, transfer and termination of subordinate employees. · Reviews subsidiary joumals, registers and other original entries and documents prepared by employees of lower classification for accuracy and propriety. · Coordinates with the state auditor during the annual audit of the city's financial records. · Responds to inquiries from other depmtments, organizations and the general public; provides information within scope of knowledge or refers to appropriate sources. · Performs other related duties as assigned by the Director of Finance or Assistant City Treasurer. KNOWLEDGE, SKILLS AND ABILITIES (Entry Requirements Knowledge of: · State BARS and general state and federal laws regulating the financial activities of Washington municipalities Page I of 3 · In-depth knowledge of generally accepted accounting and auditing principles, theory and practices, as well as financial analysis and research techniques. · Mastery of municipal accounting and budgetary principles, practices, operations and procedures. · General business and financial practices needed to operate effectively in the City's general business environment. · Supervisory practices and procedures. Ability to: · Analyze complex and interrelated financial functions and planning programs to promote accuracy and compliance with laws and financial management standards, and to produce information which will assist the City in achieving its objectives and overall mission. · Communicate effectively both verbally and in writing, and maintain quality working relationships with other City employees and the public during the course of work. · Be proficient with PC and financial systems application software · Assist in the preparation of budgets, analyses, reports and recommendations. Organize and prioritize accounting projects to meet deadlines. · Work accurately and efficiently in numerical analysis. · Plan, schedule, and review the work performance of subordinates. QUALIFYING EDUCATION AND EXPERIENCE (Minimum Requirements) Four year degree in accounting and two years of accounting experience with supervisory responsibility, or any equivalent combination of education and experience which provides the skills, knowledge and ability necessary to perform the work. Public accounting experience is highly desirable. Valid Washington State driver's license is required. PHYSICAL REQUIREMENTS Work requires frequent sitting and standing, the ability to operate office machines including telephone, fax, computer terminal and copy machine and occasional lifting over 30 pounds. Occasional presentations require public speaking ability and the use of audio visual equipment. Frequent automobile and occasional air travel are required. WORKING CONDITIONS Work is primarily performed in an office environment. Occasional public presentations of complex and sometimes controversial information are required. Frequent evening and occasional weekend meetings are required. Frequent local travel and occasional in state and out of state travel required. Page 2 of 3 LEGAL AND REGULATORY EMPLOYMENT CONDITIONS Fair Labor Standards Act: The classification is non-exempt under the laws of fair Labor Standards Act minimum wage and overtime provisions. Representation: The classification is included in the bargaining unit pursuant to the Recognition Article of the current labor agreement between the City of Bremerton and the Teamsters Local 589. Civil Service: The classification is included in the City's Civil Service System. Appointment and Removal Authority: The position is filled by appointment by the Department Head. Removal is by action of the Department Head in conformance with Civil Service Rules. This classification specification does not constitute an employment agreement between the City and employee. It is subject to change by the City as the needs of the City and requirements change. Page 3 of 3 ] ,~.~ Memo To: City Council fi ~ From: Carol S. Conley, ~ ~ CC: Cary E. Bozeman, Mayor Date: August 27, 2003 Re: Accountant position The purpose of this Memo is to clarify exactly what Council will be voting on at tonight's meeting regarding the proposed Accountant position. Pan of the confusion stems from the fact that the previous positions brought to you for your approval were all proposed as Management Professional positions covered by the BMC 2.50, which required you not only to approve the posiOon, but the job description and placement of the position in an appropriate pay grade as well. The Accountant position being proposed tonight for your approval falls under the Teamsters contract and is governed by the Collective Bargaining Agreement and subject to Civil Service Rules. Placement of a position in an appropriate salary band takes place as pall of the negotiations process between the City and the Union, and requires formal ratification by both the Union membership and the City Council. In this case, because the position was not included in the 2001 Pay & Class Study, an adjustment upwards of the pay grade for this position is necessary in order to permit placement of a qualified individual into this position on an interim basis. We are recommending that Pay Grade 17 ($24.88/hour to $29.40/hour) be used based upon the AWC Salary Survey for this benchmark classification of comparable cities, until such time as the City and the Union can determine the appropriate pay grade for this classification during negotiations (Pay Grade 17 was also used in order to come up with the fiscal impact to the 2003 budget). If you vote to approve this position tonight, you will be authorizing an additional budgeted position in the Finance Division from September 1, 2003 through December 31, 2003. Any continuation of funding for this position beyond 2003 would again require form~ Council approval through the budget process. I strongly recommend that you approve funding of this position for the remainder of 2003. DATE SUBMITTED: August 04, 2003 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: PUBLIC HEARING ON Committee Meeting Date: August 12, 2003 ORDINANCE AMENDING TITLE 7 COUNCIL MEET1NG Date: Au[[. 20 and 27, 2003 RELATING TO ANIMAL CONTROL Department: City Attorney's Office Presenter: Simon Stocker Phone: 473-2345 SUMMARY: Title 7 of the Bremerton Mtmicipal Code was recently enacted to provide for updated animal control enforcement. The proposed ordinance amends the provisions relating to animal control in order to provide a more efficient and effective hearing process relating to animal control authority decisions and to provide for other related amendments. ATTACHMENTS: Proposed ordinance FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: :~,'~~~-~~~__ MAYOR: FISCAL/BUDGET: ; CONSENT AGENDA [] OPERATIONS: ~ ,~..~ ~. - COUNCIL PRESIDENT: /' RECOMMENDED MOTION: I move to approve the proposed ordinance on first reading. I move to pass Ordinance No. on second reading. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending certain chapters of Title 7 o£ the Bremerton Municipal Code to amend provisions of Chapters 7. ! 2 and 7.14 relating to animal control and repealing Chapter 7.16 relating to livestock resWicted areas. WHEREAS, the current provisions of Title 7 of the Bremerton Municipal Code relating to animal control were recently enacted to provide for updated enforcement; and WHEREAS, the City Council desires to amend the provisions relating to animal control in order to provide a more efficient and effective hearing process relating to animal control authority decisions and to provide for other related amendments; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION L Chapter 7.12 of the Bremerton Municipal Code entitled" Dangerous Animals" is hereby amended to read as follows: Chapter 7.12 DANGEROUS ANIMALS 7.12.010 POTENTIALLY DANGEROUS ANIMALS. (a) Declaration of an animal as potentially dangerous. The animal control authority shall have the authority to declare and restrict an animal potentially dangerous, if the animal control authority has probable cause to believe that the animal falls within the definitions set forth in Section 7.04.020(v). The declaration must be based upon: (1) The written complaint of a citizen who is willing to testi¢ that the animal has acted in a manner which causes it to fall within the definition of Section 7.04.020(v); (2) Animal bite reports filed with the animal control authority; (3) Actions of the animal witnessed by any employee of the animal control authority or law enforcement officer; or (4) Other substantial evidence. (b) Exclusions. An animal shall not be declared potentially dangerous if the animal control authority determines, by a preponderance of the evidence, that the threat, injury, or bite alleged to have been committed by the animal was sustained by a person who was at the time committing a willful trespass or other tort upon the premises occupied by the owner of the animal, or who was tormenting, abusing, or assaulting the animal, or who had been in the past observed or reported to have tormented, abused, or assaulted the animal, or who was committing or attempting to commit a cdme. (c) Restrictions. The animal control authority may impose any or all of the following Animal Control restrictions on an animal to protect the public safety or other animals: (1) Training. The animal control authority may require the owner of the potentially dangerous animal and the animal to attend, complete, and pay all costs associated with an accredited obedience/training class or seminar. The animal control authority shall pre-approve any choice of class by the owner of the animal, and proof of satisfactory completion of such training shall be provided to the animal control authority upon completion, even if such type of training has been completed by the animal in the past. (2) Restraint. The animal control authority may require the owner of the potentially dangerous animal to muzzle, leash, collar, confine, lock, isolate, or remove the animal from the City, or any combination of the foregoing. (3) Indemnification. The animal control authority may require the owner of the potentially dangerous animal to prove purchase of liability insurance or bond and renewals in the amount of $50,000.00 or more, as set by the animal control authority. The insurer/bond issuer must be qualified ander Title 48, RCW, and must provide coverage/funds to offset any injuries inflicted by the potentially dangerous animal. All costs associated with the insurance/bond must be paid by the insured. (4) Waming. The animal control authority may require the owner of a potentially dangerous animal to post all entrances to any property where such animal is located with such visible warning sign(s) as the animal control authority deems necessary. (5) Financial responsibility. The animal control authority may require the owner of a potentially dangerous animal to pay any costs associated with enforcement of this section including, but not limited to, those stated above. (d) Prohibited ownership. No person(s) under the age(s) of eighteen years old shall own a potentially dangerous animal, as defined in Section 7.04.020(v). (e) Notice of animal control authority declaration. If the animal control authority receives a report of a potentially dangerous animal, it shall immediately initiate an investigation including, but not limited to, interviewing the complainant(s), interviewing the owner of the animal, if known, and observing the animal. Upon completion of its investigation, if the animal is declared potentially dangerous, the animal control authority shall prepare a written declaration. The declaration shall include, but is not limited to, a description of the animal, the name and address of the owner of the animal, if known, a brief summary of the facts upon which the declaration is based, a statement of any restrictions placed on the animal or owner as a consequence of the declaration, a statement of the penalties for further violations, and notice of the right to appeal the declaration. (f) Service of notice of declaration. The animal control authority shall personally serve or send by certified mail its declaration to the owner of the animal. If the owner is unknown, the animal control authority shall make reasonable efforts to notify the owner of its written declaration. (g) Appeal to the municipal court hearing examiner. The owner of an animal declared potentially dangerous shall have fomat~seven (7) calendar days from receipt of the written declaration to appeal the declaration to the C~municipal Gc_ourt t4hearings ]g_examiner pursuant to BMC 2.62.045. Unless otherwise agreed to by the animal owner, the appeal hearing must be scheduled to be heard within 21 calendar days from the City's receipt of the notice of appeal ur~,~ ......... ~,~ .~ ..... c .... :":~- '~ ""~*~ .... *:~ cf ~The ~municipal Gc_ourt t4hearings tgexaminer shall ~ .. .... ~ ~..~- ~.~ ,~.~ ~.~.~ ...... : ..... a written notice of the heating d t d ~vv ........... e, ................. e, .............. provide a e an Animal Control time to the owner of the potentially dangerous animal and to rthe animal control authority, and ~. Such notice must be provided at least seven (7) calendar days prior to the scheduled hearing. (h) Hearing before the municipal court hearing examiner. At the appeal hearing before the municipal court hearing examiner, the animal control authority shall have the burden of proving that the animal is potentially dangerous by a preponderance of the evidence. The owner of the animal may present evidence in defense of the animal. The municipal court heating examiner shall weigh the evidence presented by both the animal control authority and the owner (if applicable), and shall issue a written decision to the appealing animal owner and animal control authority that either sustains or reverses the animal control authority's declaration. Ift~z t'/ C ~. P. gxam ....................................... o6 (i}) Change of ownership, custody, and/or residence. Owners of an animal that has declared potentially dangerous who sell, barter, or otherwise transfer the ownership, custody, or residence of the animal shall, within fourteen calendar days of the change, inform the animal control authority in writing of the name, address, and telephone number of the new owner, and/or the address of the new residance where the animal is located. Such notice shall also include the name, description, and license number of the animal. In the event the ownership and/or custody of thc animal change, the owner shall notify the new owner in writing of the details of the animal's record relating to being declar~l potentially dangerous and the terms and conditions of the declaration. The owner shall also provide the animal control authority with a copy of the written notification that shall contain a notarized statement by the new owner acknowledging receipt of the original notification. (iii) Failure to abide by restraints. Failure on the part of the owner{s) of a potentially dangerous animal to abide by the restraints placed upon the owner(s) or their animal by the animal control authority, municipal court hearing examiner, district court, or superior court may result in impoundment of the potentially dangerous animal by the animal control authority as well as further punitive action pursuant to Section 7.12.020. ?.12.020 FAILURE TO CONTROL AN ANIMAL DECLARED POTENTIALLY DANGEROUS. (a) Misd~neanor. When an animal has been pm¥iously declar~xi potentially dang~ous, by a court, animal control authority or municipal court hearing examiner, the owner of the potentially dangerous animal shall be ~uilty of a misdemeanor if such animal is thereal~er found: (1) At large; (2) To have, when unprovoked, inflicted a bite(s) upon a human, pet, or livestock either on public or private property; (3) To have chased or approach~l a person upon the streets, side-walks, or any other public grounds in such a manner as to si§nificantly threaten the safety ofhamans, pets, or 3 7 Animal Control livestock; or (4) To have caused injury to or otherwise threatened the safety of humans, pets, or livestock. This section shall not preclude immediate criminal prosecution under RCW 16.08.100 in a first bite situation causing severe injury or death of any human. (b) Impoundment of potentially dangerous animals. In the event that a potentially dangerous animal is impounded due to the owner's failure to abide by the restraints imposed by the animal control authority, municipal court hearing examiner, district court, superior court or _mMunicipal court, the animal shall be forfeited to the Animal Control Authority unless the owner of the animal makes a written request for a hearing before the municipal court heating examiner in the same manner as an appeal pursuant to BMC 2.62.045 within seven (7) calendar days of the date the notice of impound was provided. Ifa heating is requested, the hearing must be scheduled to be heard within twenty one (21) calendar days from the City's receipt of the request for a hearing, unless otherwise agreed to by the animal owner. ' ' ~T;he municipal court hearing examiner toshall determine whether it is in the best interest of the community that the animal should be returned to the owner, forfeited by the owner to the Animal Control Authority, or euthanized by the Aanimal Ceontrol Aauthority. The municipal court hearings examiner shall provide written notice of the heating date and time to the owner of the animal and to the animal control authority. Such notice must be provided at 1 (7) 1 d d prio th hd 1 dh ah eastseven caen ar ays rto esc e ue e ng 7.12.030 DANGEROUS ANIMALS. (a) Declaration of an animal as dangerous. The animal control authority shall have the authority to declare an animal as dangemns, if the animal control authority has probable cause to believe that the animal falls within the definitions set forth in Section 7.04.0200). The declaration must be based upon: (1) The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of Section 7.04.0200); (2) Animal bite reports filed with the animal control authority; (3) Actions of the animal witnessed by any employee of the animal control authority or law enforcement officer; or Animal Control (4) Other substantial evidence. (b) Exclusions. An animal shall not be declared dangerous if the animal control authority determines, by a preponderance of the evidence, that the threat, injury, or bite alleged to have been committed by the animal was sustained by a person who was at the time committing a willful trespass or other tort upon the premises occupied by the owner of the animal, or who was tormenting, abusing, or assaulting the animal, or who had been in the past observed or reported to have tormented, abused, or assaulted the animal, or who was committing or attempting to commit a crime· (c) Possession unlawful. It shall be unlawful to possess an animal, inside the City Limits of Bremerton, that has been declared to be dangerous by any agency, animal control authority, municipality or court. This prohibition on possession does not apply to the animal control authority or police department. It is a Gross Misdemeanor to violate this provision. (d) Euthanasia. If the animal control authority determines that the restrictions placed on the ownership of dangerous dogs/animals by RCW 16.08 or other applicable state statutes are insufficient to protect the public from a particular animal declared dangerous, the animal control authority may order the animal euthanized. (e) Notice of animal control authority declaration. If the animal control authority receives a report of a dangerous animal, it shall immediately initiate an investigation including, but not limited to, interviewing the complainant(s), interviewing the owner of the animal, if known, and observing the animal. Upon completion of its investigation, if the animal is declared dangerous, the animal control authority shall prepare a written declaration. The declaration shall include, but is not limited to, a description of the animal, the name and address of the owner of the animal, if known, a brief summary of the facts upon which the declaration is based, a statement of any restrictions placed on the animal or owner as a consequence of the declaration, a statement of the penalties for further violations, and notice of the right to appeal the declaration. (f) Service of notice of declaration. The animal control authority shall personally serve or send by certified mail its declaration to the owner of the animal. If the owner is unknown, the animal control authority shall make reasonable efforts to notify the owner of its written declaration. (g) Appeal to the municipal court hearing examiner. The owner of an animal declared dangerous shall have fcuXccn seven (7) -calendar days~ from receipt of the written declaration, to appeal the declaration of the animal control authority to the ~ _mMunicipal cGourt _htgearings _eGxaminer pursuant to BMC 2.62.045· Unless otherwise agreed to by the animal owner, the appeal hearing must be scheduled to be heard within 21 calendar days from the City's receipt of the notice of appeal ur~,~.: ......... ~.~. ~ ..... c .... ~.,:~ ,,.~ · ' , ~The C-~_n-d~unicipal cGourt _hl4earings _et~xaminer shall ~ ~.~.~..~ ~ ~-~ ~.~c~ ,~.~ ~ ~.xamincr and provide written notice of the hearing ~c ....... an appeal .......~, ................. ~ date and time to the owner of the-datagerous animal~ and the animal control authority, and the (h) Hearing before the municipal court hearing examiner. At the appeal hearing before the municipal court hearing examiner, the animal control authority shall have the burden of proving that the animal is dangerous by a preponderance of the evidence. The owner of the animal may present evidence in defense of the animal. The municipal court hearing examiner shall weigh the evidence presented by both the animal control authority and the owner (if applicable), and shall issue a written decision to the appealing animal owner and animal control authority that either sustains or reverses the animal control anthority's declaration. If the declaration is sustained or reversed by the municipal 5 / ~ Animal Control court hearing examiner, the appealing animal owner or the animal control authority shall be notified of the right to appeal. If the declaration is reversed and an appeal is not timely filed by the animal control authority, any restrictions on tho animal previously imposed shall be annulled. 0J) Change of ownership, custody, and/or residence. Owners of an animal that has been declared dangerous who sell, barter, or otherwise transfer the ownership, custody, or residence of the animal shall, within fourteen calendar days of the change, inform the animal control authority in writing of the name, address, and telephone number of the new owner, and/or the address of the new residence where the animal is located. Such notice shall also include the name, description, and license number of the animal. In the event the ownership and/or custody of the animal changes, the owner shall notify the new owner in writing of the details of the animal's record relating to being declared dangerous and the terms and conditions of the declaration. The owner shall also provide the animal control authority with a copy of the written notification that shall contain a notarized statement by the new owner acknowledging receipt of the original notification. 7.12.040 FA!LURE TO CO.NTROLPOSSESSION OF AN ANIMAL DECLARED DANGEROUS. (a) Gross Misdemeanor. When an animal has been previously declared dangerous, by a court, animal control authority or municipal court hearing examiner, the owner of the dangerous animal shall be guilty of a gross misdemeanor if such animal is thereafter found: (1) In the owner's possession inside Bremerton City limits; o_jr (2) Inside City limits under circumstances evidencing that the animal was intentionally brought into the City by the owner or at the request or acquiescence of the owner.:Fo (b) Impoundment of dangerous animals. In the event that a dangerous animal is impounded due to the animal being found within the Bremerton City limitszwner: .~Lur: to ~.~..,..,.. ............ ~,~.,"' ........... ~.~. court,, the ammal shall be forfeited to the Animal Control Authority unless the owner of the animal makes a written request for a heating within sheJ2Ja~ seven (7) calendar days of the date the notice of impound was provided to the owner of the animal. Ifa heating is requested, the hearing must be scheduled to be heard within twenty one (21) calendar days from the day of the City's receipt of the request for a hearing before the municipal coua heating examiner in the same manner as an appeal pursuant to BMC 2.62.045, unless otherwise agreed to by the animal owner, by-Tthe municipal court heating examiner Animal Control shallto determine whether it is in the best interest of the community that the animal should be returned to the owner, forfeited by the owner to the animal control authority, or euthanized by the animal control authority. The municipal court hearing examiner shall provide written notice of the hearing date and time to the owner of the potentially dangerous animal and to the animal control authority. Such notice must be provided at least seven (7) days prior to the scheduled hearing ...................... SECTION2. Section 7.14.010 of the Bremerton Municipal Code entitled "Misdemeanors/Gross Misdemeanors" relating to animals is hereby amended to read as follows: 7.14.010 MISDEMEANORS/GROSS MISDEMEANORS. (a) The following are declared to be misdemeanors: (1) Removing License Tag. For a person other than the owner, keeper or other authorized person to remove the license tag fi.om an animal required or permitted to be licensed pursuant to this title; (2) No Valid License. To operate a commercial pet facility, animal welfare facility, or grooming parlor without a valid license; (3) Regulato~ Violations. To operate a commercial pet facility, animal welfare facility, or grooming parlor in a fashion contrary to that required by Section 7.08.030; (4) Failure to Respond. To fail to respond to a notice of infraction issued pursuant to Section 7.14.030; (5) Abandonment of Animal. For an owner or keeper to have an animal under circumstances which manifest an intent to abandon it; (6) Selling an Ill or Injured Animal. For an owner or keeper to sell an animal knowing it to be ill or injured without first disclosing such knowledge to buyer; (7) Refusal to Quarantine. For an owner or keeper to refuse to quarantine or permit the quarantine of an animal when and as required by Section 7.10.020; (8) Interfering with impounding. For a person to prevent, obstruct or hinder the impoundment of an animal pursuant to Section 7.10.010; (9) Possession of Any Creature that is Venomous, Poisonous, Wild or otherwise prohibited. For a person to own or maintain any lion, tiger, bear, monkey, chimpanzee, gorilla, cougar, Animal Control mountain lion, badger, wolf, hybrid, coyote, fox, lynx, alligator, camen, crocodile, or venomous/poisonous creature, or other wild animals; provided, that circuses, zoos, licensed trappers and animal welfare organizations are exempt from this regulation if proper safeguards are taken, as required in the event permitting process, to protect the public and that the animal control authority is notified of their arrival and duration of stay in the City. Provided further, that state-registered wildlife rehabilitation centers are exempt fi:om this section with regard to care and rehabilitation of those wild animals that are indigenous to North America; (10) Possession of any snake over 7 fi in length. For an owner and/or keeper of an animal to maintain possession of any snake after it has exceeded 7 feet in length. ........... J .............................. e, ....... ~, .......... J '-'~-c, ...... Possession of Livestock. For an owner and/or keeper of livestock to own or possess livestock inside Bremerton City Limits. This provision shall not apply to individuals in the process of transporting livestock through the City when such entry into the City is of minimal duration and the livestock are properly secured for transport in a cage or other suitable enclosure. (I 2) Cruelty to Animals. Any person who is in any manner or by any means commits an ac,~,,..,~ of_.~ ,,ruelty to any animal is guilty of a misdemeanor. Examples of cruelty for the purposes of this section are as follows (this list is not intended as or to be interpreted as an inclusive limited list): (i) Willfully or inhumanely injure or kill any animal; (ii) Intentionally cause or fail to alleviate any pain, suffering or injury of any animal; (iii) Willfully lay out, leave or expose any poison intended for animals or fowl on any premises, or aid or abet any person in so doing, unless in accordance with the provisions of RCW 16.52.190; (iv) Confine an animal within a motor vehicle under conditions that may endanger the health or well-being of the animal, including but not limited to extreme temperatures or lack of food or water. Any animal control or police officer is authorized to remove an animal from a motor vehicle, at any location, when the officer reasonably believes the animal is confined in violation of this section. An animal so removed shall be delivered to the animal control shelter of the animal control authority. The removing officer shall leave written notice of the removal and delivery, including the officer's name in a conspicuous, secure location on or within the vehicle. (13) Fail ' ' -- ....... ' 'fl ure to control an animal declared potentially dangerous._ e ........See (14) Failure to report striking of an animal with a vehicle. Any person who fails to report the striking of an animal to the animal conlrol authority or law enforcement. No person shall be held liable for the injury or death of an animal under this section unless found to have committed a crime pursuant to the provisions of RCW 16.52 or this section; Animal Control (b) The following are declared to be gross misdemeanors; (1) Obstructing a law enforcement officer/animal control authority. For any person to willfully hinder, delay, or otherwise obstruct any law enforcement officer including, but not limited to, any animal control authority employee in the discharge of the employee's official powers or duties; (2) Possession of o~f~flq~.~al~-an animal previously declared dangerous. See BMC ' - ~- ....... -~ ' ' Section 7.12.040, ,,~ ....... ~ ....~ ~^"+'^~ ~'"~'~-'"' ~' ~'~":- ~ (3) Habitual violators. Any owner receiving ,~,;'o er ,,'narc any combination of four or more: (i) ~Convictions, singularly or in combination, of crimes relating to animals within a five-year periodi; and/or (ii) four-ormao~e-infractions under BMC Title 7, singularly or in combination, pursuant to Section 7.14.030 found to be committed by the Municipal court within a five-year period shall be guilty of a Gross Misdemeanor for each additional act constituting a crime or infraction under BMC Title 7. SECTIONS. Section 7.14.030 of the Bremerton Municipal Code entitled "Infractions" relating to animals is hereby amended to read as follows: 7.14,030 INFRACTIONS. (a) The following are declared to be Class 1 civil infractions: (1) Animal at large. For the owner of a pet or livestock to suffer or permit such animal to leave the premises of the owner, unless the animal is under physical restraint adequate to the size and nature of the animal or is sufficiently near its owner to be under its owner's direct control and is obedient to its owner's commands, except that all dogs must be leashed when not on the premises of the owner. Exceptions to this restriction are pets engaged in formal training, hunt or competition, or service dogs engaged in an activity for which they are trained or in service; (2) Animal in heat. For the owner of a pet in heat to keep such an animal where it is accessible to male animals, unless such accessibility is for the purpose of planned breeding; (3) Animal noise. For any person(s) to own any animal which by its barking, howling, baying, squealing, crowing, crying, bleating, screeching, or making any other noise by its volume or frequency unreasonably disturbs or interferes with the peace of any person(s) for more than fifteen minutes in any one-hour period of any day, and is documented by three or more separate episodes of such noise in a sequential seven-day period. The burden is upon the owner of such animal(s) to maintain quiet. Exceptions to this subsection are fa.~'7_ ~-:~ :- ~ommercial pet facilities, animal welfare facilities, veterinary hospitals, or grooming parlors otherwise in compliance with the Bremerton Municipal Code including, but not limited to Section 7.08.030, or those who can substantiate that such animal noise was caused Animal Control by an injury or illness of the animal(s) or by willful trespass, torment, or abuse of the animal(s) on its property by others. Enfomement may be undertaken only upon written receipt of a complaint made to either the animal control authority or law enforcement by a person(s) residing at or who is employed in an area affected by such public noise disturbance. Any such animal(s) shall be deemed a nuisance and may be seized and impounded, pursuant to Section 7.10.010(a), if the disturbance reoccurs after the owner or custodian of such animal(s) has received two written warnings from either the animal control authority or law enfomement within a calendar year; (4) Damaging property. For the owner of a pet or livestock to suffer or permit the animal to leave the premises of the owner and thereafter cause damage to any thing of value or any other pet or livestock; (5) Disturbing pedestrians. For the owner of a pet or livestock, when off the property of the owner ~r ;.n a whet!ed ~,'eh~c!e, to suffer or permit the animal to disturb people lawfully on public ways. For the purpose of this section, "disturb" shall mean to chase or approach a person upon the streets, side-walks, or any other public grounds or private property in a menacing fashion or apparent attitude of attack; (6) Chasing vehicles. For the owner of a pet or livestock to suffer or permit the animal to chase or run at or after vehicles lawfully on public ways; (7) Reporting and releasing stray animals. For any person to fail to notify the animal control authority that a stray pet or livestock is in the person's possession, or to refuse to release such stray animal to the animal control authority upon demand; (8) Releasing animal. For any person except the owner or other authorized person to release any pet or livestock from confinement; (9) Excess number of animals. To own more than a total of four (4) household pets as provided in BMC 7.08.010(0 at the same place or residence without a valid commercial pet facility or animal welfare facility license; (10) Failure to license. To fail to license a cat or dog as required by Section 7.08.010(a); (11) Animal bites. To own a pet or livestock that bites a person while such person is on public property or lawfully on private property; (12) Agitating an animal. To intentionally agitate,- harass, or provoke a pet or livestock; (13) Failing to notify animal control authority of change of ownership, custody, and/or residence. For any owner of an animal that has been declared dangerous or potentially dangerous to sell, barter, or otherwise transfer the ownership, custody, or residence of such an animal without notifying the animal control authority within fourteen calendar days of the change as required by Section 7.12.0100) or to otherwise fail to comply with the requirements of that section; (14) Sale, barter, or other transfer of pets in public places prohibited. It is unlawful to sell, barter, or otherwise transfer for the purpose of changing ownership any pet in an area open to the public, unless such activity is pursuant to Section 7.08.030, or occurs at a sanctioned dog or cat show; (15) Failure to provide adequate care. For any owner of a pet or livestock to fail to: 10 ~ ~ Animal Control (i) provide adequate food and water for any pet or livestock, as defined in Section 7.04.020(1); (ii) provide adequate shelter for any pet or livestock, as defined in Section 7.04.020(2), except as may be appropriate for short term medical requirements or generally accepted livestock husbandry practices such as swine farrowing; (iii) provide appropriate habitat and medical care; or (iv) maintain facilities housing pets in a healthful, sanitary, and safe manner. ...................... J ,~,,J .......................................................~, a reasonable (-1-7-1_b.) Transporting a pet or livestock in the open bed of a pickup truck or other outside part ora vehicle unless a suitable hamess, cage, or enclosure is utilized and attached so as to protect such animal from falling or being thrown from the vehicle, and would not by its design or application cause injury to the animal; (-1-817) Pets chasing livestock. For the owner of a pet to permit that animal to harass or chase another owner's livestock, when not engaged in the specific work of herding approved by the owner of the livestock; (4-918) Animal waste. For the owner of a pet to fail to remove deposits of fecal material originating from the owner's animal from public or private property unless the owner of such property has given permission for such material to be deposited. This shall not authorize such deposits as are otherwise governed by public health regulations or other provisions of this code. (2-O19) Outdoor Feeding. To feed or allow any domestic or wild animals or birds to feed outdoors at such times and in such numbers that feeding birds or animals create and unreasonable disturbance or accumulation of droppings on surrounding properties, including public property. (20) Ownership or possession by a person under the age of eighteen years old of any dangerous or potentially dangerous animal. SECTION4. Chapter 7.16 of the Bremerton Municipal Code entitled "Livestock Restricted Areas" is hereby repealed in its entirety. SECTION $. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. 11 c:~ ~ Animal Control SECTION 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ., 2003 PASSED by the City Council the day of ,2003 CAROL AP.ENDS, Council President Approved this day of ,2003 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2003 EFFECTIVE the day of ,2003 ORDINANCE NO. R:\LEGAL\OrdinancesXAdministrationXAnimal Control Amendment.doc 12 ~ ~ Animal Control DATE SUBMITTED: August 4, 2003 BILL # 0 ~-4 [ ~,~ AGENDA BILL CITY OF BREMERTON 9/~ CITY COUNCIL SUBJECT: PUBLIC HEARING ON Committee Meeting Date: August 19, 2003 ORDINANCE AMENDING CHAPTER COUNCIL MEETING Date: Aug. 27 & Sep. 10, 2003 2.05 RELATING TO APPOINTMENT Department: City Attorney's Office AND CONFIRMATION OF Presenter: Simon Stocker DEPARTMENT DIRECTORS Phone: 473-2345 SUMMARY: The current provisions of Chapter 2.05 BMC provide for submission of a job description and employment contract to Council only upon request of the City Council prior to confirmation, appointment or provisional appointment to a director's position. The proposed ordinance removes the language "as requested" and requires submission of a job description and professional services contract prior to confirmation, appointment or provisional appointment to a director's position. The ordinance also eliminates the requirement for submission of a job description and employment contract for provisional appointments. ATTACHMENTS: Proposed ordinance FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: I move to approve the proposed ordinance on first reading. I move to pass Ordinance No. on second reading. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 2.05 entitled "Deparhuents and Directors;" by revising provisions relating to the approval of job descriptions of department directors prior to confirmation of appointment. WHEREAS, the City Council desires to revise the provisions relating to the approval of job descriptions of department directors prior to confirmation of appointment; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION1. Chapter 2.05, of the Bremerton Municipal Code entitled "Departments and Directors" is hereby amended by amending Section 2.05.020 relating to appointment of department directors to read as follows: 2.05.020 APPOINTMENT AND CONFIRMATION OF DEPARTMENT DIRECTORS. (a) Mayoral appointments of department directors shall be subject to confirmation by the City Council. Prior to an appointment or a provisional appointment to a newly created department director's position or prior to confirmation of an appointment er prc;'isiena! ap~,~;,ntment to a vacancy of department director's position, a job description for the position as well as the anticipated employment ' ' contract, if any, shall be submitted to the City Council for review and approval as--r-~. The appointment and confirmation shall be pursuant to the terms and conditions as approved by the City Council. The Mayor may make provisional appointments to fill the vacancy of a department director. No provisional appointment(s) to a non-civil service department director's position shall extend beyond one hundred twenty (120) days from the date of original appointment without the consent of the City Council. Provisional appointments to a civil service department director's position shall be made pursuant to civil service rules. Upon the provisional appointment to a vacancy, the Administration shall notify City Council of such appointment. (b) The appointees, when confirmed, shall serve as "at will" employees subject to termination by the Mayor without cause at any time with no notice or hearing unless otherwise provided pursuant to applicable civil service mle or regulation, the City Charter, ordinance, or terms and conditions as approved by the City Council. (c) Pursuant to the City Charter, the City Attorney may be removed by the Mayor with the concurrence of a majority of the City Council sitting as a whole, or by the City Council alone, provided that removal by the City Council alone shall require a 2/3rd vote of the entire City Council. SECTION2. Severabilitv. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not 1 Director Job Description affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2003 PASSED by the City Council the day of ,2003 CAROL ARENDS, Council President Approved this day of ., 2003 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attomey PUBLISHED the day of ., 2003 EFFECTIVE the day of ., 2003 ORDINANCE NO. RSLEGAL\Ordinances~AdrainistrationXDirector Job Description.dec Director Job Description DATE SUBMITTED: August 19, 2003 BILL # ~3- {/o b AGENDA BILL CITY OF BREMERTON 9 C~ CITY COUNCIL SUBJECT: Authorizing Interfund loans to Committee Meeting Date: August 19, 2003 the Wastewater Utility Fund from the Water COUNCIL MEETING Date: August 26, 2003 Utility Fund and Real Estate Excise Tax Department: PW Dept/Finance Dept Fund Presenter: Gene Sampley and Michael R. Wilson Phone: 473-5590 SUMMARY: The Wastewater Utility has debt financing payments due on September 1, 2003 in the amount of $2,473,810 for the 1992 and 1994 Water and Sewer Revenue Bonds. The Wastewater Utility has a history of cash deficiencies necessitating the Utility to secure interim funding in the form of interfund loans in order to make these upcoming debt service payments. These loans shall be secured from the City's Water Utility Fund and Real Estate Excise Tax Fund and repaid to these respective funds from the Wastewater Utility Fund on or before December 31,2003, with interest at a rate of 2.5% per annum. ATTACHMENTS: A. Resolution authorizing an interfund loan to the Wastewater Utility Fund from the Water Utility Fund and Real Estate Excise Tax Fund; and B. June, 2003 Cash Flow Report. FISCAL IMPACTS (Include Budgeted Amount): The fiscal impact to the Wastewater Utility Fund will be the cost of interest accrued and to be paid on these loans (estimated not to exceed $20,000). APPROVALS: DEPARTMENT DIRECTOR: ; CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: ; ~k'~ .~-.¢-.;,, -' , / CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: >' ' RECOMMENDED MOTION: It is recommended that the City Council move to approve Resolution No. &q0~t authorizing the Director of Finance to make interfund loans from the Water Utility Fund (Fund 401) and the Real Estate Excise Tax Fund (Fund 109) to the Wastewater Utility Fund (Fund 451) in the amount not to exceed $2,473,810. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action RESOLUTION NO. o~}0~ A RESOLUTION of the City of Bremerton, Washington, authorizing interfund loans to the Wastewater Utility Fund from the Water Utility Fund and Real Estate Excise Tax Fund. WHEREAS, the Wastewater Utility Fund (Fund 451) has debt financing payments due on September 1, 2003, in the amount of $2,473,810 for the 1992 and 1994 Water and Sewer Revenue Bonds; and WHEREAS, the Wastewater Utility Fund has a history of cash deficiencies and the Wastewater Utility Fund will not have sufficient resources available by the September 1 due date to make the total debt payments without interim funding support; and WHEREAS, reserve cash in an amount sufficient to meet the Wastewater Utility Fund's interim funding needs is presently on hand within the Water Utility Fund (Fund 401) and Real Estate Excise Tax Fund (Fund 109) to accommodate an interfund loan through the end of the fiscal year; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Bremerton's Director of Finance is hereby authorized and directed to make interfund loans from the Water Utility Fund (Fund 401) and Real Estate Excise Tax Fund (Fund 109) to the Wastewater Utility Fund (Fund 451) in the amount not to exceed $2,473,810 to meet the 1992 and 1994 Water and Sewer Revenue Bonds debt payment obligations of the Wastewater Utility Fund. These loans shall bear interest at a rate of 2.5% per annum and shall be repaid to the Water Utility Fund and Real Estate Excise Tax Fund from the Wastewater Utility Fund on or before December 31, 2003. SECTION 2. Severabilit¥. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington, on this day of 2003. CAROL ARENDS, Council President APPROVED AS TO FORM: ATTEST: ROGER LUBOVICH, City Attorney KATHLEEN L. McCLUSKEY, City Clerk 0000000000000 o °° oogo°~° CITY OF BREMERTON TREASURER'S REPORT CASH FLOW ACTIVITY BY FUND FOR THE MONTH ENDING JUNE 30, 2003 BEGINNING ENDING FUND CASH AND CASH AND INVESTMENTS RECEIPTS DISBURSEMENTS INVESTMENTS 001 GENERAL $ 955,774.56$ 2,810,389.34 2,813,204.99 $ 952,958.91 101 ARTERIAL STREET 564.251.51 21,926 07 180,918.63 405,258.95 102 STREET 115,56996 155,675.98 167,144.41 104~101.53 103 CONTINGENCY RESERVE 314,215,38 447.96 4,166.00 310,497.34 104 CIVIC IMPROVEMENT 171,394.41 22,348.01 10,595.59 183,14683 105 PARKING SYSTEM REVENUE 73,397.68 105,864.30 183.00 179,078.98 106 COMMUNITY DEV. BLOCK GRANT 951,376.95 17,524.53 48,009.86 920,891.62 108 ABATEMENT REVOLVING 135,274.40 1,29285 2,393.34 134,173.91 ',-~09 REAL ESTATE EXCISE TAX 2,116,14578 68,148.49 Q00 ~,1~,294.27 110 POLICE SPECIAL PROJECTS 222,139.56 16,566.69 3,859.01 234,847.2,~ 112 PARK DEVELOPMENT 327,030.88 15,576.55 161,175.73 181.431,70 113 PUBLIC ACCESS TELEVISION 25,619.18 8,894.83 20,027.21 14,486,80 114 GIFT AND DONATION 84,400.74 3,046.57 2,471.77 84,97554 115 DISCRETIONARY RESERVE 1,009,833,93 1,439.65 0.00 1,011,273.58 201 BOND FUND 575,311.46 218,035.07 360,732.56 432,61397 202 LID. GUARANTY 38,308.26 5461 0.00 38,362.87 301 CONFERENCE CENTER 8,544,919.57 15,410.67 23,612.42 8,536,717.82 302 PUBLIC SAFETY PROJECTS 11,541,616.92 55,197.37 278,582.15 11,318,232.14 401 WATER UTILITY 1,151,621.56 1,548,865.88 1,527,439.65 1,173,047.79 407 GOLD MOUNTAIN GOLF COURSE 264,050.06 404,895.82 555,161.18 ~ 451 WASTEWATER UTILITY 533,548.37 1,193,589.62 551,435.06 1,175,702.93 481 STORMWATER UTILITY 81,008.59 106,695.72 62,708.52 124,995.79 503 RISK MANAGEMENT 975,721.17 26,461.29 39,870,12 962,312.34 510 EQUIPMENT RENTAL RESERVE 3,610,490.19 55,104.24 77,275.41 3,588,319.02 641 SALARY CLEARING 2,313.80 1,357,798,45 1,342,407.12 17,705.13 643 ADMINISTRATIVE TRUST 91,23267 89,022.82 31,098.58 149,156.91 645 WATER/SEWER CLEARING 3,600.00 1,526,406.97 1,525,944.37 4,062.60 TOTAL ALLFUNDS $ 34,480,167.54 $ 9,846,680.35 $ 9,790,416.68 $ 34,536,431.21