HomeMy WebLinkAbout10/23/2012 - City Council - City Council Meeting Agenda Packet•
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CITY OF EAST WENATCHEE
REGULAR COUNCIL MEETING AGENDA
OCTOBER 23, 2012 6:30 P.M.
ROLL CALL
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS
BUDGET ISSUES
Nick Gerde, Finance Director — Budget Committee Meeting Report
DEPARTMENT REPORT
Nick Gerde, Finance Director — 2013 Preliminary Budget
MAYOR'S REPORT
Transportation Benefit District
CONSENT CALENDAR
l . Consideration of Minutes — Regular Session, October 9, 2012
2. Consideration of Payables and Payroll
PUBLIC HEARING
3. 12-10-04 A public hearing regarding property taxes in the proposed 2013 East Wenatchee Budget.
(Steven C. Lacy, Mayor)
ORDINANCE
4. 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 (Nick Gerde, Finance Director)
5. 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. (Nick Gerde, Finance Director)
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. (Nick Gerde, Finance Director)
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. (Nick Gerde, Finance Director)
Continued on next page .........
In compliance kith the Americans ttith Disabilities Act, iit'you need special assistance to participate in this tneeting, please
contact the Citv Clerk at 509-884-9515. Notification 48 hottts prior to the meeting will enable the City to make reasonable
arrartgenzents to ensure accessibility to this meeting.
Pagel of 2
ACTION ITEMS
6. 12-09-07 Approval of an Employment Contract with Don McGahuey for services as City Engineer.
(Don McGahuey, City Engineer)
7. 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.
(Devin Poulson, City Attorney)
ADDED Approve Transfer of Waste Oil and Heating Equipment to the Eastmont School District.
(Devin Poulson, City Attorney)
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. (Don McGahuey, City Engineer)
DISCUSSION
9. 12-10-09 A discussion regarding updating the City's Noise Ordinance. (Devin Poulson, City Attorney)
COUNCIL REPORTS
ADJOURNMENT
In compliance kith the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the City Clerk at 509-884-9515. Notification 48 hours prior to the meetitzg will enable the City to snake reasonable
arrangements to ensure accessibility to this meeting.
Page 2 of 2
' CITY OF EAST WENATCHEE COUNCIL MINUTES OCTOBER 9, 2012
•
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CITY OF EAST WENATCHEE, WASHINGTON
REGULAR SESSION OF THE CITY COUNCIL CONVENED
MAYOR STEVEN C. LACY, PRESIDING
OCTOBER 9, 2012
6:30 P.M.
ROLL CALL
Mayor Steven C. Lacy
Councilmember Chuck Johnson - excused
Councilmember Wayne Barnhart
Councilmember Tim Detering
Councilmember Sandra McCourt
Councilmember George Buckner
Councilmember Frank Collings
Councilmember Harry Raab
EMPLOYEES IN ATTENDANCE
City Attorney Devin Poulson
City Clerk Dana Barnard
Police Chief Randy Harrison
Municipal Court Judge Chancey Crowell
Community Development Director Lori Barnett
City Treasurer/Finance Director Nick Gerde
Associate Engineer Brandon Mauseth
Executive Secretary Teresa Allen
Clerical Assistant Shawn Murison
PRESENTATION
Public Facilities District (PFD) Chairman Dustin Christensen introduced Attorney Pete Fraley who gave
an update of the process that took place regarding the PFD which included: amending the Interlocal
Agreement that formed the Public Facilities District with all jurisdictions; imposition of a voter approved
.01 % tax increase; appointment of new PFD Board; settlement agreement with parties involved in the
issuance of the bonds in 2008; and the sale of unrated bonds.
Town Toyota Center General Manager Mark Miller said the Town Toyota Center will continue to bring in
a variety of events.
PUBLIC COMMENTS
Mayor Lacy extended a special welcome to the Boy Scouts that were in attendance this evening.
Coast Wenatchee Center General Manager Hotel Freyda Stephens said she is aware of a proposed agenda
item this evening to terminate the Agreement for Services with the Wenatchee Valley Visitor's Bureau.
She said she hopes East Wenatchee would continue to realize that there is good value in joint marketing
the whole valley and asked if there is an opportunity that the City can hold off on making this decision,
giving the Visitor's Bureau time to prove that they have value to the Valley.
•v
CITY OF EAST WENATCHEE COUNCIL MINUTES OCTOBER 9, 2012
•
•
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DEPARTMENT REPORTS
Nick Gerde, Finance Director reviewed the Financial Report for the month of September 2012. He also
reviewed a list of budget amendments that will need to be considered prior to years end. He added there
will be a public hearing during the October 23, 2012, City Council meeting along with three options of an
ordinance regarding property taxes to be collected in 2013.
MAYORS REPORT
Mayor Lacy thanked David Keltz and Councilmember Sandra McCourt for all the time they spent serving
as tour guides for the visiting Misawa Sister -City Delegation during the Wings and Wheels Festival. He
also indicated his appreciation to Mayor Frank Kuntz of Wenatchee who also welcomed the delegation at
the Misawa Welcome Reception held last Thursday here at City Hall. Mayor Lacy said he had received a
letter from Mayor Taneichi expressing his appreciation for the welcome the Misawa delegation received
and also for the visit of our delegation to Misawa in August, lead by Councilmember Detering.
Mayor Lacy said the Professional Services Contracts with City Attorney Devin Poulson and City
Engineer Don McGahuey are not on the agenda tonight as they will be brought back at the October 23,
2012, Council meeting with the City Attorney and the City Engineer presenting Council with their own
contract.
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 Councilmember Buckner, second by Councilmember Raab, to
approve the Consent Calendar as presented. The motion carried, 6-0.
1. Consideration of Minutes — Regular Session, September 25, 2012
2. Consideration of Payables
i. 2012 Pavables — As of this date, October 9, 2012, Council does approve
check numbers 36740 through 36800 and 36690 in the total amount of
$105,149.00.
ACTION ITEMS
12-10-01 Interlocal Agreement between Chelan County, Dougals County, the City of East
Wenatchee, and the City of Wenatchee for purchase of real property, design and
construction of a Wenatchee Valley Regional Decant Facility (storm water facility).
Presented by: Brandon Mauseth, Associate Engineer
Council Action: A motion was made
Councilmember Detering, authorizing the
Agreement for design and construction of a
The motion carried, 6-0.
by Councilmember Barnhart, second by
Mayor to sign and execute the Interlocal
Wenatchee Valley Regional Decant Facility.
2
CITY OF EAST WENATCHEE COUNCIL MINUTES OCTOBER 9, 2012
• 12-10-02 Approval of an Agreement for Services between the City of East Wenatchee and the
Wenatchee Valley Visitor's Bureau.
Presented by: Steven C. Lacy, Mayor
Council Action: A motion was made by Councilmember Detering, second by
Councilmember Collings, authorizing the Mayor to sign a letter notifying the Wenatchee
Valley Visitor's Bureau that the City is terminating the Agreement for Services effective
January 15, 2013. The motion carried, 5-1. (Barnhart)
12-10-03 A Resolution of the City of East Wenatchee, Washington Adopting Standards of Indigent
Defense Services.
Presented by: Devin Poulson, City Attorney
Council Action: A motion was made by Councilmember Barnhart, second by
Councilmember Buckner, to adopt Resolution No. 2012-22, Adopting Standards for
Indigent Defense. The motion carried, 6-0.
RESOLUTION NO. 2012-22
A Resolution of the City of East Wenatchee, Washington, Adopting Standards for
Indigent Defense Services.
• COUNCIL REPORTS
The following reports/minutes were submitted in writing prior to the City Council meeting.
• Mayor Lacy — minutes from the Wenatchee Valley Transportation Council meeting held on
September 13, 2012.
• Councilmember McCourt — minutes from the Chelan Douglas Regional Support Network
Governing Board meeting held on September 10, 2012.
• Councilmember Raab — tally of telephone poll regarding implementation of car tab fees.
ADDITIONAL INFORMATION
City Attorney Devin Poulson — Memorandum — Transportation Benefit District.
ADJOURNMENT 8:10 p.m.
Dana Barnard
City Clerk
CJ
3
CITY OF EAST WENATCHEE
CHECK REGISTER
2012 PAYABLES
23-Oct-12
IECK NUMBERS: 36802-36805; 36840-36908
VOIDED CHECKS: 36780
DEPARTMENT/FUND
ACCOUNT NUMBER
AMOUNT
_ 0.00
0.00
663.71
_ 1,968.59
861.14
818.55
1,345.06
90.00
50.00
-
3,417.07
Current Expense Fund:
_
001 000 000
General Government Department
001 000 001
Legislative Department
001 000 110
Municipal Court Department
_ 001 000 120
001 000 140
001 000 141
001 000 142
001 000 151
001 000 160
001 000 151
001 000.180
City Clerk Department
Internal Services Department
Finance Department
Civil Service
Legal Service
Central Services Department
Police Department
001 OOP 210
14,805.20
Detention (Jail Services)
001 0 230
20,575.50
001 000 250
-
Engineering Services
001 000 315
80.00
Planning Department
001 000 580
922.11
Code Compliance Department
001 000 590
348.64
Agency Disbursements
001 001 000
36.00
45,981.57
lreet Fund:
NPDES
050 000 312-050 000 313
4,998.90
Street Maintenance
101 000 420
14,660.16
Street Administration
101 000 430
697.53
Street Construction
101 000 950
-
Street Fund Total
20,356.59
Other Funds:
Comm Dev Grants Fund
102 000 000
0.00
Library Fund
112 000 000
238.54
Stadium Fund
113 000 000
-
Drug Fund
114 000 000
-
East Wenatchee Events Board
117 000 000
11,686.88
Street Improvement Fund
301-000-000
43,554.75
St Imp Bond Redempt Fund #3
202 000 000
-
Other Funds Total
55,480.17
Grand Total All Funds
121,818.33
9 : I
Fund Transaction Summary
Invoice
Fiscais: 2012 - October -Second Pay October
001-000-110-
Sub -Department
$663.71
001-000-120-
Sub -Department
$1,968.59
001-000-140-
Sub -Department
$861.14
001-000-141-
Sub -Department
$818.55
001-000-142-
Sub -Department
$1,345.06
001-000-151-
Sub -Department
$90.00
001-000-160-
Sub -Department
$50.00
001-000-180-
Sub -Department
$3,417.07
001-000-210-
Sub -Department
$14,805.20
001-000-230-
Sub -Department
$20,575.50
001-000-315-
Sub -Department
$80.00
001-000-580-
Sub -Department
$922.11
001-000-590-
Sub -Department
$348.64
001-001-000-
Department
$36.00
050-000-312-
Sub -Department
$3,147.09
050-000-313-
Sub -Department
$1,851.81
101-000-420-
Sub -Department
$14,660.16
101-000-430-
Sub -Department
$697.53
112-000-000-
Library Fund
$238.54
117-000-050-
Sub -Department
$5,264.73
117-000-100-
Sub -Department
$82.73
117-000-105-
Sub -Department
$70.00
117-000-400-
Sub -Department
$6,269.42
301-000-000-
Street Improvement Fund
$43,554.75
Count: 24
$121,818.33
Execution Time: 27 second(s) Printed by EASTWENATCHEE\tallen on Page 1 of 1
East Wenatchee - Fund Transaction Summary
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City of East Wenatchee, Washington
2013 Preliminary Budget Worksheet By
Fund
2013 Prelim Budget Beginning
Add:
Less:
Balance
Budgeted
Budgeted
Jan 1, 2013
Revenue.
Expenditures
General Fund 1,777,852
6,3S4,313
7,109,392
Street Fund 25,071
727,300
712,296
CD Grants Fund 26,811
232,792
232,792
Library Fund 4,015
3,000
4,000
Hotel/Motel Tax Fund 7,147
36,000
36,000
Drug Fund 5,659
700
-
Criminal Justice Fund 14,213
14,600
-
•
Events Fund 14,659
121,360
125,400
Bond Fund 5,356
197,523
195,390
Sub -total from Operations
7,687,588
8,415,270
Street Improvements Fund 52,508
8,104,600
8,102,499
Capital Improvements Fund 776,093
636,699
1,042,792
Sub -total from Capital Projects
8,741,299
9,145,291
ER&R Fund 7,331
-
-
Total 2,716,715
16,428,887
17,560,561
Reconciliation Schedule:
Results from Operations Revenue
7,687,588
Expenses
8,415,270
Deficit
(727,682)
Allocation of Property Taxes to Capital
728,264
Adjusted Operating Surplus
582
Ending
Balance
Dec 31. 2013
1,022,773
40,075
26,811
3,015
7,147
6,359
28,813
10,619
7,489
54,609
370,000
7,331
1,585,041
H
ON of East Wenatchee. Washington
• 2013 Preliminary Budget Worksheet
Capital Projects SummarV - 2013
Estimated
Proiect Cost
Grant Road Overlay - Phase 2 486,732
Loop Trail 26,000
Eastmont Avenue Rebuild 5,988,068
9th Street Overlay 576,000
15th Street Overlay 322,000
Citywide Safety Program
11th Street Sidewalk Project
• 19th Street Canal Crossing
Decorative Wall Project - VMP
SWU Canyon A Project
SWU Retrofit Catch Basins
SWU Small Improvement Projects
WVSWP Decant Facility
250,000
353,700
100,000
30,000
335,000
150,000
100,000
75,000
Grant
Funding
343,426
---�93,504-
5,201,178
500,000
250,000
250,000
174,792
335,000 (A)
150,000 (A)
100,000 (A)
75,000 (A)
City
Funding
49,802
26,000
786,890
76,000
72,000
178,908
100,000
30,000
Total 8,792,500 7,472,900 1,319,600
Funding Sources for City Portion of Funding:
Current Property Taxes from 2013 Revenue Estimate 741,844
Current REET from the 2013 Revenue Estimate 172,000
Accumulated REET from Prior Years in Fund 314 405,756
1,319,600
(A) The four Storm Water Utility capital projects are funded by the Greater East Wenatchee Storm
• Water Utility. The City pays indirectly through the annual fee charged by the GEWSWU, costing
the City nearly $150,000 each year for its share of the fee charged to households and businesses
in the GEWSWU service area covering East Wenatchee and portions of Douglas County.
• CITY OF EAST WENATCHEE, WASHINGTON
2013 FINANCIAL BUDGET
2013 BUDGET ASSUMPTIONS AND HIGHLIGHTS
The City's Budget Committee develops and communicates the
budget assumptions that the City will use each year. Revenue is
primarily the responsibility of the Finance Director, who is a
member of the Budget Committee. Primary revenue estimates for
2013 include:
1. Thirteen sources of revenue for the City represent nearly
93% of the estimated operational revenue for 2013. They
include:
A. Sales and Use Tax
B. Property Tax
C. Utility Taxes
D. Storm Water Utility
E. Fines & Penalties — Court
F. State Portion — Court Revenue
G. Street Fuel Excise Tax
H.
I.
J.
K.
L.
Percent of
Amount
$2,797,000
1,558,300
8101000
3305600
330,000
310,000
Community Development Grant
Real Estate Excise Tax
Criminal Justice Taxes
Gambling Tax
Ops Rev
35.8%
19.9%
10.4%
4.2%
4.2%
4.0%
3.5%
3.0%
2.2%
2.0%
1.6%
Hotel/Motel Taxes 102 000 1.3%
2755000
2325000
172,000
1525500
125,000
M. Liquor Taxes 60,000 0.8%
N. Balance of Revenue Estimate 569,935 7.1%
Sub -total Operational Revenue 7,823.935 100.0%
2. Revenue for Capital Improvement Projects: Percent
of Total
O. Storm Water Capital Projects 786,260 4.8%
O. Street Imp Projects — Grants 6,638,108 40.4%
P. Transfers -Street Improvements 1,187,584 7.2%
Total 2013 Revenue Estimate $16,435,887 100%
• 2012 BUDGET ASSUMPTIONS AND HIGHLIGHTS
(continued)
3. Each revenue source was evaluated in consideration of a six
year receipt history, or shorter in the case of utility taxes and
street improvements/capital projects.
4. Monthly trends over the last five years and the nine months
of 2012 were studied, particularly in light of recent negative
economic trends, experience by other cities in our region,
and the continuing recession.
Departmental costs are the responsibility of each Department
Director. All other costs are the responsibility of the Finance
Director. Primary expenditure budget assumptions for 2012 costs
included the following:
1. Budget costs conservatively: No increases in operating costs
unless they can be substantiated and approved by the Budget
Committee for presentation to the City Council.
2. Department Capital Costs: Any budgeted costs for capital
need to be specifically budgeted and explained as to need.
3. The City currently has forty-nine employees. Compensation
for City employees not covered by either a collective
bargaining agreement or an employment agreement is based
upon the City's long-standing policy of wage parity. This
group consists of seven full-time and one part-time
employee.
4. The City Attorney, City Engineer and Municipal Court Judge
are compensated according to employment agreements. Two
contracted personnel staff the Events Department.
5. The collective bargaining unit agreements with the police
• department unions covering twenty-one employees expire on
December 31, 2013.
• 2012 BUDGET ASSUMPTIONS AND HIGHLIGHTS
continued
6. The collective bargaining unit agreement with Local 846-W
covering fifteen employees in the Street, Planning, Code,
Court, and City Clerk Departments expires in 2013.
7. Healthcare premiums, commercial insurance, detention costs,
RiverCom costs, and any other significant operating costs are
determined through communication, agreements or quotes
from those vendors.
Budgeted operating expenditure categories for 2013 include:
Percent
Amount
of Total
A.
Labor Costs $ 312705100
42.8%
B.
Benefit Costs 1,417,200
18.5%
C.
Jail Services — Detention 35000
4.6%
D.
Storm Water Utility Operations 315,300
4.1%
E.
Municipal Fees Court to State 310,000
4.1 %
F.
Rivercom 9-1-1 26200
3.4%
G.
Debt Service -Principal & Interest 195,400
2.6%
H.
Department Capital Expense 1771000
2.3%
I.
Storm Water Utility Charge 1485800
1.9%
J.
Muni Court Public Defense Costs 107,400
1.4%
K.
Balance of Operating Expenses 1,095,600
14.3%
Total Operating Expenses 7,649,000
100°
Budgeted capital expenditure categories for 2013 include:
L. Storm Water Utility Capital
766,300 7.7%
M. Street Improvements Capital
85102,499 81.7%
A. Capital Transfers & Other
1,042,762 10.5%
• Total Capital Expenses
9,911,561 1000
Grand total 2013 budgeted expenditures $17.560,561
• 2012 BUDGET ASSUMPTIONS AND HIGHLIGHTS
continued
Primary assumptions for capital costs for storm water utility, street
preservation projects, and street reconstruction projects, include
the following:
1. The principal source for these projects is the 6 year
Transportation Improvement Plan (TIP), which the City is
required to provide to the Washington State Department of
Transportation (WSDOT) each year in June.
2. Projects were selected from the Storm Water Utility
Coordinating Committee and the TIP based upon an
assessment of the highest needs in the City for the 2013
budget year, giving priority for those grant -funded projects.
Consideration was also given for the total number of projects
which the City could effectively manage during any given
year.
• 3. Projects scheduled for 2013
include:
Grant
City
Project Description
Funding
Match
Total
Canyon A SWU Project
$335,000
0
$335,000
Retrofit SWU Catch Basins 150,000
0
15000
Small Improvements
10000
0
100,000
WVSWP Decant Facility
75,000
0
7500
Grant Rd Overlay-Ph2
4361930
49,802
4865732
Loop Trail Enhancement
0
2600
261000
Eastmont Ave Rebuild
5,201,178
786,890
55988,068
9th Street Preservation
50000
7600
5765000
15th Street Preservation
2505000
725000
322,000
City-wide Safety Project
. 250,000
0
2505000
11 t Street Sidewalk
1745792
178,908
3531700
19th Street Canal Crossing
0
100,000
100,000
North Valley Mall Pkwy
0
30,000
30,000
Total $7,172,300
18
$1,319,600 $8,792,500
City funding of $1,319,600 will be satisfied with $741,844 from
2013 property taxes, $172,000 from 2013 real estate excise taxes,
and $405,756 from accumulated real estate excise taxes from prior
years. The four storm water utility projects will be fully funded
through the Greater East Wenatchee Storm Water Utility, which is
an agency owned jointly by the City and Douglas County.
Funding for the GEWSWU is provided through a fee charged to
residents and businesses in the GEWSWU service area, including
the City which pays nearly $150,000 annually in fees.
0
How many transportation benefit districts (TBDs) have enacted the car tab fee allowed under
state law, and what have the fees have been where they have been enacted?
The Washington State Department of Licensing's Local Transportation Benefit District
Fees webpage lists all of the TBDs (23) that collect a vehicle registration fee, along with
the amounts, and includes links to most of these district's information pages. MRSC's
Transportation Benefit Districts webpage also lists the districts that have adopted
vehicle license fees, with links to relevant documents. They have all been nonvoted
fees, adopted by the TBD governing body (the city council). And the Association of
Washington Cities has a Fact Sheet on this topic.
According to our records, there have been only a few elections to approve vehicle fees
over $20, and none of them have passed:
• The Seattle TBD's proposed $60 car tab fee failed in November 2011
• The Bremerton TBD proposal for an annual $30.00 vehicle fee was voted down
in the November 2009 general election. The TBD had just adopted a $20 vehicle
fee on December 7, 2011.
• The Burien TBD proposal for a $30 vehicle fee was voted down at the November
2009 election. The TBD subsequently adopted a vehicle license fee of $10
• • The Edmonds TBD proposal to raise its $20 vehicle fee to $60 was defeated at
the November 2010 general election.
0
J0
11
CITY OF EAST WENATCHEE
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
40 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 governing 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.
• Page 3 of 3
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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.
• Page 4 of 4
C:`,Users\dbamardWppData\Local\Microsoft\Window\T=pormyIntemetFiles\ContrntOudookUGIRG3UE\12-10-01Memoto Council Transportation
Benefit District.docx
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 $20 fee is not
projected to be sufficient to fund any capital project(s) 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.
Page 5 of 5
C:�Users\dbamard\WppData\Local\Microsoft\Windows\Temporary Internet Files\Cont®LOudook'IGIRG3UE\12-1"1 Memo to Council Transportation
Benefit District.docx
9/25/2012 Answers to my phone calls regarding car tab fees
1 -
Katherine & Harold Bowers
Yes
2 -
Gordon ST. Germaine
Yes
--mixed feelings--- How can we charge bicyclers?
3 -
Fred Lee
No
-- wants a vote of the people. Don't ask state or
feds for dollars; they have empty buckets.
4 -Mike
Sofie
Wants a vote of the people. One tab per
household. Not happy we put on utility taxes.
5 -
Jerry Lucas
No
-- Was told we don't do dead end streets
6 -
Dick Brender
Yes
7 -
Thomas Allen
Yes
8 -
Cameron Iwaasa
Yes
9 -
Robert Patterson
Yes
Doesn't want it to last forever.
10
- Don Fager
Yes
11
- Len & Debra Anderson
No
12
-Shirley Archer
No
Spend dollars more frugally.
13
-Gerald &Janet Baker
Yes
Will cost us more if we don't repair streets.
14
- Bill Balsom
Yes
15
- Mrs. Donald Ball
Yes
would like 7th St. repaired ( 356 7th st.)
16
- Clyde Ballard
Yes
Doesn't like taxes but feels we are trying
not to blow money. Very pleased the
way the city is run.
17
-John Bane
Yes
18
- Pat Cass
Yes
19
- Ettore Castellente
Yes
Very happy with E.W. employees &
snow removal. Put these dollars where
we say they are going: Residential
Streets.
20
- Janette Cate
Yes
808 N Iowa needs repair.
21
-Charlene Cave
Yes
22
- Cheryl Davis
No
23
- Francis Dawson
Yes
Doesn't like raising taxes but streets need
repair.
24
-Stanley Delzer
Yes
25
- Lynn Dickinson
Yes
26
-Gene Dodd
No --
626 N. Keller Culvert needs cleaning
other problems.
27
- Gloria Waits
Yes
--- No more.
28
- June Huber
No
29
- Chuck & Jacque Rinker
Yes
30
- Donald & Cheryl Hatch
No
31
- Gerald Chapton
No
Not the right time. Utility tax was supposed to
provide the dollars needed.
32
- Chester Collins
No
Senior on social security --- husband with
cancer.
33 - Mrs. Larry Cromer
Yes
•
34
- Mrs. George Critchell
Yes
35
- Brian Crossley
Yes
36
- Jason Crossley
Yes
Some side streets pretty bad.
37
- Cindy Curtis
Yes
38
- Bob & Vera Curtis
Yes
39
- Diane Barger
No
Everybody is hurting in this economy.
40
- Mrs. Richard Dahl
No
41
-Bradi Dahmen
Yes
42
- J.E. D'Amico
Yes
43
- Edward Darcy
Yes
-- Not permanently please.
44
- Patty DeWitt
Yes
45
- Harry Denadel
No --
cannot afford it now, owes too much to other
people.
46
- Larry Derting
No
47
- Mrs. James Dooley
No --
multiple vehicles too expensive
48
- William Dodge
Yes
49
- M.A. Doherty
No --
not in this economy
50
- Gary Denabauer
No
51
- Mike Doneen
Yes
52
-Carla Duncan
Yes
-- for 3 to 5 years
53
- Jane Hensel
Yes
54
-Dale Lambert
Yes
55
-Steve & Paula Huylar
No -- 2 kids in college -- later please
56
- Brent & Sonja Ellington
No -
Cut spending & taxes until economy improves
57
-Bob Eller
Yes -
we need good streets
58 -Tom & Donna Ellis
Yes
59 -Gerald
& Darr Simmons
Yes
60 -Michael
Erho
Yes
61 -Sean
Silva
No
62 -Joan
Evans
No
63 -
Betty Fager
Yes
64 -Jan
Fancher
Yes
65 -
Evelyn Fisher
No
66 -Mrs.
Mike Francis
Yes
67 -Robert
Fries
Yes --
Very conservative but he knows many streets
off of Kentucky need fixing
68 -Floyd
&Violet Wybark
Yes
69 -Leila
Gambill
Yes
70 -
Delores Gant
Yes
71 -
Richard Garlini
Yes
72 -
Mrs. G.W. Garrett
No
73 -Donald
& Donna Gills
Yes --
need to maintain streets
74 -Oscar
75 -Dan
Godina
& Judy Greening
No
No --
cannot afford more
76 -Karen
Gregory
Yes
2-
. 77 -Jim Haglund
Yes
-- would like a time limit
78 -Jane Nagler
Yes
79 -Monte & Judy Olson
Yes
80 - Mike Hoff ner
Yes
-- if it isn't permanent
81 - Vera Hansen
No
-- cash strapped
82 -James Hankins
No
83 - Shirley Hartman
Yes
84 - Loreine Heck
Yes
85 -Joseph Huebel
No
86 -Margaret Huer
No --
knows it needs to be done but can not afford it
now
87 -Joan Hunter
Yes
88 -Juanita Insell
Yes
-- Baker needs repair
89 - Alan Jeffries
Yes
90 - Rhoda Jeffers
Yes
91 - Patty Jenkins
Yes
92 -Amy Johnson
Yes
93 -Charles Kahler
Yes
94 -Anna Margret Kelly
Yes
95 -Dave King
No --
We should live with -in our budget.
96 -James Kinney
No
97 -Richard Boone
Yes
• 98 -Ron Kirby
Yes
99 -Conrad Kuehl
Yes
100 - Molly Lain
Yes
101 -Gary Larson
Yes
102 - D J Lindblom
No
103 - Shirley Lindell
Yes
104 -Kevin Logsdon
Yes
105 -Phil Lopeman
Yes --
We did a bad job sealing the road cracks on
N.E. 12th near Grover.
106 -Richard Lucas
No --
disabled - wait for better economy
107 -Robert Mack
Yes
108 - E.J. Maguire
Yes
109 -John & Pat Malone
Yes
110 -Jim Rayburn & F. Maloney
Yes
111 - Paul Marker
Yes
112 -Marjorie Martin
Yes
113 -Joan McCarl
Yes
114 - Bryendo MsKerlie
Yes
115 - Sheri Monday
No
116 -Bill & Sharon Nance
Yes
117 - Mrs. Jerome Nelson
Yes
118 - Edward Norris
Yes
119 - Cheryl Olson
Yes
120 -Gary Osburn
Yes --
with time limit -- if still needed vote on it again
3.
• 121 - Lois Parks Yes
Mayor Lacy, Council members and anyone else who sees this report of responses I
got to my letter to the editor in the Wenatchee World.
I received 7 e-mails and I was able to talk to and get 121 East Wenatchee citizens by
phone. I included comments made by people I talked to as well as their support or
opposition to the car tab fee increase. I started at the front of the phone book and
phoned every number that had an East Wenatchee address.
If you have any questions regarding this report, please ask me. I will do my best to
explain what I did to get the information.
Councilman Harry Raab
2 Yes e-mails
5 No e-mails
• Total responses 128
YES = 88 69.2%
NO = 39 31.7%
0
q,
0
op
COUNCIL AGENDA BILL*
PRESENTER:
POSITION:
TITLE:
12-10-04
Steven C. Lacy
Mayor
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
AGENDA ITEM #
AGENDA DATE:
DEPARTMENT:
NOTICE OF PUBLIC HEARING
3
October 23, 2012
Legislative
The City of East Wenatchee will hold a public hearing regarding property taxes in
the proposed 2013 East Wenatchee Budget. This hearing will be held on Tuesday,
October 23, 2012 at East Wenatchee City Hall, 271 9th Street NE, East
Wenatchee, WA, with Council's regular scheduled meeting at 6:30 p.m.
BACKGROUND/HISTORY:
State Statute requires a public hearing be held to consider possible increases in property tax revenues prior
to the time the taxing district levies the taxes or makes the request to have the taxes levied.
EXHIBITS:
See Council Agenda Item 5., Council Agenda Bill #12-10-06 A-C
RECOMMENDED ACTION:
Hold Public Hearing
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$ N/A $ N/A $ N/A
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 1 of 1
1
SIGN IN ONLY IF YOU WISH TO MAKE COMMENTS DURING THE PUBLIC HEARING
A PUBLIC HEARING
regarding property taxes in the 2013 East Wenatchee
Budget.
October 23, 2012
PRINT NAME SIGNA RE /-) p ADDRESS
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A
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
COUNCIL AGENDA 12-10-05
BILL #
PRESENTER: Nick Gerde Finance
Director
AGENDA ITEM
AGENDA
DATE:
DEPARTMENT:
October 23, 2012
Finance
TITLE:
An Ordinance of the City of East Wenatchee, Washington, amending Ordinance Number
2011-14 which set the East Wenatchee Budget for 2012.
BACKGROUND/HISTORY:
The State Auditor requires Cities to insure that the City Council provides an adequate
appropriation by fund to support spending during each budget year. Consequently, when
the original spending plan changes significantly, budget amendments must be considered
and approved by the Council through an ordinance amendment.
The Council considers budget amendments each year based upon input from the Finance
Director and Budget Committee, and upon actions the City has taken during the year
which changed the original spending plan and associated impact on the original
appropriation. Action is hereby required to amend the 2012 Annual Budget.
EXHIBITS:
Listing of Budget Amendments
Proposed Ordinance
RECOMMENDED ACTION:
First Reading of the Ordinance
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$ 294,500 $ 294,500 $ (14,000)
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)
t Di 0{ eA eo abe d-
ra
Page 1 of 1
T(41AS"WENHE CI_,E
NICK A. GERDE, FINANCE DIRECTOR
271 9111 STRL-'ET NE EAST WENATCHEE, WA 98802
s PHONE (509) 886-4507 FAX (509) 886-6109
October 9, 2012
To: Mayor and City Council
Subject: Proposed 2012 Budget Amendments
Based upon certain financial events during 2012 and a review of
expenditures so far this year, please be aware that the following changes
will be included for Council consideration in a 2012 Budget Amendment
1. Street Fund Capital: Project at Webster Court/Avon Court/15
Street/16th Street. Total cost of approximately $25,000 for filling and
chip seal.
Transfer $25,000 from the Capital Improvements Fund to the Str Imp
Fund and add $25,000 to the Expenditure Budget of the Str Imp Fund.
2. City Hall Roof Study — General Fund Central Services: Cost for an
engineering study to determine the scope of a corrective solution.
Total cost of $5,000.
Add $5,000 to the GF Expenditure Budget Central Services and reduce
estimated ending fund balance.
3. Newsletter Printing & Mailing Costs — General Fund Legislative:
Costs for two issues of the Newsletter during 2012 totaled $8,500.
Add $8,500 to the GF Legislative Expenditure Budget and reduce
estimated ending fund balance.
4. Criminal Justice/General Fund Criminal Justice Sales Tax Allocation:
Allocation to the Criminal Justice Fund of $25,000 to support the
purchase of a police vehicle.
Reduce revenue in the GF and add to the CJ fund by $25,000
Reduce CJ High Crime revenue from $14,000 to zero.
5. City Theme in Events Department's Budget move to General Fund
Central Services to support cost of South end City sign: Budget
amount $10,000.
Reduce Expenditure Budget in the Events Fund and Increase
Expenditure Budget in the GF Central Services by $10,000.
6. General Fund Central Services: Budget an additional $17,000 to
support the $27,000 estimated cost and installation of the sign.
Add $17,000 to the GF Central Services Budget and reduce estimated
ending fund balance.
7. Street Fund Labor & Benefits: Budget an additional $10,000
compensation and $1,000 payroll taxes for the retirement cost of a
retired employee.
Add $11,000 salary & benefits costs to the Street Fund and allocate
revenue from the GF to the Street Fund
8. General Fund Law Enforcement Labor & Benefits: Budget an
additional $142,000 compensation and $11,000 payroll taxes for the
retirement cost of three police officers and one records specialist.
Add $153,000 salary & benefit costs to the Law Enforcement Budget in
the GF and reduce estimated ending GF fund balance.
9. Street Fund Labor & Benefits: Shortfall in labor budgets to finish
2012 requires an estimated labor budget increase of $50,000 and
associated benefit increase of $25,000.
Add $75,000 salary & benefit costs to the Street Fund and allocate
revenue from the GF to the Street Fund.
Funds impacted by these changes include the General Fund, Street
Fund, Criminal Justice Fund, Events Fund, Street Improvements Fund
and Capital Improvements Fund
These aforementioned budget items will result in the following impacts on
the 2012 budget:
1. $47,000 in additional capital spending;
2. $247,500 in additional operating expenditures;
3. $25,000 in a revenue transfer between funds; and
4. $10,000 in an expenditure budget transfer between funds.
Consider that much or most of the monies for these budget amendments
has already been spent. Approximately $122,000 involves new utilization
of cash resources. Once budgeted, I will recalculate the impact on the
previously estimated carryover amount at the end of 2012.
A
Nick Gerde
Finance Director
Listing of Additional Budgeted Expenditures of $294,500 for 2012:
1. $5,000 for a City Hall Roof Study
2. $8,500 for the new City Newsletter
3. $17,000 for additional estimated costs of a City Sign
4. $142,000 for labor and $11,000 for benefit costs of retiring police
personnel.
5. $10,000 for labor and $1,000 for benefit costs of a retiring street
employee
• 6. $75,000 for Street Fund labor and benefits for the remainder of 2012.
7. $25,000 for the Webster Court Vicinity Residential Street
Improvements.
•
COUNCIL AGENDA BILL #
PRESENTER:
POSITION:
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
12-10-05
Nick Gerde
Finance Director
AGENDA ITEM #
AGENDA DATE:
DEPARTMENT:
4
October 23, 2012
Finance
TITLE:
An Ordinance of the City of East Wenatchee, Washington, amending Ordinance Number 2011-14
which set the East Wenatchee Budget for 2012.
BACKGROUND/HISTORY:
The State Auditor requires Cities to insure that the City Council provides an adequate appropriation
by fund to support spending during each budget year. Consequently, when the original spending
plan changes significantly, budget amendments must be considered and approved by the Council
through an amendment.
The Council considers budget amendments each year based upon input from the Finance Director
and upon actions they have taken during the year which changed the original spending plan and
associated impact on the original appropriation. Action is required to amend the 2012 Annual
. Budget.
EXHIB
P ro Do;
RECOMMENDED ACTiOlwd
/
Elevate the Ordinance to reading.
FINANCIAL DATA:
Expenditure Required Amou udgeted Appropriation Required
$ None $ ne $ None
ACTION TAKEN:
Motion Made By: Second B .
Councilmember B mmer Councilmemb r Raab
Council memb Johnson Councilmember Buckner
CounciIme er McCourt Councilmember Hendricks
• Council ember Barnhart
Passed Failed: Mayor Lacy (in case of tie)
Page 1 of 1
•
•
ORDINANCE NO. 2012-
An Ordinance of the City of East Wenatchee, Washington, amending Ordinance
Number 2011-14 which set the City of East Wenatchee 2012 Budget.
1. Recitals
a. Preamble. 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
amend Ordinance Number 2011-14, which set the East Wenatchee Budget for
2012.
b. Authority.
i. RCW 35A.11.020 authorizes the City to adopt ordinances that regulate its
municipal affairs and that are appropriate to the good government of the
City.
ii. RCW 35A.33.120(4) and RCW 35A.34.200(1)(d) authorize the City to
amend its budget when it receives funds in excess of estimated revenues.
c. Background.
i. On December 13, 2011, the City Council passed Ordinance Number
2011-14, which established the East Wenatchee Budget for 2012.
ii. The City now finds it necessary to amend its 2012 budget.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
Section 1:
Section 2:
Fund
General Fund
Street Fund
Purpose. The purpose of this Ordinance is to act in the best interests of the City
by amending the East Wenatchee Budget for 2012.
Amendment. This Ordinance amends Ordinance 2011-14, enacted on December
13, 2011, as follows:
Previous
Appropriation
8,475,094
749,014
Criminal Justice Fund 34,229
Amended
Appropriation
8,364,148
835,014
45,229
Street Improvements Fund 2,525,243 2,550,013
Section 3: Final Appropriations. The final appropriations for the City of East Wenatchee as
provided for in Ordinance Numbers 2011-14, as amended by Section 2 of this
ordinance, are as follows:
Estimated
2012
Beginning
Estimated
Amended
Fund
Fund
2012
Fund
Balance
Revenue
Appropriation
Current Expense Fund
1,305,039
7,059,055
8,364,418
Street Fund
37,014
798,000
835,014
Community Developments Grant Fund
27,752
201,478
229,230
Library Fund
5,023
3,000
8,023
Hotel/Motel Tax Fund
16,878
47,000
63,878
Drug Fund
5,068
1,000
6,068
Criminal Justice Fund
6,979
38,250
45,229
Events Fund
6,527
180,850
183,377
Bond Redemption Fund
9,764
192,639
202,385
Street Improvements Fund
45,535
2,054,478
2,550,013
Capital Improvements fund
884,340
200,000
1,084,340
Equipment Repair & Replacement Fund
7,331
7,331
•
Total
2,357,232
10, 775, 750
13,132, 982
Section 4: Instructions to Treasurer. The City Council authorizes and directs the
City Treasurer to effectuate the transfers and changes set forth in Section
2.
Section 5: 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 6: 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 7: Effective Date. This Ordinance becomes effective five days after the date its
summary is published.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on the 23th
day of October., 2012.
2
CITY OF EAST WENATCHEE,
WASHINGTON
•
Steven C. Lacy, Mayor
ATTEST:
Dana Barnard, City Clerk
APPROVED AS TO FORM ONLY:
Devin Poulson, City Attorney
• FILED WITH THE CITY CLERK: 10/17/12
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
40
SUMMARY OF ORDINANCE NO. 2012-
OF THE CITY OF EAST WENATCHEE, WASHINGTON
On the 23th day of October, 2012, the City Council of the City of East Wenatchee, Washington,
passed Ordinance No. 2012- A summary of the content of said ordinance consisting of
the title, provides as follows:
An Ordinance of the City of East Wenatchee, Washington,
amending Ordinance Number 2011-14 which set the City of East
Wenatchee 2012 Budget.
DATED this 23th day of October, 2012.
Dana Barnard, City Clerk
•
is
4
.7
0
0
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:
5
October 23, 2012
Finance Department
TITLE: 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.
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 City is allowed in increase its property tax levy by any amount of previously banked
capacity which may have resulted by not increasing property tax by the allowable 1 %.
• 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 I % 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 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
•
exceeds the 1 % limit (the IPD was 1 .295%). 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: First Reading of the proposed ordinance.
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$ 0 $ 0 $ 1,542,997
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 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%).
0 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.
9
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.
V
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
iApproved as to form only:
•
Devin Poulson, City Attorney
Filed with the City Clerk: 10/17/12
Passed by the City Council:
Published:
Effective Date:
ORDINANCE NO. 2012-
Page 3 of 4
•
•
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
L�
•
COUNCIL AGENDA BILL # 12-10-06 B
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
AGENDA ITEM # 5
PRESENTER: Nick Gerde AGENDA DATE: October 23, 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 $1558,340.19.
Page 1 of 2
9
•
4. 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
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: First reading of the proposed ordinance.
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$ 0 $ 0 $ 1 ,558,340.19
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 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
ORDINANCE NO. 2012-
Page 1 of 4
•
•
•
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: PgMent. 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
40 Approved as to form only:
•
Devin Poulson, City Attorney
Filed with the City Clerk: 10/17/12
Passed by the City Council:
Published:
Effective Date:
ORDINANCE NO. 2012-
Page 3 of 4
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, 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.
Upon request, the City will mail a full text of this Ordinance.
0 Dated this day of , 2012.
CITY CLERK, DANA BARNARD
ORDINANCE NO. 2012-
Page 4 of 4
0
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
COUNCIL AGENDA BILL* 12-10-06 C
PRESENTER:
POSITION:
Nick Gerde
Finance Director
AGENDA ITEM* 5
AGENDA DATE: October 23, 2012
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, an increase of $85,567.25 in the
regular property tax levy resulting from previously banked capacity 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 any amount of previously banked
capacity which may have resulted by not increasing property tax by the allowable 1 %.
• 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, the allowable
additional 1% increase limit, and banked capacity. These materials were also provided at
the Public Hearing held on October 23, 2012
2. The Assessor's communication also referred to the possible availability of banked
capacity.
3. The City is also allowed to collect previously banked property 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 $85,567.25. 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
1�1
•
•
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.
S. 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: First reading of the proposed ordinance.
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$ 0 $ 0 $1 ,644,763.03
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 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, 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;
iii. 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
ORDINANCE NO. 2012-
Page 1 of 4
• property, in order to discharge the expected expenses and obligations of the
City.
vu. 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
0 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
ORDINANCE NO. 2012-
Page 2 of 4
• Section 8: Effective Date. This Ordinance becomes effective five days after the date its
summary is published.
L�
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 , 2012.
By
Steven C. Lacy, Mayor
ATTEST:
Dana Barnard, City Clerk
Approved as to form only:
Devin Poulson, City Attorney
Filed with the City Clerk: 10/17/12
Passed by the City Council:
Published:
Effective Date:
ORDINANCE NO. 2012-
Page 3 of 4
. Summary of Ordinance No. 2012-
0
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
COUNCIL AGENDA BILL #
PRESENTER:
POSITION:
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
12-09-07
Don McGahuey
Public Works Director
TITLE:
Employment Contract with City Engineer.
AGENDA ITEM* 6
AGENDA DATE: October 23, 2012
DEPARTMENT: Public Works
BACKGROUND/ HISTORY:
Changes to contract include:
Section 7, subsection a. Compensation - Salary increase by 2.5%
Added "or Step Plan adjustment"
EXHIBITS:
Employment Contract
RECOMMENDED ACTION:
Authorize the Mayor to sign the contract.
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
N/A N/A N/A
ACTION TAKEN:
Motion Made By:
Councilmember Collings
Councilmember Johnson
Councilmember McCourt
Councilmember Barnhart
Passed: 7] Failed:
0
Second By: _ ni( ry I I
Councilmember Raab
Councilmember Buckner
Councilmember Detering
Mayor Lacy (in case of tie)
Page 1 of 1
• Employment Contract
1. Parties. The Parties to this Employment Contract ("Agreement") are the City of East
Wenatchee ("City") and Donald L. McGahuey ("Engineer").
a. The Ci
i. The City is a municipal corporation organized under the laws of the State
of Washington.
b. En ig neer
i. Engineer is a licensed engineer in the state of Washington.
2. Effective Date of Agreement. This Agreement is effective January 1, 2013.
3. Recitals.
a. The City hired Engineer as an employee on March 15, 2010.
b. The City desires to provide certain benefits, establish certain conditions of
employment and to set working conditions of the position of City Engineer;
c. The City desires to secure and retain the continued services of the City Engineer to
remain in such employment, to make possible full work productivity by assuring
Engineer's morale and peace of mind with respect to future security and to provide a
just means for terminating Engineer's services at such time as Engineer may be
unable fully to discharge his duties or when the City may desire to otherwise
terminate employment.
40 d. Engineer desires to accept continued employment as City Engineer for the City of
East Wenatchee.
e. This Agreement supersedes and replaces all prior contracts for employment between
the City and Engineer.
4. Agreement to Employ. The City agrees to employ Engineer as City Engineer 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 January 1, 2013 through December 31, 2014. During
the term of this Agreement, Engineer shall not perform engineering services for any other
individual, company, or entity.
6. Hours. Engineer agrees to work for the City a minimum of 1,500 hours per calendar
year. Engineer shall schedule his hours in such a manner to ensure that his duties as an Engineer
will be fulfilled and that the business of the City is not disrupted. As approved by the Mayor,
Engineer shall establish a set schedule of hours he will work each month.
7. Compensation.
a. Salary. The City agrees that Engineer's compensation in shall be $77,154.24
annually, subject to any cost of living adjustment (COLA) or Step Plan adjustment
received by other management and administrative employees of the City. Engineer
shall report his hours to the City as often as required by the City.
Page 1 of 4
\\ewsbsI 1\usd$\dmcgahuey\My Documents\Word\City Engineer 2013-2014.docx
b.
Work -related Expenses. The City will reimburse Engineer for reasonable and
•
customary expenses actually incurred in connection with the business of the City,
including food, lodging, and travel expenses while away from the City, provided that
prior arrangements are made with the Treasurer.
c.
Professional Development. The City agrees to budget and pay reasonable expenses
for professional dues, subscriptions, training and travel required for Engineer to meet
the requirements imposed by the Washington State Board of Registration for
Professional Engineers and Land Surveyors to maintain his license to practice
engineering in good standing.
d.
Medical Insurance. The City will maintain a group medical insurance policy and shall
pay 87% of the premiums for Engineer and for Engineer's spouse or first dependent.
Engineer shall pay the remaining 13% of the premiums for Engineer and for
Engineer's spouse or first dependent. Engineer shall pay 100% of the premium for
additional dependents.
e.
Dental Insurance. The City will maintain a group dental insurance policy and shall
pay 87% of the premium for Engineer and for all his dependents. Engineer shall pay
13% of the premium for Engineer and for all his dependents.
f.
Orthodontia Insurance. The City will maintain a group orthodontia insurance policy
and shall pay 87% of the premium for Engineer and for all his dependents. Engineer
shall pay 13% of the premium for Engineer and for all his dependents.
g.
Vision Insurance. The City will maintain a group vision insurance policy and shall pay
87% of the premium for Engineer and for all his dependents. Engineer shall pay
13% of the premium for Engineer and for all his dependents.
• h.
Long Term Disability Insurance. The City will maintain a group long-term disability
insurance policy and shall pay 87% of the premium for Engineer. Engineer shall pay
13% of the premium for Engineer.
i.
Vacation. Engineer shall not accrue any vacation leave and shall work without
regard to such leave.
j.
Sick Leave. Engineer shall not accrue any sick leave and shall work without regard
to such leave.
k.
Holidays. Engineer is not entitled to paid holidays and shall work without regard to
such leave.
0
1. Jury and Witness Leave. The City shall grant Engineer 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.
in. Administrative Leave. The City may place Engineer 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.
n. Equipment. The City shall provide Engineer an office in City Hall and the tools and
equipment necessary to perform his duties.
8. Duties. Engineer shall perform all duties of the City Engineer as set forth in the
approved job description and other duties as may be assigned from time to time by the Mayor.
Page 2 of 4
\\ewsbsl l\usd$\dmcgahuey\My Documents\Word\City Engineer 2013-2014.docx
• 9. Termination.
a. By City. If the Mayor elects to terminate Engineer, each termination shall be subject
to the following condition: Engineer shall be given not less than 30 days prior notice
of the intent to terminate him, or 30 days severance pay at the option of the City.
b. By Engineer. If Engineer elects to terminate his employment with the City,
Engineer agrees that he shall 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 Engineer. If a replacement is found who is
able to commence employment prior to the expiration of the 30-day, the City may
terminate Engineer prior to effective date provided in the 30-day notice.
10. Performance Evaluation. The Mayor shall evaluate Engineer's performance on or
before August 14, 2013 and then at least once every 12 months thereafter.
11. 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 Engineer in his individual capacity or in his official capacity, provided the
incident arose while Engineer was acting within the scope of his employment.
12. Modification. The parties agree that this agreement cannot be amended or modified
without the written concurrence of both parties.
• 13. 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.
•
14. Notice. Any notices required to be given by the City to Engineer or by Engineer to the
City shall be delivered to the following parties at the following addresses:
City of East Wenatchee
Mayor's Office
271 9' St. NE
East Wenatchee, WA 98802
Donald L. McGahuey, P.E.
1525 Fourth Street
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.
Page 3 of 4
\\ewsbsI I\usd$\dmcgahuey\My Documents\Word\City Engineer 2013-2014.docx
. CITY OF EAST WENATCHEE
•
•
By Steven C. Lacy, Mayor Date
Donald L. McGahuey, P.E. Date
Page 4 of 4
\\ewsbsI l\usd$\dmcgahuey\My DocumentsMorWity Engineer 2013-2014.docx
0
COUNCIL AGENDA BILL #
PRESENTER:
POSITION:
12-10-07
Devin Poulson
City Attorney
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
TITLE: Memorandum of Understanding
AGENDA ITEM #
AGENDA DATE:
DEPARTMENT:
7
October 23, 2012
Legal
BACKGROUND/ The Public Employee Relations Committee determined that the position of
HISTORY: Associate Engineer should be included in the local bargaining unit. Consistent
with this decision, the attached Memorandum of Understanding adds this
position to the step schedule.
The current employee in this position is at a Step 4 on this schedule
EXHIBITS: Memorandum of Understanding
RECOMMENDED Authorize Mayor to sign the Memorandum of Understanding.
ACTION:
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$ N/A $ N/A $ N/A
ACTION TAKEN:
Motion Made By: ?n(-n
Councilmember Collings
Councilmember Johnson
Councilmember McCourt
Councilmember Barnhart
Passed: 9 1 0 Failed:
Second By: !)�4ff 01�
Councilmember Raab
Councilmember Buckner
Councilmember Detering
Mayor Lacy (in case of tie)
Page 1 of 1
•
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[I
MEMORANDUM OF AGREEMENT
Between City of East Wenatchee and
The Washington State Council of County and City Employees
AFSCNIE, Council 2, and Local 846-W
THIS AGREEMENT is being entered into between the City of East Wenatchee (hereinafter
referred to as the "Employer") and the Washington State Council of County and City
Employees, Council-2, Local 846-W , AFL-CIO (hereinafter referred to as the "Union").
THIS MEMORANDUM is made part of the 2011-2013 Labor Agreement between the
Employer and the Union to address the wages of the Associate Engineer position as a
bargaining unit position within Appendix "A".
IT IS AGREED, by the parties to this agreement that the wages for Brandon Mauseth
Associate Engineer will be as listed in the revised 2012 Pay Plan Appendix "A" attached to
this document.
IN WITNESS WHEREOF, the parties indicate their agreement to the above terms and
conditions by their signatures set forth below.
For: City of East Wenatchee
Title:
Date:
For: Washington State Council of
County and City Employees
Title:
Date:
Title:
Date:
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Devin Poulson
From: Don McGahuey
nt: Tuesday, October 23, 2012 2:38 PM
We:
Steve Lacy; Devin Poulson
Cc: Brandon Mauseth
Subject: Waste Oil Collection / Heating System - School District
Mayor Lacy and Devin:
This has been on the back burner for almost a year, and the school district has contacted me again and is requesting
that we bring this issue to a conclusion as soon as possible. They want the City to either:
1. Transfer ownership of the waste oil collection and heating equipment to the school district or;
Come and get all of the equipment.
I would recommend transferring ownership to the school district and here are my reasons:
1. This is probably the best reason: The last paragraph of RCW 70.951.020 Used oil recycling element — reads
"Nothing in this section shall be construed to require a city or county to construct or operate a public used oil
collection site.", so I don't think the City would ever be required to take over this type of operation in the future.
2. 1 believe that RCW 39.33.10 allows the City to transfer property to another agency. "Transfer' meaning no
exchange of funds.
3. 1 have found no information that indicates that the City cannot transfer, surplus, or otherwise dispose of this
equipment.
4. Brandon and I examined the equipment and agree that it has no value to the City other than scrap.
5. The various parts take up a lot of room and we don't have the room to install it in our shop, or even store it for
some future use.
6. The heating system would be overkill for our size of shop.
7. We don't have staff on site to provide collection services.
8. We don't have staff that can maintain this system.
9. 1 would estimate it would cost $20,000 or more to have someone move and install this equipment in a different
location.
10. The school district indicates that it costs them money to operate the heating system due to maintenance issues,
so my assumption would be that this would be the case for the City also.
11. The school district presently does not receive enough oil to rely solely on this system so they must supplement
with electric heat.
12. The school district is no longer allowing private disposal (oil collection) due to the poor quality of material
received — they cannot use it as heating oil and have to pay to dispose of it. They will continue to take oil from
the City, PUD, etc, where quality of the material is controlled.
13. City properties currently have no bulk storage of petroleum products, which means we have no permitting,
inspection or reporting requirements with EPA, Department of Ecology, or the Douglas County Fire Department.
The equipment includes two 5,000 gallon holding tanks, set up outside (a spill containment structure on its own
would be a rather large project, they didn't have one but we would need to install one for each tank).
14. Installing this equipment requires updates to our Stormwater Management Program Operation and
Maintenance Manual for NPDES Requirements and reporting to Ecology. Currently these activities are "Not
applicable" in our annual reports.
15. Due to age of this equipment and current air quality standards, this equipment may need retro-fitting in order to
meet current requirements. This was mentioned by Eastmont School District. They are not sure what current
air quality requirements are, and they are concerned that at some point this issue will come up.
16. Concern with citizens dropping waste off at City Hall after business hours and on weekends, no control. This is
difficult enough with garbage.
17. Not only is maintenance of the system expensive but equipment replacement could be a major capital expense.
Greg Loomis at the school district has indicated that he is available to discuss this with you and even provide a "tour" of
the equipment.
0s indicated above, this has been on the back burner for quite some time and the school district is requesting a quick
esponse so I need some direction regarding this issue.
Thanks, McG.
Donald L. McGahuey, P.E.
City of East Wenatchee
Public Works Director / City Engineer
Office: 509-884-1829
FAX: 509-886-6113
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CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
COUNCIL AGENDA BILL # 12-10-08
PRESENTER: Don McGahuey
POSITION:
Public Works Director
AGENDA ITEM #
AGENDA DATE:
DEPARTMENT:
October 23, 2012
Public Works
TITLE:
A Resolution of the City of East Wenatchee authorizing the Mayor to execute the Local Agency Federal Aid
Project Prospectus and the Local Agency Agreement for the Citywide Safety Improvement project.
BACKGROUND/ HISTORY:
In June of 2011, the City was informed by the Washington State Department of Transportation (WSDOT)
that the City was eligible for a federal grant from The Strategic Highway Safety Plan: Target Zero. The
"Target Zero" refers to a goal of zero accidents. This plan has 3 subprograms to address intersection safety
and WSDOT indicated that the City was invited to apply for a "Citywide" grant up to $250,000. This grant
subprogram is focused on making low-cost improvements to a large number of intersections. On behalf of
the City of East Wenatchee, the City Engineer submitted an application for $250,000 to upgrade stop signs,
install flashing beacons and radar speed feedback signs in the areas around the schools. In June of 2012,
the City was notified that the application was successful and a grant was awarded for this project.
The estimated costs for the project are tabulated below.
Citywide Safety Improvements
Phase
Total Estimated
Cost
City Funds
Federal Funds
Preliminary Engineering
35,000
0
35,000
Construction
1 215,000
0
215,000
Tota I
1 250,000
0
250,000
No match from the City is required unless the project costs exceed $250,000
These types of federally funded projects must be developed in accordance with the Washington State
Department of Transportation (WSDOT) Local Agency Guidelines (LAG) manual. The WSDOT Local
Programs office is responsible for the administration of the federal funding for these projects, and there are
numerous processes and documents that require approval from WSDOT at various stages of project
development. At this point in the process, WSDOT requires that the City submit a Project Prospectus and
enter into a Local Agency Agreement with WSDOT. The Local Agency Agreement will authorize only the
Preliminary Engineering phase of the project.
Staff has prepared these documents with WSDOT's review and assistance.
After the contract documents are completed and approved by WSDOT, a supplement to the Local Agency
Agreement authorizing the Construction phase of the project will need to be executed.
Staff intends to utilize a consultant to assist with the development of contract documents and possibl
Page 1 of 2
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construction management of this project, and will proceed with a selection process in the near future.
Construction is scheduled for 2013.
EXHIBITS:
Resolution authorizing the Mayor to sign the documents.
Local Agency Federal Aid Project Prospectus for the Citywide Safety Improvement Project
Local Agency Agreement for the Citywide Safety Improvement Project.
RECOMMENDED ACTION:
Pass the Resolution, authorizing the Mayor to execute the Project Prospectus and Local Agency Agreement
for the Citywide Safety Improvement Project,
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$250,000 250,000 $0
$250,000 to be reimbursed
ACTION TAKEN:
Motion Made By: k
Councilmember Collings
Councilmember Johnson
Councilmember McCourt
Councilmemb r Barnhart
Passed: 0 Failed:
Second By: �62rn `yAf —
Councilmember Raab
Councilmember Buckner
Councilmember Detering
Mayor Lacy (in case of tie)
Page 2 of 2
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Washington State Local Agency Federal Aid
Department of Transportation Project Prospectus
Date
9/14/2012
Prefix Route
Central Contractor
Federal Aid
Pro'ect Number
HSIP
000S
Registration Exp.Date
12/15/2012
Local Agency
WSDOT
Federal Employer
Pro'ect Number
2012-4
(Use Only
Tax ID Number 1
91-6009051
Agency
Federal Program Title
City of East Wenatchee
® 20.205 ❑ Other
Project Title
Start Latitude N See Exhibit A
Start Longitude W See Exhibit
Citywide Safety Improvements
End Latitude N See Exhibit A
End Longitude W See Exhibit
Project Termini From --To
Nearest City Name
Project Zip Code
See Exhibit A See Exhibit A
East Wenatchee
98802-4207
From: To:
Length of Project
Award Type
City Wide
N/A
® Local ❑ Local Forces ❑ State ❑ Railroad
Federal Agency
City Number
County Number
County Name
WSDOT Region
I
® FHWA ❑ Others
0350
09
Douglas
North Central Region
Congressional District
Legislative Districts
1
Urban Area Number
TMA / MPO / RTPO
4
12
13
WVTC
Total
Local Agency
Federal Funds
Phase Start
Phase
Estimated Cost
Funding
Date
Nearest Hundred Dollar
Nearest Hundred Dollar
Nearest Hundred Dollar
Month Year
P.E.
$35 000
$0
$35 000
12/2012
RAN
Const.
$215 000
$0 1
$215 000
6/2013
Total
$250 000 1
$0 1
$250 000
Description of Existing Facile(Existing Design and Present Condition
Roadway Width
Number of Lanes
See Exhibit A
See Exhibit A
Existing areas near several schools have standard stop signs and some school speed limit assemblies that have the standard
signing that indicates "When Children are Present". There is a lack of adequate school zone signing, allowing drivers to enter the
school zones without passing by a school zone sign. Most of the streets surrounding the schools have at least some pedestrian
school traffic, so excessive vehicle speed is a safety concern.
Description of Proposed Work
Description of Proposed Work (Attach additional sheet(s) if necessary)
Install larger stop signs with flashing beacons, programmable school zone speed limit signs, and permanent radar speed feedback
signs.
Local Agency Contact Person
Title
Phone
Donald L. McGahuey
Public Works Director / City Engineer
509-884-1829
Mailing Address
City
State
Zip Code
271 9th Street N.E.
East Wenatchee
WA
98802-4438
By
Project Prospectus Approval Approving Authority
Title Mayor Date
DOT Form 140-101 EF Page 1 of 3 ♦ Previous Editions Obsolete
Revised 11/10
•
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0
Agency Project Title Date
City of East Wenatchee Citywide Safety Improvements 9/14/2012
Type of Proposed Work
Project Type (Check all that Apply) Roadway Width Number of Lanes
❑ New Construction ❑ Path / Trail ❑ 3-R See Exhibit A See Exhibit A
❑ Reconstruction ❑ Pedestrian / Facilities ® 2-R
❑ Railroad ❑ Parking ❑ Other
❑ Bridge
Geometric Design Data
Description
Through Route
Crossroad
Federal
Functional
Classification
® Urban
❑ Rural
® Principal Arterial
® Minor Arterial
® Collector
❑ Major Collector
❑ Minor Collector
❑ Access Street/Road
® Urban
❑ Rural
❑ Principal Arterial
❑ Minor Arterial
® Collector
❑ Major Collector
❑ Minor Collector
® Access Street/Road
Terrain
❑ Flat
® Roll ❑ Mountain
❑ Flat
® Roll ❑ Mountain
Posted Speed
See Exhibit A
See Exhibit A
Design Speed
See Exhibit A
See Exhibit A
Existing ADT
See Exhibit A
See Exhibit A
Design Year ADT
See Exhibit A
See Exhibit A
Design Year
See Exhibit A
See Exhibit A
Design Hourly Volume (DHV)
See Exhibit A
See Exhibit A
Performance of Work
Preliminary Engineering Will Be Performed By
Others
Agency
Consultant / City Staff
90 %
10 %
Construction Will Be Performed By
Contract
Agency
Contractor
100 %
0 %
Environmental Classification
❑ Final ® Preliminary
❑ Class I - Environmental Impact Statement (EIS) ® Class II - Categorically Excluded (CE)
❑ Project Involves NEPA/SEPA Section 404 ❑ Projects Requiring Documentation
Interagency Agreement (Documented CE)
❑ Class III - Environmental Assessment (EA)
❑ Project Involves NEPA/SEPA Section 404
Interagency Agreement
Environmental Considerations
DOT Form 140-101 EF Page 2 of 3
Revised 11/10
is
Agency Project Title Date
City of East Wenatchee I Citywide Safety linprovements 9/14/2012
ht of
® No Right of Way Required ❑ Right of Way Required
* All construction required by the ❑ No Relocation
contract can be accomplished ❑Relocation Required
within the existing riqht of way.
Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project
:AA Involvement
Is any airport located within 3.2 kilometers (2 miles) of the proposed project? ❑ Yes ® No
Remarks
This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and
is not inconsistent with the agency's comprehensive plan for community development.
Agency City of East Wenatchee
Date By
isMayor/Chairperson
DOT Form 140-101 EF Page 3 of 3 ♦ Previous Editions Obsolete
Revised 11/10
Washington State
Department of Transportation
*Agency City of East Wenatchee
Address 271 9th Street NE
0
East Wenatchee, WA 98802-4438
Local Agency Agreement
CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
Project No.
Agreement No.
For OSC WSDOT Use Only
The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code Highways, (2)
the regulations issued pursuant thereto, (3) 2 CFR 225, (4) Office of Management and Budget Circulars A-102, and A-133, (5) the policies and
procedures promulgated by the Washington State Department of Transportation, and (6) the federal aid project agreement entered into between the
State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to
proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on
line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not
reimbursed by the Federal Government shall be the responsibility of the Local Agency.
Project Description
Name Citywide Safety Improvements Length N/A
Termini Citywide
Description of Work
Install larger stop signs with flashing beacons, programmable school zone speed limit signs, and permanent radar speed
feedback signs.
Type of Work
Estimate of Funding
Estimated Total
Project Funds
(2)
Estimated Agency
Funds
(3)
Estimated
Federal Funds
PE a. Agency
3,000.00
3,000.00
100 % b. Other Consultant
30 000.00
30 000.00
c. Other
Federal Aid Participation d. State
2,000.00
2,000.00
Ratio for PE e. Total PE Cost Estimate a+b+c+d
35 000.00
35 000.00
Right of Way f. Agency
.Other
h. Other
Federal Aid i. State
Participation
Ratio for RW Total RAN Cost Estimate f+ +h+i
Construction k. Contract
I. Other
m. Other
n. Other
% o. Agency
Federal Aid State
Participation
Ratio for CN q. Total CN Cost Estimate k+l+m+n+o+
r. Total Project Cost Estimate a+'+
35 000.00
35 000.00
Agency Official
0 By
Washington State Department of Transportation
By
Title Mayor Director of Highways and Local Programs
Date Executed
DOT Form 140-039 EF
Revised 09/2011
Construction Method of Financing (Check Method Selected)
State Ad and Award
❑ Method A - Advance Payment - Agency Share of total construction cost (based on contract award)
❑ Method B - Withhold from qas tax the Aqency's share of total construction cost (line 4, column 2) in the amount of
at $
Local Force or Local Ad and Award
® Method C - Aaencv cost incurred with oartial reimbursement
Provisions
per month for months.
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as
a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set
forth below. Adopted by official action on
, Resolution/Ordinance No.
I. Scope of Work
The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth in detail in
the "Project Description" and "Type of Work."
When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described
and indicated in "Type of Work" on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved
by the State and the Federal Highway Administration.
When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work
subject to the ordinary procedures of the State and Federal Highway Administration.
II. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees that the State
shall have the full authority to carry out this administration. The State shall review, process, and approve documents required for federal aid
reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the State will further act for the Agency in
all matters concerning the project as requested by the Agency. If the Local Agency advertises and awards the project, the State shall review the work
to ensure conformity with the approved plans and specifications.
III. Project Administration
Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work
above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised
and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications, and
federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project
will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls
and vouchers shall be charged as costs of the project.
IV. Availability of Records
All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local
government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of Transportation, and the
Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Government at all reasonable times
and shall be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds
to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request.
V. Compliance with Provisions
The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State
for each classification. The classifications of work for projects are:
1. Preliminary engineering.
2. Right of way acquisition.
3. Project construction.
In the event that right of way acquisition, or actual construction of the road, for which preliminary engineering is undertaken is not started by the
closing of the tenth fiscal year following the fiscal year in which the agreement is executed, the Agency will repay to the State the sum or sums of
federal funds paid to the Agency under the terms of this agreement (see Section IX).
The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will
conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional
work is financed without federal aid participation.
The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages
relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the
contract time.
isVI. Payment and Partial Reimbursement
The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the
Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR 225 and Office of
Management and Budget circulars A-102 and A-133. The State shall not be ultimately responsible for any of the costs of the project. The Agency
shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this
agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project.
DOT Form 140-039 EF 2
Revised 09/2011
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall
minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for
maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan
•has been prepared in accordance with the regulations outlined in 2 CFR 225 - Cost Principles for State, Local, and Indian Tribal Government, and
retained for audit.
The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of
those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the
Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX).
1. Project Construction Costs
Project construction financing will be accomplished by one of the three methods as indicated in this agreement.
Method A — The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the amount of
the Agency's share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited
with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such
payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is
substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the
amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund
from the State to the Agency.
Method B — The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax
allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each
month. The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the
contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings.
Method C — The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once per month for
those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures
by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless
claimed under a previously approved indirect cost plan.
The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the
time of audit, the Agency will provide documentation of all costs incurred on the project.
The State shall bill the Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds
paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX).
VII. Audit of Federal Consultant Contracts
The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid
costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government.
An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as
issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant
Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and Office of Management
and Budget Circular A-133.
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse
the State for the amount of such overpayment or excess participation (see Section IX).
Vill. Single Audit Act
The Agency, as a subrecipient of federal funds, shall adhere to the federal Office of Management and Budget (OMB) Circular A-133 as well as all
applicable federal and state statutes and regulations. A subrecipient who expends $500,000 or more in federal awards from all sources during a
given fiscal year shall have a single or program -specific audit performed for that year in accordance with the provisions of OMB Circular A-133.
Upon conclusion of the A-133 audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State.
IX. Payment of Billing
The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g., State force work, project
cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency has been billed, the
State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No
additional Federal project funding will be approved until full payment is received unless otherwise directed the Director of Highways and Local
Programs.
X. Traffic Control, Signing, Marking, and Roadway
Maintenance
The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior
approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs, signals, or markings not
in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, at its own expense, maintain
the improvement covered by this agreement.
Is
XI. Indemnity
The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands,
or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the Agency's execution,
DOT Form 140-039 EF
Revised 09/2011
performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or
arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to
•reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from
the sole negligence of the Federal Government or the State.
XII. Nondiscrimination Provision
No liability shall attach to the State or Federal Government except as expressly provided herein.
The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted
contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all necessary
and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and
agreements. The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this
agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the Agency of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26
and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.
S.C. 3801 et seq.).
The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from
the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or
understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for
Federal -Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines.
The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it
participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local Government, the above equal
opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or
under the contract.
The Agency also agrees:
(1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity
clause and rules, regulations, and relevant orders of the Secretary of Labor.
(2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in
the discharge of its primary responsibility for securing compliance.
(3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a
contractor debarred from, or who has not demonstrated eligibility for, govemment contracts and federally assisted construction contracts
• pursuant to the Executive Order.
(4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and
subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the Executive Order.
In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following
actions:
(a) Cancel, terminate, or suspend this agreement in whole or in part;
(b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal
occurred until satisfactory assurance of future compliance has been received from the Agency; and
(c) Refer the case to the Department of Justice for appropriate legal proceedings.
XIII. Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of
Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure
to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph.
XIV. Termination for Public Convenience
The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part,
whenever:
(1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise.
(2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the
prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the
preservation of energy resources.
(3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a
court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than
the contractor.
(4) The Secretary determines that such termination is in the best interests of the State.
XV. Venue for Claims and/or Causes of Action
For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the
State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the Superior Court for Thurston
County.
DOT Form 140-039 EF 4
Revised 09/2011
XVI. Certification Regarding the Restrictions of the Use
of Federal Funds for Lobbying
• The approving authority certifies, to the best of his or her knowledge and belief, that:
•
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting
to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member
of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers
(including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all
such subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission
of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Additional Provisions
DOT Form 140-039 EF
Revised 09/2011
• City of East Wenatchee, Washington
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.
1. Authority.
a. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize
and regulate its internal affairs and to define the powers, functions and duties of
its officers and employees.
2. Recitals.
a. The Washington State Department of Transportation awarded grant money to the
City that will allow the City to complete a safety improvement preservation
project on various streets surrounding the local schools.
b. The Mayor's approval of the Local Agency Federal Aid Project Prospectus and
the Mayor's execution of the Local Agency Agreement will allow the City to
move forward with the next phase of this project.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS
FOLLOWS:
Section 1: Authorization. The City Council authorizes the Mayor to sign the Local Agency
Federal Aid Project Prospectus for the Citywide Safety Improvement project
attached as Exhibit A.
Section 2: Authorization. The City Council authorizes the Mayor to sign the Local Agency
Agreement for the Citywide Safety Improvement project attached as Exhibit B.
Section 3: Effective Date. This Resolution becomes effective immediately.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this
day of , 2012.
RESOLUTION NO.2012-23
Page 1 of 2
• 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: 10/17/12
• Passed by the City Council:
Effective Date:
• RESOLUTION NO.2012-23
Page 2 of 2
•
COUNCIL AGENDA BILL*
PRESENTER:
POSITION:
12-10-09
Devin Poulson
City Attorney
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
AGENDA ITEM *
AGENDA DATE:
DEPARTMENT:
0
October 23, 2012
Legal
TITLE: Discussion regarding update to the City's Noise Ordinance.
BACKGROUND/ The City Council has expressed a desire to update the City's Noise Ordinance.
HISTORY: Informally, staff has received requests to make the noise ordinance stricter
and requests to make the ordinance more lenient.
Thus, in order to move the revision forward, staff is seeking input from the
City Council on what specific changes it would like to see in the existing noise
ordinance.
EXHIBITS: East Wenatchee's existing noise ordinance. Noise ordinances from Wenatchee,
Lacey, and Lynnwood
RECOMMENDED No recommendation. Discussion item.
ACTION:
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$ N/A $ N/A $ N/A
ACTION TAKEN:
Motion Made By:
Councilmember Collings
Councilmember Johnson
Councilmember McCourt
Councilmember Barnhart
Passed: Failed:
b rec4P� °LEA(
of ,h Iry G p-P,�
inC,Wes Ch.
�\l o (sue
Second By:
Councilmember Raab
Councilmember Buckner
Councilmember Detering
Mayor Lacy (in case of tie)
C(r aq TD Ccorne, bad(--
D�'�i�l 1 au)ot 6l r,
Page 1 of 1
Legal Notes, MRSC Information Bulletin No. 467, December 1990
KEEPING IT QUIET: NOISE CONTROL ORDINANCES AND REGULATIONS
by
Keith C. Harper, City Attorney of the City of Port Townsend
INTRODUCTION
As in many areas of the State, the City of Port Townsend is
experiencing rapid and extraordinary growth. Several years ago,
the Chamber of Commerce undertook a major promotional effort to
encourage tourism to the City. This has resulted in many tourists
wanting to make Port Townsend their home. In doing so, the popu-
lation has increased dramatically, and a number of the old build-
ings downtown have been restored and occupied with various uses,
including hotels, motels and apartments. In addition, there is a
large number of festivals and other entertainment events and
facilities, which have increased in intensity with the increase
of population.
The additional people and construction activity have created
a number of legal and regulatory issues which the City has not
seriously had to confront in the past. One of them is the re-
sulting noise and its effects on residents and visitors alike.
KEEPING IT QUIET
0
r
I. IDENTIFY THE NOISE PROBLEM
• A. Complaints
Like many issues, recognition of a noise problem often starts
with citizen complaints that mushroom into an organized citizens
group of sorts. In Port Townsend, several old buildings down-
town, for example, were restored and opened as hotels and
apartments. In addition, there is a number of existing apartment
units throughout many of the downtown buildings with many more
people residing permanently downtown than anyone had recognized.
There is also the traditional downtown activity, as well as
some unique to Port Townsend. Several taverns and cocktail
lounges provide dance music; young people cruise the streets
visiting or looking for additional friends and action; and a num-
ber of community events are held throughout the year in or around
the downtown area which result in increased pedestrian and
vehicular traffic, music, some disorderly behavior and various
other noises into the evening_ Many complaints have been made
of simply loud talking down on the sidewalks and street corners.
isA number of cities has recently had problems with vehicle
and hand -carried stereos, radios and similar equipment. There
have been only a few complaints of this thus far in Port Town-
send, and most of these have occurred during daytime hours.
B. Public Meetings
In Port Townsend we found it somewhat useful to hold public
meetings with the individuals making the complaints to determine
KEEPING IT QUIET
3,�
0
the extent of the problem. In doing so, we learned of many of
• the types of noises which occur and how they affect the people
who live and work downtown. We have not found a problem to
! exist throughout the remainder of the City, except for an in-
frequent weekend party or hot-rodder getting out of control.
Most of the noises complained of occur at night. General com-
mercial, business and construction activity has not been an on-
going problem.
The persons most affected by downtown noise have been
tourists staying in downtown overnight facilities and the
owners and operators of those facilities. Several operators
have received a number of written complaints from their guests.
A few downtown residents have complained, but a relatively
small number compared to the number of people occupying down-
town units. Interestingly, we found a number of people living
or operating a business downtown who did not perceive a prob-
lem or who thought it was simply part of the "character" of
the downtown.
II. SOLUTIONS TO NOISE PROBLEMS
A. Traditional Regulations
Zoning regulations in most cities, including Port Townsend,
have prevented most noise problems by not allowing them to
occur in the first place. Industrial, commercial and indus-
trial activity for the most part is separated into different
parts of cities.
KEEPING IT QUIET _s
•
Noise problems have been most intense in the downtown commer-
cial area where a mixture of uses is permitted, such as taverns/
cocktail lounges on the one hand and transient sleeping units on
the other. Port Townsend may be somewhat unique in this regard
due to the large number of 19th Century brick buildings located
throughout the downtown area and the desire of the community to
preserve this part of the City's history. For years, many of
those buildings stood vacant and particularly the upper floors.
With the influx of people interested in being a part of the
City's history and owning one of those buildings, it has been
necessary to try to economically use all of the space.
Many of the upper floors were originally designed for hotel
rooms, apartments or office spaces. In contrast, the City also
has a history of downtown bars and taverns with music and dancing.
Although zoning regulations have prevented most noise conflicts,
the situation downtown has been allowed to occur and has been
the center of most noise complaints. A city should try to an-
ticipate this problem, and it might possibly be dealt with by
adequate zoning controls.
Other traditional regulations which have the effect of con-
troling noise to varying degrees have been public nuisance laws,
motor vehicle regulations and laws against disorderly conduct
and disturbance of the peace. Certainly, these control and
prevent many noises, but they have not prevented a number of
noises described above.
KEEPING IT QUIET
x
0
•
•
B. Current Regulatory Approaches
1. Noise Control Act
The State Legislature passed the Noise Control Act in
1974 (see RCW 70.107, along with rules at WAC 173-60 and 173-62).
An excellent paper discussing the statute in detail was previously
written by Ross A Radley, a former assistant City Attorney of
Seattle, entitled Noise Ordinance Administration and Enforcement,
as published in Proceedings, WSAMA, June 1981. I would refer the
reader to that article, which can be obtained from the Municipal
Research and Services Center, as well as to the statute and regu-
lations for detail; note that the statute has been amended since
the article was published.
Generally, the regulations set forth different zones with
various types of noises and noise levels permitted as measured in
decibels. Enforcement is to be done by the State Department of
Ecology (DOE) and requires the use of sound metering equipment.
A number of cities has adopted ordinances based on the State Act.
In addition, the statute requires that most noise control
ordinances which differ from the statute must first be reviewed
and approved by DOE. However, if a proposed ordinance is sub-
mitted to DOE, and DOE does not act within 90 days, the ordinance
is deemed to be approved. I have been advised that, due to the
lack of personnel and funding, DOE is not able to review many
proposed ordinances within the applicable time period.
The advantages of this regulatory approach include the objec-
tive standards by which noise can be measured, and the use of
KEEPING IT QUIET
37
equipment to be able to measure and compare noises and prove
• violations.
However, a number of disadvantages has led some cities
to either abandon or supplement this approach. The sound measur-
ing equipment is expensive, requires officer training in the use
of it, and does not provide any flexibility. More significantly,
the officer must respond to a complaintand be able to measure
the noise with the equipment. In Port Townsend we have found
that most noise which results in a complaint has dissipated by
the time the officer arrives on the scene. Consequently, many
cities including Port Townsend have considered replacing such
regulations or supplementing them with a more generally worded
ordinance prohibiting certain public disturbance noises.
2. Public Disturbance Noise Ordinances
This type of ordinance prohibits any person from causing
or allowing to originate from his property any "public disturb-
ance noise."
The ordinance then typically defines a number of dif-
ferent noises and disturbances as "public disturbance noise,"
such as noises pertaining to revving of vehicle engines; horns
and sirens; yelling or singing at certain places or during cer-
tain hours; continuous noises from property or buildings such as
music, audio sound systems and stereos; motor vehicle radios and
stereos; construction sites during certain hours; temporary home
projects at certain hours; and so forth. Some require that a
KEEPING IT QUIET
•
•
•
•
certain number of people be unreasonably disturbed; others pro-
hibit certain noises which can be heard beyond a certain distance.
The ordinance may provide for exceptions, such as for
aircraft, safety devices, fire alarms, emergency vehicles and
organized parades.
The ordinance will then set forth penalties for viola-
tions. Some make violations a civil infraction; others declare
a violation or a second or subsequent violation as a criminal mis-
demeanor.
Finally, the ordinance should include a severability
provision and an effective date, which takes into account prior
DOE approval.
Perhaps more common under ordinances based upon the Noise
Control Act but also pertinent to a public disturbance noise
ordinance would be a variance procedure, to permit noise other-
wise prohibited in certain circumstances not anticipated during
preparation of the ordinance. Normally, this would be short-
term, commercial or construction activity of some sort.
The advantage to these types of ordinances include the
ability to not have to use sound measuring devices, greater flex-
ibility, and the ability to enforce by way of citizen witnesses
who may actually witness the noise rather than simply an officer
with a machine or otherwise who may arrive at the scene late.
On the other hand, such ordinances would most commonly
be attacked as void for vagueness or violating free speech
guarantees, particularly if enforcement is sought against voice
noise.
KEEPING IT QUIET
39
In preparing any ordinance, the reader should carefully
review the Court cases Seattle v. Eze 111 Wn2d 22, 759 P2d 366
(1988); Spokane v. Fischer 110 Wn2d 541, 754 P2d (1988); and
Everett v. O'Brien 31 Wn App 319, 641 P2d 714 (1982). The pro-
hibited noise should be defined in relation to that which unrea-
sonably disturbs several people and not just an individual
Seattle v. Eze, supra; and the ordinance can be written in terms
of a reasonableness standard so that it will fairly define and
give persons adequate notice of the prohibited conduct. Compare
Spokane v. Fischer, supra (ordinance invalid), with Everett v.
O'Brien, supra, and Seattle v. Eze (ordinances upheld).
Finally, such an ordinance must be sent to DOE for re-
view. Presently, it is my understanding that this creates no
problem. The reader should consult with DOE at the time and re-
view the Noise Control Act at the time with respect to the proc-
ess and procedure.
An additional type of ordinance which, however, is
rarely used designates "quiet zones." Normally, this would
apply in areas where there may be hospitals and similar facili-
ties and may only apply at certain hours.
III. ENFORCEMENT
Perhaps the experience in other cities has been different,
but in Port Townsend we have found enforcement to be a major
problem in preventing disturbing noises, and we anticipate the
problem to continue with respect to certain noises after passage
of a new ordinance.
KEEPING IT QUIET
•
•
e
•
For example, a common complaint is of tourists trying to
sleep in a downtown hotel within two blocks of a tavern providing
dance music on a hot summer night when doors and/or windows of
both establishments are open. Both are permitted uses in that
commercial zone. The responding officer often finds the music
not to be offensive or might ask the tavern proprietor to have
the music turned down. It may not happen again for several
weeks, but this does not help the restless tourist trying to
sleep. In addition, patrons leaving the establishment at 2:00
a.m. often talk and chatter on street corners on their way to
their vehicles, or a fight may break out on some occasions.
With rare exceptions, the disturbance is gone by the time an
officer arrives.
Screeching tires through downtown or up one of the hills
from the downtown area might be heard and wake someone up. How-
ever, the officers on duty are rarely in the area at the right
time, or a driver may not be identifiable.
In addition, many of the complaints come from tourists on
their way back to California or Montana or some other such
place and are not available for a civil infraction hearing or
misdemeanor trial.
However, this should not discourage a city from attempting
to draft and pass an ordinance which endeavors to deal with
these problems in a reasonable way. We have found, with other
regulations, and some cities have found with such a noise
ordinance that passage of the ordinance and public education
KEEPING IT QUIET 41
•
•
is
about it act as a deterrent to the prohibited conduct. Further,
the ordinance is then available to deal with the worst or most
persistent cases. Finally, it gives the enforcing officer some-
thing to work with to attempt to prevent or abate disturbances
by warnings of possibility of prosecution.
Since we received a number of noise and disturbance com-
plaints, the police department has attempted to undertake more
frequent foot patrol of the downtown area during the late evening
hours. This has appeared to help on some occasions,if for no
other reason than simply deterrence. It appears that foot patrol
by officers together with a public disturbance noise ordinance
will be the most effective means of curbing noises for the time
being.
We also realize that all disturbing noises cannot be pre-
vented.
IV. OTHER REFERENCES
In researching the problem and preparation of ordinances,
it is recommended that copies of correspondence, articles and
sample ordinances be obtained from the Municipal Research and
Services Center. As always, they have good material and
patient and helpful staff. I would also suggest consulting
some of the city attorneys who have prepared or tried to enforce
these ordinances. They, too, are extremely helpful.
There are not a lot of Court cases dealing with noise con-
trol in Washington, the three cited in this paper being the
KEEPING IT QUIET
4 2
•
most recent and helpful. The following material might assist in
obtaining background or other case references: Washington Digest,
under "Health and Environment" and under "Nuisance"; ALR3rd-4th
Quick Index, under "Noise Pollution" and under "Nuisance"; 56
Am,7ur2nd Municipal Corporations; 61 AmJur2nd Pollution Contol;
and McQuillan, Municipal Corporations, Chapter 24.
KEEPING IT QUIET
9 Discussion of Noise Regulations
Contents
• Decibel -Based Ordinances
• Public Nuisance/Disturbance Noise Ordinances
• Legal Issues
Most counties and cities in Washington follow two basic approaches to control noise problems:
(1) adoption of noise control provisions based upon the state Noise Control Act, chapter 70.107
RCW, utilizing decibel -based standards; (2) adoption of subjective "public disturbance noise"
standards which do not require the use of decibel meters for enforcement; (3) or a combination of
these two approaches. Many smaller cities and towns have chosen the "public disturbance"
approach.
Decibel -Based Ordinances
Using the decibel -based standards approach is the most difficult to enforce, from a practical
standpoint. This method requires the adoption and/or enforcement of noise control provisions
enacted pursuant to the state Noise Control Act. This Act empowers the Department of Ecology
(DOE) to establish maximum noise levels in identified areas or environments. See RCW
70.107.030(1). Local governments may enact similar provisions establishing noise limitations for
areas within their jurisdictions. Any difference between the local regulations and those provided
for by the state must be approved by DOE. See RCW 70.107.060(3) . If DOE has not acted
within 90 days after a local ordinance has been submitted to it, the local provision is
automatically approved.
The rules adopted by DOE establishing maximum permissible noise levels are contained in
chapter 173-60 WAC, relating to maximum environmental noise levels, and chapter 173-62
WAC, relating to motor vehicle noise performance standards. Chapter 173-60 WAC establishes
three classes of environmental designations for noise abatement (EDNA), which are the areas or
zones within which the maximum permissible noise levels are set. These EDNA zones are
defined with respect to land usage and can usually be transferred to previously -established
classifications in existing zoning ordinances or comprehensive plans. Chapter 173-62 WAC,
relating to motor vehicle noise performance standards, establishes maximum permissible sound
levels for motor vehicles on all public highways. The chief problem with enforcing the state Act
(or an equivalent local ordinance) is the focus on decibel readings. Not all communities have the
equipment or the necessary training to enforce such provisions. One benefit to the decibel
approach, though, is that there is less likelihood of a successful constitutional challenge under it
than under other methods of noise control enforcement.
Public Nuisance/Disturbance Noise Ordinances
Another possible approach to the problem of noise control is through the enforcement of "public
is disturbance" noise ordinances. Public disturbance noise ordinances are based upon a subjective
standard as opposed to measures of maximum decibel readings. Public disturbance noise
provisions, while perhaps easier to enforce, may raise some constitutional questions. Provisions
must be sufficiently detailed to place a person on notice. Prohibitions cannot be so broad as to
prohibit free speech.
Legal Issues
There have been four state appellate court cases reviewing public disturbance noise provisions.
In Holland v. City of Tacoma, 90 Wn. App. 533, 954 P.2d 290 (1998), Seattle v. Eze, I I I Wn.2d
22, 759 P.2d 366 (1988), and Everett v. O'Brien, 31 Wn. App. 319, 641 P.2d 714 (1982), public
disturbance type noise ordinances have been upheld; however, in Spokane v. Fischer, 110 Wn.2d
541, 754 P.2d 1241 (1988), an ordinance prohibiting frequent and habitual dog barking that
disturbs or annoys any person in the neighborhood was found unconstitutionally vague.
•
0
• ORDINANCE NO. 2010-_
AN ORDINANCE OF THE CITY OF EAST WENATCHEE,
WASHINGTON, AMENDING CHAPTER 9.25 OF THE EAST
WENATCHEE MUNICIPAL CODE - PUBLIC DISTURBANCE NOISES -
RELATING TO EXCEPTIONS AND ENFORCEMENT, CONTAINING A
SEVERABILITY CLAUSE AND SETTING AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
Section 1: Purpose.
(1) The City of East Wenatchee ("City') is a non -charter code city duly
incorporated and operating under the laws of the State of Washington.
Section 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 as
appropriate to the good government of the City.
b) RCW 35.67 authorizes the City Council to create, manage, regulate,
and control a storm water utility and to fix, alter, regulate, and control
the rates and charges for their use.
Section 3: Amendment. The City Council amends Chapter 9.25 EWMC to read as
follows:
Chapter 9.25
PUBLIC DISTURBANCE NOISES
Sections:
9.25.010
Purpose.
9.25.020
Content of sound.
9.25.030
Public disturbance noises.
9.25.040
Exceptions.
9.25.050
Penalty.
9.25.010 Purpose.
The purpose of this chapter is to control noise in a manner which promotes commerce;
the use, value, and enjoyment of property; sleep and repose; and the quality of the
environment. (Ord. 90-7 § 1, 1990)
9.25.020 Content of sound.
The content of the sound shall not be considered in determining whether a violation of
is this chapter has occurred. (Ord. 90-7 § 1, 1990)
9.25.030 Public disturbance noises.
It is unlawful for any person to cause or make, or for any person in possession of
property to allow to originate from the property, sound which is a public disturbance
noise. Public disturbance noises include the following sounds or combinations of
sounds:
A. Loud and raucous, or frequent, repetitive, or continuous sounds made by
any horn or siren attached to a motor vehicle, except such sounds that are made
to warn of danger or that are specifically permitted or required by law.
B. Loud and raucous, or frequent, repetitive, or continuous sounds created
by musical instruments, audio sound systems, band sessions, or other devices
capable of producing, amplifying, or reproducing sounds which unreasonably
disturb or interfere with the peace, comfort and repose of another and can be
clearly heard by a person of normal hearing at a distance of 50 feet or more from
the property from which the sound originates.
C. Yelling, shouting, hooting, whistling or singing on or near city streets,
particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any other time
and place which unreasonably disturbs or interferes with the peace, comfort and
repose of another.
D. The creation of frequent, repetitive or continuous sounds in connection
with the starting, operation, repair, rebuilding or testing of any motor vehicle or
internal combustion engine within a residential district, so as to unreasonably
disturb or interfere with the peace, comfort, and repose of another.
E. Sound from a motor vehicle audio system, such as a radio, tape player, or
compact disc player, which is operated at such a volume that it can be clearly
heard by a person of normal hearing at a distance of 50 feet or more from the
vehicle itself.
F. Sound from portable audio equipment such as a radio, tape player, or
compact disc player, which is operated at such volume that it can be clearly
heard by a person of normal hearing at a distance of 50 feet or more from the
source of the sound.
Sounds from construction activity, includinq, but not limited to motorized
construction and equipment operation, hammering blasting drilling and sawing
that are audible on residential property beyond the property lines of the propel
on which the construction activity is conducted between the hours of 10:00 p.m.
and 6:00 a.m. Monday through Saturday, and between the hours of 6:00 p.m.
and 8:30 a.m. on Sunday; provided, however, that this subsection shall not apply
to sounds from construction activity conducted by the city of East Wenatchee or
other governmental entities, necessary for the preservation of the public health
safety and welfare; provided further, that this subsection shall not be applicable
• to commercial areas as established by the city of East Wenatchee zoninq
ordinance.
9.25.040 Exceptions.
•
0
The provisions of this chapter shall not apply to: the regularly SGheduled Gommunity
not apply-SGheduled parades held On th8 Got
A. The provisions of this chapter shall not apply to:
1. Regularly scheduled communitv events conducted on propertv owned by a
governmental agency or public school district and conducted with the express
permission of an authorized representative of the propertv owner; and
2. Regularly scheduled parades held in the city of Wenatchee and authorized by an
appointed representative of the city; and
3. Preparation for "regularly scheduled community events" as described below.
B. For the purpose of this section, a "regularly scheduled community event' is:
1. A public sportinq event or public concert held on propertv owned by a
governmental entity or public school district and conducted with the express
permission of an authorized representative of the property owner; and
2. Official public ceremonies_ sponsored by a qovernmental entitv or public school
district.
The ordinary and usual ringing of trolley bells by a mass transit carrier, e.g. Link
trolley bus.
D. Noise caused in the performance of emergency work for the immediate safet
health, or welfare of the community or individuals of the community, or to restore
Property to a safe condition following a public calamity shall not be subject to the
provisions of this chapter. Nothing in this section shall be construed to permit law
enforcement, ambulance, fire, or other emergency personnel to make excessive
noise in the performance of their duties when such noise is clearly unnecessary.
9.25.050 Penalty.
A. Violation of any of the provisions of this GhapteF is a GiVil *nfFaGt* -
A. A person found to have GOMmitted an infraGtion under thiS Ghapter may be
assessed a monetary penalty as set feFth on EWMC 1.20.040. (Ord. 06-14 § 9, ;
Violation of any of the provisions of this chapter may result in the issuance of a
notice of infraction or citation for an infraction punishable by a fine with a base
Penalty of $250.00, not including statutory assessments. The Infraction Rules for
Courts of Limited Jurisdiction with the exception of IRLJ 4.1, 6.2. and 6.6 shall
govern.
•
Section 4: Findings of Fact. The City Council adopts the following findings of fact
and conclusions to support this amendment to the East Wenatchee
Municipal Code.
a)
Section 5: 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 6: 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 7: Effective Date. This Ordinance becomes effective five days after the date
its summary is published.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on
day of , 2010.
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:
CITY OF EAST WENATCHEE,
WASHINGTON
By
Steven C. Lacy, Mayor
• City of Wenatchee
Chapter 6A.40
PUBLIC DISTURBANCE NOISES
Sections:
6A.40.010
Purpose.
6A.40.020
Content of sound.
6A.40.030
Public disturbance noises.
6A.40.040
Exceptions.
6A.40.050
Penalty.
6A.40.010 Purpose.
The purpose of this chapter is to control noise in a manner which promotes
commerce; the use, value, and enjoyment of property; sleep and repose; and the quality
of the environment. (Ord. 97-23 § 1; Ord. 2864 § 1, 1990)
6A.40.020 Content of sound.
The content of the sound shall not be considered in determining whether a violation of
this chapter has occurred. (Ord. 97-23 § 2; Ord. 2864 § 1, 1990)
6A.40.030 Public disturbance noises.
It is unlawful for any person to cause or make, or for any person in possession of
property to allow to originate from the property, sound which is a public disturbance
noise. Public disturbance noises include the following sound or combinations of sounds:
(1) Loud and raucous, or frequent, repetitive, or continuous sounds made by any horn
or siren attached to a motor vehicle, except such sounds that are made to warn of
danger or that are specifically permitted or required by law.
(2) Loud and raucous, or frequent, repetitive, or continuous sounds created by
musical instruments, audio sound systems, band sessions, or other devices capable of
producing, amplifying, or reproducing sound which unreasonably disturbs or interferes
with the peace, comfort and repose of another and can be clearly heard by a person of
normal hearing at a distance of 50 feet or more from the property from which the sound
originates.
(3) Yelling, shouting, hooting, whistling or singing on or near city streets, particularly
between the hours of 11:00 p.m. and 7:00 a.m., or at any other time and place which
unreasonably disturbs or interferes with the peace, comfort and repose of another.
(4) The creation of frequent, repetitive or continuous sounds in connection with the
starting, operation, repair, rebuilding or testing of any motor vehicle or internal
combustion engine within a residential district, so as to unreasonably disturb or interfere
with the peace, comfort, and repose of another.
(5) Sound from a motor vehicle audio system, such as a radio, tape player or compact
disc player, which is operated at such a volume that it can be clearly heard by a person
of normal hearing at a distance of 50 feet or more from the vehicle itself.
(6) Sound from portable audio equipment, such as a radio tape player or compact
disc player, which is operated at such a volume that it can be clearly heard by a person
of normal hearing at a distance of 50 feet or more from the source of the sound.
City of Wenatchee Page 1
• (7) Sounds from construction activity, including, but not limited to, motorized
construction and equipment operation, hammering, blasting, drilling, and sawing, that
are audible on residential property beyond the property lines of the property on which
the construction activity is conducted between the hours of 10:00 p.m. and 6:00 a.m.
Monday through Saturday, and between the hours of 6:00 p.m. and 8:30 a.m. on
Sunday; provided, however, that this subsection shall not apply to sounds from
construction activity conducted by the city of Wenatchee, or other governmental entities,
necessary for the preservation of the public health, safety and welfare; provided further,
that this subsection shall not be applicable to commercial areas as established by the
city of Wenatchee zoning ordinance. (Ord. 97-23 § 3; Ord. 3004 § 1, 1993; Ord. 2864 §
1, 1990)
6A.40.040 Exceptions.
(1) The provisions of this chapter shall not apply to:
(a) Regularly scheduled community events conducted on property owned by a
governmental agency or public school district and conducted with the express
permission of an authorized representative of the property owner; and
(b) Regularly scheduled parades held in the city of Wenatchee and authorized
by an appointed representative of the city; and
(c) Preparation for "regularly scheduled community events" as described below.
(2) For the purpose of this section, a "regularly scheduled community event' is:
(a) A public sporting event or public concert held on property owned by a
governmental entity or public school district and conducted with the express permission
• of an authorized representative of the property owner; and
(b) Official public ceremonies sponsored by a governmental entity or public
school district.
(3) The ordinary and usual ringing of trolley bells by a mass transit carrier, e.g., Link
trolley bus. (Ord. 2005-13 § 1, 2005; Ord. 97-23 § 4; Ord. 2864 § 1, 1990)
6A.40.050 Penalty.
Violation of any of the provisions of this chapter may result in the issuance of a notice
of infraction or citation for a infraction punishable by a fine with a base penalty of
$250.00, not including statutory assessments. The Infraction Rules for Courts of Limited
Jurisdiction with the exception of IRLJ 4.1, 6.2, and 6.6 shall govern. (Ord. 2001-22 § 1;
Ord. 97-23 § 5; Ord. 2864 § 1, 1990)
City of Wenatchee Page 2
9 LACEY MUNICIPAL CODE
A Codification of the General Ordinances of the City of Lacey, Washington
Title 14: BUILDINGS AND CONSTRUCTION
Chapter 14.38
OUTSIDE CONSTRUCTION ACTIVITIES
Sections:
14.38.010 Outside construction activities prohibited --Exceptions
14.38.010 Outside construction activities prohibited —Exceptions. It shall be unlawful to conduct or
engage in outside construction activities regulated by this title between the hours of nine p.m. and seven
a.m. in any area of the city located in a residential zone or directly abutting a residential zone; provided,
however, that this section shall not prohibit the emergency repair of utilities or streets or the construction
of utilities or streets where operations are necessary during such hours in order to promote the safety of
the traveling public. (Ord. 837 § 1, 1988).
•
0
City Stanwood
Chapter 9.50
PUBLIC NUISANCE AND DISTURBANCE NOISES
Sections:
9.50.010 Public nuisance and disturbance noises — Defined.
9.50.020 Public nuisance and disturbance noise violations.
9.50.030 Noises exempt — At all times.
9.50.040 Noises exempt — Daytime hours.
9.50.045 Variances and implementation schedules.
9.50.050 Enforcement — Complaints.
9.50.060 Enforcement — Criminal penalty.
9.50.070 Enforcement — Civil infraction.
9.50.080 Provisions not exclusive.
9.50.090 Severability.
9.50.100 Third -party liability.
9.50.010 Public nuisance and disturbance noises — Defined.
The following sources of sound are hereby defined to be public nuisances, except to
the extent that they may be specifically exempted by other provisions of this chapter:
(1) Frequent, repetitive or continuous noise made by any animal which unreasonably
disturbs or interferes with peace, comfort and repose of property owners or possessors,
except that such sounds shall be exempt when originating from lawfully operated animal
shelters, kennels, pet shops, and veterinary clinics;
(2) The frequent, repetitive or continuous sounding of any horn or siren attached to a
motor vehicle, except as a warning of danger or as specifically permitted or required by
law;
(3) The creation of frequent, repetitive or continuous noise in connection with the
starting, operation, repair, rebuilding, or testing of any motor vehicle, motorcycle, off -
highway vehicle, or internal combustion engine within Class A EDNA, so as to
unreasonably disturb or interfere with the peace, comfort and repose of owners or
possessors of real property;
(4) Yelling, shouting, hooting, whistling or singing on or near the public streets,
particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time and place so
as to unreasonably disturb or interfere with peace, comfort and repose of owners or
possessors of real property;
(5) The use of a sound amplifier or other device capable of producing or reproducing
amplified sound on public streets for the purpose of commercial advertising or sales or
for attracting the attention of the public to any vehicle, structure or property of the
contents therein;
(6) The making of any loud and raucous noise which unreasonably interferes with the
use of any school, church, hospital, sanitarium, nursing or convalescent facility;
(7) The creation of frequent, repetitive or continuous sounds which emanate from any
building, structure, apartment, or condominium which unreasonably interferes with the
peace, comfort and repose of owners or possessors of real property, such as sounds
from musical instruments, audio sound systems, band sessions, or social gatherings;
City of Stanwood
(8) Sound from audio equipment, such as tape players, radios and compact disc
• players, operated at a volume so as to be audible greater than 75 feet from the source,
and if not operated upon the property of the operator;
(9) The use of unmuffled engine compression brakes. (Ord. 909 § 1, 1994).
9.50.020 Public nuisance and disturbance noise violations.
It is unlawful for any person to cause or allow to originate, or for any person in
possession of property to allow to originate from said property, sound that is a public
nuisance. (Ord. 909 § 1, 1994).
9.50.030 Noises exempt — At all times.
(1) The following noises are exempt from the provisions of this chapter at all times;
provided, that nothing in these exemptions is intended to preclude the city from
requiring installation of the best available noise abatement technology consistent with
economic feasibility.
(a) Noise originating from aircraft in flight;
(b) Noise created by safety and protective devices, such as relief values where
noise suppression would defeat the safety release intent of the device;
(c) Noise created by fire alarms;
(d) Noise created by emergency equipment, including, but not limited to,
emergency standby or backup equipment, and emergency work necessary in the
interests of law enforcement or of the health, safety or welfare of the community; and
including, but not limited to, any emergency work necessary to replace or repair
essential utility services;
• (e) Noise created by auxiliary equipment on motor vehicles used for highway
maintenance;
(f) Noise originating from officially sanctioned parades, sporting events, and
other public events;
(g) Noise created by warning devices not operated continuously for more than
30 minutes per incident;
(h) Noise originating from existing natural gas transmission facilities, subject to
any requirements that may be established by appropriate state or federal agencies;
(i) Noise created by existing stationary equipment used in the conveyance of
water by a utility and noise created by existing electrical substations;
(j) Noise created by the operation of equipment or facilities by a railroad in
interstate commerce;
(k) Noise emanating from temporary construction sites except between the
hours of 10:00 p.m. and 7:00 a.m., on weekdays, and except between the hours of 6:00
p.m. and 8:00 a.m. on Saturdays, Sundays, and state recognized holidays;
(1) Noise emanating from marine -oriented construction sites except between the
hours of 10:00 p.m. and 7.00 a.m. on weekdays and weekends;
(m) Noise created by aircraft -engine testing and maintenance not related to flight
operations, except between the hours of 10:00 p.m. and 7:00 a.m.;
(n) Noise created by existing stationary equipment used in the conveyance of
water by a utility and noise created by existing electrical substations. (Ord. 909 § 1,
1994).
• 9.50.040 Noises exempt — Daytime hours.
2
City of Stanwood
The following noises shall be exempt from the provisions of this chapter between the
• hours of 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 a.m. and 10:00 p.m. on
weekends:
(1) Noise created by powered equipment used in temporary or periodic maintenance
or repair of residential property, including but not limited to grounds and appurtenances,
such as lawnmowers, powered hand tools, and composters;
(2) Noise created by the discharge of firearms on city police department authorized
shooting ranges;
(3) Noise created by the installation or repair of essential utility services;
(4) Noise created by blasting;
(5) Noise created by bells, chimes or carillons not operating for more than five
minutes in any one hour;
(6) Noise originating from forest harvesting. (Ord. 909 § 1, 1994).
9.50.045 Variances and implementation schedules.
(1) Variances may be granted to any person from any particular requirement of this
chapter, if findings are made that immediate compliance with such requirement cannot
be achieved because of special circumstances rendering immediate compliance
unreasonable in light of economic or physical factors, encroachment upon an existing
noise source, or because of nonavailability of feasible technology or control methods.
Any such variance or renewal thereof shall be granted only for the minimum time period
found to be necessary under the facts and circumstances.
(2) An implementation schedule for achieving compliance with this chapter shall be
incorporated into any variance issued.
• (3) Variances shall be issued only upon application in writing and after providing such
information as may be requested. No variance shall be issued for a period of more than
30 days except upon due notice to the public with opportunity to comment. Public
hearings may be held, when substantial public interest is shown, at the discretion of the
city.
(4) Sources of noise, subject to this chapter, upon which construction begins after the
effective date hereof shall immediately comply with the requirements of this chapter,
except in extraordinary circumstances where overriding considerations of public interest
dictate the issuance of a variance. (Ord. 1248 § 1, 2009).
9.50.050 Enforcement — Complaints.
(1) Complaint Only Basis. Only after a complaint for violation of SMC 9.50.020 has
been received, and said complaint has been investigated, a city official may initiate
proceedings as provided in SMC 13.01.030: provided, that the section of this chapter
relating to motor vehicles shall subject the violator to enforcement proceedings
regardless of whether a complaint has been received; provided, further, that with the
exception of motor vehicle noise, noises created by industrial areas are to be enforced
by the state of Washington; provided, further, that a city official may issue a notice of
civil infraction or criminal citation to the owner or operator of the source, or the person in
possession of the property where the sound originated. (Ord. 1112 § 2, 2001; Ord. 909
§ 1, 1994).
• 9.50.060 Enforcement — Criminal penalty.
3
City of Stanwood
(1) Criminal Punishment for Violations and Crimes. Every offense defined by this
• chapter or conduct made unlawful hereby shall also constitute an offense under the
criminal code, and any person convicted of such an offense shall be punished by a fine
not to exceed $500.00 or by imprisonment in the jail not to exceed six months, or both
imprisonment and fine.
(2) Evidence in Criminal Proceedings. In any criminal prosecution under this chapter,
evidence of sound level through the use of a sound level meter reading shall not be
necessary to establish the commission of the offense. (Ord. 909 § 1, 1994).
9.50.070 Enforcement — Civil infraction.
A city official may issue a civil infraction in lieu of a criminal citation or arrest. Said
violation shall constitute a Class B infraction in accordance with SMC 13.01.045(1) and
subject the violator to enforcement as set forth therein. (Ord. 1112 § 2, 2001; Ord. 909 §
1, 1994).
9.50.080 Provisions not exclusive.
The provisions of this chapter shall be cumulative and nonexclusive, and shall not
affect any other claim, cause of action or remedy, nor, unless specifically provided, shall
this chapter by deemed to repeal, amend or modify any law, ordinance or regulation
relating to noise, but shall be deemed additional to existing legislation and common law
on noise. (Ord. 909 § 1, 1994).
9.50.090 Severability.
Should any section, subsection, paragraph, sentence, clause or phrase of this
is invalid
or its application to any person or situation be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining
portions of this chapter or its application to any other person or situation. The city
council of the city of Stanwood hereby declares that it would have adopted this chapter
and each section, subsection, sentence, clause, phrase or a portion thereof irrespective
of the fact that any one or more sections, subsections, sentences, clauses, phrases or
portions be declared invalid or unconstitutional. (Ord. 909 § 1, 1994).
•
9.50.100 Third -party liability.
It is expressly the purpose of this chapter to provide for and promote the health,
safety and welfare of the general public and not to create or otherwise establish or
designate any particular class or group of persons who will or should be especially
protected or benefited by the terms of this chapter.
It is the specific intent of this chapter that no provisions nor any term used in this
chapter is intended to impose any duty whatsoever upon the city or any of its officers or
employees, for whom the implementation and enforcement of this chapter shall be
discretionary and not mandatory.
Nothing contained in this chapter is intended nor shall be construed to create or form
the basis of any liability on the part of the city, or its officers, employees or agents, for
any injury or damage resulting from any action or inaction on the part of the city related
in any manner to the enforcement of this chapter by its officers, employees or agents.
(Ord. 909 § 1, 1994).
4
City of Stanwood
to
L-1
NORTH CENTRAL WASHINGTON ECONOMIC DEVELOPMENT DISTRICT
(NCW EDD)
MEMBERSHIP MEETING
September 12, 2012
135 Johnson Avenue
Chelan City Hall
8:45-10:15 AM
Dave Acheson called the meeting to order at 8: 49 a.m.
MEMBERS PRESENT
Dave Acheson, Town of Winthrop
Gail Howe, City of Pateros
Bill Haven, City of Entiat
Arnie Marchand, Carbon Cycle Crush
Wendy Isenhart, City of Chelan
George Buckner, City of East Wenatchee
Karen Rutherford, City of Wenatchee
Cheri Wire, City of Entiat
Allison Williams, City of Wenatchee
Kim Ustanik, Manson Business Association
Craig Larsen, Port of Chelan County
Mark Spurgeon, Port of Douglas County
Roni Holder-Diefenbach, Economic Alliance
Chris Branch, City of Oroville
Kyle Desautel, Colville Confederated Tribes
Mike Mackey, Port of Chelan County
Jim Detro, Okanogan County Commissioners
STAFF and GUESTS PRESENT
Jennifer Korfiatis, NCW EDD
Bonnie Waude, NCW EDD, WVC
Dayla Culp, NCW EDD
0 NCW EDD Meeting Minutes
Approval of Minutes
• Gail Howe moved to approve the July]], 2012 membership meeting minutes, Mark
Spurgeon seconded and the motion was carried.
Administrator's Report
Entrepreneurship/Innovation:
• Jennifer received the National Governors Association White paper showing 12 strategies
for growing state economies. Several of the strategies involve entrepreneurship. Jennifer
will send out a link to the paper for those interested.
• The Wenatchee Valley Mall and the Wenatchee Downtown Association have asked the
EDD and Wenatchee Valley College to assist with a region wide Business Plan
competition. There are three areas of the competition to include: Retail,
Professional/Technical and Student. The EDD will be working on the
Professional/Technical portion of the competition. $21,000 in prizes have been donated
by various entities to be awarded to the winners of this competition. The Washington
State Governor has selected this competition to be one of six that will be highlighted by
the State Department of Commerce. Of the six, two are located in this region. The other
is the IRIS Success Summit.
• Bonnie Waude:
o Start Up weekend is scheduled for October 5-7, 2012 and will take place at the
Wenatchee Valley College. The website is up and coaches and keynote speakers
are listed. We are still looking for judges for the competition.
o Wenatchee Valley College classes for Entrepreneurship are up and running.
o The Entrepreneurship/Innovation website, ncwconnect.org, is up and running.
Rack cards are being distributed and were passed to the group.
o Meet a Mentor event is coming up in Wenatchee and there are many other events
being planned in other counties.
• Jennifer has continued to stay in touch with Procurement Technical Assistance Center
(PTAC) to determine if the EDD would be a good sub -recipient for funds to serve this
region. A draft budget is being developed and additional funding is being located.
• A new program called "Move It Online" (http://www.miononprofit.or is looking for
three areas to launch a pilot project which pairs area youth with a technical skill set with
local businesses to assist them in getting their businesses online via websites, Facebook,
etc. A meeting to get more information and discuss options has been set for some time in
October.
• Choose Washington Regional Marketing effort continues. The magazine is set to come
out in January. Ports of Chelan and Douglas Counties have paid for advertisement for
North Central Washington and the EDD and Economic Alliance will work on a landing
page that the advertisement lists.
• The EDD agreed to give $500 for the development of a Cascade Loop Mobile app which
will show charging stations, etc along the route. This project has been delayed.
• The Washington Policy Conference is being held 9/13/2012 at Tsillan Cellars.
• • Annual Nevada Community Development Block Grant Forum is being held in Elko, NV.
Jennifer was asked to present on Entrepreneurship and what rural communities do to
bolster their economy. This event is organized by the Nevada Governor's office and is
being held October 4, 2012.
• CWU Economic Outlook Conference is being held October 30, 2012 at Central
Washington University. This is a daylong event with a reception at the end. Jennifer was
asked to participate as a panelist to discuss rural economies.
Dues Refund
The city clerk of Tonasket asked in August for a refund of their dues payment. They stated
they had made a mistake in sending the dues. A designee form was received in December
2011 and a dues payment was received in May 2012. Chris Branch has volunteered to stop
in to the city office and discuss why they wish to discontinue membership.
• Chris Branch moved to approve not refunding the city of Tonasket the 2012 membership
dues, Wendy Isenhart seconded and the motion was carried.
Via 97 Report
A meeting is scheduled for September 21, 2012 from 10:00 am to 2:00 pm at the Senora
Center in Osoyoos, BC. Many people have been invited to the meeting to discuss a joint
marketing plan that will benefit both regions.
Member Presentation
A presentation was given by Kim Ustanik of the Manson Business Association.
Treasurer's Report
■ George Buckner moved to approve the treasurer's report, Chris Branch seconded and
the motion was carried.
New Business/Public Comment:
• Pictures were shown of the ribbon cutting ceremony at the Waste Water Treatment Plant
in the City of Rock Island.
• Craig Larsen began a conversation on how difficult it is to determine where money
should be spent on Tourism efforts.
Adiourn
■ The meeting was adjourned at 10:16 a.m.
hlev_ry_"�
40MPUBLIC OPINION
STRATEGIES
MEMORANDUM
TO: INTERESTED PARTIES
FROM: LORI WEIGEL / PARTNER / PUBLIC OPINION STRATEGIES
DATE: AUGUST 13, 2012
RE: KEY FINDINGS FROM A SURVEY OF VOTERS IN WASHINGTON'S EIGHTH CONGRESSIONAL
DISTRICT REGARDING CONSERVATION
Public Opinion Strategies recently completed a statistically valid survey of likely 2012 voters throughout the
Eight Congressional District regarding views of a range of conservation issues'. The survey found that voters
throughout the District share a strong connection to public lands, natural areas and water in Washington and
support policies that protect them. The vast majority engage in outdoor recreation and sportsmen activities
in fact, it is one of the things they like best about living where they do.
These voters overwhelmingly say public lands are good for the state; two-thirds reject the idea that we have
enough and don't need more; they say that public lands are good for the economy; and they overwhelmingly
believe we have amoral responsibility to care for these lands. In fact, a solid majority say that public lands are
one of the best things our government does. The remainder of this report details some of the specific key
findings from the survey:
➢ Eighth Congressional District voters clearly have a strong connection to public lands, natural areas and
water in Washington. We asked voters in the District what they liked most about living in their part of
Washington at the beginning of the survey. More voters pointed to something related to the outdoors
than any other feature of life in the area. For example, we recorded these responses regarding what
they like best:
"The beautiful country, beautiful scenery, the water and the mountains —everything. This is the
best place in the world." — Moderate Republican woman in King county
"Pretty much the mountains and the lakes and the rivers. Because I am an outdoors man. The
hunting." -- Conservative Independent man in small town in Chelan county
The vast majority of District voters engage in outdoor recreation activities — with far more doing so than
we see among the electorate nationally. That direct engagement in outdoor activities was evident in
their responses about what they like most about living in Washington, and also may underlie the strong
connection to public lands evidenced in multiple questions throughout the survey.
1 Public Opinion Strategies conducted 400 interviews throughout the Eighth Congressional District of Washington with additional
•interviews conducted in Chelan county (for a total of 250). All data shown here has been weighted to reflect the proper allocation of
voters throughout the district. Interviews were distributed proportionally by country throughout the district. The sample is
demographically representative of the profile of likely 2012 voters. The survey was conducted July 24-31, 2012, and has an overall
margin of error of +4.9% for the District and 6.2% for Chelan county. Sampling error for subgroups within the sample will be larger.
Page 1
➢ Voters overwhelmingly say that public lands are good for the state, and reject arguments why they
are a negative. Respondents were provided with two viewpoints about public lands and asked which
• comes closer to their own:
is
84% "Public lands like local and national parks, forests, monuments and wildlife areas in Washington
are generally good for the state - they support our economy; provide opportunities to hunt, fish,
and enjoy the outdoors; and enhance our overall quality of life."
13% "Public lands like local and national parks, forests, monuments and wildlife areas in Washington
are generally bad for the state - they take land off the tax rolls and prevent opportunities for
logging and mining that could provide jobs for Washington residents."
Voters on both sides of the Cascades, of every partisan and ideological leaning, and all demographic sub-
groups are more likely to side with the argument that public lands are good for Washington, rather than
that public lands are a negative.
➢ Most District voters reject the idea that we have enough public lands already, although this is
certainly a theme with a distinct sub -group. Two-thirds (67%) reject a statement that "Washington has
enough natural areas and public lands, and we do not need to do any more to protect them." Only 29%
agree with this view.
➢ The vast majority say we that even with federal budget problems, funding to safeguard land, air and
water should not be cut; view public lands as one of the best things governments does; and don't
want commercial activities to interfere with their enjoyment of these public lands.
of Statements - Ranked By % Strongly A
Even with federal budget problems, funding to safeguard land, air and I 43% I 71%
water should not be cut.
One of the things our government does best is to protect and
preserve our heritage and natural beauty through national parks, 32% 76%
forests, and other public lands.
➢ Voters believe that protecting the environment and having a strong economy are compatible,
although this does evoke more of a partisan distinction. As we have seen nationally and statewide in
Washington, Eight District voters also say we should not have to choose between the environment and
the economy.
71% "We can protect land and water and have a strong economy with good jobs at the same time,
without having to choose one over the other."
27% "Sometimes protections for land and water and a strong economy are in conflict and we must
choose one over the other."
While nearly all voter sub -groups are more likely to say we can do both, there are some distinctions. So,
while belief that the environment and a good economy are compatible is ubiquitous among Democrats
(87%), 70% of Independents and 61% of Republicans hold the same position.
Page 2
➢ More specifically, a majority believe that public lands have a net positive impact on tourism and the
• economy more broadly, as well as a myriad of non -economy benefits. Survey respondents were asked
what kind of impact "creating and enhancing local and national parks, forests, monuments, and wildlife
areas" has on each of the following. In addition, to the clear connection with children and quality of life,
voters also are far more likely to perceive a positive, rather than a negative impact.
Positive
Impact..
..
No
Impact
Difference
Score
Opportunities for children to explore and learn
about nature
F;00/0
3%
7%
+87%
The overall quality of life in Washington
86%
3%
10%
+83%
Tourism
850/0
50 0
90/0
+800/0
Wildlife
85%
6%
8%
+79%
Protecting clean water
83%
4%
11%
+79%
Maintaining what is best about Washington
81%
4%
10%
+77%
Opportunities for hunting, fishing and outdoor
recreation
80%
8%
9%
+72%
Protecting clean air
75%
4%
18%
+710/0
Protecting our culture and heritage
71%
50/b
190/o
+66%
Jobs and the economy
67%
12%
18%
+55%
While the graph depicts voters District -wide, it is worth noting that on almost all factors, Chelan county
respondents are within margin of error of the District data. Chelan voters are slightly less exuberant on
• the impact on quality of life (78% positive impact), wildlife (78% positive), and jobs and the economy
(59% positive).
➢ Support in this district is on par with that nationally for LWCF, with four -in -five supporting funding.
Respondents were asked whether they support or oppose "ensuring that the small portion of federal
offshore drilling fees already being paid by oil and gas companies is dedicated to the Land and Water
Conservation Fund, which was created by Congress so that these fees could be used for conserving
natural areas, wildlife, and clean water and providing access to outdoor recreation throughout the
country." As evidenced in the following graph, four -in -five District voters indicate support for the Land
and Water Conservation Fund based on this description.
Somewhat
Oppose
6%
Strong
Oppos
4%
•
8%
Page 3
w
Support is evident throughout the District for LWCF, as 85% in King County, 81% in Kittitas/Douglas
Counties, 75% in Pierce County, and 73% in Chelan County all voice support.
• ➢ Moreover, seven -in -ten voters support an increase in funding for state conservation programs like the
Washington Wildlife and Recreation Program. Residents were asked if they support or oppose
"increasing funding for the Washington Wildlife and Recreation Program that provides grants to local
communities and non-profit organizations around the state to help protect natural areas to ensure we
have clean air and clean water, lands along lakes, rivers and streams, preserve working farms, and
create new local and state parks." Fully seven -in -ten (70%) indicate support for WWRP, and 43%
strongly supportive. There is solid support throughout the district (65% in Chelan county, 64% in
Kittitas/Douglas 69% in Pierce and 73% in King county).
➢ Finally and importantly, it is worth noting that Eighth Congressional District voters clearly indicate
that conservation issues are in the mix of things which they will consider in November. More than
one-third of voters District -wide (36%) and even more in Chelan county (38%) say that issues involving
clean water, clean air, and open spaces is a primary consideration in whether or not to support an
elected public official. Overall, four -in -five (82%) say it is at least somewhat important to them.
This sentiment is evident across all voter sub -groups, including among Republicans (67% say this will be
a factor in their vote decision), Independents (81%) and even Tea Party supporters (64%).
Overall, the survey clearly found that voters residing in the new Eighth Congressional District express a strong
connection to the land, and solid support for policies seeking to uphold public lands and conserve natural
areas in the state. Again and again throughout the data, voters indicate that conservation of the land, water,
• and wildlife in Washington is important to them, a responsibility they take seriously, and desire to see evidenced
in the public policy decisions taking place in the state and nation's Capitols. These voters are more active in the
outdoors than voters nationally, and tell us that the land, the water, and their access to the outdoors and
recreation is what they like best about life in Washington. They reject the idea that protecting what they like
best will hurt the economy — in fact, they say public lands are positive for the economy — and most reject that
enough land has already been protected. They actually say that protecting public lands and the nation's natural
beauty and history on these public lands is one thing our government does best. Leadership on this issue is
clearly something they will factor into their decisions about public officials as well.
•
Page 4
NORTH CENTRAL WASHINGTON
RESOURCE CONSERVATION & DEVELOPMENT (NCW RC&D)
July 11, 2012
Chelan City Hall
10:20 am —12:05 pm
Russell Clark, President, called the meeting to order at 10: 26 am.
MEMBERS PRESENT
Gail Howe, City of Pateros
Bill Haven, City of Entiat
Russell Clark, City of Rock Island
George Buckner, City of East Wenatchee
Andrew Lampe, Okanogan County
Cheri Wire, City of Entiat
Mark Spurgeon, Port of Douglas County
Wendy Isenhart, City of Chelan
Craig Nelson, Okanogan Conservation District
Lynn Heminger, Douglas County PUD
Cary Tonasket, Colville Tribal Energy
STAFF & GUESTS PRESENT
Dayla Culp, NCW RC&D
Carol Cowling, South Douglas Conservation District
Annie Schmidt, CWSC
Stan Morse, Legislative Candidate
•
Meeting Minutes
Approval of Minutes
• Gail Howe moved to approve the April]], 2012 meeting minutes and the June 8, 2012 Executive
Committee meeting minutes, Bill Haven seconded and the motion was carried with one abstention..
Finance Committee Report
• Mark Spurgeion moved to approve the treasurers report, Wendy Isenhart seconded and the motion
carried.
Committee/Proiect Updates
Committee/Project Report: A report was submitted to the Council that includes all of the committee and project
news, progress and updates. Reference these documents for details.
Annie Schmidt added the following regarding the Chumstick Wildfire Stewardship Coalition:
• CWSC submitted in June for a grant from the Mountaineers Foundation. CWSC was awarded $3000
with $300 of that total to go to RCD.
o Lynn Heminger moved to approve accepting the Mountaineers Foundation grant, Craig Nelson
seconded and the motion was carried.
• CWSC would like to use the money received from the Mountaineer Foundation as grant match to
receive the remaining $3000 from National Forest Foundation (NFF). CWSC requested approval to
accept the NFF funds.
o Craig Nelson moved to accept funds from National Forest Foundation, Mark Spurgeon seconded
and the motion was carried.
• Annie Schmidt announced that this will be her last RCD meeting as she is stepping down as Chumstick
. Director. Six Candidates are being interviewed the following week.
• CWSC has entered a new contract with DNR, continuing the work that has been done. DNR is holding
the bulk of the funds and doing most of the administrative work.
o Wendy Isenhart moved to approve the contract agreement with DNR, Craig Nelson seconded
and the motion was carried.
NCW RC&D Capacity Building
• The new member handbook discs were distributed to members.
A presentation was given on the new RCD website.
The new RCD Logo was shown to council members.
Other Business and Public Comment
Stan Morse shared with the council an upcoming debate with regional candidates for office. The debate is
scheduled to occur at Wenatchee Valley College.
Stan Morse shared information on a video competition called "Why I love my State Park". The contest is being
put on by the Farrington Foundation. A 2-5 minute video submission on one of the Washington State parks can
be uploaded to YouTube and then a URL link sent to the Farrington Foundation. The deadline is September 30,
2012.
Next Meeting
The next meeting will be October 10, 2012 at 10:20 am at the Chelan City Hall.
Adiourn
The meeting was adjourned at 11:14 pm.
2
CITY OF EAST WENATCHEE
•
40
0
OCT 15 2012
RECEIVED
By: �'
oFFicg4 Wenatchee Valley Animal Control
1474 S. Wenatchee Avenue
3'. Wenatchee, WA 98801
509-662-9577
509-665-7612 (fax)
City of East Wenatchee - Quarterly Report
3rd Quarter — 2012
Animal Control Hours
July 171.75
August 197.50
September 183.00
Total 552.25
Number of Investigated Incidents
July
110
August
117
September
100
Total
327
Investigations of Interest
Citations Issued 2
Dangerous Dogs 0
Potentially Dangerous Dogs 0
Animal Bites 4
Number of Animals Received
Stray Dogs
48
Stray Cats
65
Stray Others
17
Owned Dogs
13
Owned Cats
21
Owned Others
1
Total
61
Total
86
Total
18
•
�J
Uniting Communities in the Fight Against Cancer
October 30, 2012
6:00pm-7.30pm
.! tot
Chelan County PUD
327 North Wenatchee Ave, Wenatchee WA
Guest speaker: Mark Gilbert of Gilbert Auto
Complimentary hors d'oeuvres will be served at 6:00 pm
American
Cancer
Society
Please RSVP by returning the self-addressed card enclosed.
For More Information, contact Wendee Bodnar at:
509-783-1574, or wendee.bodnar@cancer.org
Presented by the American Cancer Society
RELAY
And Relay For Life FOR LIFE
W
CITY OF EAST WENATCHEE
• PRESTIGE SENIOR LIVING. CAMPUS AT WENATCHEE
Blossom Creek Memory Care Community
October 2012
Dear Friends,
0 C T 11 2012
REC IVED
By:
4k
On behalf of the staff and management of Blossom Valley Assisted Living and Blossom Creek
Memory Care, we would like to take this opportunity to thank each and everyone who came and
participated in our' 6`h Annual Guns and Hoses Annual BBQ Event" honoring our communities
service men & women.
In spite of the heavy smoke filled air created by the recent Wenatchee fires, we wvere still able to
hold this special event and serve over 300 hung
r}r people at this annual BBQ. Not only did we
• have our own areas first responders, but we also had. the honor t:) Scl ;, .ton e, �s of t ireinen an6
women from all over our state that came to help :Yglat our fires. Btcai:se or cal! ofyosc
and participated, it turned. out to be one of our best and im. st su_ cessful `G- ure3 &Hoses' ...::t;t to
date.
A very special thank you goes to Chief Stan Smoke, Wenatchee Fire and Rescue for his moving
and meaningful "911 Presentation." Special thanks also goes out to City of Wenatchee Mayor,
Frank Kuntz; Wenatchee Police Chief, Tom Robbins and American Legion Post 410 Color
Guard for taking part in our `6 h Annual Guns and Hoses' celebration.
To all those brave men and women who are there when we call and need a helping hand for
everyone throughout our conuriunity, we send our heatLPJt appreciation. to each and every one of
you for all you do!
Thanks again for joining us -and we�ook forward to seeing all of you again next year for our
4"7th ual Guns and Hoses!"
1�� a e st Regards,
The Staff and Management of
• Blossom 'Valley Assisted Living and Blossom (_'reel;: Memory Care
1740 Madison Street • Wenatchee, WA 98801 9 P: 509-662.3500 • F: 509-662.1151 • www.prestigecarexom
•
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