HomeMy WebLinkAbout11/13/2012 - City Council - City Council Meeting Agenda Packet11
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131vi.
ROLL CALL
PLEDGE OF ALLEGIANCE
PRESENTATION
CITY OF EAST WENATCHEE
REGULAR COUNCIL MEETING AGENDA
NOVEMBER 13, 2012 6:30 P.M.
Community Videos — Community Development Director Lori Barnett and Executive Secretary Teresa Allen.
PUBLIC COMMENTS
BUDGET ISSUES
DEPARTMENT REPORT
Finance Director Nick Gerde — Financial Report for the month of October 2012.
MAYOR'S REPORT
CONSENT CALENDAR
1. Consideration of Minutes — Regular Session, October 27, 2012
2. Consideration of Payables and Payroll
PUBLIC HEARING
3. 12-11-01 A public hearing to consider whether the City of East Wenatchee should create a
Transportation Benefit District ("TBD"). The proposed TBD would include the entire
boundaries of the City of East Wenatchee, would have the authority to impose a $20 car -tab
fee without voter approval, and would use the collected revenue to fund and complete
transportation improvements that preserve, maintain and operate existing infrastructure of the
city consistent with the requirements of chapter 36.73 RCW. (Steven C. Lacy, Mayor)
ORDINANCE
4. 12-11-02 First reading of an ordinance creating and establishing the East Wenatchee Transportation
Benefit District and adding Chapter 4.42 to the East Wenatchee Municipal Code. (Steven C.
Lacy, Mayor)
5. 12-10-06 A- Second reading of an ordinance authorizing the regular property tax levy to be collected in the 2013
tax year and authorizing any increase which may be allowed in the amount under new construction,
improvements to property and the State assessed property provisions of State Law regarding
property taxes in the proposed 2013 East Wenatchee Budget. (Nick Gerde, Finance Director)
B- Second reading of an ordinance authorizing the regular property tax levy to be collected in the 2013
tax year, an increase of one percent in the regular property tax levy, an increase of $85,567.25 in the
regular property tax levy resulting from previously banked capacity, and authorizing any increase
which may be allowed in the amount under new construction, improvements to property and the State
assessed property provisions of State Law. (Nick Gerde, Finance Director)
Continued on next page .........
In compliance titiith the Americans with Disabilities get, if'you need special assistance to participate in this tneeting please
contact the On, Clerk at 509-884-9515. Notification 48 hours prior to the meeting; will enable the City to snake reasonable
arran,,etnents to ensure accessibilitn to this tneetltt,.
Pagel of 2
C- Second reading of an ordinance regarding property taxes in the proposed 2013 East
Wenatchee Budget authorizing an increase of one percent in the regular property tax levy to be
collected in the 2013 tax year. (Nick Gerde, Finance Director)
• ACTION ITEMS
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6. 12-09-06 Approval of an Employment Contract with Devin Poulson for services as City Attorney.
(Steven C. Lacy, Mayor)
7. 12-11-03 Approval of a Contract with Corban Security for the City Hall Master Key / Proximity
Project. (Don McGahuey, City Engineer)
COUNCIL REPORTS
EXECUTIVE SESSION
Ongoing litigation
ADJOURNMENT
In compliance 01h the Americans with Disabilities Act, if'you need special assistance to participate in this meeting please
contact the Citv Clerk at 509-884-9515. NotiFcation 48 hours prior to the tneeling will enable the City to make reasonahle
arran•,emenls to ensure accessibility to this meeting.
Page 2 of 2
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CITY OF EAST WENATCHEE, WASHINGTON
REGULAR SESSION OF THE CITY COUNCIL CONVENED
MAYOR STEVEN C. LACY, PRESIDING
OCTOBER 23, 2012
6:30 P.M.
ROLL CALL
Mayor Steven C. Lacy
Councilmember Tim Detering
Councilmember George Buckner
Councilmember Chuck Johnson
Councilmember Frank Collings
Councilmember Harry Raab
Councilmember Sandra McCourt
Councilmember Wayne Barnhart
EMPLOYEES IN ATTENDANCE
City Attorney Devin Poulson
City Clerk Dana Barnard
Police Chief Randy Harrison
Municipal Court Judge Chancey Crowell
. City Treasurer/Finance Director Nick Gerde
City Engineer Don McGahuey
Executive Secretary Teresa Allen
Clerical Assistant Shawn Murison
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PUBLIC COMMENTS
Nathan Scott, PO Box 3142, Wenatchee, East Wenatchee resident, spoke in opposition of the
Transportation Improvement District and believes it should be up to the voters to decide by placing the
car tab fee issue on the ballot.
BUDGET ISSUES
Finance Director Nick Gerde, reviewed the agenda items discussed at the Budget Committee Meeting
held on October 17, 2012, which included; Employee Contracts for the City Attorney and the City
Engineer, employee contributions for health insurance premiums, operating revenue and operating
expenses, projects associated with the Storm Water Utility, and the 2013 Preliminary Budget.
DEPARTMENT REPORTS
Finance Director Nick Gerde, reviewed the 2013 Preliminary Budget worksheet by fund and the Capital
projects summary for 2013. He also reviewed the 2013 Financial Budget and the 2013 Budget
Assumptions and Highlights which included: thirteen sources of revenue; revenue for capital
improvements; departmental costs; operating expenditure categories; capital expenditure categories; and
primary assumptions for capital projects costs.
Page 5 of 152
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CITY OF EAST WENATCBEE COUNCIL MINUTES OCTOBER 23, 2012
MAYORS REPORT
Mayor Lacy said there will be a public hearing at the next City Council meeting regarding the
Transportation Improvement District (TBD). He noted that upon passage of an ordinance to approve the
Transportation Benefit District the earliest that they could anticipate getting this entity set up, and meeting
deadlines for collection of revenue would be sometime next year.
Councilmembers discussed the memo submitted by City Attorney Devin Poulson regarding a
Transportation Benefit District which included; history, formation, revenue sources, financial impact of
$20 car tab fee, allowable uses of revenue, when can a TBD use the revenue it collects, benefits of
establishing a TBD, and adverse consequences of establishing a TBD.
Mayor Lacy said he wants to track what is going on with the Wenatchee Valley Visitors Bureau and the
decision making process in order to determine whether an option still exists for tourism promotion.
CONSENT CALENDAR
Items listed below were distributed to Councilmember's in advance for study and were enacted in one
motion.
Council Action: A motion was made by Councihnember Buckner, second by Councilmember Raab, to
approve the Consent Calendar as presented. The motion carried, 7-0.
• 1. Consideration of Minutes — Regular Session, October 9, 2012
2. Consideration of Payables
i. 2012 Payables — As of this date, October 23, 2012, Council does approve
check numbers 36802 through 36805 and 36840 through 36908 in the
total amount of $121,818.33. Payables check 36780 was voided.
ii. 2012 Payroll — As of this date, October 23, 2012, Council does approve
check numbers 36601 through 36637, and 36691 through 36739 for
September 2012 payroll in the amount of $353,829.83.
PUBLIC HEARING
12-10-04 A public hearing regarding property taxes in the proposed 2013 East Wenatchee Budget.
Mayor Lacy opened the public hearing at 7:25 p.m.
Nathan Scott, PO Box 3142, Wenatchee, spoke in opposition of property tax increases.
Mayor Lacy closed the public hearing at 7:30 p.m.
ORDINANCE
12-10-05 First reading of An Ordinance of the City of East Wenatchee Amending Ordinance
Number 2011-14 amending the City's 2012 Budget.
Presented by: Nick Gerde, Finance Director
• Mayor Lacy elevated the ordinance to second reading.
Page 6 of 152
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CITY OF EAST WENATCHEE COUNCIL MINUTES OCTOBER 23, 2012
Council Action: A motion was made by Councilmember Barnhart, second by
Councilmember Buckner, adopting the ordinance amending Ordinance Number 2011-14.
The motion carried, 6-0.
ORDINANCE NO. 2012-11
An Ordinance of the City of East Wenatchee, Washington, amending Ordinance
Number 2011-14 which set the City of East Wenatchee 2012 Budget.
Mayor Lacy stated that the next three ordinances are three different options with respect to property tax.
Mayor Lacy read first reading of the following ordinances relating to property taxes in the 2013 East
Wenatchee Budget.
12-10-06 A- First reading of an ordinance authorizing the regular property tax levy to be collected in
the 2013 tax year and authorizing any increase which may be allowed in the amount
under new construction, improvements to property and the State assessed property
provisions of State Law regarding property taxes in the proposed 2013 East Wenatchee
Budget.
B- First reading of an ordinance authorizing the regular property tax levy to be collected in
the 2013 tax year, an increase of one percent in the regular property tax levy, an increase
of $85,567.25 in the regular property tax levy resulting from previously banked capacity,
• and authorizing any increase which may be allowed in the amount under new
construction, improvements to property and the State assessed property provisions of
State Law.
C- First reading of an ordinance regarding property taxes in the proposed 2013 East
Wenatchee Budget authorizing an increase of one percent in the regular property tax levy
to be collected in the 2013 tax year.
ACTION ITEMS
12-09-07 Approval of an Employment Contract with Don McGahuey for services as City Engineer.
Presented by: Don McGahuey, City Engineer
Council Action: A motion was made by Councilmember Detering, second by
Councilmember Collings, to approve the Employment Contract with Don McGahuey for
services as City Engineer. The motion carried, 7-0.
12-10-07 Authorization for the Mayor to sign a Memorandum of Agreement between the City of
East Wenatchee and the 846-W addressing the wages of Associate Engineer.
Presented by: Devin Poulson, City Attorney
Council Action: A motion was made by Councilmember Barnhart, second by
Councilmember Detering, authorizing the Mayor to sign the Memorandum of Agreement.
• The motion carried, 7-0.
Page 7 of 152
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CITY OF EAST WENATCHEE COUNCIL MINUTES OCTOBER 23, 2012
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ADDED Approve Transfer of Waste Oil Collection and Heating Equipment to the Eastmont
School District.
Presented by: Devin Poulson, City Attorney
Council Action: A motion was made by Councilmember Johnson, second by
Councilmember Detering, approving the transfer of Waste Oil Collection and Heating
Equipment to the Eastmont School District. The motion carried, 7-0.
RESOLUTION
8. 12-10-08 A Resolution, authorizing the Mayor to execute the Project Prospectus and Local Agency
Agreement for the Citywide Safety Improvement Project for the Citywide Safety
Improvement Project.
Presented by: Don McGahuey, City Engineer
Council Action: A motion was made by Councilmember Detering, second by
Councilmember Barnhart, adopting the resolution authorizing the Mayor to execute the
Project Prospectus and Local Agency Agreement for the Citywide Safety Improvement
Project. The motion carried, 7-0.
RESOLUTION NO.2012-23
• A Resolution of the City of East Wenatchee, Washington, authorizing the Mayor to
execute the Local Agency Federal Aid Project Prospectus and the Local Agency
Agreement for the Citywide Safety Improvement project.
DISCUSSION
9. 12-10-09 A discussion regarding updating the City's Noise Ordinance.
Presented by: Devin Poulson, City Attorney
Following Council discussion, it was decided to have the City Attorney include limiting
noise from 11:00 p.m. to 7:00 a.m. in the ordinance.
COUNCIL REPORTS
Councilmember Collings said he attended the Countywide Solid Waste Technical Advisory Committee
meeting held last week in which they discussed replacing Ron Draggoo with a '/ time person. They also
discussed bringing back the hazardous waste recycling program with a goal of having it in place by 2014.
Councilmember Buckner submitted an article from the Wenatchee World regarding a National Report
featuring the collaboration of two local groups the City of East Wenatchee supports. They include the
North Central Washington Economic Development District and the North Central Regional
Transportation Planning Organization.
• Councilmember Detering asked City Engineer Don McGahuey to look at what would be required to
increase the speed limit on I 11h Street from Eastmont Avenue to Baker Avenue from 25 mph to 30 mph as
it now has sidewalks and bike lanes.
Page 8 of 152
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CITY OF EAST WENATCBEE COUNCIL MINUTES OCTOBER 23, 2012
The following reports/minutes were submitted in writing prior to the City Council meeting.
• Councilmember Buckner — minutes from North Central Washington Resource Conservation &
Development meeting held July 11, 2012, and the North Central Washington Economic
Development District meeting held on September 12, 2012.
ADDTTIONAL INFORMATION
Wenatchee Valley Animal Control — 3'd Quarter Report 2012.
City Attorney Devin Poulson — Memorandum — Transportation Benefit District.
ADJOURNMENT 8:25 p.m.
Dana Barnard
City Clerk
Page 9 of 152
CITY OF EAST WENATCHEE
CHECK REGISTER
2012 PAYABLES
13-Nov-12
ECK NUMBERS: 36913-36916; 36964-37025
OIDED CHECKS: 36862; 36904
DEPARTMENT/FUND
ACCOUNT NUMBER
AMOUNT
27846.95
8,288.17
901.97
491.81
1,009.98
-
Current Expense Fund:
001 000 000
001 000 001
General Government Department
Legislative Department
001 000 110
Municipal Court Department
001 000 120
City Clerk Department
001 000 140
Internal Services Department
001 000 141
Finance Department
001 000 142
001000 145
5,506.13
Civil Service
001 000 160
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Legal Service
001000,151
355.00
1,998.26
Central Services Department
001 000 180
Police Department
001 000 210
8,089.70
Detention (Jail Services)
001 000 230
2,520.00
001 000 250
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Engineering Services
001 000 315
722.91
Planning Department
001 000 580
204.53
Code Compliance Department
001 000 590
49.81
Agency Disbursements
001 001 000
994.00
59,031.72
reet Fund:
NPDES
050 000 312-050 000 313
18,035.73
Street Maintenance
101 000 420
3,273.07
Street Administration
101 000 430
4,779.28
Street Construction
101 000 950
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Street Fund Total
26,088.08
Other Funds:
Comm Dev Grants Fund
102 000 000
0.00
Library Fund
112 000 000
228.26
Stadium Fund
113 000 000
4,338.23
Drug Fund
114 000 000
-
East Wenatchee Events Board
117 000 000
3,161.39
Street Improvement Fund
301-000-000
1,132.54
150,058.75
158,919.17
244,038.97
St Imp Bond Redempt Fund #3
202 000 000
Other Funds Total
Grand Total All Funds
0
0 � Fund Transaction Summary
Invoice
Fiscals: 2012 - November - First Pay November
001-000-000-
Current Expense
$52.50
001-000-001-
Sub -Department
$27,846.95
001-000-110-
Sub -Department
$8,288.17
001-000-120-
Sub -Department
$901.97
001-000-140-
Sub -Department
$491.81
001-000-141-
Sub -Department
$1,009.98
001-000-145-
Sub -Department
$5,506.13
001-000-151-
Sub -Department
$355.00
001-000-180-
Sub -Department
$1,998.26
001-000-210-
Sub -Department
$8,089.70
001-000-230-
Sub -Department
$2,520.00
001-000-315-
Sub -Department
$722.91
001-000-580-
Sub -Department
$204.53
001-000-590-
Sub -Department
$49.81
001-001-000-
Department
$994.00
050-000-312-
Sub -Department
$17,724.04
050-000-313-
Sub -Department
$311.69
101-000-420-
Sub -Department
$3,273.07
101-000-430-
Sub -Department
$4,779.28
Library Fund
$228.26
•112-000-000-
113-000-000-
Stadium Fund
$4,338.23
117-000-400-
Sub -Department
$1,990.64
117-000-500-
Sub -Department
$1,170.75
202-000-000-
ST Imp Bond Redempt Fund #3
$150,058.75
301-000-000-
Street Improvement Fund
$1,132.54
Count: 25
$244,038.97
0 Execution Time: 1 minute(s), 41 second Printed by EASTWENATCHEE\tallen on Page 1 of 1
East Wenatchee - Fund Transaction Summary
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CITY OF EAST WENATCHEE
•
COUNCIL AGENDA BILL*
PRESENTER:
POSITION:
TITLE:
12-01-01
CITY COUNCIL AGENDA BILL
AGENDA ITEM # 3
Steven C. Lacy AGENDA DATE:
Mayor DEPARTMENT:
November 13, 2012
Legislative
City of East Wenatchee
Notice of Public Hearing
Creation of a Transportation Benefit District (TBD)
The City of East Wenatchee notifies the general public that the East Wenatchee City Council will
conduct a public hearing to consider whether it should create a Transportation Benefit District
("TBD"). The proposed TBD would include the entire boundaries of the City of East Wenatchee,
would have the authority to impose a $20 car -tab fee without voter approval, and would use the
collected revenue to fund and complete transportation improvements that preserve, maintain and
operate existing infrastructure of the city consistent with the requirements of chapter 36.73 RCW.
The City Council will conduct the public hearing on November 13, 2012 at 6:30 p.m. in the
Council Chambers at East Wenatchee City Hall, 271 91' St. N.E., East Wenatchee, Washington.
The City Council invites all interested persons to attend this hearing. Please contact Dana Barnard
at 884-9515 for additional information. Interested parties may also submit written comments to
the City Council in two ways: 1) Send a letter via regular mail to "East Wenatchee City Council,
271 9`h St. N.E., East Wenatchee, Washington 98802' ; or 2) email a comment to dbarnard@east-
wenatchee.com. A comment should include: "Transportation Benefit District" in the subject line,
the commenter's name, and the commenter's mailing address.
ACTION TAKEN:
Motion Made By:
Councilmember Bremmer
Councilmember Johnson
Councilmember McCourt
Councilmember Barnhart
Passed: Failed:
Second By:
Councilmember Raab
Councilmember Buckner
Councilmember Hendricks
Mayor Lacy (in case of tie)
Page 1 of 1
P
r .
. SIGN IN ONLY IF YOU WISH TO MAKE COMMENTS DURING THE PUBLIC HEARING
A PUBLIC HEARING
to consider whether the City of East Wenatchee should create a
Transportation Improvement District (TBD). The proposed TBD would
include the entire boundaries of the City of East Wenatchee, and the City
would have the authority to impose a $20 car -tab fee without voter
approval.
November 13, 2012
PRINT NAME SIGNATURE ADDRESS
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CITY OF EAST WENATCHEE
0
is
COUNCIL AGENDA BILL #
PRESENTER:
CITY COUNCIL AGENDA BILL
12-11-02 AGENDA ITEM # 4
Devin Poulson
AGENDA DATE: November 13, 2012
POSITION: City Attorney DEPARTMENT: Legal Department
TITLE: An Ordinance of the City of East Wenatchee creating and establishing the East
Wenatchee Transportation Benefit District and adding Chapter 4.42 to the East
Wenatchee Municipal Code.
BACKGROUND/ A Transportation Benefit District "TBD" is a quasi -municipal corporation and
HISTORY: independent taxing district created for the sole purpose of acquiring,
constructing, improving, providing, and funding transportation improvements
within the district. The proposed boundaries of the TBD are identical with the
City limits.
Statutory authority for Transportation Benefit Districts has existed for 20
years. However, until 2007 to establish a TBD required a vote of the people. In
2007, the Association of Washington Cites (AWC) worked with the Legislature
to provide some relief to cities and counties for traffic congestion. AWC was
successful in amending the law to allow some flexibility. A City (or County)
may now implement up to a $20 per vehicle fee with City Council (or County
Commissioner) approval under Chapter 36.73 RCW. The members of the
legislative authority proposing to establish the district, in this case the East
Wenatchee City Council, would make up the TBD Board. Members of the TBD
Board are acting ex-officio and independently from City Council.
I spoke with Juan Esparza of the Auditor's Office, who said the District could
use its revenue for residential streets, as long as it had a methodology that
showed a plan on how the revenue was to be used. He did express some
concern if the District used the revenue solely for residential streets.
The Public Works Department has developed a Street Overlay Program that
identifies streets that need upkeep, repair, and maintenance that are not
likely to be eligible for grant funding. If this Ordinance is passed, it is the
intent of the City to use revenue collected by the TBD to fund the projects
identified on the Street Overlay Program.
EXHIBITS: 1 . Ordinance 2012-[#]
2. FAQ
3. Memo to City Council
4. Street Overlay Program Map
S. Street Overlay Cost Evaluation
Page 1 of 2
6. Proposed Interlocal Agreement between the City and the District
.7
�L)
•
RECOMMENDED This Ordinance is on for first reading only. The recommended action is the
ACTION: schedule a second reading at the next City Council Meeting.
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$ N/A $ N/A $ N/A
ACTION TAKEN:
Motion Made By: ?-VLY-Y\6q-- Second By: \, �hnwn
Councilmember Collings Councilmember Raab
Councilmember Johnson Councilmember Buckner
Councilmember McCourt Councilmember Detering
Councilmember Barnhart Q
Passed: �j I Failed: Mayor Lacy (in case of tie)
01 CLY"C:l�iI?n oG 105 v4 Pir-v,4— �pmr 10 G nti I.A., 6\n�,1i, 4 -1.Pi 4,
Johr)�Svn/ M' '
7/0
Page 2 of 2
0 City of East Wenatchee, Washington
Ordinance No. 2012-[#]
An Ordinance of the City of East Wenatchee creating and establishing the East
Wenatchee Transportation Benefit District and adding Chapter 4.42 to the East
Wenatchee Municipal Code.
1. Recitals
a.
Preamble. The City of East Wenatchee ("City") is a non -charter code City duly
incorporated and operating under the laws of the State of Washington.
b.
By enacting chapter 36.73 RCW, the State Legislature authorized cities to
establish a transportation benefit district for the purpose of acquiring,
constructing, improving, providing, and funding transportation improvements
within the city that are consistent with any existing state, regional, or local
transportation plans and necessitated by existing or reasonably foreseeable
congestion levels.
C.
The Legislature's intent in enacting Chapter 36.73 RCW is to enhance the
capability of cities, towns and counties to make and fund transportation
improvements necessitated by economic development and to improve the
performance of the transportation system;
d.
RCW 36.73.015 defines "transportation improvement" to mean a project
contained in the transportation plan of the state, a regional transportation planning
organization, city, county, or eligible jurisdiction as identified in RCW
36.73.020(2). A project may include investment in new or existing highways of
statewide significance, principal arterials of regional significance, high capacity
transportation, public transportation, and other transportation projects and
programs of regional or statewide significance including transportation demand
management. Projects may also include the operation, preservation, and
maintenance of these facilities or programs.
e.
The transportation benefit district will include the entire City of East Wenatchee
as the boundaries currently existing or as may be expanded upon annexation.
f.
The Council encourages the transportation benefit district governing board to
amend its list of eligible projects annually in accordance with Chapter
36.73.050(2)(b).
• City of East Wenatchee
Ordinance 2012-[#]
Page 1 of 6
• 2. Authority.
a. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt
ordinances of all kinds to regulate its municipal affairs and appropriate to the
good government of the City.
b. RCW 35.21.225 authorizes the City Council to establish a transportation benefit
district for the purpose of acquiring, constructing, improving, providing, and
funding transportation improvements, subject to the provisions of Chapter 36.73
RCW.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
Section 1: Findings. The City Council makes the following findings:
a)
As required by RCW 36.73.050, the City published notice of a public hearing
(attached as Exhibit A), which described the projects and activities to be
funded by the transportation benefit district;
b)
As required by RCW 36.70 3.050, on November 13, 2012, the City Council
conducted a public hearing;
c)
It is in the best interest of the City to establish a city-wide transportation
benefit district consistent with Chapter 36.73 RCW, to protect the City's long
term investments in infrastructure, to reduce the risk of transportation facility
failures and improve safety, to continue optimal performance of the
infrastructure over time, and to avoid more expensive infrastructure
• d)
replacement in the future; and
The City's Residential Street Overlay Program must be annually updated to
identify projects that constitute transportation improvements that may be
funded by the TBD as funding becomes available
Section 2: Adoption. The City Council adopts a new Chapter of the East Wenatchee
Municipal Code. Chapter 4.42 of the East Wenatchee Municipal Code will read as
follows:
Sections:
4.42.010
4.42.020
4.42.030
4.42.040
4.42.050
4.42.060
City of East Wenatchee
is Ordinance 2012-[#]
Page 2 of 6
Chapter 4.42
TRANSPORTATION BENEFIT DISTRICT
Formation.
Boundaries.
Transportation Benefit District Governing Board.
Powers.
Transportation Improvements Funded.
Dissolution of District.
• 4.42.010 Formation.
As authorized by RCW 35.21.225 and by chapter 36.73 RCW, the City of
East Wenatchee establishes and creates the East Wenatchee Transportation
Benefit District (District).
4.42.020 Boundaries.
The geographical boundaries of the District are the city limits of the City
of East Wenatchee as they now exist or as they may be altered by future
annexations.
4.42.030 Transportation Benefit District Governing Board.
Consistent with RCW 36.73.0202(3), the governing board of the District is
the City of East Wenatchee City Council acting in an ex officio and independent
capacity. The governing board may exercise all statutory powers set forth in
Chapter 36.73 RCW
A. As required by RCW 36.73.160(1), the governing board must develop a
material change policy to address major plan changes that affect project delivery
or the ability to finance the plan.
B. A required RCW 36.73.160(3), the governing board must issue an annual
report.
• C. Meetings of the governing board are governed by the procedural rules
applicable to the meetings of the City Council. The governing board must take
action in the same manner and follow the same procedure as the City Council uses
to adopt resolutions. Whenever possible, the governing board will meet on a date
scheduled for city council meetings.
D. The first action the governing board must take is to nominate and elect a
chair. The chair presides over all meetings of the governing board.
E. As required by RCW 36.73.020(4), the city treasurer is the ex ofcio
treasurer of the Transportation Benefit District.
F. The East Wenatchee City Attorney is the legal adviser to the governing
board, except where the District engages separate counsel or where the City
Attorney has a conflict of interest.
As r red by RCW 36.73.160 (1), the governing board must develop a
:mate ange policy to address major plan changes that affect project delivery
abili of the District to finance the plan.
City of East Wenatchee
40 Ordinance 2012-[#]
Page 3 of 6
• 'XUP
The governing Board may authorize an Advisory Committee, consisting of
& o seven city residents to advise the governing board as requested on matters
relating to project priorities and material changes. An Advisory Committee
member is nominated by the chair and confirmed by the governing board
4.42.040 Powers.
The governing board has and may exercise any and all powers and
functions provided by chapter 36.73 RCW to fulfill the purposes of the District.
4.42.050 Transportation Improvements Funded
The revenues of the District must be used for transportation improvements
that preserve, maintain and operate existing infrastructure of the city consistent
with the requirements of chapter 36.73 RCW. Expenditures of District revenues
must preserve, maintain and operate the city's previous investments in
transportation infrastructure, reduce the risk of transportation facility failure,
improve safety, or reduce congestion. The governing board may change or expand
these authorized purposes only after notice, hearing, and other procedures
described in RCW 36.73.050(b)(2).
4.42.060 Dissolution of District
In accordance with the procedures set forth in Chapter 36.73 RCW, the
District automatically dissolves when all indebtedness of the District has been
retired and when all of the District's anticipated responsibilities have been
satisfied.
In addition to automatic dissolution of the District, the governing board has the
right to cause the dissolution of the District for any legal reason.
4.42.070 Liberal Construction.
As authorized by Chapter 36.73 RCW, this chapter is liberally construed to permit
the accomplishment of its purpose.
Section 3: Severability. If a court of competent jurisdiction declares any provision in this
Ordinance to be contrary to law, such declaration shall not affect the validity of
the other provisions of this Ordinance.
Section 4: Publication. The City Council directs the City Clerk to publish a summary of this
Ordinance. The summary shall consist of the title of this Ordinance.
Section 5: Effective Date. This Ordinance becomes effective five days after the date its
summary is published.
City of East Wenatchee
Ordinance 2012-[#]
Page 4 of 6
• Passed by the City Council of East Wenatchee, at a regular meeting thereof on this
day of 12012.
0
CITY OF EAST WENATCHEE,
WASHINGTON
By
Steven C. Lacy, Mayor
ATTEST:
Dana Barnard, City Clerk
Approved as to form only:
Devin Poulson, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
City of East Wenatchee
Ordinance 2012-[#]
Page 5 of 6
• Summary of Ordinance No. 2012-[#]
Of the City of East Wenatchee, Washington
On the day of , 2012, the City Council of the City of East
Wenatchee, Washington approved Ordinance No. 2012- , the main point of which may be
summarized by its title as follows:
An Ordinance of the City of East Wenatchee creating and establishing the East
Wenatchee Transportation Benefit District and adding Chapter 4.42 to the East
Wenatchee Municipal Code.
Upon request, the City will mail a full text of this Ordinance.
Dated this day of , 2012.
CITY CLERK, DANA BARNARD
0
City of East Wenatchee
40 Ordinance 2012-[#]
Page 6 of 6
0 FAQ
What is a Transportation Benefit District?
A Transportation Benefit District (TBD) is a quasi -municipal corporation and independent taxing
district created for the sole purpose of acquiring, constructing, improving, providing, and funding
transportation improvements within the district.
Who may create a TBD?
The legislative authority of a county or city may create a TBD by ordinance following the
procedures set forth in RCW Chapter 36.73. The county or city proposing to create the TBD may
include other counties, cities, port districts, or transit districts through interlocal agreements.
What are the boundaries of the East Wenatchee TBD?
A county or city may choose to have the TBD boundaries identical with the county or city, or
just include a portion of the city or county. However, if a TBD chooses to exercise the tax
authority that does not require a public vote, the boundaries of the TBD must be citywide. The
proposed, physical boundaries of the East Wenatchee TBD are identical with the East Wenatchee
City limits.
Who governs the East Wenatchee TBD?
The members of the legislative authority (county or city) proposing to establish the TBD is the
governing body of the TBD. The East Wenatchee TBD Board will consist of all members of the
East Wenatchee City Council. The legislative authority acts ex-officio and independently as the
governing body. If a TBD includes other jurisdictions through interlocal agreements, then the
governing body must have at least five members, including at least one elected official from each
of the participating jurisdictions.
Why create a TBD if the City legislative authority is the governing board?
A TBD is a legal authority. Although a TBD has many of the powers of a city (imposes taxes,
eminent domain powers, can contract, etc.), it is a separate taxing district. Additionally, by being
a separate legal and taxing authority, TBDs are flexible. For example, more than one type of
jurisdiction can be part of a TBD and the boundaries can be less than countywide or citywide.
Can a TBD be created without imposing fees or proposing voter approved revenue options?
No. The creation of a TBD must be through an ordinance. The ordinance must include a finding
that the creation of a TBD is in the public's interest, the boundaries of the TBD, a description of
the transportation improvements proposed by the district, and the proposed taxes and fee charges
the TBD will impose to raise revenue to fund the identified improvements.
Are TBD revenues required to be spent as they are collected?
No, unlike impact fees, TBD revenues do not have to be spent in a specified time frame. The
governing body must develop a plan that specifies the transportation improvements to be
provided or funded by the TBD.
is
• What transportation improvements can be funded by a TBD?
A TBD can fund any transportation improvement contained in any existing state or regional
transportation plan that is necessitated by existing or reasonably foreseeable congestion levels.
This can include maintenance and improvements to city streets, county roads, state highways,
investments in high capacity transportation, public transportation, transportation demand
management and other transportation projects identified in a regional transportation planning
organization plan or state plan.
If the TBD transportation improvements must be in a state or regional plan, does that
mean only state and regional roads such as arterials, can be funded?
No. The TBD statute originally limited the use of funds for city streets and county roads to 40%
of funds generated. That limitation was removed to make the TBD an option for purely locally
determined activities.
What happens if a city imposes the $20 vehicle fee and then the county imposes a
countywide fee without voter approval?
The law requires TBDs to provide a credit for vehicle fees previously imposed by a TBD. For
example, if East Wenatchee was first to create a TBD to impose a $20 vehicle fee and
subsequently Douglas creates a countywide TBD imposing a $20 vehicle fee, the county TBD
must provide a $20 credit against its fee for vehicles registered in East Wenatchee. As a result,
no fee would be collected by the Douglas County TBD from vehicles registered in East
Wenatchee.
What other requirements should I be aware or
Revenue rates, once imposed, may not be increased, unless authorized by voter approval. If
project costs exceed original costs by more than 20 percent, a public hearing must be held to
solicit public comment regarding how the cost change should be resolved. The TBD must issue
an annual report to include the status of project costs, revenues, expenditures, and construction
schedules. The TBD must be dissolved upon completion of the project(s) and upon the payment
of any debt service.
Can I "opt out" of the $20 Transportation Benefit District fee?
No. The Transportation Benefit District Fee is mandatory for all vehicles subject to the fee under
RCW 82.80.140, and renewing their tabs in the East Wenatchee City Limits.
•
CITY OFEASTWENATCHU
MEMORANDUM
To: Councilmembers Wayne Barnhart, George Buckner, Frank Collings, Tim
Detering, Chuck Johnson, Sandra McCourt, and Harry Raab.
And to: Mayor Steven C. Lacy
From: City Attorney Devin Poulson
Date: October 17, 2012
Subject: Transportation Benefit District
History
The information below outlines what a Transportation Benefit District is, formation
requirements, the sources of revenue available to a district, the types of projects a district is
statutorily allowed to build and maintain, the benefits for forming a district, and the criticisms of
forming s district.
Transportation benefit districts (Transportation Benefit Districts) are quasi -municipal
corporations with independent taxing authority, including the authority to impose property taxes
and impact fees for transportation purposes. RCW 35.21,225 governs formation by cities.
In 1987, the Legislature created Transportation Benefit Districts as an option for local
governments to fund transportation improvements.
In 2005, the Legislature amended the Transportation Benefit District statute to expand its uses
and revenue authority. In 2007, the Legislature amended the Transportation Benefit District
statute to authorize the imposition of vehicle fees and transportation impact fees without a public
vote.
In 2010, the Legislature amended the Transportation Benefit District statute again to clarify
project eligibility, the use of impact fees, and sales tax expenditures, and make Transportation
Benefit District governance more flexible.
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• Formation
A city takes legislative action through the ordinance process to create a TBD. The ordinance
creating the TBD may also specify and authorize what fees or revenues that the TBD may
pursue. The TBD, acting in its own official capacity, has the authority to identify proposed fees
or revenue options.
If the City wishes to form a TBD, the City Council will need to:
• Publish notice of a public hearing (at least once, ten days or more before the proposed
hearing in a newspaper of general circulation within the proposed TBD).
• The notice must enumerate the functions the TBD will perform.
• Hold a public hearing (the legislative authority of the jurisdiction must hear objections
from any person affected by the creation of the TBD).
• Adopt an ordinance creating a TBD.
The ordinance must include:
• A finding that the creation of a TBD must be in the public's interest
• The boundaries of the TBD
• The functions and powers of the TBD
• Description of the transportation improvements proposed by the district
In practical terms, the governing board of the TBD will be the City Council and serve as a
separate government, much like a water district. The TBD Board shall conduct business
independent of a City Council meeting and have the authority to exercise the statutory powers set
forth in Chapter 36.73 RCW.
The treasurer of the Transportation Benefit District will be the City Finance Director.
To the extent City employees work on TBD projects, the City will have to be paid. There are also
additional administrative considerations. The TBD would need to have all of the same
administrative functions, including but not limited to: approved procedures, clerk functions
(meeting notices, agendas, minutes, records, etc.), finance functions (budget, accounting,
auditing, etc.), and legal services.
Revenue Sources
A TBD has the following finance options available to it:
• Sales and Use Tax (82.14.0455)
o Up to 0.2%, with voter approval
o Tax may not be in effect longer than 10 years unless reauthorized by voters
• Motor Vehicle License Renewal Fee (82.80.140)
o Up to $20 annual fee, without voter approval
o Up to $100 annual fee, with voter approval
o Vehicles of 6000 lbs or less
• Excess Property Tax Levies (36.73.060)
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o
One year, voter approved
• o
Multi -year for GO bonds
• Tolls (36.73.040(2)(d))
o
Tolls on facilities including state routes and local roads
o
Tolls on state routes must be administered by WSDOT
o
All tolls must be approved by Transportation Commission
• Other
Revenue Sources
o
Border Area Motor Fuel and Special Fuel Tax (RCW 82.47.020)(not applicable to
East Wenatchee)
o
Late -comer fees (36.73.140)
o
Development fees (36.73.040(2)(c) and 36.73.120)
o
LID formation (36.73.080)
Revenue rates, once imposed, may not be increased, unless authorized by voter approval.
The TBD must issue an annual report to include the status of project costs, revenues,
expenditures, and construction schedules.
Financial Impact of $20 Car Tab Fee
The vehicle license fee is administered by the Department of Licensing (DOL). The fee cannot
be collected until 6 months after the fee is authorized by voters or the TBD goveming board. The
fee is collected by DOL on vehicle renewals, remitted to the State Treasurer who will then remit
the proceeds to the TBD monthly.
If the City created a TBD and the TBD adopts a $20 vehicle license fee by early January,
2013, the TBD could expect to receive approximately $75,000 in 2013 for six months of revenue
receipts (July -December). This is because there is a six-month delay from the date of
authorization to the date the Department of Licensing starts collecting the fee.
The TBD may expect to receive up to $150,000 for a full -year in 2014. The caveat is that this is
only an estimate and is subject to change based on actual numbers from the Department of
Licensing at the time fees are collected.
Allowable Uses of Revenue
According to RCW 36.73.015, "Transportation improvement" means a project contained in the
transportation plan of the state, a regional transportation planning organization, or city. A project
may include investment in new or existing highways of statewide significance, principal arterials
of regional significance, high capacity transportation, public transportation, and other
transportation projects and programs of regional or statewide significance including
transportation demand management. Projects may also include the operation, preservation, and
maintenance of these facilities or programs.
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My reading of this statute is that the revenue collected by a TBD cannot be used to directly fund
• the repair or construction of a residential street because a residential street is not a project of
regional significance. Other opinions define a "transportation improvement" more broadly.
According to Washington's Joint Transportation Committee, the revenue collected by a TBD
may be used to finance construction of, and operate, improvements to roadways, and other
transportation management programs.
According to the Association of Washington Cities (AWC), which was intimately involved in the
TBD legislation, the definition of transportation improvements is broad. In developing criteria
for a transportation improvement, it can include one or more of the following: reduced risk of
transportation facility failure and improved safety; improved travel time; improved air quality;
increases in daily and peak period trip capacity; improved modal connectivity; improved freight
mobility; cost-effectiveness of the investment; optimal performance of the system through time;
and other criteria, as adopted by the governing body.
According to Municipal Research and Services Center (MRSC), the definition is fairly broad and
can be read to encompass residential streets. MRCS opines though it does although the statutory
language emphasizes projects of regional significance, it does include the following language, "a
project contained in the transportation plan of... a ... city."
Once again, according to AWC, there are three threshold tests for transportation improvements
in a TBD:
1) the type of transportation improvement contained within the boundaries of the TBD;
2) whether the improvements are identified in any existing state, regional, county, city
transportation plan; and
3) The improvements are necessitated by existing or reasonably foreseeable congestion
levels.
The definition of "congestion" does not have a set standard in law; each TBD has the discretion
to tailor and make its own determination of congestion levels when implementing its TBD
ordinance. Although there is no statutory definition of congestion, not every street, road, etc.
qualifies as a transportation improvement.
When can a TBD use the revenue it collects?
The governing body which creates a TBD must develop a plan that specifies the transportation
improvements to be provided or funded by the TBD. As part of this plan, the TBD's governing
board can indicate if the funds will be used immediately, or if they will be collected for a
specified period, prior to spending the accumulated funds.
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Benefits of Establishing a Transportation Benefit District
• Proponents claim that establishing a TBD:
• Creates a funding mechanism where there is a clear nexus between a user group (drivers
and vehicles) and use of the roadway network.
• Revenues from a $20 vehicle license fee significantly reduce the annual General Fund
subsidy of street maintenance and operation expenditures.
• Funds from a City-wide TBD will be dedicated to maintain, preserve and/or construct
City transportation infrastructure. NOTE: Revenue generated from a $20fee is not
projected to be sufficient to fund any capital projects) listed on the City's 6 year capital
improvement program including any street overlay projects.
• Assists in maintaining current level of service for transportation infrastructure
maintenance and preservation.
• The establishment of an annual $20 vehicle license fee is a flat rate and will not increase,
unless approved by voters.
• The TBD must issue an annual report to include the status of project costs, revenues,
expenditures, and schedules, thus providing accountability.
• Vehicle license fee program is administered by the Washington State Department of
Licensing. The State Treasurer will remit proceeds to the TBD on a monthly basis.
Adverse Consequences of Establishing a Transportation Benefit District
Opponents claim that establishing a TBD:
• Creates one more layer of unneeded government.
• Circumvents voter participation.
• Creates a lack of visibility (Citizens may have a hard time determining which
government is responsible for providing certain services to a community).
• Revenue is used to fund increased administrative costs rather than transportation projects.
• Undermines the idea of regional coordination of road projects.
• Creates a regressive tax (A Kia owner pays the same as a BMW owner; a low -mileage
driver pay the same as a high -mileage driver).
• Creates an additional burden on citizens living on a fixed income.
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q 1.
1�1 LI
( •�'^(s. � ~ Lei -. � 1\` �_�,
a
Priority Level
1-
•2-
a-
5-
6-
7-
Street Overlay Program
October 2012
t! .+
FL
Transportation Benefit District - Pavement Preservation
Residential Streets
Proposed
Overlay
Segment
Annual Priority
Priority
Year
Street
Length
Total Cost
Total Cost
1
2013
GROVER ST - 5:h to 8th
1305
$45,200
1
2013
N GROVER AVE - 10th to FRANCE
2370
$82.088
1
2013
FRENCH AVE
803
$27.813
$155,101
2
2014
6TH PL NE
929
$32,' 77
2
2014
N JONATHON AVE
1328
$45,997
2
2014
2ND ST NE
1163
$40,282
2
2014
S JUNE AVE
987
$34.186
$" 52.642
3
2015
ROLES CT
717
$24.834
3
2015
ROI_FS PL
727
$25.181
3
2015
S HOUSTON AVE
2044
$70,796
3
2015
9TH ST NE - IOWA to JENNIFER
757
$26.220
$147,031
4
2016
S .OWA AVE
2595
$89,881
4
2016
4TH ST NE
1632
$58,258
S148,139
5
2017
GALE PL
975
S33.770
5
2017
GARDEN CT
439
$15,205
5
2017
GARDEN PLZ
1569
$54,344
5
2017
N IOWA AVE
1332
$46,135
$149,455
6
2018
COLBY CT
526
$18;219
6
2018
DARWOOD AVE
617
S21.371
6
2018
N COLORADO AVE
3094
$"07,164
$146.754
6 Year Average
$149.854
Non -Residential Streets
7 2019 19th Street NW - Cascade Ave to SR 28 1310 S53.700
7 2019 19th Street NE - SR 28 to Baker Ave 1273 S61,703
7 2019 1 1th Street NE - Valley Mall Pkwy to Baker 851 $33.191 $148,594
•
Interlocal Agreement
Between
the City of East Wenatchee, Washington and
the East Wenatchee Transportation Benefit District
1. Parties. The parties to this agreement are the City of East Wenatchee,
Washington ("City") and the East Wenatchee Transportation Benefit District
("District").
2. Recitals.
2.1. As authorized by Chapter 39.34 RCW (Interlocal Cooperation Act), local
governmental units may cooperate to make the most efficient use of their
powers and resources.
2.2. RCW 35A.11.020 and Chapter 35A.47 RCW authorize the City to operate,
maintain, construct, and reconstruct, public street infrastructure within its
city limits.
2.3. The City established the District by enacting City of East Wenatchee
Ordinance 2012- *. By Ordinance, the District is authorized to fund any
lawful purpose, to operate the District, and to make transportation
improvements consistent with existing state, regional, and local
transportation plans and necessitated by existing or reasonably foreseeable
congestion levels pursuant to Chapter 36.73 RCW.
2.4. By enacting East Wenatchee Transportation Benefit District Ordinance *,
the District authorized a $20 vehicle license fee.
2.5. By enacting East Wenatchee Transportation Benefit District Ordinance *,
the District authorized certain projects to be funded.
2.6. The City and the District desire to better coordinate their efforts in order to
pursue their individual, joint and mutual rights and obligations to fulfill the
intent of Ordinance 2012-*.
THE PARTIES ENTER INTO THIS AGREEMENT IN CONSIDERATION OF THE
MUTUAL BENEFITS TO BE DERIVED.
3. Purpose and Interpretation. The District has no employees and its officers
are either City Council Members serving in an ex officio capacity. To use public
monies efficiently, to avoid duplicating services, and to coordinate efforts, the
parties have entered into this agreement. If an ambiguity arises, the
interpretation of this agreement is governed by the following provisions, as they
presently exist or are lawfully amended: Chapter 36.73 RCW, the Charter of the
is District, the District's material change policy, the Governmental Accounting Act,
-1-
. and RCW 43.09.210. If a judge or arbitrator holds that a provision of this
agreement is unlawful, that provision is severed from this agreement, and the
remaining provision of this agreement remain in full force and effect.
4. Obligations of the District. The District agrees to:
4.1. Provide to the City all funding received from any and all lawful sources
which the District in its sole discretion may levy for the purpose of
completing the District's authorized projects.
4.2. Continue the annual provision of funding for the projects approved by the
District, so long as the District remains in existence. Such funding must be
in accordance with and limited by the provisions of Ordinance No. 2012-*,
by the charter of the District, and by Chapter 36.73 RCW. By way of
illustration and not limitation:
4.2.1. Before it levies any charge, tax or fee, the District must hold a public
hearing as required by its charter.
4.2.2. The District may levy a charge, tax or fee only in accordance with law
and ordinance.
4.2.3. The District must develop an annual work plan and designate projects
within its jurisdiction for funding.
4.2.4.As required by its material change policy, the District must consider
the impacts and appropriate remedies if transportation improvements
contained in its annual plan exceed its original cost by more than 20%.
Furthermore, the District must consider the input from public hearings
and other sources as it determines how such cost changes should be
resolved.
5. Obligations of City. The City agrees to:
5.1. Provide all staff and necessary related support to the District at no cost.
5.2. Pay for all costs associated with the preparation of an annual work plan,
reporting, advertising, design, contracting, construction management,
accounting, and any and all other actual charges associated with the proper
application of the District's funding in accordance with law and ordinance.
5.3. Pay for overhead charges such as utilities, information technology, office
supplies, and equipment necessary to achieve the parties' joint goals and
objectives.
5.4. Maintain for the period established by the State Archivist retention
schedule, financial records, kept in accordance with generally accepted
Interlocal Agreement
Page 2 of 4
iaccounting practice and governmental accounting requirements, as
necessary to document that any and all funding received through the
District is used only for the projects authorized in accordance with law and
ordinance.
5.5.Immediately alert the District of any material changes in scope, schedule or
cost increases of 20% or greater to improvements funded in part or in whole
with District funds.
5.6. Utilize funding provided for projects shown on the District's annual work
plan in accordance with the District's material change policy, law, and
ordinance.
6. Ownership. Streets and related transportation infrastructure preserved and
maintained with District funds are and remain the property of the City. No
joint property ownership is contemplated under the terms of this agreement.
7. No Joint Board. No provision is made for a joint board. The District performs
its functions in accordance with its charter.
8. Insurance; Indemnity.
8.1. The parties agree to participate in the Washington Cities Insurance
MAuthority (WCIA) insurance pool in accord with their respective interlocal
agreements with the WCIA. The charges or premiums for the District will
be borne by City. If either or both cease to participate in the WCIA pool, the
party or parties agree to obtain comparable coverage.
8.2. Each party agrees to indemnify and hold harmless the other party, its
officers, agents and employees from any claim, loss or liability arising from
or out the other party's negligent, tortious or illegal actions under this
agreement.
9. Termination. This Agreement terminates or expires as follows:
9.1. A party provides the other party 180 calendar days notice that it
terminating the Agreement. Within 150 days of receiving or sending a
notice of termination, the City must complete a final reconciliation of costs,
payment, and a current report of completed activities.
9.2. This Agreement expires on the date when the District is automatically
dissolved in accordance with provisions of 36.73 RCW and Ordinance No.
2012-*.
Interlocal Agreement
Page 3 of 4
10.Effective Date. RCW 39.34.040 permits a public agency to list interlocal
agreements on its website in lieu of having the agreement filed with the county
auditor's office. Accordingly, the parties direct the City of East Wenatchee City
Clerk to list this Agreement on the City's website as soon as practicable. Thus,
this Agreement is effective after it is signed by both parties and after it is listed
by subject on the City's website.
IN WITNESS WHEREOF, the parties have executed this agreement on the date
first written above.
EAST WENATCHEE
TRANSPORTATION
BENEFIT DISTRICT
President of the Board
• APPROVED AS TO FORM
Attorney for East Wenatchee
Transportation
Benefit District
APPROVED AS TO FORM
City Attorney
Interlocal Agreement
Page 4 of 4
CITY OF EAST WENATCHEE
Steven C. Lacy, Mayor
•
011
V '►i
COUNCIL AGENDA BILL #
PRESENTER:
POSITION:
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
12-10-06 - A
Nick Gerde
Finance Director
AGENDA ITEM #
AGENDA DATE:
DEPARTMENT:
November 13, 2012
Finance Department
TITLE: A ordinance of the City of East Wenatchee authorizing the regular property tax levy to
be collecte in the 2013 tax year and authorizing any increase which may be allowed in the
amount uncle %new construction, improvements to property and the State assessed property
provisions of e Law.
BACKGROUND/H
Legal Considerations:
• The City is allowed\inease
ts property tax levy by up to the Implicit Price Deflator
(IPD) or one perceis lower, from the highest lawful levy since 1985.
• The City is allowedts property tax levy by any amount of previously banked
capacity which mad by not increasing property tax by the allowable 1%.
• The Ordinance mud by a majority of the City Council (four affirmative
votes).
• The Ordinance must specifically state the increase in terms of both dollars and
percentage.
• Prior to adopting the Ordinance, the ity must hold a public hearing to discuss the
following year's current expense budg t.
• The public hearing must include discuss n
tax revenues.
• The City Clerk must file the certified budget
before November 30th.
on the possibility of an increase in property
estimate with Douglas County on or
Financial Considerations:
1. The Council has received the annual communication om the Douglas County Assessor
with schedules and calculations for the purpose of the *ty's deliberation in deciding
whether to collect the additional property tax on new con ruction and the allowable
additional 1 % increase limit. These materials will also be pr6vided at the Public Hearing
held on October 23, 2012.
2. The City is allowed to collect the additional property tax on new construction and
improvements to property. This amount is $6,228.30 for 2013.
3. The City is allowed to collect the additional property tax that may arise for the increase
in value of state -assessed property. The amount of the tax will not be determinable
until December 2012, but is estimated at $2,500 (last year's actual value was
$2,516.07.)
4. The City is allowed to collect the additional 1 % for 2013 since the Implicit Price Deflator
Page 1 of 2
•
P-j
exceeds the 1% limit (the IPD was 1.29596). This amount is $1 5,342.69 for 2013.
5. The City is allowed to collect all or a portion of the previously banked capacity. This
amount is $85,569.00 for 2013.
6. The City Council has historically not chosen to increase the property tax by the
allowable 1 %, but did so in 2011 as long as the increase was for specific use for street
improvements (Resolution No. 201 1-18) The City Council has also historically not
chosen to increase the property tax by any amount of the previously banked capacity.
Based upon these factors, the attached ordinance has been developed assuming that the
City Council desires to be consistent in annually authorizing the regular property tax
levy and the increase resulting from the additional property tax on new construction,
improvements to property and the estimated change in assessed value of State assessed
property. These amounts total approximately $1,542,997 for collection in the 2013 tax
year.
EXHIBITS: Draft Ordinance for Consideration.
RECOMMENDED ACTION: Second Reading of the proposed ordinance and action by the City
Council.
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$ 0 $ 0 $ 1,542,997
ACTION TAKEN:
Motion Made By:
Councilmember Collings
Councilmember Johnson
Councilmember McCourt
Councilmember Barnhart
Passed: Failed:
Second By:
Councilmember Raab
Councilmember Buckner
Councilmember Detering
Mayor Lacy (in case of tie)
Page 2 of 2
• CITY OF EAST WENATCHEE, WASHINGTON
ORDINANCE NO. 2012-
An ordinance of the City of East Wenatchee, Washington, authorizing the regular
property tax levy to be collected in the 2013 tax year and authorizing any increase
which may be allowed in the amount under new construction, improvements to
property and the State assessed property provisions of State Law.
1. Recitals.
a. Preamble. The City of East Wenatchee ("City) is a non -charter code City duly
incorporated and operating under the laws of the State of Washington; and
b. The City Council of East Wenatchee ("City Council") finds that it is in the best
interests of the City of East Wenatchee ("City") and its citizens to increase the
amount of the City's regular property tax levy for 2013.
C. Findings.
i. The population of the City is more than 10,000;
ii. The Implicit Price Deflator for 2012 exceeds 1 % (July 2011 to July 2012
change is 1.295%).
• iii. The City Council has considered the City's anticipated financial
requirements for 2013 and beyond, and the amounts necessary and available
to be raised by ad valorem taxes on real, personal and utility property,
including amounts resulting from new construction, improvements to
property, and any increase in the assessed value of state -assessed property;
iv. After proper notice, the City Council held a public hearing on October 23,
2012. At this public hearing, the City Council considered revenue sources
for the City's current expense budget for 2013.
V. After the hearing and after duly considering all relevant evidence and
testimony presented, the City Council determined that the City does not have
a need to increase property tax revenue from the previous year by the
allowable 1 %, does not need to increase property tax revenue by collecting
previously banked capacity, but does have a need for the increase in property
tax revenue resulting from the addition of new construction, improvements
to property, and any increase in the value of state -assessed property, in order
to discharge the expected expenses and obligations of the City.
vi. The City Council finds that the City has future substantial need to increase
property tax revenue.
C_J
ORDINANCE NO. 2012-
Page 1 of 4
• 2. Authority
a. RCW 32A.11.020 and RCW 35A.2.190 authorize the City Council to adopt
ordinances of all kinds to regulate its municipal affairs and appropriate to the
good government of the City.
b. RCW 84.55.12 authorizes the City Council to adopt a tax increase by ordinance.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
Section 1: Purpose. The City wishes to establish its regular property tax levy for the year
2013.
Section 2: Authorization. The City Council authorizes an increase in the general property tax
levy, for the 2012 property tax levy on all real, personal and utility property
authorized for collection in 2013, in the amount of zero dollars which is a percentage
increase allowed under the provisions of state law, additional revenue resulting from
the addition of new construction and improvements to property, plus any increase in
the value of state -assessed property, and plus any additional amount resulting from
annexations that have occurred and refunds made.
Section 3: Estimate. As required by RCW 84.52.020, for budget purposes, the City Council
estimates that the amount of property tax to be collected in the year 2013 will be
approximately $1,542,997. The City Council estimates that the contingency
property tax to be collected will be $50,000.
• Section 4: Certification. As required by RCW 84.52.020, the City Council certifies to
Douglas County's legislative authority that the City is requesting that the regular
levy, in the amount of $1,542,997 be collected in 2013.
•
Section 5: Payment. The property taxes levied by this Ordinance shall be collected and paid
to the City Treasurer at the time and in the manner provided by the laws of the
State of Washington.
Section 6: Severability. If a court of competent jurisdiction declares any provision in this
Ordinance to be contrary to law, such declaration shall not affect the validity of
the other provisions of this Ordinance.
Section 7: Publication. The City Council directs the City Clerk to publish a summary of this
Ordinance. The summary shall consist of the title of this Ordinance
Section 8: Effective Date. This Ordinance becomes effective five days after the date its
summary is published.
Section 9: Filing. The City Council directs the City Clerk to file this Ordinance with the
legislative authority of Douglas County.
ORDINANCE NO. 2012-
Page 2 of 4
• Section 10: Short Title. This Ordinance shall be known as the 2012 Levy and may be cited as
such.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this
day of 92012.
By
Steven C. Lacy, Mayor
ATTEST:
Dana Barnard, City Clerk
• Approved as to form only:
•
Devin Poulson, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
ORDINANCE NO. 2012-
Page 3 of 4
10/17/12
•
•
•
Summary of Ordinance No. 2012-
Or the City of East Wenatchee, Washington
On the day of , 2012, the City Council of the City of East
Wenatchee, Washington approved Ordinance No. 2012 — , the main point of which may
be summarized by its title as follows:
An Ordinance of the City of East Wenatchee authorizing the regular property tax
levy to be collected in the 2013 tax year and authorizing any increase which may
be allowed in the amount under new construction, improvements to property and
the State assessed property provisions of State Law.
Upon request, the City will mail a full text of this Ordinance.
Dated this day of , 2012.
CITY CLERK, DANA BARNARD
ORDINANCE NO. 2012-
Page 4 of 4
COUNCIL AGENDA BILL #
PRESENTER:
POSITION:
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
12-10-06 - B
Nick Gerde
Finance Director
AGENDA ITEM #
AGENDA DATE:
DEPARTMENT:
November 13, 2012
Finance Department
TITLE: An ordi ance of the City of East Wenatchee authorizing the regular property tax levy, an
e increase of onrcent in the regular property tax levy, an increase of $85 567.25 in the
regular property tax levy resulting from previously banked capacityto be collected in the 2013
tax year, and author in any increase which may be allowed in the amount under new
construction, improve ents to property and the State assessed property provisions of State
Law.
BACKGROUND/HISTORY:
Legal Considerations:
• The City is allowed to in rease its property tax levy by any amount of previously banked
capacity which may have esulted by not increasing property tax by the allowable 1 %.
• The Ordinance must be ap roved by a majority of the City Council (four affirmative
votes).
• The Ordinance must specifica y state the increase in terms of both dollars and
percentage.
• Prior to adopting the Ordinance, he City must hold a public hearing to discuss the
following year's current expense b dget.
• The public hearing must include dis ssion on the possibility of an increase in property
tax revenues.
• The City Clerk must file the certified bu get or estimate with Douglas County on or
before November 30th. \
Financial Considerations: \
1. The Council has received the annual commune ation from the Douglas County Assessor
with schedules and calculations for the purpose f the City's deliberation in deciding
whether to collect the additional property tax on w construction, the allowable
additional 1 % increase limit, and banked capacity. ese materials were also provided at
the Public Hearing held on October 23, 2012
2. The Assessor's communication also referred to the pos ible availability of banked
capacity.
3. The City is also allowed to collect previously banked pro p�ty tax capacity, taxes which
have accumulated from years in which the City was allowed but did not elect to increase
property taxes by the allowable 1 % limit.
4. The balance of banked capacity thru the year 2012 is $8S,567�2S. The City may choose
to collect all or a portion of the banked capacity in 2013. When added to the previous
Page 1 of 2
E
0
9
year's actual levy of $1 ,534,269.12, the amount for new construction estimated to be
$6,228.30, the current allowable 1 % increase of $16,198.36, and an estimate of the
increased value of State assessed property of $2,500. the total property tax levy amount
would be $1 ,644,763.03.
5. The City passed Resolution No. 201 1-18 on November 8, 201 1 approving the reserving
of proceeds from annual increases of property tax levies resulting from the 1 % allowable
increase and any banked capacity for specific use for street improvements. If approved,
the total of the annual increase and the banked capacity of $101 ,765.61 will be
segregated for that specific use.
EXHIBITS: Draft Ordinance for Consideration.
RECOMMENDED ACTION: Second Reading of the proposed ordinance and action by the City
Council.
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$ 0 $ 0 $1 ,644,763.03
ACTION TAKEN:
Motion Made By:
Councilmember Collings
Councilmember Johnson
Councilmember McCourt
Councilmember Barnhart
Passed: Failed:
Second By:
Councilmember Raab
Councilmember Buckner
Councilmember Detering
Mayor Lacy (in case of tie)
Page 2 of 2
• CITY OF EAST WENATCHEE, WASHINGTON
ORDINANCE NO. 2012-
An ordinance of the City of East Wenatchee authorizing the regular property tax
levy to be collected in the 2013 tax year, an increase of one percent in the regular
property tax levy, an increase of $85,567.25 in the regular property tax levy
resulting from previously banked capacity, and authorizing any increase which
may be allowed in the amount under new construction, improvements to property
and the State assessed property provisions of State Law.
1. Recitals.
a. Preamble. The City of East Wenatchee ("City) is a non -charter code City duly
incorporated and operating under the laws of the State of Washington; and
b. The City Council of East Wenatchee ("City Council") finds that it is in the best
interests of the City of East Wenatchee ("City") and its citizens to increase the
amount of the City's regular property tax levy for 2013.
C. Findings.
i. The population of the City is more than 10,000;
• ii. The City Council has considered the City's anticipated financial
requirements for 2013 and beyond, and the amounts necessary and available
to be raised by ad valorem taxes on real, personal and utility property,
including amounts resulting from new construction, improvements to
property, the allowable 1 % increase limit, the availability of the banked
capacity and any increase in the assessed value of state -assessed property;
M. If the annual Implicit Price Deflator exceeds 1%, a city may increase its
property tax levy in the amount not to exceed 1 % in a given year.
Historically, the City council has not authorized an annual 1 % increase. As a
result, the City has built up a "banked capacity" of$85,567.25.
iv. The City's Finance Director recommends that the City needs to increase
property tax revenue from the previous year by the amount of the banked
capacity.
V. After proper notice, the City Council held a public hearing on October 23,
2012. At this public hearing, the City Council considered revenue sources
for the City's current expense budget for 2013.
vi. After the hearing and after duly considering all relevant evidence and
testimony presented, the City Council determined that the City requires an
increase in property tax revenue from the previous year, the allowable 1 %
annual increase, and the banked capacity, in addition to the increase in
property tax revenue resulting from the addition of new construction,
improvements to property, and any increase in the value of state -assessed
property, in order to discharge the expected expenses and obligations of the
• City.
ORDINANCE NO. 2012-
Page 1 of 4
• vii. The City council finds that the City has future substantial need to increase
property tax revenue.
2. Authority
a. RCW 32A.11.020 and RCW 35A.2.190 authorize the City Council to adopt
ordinances of all kinds to regulate its municipal affairs and appropriate to the
good government of the City.
b. RCW 84.55.120 authorizes the City Council to adopt a tax increase by ordinance.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
Section 1: Purpose. The City wishes to establish its regular property tax levy for the year
2013.
Section 2: Authorization. The City Council authorizes an increase in the general property tax
levy, for the 2012 property tax levy on all real, personal and utility property
authorized for collection in 2013, in the amount of $85,567.25 which is the
previously banked capacity allowed under the provisions of state law, the current
allowable 1 % increase in the amount of $16,198.36, additional revenue resulting
from the addition of new construction and improvements to property, plus any
increase in the value of state -assessed property, and plus any additional amount
resulting from annexations that have occurred and refunds made.
• Section 3: Estimate. As required by RCW 84.52.020, for budget purposes, the City Council
estimates that the amount of property tax to be collected in the year 2013 will be
$1,644,763.03. The City Council estimates that the contingency property tax to
be collected will be $50,000.
Section 4: Certification. As required by RCW 84.52.020, the City Council certifies to
Douglas County's legislative authority that the City is requesting that the regular
levy, in the amount of $1,644,763.03, be collected in 2013.
Section 5: Payment. The property taxes levied by this Ordinance shall be collected and paid
to the City Treasurer at the time and in the manner provided by the laws of the
State of Washington.
Section 6: Severability. If a court of competent jurisdiction declares any provision in this
Ordinance to be contrary to law, such declaration shall not affect the validity of
the other provisions of this Ordinance.
Section 7: Publication. The City Council directs the City Clerk to publish a summary of this
Ordinance. The summary shall consist of the title of this Ordinance
Section 8: Effective Date. This Ordinance becomes effective five days after the date its
summary is published.
•
ORDINANCE NO. 2012-
Page 2 of 4
•
•
is
Section 9: Filing. The City Council directs the City Clerk to file this Ordinance with the
legislative authority of Douglas County.
Section 10: Short Title. This Ordinance shall be known as the 2012 Levy and may be cited as
such.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this
day of 12012.
By
Steven C. Lacy, Mayor
ATTEST:
Dana Barnard, City Clerk
Approved as to form only:
Devin Poulson, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
ORDINANCE NO. 2012-
Page 3 of 4
10/17/12
0 Summary of Ordinance No. 2012-
•
•
Or the City of East Wenatchee, Washington
On the day of , 2012, the City Council of the City of East
Wenatchee, Washington approved Ordinance No. 2012 — , the main point of which may be
summarized by its title as follows:
An Ordinance of the City of East Wenatchee authorizing the regular property tax
levy to be collected in 2013, an increase of $85,567.25 from previously banked
capacity, an increase of the allowable annual 1 % totaling $16,198.36, and any
increase which may be allowed in the amount under new construction,
improvements to property and the State assessed property provisions of State
Law.
Upon request, the City will mail a full text of this Ordinance.
Dated this day of , 2012.
CITY CLERK, DANA BARNARD
ORDINANCE NO. 2012-
Page 4 of 4
•
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
COUNCIL AGENDA BILL # 12-10-06 - C AGENDA ITEM # 5
PRESENTER: Nick Gerde AGENDA DATE: November 13, 2012
POSITION: Finance Director DEPARTMENT: Finance Department
TITLE: An ordinance of the City of East Wenatchee authorizing the regular property tax levy, an
increase of one percent in the regular property tax levy to be collected in the 2013 tax year and
authorizing any increase which may be allowed in the amount under new construction,
improvements to property and the State assessed property provisions of State Law.
BACKGROUND/ HISTORY:
Legal Considerations:
• The City is allowed to increase its property tax levy by up to the Implicit Price Deflator
(IPD) or one percent, whichever is lower, from the highest lawful levy since 1985.
• The Ordinance must be approved by a majority of the City Council (four affirmative
votes).
• The Ordinance must specifically state the increase in terms of both dollars and
percentage.
• Prior to adopting the Ordinance, the City must hold a public hearing to discuss the
following year's current expense budget.
• The public hearing must include discussion on the possibility of an increase in property
tax revenues
• The City Clerk must file the certified budget or estimate with Douglas County on or
before November 30th.
Financial Considerations:
1. The Council has received the annual communication from the Douglas County Assessor
with schedules and calculations for the purpose of the City's deliberation in deciding
whether to collect the additional property tax on new construction and the allowable
additional 1 % increase limit. These materials will also be provided at the Public Hearing
held on October 23, 2012.
2. The City is allowed to collect the additional 1 % for 2013 since the Implicit Price Deflator
exceeds the 1 % limit (the IPD was 1 .295%).
3. The 2013 allowable 1 % increase amount is $1 5,342.69. The amount for new
construction is estimated by the Assessor to be approximately $6,228.30. The city is
also allowed to collect the additional property that may arise for the increase in value of
state -assessed property, estimated to be $2,500.00. When added to the previous year's
actual levy of $ 1,534,269.20 the total property tax levy amount for collection in 2013
would be $1 ,558,340.19.
4. The City passed Resolution No. 201 1-18 on November 8, 201 1 approving the reserving
Page 1 of 2
•
of proceeds from annual increases of property tax levies resulting from the 1 % allowable
annual increase and any banked capacity for specific use for street improvements. If
approved, the $1 5,342.69 will be segregated for that specific use.
EXHIBITS: Draft Ordinance for Consideration.
RECOMMENDED ACTION: Second Reading of the proposed ordinance and action by the City
Council.
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$ 0 $ 0 $ 1,558,340.19
ACTION TAKEN: _
Motion Made By: Piv C�-nIgY- Second By:'jolins
Councilmember Collings e Councilmember Raab
Council member Johnson Councilmember Buckner
Councilmember McCourt Councilmember Detering
Councilmber Barnhart (j
Passed: 71 2 Failed: Mayor Lacy (in case of tie)
Page 2 of 2
• CITY OF EAST WENATCHEE, WASHINGTON
ORDINANCE NO. 2012-
An ordinance of the City of East Wenatchee, Washington, authorizing the regular
property tax levy, an increase of one percent in the regular property tax levy to be
collected in the 2013 tax year and authorizing any increase which may be allowed
in the amount under new construction, improvements to property and the State
assessed property provisions of State Law.
1. Recitals.
a. Preamble. The City of East Wenatchee ("City) is a non -charter code City duly
incorporated and operating under the laws of the State of Washington; and
b. The City Council of East Wenatchee ("City Council") finds that it is in the best
interests of the City of East Wenatchee ("City") and its citizens to increase the
amount of the City's regular property tax levy for 2013.
C. Findings.
i. The population of the City is more than 10,000;
ii. The Implicit Price Deflator for 2012 exceeds 1 % (July 2011 to July 2012
• change is 1.295%);
iii. The City Council has considered the City's anticipated financial
requirements for 2013 and beyond, and the amounts necessary and available
to be raised by ad valorem taxes on real, personal and utility property,
including amounts resulting from new construction, improvements to
property, the allowable 1 % increase limit, and any increase in the assessed
value of state -assessed property;
iv. The City's Finance Director recommends that the City needs to increase
property tax revenue from the previous year by the allowable 1 % limit;
V. After proper notice, the City Council held a public hearing on October 23,
2012. At this public hearing, the City Council considered revenue sources
for the City's current expense budget for 2013.
vi. After the hearing and after duly considering all relevant evidence and
testimony presented, the City Council determined that the City requires an
increase in property tax revenue from the previous year, in addition to the
increase in property tax revenue resulting from the addition of new
construction, improvements to property, and any increase in the value of
state -assessed property, in order to discharge the expected expenses and
obligations of the City.
vii. The City Council finds that the City has future substantial need to increase
property tax revenue.
2. Authority
1*
ORDINANCE NO. 2012-
Page 1 of 4
•
n
U
•
a. RCW 32A.11.020 and RCW 35A.2.190 authorize the City Council to adopt
ordinances of all kinds to regulate its municipal affairs and appropriate to the
good government of the City.
b. RCW 84.55.120 authorizes the City Council to adopt a tax increase by ordinance.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
Section 1: Purpose. The City wishes to establish its regular property tax levy for the year
2013.
Section 2: Authorization. The City Council authorizes an increase in the general property tax
levy, for the 2012 property tax levy on all real, personal and utility property
authorized for collection in 2013, in the amount of $15,342.69 which is a 1 %
increase allowed under the provisions of state law, additional revenue resulting from
the addition of new construction and improvements to property, plus any increase in
the value of state -assessed property, and plus any additional amount resulting from
annexations that have occurred and refunds made.
Section 3: Estimate. As required by RCW 84.52.020, for budget purposes, the City Council
estimates that the amount of property tax to be collected in the year 2013 will be
$1,558,340.19. The City Council estimates that the contingency property tax to
be collected will be $50,000.
Section 4: Certification. As required by RCW 84.52.020, the City Council certifies to
Douglas County's legislative authority that the City is requesting that the regular
levy, in the amount of $1,558,340.19, be collected in 2013.
Section 5: Payment. The property taxes levied by this Ordinance shall be collected and paid
to the City Treasurer at the time and in the manner provided by the laws of the
State of Washington.
Section 6: Severability. If a court of competent jurisdiction declares any provision in this
Ordinance to be contrary to law, such declaration shall not affect the validity of
the other provisions of this Ordinance.
Section 7: Publication. The City Council directs the City Clerk to publish a summary of this
Ordinance. The summary shall consist of the title of this Ordinance
Section 8: Effective Date. This Ordinance becomes effective five days after the date its
summary is published.
Section 9: Filing. The City Council directs the City Clerk to file this Ordinance with the
legislative authority of Douglas County.
ORDINANCE NO. 2012-
Page 2 of 4
• Section 10: Short Title. This Ordinance shall be known as the 2012 Levy and may be cited as
such.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this
day of 12012.
By
Steven C. Lacy, Mayor
ATTEST:
Dana Barnard, City Clerk
• Approved as to form only:
•
Devin Poulson, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
ORDINANCE NO. 2012-
Page 3 of 4
10/17/12
•
Summary of Ordinance No. 2012-
Or the City of East Wenatchee, Washington
On the day of , 2012, the City Council of the City of East
Wenatchee, Washington approved Ordinance No. 2012 — , the main point of which may be
summarized by its title as follows:
An Ordinance of the City of East Wenatchee authorizing the regular tax levy to be
collected in the 2013 tax year, an increase of one percent representing the allowable annual
increase, and authorizing any increase which may be allowed in the amount under new
construction, improvements to property and the State assessed property provisions of State Law.
Upon request, the City will mail a full text of this Ordinance.
. Dated this day of , 2012.
G
CITY CLERK, DANA BARNARD
ORDINANCE NO. 2012-
Page 4 of 4
•
•
COUNCIL AGENDA BILL #
PRESENTER:
POSITION:
12-09-06
Devin Poulson
City Attorney
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
AGENDA ITEM* 6
AGENDA DATE: November 13, 2013
DEPARTMENT: Legal Department
TITLE: Employment Agreement with City Attorney
BACKGROUND/ Currently, the City Attorney has a four year contract with the City that expires
HISTORY: December 31 , 2012. The proposed contract is once again for four years.
There are four substantial changes from the previous contract. The
corresponding areas in the Agreement have been highlighted. First, in 2013,
the annual salary will increase $2,879.84. Second, the previous contract called
for an automatic COLA increase of 2.5% each year. The proposed contract ties
any COLA increase to the Consumer Price Index for Urban Wage Earners and
Clerical Workers (CPI-W) in Pacific Cities and U.S. City Average, September to
September statistics for the preceding twelve months. The minimum increase
is 1 % and the maximum increase is 3%. This a change requested by the
Budget Committee. Third, presently, like it does for all other employees, the
City pays 100% of the premium costs for the Attorney and his spouse.
Beginning 2015, Attorney agrees to share the cost of medical insurance. After
January 2015, the City will only pay 90% of the premium costs for the Attorney
and his spouse. Based on current rates, this will save the City approximately
$1 ,500 per year (or about $3,000 over the life of the contract). Fourth, the
proposed contract has more specific language that makes it clear that the
Mayor can fire the Attorney for cause.
Also, some objections have been raised that the City Attorney receives
personal leave instead of vacation leave and sick leave like other employees.
Normally, upon termination, the City cashes out an employee for 100% of
vacation leave and 25% of sick leave. As with the previous contract, the
proposed contract sets forth that, upon termination, the City would cash out
all of Attorney's personal leave at a rate of only 25%.
EXHIBITS: Proposed Employment Agreement
2009 Employment Agreement
RECOMMENDED
ACTION:
Page 1 of 2
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$ N/A $ N/A $ N/A
ACTION TAKEN: I
Motion Made By:
Councilmember Collings
Councilmember Johnson
Councilmember McCourt
Councilmember Barnhart _
Passed: 7t Failed:
•
0
Second By: (�ar(� ha,(J—
Councilmember Raab
Councilmember Buckner
Councilmember Detering
Mayor Lacy (in case of tie)
Page 2 of 2
• Employment Agreement for Legal Services
1. Parties. The Parties to this Employment Agreement ("Agreement") are the City of East
Wenatchee ("City") and Devin Poulson ("Attorney").
a. The City:
i. The City is a municipal corporation organized under the laws of the State
of Washington.
b. Attorney
i. Attorney is licensed to practice law in the State of Washington.
2. Effective Date of Agreement. This Agreement is effective January 1, 2013.
3. Recitals.
a. The City desires to employ the services of Attorney as City Attorney for the City
of East Wenatchee;
b. The City desires to provide certain benefits, establish certain conditions of
employment and to set working conditions of the position of City Attorney;
c. The City desires to secure and retain the services of the City Attorney to remain in
such employment, to make possible full work productivity by assuring Attorney's
morale and peace of mind with respect to future security and to provide a just
means for terminating Attorney's services at such time as Attorney may be unable
• fully to discharge his duties or when the City may desire to otherwise terminate
employment; and
d. Attorney desires to accept employment as City Attorney for the City of East
Wenatchee.
e. This Agreement supersedes and replaces all prior contracts for employment
between the City and Attorney.
4. Agreement to Employ. The City agrees to employ Attorney as City Attorney to perform
the functions and duties outlined below and to perform such other legally permissible and proper
duties and functions as the Mayor may assign from time to time.
5. Term. This Agreement is effective for a term of four years.
6. Compensation.
a. 2013 Salary. Attorney's annual base salary in 2013 is $99,800.
b. On January 1 st of each subsequent year, the City must increase Attorney's annual
base salary by 100% of the Consumer Price Index for Urban Wage Earners and
Clerical Workers (CPI-W) in Pacific Cities and U.S. City Average, September to
September statistics for the preceding twelve months. The increase, however, may
not be less than 1% and may not be more than 3%.
c. Travel Expenses. The City must reimburse Attorney for reasonable and
customary expenses actually incurred in connection with the business of the City,
including food, lodging, and travel expenses while away, provided that prior
arrangements are made with the Treasurer.
Page 1 of 5
\\ewsbsI ITublic\City Attomey\Contracts\City Attomey\2013 City Attomey-90%.docx
• d.
Professional Development. The City agrees to budget and pay reasonable
expenses for professional dues, subscriptions, training and travel required for
Attorney to meet the requirements imposed by the Washington State Bar
Association to maintain his license to practice law in good standing.
e.
Medical Insurance. Full family medical coverage for Attorney's family is
available through the City's insurance carrier. Until December 31, 2014, the City
must pay the full premium for Attorney and for Attorney's spouse or first
dependent, and the City must pay 50% of the premium for additional dependents.
Beginning January 1, 2015, the City must pay 90% of the full premium for
Attorney and for Attorney's spouse or first dependent, and the City must pay 50%
of the premium for each of additional dependents.
f.
Dental Insurance. Full family dental coverage for Attorney's family is available
through the City's insurance carrier. The City must pay the full premium for
Attorney and for all his dependents.
g.
Orthodontia Insurance. Full family orthodontia coverage for Attorney's family
is available through the City's insurance carrier. The City must pay the full
premium for Attorney and for all his dependents.
h.
Vision Insurance. Full family vision coverage for Attorney's family is available
through the City's insurance carrier. The City must pay the full premium for
Attorney and for all his dependents.
i.
Long Term Disability Insurance. Long term disability insurance is available to
Attorney through the City's insurance carrier. The City must pay the full
premium for Attorney.
j.
Personal Leave. Beginning January 1, 2013, Attorney accrues 18 hours of
personal leave per month. Beginning June 1, 2016, Attorney accrues 20.67 hours
of personal leave per month.
k.
Leave Without Pay. The Mayor may grant leaves of absence without pay for
absences from work not covered by any other type of leave.
1.
Jury and Witness Leave. The City will grant Attorney time off with pay to serve
on a jury or as a witness in a judicial or quasi-judicial proceeding. This benefit
will be in addition to any other leave offered by the City.
in.
Arbitration Leave. If Attorney is selected to serve as an arbitrator pursuant the
provisions set forth in RCW 7.06, the City will grant Attorney time off with pay
to serve as an arbitrator. This benefit will be in addition to any other leave
offered by the City.
n.
Administrative Leave. The City may place Attorney on administrative leave with
or without pay for an indefinite period of time, as approved by the Mayor to be in
the best interest of the City, during the pendency of an investigation or other
administrative proceeding.
o.
Holidays. The City recognizes the following holidays: New Years Day, Martin
Luther King's Birthday, President's Day, Memorial Day, Independence Day,
Labor Day, Veteran's Day, Thanksgiving Day, Day After Thanksgiving,
Christmas Day, and a Floating Holiday.
p.
Longevity. The City will add longevity pay to Attorney's base monthly salary as
follows:
0
Page 2 of 5
\\ewsbsI ITublic\City Attomey\Contracts\City Attomey\2013 City Attorney-90%.docx
• i. Effective January 1, 2013, longevity pay is one percent of Attorney's base
monthly salary.
ii. Effective June 1, 2016, longevity pay is two percent of Attorney's base
monthly salary.
7. Duties. Attorney will perform all duties of the City Attorney as set forth below and other
duties as may be assigned from time to time by the Mayor.
a. General Purpose. This is a professional position that plans, directs, and
coordinates comprehensive legal services for the City; provides counsel to the
Mayor, Council, staff, committees and commissions; provides legal advice to
guide City policies, decisions and activities; represents the City and supervises
and directs representation of the City at various court levels and tribunals in
criminal and civil litigation and in administrative hearings; drafts and interprets
City ordinances and resolutions; negotiates real property acquisitions; provides
advice, counsel and representation to protect the City's interests; participates in
the City's short and long range planning to assure proper consideration of legal
issues.
b. Supervision. Attorney works under the direction of the Mayor.
c. Essential duties and functions.
i. Plans and coordinates comprehensive legal services for the City; attends
meetings and provides ongoing legal advice to the Mayor, Council, and
staff, represents and supervises and directs representation of the city at
civil and criminal misdemeanor matters and in administrative hearings.
• ii. Reviews documents prepared by staff to assure proper legal principles and
procedures are followed and to assure that legal advice to city clients is
accurate, responsive, and sensitive to political and policy considerations.
iii. Prosecutes violations of the City's municipal code.
iv. Prosecutes and/or defends, in courts of original jurisdiction, and on appeal,
civil actions brought by or against the city, or against officials, officers,
and/or employees in their official capacity, including, but not limited to,
condemnations, local improvement districts, zoning regulations and
jurisdictional disputes, and issues not sounding in tort and referred under
the City's liability insurance program.
v. Provides legal advice to guide city policies, decisions and activities; drafts
and interprets city ordinances and resolutions, deeds, contracts, and other
legal documents; provides advice, counsel and representation to protect
the city's interests.
vi. Attends city council meetings, and special meetings when needed, and
provides legal advice as requested; reviews legal propriety of documents
under consideration by the council or city administrative officials.
vii. Participates in proceedings for the vacation of streets, condemnation of
lands for municipal purposes, for land acquisitions, and for related legal
transactions.
viii. Participates in the drafting and review of letters, ordinances, contracts,
resolutions, policies, real estate documents, and other legal documents
enacted by the city to assure proper wording, limit the city's liability,
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• assure they carry out the city's intent, assure they comply with applicable
laws, and protects the city's interests; drafts opinion letters as required or
requested.
ix. Evaluates and makes recommendations to the Mayor on awards of legal
contracts to outside counsel; assigns, directs and coordinates outside
counsel work to assure compliance with specifications, time lines, and
legal requirements.
x. Tracks legal and policy issues of importance to the city; reads legal
journals and utilizes networks to establish contacts and sources of
information relevant to the city.
xi. Reviews proposed and enacted state and federal legislation for impact
upon the city; recommends appropriate responses where necessary to
protect the city's legal interests; analyzes legal trends and developments
impacting the city and recommends appropriate city responses of action.
xii. Directs and coordinates outside counsel retained by the city in specialized
litigation and other matters.
•
8. Termination.
a. By City. If the Mayor elects to terminate Attorney without cause, the City must
give Attorney written notice at least 180 days prior to the date of termination.
Alternatively, if the City wishes to terminate Attorney immediately, the City must
pay Attorney 180 days severance pay. If the Mayor elects to terminate Attorney
for cause, as defined by Washington common law, no notice or payment is
required.
b. By Attorney. If Attorney terminates his employment with the City, he must
provide the City not less than 30 days prior notice of the effective date of such
termination in order to afford the City a reasonable opportunity to find a
replacement for Attorney. If the City finds a replacement who is able to
commence employment prior to the expiration of the 30-day, the City may
terminate Attorney prior to effective date provided in the 30-day notice.
c. Compensation upon Termination. Upon termination for any reason, the City must
pay Attorney a lump sum payment of any accrued, but unused, personal leave at a
rate of 25%.
9. Performance Evaluation. The Mayor must evaluate Attorney's performance on or
before August 15, 2013 and then at least once every 12 months thereafter.
10. Professional Liability. The City agrees to defend, hold harmless and indemnify
Employee from all demands, claims, suits, acts, errors or other omissions in legal proceedings
brought against Attorney in his individual capacity or in his official capacity, provided the
incident arose while Attorney was acting within the scope of his employment.
11. Modification. The parties agree that this agreement cannot be amended or modified
without the written concurrence of both parties.
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• 12. Severability. If any provision or portion of this agreement is held to be unconstitutional,
invalid, or unenforceable, the City has the -right, at its option, to declare the agreement void and
enter into negotiations with the Employee for execution of a new personal services agreement.
•
13. Notice. Any notices required to be given by the City to Attorney or by Attorney to the
City must be delivered to the following parties at the following addresses:
City of East Wenatchee
Mayor's Office
271 Ninth Street NE
East Wenatchee, WA 98802
Devin Poulson
1622 Orchard Ave.
Wenatchee, WA 98801
Any notices may be either delivered personally to the addressee of the notice or may be
deposited in the United States mails, postage prepaid, to the address set forth above. Any notice
so posted in the United States mail will be deemed received three days after the date of mailing.
CITY OF EAST WENATCHEE
By Steven C. Lacy, Mayor Date
Devin Poulson Date
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• Employment Contract
1. Parties. The Parties to this Employment Contract ("Agreement") are the City of East
Wenatchee ("City") and Devin Poulson ("Attorney").
a. The City:
i. The City is a municipal corporation organized under the laws of the State
of Washington.
b. Attorney
i. Attorney is licensed to practice law in the State of Washington.
2. Effective Date of Agreement. This Agreement is effective January 1, 2009.
3. Recitals.
a. The City desires to employ the services of Attorney as City Attorney for the City
of East Wenatchee;
b. The City desires to provide certain benefits, establish certain conditions of
employment and to set working conditions of the position of City Attorney;
c. The City desires to secure and retain the services of the City Attorney to remain in
such employment, to make possible full work productivity by assuring Attorney's
morale and peace of mind with respect to future security and to provide a just
means for terminating Attorney's services at such time as Attorney may be unable
• fully to discharge his duties or when the City may desire to otherwise terminate
employment; and
d. Attorney desires to accept employment as City Attorney for the City of East
Wenatchee.
e. This Agreement supersedes and replaces all prior contracts for employment
between the City and Attorney.
4. Agreement to Employ. The City agrees to employ Attorney as City Attorney to perform
the functions and duties outlined below and to perform such other legally permissible and proper
duties and functions as the Mayor may assign from time to time.
Term. This Agreement is effective for a term of four years.
6. Compensation.
a. 2009 Salary. The City agrees that Attorney's compensation in 2009 shall be
$90,000 annually.
b. 2010 Salary. The City agrees that Attorney's compensation in 2010 shall be
$92,250 annually (2.5% increase).
c. 2011 Salary. The City agrees that Attorney's compensation in 2011 shall be
$94,556.25 annually (2.5% increase).
d. 2012 Salary. The City agrees that Attorney's compensation in 2012 shall be
$96,920.16 annually (2.5% increase).
e. Travel Expenses. Attorney shall receive reimbursement for reasonable and
customary expenses actually incurred in connection with the business of the City,
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.
including food, lodging, and travel expenses while away, provided that prior
arrangements are made with the Treasurer.
f.
Professional Development. The City agrees to budget and pay reasonable
expenses for professional dues, subscriptions, training and travel required for
Attorney to meet the requirements imposed by the Washington State Bar
Association to maintain his license to practice law in good standing.
g.
Medical Insurance. Full family medical coverage for Attorney's family is
available through Asuris Northwest Health, Plan A. The City shall pay the full
premium for Attorney and for Attorney's spouse or first dependant. The City
shall pay 50% of the premium for additional dependants.
h.
Dental Insurance. Full family dental coverage for Attorney's family is available
through Washington Dental Services, Plan F. The City shall pay the full premium
for Attorney and for all his dependents.
i.
Orthodontia Insurance. Full family orthodontia coverage for Attorney's family
is available through Washington Dental Services, Plan V. The City shall pay the
full premium for Attorney and for all his dependents.
j.
Vision Insurance. Full family vision coverage for Attorney's family is available
through Vision Service Plan, Option 1, Full Family- no deductible. The City shall
pay the full premium for Attorney and for all his dependents.
k.
Long Term Disability Insurance. Long term disability insurance is available to
Attorney through Standard Insurance Long Term Disability, Option 2. The City
shall pay the full premium for Attorney.
1.
Personal Leave. Attorney shall accrue vacation leave as follows:
i. 0-5 years of employment: 14.67 hours/month
ii. 6-10 years of employment: 18.00 hours/month
iii. 11-15 year of employment: 19.33 hours/month
iv. 16+ years of employment: 21.33 hours/month
Attorney has the option of applying accumulated personal leave towards early
retirement. To qualify for this benefit, Attorney must give the City at least 60
days written notice of the last date that he will perform his duties for the City.
Alternatively, the City will cash out Attorney's personal leave at a rate of 25%
in.
Leave Without Pay, The Mayor may grant leaves of absence without pay for
absences from work not covered by any other type of leave.
n.
Jury and Witness Leave. The City shall grant Attorney time off with pay to serve
on a jury or as a witness in a judicial or quasi-judicial proceeding. This benefit
shall be in addition to any other leave offered by the City.
o.
Arbitration Leave. If Attorney is selected to serve as an arbitrator pursuant the
provisions set forth in RCW 7.06, the City shall grant Attorney time off with pay
to serve as an arbitrator. This benefit shall be in addition to any other leave
offered by the City.
p.
Administrative Leave. The City may place Attorney on administrative leave with
or without pay for an indefinite period of time, as approved by the Mayor to be in
the best interest of the City, during the pendency of an investigation or other
administrative proceeding.
q.
Bereavement Leave. Upon approval of the Mayor, the City shall grant Attorney 3
days of bereavement due to the death of an immediate family member.
40
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• r. Holidays. The City recognizes the following holidays: New Years Day, Martin
Luther King's Birthday, President's Day, Memorial Day, Independence Day,
Labor Day, Veteran's Day, Thanksgiving Day, Day After Thanksgiving,
Christmas Day, and a Floating Holiday.
7. Duties. Attorney shall perform all duties of the City Attorney as set forth below and
other duties as may be assigned from time to time by the Mayor.
a. General Purpose. This is a professional position that plans, directs, and
coordinates comprehensive legal services for the City; provides counsel to the
Mayor, Council, staff, committees and commissions; provides legal advice to
guide City policies, decisions and activities; represents the City and supervises
and directs representation of the City at various court levels and tribunals in
criminal and civil litigation and in administrative hearings; drafts and interprets
City ordinances and resolutions; negotiates real property acquisitions; provides
advice, counsel and representation to protect the City's interests; participates in
the City's short and long range planning to assure proper consideration of legal
issues.
b. Supervision. Attorney works under the direction of the Mayor.
c. Essential duties and functions.
i. Plans and coordinates comprehensive legal services for the City; attends
meetings and provides ongoing legal advice to the Mayor, Council, and
staff, represents and supervises and directs representation of the city at
civil and criminal misdemeanor matters and in administrative hearings.
ii. Reviews documents prepared by staff to assure proper legal principles and
procedures are followed and to assure that legal advice to city clients is
accurate, responsive, and sensitive to political and policy considerations.
iii. Prosecutes violations of the City's municipal code.
iv. Prosecutes and/or defends, in courts of original jurisdiction, and on appeal,
civil actions brought by or against the city, or against officials, officers,
and/or employees in their official capacity, including, but not limited to,
condemnations, local improvement districts, zoning regulations and
jurisdictional disputes, and issues not sounding in tort and referred under
the City's liability insurance program.
v. Provides legal advice to guide city policies, decisions and activities; drafts
and interprets city ordinances and resolutions, deeds, contracts, and other
legal documents; provides advice, counsel and representation to protect
the city's interests.
vi. Attends city council meetings, and special meetings when needed, and
provides legal advice as requested; reviews legal propriety of documents
under consideration by the council or city administrative officials.
vii. Participates in proceedings for the vacation of streets, condemnation of
lands for municipal purposes, for land acquisitions, and for related legal
transactions.
viii. Participates in the drafting and review of letters, ordinances, contracts,
resolutions, policies, real estate documents, and other legal documents
enacted by the city to assure proper wording, limit the city's liability,
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assure they carry out the city's intent, assure they comply with applicable
laws, and protects the city's interests; drafts opinion letters as required or
requested.
ix. Evaluates and makes recommendations to the Mayor on awards of legal
contracts to outside counsel; assigns, directs and coordinates outside
counsel work to assure compliance with specifications, time lines, and
legal requirements.
x. Tracks legal and policy issues of importance to the city; reads legal
journals and utilizes networks to establish contacts and sources of
information relevant to the city.
xi. Reviews proposed and enacted state and federal legislation for impact
upon the city; recommends appropriate responses where necessary to
protect the city's legal interests; analyzes legal trends and developments
impacting the city and recommends appropriate city responses of action.
xii. Directs and coordinates outside counsel retained by the city in
specialization litigation and other matters.
8. Termination.
a. By City. In the event that the Mayor elects to terminate Attorney, each
termination shall be subject to the following condition: Attorney shall be given
not less than ninety (90) days prior notice of the intent to terminate him, or ninety
(90) days severance pay at the option of the City.
• b. By Attorney. In the event Attorney shall terminate his employment with the City,
Attorney agrees that he shall provide the City not less than thirty (30) days prior
notice of the effective date of such termination in order to afford the City a
reasonable opportunity to find a replacement for Attorney. In the event a
replacement is found who is able to commence employment prior to the
expiration of the 30-day, the City may terminate Attorney prior to effective date
provided in the 30-day notice.
9. Performance Evaluation. The Mayor shall evaluate Attorney's performance on or
before January 1, 2010 and then at least once every 12 months thereafter.
10. Professional Liability. The City agrees to defend, hold harmless and indemnify
Employee from all demands, claims, suits, acts, errors or other omissions in legal proceedings
brought against Attorney in his individual capacity or in his official capacity, provided the
incident arose while Attorney was acting within the scope of his employment.
11. Modification. The parties agree that this agreement cannot be amended or modified
without the written concurrence of both parties.
12. Severability. If any provision or portion of this agreement is held to be unconstitutional,
invalid, or unenforceable, the City shall have the -right, at its option, to declare the agreement
void and enter into negotiations with the Employee for execution of a new personal services
agreement.
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•
13. Notice. Any notices required to be given by the City to Attorney or by Attorney to the
City shall be delivered to the following parties at the following addresses:
City of East Wenatchee
Mayor's Office
921 Ninth Street NE
East Wenatchee, WA 98802
Devin Poulson
1622 Orchard Ave.
Wenatchee, WA 98801
Any notices may be either delivered personally to the addressee of the notice or may be
deposited in the United States mails, postage prepaid, to the address set forth above. Any notice
so posted in the United States mail shall be deemed received three (3) days after the date of
mailing.
is CITY OF EAST WENATCHEE
El
By Steven C. Lacy, Mayor Date
Devin Poulson Date
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•
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•
•
CITY OF EAST WENATCHEE COUNCIL MINUTES JANUARY 13, 2009
•
CITY OF EAST WENATCHEE, WASHINGTON
REGULAR SESSION OF THE CITY COUNCIL CONVENED
MAYOR STEVEN C. LACY, PRESIDING
JANUARY 13, 2009
6:30 P.M.
ROLL CALL
Councilmember's Present: Councilmember Johnson, Councilmember Barnhart, Councilmember
Hendricks, Councilmember McCourt, Councilmember Bremmer, Councilmember Raab and Mayor Lacy.
Council Action: A motion was made by Councilmember Johnson, second by Councilmember Bremmer,
to excuse Councilmember Buckner from this meeting. The motion carried, 6-0.
Staff Present: Dana Barnard, Brandon Mauseth, Devin Poulson, Lori Barnett, Joan Sims, Nick Gerde,
Randy Harrison, and Catalina Garibay.
PLEDGE OF ALLEGIANCE
CITIZEN COMMENTS
BUDGET ISSUES
Mayor Lacy said he has added the item Budget Issues to the Council Agenda. He said he would like to
establish a budget committee as a permanent standing committee of the City allowing us to remain up to
date on issues as they arise. He added that by placing the Budget Issues as a standing agenda item we will
be able to review aspects that could impact the budget.
DEPARTMENT REPORT
City Clerk Department
City Clerk, Dana Barnard, said one of the items reviewed while processing a taxicab driver's license is to
complete a background check to ensure that the applicant does not have any felonies or convictions within
the past five years as stated in the East Wenatchee Municipal Code. Until January 1, 2009, the East
Wenatchee Police Department was able to conduct the background checks to review the criminal history
by using a purpose Code E through the Washington State Patrol website. However, staring January 1,
2009, all agencies wanting to use Purpose Code E must use the Washington Access Criminal History
WATCH Program. Ms. Barnard said an account has been set up with the WATCH Program enabling the
City to request information. She added there is a cost to the City in the amount of $10 to $35 depending
on whether you are requesting the information over the internet or by mail. She said she would like to
charge these fees back to the applicant so that the City is not out any funds as the City will be billed for
using the WATCH program. Ms. Barnard said the Finance Department has set up an expenditure account
to pay those fees, and a revenue account to receipt those fees back to the City when accepted by the
applicant. She asked Council to approve a motion enabling the City to adopt these fees.
Council Action: A motion was made by Councilmember Johnson, second by Councilmember McCourt,
to adopt a fee specifically to reimburse the City for each time an application is submitted requiring a
background check. The motion carried, 6-0.
0
CITY OF EAST WENATCHEE COUNCIL MINUTES JANUARY 13, 2009
Street Department
Street Superintendent, Brandon Mauseth, said the Street Department accumulated approximately one
hundred thirty hours of overtime with regards to snow plowing. He added that snow berm removal is
done during normal working hours and does not get removed on any overtime schedule. He said as of this
date the approximately forty hours of overtime have been accumulated for January. He added that after
the wind storm which melted much of the snow, the crew was not working on snow removal as they
switched over to stormwater maintenance to open storm drains and also assisted the Police Department
with delivering sandbags.
Mayor Lacy applauded the Street Department crew for their work in keeping the streets cleared.
Mr. Mauseth reported that during the recent snow storms, and the wind storm on January 7, 2009, the
City Hall building suffered damage from snow and ice. He said an ice dam formed in a valley over the
kitchen which leaked under the roofing material saturating the soffit, which then fell down. He said there
is water damage in the kitchen and in the library. He added Blodgett Construction is working on the
repair.
Mayor Lacy asked Mr. Mauseth how the overtime and comp time issues he addressed compare to his
budget for 2008. Mr. Mauseth said the year-end budget figures are not available until the 2008 year has
been closed out. However, he has discussed the issue with Finance Director Nick Gerde and the line item
would remain within the budgeted amount due to the fact that some of the employees take comp time
rather than overtime.
. Mr. Mauseth said the East Wenatchee Water District (EWWD) has allowed the Street Department to use
the EWWD truck when the Street Department does snow berm removal or restocks the sand pile. He said
this has been a tremendous help to the City as the City does not have to take that equipment off City
trucks and then turn around and put it right back on in order to do this work.
Councilmember Bremmer asked Mr. Mauseth if there was a way he could schedule the crew to do snow
plowing based on whether a snow storm is expected to occur so that no overtime would be necessary for
snow plowing. Mayor Lacy said it is an idea in which he will consider as he is the one in control of that
type of scheduling. He added it might be difficult to predict the weather and by changing the schedule it
could lessen the hours needed for other jobs that would still need to be completed as part of the regular
work schedule.
Councilmember Johnson asked if the City had a policy on when to start snow plowing based on the
amount of snow accumulation. Mr. Mauseth said there is not a written policy or guidelines. He said the
Street Department relies on the Police Department to call out our snow plow drivers when the conditions
are warranted. He added a two inch snow accumulation is a good gage to use, as to when to start plowing
the snow.
Finance Department
City Treasurer/Finance Director, Nick Gerde, said following adoption of the 2009 East Wenatchee
Budget which included the implementation of utility taxes he made notice to Douglas County P.U.D,
Cascade Natural Gas, and fifteen different Cable, Telephone and Wireless companies by way of certified
mail regarding charging that tax. He added he has been working with Community Development Director,
Lori Barnett, with regards to using the Graphic Information System (GIS) to identify and ensure those
Utility Companies have an accurate list of addresses within the City limits.
0
•
CITY OF EAST WENATCHEE COUNCIL MINUTES JANUARY 13, 2009
Mr. Gerde reported on the financial closing status for the year stating that the State Auditor's Office
advises that the books are left open for a time after the end of the year in order to pay invoices which were
budgeted for the year 2008, but not received until 2009, allowing the City to record those payments as if
they were paid in 2008. He added this also applies to the revenue side of the budget. The City has a
capital project, the Rock Island Road Project, in which the Transportation Improvement board (TIB) owes
the City $197,000 on that project. These funds were included in the revenue forecast for 2008 and we
expect to receive those funds by January 20, 2009. Therefore, he is not able to close the books until that
process ends.
MAYOR'S REPORT
Mayor Lacy said the Wenatchee Valley Transportation Council (WVTC) has been working hard to meet a
deadline to submit a list of transportation projects in Chelan County and Douglas County that might
qualify as ready to go types of projects that could qualify if there was an opportunity to receive money
administered through the Metropolitan Planning Organizations (MPO). He said the list of prioritized
projects that was developed at the WVTC meeting was included in the Council packets. He added this is
the Economic Stimulus package that as of now is not even in existence, but rather something that
President Elect Barack Obama is going to lobby for when he comes into office. He said at the State level
there is optimism about getting these funds, so these funds may or may not develop, and if they do
develop they may not be administered through the MPO, but if they are administered through the MPO,
which would be an effective way of doing this, we are in a position as a group of jurisdictions as a MPO
to have a list in place to work from.
Mayor Lacy said he was pleased with the objective criteria developed by all the representatives of the
various jurisdictions, which lead to the ranking of these projects. He said the East Wenatchee Grant Road
pavement preservation project from Eastmont Avenue to Kentucky Avenue received a fairly high rating.
Mayor Lacy said in the future when we have dollars available we might like to consider, having some
design work done with right -of way -acquisitions acquired for City projects in case these kind of
opportunities continue to come up, we would be in a better position to compete for funding.
Councilmember Barnhart asked if the design work had been completed for the Kentucky Avenue Project.
Mr. Mauseth said the City does not have the design work or the right-of-way acquisitions for that project.
Councilmember Hendricks asked if Public Utility District No. 1 of Douglas County (P.U.D.), the East
Wenatchee Water District (EWWD), and the Douglas County Sewer District (DCSD) received copies of
the City's Six -Year Transportation Improvement Program (TIP) in order to coordinate projects. Mr.
Mauseth said the City does coordinate with those entities with regards to those projects that are
scheduled and planned, such as the Grant Road Overlay that we are combining with Washington State
Department of Transportation (WSDOT); the EWWD will be replacing a main 12 inch line just before the
City starts the overlay project. Mayor Lacy suggested sending the Six -Year TIP to those entities.
Mayor Lacy said he would like to finalize Council Assignments for 2009. He said he would like to add
the Budget Committee to that list as he would like this to be a year-round committee for the 2010 budget.
He asked which Councilmembers were interested in serving on this committee. Councilmember Johnson,
Councilmember Barnhart, Councilmember McCourt, and Councilmember Bremmer showed an interest in
serving in the Budget Committee for 2010. Mayor Lacy said he can appoint three Councilmembers to this
committee and since Councilmember Johnson and Councilmember Bremmer both served on the 2009
Budget Committee he will appoint Councilmember Barnhart, and Councilmember McCourt to serve on
the standing budget committee for 2010. A coin toss was done between Councilmember Bremmer and
CITY OF EAST WENATCHEE COUNCIL MINUTES JANUARY 13, 2009
0
Councilmember Johnson for the third position. Councilmember Bremmer won the coin toss and was
appointed to the 2010 Budget Committee. Mayor Lacy said he would prefer the budget committee meet at
least quarterly and if there are issues that come up he may ask the committee to meet more often.
Mayor Lacy made the following changes to the Council appointments: Councilmember Johnson will
serve as the alternate to the Chelan -Douglas Regional Support Network; Councilmember Bremmer will
serve as alternate to the East Wenatchee Events Board; and Mayor Lacy will serve as representative with
Councilmember Buckner serving as the alternate to the Wenatchee Valley Transportation Council.
Mayor Lacy thanked Councilmember Raab for serving as Mayor Pro-Tem. He asked Councilmembers if
anyone was interested in serving as Mayor Pro-Tem. Councilmember Barnhart was nominated by
Councilmember Bremmer. Councilmember Johnson also expressed an interest to serve as Mayor Pro-
Tem. A coin toss was done between Councilmember Barnhart and Councilmember Johnson.
Councilmember Johnson won the coin toss and was appointed as Mayor Pro Tempore for 2009.
The following is a list of Council Assignments for 2009:
Abbr.
Or anization
Representative
Alternate
Chelan - Douglas Health District
Councilmember McCourt
Mayor Lac
RSN
Chelan -Douglas Regional Support Network
Councilmember McCourt
Councilmember Johnson
COG
Council of Governments
Councilmember Barnhart
Councilmember McCourt
Douglas Coup Regional Council
Mayor Lacy
Councilmember Raab
EWEB
East Wenatchee Events Board
Mayor Lacy
Councilmember Bremmer
EDD
Economic Development District
Councilmember Buckner
Councilmember Johnson
Housing Authority of Chelan County & the City of Wenatchee
Councilmember McCourt
Councilmember Hendricks
LINK
Link Transit
Councilmember Johnson
Councilmember Raab
NCRTPO
North Central Regional Transportation Planning Organization
Councilmember Buckner
Councilmember Hendricks
RC&D
Resource Conservation and Development
Councilmember Buckner
Councilmember Johnson
SWAC
RIVERCOM 911 dispatch)
Solid Waste Advisory Committee
Councilmember Barnhart
Councilmember Raab
Councilmember Bremmer
Councilmember McCourt
SWU
Storm Water Utility
Councilmember Raab
Brandon / Lori
TAC
Technical Advisory Committee SWAC Executive
Councilmember Raab
Councilmember McCburt
WVCC
Wenatchee Valley Chamber of Commerce
Councilmember Buckner
Mayor Lac
WVCVB
Wenatchee Valley Convention and Visitors Bureau
Mayor Lacy
Council member Bremmer
Wenatchee Valley Museum & Cultural Center - reorganization
Councilmember Buckner
Mayor Lac
WVTC
Wenatchee Valley Transportation Council
Metropolitan Planning Organization
Mayor Lacy
Councilmember Buckner
Mayor Pro-Tem
Councilmember Johnson
N/A
Watershed Planning
Lori Barnett
N/A
Budget Committee
Councilmember Barnhart
Councilmember McCourt
Councilmember Bremmer
N/A
N/A
N/A
0
CITY OF EAST WENATCHEE COUNCIL MINUTES JANUARY 13, 2009
•
Mayor Lacy said the City received a report from the City of Wenatchee which serves as the lead agency
for the Chelan Douglas County Homeless Housing Program. He said the report gives an update of the
activities being funded with the Homeless funds. He added if Council wishes to review the report to
contact City Clerk, Dana Barnard.
Mayor Lacy the said City owns property located at 3`a Street NE that was purchased for the Central
Business District (CBD) Project. He said the City no longer has a need for the remaining portion of that
property and the idea came up that we might be able to raise some capital for the City if we were to
authorize and select a method for disposing of that property. He asked Council if they wish to surplus the
property.
Council Action: A motion was made by Councilmember Barnhart, second by Councilmember Johnson,
to surplus City owned property located on P Street NE. Mayor Lacy said without objection he will
consider the surplus of the property unanimous. No objections were heard.
Mayor Lacy said the next step would be to decide on how to dispose of the surplus property and asked
City Attorney, Devin Poulson, to make a recommendation.
Mr. Poulson said the property can be auctioned either by sealed bids or opened bids, and it can also be
listed with a realtor. He added that an appraisal of the property would need to be completed prior to
moving forward with the sale.
Council Action: A motion was made by Councilmember Johnson, second by Councilmember Bremmer,
to obtain an appraisal of the City property located on 3`a Street NE. The motion carried 6-0.
Mayor Lacy said he would table the issue until the appraisal has been completed.
Councilmember Barnhart asked if City Attorney Poulson could find out information regarding the cost
and process to do a public auction.
Mayor Lacy reported that when the budget was adopted a figure was set for the Animal Control contract
and he was authorized to negotiate a contract within the confines of the budgeted amount. He said a
contract was negotiated for an amount that was approximately $3,000 less than the budgeted amount. He
informed Council that he did sign a contract with the Wenatchee Valley Humane Society in the amount of
$63,633.52 for 2009. He added the original amount was over $67,000.
CONSENT CALENDAR
1. Consideration of Minutes — Regular Session, December 9, 2008
2. Consideration of Bills
Council Action: A motion was made by Councilmember Raab, second by Councilmember Johnson, to
approve the consent calendar as presented. The motion carried, 6-0.
Vouchers audited and certified by the auditing officer as required by RCW 42.24.080 and those expense
reimbursement claims certified as required by RCW 42.24.090 have been recorded in a listing, which has
been made available to Council.
0
•
CITY OF EAST WENATCHEE COUNCIL MINUTES JANUARY 13, 2009
2008 Payables
As of December 30, 2008, Council does approve warrant numbers 21018-21105 in the total amount of
$209,541.53. Warrant numbers 20966, 20991, 21051, and 21072 were voided.
2009 Payables
As of this date, January 13, 2009, Council does approve warrant numbers 21106-2110 in the total amount
of $52,667.02.
ACTION ITEMS
09-01-01 Approval of an Employment Contract with Devin Poulson to serve as City Attorney for the
City of East Wenatchee.
Councilmember Hendricks asked why this employee has a contract and none of the other employees do.
Mayor Lacy said he would like to hire an attorney under circumstances where the Attorney is committed
to the City for a specific number of years. Whereas, employees of the City are all at will employees. He
added, when the City instituted the idea of hiring a City Attorney it was based on escalading costs as we
were hiring Attorney's by contract and at the time the City was spending approximately $156,000 a year
for the contracted legal services.
Council Action: A motion was made by Councilmember Barnhart, second by Councilmember Raab, to
approve the Employment Contract with Devin Poulson to serve as City Attorney for the City of East. The
motion carried, 5-1. (Hendricks)
• 09-01-02 Acquisition, installation and implementation of the New Vision Municipal Solutions
Software and the impact on payroll conversion to semi-monthly payrolls.
City Treasurer/Finance Director, Nick Gerde, said this software was budgeted for in 2008 and was not
purchased. He added this is a new program developed by Vision Municipal Solutions Software and was to
be installed at several Cities in 2008 and he felt it would be a good idea to allow time for the program to
be in use for a period of time in order to work out any problems associated with the new program before
the City made a commitment to purchase the program. He said Council had approved semi-monthly
payrolls in August 2008, and at that time the Finance Department believed they would be able to purchase
the software allowing them to move towards doing a semi-monthly payroll. However, the City found that
they were significantly short of what their anticipated resources would be in 2008 and the software was
not purchased.
Mr. Gerde said as a recommendation by the budget committee, the software program was not
implemented into the 2009 budget to avoid capital costs. He added Vision Municipal Solutions has an
easy payment plan with no interest for a five year purchase agreement. This would allow the capital
expense to be spread out over an extended period of time if the City decided to make the purchase in
2009.
Mr. Gerde said that changing to semi-monthly payrolls using the old software system would be a
significant process that would cost a fair amount of money and time. He recommended that a decision to
purchase the software not be made at this time. However, during this budget year if we fmd that we are
financially sound and the revenues are coming in on the new utility taxes this could be a decision to
entertain at a later date. He added the total cost of the software program is $18,880 which includes
• licensing fees. Mr. Gerde said he was not asking for a decision by the City Council this evening but rather
•
CITY OF EAST WENATCHEE COUNCIL MINUTES JANUARY 13, 2009
to inform them that the City will not be going to semi-monthly payrolls until the new software system is
purchased.
Mayor Lacy said the first quarter of 2009 will end on March 31, 2009, and the carry over from the 2008
budget would at that time be finalized. He recommended reviewing those numbers and then making a
decision if the City is in a position to spend the additional $18,880 for the software.
09-01-03 Approval of a Final Contract Acceptance and Original Contract Amendment No. 2 for the
Kenroy Improvement Project.
Street Superintendent, Brandon Mauseth, said the City has began closing out the project. He said the total
cost of the project was $228,418 and the original contract amount was $213,000, giving us a shortfall of
$15,113. He said the reason for the shortfall is that the Greater Wenatchee Irrigation District line ended
up being directly under the footing of the block retaining wall, there was additional fill material needed
alongside a residence to stabilize the block wall, additional irrigation repair, and additional hot mix
asphalt due to faulty sections in the road that we decided to take care of at the same time. He said this
information is submitted for consideration of final acceptance of the contract.
Mr. Mauseth said the original agreement with RH2 Engineering was not to exceed $40,000. He said the
Interlocal Agreement between the Eastmont School District and the City of East Wenatchee, the City
agreed to design and pay for the construction engineering involved with the project. He said when the
City started closing out the project that amount was exceeded with RH2 Engineering due to some
paperwork deficiencies from a sub -contractor as they refused to sign the intent to pay prevailing wage and
also the affidavit of prevailing wage. Mr. Mauseth said the reason for that was a punch list was submitted
. to the Contractor, Doug Jones Concrete, which consisted of some outstanding fence items on the punch
list that were not completed. Doug Jones Concrete was not successful in contacting the sub -contractor
who was responsible for the fence so they made those repairs themselves and then billed the sub-
contractor for that work. When the sub -contractor received the bill they refused to sign the necessary
paperwork for the City to close out the project. Mr. Mauseth recommended approval of the final
acceptance of the project and then approval of the supplement to RH2 Engineering. He said he would then
contact the School District to see if they are willing to participate in the additional cost.
Mayor Lacy suggested tabling the issue until we can determine whether we have a legal basis to claim
that our obligation does not exceed $40,000.
09-01-04 Authorization to utilize up to $100,000 Real Estate Excise Tax in the Capital
Improvements Fund 314 at the end of 2008 for use to offset costs of the Rock Island
Road Project.
Mr. Gerde explained the limitations of how Real Estate Excise Tax dollars may be spent and said that
funding for the Rock Island Road Project was expected to be provided by the Transportation
Improvement Board, funding partners, and the City through allocations of property and sales taxes.
Monies from Real Estate Excise Taxes (REET) can legally be spent on street improvement projects like
the Rock Island Road Project, but the City has not evaluated allocating REET monies for this project. He
said that with the City's current and projected cash position, he is recommending that the REET that are
restricted for these types of projects be allocated to the Rock Island Road Project, as opposed to general
revenues like property taxes and sales taxes. He added this would allow needed cash management
flexibility during 2009 and avoid a potential problem of inadvertently spending restricted funds
inappropriately.
0
•
CITY OF EAST WENATCHEE COUNCIL MINUTES
JANUARY 13, 2009
Council Action: A motion was made by Councilmember Johnson, second by Councilmember McCourt,
to authorizing the utilization of up to $100,000 Real Estate Excise Tax in the Capital Improvement Fund
314 at the end of 2008 for use to offset costs of the Rock Island Road Project. The motion carried, 6-0.
RESOLUTION
09-12-04 A resolution amending certain fees relating to animal control services.
Council Action: A motion was made by Councilmember Barnhart, second by Councilmember Johnson,
to adopt the resolution amending certain fees relating to animal control services. The motion carried, 6-0.
The resolution title reads as follows:
RESOLUTION NO.2009-01
A RESOLUTION OF THE CITY OF EAST WENATCHEE, WASHINGTON,
AMENDING CERTAIN FEES RELATING TO ANIMAL LICENSES AND
ANIMAL SERVICES AND REPEALING RESOLUTION NUMBER 04-01.
09-01-05 A resolution designating a voting representative and an alternate to the Wenatchee Valley
Transportation Council for the calendar year 2009.
Mayor Lacy said this item was addressed during his report. Therefore, if there are no objections the
resolution is adopted. No objections were heard.
• The resolution title reads as follows:
RESOLUTION NO.2009-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST
WENATCHEE, WASHINGTON, DESIGNATING A VOTING REPRESENTATIVE
AND AN ALTERNATE TO THE WENATCHEE VALLEY TRANSPORTATION
COUNCIL FOR CALENDAR YEAR 2009.
09-01-06 A resolution designating a voting representative and an alternate to the North Central
Washington Regional Transportation Planning Organization for the calendar year 2009.
Mayor Lacy said this item was addressed during his report. Therefore, if there are no objections the
resolution is adopted. No objections were heard.
The resolution title reads as follows:
RESOLUTION NO.2009-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST
WENATCHEE, WASHINGTON, DESIGNATING A VOTING REPRESENTATIVE
AND AN ALTERNATE TO THE NORTH CENTRAL REGIONAL
TRANSPORTATION PLANNING ORGANIZATION FOR CALENDAR YEAR
2009.
09-01-07 A resolution of the City of East Wenatchee adopting a new Manual of Personnel Policies
0 and Procedures.
CITY OF EAST WENATCHEE COUNCIL MINUTES JANUARY 13, 2009
•
Mayor Lacy recommend changing this item to discussion only as opposed to taking action as there have
been additional changes made to the manual presented in Council packets.
Mayor Lacy gave a background as to how the current Employee Manual was created and adopted by
resolution in 1999. He said over the past several years issues have come up requiring amendments to be
made.
Councilmembers discussed combining the sick leave and vacation time to personal time; they questioned
maximum number of hours that can be accrued for personal time; sick leave pay upon retirement;
restricting the use of chewing tobacco; Councilmembers not being listed on the Salary Schedule;
longevity pay; and performance evaluations.
Mayor Lacy said that through this discussion he has an idea of the changes needing to be made. He said
these changes will be incorporated into the draft Employee Manual and come back for additional revision
or adoption at the next City Council meeting.
ORDINANCE
09-01-08 First reading of an ordinance amending Chapter 4.18 of the East Wenatchee Municipal
Code, imposing an additional quarter percent Real Estate Excise Tax.
Mayor Lacy exercised his option to elevate this ordinance to second reading.
Council Action: A motion was made by Councilmember Johnson, second by Councilmember Raab, to
adopt the ordinance amending Chapter 4.18 of the East Wenatchee Municipal Code, imposing an
additional quarter percent Real Estate Excise Tax. The motion carried, 4-2. (Hendricks, Bremmer)
The ordinance summary reads as follows:
ORDINANCE NO.2009-01
AN ORDINANCE OF THE CITY OF EAST WENATCHEE, AMENDING
CHAPTER 4.18 OF THE MUNICIPAL CODE, IMPOSING AN ADDITIONAL
QUARTER PERCENT REAL ESTATE EXCISE TAX, CONTAINING A
SEVERABILITY CLAUSE, AND ESTABLISHING AN EFFECTIVE DATE.
COUNCIL REPORTS
Councilmember Johnson submitted minutes from the North Central Washington Resource Conservation
& Development meeting held on December 10, 2008.
Mayor Lacy submitted minutes from the Wenatchee Valley Transportation Council meeting held on
December 11, 2008, and on December 18, 2008.
Councilmember McCourt submitted minutes from the Regional Support Network Governing Board
meeting held on December 1, 2008.
ADJOURNMENT — 8:50 p.m.
0
CITY OF EAST WENATCHEE COUNCIL MINUTES JANUARY 13, 2009
Dana Barnard
City Clerk
•
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0
COUNCIL AGENDA BILL #
PRESENTER:
POSITION:
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
12-11-03 AGENDA ITEM* 7
Don McGahuey P.E.
Public Works Director
AGENDA DATE: November, 13 2012
DEPARTMENT: Public Works Department
TITLE:
Contract with Corban Security for the City Hall Master Key / Proximity Card Reader Project.
BACKGROUND/HISTORY:
As part of the 2012 budget, East Wenatchee City Council approved funding to complete a re -key project for
all City Hall main access doors and doors to all staff personal offices. The project also included upgrading
the electronic key code access for the exterior doors on the Police Station to a proximity card reader for
access control. $3,500.00 was appropriated in the 2012 budget for this project.
The City's Small Works Roster was utilized to request bids, an invitation to bid was submitted to the three
companies listed below;
1. Corban Security, Wenatchee-------------$3,176.21
2. Keyhole Security, Wenatchee ---------- $3,896.51
3. Basin Lock & Security, Moses Lake — Did not submit bid
EXHIBITS:
Proposal from Corban Security
City of East Wenatchee Contract # 12-02
RECOMMENDED ACTION:
Award contract to Corban Security and authorize the Mayor to sign and execute.
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$3,493.83 $ 3,500.00 $0
Includes 10% contingency
ACTION TAKEN:
Motion Made By: �(+/-� Second By:
Councilmember Collings Councilmember Raab
Councilmember Johnson
Councilmember McCourt
Councilmember Barnhart
Passed: .� 0 Failed:
Councilmember Buckner
Councilmember Detering
Mayor Lacy (in case of tie)
Page 1 of 1
•
•
Contract for Project Number 12-02
City Hall Masterkey / Prox Reader Project
Between
The City of East Wenatchee
271 9' St. NE
East Wenatchee, WA 98802
(509) 884-9515
And
Corban Security
P.O Box 3755
Wenatchee, Washington 98807
(509) 888-2008
This Contract consists of the following documents:
1. Contract for Project Number 12-02, City Hall Masterkey / Prox Reader Project.
2. Bid Proposal.
Contract for Project Number 12-02, City Hall Masterkey / Prox Reader Project
Page 1 of 8
• TABLE OF CONTENTS
•
L�
1. Parties.................................................................................................................................3
2. Purpose...............................................................................................................................3
3. Authority............................................................................................................................3
4. Recitals...............................................................................................................................3
5. Representations..................................................................................................................3
6. Term and termination of Contract.................................................................................... 3
7. Scope of Work....................................................................................................................3
8. Compensation....................................................................................................................4
9. Independent Contractor....................................................................................................4
10. Property and Confidential Information........................................................................5
11. Indemnification.............................................................................................................. 5
12. Contractor to Direct Work............................................................................................5
13. Insurance........................................................................................................................ 6
14. Audit...............................................................................................................................6
15. Mediation and Arbitration.............................................................................................6
16. General Provisions.........................................................................................................6
Contract for Project Number 12-02, City Hall Masterkey / Prox Reader Project
Page 2 of 8
•
1. Parties.
The Parties to this agreement are the City of East Wenatchee ("City") and Corban Security.
("Contractor").
a. The City:
i. The City is a non -chartered code city in the state of Washington.
b. The Contractor
i. The Contractor is Corban Security.
2. Purpose.
The purpose of this agreement is to secure services of the contractor to rekey the locks on all
access doors for the East Wenatchee City Hall, rekey the locks to all personal offices and to
upgrade the two pin -code access locks on the East Wenatchee Police Station exterior doors to a
proximity card reader system. The improvements will be completed at the East Wenatchee City
Hall.
3. Authority.
RCW 35.23.352 authorizes and requires the City to contract for public improvements.
4. Recitals.
a. The City selected Contractor through a small works roster process, which was
approved by the City Council on August 28, 2012.
5. Representations.
Contractor represents and warrants that it has the requisite training, skill and experience
necessary to perform the scope of work set forth in this Contract. Contractor further represents
that it is appropriately accredited and licensed by all applicable agencies and governmental
entities, including a business license with the City of East Wenatchee.
In consideration of the terms, conditions, covenants, and performance of the scope of work set
forth below, the City and Contractor mutually agree as follows:
6. Term and termination of Contract.
a. Term. All work within this contract must be completed by December 1„ 2012 at
5:00 pm.
b. Termination. The City may terminate this Contract without cause upon written
notice. If terminated without cause, the City will pay work -in -progress on a
prorated basis to the date of the termination notice.
7. Scope of Work.
Contract for Project Number 12-02, City Hall Masterkey / Prox Reader Project
Page 3 of 8
in Contractor shall do all work and furnish all tools, materials, and equipment for City Project
Number 12-02, City Hall Masterkey / Prox Reader Project. The project consist of rekeying all
main access doors, all City Staff personal office doors and installing two proximity card readers
on the Police Station exterior doors. The contract also includes any necessary training on how to
use the system for selected City of East Wenatchee Staff.
Furthermore, at Contractor's expense, Contractor shall provide all materials, labor, carriage,
tools, implements and conveniences, and things of every description that may be requisite for the
transfer of materials and for constructing and completing the work provided for in this contract
and every part thereof, except such as mentioned in the specifications to be furnished by the City.
The obligations set forth above are described as "Work" in this Contract.
8. Compensation.
a. Total Compensation. In consideration for the work performed by Contractor, as
set forth in paragraph 7, the City shall pay Contractor the total sum of $3,176.21
and shall be full compensation for all material, equipment, and labor costs to
complete the contracted work as specified. The City further agrees to pay
Contractor for any alterations or additions to the work covered by this contract
and every part thereof and any force account work that may be ordered and to pay
for the same under the terms of this contract and the attached bid proposal.
• b. Disputed Work: Notwithstanding all above, if the City believes in good faith that
some portion of Work has not been completed satisfactorily; the City may request
Contractor to correct work prior to the City payment for such Work. In such an
event, the City must clearly and reasonably provide to Contractor an explanation
of the City concern over the Work and the remedy that the City expects from
Contractor. The City may withhold from any payment otherwise due an amount
that the City in good faith is under dispute, or if the Contractor does not provide a
sufficient remedy, the City may retain the amount equal to the cost to the City for
otherwise correcting or remedying the work not properly completed.
c. Method of Payment. Contractor shall submit an invoice for the compensation after
Work has been performed. This may be a monthly invoice after work has been
performed, or may be a single invoice after project completion. An itemized
billing statement in a form approved by the City will be submitted to provide a
detailed description of the Work performed during the month, the number of
hours spent performing such Work, and any reimbursable costs and expenses
incurred in connection with such Work.
d. Invoices. Contractor shall submit invoices to the following address:
The City of East Wenatchee
271 Ninth St. NE
East Wenatchee, WA 98801
Attention: Public Works Director
0 9. Independent Contractor.
Contract for Project Number 12-02, City Hall Masterkey / Prox Reader Project
Page 4 of 8
• The parties intend and understand that Contractor is an independent Contractor and that the City
is neither liable for nor obligated to pay sick leave, vacation pay or any other benefit of
employment, nor to pay any social security or other tax that may arise as an incident of
employment. The Contractor shall pay all income and other taxes as due. Industrial or other
insurance that is purchased for the benefit of the Contractor shall not be deemed to convert this
Contract to any employment contract. It is recognized that Contractor may or will be performing
professional Work during the term for other parties and that The City is not the exclusive user of
the Work that Contractor will provide.
10. Property and Confidential Information.
Contractor shall not, without the prior written consent of The City, disclose to third parties
information that is not otherwise subject to public disclosure unless:
a. The information is known to Contractor prior to receiving the same directly or
indirectly in connection with the Work;
b. The information is in the public domain at the time of disclosure by Contractor; or
c. The information is received by Contractor from a third party who does not have an
obligation to keep the same confidential.
11. Indemnification.
Contractor releases and shall defend, indemnify and hold harmless the City, its elected officials,
officers, employees, agents and volunteers for any and all claims, demands, losses, negligent acts
or omissions, and liabilities (including costs and all attorney's fees) to or by any and all persons
• and entities, including without limitation, their respective agents, licensees, or representatives,
arising from, resulting from, or connected with this Contract to the extent caused by the
negligent acts, errors or omissions of Contractor, its partners, shareholders, agents, employees, or
by the Contractor's breach of this Contract.
To the maximum extent permitted by applicable law, this shall apply. However, this shall not
require Contractor to indemnify the City against any liability for damages arising out of bodily
injury or property damages caused by or resulting from negligence of the City. The City shall
protect, defend and indemnify and save harmless the Contractor, its representatives and other
employees all costs, claims, judgments or awards of damages arising out of the negligent acts or
omissions of the City, its officers or employees. Further, in the case of concurrent negligence of
Contractor on the one hand and the City on the other hand, each party shall be required to
indemnify the other only to the extent of the negligence of the party.
Contractor releases and shall defend, indemnify and hold harmless the City from and against all
claims, cost, liabilities, damages, expenses (including but not limited to reasonable attorney fees)
and royalties based upon any actual or alleged infringement or misappropriate of any patent,
copyright, trade secret, trademark, or other intellectual property right by any Work. Further, if
any Work infringe or misappropriates any patent, copyright, trade secret, trademark or other
intellectual property right, Contractor shall either (a) procure for the City the right to use such
Work; or (b) modify Work so that it no longer infringes or misappropriates any such right.
0 12. Contractor to Direct Work.
Contract for Project Number 12-02, City Hall Masterkey / Prox Reader Project
Page 5 of 8
. Contractor shall control and direct the performance of the work of Contractor pursuant to this
Contract, subject to oversight by the City. The City reserves the right to inspect, review and
approve the work of Contractor to assure that it has been completed as specified, before
payment.
13. Insurance.
Contractor agrees to maintain in full force and effect during the term of this Agreement the
following insurance coverage with regards to work performed for the City under this Agreement:
1) Commercial General Liability insurance with limits for bodily injury and property damage of
not less than $1 million per occurrence; 2) Commercial Automobile Liability insurance with
limits of liability for bodily injury and property damage but not less than $1 million per
occurrence; 3) Workers' Compensation insurance and statutory limits and with and employers
liability limit of at least $500,000. Contractor has the right to be self -insured where permitted by
state law or to provide such coverage subject to its deductible or self -insured retention. Upon
request, Contractor will provide the City with a certificate of insurance describing the coverage
provided in accordance with these provisions.
14. Audit.
Until at least 12 months following final payment, Contractor shall provide the City prompt
access to (and the City shall have the right to examine, audit and copy) all of Contractor's books,
documents, papers and records related to the work performed under this Agreement.
15. Mediation and Arbitration.
Should any dispute arise between the parties, the disputed matter shall be submitted to mediation
using a mediator from JAMS (Seattle office), and following the mediator selection process and
mediation rules followed by JAMS. The parties shall each pay their own costs associated with
mediation and shall each pay one half of the JAMS and mediator's fees. If the mediation is
unsuccessful, then the matter, at either party's request, shall be submitted to binding arbitration
in accordance with the Uniform Arbitration Act, Chapter 7.04A RCW. The substantially
prevailing party shall be entitled to recover their costs and attorneys fees incurred in the
arbitration, and the substantially non -prevailing party shall pay the cost of the arbitration,
including the arbitrator's fee.
16. General Provisions.
a. Assignment., Neither the Contractor nor the City shall have the right to transfer or
assign, in whole or in part, any or all of its obligations and rights hereunder
without the prior written consent of the other party. No delegation or
subcontracting of performance of any of the Work, with or without the City's
prior written consent, shall relieve Contractor of its responsibility to perform the
service in accordance with this Contract. Contractor shall be fully responsible for
the performance, acts and omissions of Contractor employees, Contractor
subcontractors and any other person who performance or furnishes any Work.
b. Authority. Each individual executing this Contract on behalf of the City and
Contractor represents and warrants that such individuals are duly authorized to
execute and deliver this Contract on behalf of the Contractor or the City.
Contract for Project Number 12-02, City Hall Masterkey / Prox Reader Project
Page 6 of 8
• c.
Compliance with Laws. Contractor, at its sole cost and expense, shall perform and
comply with all applicable laws of the United States and the State of Washington;
and all applicable laws, ordinances, rules, regulations, orders, and other
requirements, in effect, of any governmental entity (including but not limited to
such requirements as may be imposed upon the City and applicable to the
Contract). Contractor shall furnish documents as may be required to effect or
evidence such compliance.
d.
Conflict of Interest. Contractor represents that Contractor does not have a
business interest or close family relationship with any City officer or employee
who was, is, or will be involved in the Contractor's selection, negotiation,
drafting, signing, administration or evaluation of Contractor's performance. In
addition, Contractor confirms adherence to the City policy regarding conflict of
interest, and the City Ethics Code.
e.
Construction of Contract. The parties agree that each party materially contributed
to the preparation of this Contract. Accordingly, this Contract shall not be
construed more strictly against one party as the draftor.
f.
Entire agreement. The documents identified on the cover page to this Contract
constitutes the entire agreement concerning the subject matter, and superseding
any prior or contemporaneous communications.
g.
Executory Contract. This Contract will be considered valid once signed by both
parties.
h.
Governing Law. This Contract shall be interpreted, construed, and enforced in all
respects in accordance with the laws of the State of Washington.
i.
Modification. Neither party may alter or modify this Contract without the
express, written agreement of both parties.
j.
No Gifts and Gratuities. Contractor represents that it did not offer, nor did any
City employees accept a gift, gratuity, loan, trip, favor, special discount, work, or
anything of economic value in conjunction with the City's business practices.
k.
Nondiscrimination. In addition to the other nondiscrimination provisions of this
Contract, in all hiring or employment made possible or resulting from this
Contract, there shall be no unlawful discrimination against any employee or
applicant for employment because of sex, age, race, color, creed, national origin,
marital status or the presence of any sensory, mental, or physical handicap, unless
based upon a bona fide occupational qualification. This requirement shall apply to
but not be limited to the following: employment, advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. No person shall be denied or subjected to
discrimination in receipt of the benefit of any Work or activities made possible by
or resulting from this Contract on the grounds of sex, race, color, creed, national
origin, age except minimum age and retirement provisions, marital status, or in
the presence of any sensory, mental or physical handicap.
1.
Performance. Time is of the essence of this Contract in each and all of its
provisions in which performance is a factor.
in.
Remedies Cumulative. Any remedies provided for under the terms of this
Contract are not intended to be exclusive, but shall be cumulative with all other
.
remedies available to either party at law or in equity.
Contract for Project Number 12-02, City Hall Masterkey / Prox Reader Project
Page 7 of 8
•
•
n. Severability. If a court with personal and subject matter jurisdiction holds any
provision of this Contract to be illegal, invalid or unenforceable, the remaining
portions will remain in full force and effect and the parties will amended this
Contract to give effect to the stricken clause to the maximum extent possible.
o. Titles. The titles to the paragraphs of this Contract are solely for the convenience
of the parties and are not an aid in the interpretation of the instrument.
p. Waiver. No waiver of any breach of this contract shall be a waiver of any other
breach, and no waiver shall be effective unless made in writing and signed by an
authorized representative of the waiving party.
CITY OF EAST WENATCHEE
Signature:
Steven C. Lacy, Mayor
Date:
ATTEST:
Corban Security
Signature:
Title:
Owner
Date: 1 16 I2
if
Federal Employee ID
No.: S I-() 5,99 0-0
Contract for Project Number 12-02, City Hall Masterkey / Prox Reader Project
Page 8 of 8
•
•
City Hall Masterkey/Prox Readers
City of East Wenatchee
Prepared by: Michael Blakley
<michael@corbansecurity.com>
Prepared for: Brandon Mauseth
<bmauseth @ east-wenatchee. co m >
0 Goals, Objectives and Solution
The City of East Wenatchee needs the locks on the building rekeyed, and also needs the two existing
stand-alone pin -code access locks on the police station doors upgraded to a proximity type system. We
recommend a Kantech stand-alone proximity reader (see attached documents).
Fee Summary
(Qty. 2) Kantech Prox Readers and Prox Fobs $824.00
These are stand-alone proximity and/or pin code access control panels
• Up to 5,000 card users
• Use integrated reader, keypad or both
• Integrated or external ioProx proximity reader
• Read range of up to 16.5 cm (6.5 in)
• Easy programming from the keypad
• Higher security provided by a concealed door relay module Auxiliary relay to
• arm/disarm an alarm system
• Audit trail on the unit
• Duress function available
• 20 proximity keytags included
• Six languages programmable from keypad
Rekey Locks $762.50
• Main access doors to City Hall.
• General City Staff Offices
• Downstairs City Staff Offices
• Police Department Offices
This includes the desired sets of keys listed in the Invitation To Bid.
Cable/supplies $125.00
Cables, connectors, straps, supplies
9 Permit $24.00
Page 2 of 4
•
Electrical Permit
Labor & Training $1,200.00
Labor to install a complete and functional system. This includes training on how to use
the system for selected City of East Wenatchee staff.
Sales Tax $240.71
Washington State Sales Tax (East Wenatchee 8.2%)
Project Total $3,176.2i
Fee Schedule
The above pricing is effective through November 25, 2012. Project fees shall be due upon project
completion in accordance with the Terms and Conditions described by The City of East Wenatchee in
• "Contract for Project Number 12-02, City Hall Masterkey / Prox Reader Project".
Terms and Conditions
See Terms and Conditions provided by City of East Wenatchee titled "Contract for Project Number 12-02,
City Hall Masterkey / Prox Reader Project".
Next Steps
To proceed with this project, City of East Wenatchee is required take the following steps:
1. Accept the proposal as is or discuss desired changes. Please note that changes to the scope of the
project can be made at any time, but additional charges may apply.
Once these steps have been completed we will call to set up an installation date.
Project Timeline
• This project would moste likely be completed in one day.
Page 3 of 4
•
Proposal Acceptance
•
0
This proposal is accepted this day of , 2012 by:
(Sign and Print Name) , City of East Wenatchee
(Sign and Print Name) AJI IJ Corban Security
Page 4 of 4
RIVERCOM 911
RiverCom Administrative Board
Wenatchee City Council Chambers, 129 South Chelan Avenue, Wenatchee, WA 98801
Meeting Minutes
Wednesday, October 10, 2012
Administrative Board Members Present. DRAFT
Keith Goehner, Commissioner, Chelan County (Chairman)
Dale Snyder, Commissioner, Douglas County (Vice -Chairman)
Tony Veeder, Councilmember, City of Wenatchee
Wayne Barnhart, Councilmember, City of East Wenatchee
Phil Mosher, Operations Representative, Chief, Chelan County Fire District #6
Ex-Officio Members Present:
Tom Robbins, Chief, Wenatchee Police Department
John Wisemore, Undersheriff, Chelan County Sheriff's Office (Substitute for Brian Burnett)
RiverCom Personnel Present:
Criselia Grupp, Administrative Services Manager
Jerry Corder, IT Manager
Josh Humphrey, Radio Systems Technical Manager
Staci Engler, Confidential Administrative Assistant
Others/Audience Present:
Dee Gutierrez, RiverCom 911
Jim Brown, Wenatchee Police Department
Juan Sanchez, Douglas County
Dennis Matzen, Athena Networks
CALL TO ORDER:
Chairman Goehner called the meeting to order at 9:00 AM. Dee Gutierrez led the Pledge of
Allegiance. Chairman Goehner welcomed those present; attendees introduced themselves.
APPROVAL OF AGENDA:
The agenda was approved as presented.
A re -formatted agenda was provided to the Board for consideration. It was the consensus of
the Board to use the new agenda as presented starting at the next meeting.
APPROVAL OF MEETING MINUTES AND VOUCHERS:
The following items were presented to the Board for approval:
• Meeting Minutes for September 12, 2012
• September Payroll and Benefits in the amount of $251,909.75
• Accounts Payable Vouchers in the Amount of $241,785.07 for October 10, 2012.
RiverCom 911: Administrative Board Meeting —October 10, 2012 Pagel
Maintenance and Operations Account $ 39,169.37
Capital Account $ -0-
User Equipment Replacement Account $ -0-
General Communications Tax Account $ 8,954.45
Communications Tax Capital Projects Account $ 193,661.25
Total Vouchers: $ 241,785.07
Board Member Mosher noted that he reviewed vouchers and recommended
payment.
A MOTION was made by Board Member Mosher to approve September payroll and
benefits in the amount of $251,909.75 and Vouchers in the amount of $241,785.07 for
issuance on October 10, 2012. Board Member Veeder seconded the motion. The motion
passed unanimously.
A MOTION was made by Board Member Snyder to approve the September 12, 2012
Board meeting minutes with a correction: Under "Approval of Meeting Minutes and
Vouchers" on Page 2, strike Mosher and replace with Barnhart as the Board Member
who reviewed and recommended payment of the September vouchers. Board Member
Veeder seconded the motion as corrected. The motion passed unanimously.
BOARD CHAIRMAN'S REPORT:
There was no report.
40 DIRECTOR'S REPORT:
Interim Director Grupp reported on the following items:
Radio Site Report
Radio Systems Technical Manager Humphrey provided a short report on the status of work
being conducted at radio sites.
The simulcast radio cut -over is on schedule for October 17, 2012. Work will begin at 6:00 AM.
RC Lower Badger Property Boundary
At the Board's request, Interim Director Grupp contacted Mike Bromiley to discuss a property
line adjustment to the newly purchased property at Lower Badger (Crown Castle); Mr. Bromiley
will further discuss the matter with the group of owners who own the neighboring property. A
meeting is scheduled for the week of October 22 to further discuss the matter. Steve Crossland
will be available to assist with any change to property documents.
Carpet Replacement
Anti -static carpet replacement is scheduled for October 28-30, 2012. RiverCom does not expect
any disruptions in service.
Athena Networks Audit Report
Dennis Matzen with Athena Networks reported on the follow-up equipment audit he is
currently conducting at RiverCom October 8 —11. He met with DC MIS Juan Sanchez and will be
meeting with Fred Hart at Chelan County to process equipment diagnostics.
RiverCorn 911: Administrative Board Meeting —October 10, 2012 Page 2
•
0
RiverCom Equipment Room
The Board discussed how to proceed with questions involving user agency equipment attached
to RiverCom equipment specifically in the RiverCom equipment room where power is limited.
The Board directed RiverCom Staff to develop and prepare a policy and bring back to the
Board at the November meeting for review.
Personal Services Agreement - Tirapelle
A Personal Services Agreement between RiverCom and Mildred Tirapelle was provided to the
Board for review; Tirapelle to provide work for the Director hiring process and RiverCom to
compensate Tirapelle for such work.
A MOTION was made by Board Member Barnhart to approve the Personal Services
Agreement between RiverCom 911 and Mildred Tirapelle as presented. Board Member
Veeder seconded the motion. The motion passed unanimously.
Staffing Report
Confidential Administrative Assistant Engler reported on the hiring processes for the positions
of Emergency Services Dispatcher and Director. The Director hiring process is on schedule as
planned. A discussion took place about the order of the hiring process.
The Board asked RiverCom Staff to check with legal counsel about the order of
background checks in the hiring process.
ADMINISTRATIVE SERVICES MANAGER REPORT:
Financial Reports were provided in Board packets. Interim Director Grupp reviewed the
following:
Financial Reports and Budeet Summa
2012 YTD Expenditures:
As of September 30, 2012, actual expenditures recorded as follows:
Maintenance and Operations Account
Capital Projects Account
Equipment Replacement Account
Communications Tax Account
Dollar Amount % of Budget
$ 2,416,211 63.49%
$ -0- 0%
$ 26,587 82.47%
$ 1,701,550 58.00%
Total: $ 4,144,349 61.20%
2012 YTD Revenue:
As of September 30, 2012, actual revenue received recorded as follows:
Outside Revenue and Grants
Local E911 Excise Tax
Agency Assessments
Communications Tax Revenue
Site Leases
Dollar Amount
% of Budget
$ 247,579
82.99%
$ 754,982
77.04%
$ 1,817,005
75.76%
$ 1,433,338
75.34%
$ 10,747
107.47%
RiverCom 911: Administrative Board Meeting —October 10, 2012 Page 3
Outside Revenue and Grants (Capital) $ 757 0%
• Tota 1:
Fire Simulcast Grant Audit
$ 4,264,408 76.24%
Assistant State Auditor Kathleen Lince has completed the audit for the 2009 DHS Firefighter
Assistance Grant project and conducted pre -exit meeting at the end of September with Director
Tirapelle and Administrative Services Manager Grupp. The final Exit Audit Conference is
expected to take place at the end of October.
CAD Redundancy Equipment
The Board was provided with two (2) quotes for CAD Redundancy Equipment for review. Due
to the disparity in cost, Interim Director Grupp recommended to move the purchase of
equipment to 2013 and give RiverCom IT Manager time to evaluate each quote and identify the
most cost effective and efficient system to meet RiverCom's needs to provide services. The
available funds from the M & O could be transferred to the Capital Projects Account and then
purchase the equipment from the 2013 budget. It was the consensus of the Board to delay the
purchase to the year 2013.
Resolution 2012-7 — Account Transfer of $151,000.00
Resolution 2012-7 authorizing RiverCom to transfer funds in the amount of $151,000.00 from
the Maintenance and Operations Account to the Capital Projects Account for future capital
expenditures was provided to the Board for review.
• A MOTION was made by Board Member Barnhart to approve and adopt Resolution
2012-7. Board Member Snyder seconded the motion. The motion passed unanimously.
Presentation of 2013 Annual Budget
The 2013 Annual Budget was provided to the Board for final review. The budget amount for all
accounts total $6,512,441. There were no further questions or comments.
Resolution 2012-8 — 2013 Annual Budget
Resolution 2012-8 adopting an Annual Budget for the year 2013 was provided to the Board for
review.
A MOTION was made by Board Member Barnhart to approve and adopt Resolution
2012-8 establishing an Annual Budget for the Year 2013. Board Member Snyder
seconded the motion. The motion passed unanimously.
OPERATIONS REPORT:
Operations Manager Jones was out on Vacation Leave. Interim Director Grupp reported on the
following items:
Determinate- Based Dispatching Trial
Determinate -based dispatching software has been downloaded on a training laptop and is up
and running. RiverCom personnel have not yet been able to conduct enough testing to provide
an accurate report.
RiverCom 911: Administrative Board Meeting —October 10, 2012 Page 4
Parking Security Alert
• An audio alert message has been recorded for RiverCom-Wenatchee Police Department parking
lot security. Dispatchers will have the ability to play the recording to alert suspicious visitors
that they are being recorded.
Oktoberfest Staffing
RiverCom is up -staffing by one (1) person on Saturday nights during Oktoberfest dates in
Leavenworth. A discussion took place about how calls were tallied for the event and the cost of
additional personnel.
The Board asked RiverCom Staff to research billable calls and additional staffing for
Oktoberfest and bring the information to the November Board meeting.
RIVERCOM 911 OPERATIONS GROUP REPORT:
Board Member Mosher briefly reported on the RiverCom Operations Group meeting that took
place on October 9, 2012. He noted that agencies are programming radios in preparation for
the radio cut -over on October 17.
X9187!Z611WL061 d»: A
• A CBS "48 Hours" film crew was at Wenatchee Police Department and RiverCom last
week to film a piece on the Mackenzie Cowell homicide investigation that was initiated
in 2010. The segment is expected to air on October 27, 2012.
. • Fire Chief Fenton at Douglas County Fire District # 2 is retiring on October 31. His
departure will create a vacancy for the Ex-Officio Board position representing the North
Central Washington Fire Chief's Association. Board Member Mosher will follow-up with
the Fire Chief's.
• Interim Director Grupp will be out of the office October 15-18 to attend State E911
meetings and the October APCO Forum in Yakima, WA. The State E911 Office will be
providing a GIS presentation. RiverCom MSAG/GIS Coordinator Lynn Palmer will be in
attendance representing Chelan County and Amanda Taub will attend the GIS
presentation representing Douglas County. The State E911 Office has approved
additional funds and will be reimbursing RiverCom for the cost of Palmer and Taub to
attend the event.
State E911 Office — GIS Introduction
State E911 Technical Manager Corey Sulenes and GIS Manager Dan Miller arrived at the
meeting and provided a GIS introduction to the Board. Following the meeting, they plan to visit
RiverCom to review and evaluate Customer Premise Equipment (CPE) and Geographic
Information System (GIS) equipment and capabilities in preparation for NG911 implementation.
The NG911 system will enable IP-based technology to be used by Dispatchers for digital
applications. GIS functionality is a primary and central element of the NG911 system; NG911 is
built on a GIS data -base platform that utilizes complex data layers.
• Because the change to NG911 technology will be expensive, the State is looking at how NG911
infrastructure can be implemented in the most cost-effective manner and is seeking to
RiverCom 911: Administrative Board Meeting —October 10, 2012 Page 5
represent many points of view. The State E911 Office is also working with Alta Vista, a State -
contracted company hired to evaluate possible HUB/Remote and Vender Hosted solutions to
identify the most cost effective and efficient way of providing 911 services for each county in
the State of Washington. Representatives from Alta Vista will also be at RiverCom today
conducting a similar evaluation of equipment and gathering input from the Administrative
personnel of the needs and concerns moving forward.
ADJOURNMENT:
With no further business, the regular meeting of the Board was adjourned at 10:32 AM.
Minutes Respectfully Submitted,
Staci L. Engler
Confidential Administrative Assistant
RiverCom 911
ATTEST:
Criselia Grupp, Interim Director Date
Secretary to the Board
. RiverCom 911 Administrative Board Members:
Chairman Keith Goehner, Commissioner, Chelan County
Vice -Chairman Dale Snyder, Commissioner, Douglas County
Tony Veeder, Council Member, City of Wenatchee
Wayne Barnhart, Council Member, City of East Wenatchee
Phil Mosher, Chief, Chelan County Fire District #6, RiverCom 911 Operations Group
RiverCom 911: Administrative Board Meeting —October 10, 2012 Page 6
19
CITY OF EAST WENATCHEE
9
October 23, 2012
East Wenatchee City Hall
27191h Street
East Wenatchee, WA 98802
Dear Mayor Lacy:
NOV 01 2012
RECEIVED
By :.1.--
I am writing as a citizen of East Wenatchee to all council members and the Mayor in
regards to the City Council meeting on October 23, 2012 about the discussion on the
noise ordinance and the handling of this procedure. The issue of the noise ordinance is
an obvious attempt to (shut down) the Chelan/Douglas Relay for Life.
I am very concerned on the handling of this process as it seems that Councilwoman
McCourt has brought it in front of the City Council on her own behalf. It appears that
she is using her position to get her own agenda accomplished without the other council
members looking into the whole issue. I know it was said at the meeting that it doesn't
matter the event or reason for changing the ordinance, but from what is happening I do
not believe that is the case. It seems like the city council should be looking into the
Relay for the sake of the public, not just for the position of the one member who has
brought it to the council.
I have been involved in Relay for Life for over 10 years and know that it has been at
Eastmont High School for over 20 years. Up until 2 years ago we have never had the
problems that have arisen since a new neighbor moved into the area of Eastmont High
School. Some of those problems include an individual dropping nails and screws on the
ground in front of the entrance way to cause damage to property. The City Council
needs to know that the reason the issue was brought to the school board was not to get
the noise controlled but to have our event removed from the facility completely. It was
stated that if that did not happen they were going to go back to the City Council to get
an ordinance to ban all overnight events in the city limits. I believe the City Council
needs to know there is more important information than what is being communicated
to the City Council.
I was very concerned with some of the comments and ideas that were being said at the
meeting. If you do not know about the event, how can statements and comments can
t
• be made without more information? The one comment that really stuck out was by
Council member Johnson. He said that kids should not be out or at the track between
11pm and 7 am. These kids and students are there to remember family members that
have lost their battle with cancer or to celebrate the ones that have won their fight.
They are there to help raise awareness and funding to help more people celebrate
birthdays. The public takes our event very seriously as we have over 700 registered
participants and over 200 participating survivors. These numbers do not include
numerous non -registered participants that come to the event. Just last year our event
raised over $140,000 that goes to programs and resources in our communities along
with helping fund research. The main point that should be noted is that we are a one
night a year event (always on Friday), not a continual monthly or weekly event. An all-
night Relay for Life is not exclusive to the Chelan/Douglas community. There are over 4
million people in over 20 countries that take part in this global event. I do feel the City
Council needs to look at getting more information than just Mrs. McCourt's.
am informing all involved that myself, along with other citizens and participants will be
speaking at the next City Council meeting. We are also putting a letter in the newspaper
letting the community know what is going on in regards to our event. This way they can
• also participate in the City Council meeting. Letting you all know what exactly goes on
and correcting some of the inaccurate information that has been mentioned.
From a East Wenatchee Citizen
Marcia Maloney
292 N Joseph Ave
East Wenatchee, WA 98802
0
•
•
CITY OF EAST WENATCHEE
Nov 0 9 2012
REC D
Isy:
Mayor Steve Lacy
300 Eastmont Ave
E Wenatchee, WA 98802
Mayor Lacy & members of City of E Wenatchee City Council:
Fran Maloney
292 N Joseph Ave
E Wenatchee, WA 98802
October 30, 2012
I am writing this letter concerning the Relay for Life Event that is held at Eastmont High School track field
in June.
First off, I am upset that the person who filed the complaint did not show up at the meeting to state his
case. It should have been removed from the docket. Secondly, Sandy McCourt should not have been
allowed to speak on this issue from her seat as council member. This is a large conflict of interest and
never should have been allowed. The person who filed the complaint had already gone to the school
board and it was dismissed. Since he has lived there he has complained about the football games, and
other school activities, for being to noisy. He has only lived there for a few years, and Relay for Life has
used the facility for over 20 years, and the school has been there a lot longer. If it bothers him so much
why can't he (and the McCourts) go somewhere on that one Friday a year. That's seems like it would be
a very easy solution if it is such a problem to these people. This location has been used for years by
various clubs, and organizations, because of the security( with fencing and gates) plus the location and
availability.
There was, also, an incident last year where an unknown person put tacks and nails in the entrance to
the track to actually do damage. I don't know who did it but it does seem rather suspicious that it
happened at the same time this individual was calling the police department with multiple complaints
from the time Relay for Life was setting up getting organized and started.
Relay For Life is a community event. It is not an event for a limited group, it is for everyone, survivors of
cancer, family members of cancer victims, and anyone that has been touched by this horrible disease in
some way or another. If you have never come down just to walk the track on Friday night or Saturday
morning you really need to. It is both amazing and touching to see the representation by so many
people -no matter age, color, or gender. Young children make cookies and trinkets to sell, teenage boys
dress up as girls to have pictures taken for a fee, kids pushing wheelchairs for the elderly that have
gotten tired walking the track. These young people donate their proceeds to Relay for Life. It is really
and truly amazing to see this. Some people don't understand the dedication, but if you people would
take the time to walk the track for just a little bit and see what it represents and does for the community
• you would be impressed. The whole community sponsors this event. It doesn't count the individual
groups and business that set up tents and stays all night( I have attached a list of those participants that
sponsor & set up tents). It starts with a cancer survivor walk that honors the people that have beat the
disease. There are off duty police officers there for security purposes, and everything quiets down for
the time of the noise curfew. This is reinforced by the committee members of Relay for Life and the
officers.
Last year I believe there were approximately 200 of us that started the walk. Then when night comes,
there are lighted candles and a silent walk remembering all the friends and family that cancer has taken
away from us. This event has I am surprised and shocked that the City Council didn't stop this before it
got this far.
I will see you at the next meeting to express my feelings. Thank you.
Sincerely,
11�JAQ-- AS�
Fran Maloney (509)670-8116
• Cc: Wayne Barnhart, Chuck lohnson,Harry Raab ,Frank Collings, George Buckner,
'fim Detering, Sandra McCourt
0
• List of Sponsors: Goodfellow Brothers (they also do a raffle drawing for a Hawaii trip)
Soroptimist of Chelan
Wenatchee Valley Medical Center
Fred Meyer
Key Bank
Sea -Port Airlines
Olive Garden
Hearthstone Cottage
Colonial Vista
Valley Tractor & Rentals
Wenatchee World
Alcoa
Millgrandt Vineyards
Pacific Aerospace & Electronics
First Choice Collision
Associates in Physical Therapy
Waste Management
Dynamic Tints
Action Rentals
Food Pavillion
Les Schwab Tires
Cashmere Valley Bank
• All Seasons RV (donated use of a travel trailer for an office)
List of Tent Participants:
US Post Office
Holy Apostles Church
Les Schwab Tires
Cascade Auto Center
Walgreens
Stemilt
Wenatchee Valley Medical Center
Goodfellow Brothers
Wal Mart
Fred Meyer
Food Pavillion
Soroptimist of Chelan
Plus a few others I have forgotten
There, also, are a couple of coffee vendors that stay through the whole event. Plus East
Wenatchee Kiawanis sets up to fix dinner on Friday and breakfast Saturday morning.
CITY OF EAST WENATCHEE
NOV 13 2012
RECEIVED
By
MISAWA CITY HALL
1-1-38, Sakura-cho, Misawa City, Aomori Prefecture 033-8666, Japan
November 6, 2012
Honorable Mayor Steve C. Lacy
City of East Wenatchee
271 Ninth Street N.E.
East Wenatchee, WA 98802
Dear Mayor Lacy:
I hope this letter finds you in excellent health this late autumn. The weather this
autumn has turned chilly and the changing leaves have turned our mountains in the
Tohoku Region many beautiful colors.
We have learned through an email, lightning caused a forest fire in the Wenatchee
Valley. I imagine the fire must have frightened many residents in the area. I would like
to offer my heartfelt sympathy to the residents of Wenatchee Valley.
Upon returning to Misawa, our delegates informed me the fire is still smoldering in
some areas and the smoke has affected the visibility in the area. I am relieved to hear no
one was injured during the fire and no homes were lost, and it would not have effects on
the daily life of the citizens.
Thank you for your warm welcome given to the Misawa Sister City Delegation
during their stay under such circumstances. Our delegates spent a memorable time
flying in a Cessna Aircraft and visiting an apple factory. At the same time, they felt the
human interact over the past few decades has contributed to making a strong bond and
friendly relationships. The delegate members suggested me, to extend future economic
exchanges.
Once again, I have decided to visit Wenatchee Valley with our delegates next year.
Best wishes to you, your family and the citizens of Wenatchee Valley. I hope you all
enjoy continued health and happiness.
Sincerely,
Kazumasa Taneichi
Mayor of Misawa City
RIVERCOM 911
• RiverCom Administrative Board
Wenatchee City Council Chambers, 129 South Chelan Avenue, Wenatchee, WA 98801
Meeting Minutes
Wednesday, October 10, 2012
DRAFTAdministrative Board Members Present:
Keith Goehner, Commissioner, Chelan County (Chairman)
Dale Snyder, Commissioner, Douglas County (Vice -Chairman)
Tony Veeder, Councilmember, City of Wenatchee
Wayne Barnhart, Councilmember, City of East Wenatchee
Phil Mosher, Operations Representative, Chief, Chelan County Fire District #6
Ex-Officio Members Present:
Tom Robbins, Chief, Wenatchee Police Department
John Wisemore, Undersheriff, Chelan County Sheriff's Office (Substitute for Brian Burnett)
RiverCom Personnel Present:
Criselia Grupp, Administrative Services Manager
Jerry Corder, IT Manager
Josh Humphrey, Radio Systems Technical Manager
Staci Engler, Confidential Administrative Assistant
Others/Audience Present:
Dee Gutierrez, RiverCom 911
Jim Brown, Wenatchee Police Department
Juan Sanchez, Douglas County
Dennis Matzen, Athena Networks
CALL TO ORDER:
Chairman Goehner called the meeting to order at 9:00 AM. Dee Gutierrez led the Pledge of
Allegiance. Chairman Goehner welcomed those present; attendees introduced themselves.
APPROVAL OF AGENDA:
The agenda was approved as presented.
A re -formatted agenda was provided to the Board for consideration. It was the consensus of
the Board to use the new agenda as presented starting at the next meeting.
APPROVAL OF MEETING MINUTES AND VOUCHERS:
The following items were presented to the Board for approval:
• Meeting Minutes for September 12, 2012
• September Payroll and Benefits in the amount of $251,909.75
• Accounts Payable Vouchers in the Amount of $241,785.07 for October 10, 2012.
RiverCom 911: Administrative Board Meeting —October 10, 2012 Pagel
4ilr
SPECIAL
POINTS OF
INTEREST:
• President's
message
• Wenatchee
World Article
• Welcome
reception
speech from
Mr. Yamamoto
• Pictures from
the August
delegation trip
•
to Misawa
A note from
the editor
• WVMSCA
Business
Members
ANNUAL
MEETING
Thursday
November 8th
7:00pm
John & Pauline
Sweeney home
(boardmember)
142 Springhill
(off 31 st)
E. Wenatchee
•
A message from your president
Dear Sister City Supporters,
This has been quite a year for
us! We have gotten back on
schedule with two visits from
Misawa Delegations and our -
summer trip to Misawa. The
Sister City relationship has
continued to be strengthened
by outstanding representa-
tives from both Misawa and
the Wenatchee Valley.
We've had great support
from local businesses as well
as our membership. Thanks
goes to Olive Garden for
excellent meals and service
both spring and fall. Thanks
to Fujiyama for hosting our -
Japanese guests this fall.
Thanks to Liberty Orchards
for their regular gifts of
Aplets & Cotlets. Thanks to
Town Toyota for always let-
ting us use vans to transport
our guests. Thanks to the
Cider Mill, Orondo, for tours
Trivia Quiz
and treats. Thanks to the
Wenatchee Valley Museum
for use of their great facility
and group sessions. Thanks to
the Wenatchee Wild for con-
tinued support. Thanks to
r r It
yw+'
NINO
JN
0
`► j i0j,
Sumo in training.
McDougal and Sons for tours
of their packing plant, Len
Pugsley especially. Thanks
to the Miss Veedol flyers for -
flying our guests over the
Valley, always a highlight of
their stays. Thanks to all the
families who have shared
their homes with Japanese
guests. And, thanks to the
hardworking Sister City
Board.
It is the efforts of volunteers
that keep our Sister City
Association active and vital.
This spirit of volunteerism is
very impressive to our
Japanese friends, yet typical
of the Wenatchee Valley. I
look forward to another
great year in 2013!
David Kelts
Imperial Palace, Tokyo
I . What is the name of the air base located in Misawa?
2. What is the name of the plane piloted in the first successful nonstop trans -Pacific flight landing
in East Wenatchee?
3. What is the official tree of Misawa?
4. Name one of the two people who completed the first successful nonstop trans -Pacific flight in
1931?
5. What is the average snowfall in Misawa each year?
6. Wenatchee has the Apple Blossom Festival each May. What is the name of the festival held in
the City of Misawa each August?
7. What year was the sister city relationship with Misawa established with East Wenatchee?
Trivia Answers: I. Hisawa Air Base. 2. Miss Veedol. 1. Pine. 4. Hugh Herdon or Clyde Pangborn. S. 140 Inches. 6. Misawa City Festival.
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I
•
•
E
Mr. Yamamoto's speech at the Welcome Reception at East Wenatchee City Hall
Dai
Buddah,
Kama-
kura,
Japan.
My name is Yaichi Yamamoto. I am
a Misawa City Council member. I
am serving as the group leader of
Misawa Sister City Friendship and
Goodwill Delegation. I brought
with me Mr. Susumu Nakanowatari,
Director of Misawa City Economic
Affairs Department, Ms. Masako
Yamamoto, a citizen representative
and Ms. Mayumi Miyako, a staff
member of Misawa's International
Relations Department.
We owe the friendship and
goodwill between Misawa and the
Wenatchee Valley to so many
people who have been playing
significant roles. I certainly hope
that our visit with you this time will
live up to their expectations, and
that it will be a fruitful one,
strengthening our relationship
further.
I wish to express my great respect
to East Wenatchee. You started,
and are continuing, your own
festival, the Wings and Wheels.
Any community is the stage for
each resident to play the
protagonists role in his/her life.
And we all live only once. The
future of a community depends on
the wisdom, passion, courage and
practice of each of its members
who call the community their home
and love it.
Each community member needs to
be keenly aware that he/she is part
of the source for vitalization of the
community, and needs to take
initiative with the spirit of
independence and self-help.
In this regard, the Wings and
Wheels festival serves as a linchpin
and the software for community
building as it provides the people
here with romanticism, adventures
and nostalgia for the history and
traditions of the community.
r_ -.._.
'Editor's Note by Jeril Hansen
I'll take a little literary liberty to share some
of my thoughts about the most recent
delegation trip to Misawa. I can do this
because #l. 1 went on the trip. And #2. 1
put the newsletter together this month so
there's no one to tell me I can't do it! So
maybe they won't ask me to do it again.....
Just let me say, if you have an opportunity
to go to Misawa, GO! It was one of the best
things I've done in my life. The friends made,
the sights seen, the sounds heard, the food
savored, was simply beyond anything I
imagined.
Visually, Japan was stunning and has been on
my bucket list of places to go for as long as I
can remember. To think I was able to stand
in front of the places I had only seen in
At the same time, the festival is a
place for communications where
people come together seeking
shared feelings. It's a place for
unification and solidarity between
senders and receivers of messages
that deliver humanity, sociality and
a sense of participation to the
people.
We, the Misawa Sister City
delegation, wish to learn from the
East Wenatchee festival, its
significance and the value underlying
the history and culture of the
Wenatchee Valley, and incorporate
what we learned into the
community building back in the City
of Misawa.
In closing, I wish for further
prosperity of the City of East
Wenatchee.. And I thank you in
advance for all the opportunities to
meet and become friends with as
many people as possible during our
stay here. Thank you.
photographs was simply overwhelming.
The people everywhere in Japan were all so
welcoming and kind. My homestay in Misawa
was with Ms. Yoneko Nakano. She owns a
karaoke school right next to her house. In the
evening, when we had some free moments, I
sang Elvis and Beatles songs with my new
Japanese friends whom I knew I would never
see again —so what did I have to lose. I was
just another American who can't sing! Wow,
could she sing though! It was a hoot!
For me, however, the best part of my trip was
my afternoon at one of their Elder care
homes. I know it sounds odd, but this has
been my work for over 30 years and to have
the opportunity to visit Sky care home was an
amazing opportunity. The residents and staff
PAGE 3
"The future of
a community
depends on
the wisdom,
passion,
courage and
practice of
each of its
members who
call the
community
their home
and love it."
were lovely. A 98 year old resident sang
a special song for me. It was so touching
and joyous! The hours went by too fast.
Life is to be
lived. Live it r i
well! Don't let '
another year �!
go by without
experiencing .y'•�
everything•M:ti►�,: 1,
Misawa and
Japan has to offer. Go! Go now! Find
your joy! Or invite one of the next
Misawa delegates into your home for a
few days. Lets give them what they gave
to us. JOY!
•
•
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