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