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HomeMy WebLinkAbout06/02/04 AGENDA FILE 239 4th SfreeJ * Bremerton, WA 98337 * Phone (360) 478-5280 · Fax (360) 478-5251 CITY COUNCIL MEETING AGENDA JUNE 2, 2004 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 CONSENT AGENDA A. Claims & Check Register (#AB04-099) B. Minutes of Meeting - May 19, 2004 (#AB04-100) 4. MAYOR'S REPORT 5. NEW BUSINESS - There are no NEW BUSINESS items this week... 6. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Ordinance No. 4899 [Second Reading] amending Bremerton Municipal Code 21.02 relating to Notice Requirements for Final Subdivision Plats (#AB04-094) B. Ordinance No. 4900 [Second Reading] relating to the Restructuring of the "Department of Finance" and "Department of Administrative Services" into the "Department of Financial Services"; and creating a new position of Finance Officer at Salary Band 16; and new Job Descriptions for the position of "Director of Financial Services", "City Clerk", "Assistant Finance Officer'', and "Budget Analyst"; and approve a Budget Adjustment to increase the Department of Financial Services in the amount of $40,000 (#AB04-096) C. Resolution No. 2926 [Second Reading] adopting new City Council Rules & Procedures (#AB04-097) D. Resolution No. 2928 authorizing lAC Grant Application for Skateboard Park (#AB04-101) 7. PUBLIC RECOGNITION - Comments limited to 3-minutes 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING Immediately following the Council Meeting, the Council Members will convene in the Council Conference Room for a Study Session to hear presentations on the following items: 1. Information Update on the Fire Department with Chief Al Duke 2. Proposed Emergency Ordinance adopting the International Fire Code with local amendments - Fire Chief Al Duke; and Brett Vinson, Assistant City Attorney 3. Proposed Emergency Ordinance adopting the International Building Code, the International Residential Code, the International Mechanical Code and the Uniform Plumbing Code - Jim Svensson, Department of Community Development; and Brett Vinson, Assistant City Attorney E-mall citycounc[l@ci.brernerfomwa.us · Web: www. ci.bremerton.wa us DATE SUBMITTED: t4^¥ 27, 200t4 BILL# Oq" /~O AGENDA BILL CITY OF BREMERTON 3 ~ CITY COUNCIL SUBJECT: Minutes of Meeting- Committee Meeting Date: N/A ~q/~Y 19, 200t~ COUNCIL MEETING Date: dOblE 2, 200l¥ Department: City Council Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held tqay 19, 200t~ ATTACHMENTS: Minutes for gay 19, 200~4 FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: ~ ~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action TAPE #1949 CITY COUNCIL MEETING MINUTES Wednesday, May 19, 2004 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4~h Street, Bremerton, Washington, Wednesday, May 19, 2004, at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were Mike Short, Wilt Maupin, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell, and Brad Gehring. Council Member Carol Arends was absent. Aisc present were City Attorney Roger Lubovich; Interim City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McCennell, followed by the invocation provided by Pastor Rick Beautify of Calvary Chapel. President Nyqren made the following announcements: 1. The Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM; 2. Immediately following the regular business portion of the meeting, the Council will convene in the Conference Room for a 20-Minute Executive Session to "CONSIDER THE MINIMUM PRICE OF REAL ESTATE" per R.C.W. 42.30.110 (1)(c); followed by a 20-minute Executive Session to "REVIEW LABOR NEGOTIATIONS" per R.C.W. 42.30.140 (1)(b). CONSENT AGENDA A. Minutes of Meeting - May 12, 2004 (#AB04-066) B. Check numbers 283291, 290419, 290535 through 290770, and EFT-8189 through EFT- 8199 in the amount of $769,717.91 on the Master Check Register; and Regular Payroll for the pay period ending April 30, 2004 in the amount of $1,172,036.96 (#AB04-087) #0045 M/S/C/U (McConnell/Priest) Move to approve the Consent Agenda as presented. MAYOR'S REPORT - There was no MAYOR'S REPORT tonight... In the Mayor's absence, Council President Daren Ny,qren read a proclamation to declare the Month of May 2004 as "Foster Parent Appreciation Month", which was accepted by Sophia Kouidou-Giles, the Washington State Area Administrator for Children & Family Services. 6A - PUBLIC HEARING AND REQUEST BY THE KITSAP COUNTY HEALTH DISTRICT FOR AN AMENDMENT TO THE 2004 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED PLAN (#AB04-088): Shirley Aird, CDBG Coordinator, explained that the Kitsap County Health District has requested an amendment to their 2004 CDBG funding of $114,000 as approved by the City Council on October 8, 2003. The original application was to use funds to complete tenant improvements for clinic space in the Government Center. The requested amendment is for the funds to be used for acquisition of that space. The eligibility of the project will remain unchanged, as will the clientele served, and the ultimate result of the project will be the same. The Citizen participation plan of the Consolidated Plan requires thirty days public notice (published in THE SUN on April 15 and May 6) regarding substantial amendments to proposed projects, followed by action of the City Council at a public hearing. There were no comments from the public. #0205 M/S/C/U (ShoWMaupin) Move to approve Kitsap Community Health District's request for amendment to their 2004 CDBG funding. TAPE #1949 City Council Reg. Mtg. Minutes May 19, 2004 Page 2 of 4 6B - ORDINANCE [FIRST READING] RELATING TO UNAUTHORIZED CAMPINGT PARKING RESTRICTIONS IN PUBLIC RIGHTS-OF-WAY~ AND ENFORCEMENT OF PARKING INFRACTIONS (#AB04-075): Roqer Lubovich, City Attorney, pointed out that the current provisions of the BMC do not contain adequate provisions relating to unauthorized camping in parks or other public locations. Fudher, the provisions relating to parking restrictions in public rights-of-way and enforcement of parking violations contained in the BMC require updating. The proposed ordinance creates a new BMC chapter relating to unauthorized camping and updates provisions relating to parking restrictions in public rights-of-way, and enforcement of parking violations. Allen Shute expressed his opinion of this proposed ordinance; and asked that the ordinance be read in its entirety. Mary Lou Atkins spoke on behalf of the residents around Evergreen Rotary Park to express their concerns that traffic has increased dramatically at the Park, and that the Park does not contain the proper facilities to suppod overnight camping. Steven Daum emphasized that his neighborhood has had no problems with having recreational vehicles being parked on his street until this past year when Diamond Parking starting issuing tickets. President Nyqren informed Mr. Daum that the Parking Committee will be convening soon and perhaps this issue could be resolved. Dale Alvestad submitted an e-mail expressing his concerns for the record. Patsy Gehrinq asked for clarification on whether the City had already passed this ordinance. Mr. McConnell and Mr. Gehrin,q explained that this action tonight was to modify that ordinance. Mr. Shepherd talked about the "complaint-driven" system used for enforcement; discussed the parking problems experienced particularly on Sundays in the Evergreen Park area; and concluded that the streets are for periodic parking and for travel, not for long term storage. Mr. Short clarified that while he opposed the initial proposa[ of setting a parking limit of twelve- hours, he was not in favor of having people camping on the streets. He also believed that this ordinance does allow citizens some flexibility in moving their vehicles following camping trips. Paula Johnston., Interim City Clerk, read the proposed ordinance into the record. #1220 MIS/CIU (McConnell/Shepherd) Move to pass the proposed ordinance on first reading. PUBLIC RECOGNITION Helen Miller read a statement into the record to oppose the proposed "1% for the Arts" ordinance. Allen Shute discussed homeless issues, and "apologized" to the citizens of Bremerton for any action that the City may take due to the parking ordinance being approved, because he believed the changes were brought forward because of his parking issues. Barbara Payton, Membership Chair of the NAACP, announced the "NAACP Membership Breakfast" would be held this Saturday, May 22, from 9:00 AM to 12:00 noon at the Silverdale Red Lion Hotel. TAPE #1949 City Council Reg. Mtg. Minutes May 19, 2004 Page 3 of 4 COUNCIL MEMBER REPORTS Brad Gehrin,q encouraged anyone who could to attend the NAACP Membership Breakfast, and noted that Carl Mack, a very impressive and dynamic speaker, would be the guest speaker. Wendy Priest provided information on the Bremerton Police Citizens Academy that will run for 6-weeks on Tuesday evenings from 6:00 to 9:00 P.M., and if anyone is interested in padicipating, applications are available at the Council office or by calling 473-5280. The program starts on June 1s~. Mike Shepherd invited citizens to attend the next District 5 Neighborhood meeting tomorrow night on Thursday, May 20 beginning at 6:30 PM at the Memorial Lutheran Church to hear a presentation by Jim Spencer, Director of Parks & Recreation; and to attend the Memorial Day Ceremony in honor of all veterans on Monday, May 31 at 1:00 PM at Ivy Green Cemetery. Dianne Robinson thanked local residents and members of the Bremerton High School Step Team for their help in decorating her car for the Armed Forces Day Parade; and announced that families without computers could participate in a "Learn & Earn Your Own Computer Training Program" at the Westpark Community Center, and upon completion of the 6-week program, the family would receive a computer for use in their home. Will Maupin mentioned that as a Board Member for the Historic Ships Association, he attended a meeting with representatives from Columbia Hospitality to discuss ideas for increasing visitor turnout to the Turner Joy. He also obtained additional information about the Conference Center, and hoped to set up a briefing for the rest of the Council members very soon. Mike Short commended Police Chief Rob Forbes and all of those who were involved in honoring fallen officers at the Police Memorial Ceremony held at Evergreen Park last Friday; asked that the Parks Department follow-up on a complaint that was submitted during the recent Hydro-Fest at Kitsap Lake; and announced that the fly-bys scheduled for the Hydro-Fest were cancelled by Federal Aviation Authority. Daren Ny,clren was pleased with the turn-out at the Armed Forces Day Parade and thanked City workers for their efforts in cleaning up the streets following the parade; and thanked Police Chief Rob Forbes for his effort in organizing the Police Memorial Ceremony. Immediately following the regular business portion of the meeting, the Council convened in the Conference Room for a 20-Minute Executive Session to "CONSIDER THE MINIMUM PRICE OF REAL ESTATE" per R.C.W. 42.30.110 (1)(c). Council President Daren Ny,qren reopened the Council Meeting at 7:07 P.M. to address necessary action on real estate as discussed during the Executive Session. 9A- PURCHASE AND SALE AGREEMENT WITH HMIt LLC AND THE CITY OF BREMERTON FOR THE SALE OF CITY HALL~ 239 4TM STREETt BREMERTON (#AB04- 090): President Ny,qren explained that during executive session the following purchase and sale agreement was discussed by Council Members and action is now required. Roger Lubovich, City Attorney stated that the purchase price for City Hall is $925,000.00 with a lease back option until we need to vacate City Hall. There were no comments from the public. TAPE #1949 City Council Reg. Mtg. Minutes May 19, 2004 Page 4 of 4 Mr. Shepherd supported this purchase offer since this is the best offer the City has received. Mr. Gehrin.q clarified that HMI, LLC is the Haselwood Corporation and commented how they have been very active in the community. #'1948 M/SIC (Priest/Robinson) Move to approve the purchase and sale agreement between HMI, LLC and the City of Bremerton for the safe of City Hall, 239 4th Street, Bremerton, Washington, and to authorize the Mayor to finalize and execute the purchase and sale agreement in substantially the same terms as proposed and any and all other documents necessary to close the transaction. Voted in favor of the motion: Shepherd, Robinson, Maupin, Short, Gehring, Priest, Nygren Voted against the motion: McConnell Motion carried: 7-Yes; l-No The Council reconvened in the Conference Room for another 20-minute Executive Session to "REVIEW LABOR NEGOTIATIONS" per R.C.W. 42.30.140 (1)(b). No action was taken on this item. With no further business, the meeting of the City Council was adjourned at 7:40 P.M. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, Interim City Clerk DAREN NYGREN, City Council President City of Bremerton DN/CH/Is/cge DATE SUBMITTED: May 10, 2004 BILL # b"~ - ~) AGENDA BILL CITY OFBREMERTON 6 A CITY COUNCIL SUBJECT: Public Hearing on OrcFmance Committee Meeting Date: May 18, 2004 amending Ch. 21.02 BMC relating to notice COUNCIL MEETING Date: ~,~y 25 & June 2, 2004 requirements for final subdivision plats Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 2345 SUMMARY: Chapter 21.02 BMC requires technical corrections to Section 21.02.850 and Appendix Figures 840 and 895(a) in order to correct the hearing requirements relating to final subdivision plats. These decisions are subject to a City Council closed record decision rather than an Administrative Hearing Examiner open record public hearing as currently noted. The proposed ordinance makes the necessary corrections. ATTACHMENTS: Proposed ordinance FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: ,- CITY ATTORNEY: ~~.~_~ ~/,~ _ FINANCE DIRECTOR: , AYOR: CONSENT, OPERATIONS: COUNC~ PRESIDENT: RECOMMENDED MOTION: 1 ~ ...... F~-~I~P the p ...... 2. I move to pass Ordinance No.--~ff ~ ~ on second reading. COUNCIL ACTION: [] Approve [] Den.;' [] Table [] Continue [] No Action 6 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Sections 21.02.850 and 21.02.855 and Chapter 21.02 Appendix Figures 840 and 895(a) of the Bremerton Municipal Code relating to the type of decision and notice requirements for final subdivision plats. WHEREAS, the current provisions of Section 21.02.850 of the Bremerton Municipal Code indicate that a decision on a final subdivision plat is a Type III Administrative Hearing Examiner Decision subject to an open record public hearing; and WHEREAS, Section 36.70B.050 RCW allows for only one open-record hearing for a project permit application; and WHEREAS, the provision of Ch. 58.17 RCW require an open-record hearing during preliminary approval of a subdivision plat application; and WHEREAS, a decision on a final subdivision plat should be subject to a closed record decision by the City Council and not subject to a decision of the Administrative Hearing Examiner; and WHEREAS, the current provisions of Chapter 21.02 Appendix Figures 840 and 895(a) relating to permit processing and notice requirements also indicate that a final subdivision plat is subject to an open record public hearing; and WHEREAS, the City Council desires to make technical corrections to Section 21.02.850 and Chapter 21.02 Appendix Figures 840 and 895(a) in order to correct the type of decision and hearing requirements for final subdivision plats; and WHEREAS, the SEPA Responsible Official determined that adoption of this ordinance is categorically exempt as procedural action under WAC i97- 11-800(20); and WHEREAS, because this correction is technical in nature, recommendation by the Planning Commission and the provisions of RCW 36.70A. 106 are inapplicable; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION1. Section 21.02.850 of the Bremerton Municipal Code entitled "Type III Administrative Hearing Examiner Decisions" is hereby amended to read as follows: 1 Final Subdivision Plat 7 21.02.850 TYPE III ADMINISTRATIVE HEARING EXAMINER DECISIONS. (a) Actions: The following actions may be approved, approved with conditions, or denied, or remanded by the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC following an open record public hearing, unless noted otherwise. (12) Variance. (_23) Non-administrative Special Use Permit. (b) Decision Format: Type III decisions shall be made in writing supported by findings of fact and conclusions of law. (c) Final Decision: Type III decisions are made by the Administrative Hearing Examiner and are final when issued for purposes of appeal. (d) Appeal: Type III decisions may be appealed to Superior Court within the Twenty-one (21) calendar days following the date of issuance of the decision. SECTION 2. Section 21.02.855 of the Bremerton Municipal Code entitled "Type IV City Council Decisions" is hereby amended to read as follows: 21.02.855 TYPE IV CITY COUNCIL DECISIONS. (a) Actions: The following actions may be approved, approved with conditions, denied, or remanded by the City Council following an open record pre-decision public hearing by the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC, unless noted otherwise. Public notice is required for Type IV actions. Recommendations will be provided by the Administrative Hearing Examiner to the City Council following a public hearing. Staff may conduct additional neighborhood meetings when required or when otherwise warranted by the Director for public information or data gathering purposes. An asterisk (*) denotes actions that are exempt from the 120-day permit processing requirement. A double asterisk (**) denotes actions that do not require a recommendation from the Administrative Hearin~ Examiner. (l) Preliminary Subdivision Plat. (2) Vacation of existing subdivision. (3) Planned Unit Development (PUD). (4) Major amendment to a PUD. (5) Binding Site Plan. (6) Rezone for specific properties or small area. (7) Development Agreement. * (8) Final Subdivison Plat** (b) Decision Format: Type IV decisions shall be made by motion, resolution, ordinance, or other form appropriate to that particular decision and suitable for recording. (c) Final Decision: Type IV decisions are made by the City Council following the Administrative Hearing Examiner's open public hearing and are final when issued for purposes of appeal. (d) Appeal: Type IV decisions may be appealed to Superior Court within the twenty- one (21 ) calendar day appeal period, or on the effective date of the ordinance, whichever is longer. 2 Final Subdivision Plat 8 SECTION 3. Chapter 21.02 Appendix Figure 840 is hereby amended to read as indicated in Exhibit A attached hereto and incorporated herein. SECTION4. Chapter 21.02 Appendix Figure 895(a) is hereby amended to read as indicated in Exhibit B attached hereto and incorporated herein. SECTIONS. Severabilitv. 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. SECTION 6. Ef['ective Date. This ordinance shall take effect and be in force ten (t0) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2004 PASSED by the City Council the day of ,2004 DAREN NYGREN, Council President Approved this day of ,2004 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, Interim City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2004 EFFECTIVE the day of ,2004 ORDINANCE NO. RSLEGAL\Ordinances\Community Development\21.02 Fig 840 and 895(a).d~c 3 Final Subdivision Plat PERMIT PROCESSING SUMMARY Figure 840 Administrative Hearing Examiner Hearing Examiner ! City Council DECISIONS Decision Open Record l;h~e43eeisien Closed Record Hearing and Open Record Decision Decision Hearing and Recommendation Type I Decisions (without notice) BMC 21.02.840 ,* Sign permits * (on appeal) · Home occupation * (on appeal) · Land uses permitted outright * (on appeal) · Boundary line adjustment * (on appeal) · Minor amendment to approved PUD * (on appeal) · Minor amendments to other permits * (on appeal) · Temporary emergency wetland or * (on appeal) stream permits · Clearing less than 2 acres * (on appeal) · Grading less than 100 cu. yds. *(on appeal) Landscape plan * (on appeal) · Site Plan review * (on appeal) · Recreational vehicle 90-day permit * (on appeal) · Building Permits *(on appeal) · Alternative Setback *(on appeal) · Alternative Landscaping *(on appeal) · Permit or Approval Revocation *(on appeal) Type II Decisions (notice required) BMC 21.02.845 · Short Subdivison *(on appeal) · SEPA Determination *(on appeal) · Wetland or stream assessment *(on appeal) · Wetland or stream development *(on appeal) permit · Env. Area Determination *(on appeal) · Administrative Special Use Permit *(on appeal) · Design Review *(on appeal) · Plan or Code Interpretation *(on appeal) · Minor alteration of approved plat *(on appeal) Permit or Approval Revocation *(on appeal) Type III Decisions BMC 21.02.850 · F!n3! Subd!v!c!cn P!ct *(delete*) · Variance · Non-administrative Special Use Permit · Senior Housing Complexes · Permit or Approval Revocation Type IV Decisions BMC 21.02.855 · Preliminary Subdivision Plat · Vacation of existing subdivision · Planned Unit Development · Major amendment to a PUD ~ · Binding Site Plan · Rezone for specific properties or small area · Development Agreement · Final Subdivision Plat L I Title 21 Appendix EXHIBIT A EXHIBIT B Figure 895(A) NOTICE REQUIREMENTS Page 1 of 2 Title 21 Appendix EXHIBIT ltl Figure 895(A) NOTICE REQUIREMENTS Page 2 of 2 Title 21 A~endix DATE SUBMITTED: May 6, 2004 BILL AGENDA BILL ~'" ~.)~- CITY OF BREMERTON .. CITY COUNCIL ........ · ................................. ;ZT;Z .............. SUBJECT: PubiTc krearing/Ordina'fice Committee Meeting Date: relating to restruturing the Departments of COUNCIL MEETING Date: ~,ay-26, 20,94 Finance and Administrative Services into Department: Office of the Mayor Department of Financial Services; creating a Presenter: Cary Bozeman new position of Finance Officer and Phone: 473-5266 modifying other job descriptions SUMMARY: Combine the Departments of Administrative Services and Finance into the new Department of Financial Services. This new department would be comprised of the divisions of Finance, Office of City Clerk, BKAT and Information lechnology. In order to accommodate the restructuring of the Department, the new position of Finance Officer needs to be created and new job descriptions for the positions of Director of Financial Services, City Clerk, Assistant Finance Officer and Budget Analyst need to be approved. ATTACHMENTS: Ordinance, Committee Report, Job Descriptions, Budget Adjustment, Org chart FISCAL IMPACTS (Include Budgeted Amount): The fiscal impact for the 2004 General Fund Budget is estimated to be $40,000. A budget adjustment to increase the Department of Financial Serivces by $40,000 needs to be approved by the City Council to cover the cost of adding the Finance Officer position of the remaining months within this fiscal year. APPROVALS: DEPARTMENT DIRECTOR: ....... DIRECTOR: ',l~..~ ,, ( ~-~-~'k~ FINANCE MAYOR: .~. ~.~.)~~ /~r~ CONSENT AGENDA [-q FISCAL/BUDGET: OPERATIONS: )'~~'~F5~, ~ COUNCIL PRESIDENT: -)~ ~'-~-, I ' RECOMMENDED MOTION: · fi' ' ' D B. I move to pass Ordinance No.q~gn second reading, creating the new Department of Financial Services, move to approve the new position of Finance Officer at salary band 16 and new job descriptions for the positions of Director of Financial Services, City Clerk, Assistant Finance Officer and Budget Analyst, and move to approve a budget adjustment to increase the Department of Financial Services' 2004 Budget in the amount of $40,000. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 13 239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251 April 30, 2004 Reor,qanization Committee Report: The Reorganization Committee consisted of Council Members Will Maupin, Cecil McConnell, and Mike Short; and Mike Wilson and Cathy Johnson from the Finance Department. This report presents the findings of the Council Members on the committee. The Council Members recommend approval of the proposed reorganization per the attached organization chart with the following conditions: 1. The department shall be titled "Department of Financial Services". The department bead's title shall be "Director of Financial Services". 2. The Position Descriptions (PD's) for new or changed positions shall be as revised during the meeting of April 23, 2004. 3. Council approval is required for the new organization structure, the PD for the Director of Financial Services and the budget adjustment required for the new Finance Officer position. 4. Continue progress on restructuring BKAT as directed by Council during the FY2004 budget approval process. Future actions: 1. Study the Public Works and Utilities accounting organization to determine if the function should be combined with the Finance Division. 2. Look at the Human Resources department to determine if it should be integrated into the Department of Financial Services. Submitted res. cectfull~y this 30~h day of April in the year 2004. xWit~M~pi~, CombJ~ee ~r Mike Sbo~ Cecil McConnell E-mait: citycouncil@ci.bremerton.w:~s · Web: www. ci.bremerton.wa.us ORDINANCE NO. ¢/~1 0 AN ORDINANCE of the City Council of the City of gremerton, Washington, amending Chapter 2.05 of the Bremerton Municipal Code relating to departments and directors; repealing Chapter 2.08 relating to the Administrative Services Department; repealing Chapter 2.09 relating to the Finance Department, and enacting a new Chapter 2.09 entitled "Department of Financial Services" establishing divisions reporting to the Director of Financial Services. WHEREAS, Title II of the Bremerton Municipal Code sets forth the structure of the departments of City government; and WHEREAS, the City Council desires to restructure certain departments by repealing Chapter 2.08 entitled "Administrative Services Department," Chapter 2.09 entitled "Finance Department" and enacting a new Chapter 2.09 establishing the Department of Financial Services and re-designating certain departments as divisions within the Department of Financial Services; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDA1N AS FOLLOWS: SECTION 1. Chapter 2.08 of the Bremerton Municipal Code entitled "Administrative Services Department" Chapter is hereby repealed in its entirety. SECTION 2. Section 2.05.010 of the Bremerton Municipal Code entitled "Departments" is hereby amended to read as follows: Chapter 2.05 DEPARTMENTS AND DIRECTORS 2.05.010 DEPARTMENTS. Departments of the City of Bremerton are created pursuant to the chapters and their provisions as follows: Ch. 2.06 Office of the City Attorney Ch. 2.07 Economic Development Department Ch. 2.09 Department of Financeial Services Ch. 2.10 Department of Public Works and Utilities Ch. 2.15 Department of Community Development Ch. 2.16 Fire Department Ch. 2.17 Parks and Recreation Department Ch 2.22 Human Resources Department Ch. 2.34 Police Department SECTION2. Chapter 2.09, of the Bremerton Municipal Code entitled "Finance Department" to hereby repealed and a new Chapter 2.09 is hereby enacted to read as follows: Chapter 2.09 DEPARTMENT OF FINANCIAL SERVICES 2.09.010 DEPARTMENT CREATED. There is hereby created the Department of Financial Services. The Department of Financial Services shall consist of the following divisions, as well as any other divisions established by City Council. 1. Finance; 2. Information Technology; 3. Office of the City Clerk; and 4. Bremerton Kitsap Access Television (BKAT). 2.09.020 DIRECTOR OF FINANCIAL SERVICES AND DIVISION MANAGERS - POSITIONS CREATED AND APPOINTMENT. (a) Department Director - Appointment. There is hereby created the position of Director of Financial Services who shall be in charge of the Department of Financial Services and all divisions established thereunder. The Director of Financial Services shall have complete charge of all of the work of the department and shall be responsible for hiring and supervising employees of the department. The Director of Financial Services shall be appointed by the Mayor, subject to confirmation by the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the department. All appointees to the position of Director of Financial Services are terminable at will by the Mayor as set forth in Chapter 2.05 BMC. (b) Division Managers - Appointment. There is hereby created the positions of Finance Officer, Information Technology Manager, City Clerk, and Public Access Manager as managers for their respective divisions. The managers (hereinafter "managers" or "division managers") shall manage the operations of their respective divisions and shall report directly to the Director of Financial Services. The division managers shall be appointed by and shall serve at the pleasure of the Director of Financial Services, subject to the approval of the Mayor, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the division. All appointees to the division manager positions shall serve as "at will" employees subject to termination by the Director of Financial Services without cause at any time with no notice or hearing unless otherwise provided pursuant to applicable civil service role or regulation, the City Charter, ordinance, or terms and conditions as approved by the City Council. 2.09.030 FINANCE DIVISION CREATED - DUTIES. There is hereby created the Finance Division for the purpose of performing all finance and accounting functions of the City of Bremerton. The division shall be managed by the Finance Officer who shall serve as the City Treasurer. It shall be the duty of the Finance Officer tO: (a) Be responsible for assisting in the management of the city's investment and debt portfolios. (b) Assist city administration in budget preparation and monitoring. (c) Maintain the accounting system in accordance with generally accepted accounting principles (GAAP). (d) Maintain the payroll system. (e) Exercise control of accounts payable and purchasing. (f) Maintain an inventory of capital assets. (g) Collect and account for all city funds. The Finance Officer shall perform such other duties as the Mayor and Director of Financial Services may direct or as may be required by law. 2.09.040 INFORMATION TECHNOLOGY DIVISION CREATED - DUTIES. There is hereby created the Information Technology Division for the purpose of performing all information technology operations of the City. The division shall be managed by the Information Technology Manager. It shall be the duty of the Information Technology Manager to: (a) Direct the activities of the Information Technology division with the responsibility to provide technological leadership in systems planning, implementation and support programs. (b) Direct the development and maintenance of long-range information processing plans and budgets. (c) Act as a contact person with user departments responding to and analyzing their inquiries. The Information Technology Manager shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. 2.09.050 OFFICE OF THE CITY CLERK CREATED - DUTIES. Then is hereby crated the Office of the City Clerk for the purpose of performing all records management functions of the City. The division shall be ~nanaged by the City Clerk. It shall be the duty of the City Clerk to act as the official records keeper of the City and in such capacity shall perform those duties as required by the laws of the State, City Charter or City Code. The City Clerk shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. 3 17 2.09.060 BREMERTON KITSAP ACCESS TELEVISION (BKAT) DIVISION CREATED - DUTIES. There is hereby created the Bremerton Kitsap Access Television (BKAT) Division for the purpose of performing all public access television functions of the City. The division shall be managed by the Public Access Manager. It shall be the duty of the Public Access Manager to manage the production, programming and operation of the local access television station. The Public Access Manager shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. SECTION 3. Severability. If any one or mom 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. SECTION4. 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 ., 2004 PASSED by the City Council the day of ,2004 DAREN NYGREN, Council President Approved this day of ,2004 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, Interim City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2004 EFFECTiVE the .day of ,2004 ORDINANCE NO. R:\LEGAL\Ordinances\Admi~fistrationXFinancial Services.docR:~LEOAD,Ordinancc~,:~.dr:'~inistratif~n~,Financ~a! Scr.,izc, z.d~:c 4 18 PROPOSED STAFFING STRUCTURE DEPARTMENT OF FINANCIAL SERVICES DIRECTOR OF I FINANCIAl. SERVICES OFFICE ASST, SR.~ BUDGET I SPECIAl ISF ANALYST I I I ADMINISTRATOR OFFICER COORDINATOR i tI SERVICE PC S?ECIALIST COORDINATOR TECH COMPUTER ASST. SR. (3) ASST~ P/T TECH (2) _~ ACCOUNTING ASSISTANT I[ (2) 20 CITY OF BREMERTON JOB DESCRIPTION POSITION TITLE: Director of AdmLn~strat'[c.n and Financial Services DEPARTMENT: A~m~n:.gtrat~c.n and Financial Services SALARY: Range 19: $6,276- $7,746 DATE: April, 2004 GENERAL FUNCTION Plans, directs and supervises the activities of the followmg ...................... F~nanc~al Services' Divisions: Finance, ~ City Clerk, Information Services, Bremerton Kitsap Access Television (BKAT). This position plans, organizes, directs, and evaluates the City's overall administrative support services, financial operations, and fiscal planning functions. REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES · Provide guidance, direction and management support to the Adm;~ni3trat:,c,n and Financial Services Divisions. Ensure accountability for completion of departmental goals, objectives and work functions. · Develop goals and objectives, assist staff in achieving programs and objectives, and monitor outcomes. Provide advice and information to other departments, Mayor and City Council m support of the Department of ...................... Financial Services requirements and city goals and objectives. Develop new systems and procedures to improve efficiency. · Manage budgets, hiring, termination, performance evaluations and employee counseling. Justify funding and program requirements to Mayor and City Council. · Review and prepare proposed legislation, testify before legislative committees and meet with legislators. Coordinate internally with Mayor, City Council and staff and externally with other governments, local Chamber of Commerce, business, AWC and city consultants. · Participate in a variety of special projects as directed by the Mayor such as economic development strategies, new' facilities, and purchase and sale of land. · Compile and coordinate research for surveys and prepare reports. Advise, develop and implement policy, procedure, ordinances and resolutions. Review and sign off on agenda items for City Council. Seek fimding opportanities through grants and legislation. Respond to inquiries and complaints fi~om officials, staff, outside agencies and the public. · Design, negotiate and administer contracts, fi'anchises and agreements · Participate on statutory- committees and with other civic, community and professional organizations. Represent city at public functions and meetings, and maintain awareness of changes and opportunities for local government through professional organizations. 22 · Provides financial operations, planning and consulting services to the Mayor, City Council and City departments on specific municipal finance issues, budget preparation, and consequences of fiscal alternatives and options. · Prepares City-wide written finance-related policies and procedures (sometimes through ordinances and resolutions) that help safeguard the City's assets and ensure compliance with State regulations. · Coordinate the state and federal legislative action program for the city. Negotiate large contract and franchise agreements. · Assists the Mayor in overseeing and coordinating the City's cyclical major fmancial planning functions, including its annual and multiple-year budget and City-wide capital improvement program (CIP), and coordinating the production of related official City publications. · Monitors £mancial trends and budgeted revenues and expenditures of the City to ensure that fiscal responsibility and control is maintained and to assure the fiscal well being of the City. Plans, coordinates and manages the City's interim and long-term debt finance issues in accordance with the City's debt management policies, including retention of qualified bond counsel and underwriter(s). · Reports the results of City fmancial operations to both City management and the City Council through monthly and quarterly reporting. Provides financial analyses, reports and information to the Mayor, City departments and City Council to optimize effective and responsible decision-making. · Interfaces with the State Auditor during the annual audit of the City, coordinating the City's compliance efforts, and responding both orally and in writing to recommendations, concerns and findings. · Develops the annual revenue estimates for use in developing the annual or biennial budgets. Prepares, monitors and is responsible for the budgets of the Financial Services Department, Miscellaneous Non-Departmental, all debt service funds, City capital improvement programs, and other Mayor-assigned operating funds and departments. · Directs and oversees the preparation of various State, federal and other agency reports and ensures that payments made are in compliance to State and federal statutes and regulations. · Provide professional City-related financial advice to the Mayor, City Council and Department Directors, making verbal and written presentations as may be needed or requested; provides financial analyses and interpretations of consultant, legislative, and other related mandates and proposals impacting the City's f'mancial position. KNOWLEDGE~ SKILLS AND ABILITIES: Knowledge of: · City ordinances, policy, charier and state law relating to municipal goverranent · Generally accepted accounting and auditing principles, theory and practices, as well as financial analysis and research techniques · City computer software application systems and information systems technology and applications 2 22 · Modem principles and practices of management and supervision, and public sector personnel laws, regulations and policies · Advanced level of contract development and negotiations · Proficiency with PC and various application software · Mastery of budgetary principles, practices, operations and procedures · State BARS and general State law as it relates to municipal finance in Washington State · General business and financial management practices needed to operate effectively in the City's general business environment Ability to: · Communicate effectively and maintain quality-working relationships with other City employees and the public during the course of work. Tact, patience and courtesy are needed, as well as the ability to effectively communicate technical concepts to lay people · Allocate resources effectively · Eft~ctively plan, develop and maintain complex detailed administrative projects and programs · Create a work environment that fosters teamwork and collaboration · Conduct effective public presentations geared to a wide variety of audiences · Negotiate complex agreements that adhere to the goals, strategic plans and policies of the City · Interpret and understand complex information and legal documents and conceptualize, organize, and direct 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 Mayor achieve the City's objectives and overall mission · Skill in preparing and directing the preparation of policies, procedures, ordinances, resolutions, comprehensive budgets, analyses, reports and recommendations · Understand the City's political enviromnent and have sensitivity to that environment, and have the ability to function effectively within that environment · Identify the department's future direction in response to changing City needs, and to develop, implement, and monitor appropriate plans, goals and objectives, schedules and action steps · Plan and organize and to meet rigid schedules and demanding time-lines · Establish and execute complex oral and written instructions and to apply available guidelines to various situations · Provide leadership, counsel, motivation, and constructive performance reviews to department personnel at all levels, securing their respective commitments to the goals of the department and the City. · Quickly grasp technical financial principles and procedures, and to carD' on more than one function at a time in an environment subject to many distractions QUALIFYING EDUCATION AND EXPERIENCE (Minimum Reqnirements) Four year degree in business or public administration or closely related field and seven years increasingly responsible work experience in a supervisory or administrative capacity. MBA or MPA highly desirable. 3 PHYSICAL REQUIREMENTS Work requires frequent sitting and standing, the ability to operate office machines including telephone, fax, computer terminal and copy machine, and occasional lilting over 30 pounds. Regular presentations require public speaking ability and the use of audio visual equipment. Must be able to understand and give complex written and oral instruction. Frequent automobile and occasional air travel are required. WORKING CONDITIONS Work is primarily performed in an office environment. Frequent evening and occasional weekend meetings are required. Frequent local travel and occasional in state and out of state travel required. LEGAL AND REGULATORY EMPLOYMENT CONDITIONS · Fair Labor Standards Act: The classification is exempt under the laws of fair Labor Standards Act minimum wage and overtime provisions. · Representation: Non-represented · Civil Service: The classification is excluded in the City's Civil Service System. · Appointment and Removal Authority: Appointed by Mayor and confirmed by the City Council. Removed by Mayor. 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. 4 24 CITY OF BREMERTON JOB DESCRIPTION POSITION TITLE: Finance Officer DEPARTMENT: Adn[ni:trative. Services and Financial Services DIVISION: Finance SALARY: Range 16: $5,412- 6,593 DATE: April, 2004 GENERAL FUNCTION Under general direction of the Director of Administrative $er'.'ice. s Financial Services, performs complex professional, administrative and technical accounting and finance duties or functions in maintaining the fiscal records and systems of the City of the City. Plan, organize, control and direct the financial operations of the City including budget, accounting, financial reporting, debt issue and management, cash and investment management, capital improvement program, utility rate-making, financial analysis and modeling of current and potential City activities and projects and serves as City Treasurer. REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES · Provides financial support, advice and guidance to the all departments of the City. · Assists in the preparation and monitoring o£the annual City budget, development of the capital improvement program, and assessment o£the annual revenue estimates for use in the annual budget. · Oversees and coordinates the City's financial reporting efforts, including coordinating the preparation and production of the City's CAFR (Comprehensive Annual Financial Report), State BARS (Budgeting, Accounting and Reporting System) reports, and other financial surveys and reports. · Manages the investment and cash position of all City funds to ensure that investment returns are maximized to the extent consistent with the City's investment policies. · Assists in planning and directing the analysis necessary for the setting and implementation of rates for the City's utilities through the public and political process. · Supervises, evaluates and directs the work of Finance division employees. · Directs the City's accounting and reporting operations, including maintaining its accounting systems, establishing and maintaining internal financial controls, preparing all required financial repons, conducts internal audits, all in accordance with sound business practices, applicable City ordinances/resolutions, State laws, and GAAP (Generally Accepted Accounting Principles). · Directs the development and maintenance of the City's cash receipting and disbursement systems, including accounts receivables, centralized cashiering, accounts payable, payroll, non-expense disbursements, travel advance, debt service, LID accounting, and other finance and accounting related systems. · Demonstrate the effects of alternative decision options using financial modeling, studies and analysis. 25 · Prepares various State, Federal and other agency reports and ensures that payments made are in compliance to State and Federal statutes and regulations. · Works with the State Auditor during the annual audit of the City to ensure the City's compliance efforts. · Ensures that the City's accounting structure complies with State BARS. · Trains, develops, directs and evaluates Finance Department staff to: 1) help expedite work flow and to improve efficiency and effectiveness of department operations; 2) achieve their individual goals; 3) foster teamwork; 4) collectively achieve the depart- ment's mission; and 5) lead to employees' growth and accountability for their actions. KNOWLEDGE, SKILLS AND ABILITIES (Entry Requirements) Knowledge of: · State BARS and general state and federal laws regulating the financial activities of Washington municipalities · In-depth knowledge of generally accepted accounting and auditing principles, theory and practices, as well as financial analysis and research techniques. · The bond market and forces affecting the price of fixed income securities · 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. 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. · Purchase and sell fixed income securities to maximize the City's financial retum within an acceptable level of risk and liquidity · Communicate effectively both verbally and in writing, and maintain quality working relationships with other City employees and the public during thc course of work. Tact, patience and courtesy are needed, as well as the ability to effectively communicate technical concepts to lay people. · Manage multiple complex financial assignments and to allocate resources effectively · Be proficient with PC and financial systems application software · Assist in the preparation of budgets, analyses, reports and recommendations. · Establish and execute complex oral and written instructions and to apply available guidelines to various situations. · Quickly grasp technical financial principles and procedures, and to carry on more than on function at a time in an environment subject to many distractions. · ?lan and organize and to meet rigid schedules and demanding time-lines. 26 QUALIFYING EDUCATION AND EXPERIENCE (Minimum Requirements) Four year degree in business, accounting, finance or closely related field and six years increasingly responsible work experience with five years in a supervisory or administrative capacity. Public accounting experience and MBA, MPA or CPA highly desirable. PHYSICAL REQUIREMENTS Work requires frequent sitting and standing, the abiiity 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. LEGAL AND REGULATORY EMPLOYMENT CONDITIONS · Fair Labor Standards Act: The classification is exempt under the laws of' fair Labor Standards Act minimum wage and overtime provisions. · Representation: Non-represented · Civil Service: The classification is excluded in the City's Civil Service System. · Appointment and Removal Authority: Appointed by the Director o£ ~ Financial Services. Removal is by action of the Director gei:viees Financial Services in conformance with procedures established by the City. 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. CITY OF BREMERTON JOB CLASSIFICATION POSITION TITLE: Assistant Finance Officer DEPARTMENT: Admini:tratk,c Scr,'ice: and Financial Services DIVISION: Finance SALARY: Range 14:$4,903 - $5,973 DATE: April, 2004 GENERAL FUNCTION Under the direction of the Finance Officer responsible for professional accounting work in all City departments. Plans, manages and directs the preparation, analysis and audit of financial records to ensure completeness and conformance with established accounting practices. Manages and directs accounting and financial reporting systems and staff in conformance with applicable statutes, regulations and policies. REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES · Implement and administer financial systems Citywide in accordance with sound accounting practices, state rules and regulations, and city ordinances, policies and regulations. Assess automated financial reporting systems and enhancements needed for more effective or efficient processing of accounting transactions and reports. Participate in the selection of new financial systems. Initiate requests for and implement system enhancements. · Plan, supervise and participate in the preparation of annual and interim financial statements and reports using generally accepted accounting principles and governmental accounting standards. · ~ Supervise and evaluate accounting staff. Provide for the training of citywide staff in accounting related tasks. · Implement policies, procedures, and standards for the efficient and effective operation of city accounting activities. Make recommendations to Finance Officer for changes to existing policies and procedures and assist in implementation of changes in other areas. · Assist in the preparation of the annual City budget. Assist the Finance Officer in research and analysis related to financial activities as necessary. · Review accounting entries prepared by Finance staff and other departments for accuracy and appropriateness. · Provide technical advice, information and other support to all City departments in support of budget processes, financial information and documentation needs, accounting and financial reporting technicalities, etc. · Assume the duties of the Finance Officer in his/her absence. · Provide other duties as assigned by the Finance Officer or Director of Financial Services. KNOWLEDGE~ SKILLS AND ABILITIES (Entry Requirements) Knowledge of: · Generally accepted accounting principles and standards. · State governmental accounting procedures and standards. · Modem principles and practices of management and supervision. Ability to: · Solve complex technical accounting and financial problems. · Plan, organize and oversee assigned work programs, including monitoring work schedules, legal requirements, and progress reviews. · Develop and recommend policies, procedures and budgets to meet division objectives and overall goals of the department. · Prioritize, assign, monitor and evaluate the work of assigned staff. · Communicate effectively with individuals and groups regarding complex or sensitive issues or regulations both orally and in writing.. · Establish and maintain effective working relations with city staff; outside agencies and the community. · Analyze and evaluate operations and develop and implement corrective action to resolve problems. Skill in: · Proficiency in spreadsheets, word processing and financial accounting software. · Operating modem communications devices, office reproduction equipment and other devices. QUALIFYING EDUCATION AND EXPERIENCE (Minimum Requirements) Any combination equivalent to Graduation from an accredited college or university with a Bachelor's degree in accounting, or closely related field, and five (5) years of full-time paid accounting and financial reporting experience at least three of which involved supervisory responsibility and automated data processing accounting systems. CPA, MBA or MPA highly desirable. PHYSICAL REQUIREMENTS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential f~nctions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Requires frequent sitting, standing and walking, and occasionally required to lift objects up to 25lbs. This position requires continuous hand and finger movement, visual acuity at 20 inches or less, and frequent hearing acuity for speech discrimination. Must be able to talk and to receive and understand written and oral communication and give written and oral instruction. The position requires ability to calculate mathematical problems. WORKING CONDITIONS The work environment characteristics described are representative of those an employee encounters while performing the essential functions of this job. Work is performed primarily in an office environment. Attendance at meetings may require working evening hours. LEGAL and REGULATORY EMPLOYMENT CONDITIONS · Fair Labor Standards Act: The classification is exempt under the laws of fair Labor Standards Act minimum wage and overtime provisions. · Representation: Non-represented · Civil Service: The classification is not included in the City's Civil Service System. · Appointment and Removal Authority: The position is filled by appointment by the Director of -- ' Financial Services. Removal Is by action of the Director of Adminiz~ative $zrvicc: Financial Services in conformance with procedures established by the City. 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. CITY OF BREMERTON JOB DESCRIPTION POSITION TITLE: Budget Analyst DEPARTMENT: Financial Services DIVISION: Finance SALARY: Range 10:$4,024 - $4,903 DATE: April, 2004 GENERAL FUNCTION Under the direction of the Director of Aa,.ministrative Ser,'ic, ca and Financial Services, plans, organizes and coordinates fiscal planning, development, implementation and monitoring of the City's annual budget and Capital Improvement Program. Performs financial and statistical analysis needed to support decision making by elected officials and senior staff. Monitors actual financial performance and compares to budgetary projections. Analyzes and interprets variances. Prepares a variety of reports and recommendations. REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES · Coordinates the development, implementation and monitoring of the City's annual budget and Capital Improvement Program. Analyzes submittals from departments for conformance with instructions and objectives. Performs fiscal analysis on a variety of issues in support of and to facilitate budgetary decision making. · Analyzes actual operating results of each department through the year and compares to projected performance. Monitors the cash flow and cash positions of City funds where required. Interprets data and presents results to senior management. · Responds to special requests for financial data and analysis and for information on current and proposed projects and programs. Interprets results and formats to facilitate decision making. · Coordinates and facilitates production of the budget, Capital Improvement Program and annual financial report documents. · Maintains files for retired LEOFF I Police and Fire personnel. Provides information to payroll for monthly pay. Calculates annual increases or increases due to contractual negotiations of the active employees and commnnicates to the retiree changes to their benefits. Forecasts annual financial requirements for budget inclusion. · Monitors financial trends and budgeted revenues and expenditures of the City to ensure that fiscal responsibility and control is maintained and to assure the fiscal well being of the City. · Reports the results of City financial operations to both City management and the City Council through monthly and quarterly reporting. Provides financial analyses, reports and information to the Mayor, City departments and City Council to optimize effective and responsible decision-making. · Develops the annual revenue estimates for use in developing the annual budgets. Computes costs for all personnel in the City for each budget and estimates effects of potential retirees for pay outs and excess compensation payments, labor negotiations and health insurance. · Assists in the assembly of the City's annual report. · Assists in the preparation and distribution of the monthly, quarterly and annual budget status reports. · Performs research assignments, surveys and studies as pertains to the City's budget or finances. · Other finance or administrative support projects and tasks as assigned by the Director of Financial Services. KNOWLEDGE~ SKILLS AND ABILITIES: Knowledge of: · Municipal government structure, statutes and department responsibilities · RCW's relating to budget preparation and LEOFF I retiree benefits. · Union contracts and their affects on City budgets. · Proficiency with PC including Excel, Word, Org Plus, Pagemaker and other various application software. · Mastery of municipal government budgetary principles, practices, operations and procedures. · State BARS manual as it relates to municipal budgets and annual financial reporting in Washington State. · Government accounting principles. · General business and financial management practices needed to operate effectively in the City's general business environment. Ability to: · Perform budget, financial, research and administrative duties with minimal supervision. · Gather, organize and analyze large amounts of data accurately. · Communicate effectively and maintain quality-working relationships with other City employees and the public during the course of work. Tact, patience and courtesy are needed, as well as the ability to effectively communicate technical concepts to lay people. · Manage tasks, time and allocate resources effectively. · Create a work environment that fosters teamwork and collaboration. · Understand the City's political environment and have sensitivity to that environment, and have the ability to function effectively within that environment. · Plan and organize and to meet rigid schedules and demanding time-lines. Quickly grasp technical financial principles and procedures, and to carry on more than one function at a time in an environment subject to many distractions. QUALIFYING EDUCATION AND EXPERIENCE (Minimum Requirements} Bachelors degree in finance, accounting, public administration, business administration, or a related field and two three years of analytical experience involving budgeting and reporting of 2 32 data or equivalent combination of education and experience. Should be proficient in business PC software applications and have strong communication skills. 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 up to 25 pounds. Must be able to clearly read computer screen. WORKING CONDITIONS Work is primarily performed in an office environment; sustained posture in a seated position; prolonged periods of intense attentiveness to computer use. Some evening and weekend work may be required in order to meet budget and reporting timelines. LEGAL AND REGULATORY EMPLOYMENT CONDITIONS · Fair Labor Standards Act: The classification is exempt under the laws of fair Labor Standards Act minimum wage and overtime provisions. · Representation: Non-represented · Civil Service: The classification is excluded in the City's Civil Service System. · Appointment and Removal Authority: Appointed by the Director of Financial Services and removal is at the will of the Director of Financial Services. 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. 3 33 CITY OF BREMERTON JOB DESCRIPTION TITLE: City Clerk DEPARTMENT: Administrati;'e Services and Financial Services DIVISION: City Clerk's Office SALARY: Range 12:$4,422 - $5,412 DATE: April, 2004 GENERAL FUNCTION Under the general administrative direction of the Director of Administrative Services Financial Services, the City Clerk is responsible for establishing, authenticating, and maintaining all official City records and directs the operations of all statutory and assigned functions of the Office of City Clerk working directly with the Mayor, City Council and City Departments. REPRESENTATIVE ESSENTIAL DUTIES · Develops, implements and monitors all public services provided by the Office of City Clerk. · Develops procedures to ensure that a repository for City records is maintained in accordance with all legal requirements. · Attends City Council meetings, coordinates and schedules agenda bill preparation and presentation to Council. · Acts as City Council Parliamentarian. · Develops, directs and monitors contract compliance · Prepares divisional budget based on requirements and resources available for submission to Department Heads. · Responsible for special projects as assigned such as serving on various boards, contract negotiation and drafting proposed legislation. · Responds to inquiries from the general public, officials, staffand outside agencies. · Develops, implements and monitors Citywide record management policies and programs. · Prepares, reviews, and maintains City codes, ordinances, resolutions, contracts, leases, and other legal documents. · Directs the public record processes and ensures that proper notice and publication requirements are met and coordinates public disclosure requests. · Manages certain Citywide service contracts · Establishes City website development policies and coordinates content development of the site. · Serves as LEOFFI Pension Boards Secretary and manages policy development and pension benefits. · Assists the Director of Administration and Financial Services in providing research, coordination and administrative support with various project tasks and assignments. 34 REQUIRED QUALIFICATIONS Knowledge of: · Municipal Code, resolutions, ordinances, and the Revised Code of Washington. Applicable legal procedures of the City and other govemmental agencies. · Principles and practices of records management and budgeting. · Basic principles of the conduct of public meetings of elected and appointed bodies. · Good knowledge of the functioning of city government and the political process. · Parliamentary procedures. Ability to: · Ability to appropriately interpret and apply laws and regulatory provisions to a situation and determine a course of action. · Good skills in the use of computers and related equipment and software. · Ability to effectively communicate orally and in writing with the public, city officials agencies and the business community. · Ability to work independently in evaluating, researching, and coordinating various assigned projects and tasks to a successful conclusion. · Ability to evaluate, plan, prioritize and implement program goals and objectives. · Ability to plan, schedule, and review the work of others using effective supervisory teclmiques. QUALIFYING EXPERIENCE AND EDUCATION Any combination equivalent to: Bachelor's Degree in Public Administration, Business Administration, or related field and five (5) years experience in local government administration. 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 50 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. LEGAL AND REGULATORY EMPLOYMENT CONDITIONS · Fair Labor Standards Act: The classification is exempt under the laws of fair Labor Standards Act minimum wage and overtime provisions. · Representation: Non-represented · Civil Service: The classification is excluded in the City's Civil Service System. 2 35 · Appointment and Removal Authority: Appointed by the r~: ....... c ^ ~:~; ..... . 8evviees ................... Mayor. Removal is by action of the tgivec4or~ff .......................... Fl ................. Mayor within contb~ce o rocedures established by the City. This classification specification does not constitute ~ employment agreement between the City and employee. It is subject to change by the City as the needs of the City ~d requirements change. 3 36 DATE SUBMITTED: May 13, 2004 BILL # Oq "O AGENDA BILL CITY OF BREMERTON 6 C CITY COUNCIL SUBJECT: Public hearing on resolution Committee Meeting Date: May 18,2004 repealing Resolution No. 2774 and adopting COUNCIL MEETING Date: .4ehyg&et~4- CF~rl e_ new Rules and Procedures for the City Department: City Attorney's Office Council to conduct orderly business Presenter: Roger A. Lubovich Phone: 2345 SUMMARY: The City Council desires to update the Rules and Procedures for the City Council. The proposed resolution repeals Resolution No. 2774 and adopts new Rules and Procedures for the City Council to conduct orderly business. ATTACHMENTS: Proposed Resolution FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: / CITY ATTORNEY: FiNANCE DIRECTOR: MAYOR: FISCAL/BUDGET: '~~~~ [ CONSENT AGENDA [-'] OPERATIONS: COUNCIL PRESIDENT: --~m-~ .~ RECOMMENDED MOTION:. I move to pass Resolution No. ~;~, ~:--~, repealing Resolution No. 2774 and adopting new Rules and Procedures for the City Council to conduct orderly business. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 37 RESOLUTION NO. ~),"~:~-~ A RESOLUTION of the City Council of the City of Bremerton, Washington, repealing Resolution No. 2774 and adopting new Rules and Procedures for the City Council to conduct orderly business. WHEREAS, the City Council adopted Resolution No. 2774 on October 25, 2000, which adopted Rules and Procedures for the City Council to conduct orderly business; and WHEREAS, the City Council desires to update the Rules and Procedures for the City Council; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Resolution No. 2774 is hereby repealed in its entirety. SECTION2. The Bremerton City Council Rules and Procedures attached hereto as Exhibit A are hereby adopted and shall become effective upon passage of this resolution. SECTION 3. 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 4. 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 this __ day of ,2004. DAREN NYGREN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, Interim City Clerk RSLEGAL\Resolutions\City Council\Council Rules and Procedures.doc 1 Council Rules and Procedures 38 Bremerton City Council Rules & Procedures Rules & Procedures Page 1 CONTENTS RULE 1 - MEETINGS .................................................................................................................. 2 RULE 2 - PRESIDING OFFICER- DUTIES ............................................................................ 4 RULE 3 - COUNCIL MEMBERS ............................................................................................... 6 RULE 4 - AGENDA CONTROL ................................................................................................. 7 RULE 5 - REGULAR COUNCIL MEETINGS-ITEMS OF BUSINESS ............................... 7 RULE 6 - DEBATES .................................................................................................................... 8 RULE 7 - PARLIAMENTARY PROCEDURE ......................................................................... 9 RULE 8 - ORDINANCES - RESOLUTIONS ............................................................................ 9 RULE 9 - MISCELLANEOUS .................................................................................................... 9 RULE 10 - COUNCIL EXPENSE REIMBURSEMENT ........................................................ 11 RULE 11 - QUASI-JUDICIAL HEARINGS ........................................................................... 11 RULE 12 - CLOSED RECORD HEARINGS .......................................................................... 13 EXECUTIVE TELEPHONE DIRECTORY ........................................................................... 15 RULE 1 - MEETINGS 1. Regular Meetings: The City Council shall meet regularly on Wednesday of each week at 5:30 p.m. in accordance with Rule 5, in the Council Chamber and/or Council conference room, Bremerton City Hall, Bremerton, Washington. Meetings may be relocated to accommodate special needs or circumstances. If the regular meeting falls on a holiday, the regular meeting shall be held on the next business day pursuant to RCW 42.30.070. Rules & Procedures Page 2 40 a. Upon a motion, and majority vote, the Council may recess from a meeting to a certain time and place set forth in the motion. 2. Special Meetings: Special meetings or any change in the time or location of a regular meeting shall be called by the Council President, or a majority of the members of the City Council, by delivering personally or by mail, e-mail, or fax, written notice to each member of the Council; and to each local newspaper of general circulation and to each local radio or television station which has on file with the City a written request to be notified of such special meeting or of all special meetings. The notice must be delivered personally or by mail fax or e-mail at least twenty*four hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings. Written notice may be dispensed with: a. If a member, prior to the convening of the meeting, files waiver of notice with the City Clerk, either written, by e-mail, or by FAX; b. If a member is actually present at the time the meeting convenes; or c. If the special meeting is called to deal with an emergency involving injury or damage to persons or property, or the likelihood of such, where these requirements would increase the likelihood of such injury or damage. (RCW 42.30.080) 3. Quorum: Five Council Members shall constitute a quorum for the transaction of business, and in the absence of a quorum the members present may adjourn the meeting to a later date. 4. Open Public Meetings Act: All Council meetings shall be conducted in conformity with the Open Public Meetings Act (RCW 42.30). 5. Appearance of Fairness/Conflict of Interest: In all its dealings, the Council and its individual members shall be governed by RCW 42.36 (Appearance of Fairness Doctrine); RCW 42.20 (Misconduct of Public Officers) and RCW 42.52 (Ethics in Public Service) and Chapter 2.96 BMC. 6. Executive Sessions: The Council may hold Executive Sessions during a regular or special meeting to consider matters allowed under RCW 42.30.110 as it now exists or is hereafter amended including: Rules & Procedures Page 3 a. consideration of acquisition or sale of real property if public knowledge would adversely affect the price; b. discussion with legal counsel of City enforcement actions or potential or pending litigation in which the City is, or is likely to become, a party; c. to receive and evaluate complaints against a public employee, unless the employee requests the consideration to be held in an open meeting; d. evaluate the performance of an employee or qualifications of an applicant for City employment, so long as the final decision to hire and terms of employment, and decisions to terminate or discipline, are taken in an open meeting; e. to review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs; and f. to evaluate the qualifications of a candidate for appointment to elective office. See RCW 42.30.110 for complete itemization of executive session topics. Before convening in Executive session, the presiding officer shall announce the purpose of the session and the anticipated length of such session, and whether further action is anticipated. Should the session require more time, a public announcement shall be made that the session will be extended. The Council will return to Council Chambers, as applicable, for Adjournment of the meeting. Confidential discussions during Executive sessions shall not be disclosed by any Council member or City official in attendance to any person unless confidentiality is waived by a majority of the Council. Violation of confidentiality may result in a censure motion by the Council during a regular meeting. RULE 2 - PRESIDING OFFICER - DUTIES 1. Conduct of Meeting: The presiding officer at all meetings of the Council will be the President of the Council, or in the absence of the President, the Vice President of the Council, who shall conduct the business and deliberations of the Council under these roles. Reference herein to Council President shall also apply to the Council Member acting in the Council President's place as presiding officer. The President/mayor pro tempore and Vice President shall be elected by a majority of the Council Members at the Rules & Procedures Page 4 42 start of the first meeting of each year, or at such time as necessary due to a vacancy. If both the President and Vice President are absent and a quorum is present, the Chair of the Fiscal and Budget Committee shall act as Presiding Officer. If the Chair of that Committee is unavailable, the Chair of the Operations Committee shall act as presiding officer. The Council President shall: a. Preserve order and decorum in the Council Chamber at all times; b. Observe and enforce all roles adopted by the Council for its government; c. Decide all questions on order, in accordance with these roles, subject to a challenge as provided in Rule 6 Subsection 4., below; and d. Recognize members of the Council in the order in which they request the floor. No member shall be recognized and given the floor to speak on the same matter more than once until all other members of the Council have had an opportunity to be recognized and be heard; e. The presiding officer, as a member of the Council, shall have only those rights, and shall be governed in all matters and issues by the same roles and restrictions as other Council Members. 2. Warrant Register: The Council President shall be assigned the responsibility for signing off on the Warrant Register, following Council approval. 3. Council Committees: The Council President shall make all committee assignments, as well as Intergovernmental Representative assignments, subject to majority approval of the full Council. To the degree possible, assignments will be consistent with special skills, interests and time constraints. Assignments will be made to the following: a. Standing Committees: (i) Legislative Review Committee consisting of the full council membership, with the Council President as chair, to serve each week as a regularly scheduled committee meeting immediately following the Limited Agenda Council Meeting in the council conference room, or other times and locations as designated, to hear matters to be placed on the regular council meeting agendas and other council business. Rules & Procedures Page 5 (ii) Fiscal & Budget Committee to serve as directed by the Council President, (iii) Operations Committee to serve as directed by the Council President, (iv) Audit Committee per the City Charter and Chapter 2.18 BMC, (v) Lodging Tax Advisor,/ Committee per Chapter 67.28 RCW and Chapter 3.64 BMC. The above listed standing committees may be restructured or reorganized as authorized and approved by the City Council without formal amendment of these rules and procedures. b. Special and Ad Hoc Committees - May be established for a specific purpose or a specific time frame to serve as authorized by the Council President and approved by the City Council. c. Intergovernmental Committees, Commissions and Boards - Kitsap Regional Coordinating Council of Govemments and others as appointed and approved. 4. Council Liaison to City Departments: Each council member will be assigned by the Council President to one or more city departments to serve as a liaison between the city council and the departments. The council members will perform this function as directed by the Council President. RULE 3 ~ COUNCIL MEMBERS 1. Comments: Council members shall address all comments to the Council President, except when a member moves to adopt a resolution, or when a member seconds a motion. 2. Leaving Place: No member shall leave his or her place while a question is being put or a count is being taken. 3. Voting: A vote on any matter shall be taken by roll call and any member may abstain from voting. 4. Questioning: Any member of the Council, including the Council President, shall have the right to question any individual, or staff member, on matters germane to the issue before the Council. Such questioning shall not be conducted so as to ridicule or denigrate the individual being questioned. Rules & Procedures Page 6 5. Information Requests: A Council member may seek clarification or additional information before voting on an issue. If such request delays consideration to another date, approval of a majority of the Council is required. RULE 4 - AGENDA CONTROL 1. Agenda Control: Consideration of any subject, matter, or communication by the Council may be initiated by the Mayor or any Council Member. All written materials supplementing an agenda bill should be filed with the Council Legislative Assistant and presented to Council Committees. The Council President may reject any agenda item not complying with this procedure. 2. Committee or Study Session Review: Each Agenda Bill item shall be presented to a council committee or the City Council at a study session. 3. Removing Items: At the pre-council meeting, any item may be removed from the agenda for any reason upon the request of any Council Member. However, two Council Members may demand the item be reinstated to the agenda. The item shall be brought before the Council as regular business on the agenda and only tabled, continued or rejected by majority vote. RULE 5 - REGULAR COUNCIL MEETINGS - ITEMS OF BUSINESS 1. Full Agenda Council Meeting: The Full Agenda Council Meeting shall meet in the designated council chambers, unless a different location is so designated, on the first and third Wednesday of each month at 5:30 p.m. or at such other day and time as designated by ordinance. The Full Agenda Council Meeting shall consist of the following items with the sequence to be determined by the Council President: Call to Order (Flag Salute and Invocation) Consent Agenda (including check register) Council Member Reports Mayor's Report Public Recognition. Final Reading of Ordinances and Vote thereon if applicable. Introduction and First Reading of Ordinances. Reading and Vote upon Resolutions. Public Hearings and Appeals. Adjournment. Rules & Procedures Page 7 2. Limited Agenda Council Meeting: The Limited Agenda Council Meeting shall meet in the designated council chambers, unless a different location is so designated, on the second, fourth and fifth (as applicable) Wednesday of each month at 5:30 p.m. or at such other day and time as designated by ordinance. The Limited Agenda Council Meeting shall consist of the following items with the sequence to be determined by the Council President: Consent Agenda. Final Reading of Ordinances and Vote thereon. Introduction and First Reading of Ordinances as authorized by Council President. Other business as authorized by the Council President. Adjournment 3. Executive Session/Recess: The agenda may be interrupted for a stated time to adjourn to Executive Session or recess at the prerogative of the Council President, unless overruled by Council majority. 4. Consent Agenda Items: Any Council member may request a Consent Agenda Item be moved to the regular agenda, for which no second is required. 5. Agenda Rearrangement: The Council President may rearrange or reformat the Agenda. 6. Regular Council Meetings Televised: The Full and Limited Agenda Council meetings shall be televised unless otherwise directed by Council. RULE 6 - DEBATES 1. Interruption: No member, including the Council President, shall interrupt or argue with any other member while such member has the floor. 2. Courtesy: All speakers, including Council members, during comments, discussion or debate of any issue, shall address their comments to the Council President with courtesy and proper deportment. Comments shall not contain personalities, derogatory remarks or insinuations toward any member of the Council, Staff and Public, but shall be confined to facts that are germane and relevant to the issue. 3. Transgression: Upon transgression of these mles, the Council President shall call such person to order, in which case that person shall be silent except to continue in order. If the Council President transgresses these rules, or fails to call a transgressor to order, any other member of the Council may, under a point of order, call the transgressor to order. Rules & Procedures Page 8 4. Challenge to Ruling: Any member of the Council shall have the right to challenge any action or ruling of the Council President, or member, as the case may be, in which case the decision of the majority of the members of the Council present, including the Council President, shall govern. RULE 7 - PARLIAMENTARY PROCEDURE 1. Procedure Guide: Robert's Rules of Order shall be used as a guide to govern the conduct of business of the City Council while in Legislative session. However, the Council President shall have the authority to make a final ruling on all issues of procedure, subject to Rule 6, Subsection 4 of these Rules. RULE 8 - ORDINANCES - RESOLUTIONS 1. Actions: Any action of the Council shall be by ordinance, resolution or motion and shall be conducted only in open public meetings unless otherwise provided by law. Such action shall he deemed approved by an affirmative vote of a majority of those Council members present, unless otherwise provided by law. Any such action shall contain only a single subject matter and may not be amended to include a different subject. 2. Submittal: No ordinance shall be read on final passage until approved as to form and legality by the City Attorney and copies have been furnished to Council Members and the City Clerk. No such ordinance shall contain any interlineations or marginal notes. J. Presentations: Reading of ordinances and resolutions at all Council meetings shall be deemed sufficient by the reading of a brief synopsis of the title of the ordinance or the propose of the resolution. The full text of an ordinance or resolution under consideration by the Council will be provided to any member of the public upon request. 4. Hearings: Every ordinance shall have two public hearings, unless otherwise provided in the City Charter. Amendments or revisions within the scope of the ordinance may be made during either hearing without reintroduction. At least one week shall elapse between the introduction and the final passage of the ordinance. If second reading is not conducted within the following three meetings, first reading shall be reheard. RULE 9 - MISCELLANEOUS 1. Agenda: By direction of the Council President, the Legislative Assistant shall prepare the Agenda for each session of the Council in regular order in accordance with these rules, which order shall not be departed from, except as provided in these rules. Such Agenda shall include all resolutions, ordinances and matters requested by any Council Rules & Procedures Page 9 47 Member, or the Mayor, with no items deleted from the Agenda except as provided in Rule 4 of these roles. 2. Public Comment on Agenda Items: Any person has the right to speak on any Agenda item at the time the item is discussed and prior to a vote by the Council. Such remarks must be confined to those that are germane and relevant to the item being discussed and shall be subject to a time limit. If numerous speakers are addressing the issue, the Council President may further restrict speaker time. Written comments shall, to all intents and purposes, be considered the same as oral comments. 3. Public Recognition: Any member of the public shall have the right to address the Council and the Mayor on issues not on the Agenda. No member of the public shall engage in discussion or comment which a) is obscene, indecent or libelous; b) promotes the sale of products, or services; c) promotes any lottery or contest which offers prizes dependent in whole or in part upon lot or chance. Those questions from the public posed to the Council that cannot be answered at the Council meeting must be put in writing in order to receive a written response from the appropriate party or parties within a reasonable time. Letters addressed to City officials will not be read in Public Recognition unless an exception is granted by Council President based upon exceptional circumstances. Argumentative Rebuttal is not permitted during Public Recognition. 4. Ballot Issues: During the election period, beginning the last week in July or from the time an individual announces candidacy, whichever comes first, through the November General Election, all announcements or advertising concerning candidates are prohibited. Discussion of ballot issues is prohibited after the issue has qualified for the ballot. Meetings for political parties may be announced, with the exception of fundraising events (i.e. dinners, drawings, etc.) or meetings where the title of the function expresses support or opposition for any candidate, political party, or issue. 5. Public Hearings: The Council President may allocate the time allotted to Public Hearing equally among the members of the public who wish to speak. 6. Complaints: Personal complaints, especially those of a derogatory nature against any official or employee of the City shall not be discussed at a Council meeting. Citizens wishing to make such complaints shall be instructed that the same should be first processed and handled through the Mayor's office. Then, if the citizen feels appropriate action has not been taken, it shall be proper for the complaint to be communicated in writing to the members of the Council. Complaints against a Council Member shall be submitted to the Council President. If the complaint is against the Council President, the complaint shall be submitted to the Vice-President. Acceptance by the Council of a written complaint shall not, however, give rise to public discussion thereon. The City Rules & Procedures Page 10 Attorney should be consulted regarding confidentiality, rights to privacy and other legal concerns. 7. Amendments to Rules & Procedures: Amendments to these rules shall be made by resolution of the Council. 8. The City Clerk: The City Clerk, or duly authorized representative, shall attend all business meetings of the City Council and maintain a permanent journal of its proceedings. All votes shall be recorded by calling the names of each member on a positional rotation basis with Council President's vote called last. 9. Maintain Record: All of the regular and special meetings of the City Council and each and every part thereof shall be recorded electronically. These records shall be maintained for a period in conformance with Chapter 40.14 RCW. 10. Prepare Minutes: Subsequent to each meeting, the Legislative Assistant shall prepare brief and concise minutes of all Council meetings and submit the same to the Council for approval. Such minutes shall contain an accurate resume of official Council actions, with reference to all matters before it. 11. Verbatim Transcript: No member of the Council, nor any member of the administrative staff of the City, shall be empowered or authorized to require the Legislative Assistant to insert in said official minutes any verbatim transcript of all or any part of the proceedings. Verbatim transcripts shall be made a part of the minutes only when authorized by a majority vote of the entire Council, made at the meeting wherein such Verbatim request is made. Copies of tapes will be available at cost. RULE 10 - COUNCIL EXPENSE REIMBURSEMENT Members of the City Council shall observe the Expense Reimbursement Claim Policies that have been established by ordinance or resolution. Reimbursement for travel by any member of the Council outside the State of Washington shall be made only with the prior approval of the majority of the Council. All Council member expenses shall be subject to approval by the Council President. RULE 11 - QUASI-JUDICIAL HEARINGS 1. Quasi-Judicial Body: In hearing matters requiring application of law and determination of facts which predominantly affect particular parties rather than the public generally or a class or group, the Council sits as a Quasi-Judicial body. It will conduct the hearing in accordance with Rule 11 and 12. Rules & Procedures Page 11 a. Council President convenes hearing. b. Item is introduced by City Clerk. c. Council President inquires: 1. "All Council members should now give consideration as to whether they have: 1.) a demonstrated bias or prejudice for or against any party to the proceedings; 2.) a direct or indirect monetary interest in the outcome of the proceedings; 3.) a prejudgment of the issue prior to hearing the facts on the record; or 4.) ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. If any Council member should answer in the affirmative, then the Council member should state the reason for their answer at this time so that the Chair may inquire of the City Attorney as to whether a violation of the Appearance of Fairness Doctrine or a Conflict of Interest exists." 2. "If any member of the public believes any Council member should excuse themselves due to a conflict with the Appearance of Fairness doctrine, or for another concern, please state the reasons now." d. Council President calls upon Administrative Staff to present the recommendation or decision of the Administrative Heating Examiner, or other applicable commission or board, to provide a general background and to answer Council questions. *e. Council President designates the length of argument to afford a fair heating of the issues. Correspondence is read and testimony taken from proponents, then opponents and those neutral. Council may ask questions of those testifying. *f. Limited questioning of opposing witnesses on technical matters by either side may be allowed in the discretion of the Council President. The City Attorney will advise the Council President when such questioning may be a lawful requirement of the hearing. Rules & Procedures Page 12 50 *g. President closes the public testimony portion of the hearing. Council deliberates and may ask questions of the presenters. h. A decision by motion is made. The Council may accept, reject or modify a recommendation or decision based upon its application of code criteria and appropriate findings. i. No motion to rescind or reconsider the initial quasi-judicial decision may be brought by any Council member following close of the meeting. * Not applicable to closed record hearing. RULE 12 - CLOSED RECORD HEARINGS 1. Hearing Procedure: a. Closed record hearings on a land use applications shall be conducted in accordance to this rule. The provisions of Rule 11 are applicable to closed record hearings except as otherwise noted therein. After the appearance of fairness inquiry, the President or staff will announce that the decision will be based on materials received in evidence at the previous open record hearing of the Administrative Hearing Examiner or other applicable commission or board; minutes of the prior hearing; and the recommendation or decision from the open record hearing. b. The Council may consider the following limited evidence not set forth in the record: 1. The Council may take official notice of information such as any law, ordinance, resolution, rule or other fact generally known and verifiable from reliable sources. 2. Council members may view the area in dispute, but shall note the time, manner and circumstances of such view on the record. 3. Council deliberates and may ask questions of the staff. 4. A motion incorporating the decision is made. The Council may accept, reject, or modify the Administrative Rules & Procedures Page 13 Hearing Examiner's recommendation based upon its application of code criteria and appropriate findings. Dated this day of ., 20__ DAREN NYGREN, City Council President R:\LEGAL~Departments-General\City Council\City Council Rules and Procedures-clean amended.doc Rules & Procedures Page 14 EXECUTIVE TELEPHONE DIRECTORY Mayor% Office Cary Bozcman 473-5266 City Council 473-5280 City Clerk 473-5323 City Attorney 473-2345 City Auditor 473-5369 City Engineer 473-5288 Fire Chief 473-5380 Police Chief 473-5220 Judge, Municipal Court 473-5260 Dir. Parks and Recreation 473-5305 Dir. of Community Development 473-5275 Dir. Public Works and Utilities 473-5318 Director of Financial Services 473-5590 Rules & Procedures Page 15 CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution - Authorizing Committee Meeting Date: May 26, 2004 Application for Funding Assistance to the COUNCIL MEETING Date: June 2, 2004 Interagency Committee for Outdoor Department: Parks & Recreation Recreation for the Development of the Presenter: Jodi Wroblewski Bremerton Skatepark. Phone: 360/473-5429 SUMMARY: In order to fund the development of the Bremerton Skatepark, we wish to apply to the Interagency Committee for Outdoor Recreation (IAC) for a WWRP (Washington Wildlife & Recreation Program) grant. The total development for the park portion of the project is estimated to be $ 300,945. The IAC grant request will be for $147,000. The match (balance of funding) will be coming from donations and other grants. There is already a commitment of $25,000 from the Central Lions Charitable Foundation, a $20,000 CDB.G. grant for design, a $75,000 C.DB.G. grant for construction, $25,000 from Kitsap County, and a commitment from BSSU to raise funds in the order orS10,000. We are also in the process of applying for additional funding for this project. ATTACltMENTS: Authorizing Resolution AJ0, o~--~ ~2_ ~ FISCAL IMPACTS (Include Budgeted Amount): If the grant and donations solicitations are successful, there will be no capital impact directly on the budget. IfIAC funds are not received, the project will be delayed until other matching funds are found. APPROVALS: "~i DEPARTMENT DIRECTOR: CITY ATTORNEY: "~-/,' '~' FINANCE DIRECTOR: MAYOR: ( { \ ! (, __..~.~ ....... AGENDA [] OPERATIONS: :} 3 - F-..T~; · -----4---. COUNCIL PRESIDENT: '"'~ ¥ ~'~ RECOMMENDED MOTION: Motion to adopt Resolution No. o~ ~ ~ ~3 , authorizing the application for funding assistance to the Interagency Committee for Outdoor Recreation (Washington Wildlife and Recreation Program) for the development of the Bremerton Skatepark. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 54 RESOLUTION NO. 7A A RESOLUTION of the City Council of the City of Bremerton, Washington, authorizing application for funding assistance for a Washington Wildlife and Recreation Program (WWRP) project to the Interagency Committee for Outdoor Recreation (IAC) as provided in Chapter 79A. 15 RCW, Acquisition of Habitat Conservation and Outdoor Recreation Lands. Project Name: Bremerton Skatepark WHEREAS, our organization has approved a comprehensive plan that includes this project area; and WHEREAS, under the provisions of WWRP, state funding assistance is requested to aid in financing the cost of land acquisition and/or facility development; and WHEREAS, our organization considers it in the best public interest to complete the land acquisition and/or facility development project described in the application; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Parks and Recreation Director be authorized to make formal application to IAC for funding assistance. SECTION 2. Any fund assistance received be used for implementation of the project referenced above. SECTION 3. Our organization hereby certifies that its share of project funding is committed and will be derived from donations and grants. SECTION4. We acknowledge that we are responsible for supporting all non-cash commitments to the sponsor share should they not materialize. SECTION5. We acknowledge that any property acquired or facility developed with IAC financial aid must be placed in use as an outdoor recreation facility and be retained in such use in perpetuity unless otherwise provided and agreed to by our organization and IAC. SECTION 6. This resolution becomes part of a formal application to IAC. SECTION 7. We provided appropriate opportunity for public comrnent on this application. 1 Application for Funding 55 SECTION 8. Severability. If any one or more sections, subsections, or sentences of this Resolution arc held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall rcmain in full force and effect. SECTION 9. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Brcmerton, Washington this __ day of _, 2004. DAREN NYGREN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, Interim City Clerk R 5LEGAL~Resolutions~Authotizing Resolution WWRP.doc 2 Application for Funding