Chapter 1.04
Municipal Agencies
Sections:
1.04.010 Park and Recreation Commission established.
1.04.011 Term of office of members.
1.04.016 Rules, records and expenses.
1.04.020 Planning Commission established.
1.04.021 Appointment, term, compensation, records.
1.04.030 Tree Advisory Commission established.
1.04.031 Term of office of members.
1.04.036 Rules, records, and expenses.
1.04.010 Park and Recreation Commission established.
(a) There is hereby established in the City of DuPont an advisory Park and Recreation Commission, which shall consist of seven members, appointed by the Mayor with the approval of the City Council. Members of the Park and Recreation Commission shall reside within the City limits of the City of DuPont for a minimum of one year prior to their appointment. The Park and Recreation Commission shall, at its first meeting of each year, select from its membership a chairperson who shall preside over its meetings. A chairperson shall be selected by a majority vote of the members currently serving. This language requires only a bare majority (a majority of those actually present and voting) in order to approve the chairperson. In the chairperson’s absence, the senior member present shall act as chairperson for that meeting. The chairperson or acting chairperson shall be a voting member of the Commission.
(b) An alternate member may be appointed by the Mayor and subject to confirmation by a majority vote of the Council. Alternate members shall serve the same length of term and be subject to the same term limits as a regular member. In the event a regular member is absent or disqualified for any reason, the alternate shall have the same powers and duties of a regular member, as set out in this chapter, including the right to vote on Commission actions. The alternate shall be subject to the same attendance requirements as regular members. In the event that a regular position on the Commission is declared vacant, the alternate shall be deemed to fill such vacancy for the remainder of the unexpired term. (Ord. 08-863 § 1; Ord. 15-998 § 1; Ord. 20-1082; Ord. 21-1094 (Exh. A)).
1.04.011 Term of office of members.
(a) Park and Recreation Commission members shall be assigned to numbered positions and shall serve for staggered four-year terms commencing on January 1st of the year of their appointment.
(b) In the event that a position becomes vacant prior to expiration of the term thereof, the person appointed to fill the vacancy shall serve for the balance of such unexpired term.
(c) Two consecutive four-year terms on the Commission must be followed by one mandatory year off. Additional terms are permitted with the same restriction.
(d) The City Clerk will maintain all records pertaining to the Park and Recreation Commission, including appointment dates, terms of office, and absences, whether excused or unexcused. (Ord. 08-863 § 1; Ord. 15-998 § 1; Ord. 21-1094 (Exh. A)).
1.04.012 Removal.
Any member of the Park and Recreation Commission may be removed during their term by the Mayor with consent of the Council, for cause of incapacity, incompetence, neglect of duty, malfeasance in office, conflict of interest or other just cause, or for a disqualifying change of address. Three consecutive unexcused absences from regular Park and Recreation Commission meetings automatically terminate the appointment of the absent member and render the position vacant. (Ord. 08-863 § 1; Ord. 15-998 § 1; Ord. 21-1094 (Exh. A)).
1.04.013 Compensation.
The members of the Park and Recreation Commission shall receive no compensation. (Ord. 08-863 § 1; Ord. 15-998 § 1; Ord. 21-1094 (Exh. A)).
1.04.014 Duties.
(a) Provide for the development of a comprehensive City-wide parks, recreation and open space master plan as well as a site-specific park plan for each park and trail within the City system, which shall specify a purpose for each, its permitted recreational uses, appropriate facilities, and development and operational priorities. Such park and trail plans can be combined for common types of uses, e.g., pocket parks, trails, when to do so effects a cohesive plan.
(b) Provide for a public hearing and recommendation to the Mayor and City Council when the uses or facilities in any City park plan are proposed to be amended.
(c) Advise the Mayor and City Council on policy and fiscal matters relating to parks and recreation operations within the City, e.g., metropolitan park district, grant opportunities, park use fees, State legislative issues, etc.
(d) Advise the Mayor, Council and staff on matters relating to the planning, acquisition, development, use and operation of park facilities and recreational programs within the City.
(e) Advise the Mayor, Council and staff on matters relating to rules and regulations in regard to the use of City parks, trails and other recreational facilities.
(f) Provide advice and recommendation to the Mayor and City Council for the naming of City park facilities.
(g) Write an annual report to the Mayor and City Council on the activities of the previous year and propose a work program for the coming year.
(h) Provide recommendations to the Mayor, City Council and staff for parks and recreation related capital projects for consideration for inclusion in the City’s annual capital facilities plan.
(i) Make special reports, conduct public forums and/or hearings, solicit citizen input, and undertake any other activity necessary to respond to a specific request of the Mayor and City Council.
(j) Collaborate with the Planning Commission relating to parks elements of the comprehensive plan.
(k) Present a quarterly update on Park and Recreation Commission business to the City Council. (Ord. 08-863 § 1; Ord. 15-998 § 1; Ord. 21-1094 (Exh. A)).
1.04.015 Meetings.
The regular meetings of the Park and Recreation Commission shall be held in DuPont City Hall, located at 1700 Civic Drive, DuPont, WA 98327 at 6:00 p.m. on the first Monday of each month except on City-observed holidays. Regular meetings scheduled for Monday holidays shall be held on the first Tuesday of the month in which the conflicting holiday occurs. Additional meetings may be scheduled by a majority vote of the Park and Recreation Commission members as needed. (Ord. 08-863 § 1; Ord. 15-998 § 1; Ord. 17-1020 § 1; Ord. 21-1094 (Exh. A)).
1.04.016 Rules, records and expenses.
The Park and Recreation Commission shall adopt rules of procedure for the conduct of its business, subject to the approval of the City Council. Amendments to the rules of procedure are also subject to the approval of the City Council.
(a) A majority of the membership shall constitute a quorum for the purpose of transacting business. Action of the Commission shall be by majority vote. A tie vote on a motion to approve shall constitute a failure of the motion.
(b) The Public Works Director, or designee, shall serve as staff to the Commission, and shall be responsible for creating a record of all actions. All meetings of the Commission shall be open to the public. The Commission shall keep minutes of its proceedings and such minutes and a copy of its rules shall be kept on file in the office of the City Clerk and be open to inspection by the public.
(c) The budget for park and recreation operations within the municipal budget may include such appropriations as are recommended by the Park and Recreation Commission for operations, capital improvements, contract services, training, programs, and programming.
(d) Conflict of Interest. No member of the Park and Recreation Commission shall participate in discussion or vote on any matter involving any client the member is serving or any business for which the member is owner, corporate officer, or employee. (Ord. 08-863 § 1; Ord. 15-998 § 1; Ord. 21-1094 (Exh. A)).
1.04.020 Planning Commission established.
The purpose of this chapter is to provide for the creation of a Planning Commission (Commission) pursuant to Chapter 35A.63 RCW, and provide for its membership, organization, operation, and expenses. The Commission shall generally serve in an advisory capacity to the City in regional and local planning and specifically assist in the development of the comprehensive plan and zoning ordinance and their successive review and amendment from time to time. The Commission shall have the additional duties specifically set forth in this chapter and such ad hoc duties as the Mayor and/or Council may from time to time assign to it. (Ord. 100, Oct. 30th, 1970; Ord. 233 §§ 1, 2, Nov. 21st, 1979; Ord. 498 §§ 1--6, March 22nd, 1994; Ord. 00-664 §§ 1, 3; Ord. 08-863 § 1; Ord. 15-999 § 1; Ord. 17-1015; Ord. 21-1094 (Exh. A)).
1.04.021 Appointment, term, compensation, records.
(a) Appointment. There is created a Commission consisting of seven members each appointed by the Mayor, and each subject to confirmation by a majority vote of the Council. Members shall be assigned to numbered positions by the Mayor and shall serve for staggered four-year terms commencing on January 1st of the year of their appointment or reappointment. At the end of a member’s term, a former member seeking reappointment must reapply for the position, pursuant to the requirements of this chapter.
(1) Each member of the Commission must reside within the City of DuPont.
(2) Effective December 31, 2019, members appointed to the Commission may not serve on another City agency during their term as a Commission member.
(3) Although the City of DuPont is not divided into political or geographical wards, it is the intent of this section that said Commission membership shall, if possible, maintain a reasonable balance of residential geographical distribution throughout the City of DuPont.
(4) It is the intent of this section, to the extent possible, to appoint Commission members representing a broad diversity of skills, training, and experience related to the duties of the Commission as set out in this chapter.
(5) An alternate member may be appointed by the Mayor and is subject to confirmation by a majority vote of the Council. In the event a regular member is absent or disqualified for any reason, the alternate shall have the same powers and duties of a regular member, as set out in this chapter, including the right to vote on Commission actions. The alternate shall be subject to the same attendance requirements as regular Commission members. In the event that a regular position on the Commission is declared vacant, the alternate shall be deemed to fill such vacancy for the remainder of the unexpired term.
(b) Term. The Commission shall be made up of seven numbered positions each with a four-year term.
(1) Two consecutive four-year terms on the Commission must be followed by one mandatory year off. Additional terms are permitted with the same restriction. In the event that a position becomes vacant prior to expiration of the term thereof, the Mayor shall appoint the alternate member or a new member, pursuant to the requirements of this chapter, to fill the vacancy. The appointee shall serve for the balance of such unexpired term, and shall also be eligible to serve two full terms.
(c) Compensation. The members of the Commission shall receive no compensation.
(d) Official Record. The City Clerk will maintain all records pertaining to the Commission, including appointment dates, terms of office, and absences, whether excused or unexcused. (Ord. 08-863 § 1; Ord. 15-999 § 1; Ord. 17-1015; Ord. 21-1094 (Exh. A)).
1.04.022 Removal.
Any member of the Commission may be removed during their term by the Mayor with a majority vote of the Council confirming the removal. Removal may be for, but is not limited to, the following causes: incapacity; incompetence; neglect of duty; malfeasance in office; conflict of interest or other just cause; or for a disqualifying change of residence. A Commissioner will be expected to attend no less than 80 percent of all meetings in any 12-month period for which there is no prearranged absence. The Mayor may waive the 80 percent attendance requirement; however, no less than 60 percent of all meetings shall be attended. Vacancies shall be filled for the remainder of the unexpired term by the alternate member. (Ord. 08-863 § 1; Ord. 15-999 § 1; Ord. 17-1015; Ord. 21-1094 (Exh. A)).
1.04.023 Powers and duties.
The Commission shall serve in an advisory capacity to the Mayor and the Council by exercising the following powers and duties:
(a) Shall have delegated authority to maintain the City’s comprehensive plan and land use code consistent with the Washington Growth Management Act and shall make mandated and necessary updates and recommendations to the Council and Mayor.
(b) May conduct special studies, conduct public forums, and/or hearings, solicit public input and undertake other specific actions as directed by the Mayor and City Council on matters related to community development.
(c) Shall provide for public hearings and recommendations to the Mayor and City Council as are required by statute or the DuPont Municipal Code to amend the comprehensive plan or land use code.
(d) Shall make an annual report to the Mayor and City Council in December of each year regarding the Commission’s activities of the previous calendar year.
(e) Shall have such other powers and duties as contained in Chapter 35A.63 RCW, as may be amended from time to time, that are not otherwise specifically delegated to the Hearing Examiner or other specific staff or agency of the City. (Ord. 08-863 § 1; Ord. 15-999 § 1; Ord. 17-1015. Formerly 1.04.024; Ord. 21-1094 (Exh. A)).
1.04.024 Meetings.
The regular meetings of the Planning Commission shall be held in the Council Chambers of DuPont City Hall, located at 1700 Civic Drive, DuPont, WA 98327 at 6:30 p.m. on the second Monday of each month except on City-observed holidays. Additional meetings may be scheduled by a majority vote of the Commission members as needed, pursuant to the requirements of the Open Public Meetings Act. (Ord. 08-863 § 1; Ord. 15-999 § 1; Ord. 17-1015; Ord. 21-1093 § 1; Ord. 21-1094 (Exh. A); Ord. 23-1128 § 1. Formerly 1.04.025).
1.04.025 Officers.
The Mayor shall appoint a member of the Commission to serve as chair of the Commission for the following year by no later than November 30th of each year. At the January meeting of the Commission, the members of the Commission shall elect a vice chair from among its membership. (Ord. 17-1015; Ord. 21-1094 (Exh. A)).
1.04.026 Operations.
(a) Rules of Procedure. The Commission shall adopt rules of procedure for the conduct of its business.
(b) Quorum. A majority of the membership shall constitute a quorum for the purpose of transacting business. Action of the Commission shall be by majority vote. A tie vote on a motion to approve shall constitute a failure of the motion.
(c) Staff Support. The Community Development Director, or designee, shall serve as staff to the Commission, and shall be responsible for creating a record of all actions. All meetings of the Commission shall be open to the public. The Commission shall keep minutes of its proceedings and such minutes and a copy of its rules shall be kept on file in the office of the City Clerk and be open to inspection by the public.
(d) Budget. The budget for planning operations within the municipal budget may include such appropriations as are recommended by the Commission for operations, capital improvements, contract services, training, programs and programming.
(e) Conflict of Interest. No member of the Commission shall participate in discussion or vote on any matter involving any business for which the member is owner, officer, or employee; or any individual or business with which the Commissioner has a pecuniary client relationship. Each member of the Commission shall abide by all provisions of Chapters 42.23 and 42.36 RCW now and as amended. (Ord. 08-863 § 1; Ord. 15-999 § 1; Ord. 17-1015; Ord. 21-1094 (Exh. A)).
1.04.030 Tree Advisory Commission established.
There is hereby established a Tree Advisory Commission to evaluate and recommend policies to the City for implementing the City’s goals to provide for a more robust urban forestry program to protect trees, provide for the safety of residents, and to abate or mitigate problems associated with dangerous trees. The Tree Advisory Commission shall consist of five members appointed by the Mayor with the approval of the City Council. Members of the Tree Advisory Commission may include arborists, landscape professionals, urban planners, and citizens with an interest in urban forestry. Members of the Tree Advisory Commission need not be residents of the City. The City Administrator or designee may serve as an ex-officio member of the Commission and shall not count as one of the five members. The Commission shall, at its first meeting of each year, select from its membership a chairperson who shall preside over its meetings. A chairperson shall be selected by a majority vote of the members currently serving. This vote requires only a bare majority (a majority of those actually present and voting) in order to approve the chairperson. In the chairperson’s absence, the senior member present shall act as chairperson for that meeting. The chairperson or acting chairperson shall be a voting member of the Commission. (Ord. 08-866 § 1; Ord. 14-970 § 2; Ord. 15-1000 § 1; Ord. 21-1094 (Exh. A). Formerly 14.08.010 and 14.08.020).
1.04.031 Term of office of members.
(a) Each Commission member shall be assigned to numbered positions and serve for staggered three-year terms commencing on January 1st of the year of their appointment.
(b) In the event that a position becomes vacant prior to the expiration of the term thereof, the person appointed to fill the vacancy shall serve for the balance of such unexpired term.
(c) The City Clerk will maintain all records pertaining to the Tree Advisory Commission, including appointment dates, terms of office, and absences, whether excused or unexcused. (Ord. 08-866 § 1; Ord. 14-970 § 2; Ord. 15-1000 § 1; Ord. 21-1094 (Exh. A). Formerly 14.08.030).
1.04.032 Removal.
Any member of the Tree Advisory Commission may be removed during their term by the Mayor with consent of the Council, for cause of incapacity, incompetence, neglect of duty, malfeasance in office, conflict of interest or other just cause, or for a disqualifying change of address. Any member with three consecutive unexcused absences from regular Tree Advisory Commission meetings will be removed from the Commission which will render their position vacant. (Ord. 14-970 § 2; Ord. 15-1000 § 1; Ord. 21-1094 (Exh. A)).
1.04.033 Compensation.
The members of the Tree Advisory Commission shall receive no compensation. (Ord. 08-866 § 1; Ord. 14-970 § 2; Ord. 15-1000 § 1; Ord. 21-1094 (Exh. A). Formerly 14.08.040).
1.04.034 Duties.
(a) It shall be the responsibility of the Commission to advise and provide information to the Mayor and City Council on matters relating to urban forestry and to help the City meet the requirements of the Tree City U.S.A. program.
(b) When requested by the Mayor, City Council or City Administrator, the Commission may investigate and report upon any specific matter or question on urban forestry, vegetation, or a concern generally related to the purposes of this chapter.
(c) Within a reasonable time following formation of the Commission, the Commission shall produce, adopt, and use a Street Tree Manual as a guidance document.
(d) Prepare an annual report to the Mayor and City Council on the activities of the previous year and propose a work program for the coming year. (Ord. 08-866 § 1; Ord. 14-970 § 2; Ord. 15-1000 § 1; Ord. 21-1094 (Exh. A). Formerly 14.08.060).
1.04.035 Meetings.
The regular meetings of the Tree Advisory Commission shall be held in DuPont City Hall, located at 1700 Civic Drive, DuPont, WA 98327 at 5:00 p.m. on the second Monday of each month except on City-observed holidays. Regular meetings scheduled for Monday holidays shall be generally held on the following Monday of the month in which the conflicting holiday occurs. Additional meetings may be scheduled by a majority vote of the Tree Advisory Commission as needed. (Ord. 08-866 § 1; Ord. 14-970 § 2; Ord. 15-1000 § 1; Ord. 21-1094 (Exh. A); Ord. 23-1128 § 2. Formerly 14.08.050).
1.04.036 Rules, records, and expenses.
(a) The Commission shall adopt rules of procedure for the conduct of its business, subject to the approval of the City Council. Amendments to the rules of procedure are also subject to the approval of the City Council.
(b) Records of the Commission shall be kept by a Commission member who shall be appointed Secretary and who shall submit such records to the City Clerk. All meetings of the Commission shall be open to the public.
(c) A majority of the members of the Commission shall constitute a quorum for the transaction of business and any action taken by a majority of those present shall be deemed action of the Commission. Each member of the Commission, including the chair, shall be entitled to one vote. A tie vote on a motion to approve shall constitute a failure of the motion.
(d) Conflict of Interest. No member of the Tree Advisory Commission shall participate in discussion or vote on any matter involving any client the member is serving or any business for which the member is owner, corporate officer, or employee. (Ord. 08-866 § 1; Ord. 14-970 § 2; Ord. 15-1000 § 1; Ord. 21-1094 (Exh. A). Formerly 14.08.050).