HomeMy WebLinkAbout10/8/2013 - City Council - City Council Meeting Agenda Packet•
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CITY OF EAST WENATCHEE
OCTOBER 8, 2013
JOINT MEETING WITH DOUGLAS COUNTY
• COMMISSIONERS
6:00 P.M.
REGULAR CITY COUNCIL MEETING AGENDA
6:30 P.M.
6:00 P.M.
JOINT MEETING
A Joint meeting with the Douglas County Commissioners to conduct a public hearing
beginning at 6:00 p.m. to consider the following proposal relating to the Storm Water
Management Utility Codes for the City and the County:
A. Amendment to Douglas County Code (DCC) sections: DCC 19.40.210(C)(1) to update the
code to reflect the current service charge per equivalent service unit (ESU).; DCC
19.40.210(E) to modify the effective date of service charge credits; DCC 19.40.220 (A), (B),
and (D) to modify billing date, due date and date of delinquency of the service charge.
B. Amendment to East Wenatchee Municipal Code (EWMC) sections: EWMC 13.10.210
(C)(1) to update the code to reflect the current service charge per equivalent service unit
(ESU).; EWMC 13.10.210(C)(2)(e) to modify the effective date of service charge credits;
EWMC 13.10.220 (A), (B), and (D) to modify billing date, due date and date of delinquency
of the service charge.
• 1. 13-10-01 First reading of an Ordinance of the City of East Wenatchee updating the billing
procedures for its Stormwater Utility by amending portions of Chapter 13.10 of the
East Wenatchee Municipal Code. (Brandon Mauseth, Associate Engineer)
6:30 p.m.
ROLL CALL
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS
APPRECIATION AWARDS
Jeremy Lovold - 5 years of service and Dana Barnard — 20 years of service to the City of East
Wenatchee.
BUDGET REPORT
Finance Director Nick Gerde - Forecast for the Year-end Financial Results for 2013
- Preliminary Budget for 2014
MAYOR'S REPORT
• Continued on next page ....
In compliance with 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 meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting.
Page 1 of 2
` CONSENT CALENDAR
2. Consideration of Minutes — Regular Session, September 24, 2013
IS3. Consideration of Payables
PUBLIC HEARING(S)
4. 13-10-02 A public hearing regarding Ordinance 2013-06 adopted by the City Council on
August 13, 2013 imposing a moratorium on the establishment of certain marijuana -
related facilities; defining certain marijuana -related terms, and entering legislative
findings. (Lori Barnett, Community Development Director)
RESOLUTION(S)
5. 13-10-03 A Resolution adopting the City of East Wenatchee, Washington adopting the City of
East Wenatchee Policy for Compliance Regarding Americans with Disabilities Act of
1990 and Section 504 of the Rehabilitation Act of 1973. (Devin Poulson, City
Attorney)
6. 13-10-04 A Resolution of the City of East Wenatchee, Washington adopting a Section 504
Grievance Procedure. (Devin Poulson, City Attorney)
• ACTION ITEMS)
•
7. 13-10-05 Appointment of American with Disabilities Act (ADA) Coordinator. (Devin
Poulson, City Attorney)
8. 13-10-06 Appointment of Section 504 Grievance Coordinator. (Devin Poulson, City
Attorney)
9. 13-10-07 A Subrecipient Agreement with the Columbia Valley Housing Association to award
the 2011 and 2012 Community Development Block Grant (CBDG) funds for the
homeownership assistance program. (Lori Barnett, Community Development
Director)
COUNCIL REPORTS
ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
4? contact the City Clerk at 509-884-9515. Notification 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting.
Page 2 of 2
CITY OF EAST WENATCHEE COUNCIL MINUTES SEPTEMBER 10, 2013
CITY OF EAST WENATCHEE, WASHINGTON
REGULAR SESSION OF THE CITY COUNCIL CONVENED
MAYOR STEVEN C. LACY, PRESIDING
SEPTEMBER 24, 2013
6:30 P.M.
ROLL CALL
Mayor Steven C. Lacy
Councilmember Harry Raab
Councilmember Frank Collings
Councilmember Wayne Barnhart
Councilmember Tim Detering
Councilmember Sandra McCourt
Councilmember George Buckner
Councilmember Chuck Johnson - excused
EMPLOYEES IN ATTENDANCE
City Attorney Devin Poulson
Police Chief Randy Harrison
City Clerk Dana Barnard
Community Development Director Lori Barnett
Finance Director Nick Gerde
Public Works Director Greg Pezoldt
Associate Engineer Brandon Mauseth
Maintenance Worker Bobby Schott
Clerical Assistant Shawn Munson
APPRECIATION AWARDS
Mayor Lacy presented Bobby Schott and Amber Schultz with a Certificate of Recognition for completing
five years of public service to the City of East Wenatchee.
BUDGET REPORT
Finance Director Nick Gerde submitted and reviewed the minutes from the September 12, 2013, Budget
Committee meeting.
DEPARTMENT REPORT
Finance Director Nick Gerde submitted and reviewed the Financial Report for the month of August 2013.
MAYOR'S REPORT
Mayor Lacy reported the following:
• He received an update from Public Works Director Greg Pezoldt, who noted that the Eastmont
Project Contract stated the project should be done by October 28t', some items will not be
finished by that date, but the Contract will be completed this year.
• He asked City Attorney Devin Poulson to give an update regarding completion of the Information
Technology Project. Mr. Poulson noted the new website should be completed by the 1st of
CITY OF EAST WENATCHEE COUNCIL MINUTES
SEPTEMBER 10, 2013
• November for Beta testing, and ready to go live in December 2013.
• He noted that City Attorney Devin Poulson suggested scheduling Council workshops allowing
time for in-depth discussions and an opportunity to present new ideas.
• He received a request from the Washington Committee for Employer Support of the Guard and
Reserve asking for the City to sign and display a Statement of Support Certificate. Without
objection he would sign the Certificate. No objections were heard.
•
0
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 Detering, second by Councilmember McCourt,
to approve the Consent Calendar as presented. The motion carried, 6-0.
1. Consideration of Minutes — Regular Session, September 10, 2013
2. Consideration of Payables and Payroll
i. 2013 Pa. a� — As of this date, September 24, 2013, Council does
approve check numbers 39343, 39344, 39381, and 39384 through 39442
in the total amount of $165,259.75. Payables checks 39275, 39285,
39287, 39298, 39306, and 39308 were voided.
ii. 2013 Payroll — As of this date, September 24, 2013, Council does
approve August 2013 payroll in the amount of $368,267.85, including
check numbers 39135 through 39167, 39215, 39216, and 39218 through
39267. No payroll checks were voided.
ACTION ITEMS)
13-09-03 Approval of an Agreement concerning occupancy of City right of way between the City
of East Wenatchee and TAB Land LLC, for property located at 555 3`d Street SE.
Presented by: Lori Barnett, Community Development Director
Council Action: A motion was made by Councilmember Barnhart, second by
Councilmember Buckner to approve the Agreement concerning occupancy of City right
of way between the City of East Wenatchee and TAB Land LLC, for property located at
555 3`d Street SE. The motion carried, 6-0.
13-09-04 Authorization for the Mayor to execute a Contract for the 3`d Street SE and Jarvis Avenue
Small Works Stormwater Improvement Project.
Presented by: Brandon Mauseth, Associate Engineer
Council Action: A motion was made by Councilmember Detering, second by
Councilmember Buckner, to authorize the Mayor to execute a Contract with J&K
Earthworks with the low bid of $54,210 for the 3`d Street SE and Jarvis Avenue Small
Works Stormwater Improvement Project. The motion carried, 6-0.
2
CITY OF EAST WENATCHEE COUNCIL MINUTES
SEPTEMBER 10, 2013
• 13-09-05 Approval and authorization for the Mayor to execute a Contract for the City Hall
Employee Parking Lot Overlay Project.
Presented by: Brandon Mauseth, Associate Engineer
Council Action: A motion was made by Councilmember Barnhart, second by
Councilmember Collings to approve and authorize the Mayor to execute a Contract with
Granite Construction who submitted the sole bid of $13,860 for the City Hall Employee
Parking Lot Overlay Project. The motion carried, 6-0.
RESOLUTION(S)
13-09-06 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to sign
an Interlocal Cooperative Agreement between Douglas County and East Wenatchee for
Storm Water Utility Billing and Collection.
Presented by: Brandon Mauseth, Associate Engineer
Council Action: A motion was made by Councilmember Detering, second by
Councilmember Raab, to adopt the resolution authorizing the Mayor to sign an Interlocal
Cooperative Agreement between Douglas County and East Wenatchee for Storm Water
Utility Billing and Collection. The motion carried, 6-0.
Resolution No. 2013-17
• A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to
sign an Interlocal Cooperative Agreement between Douglas County and East
Wenatchee for Storm Water Utility Billing and Collection.
Council Action: A motion was made by Councilmember Barnhart, second by
Councilmember Collings, to set a Public Hearing date for October 8, 2013, at 6 p.m. for
Stormwater Utility Billing Code updates. The motion carried, 6-0.
13-09-07 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to sign
the Association of Washington Cities Employee Trust Health Care Program Interlocal
Agreement.
Presented by: Devin Poulson, City Attorney
Council Action: A motion was made by Councilmember Raab, second by
Councilmember Buckner, to authorize the Mayor to sign the Association of Washington
Cities Employee Trust Health Care Program Interlocal Agreement. The motion carried,
6-0.
Resolution No. 2013-16
A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to
• sign the Association of Washington Cities Employee Trust Health Care Program
Interlocal Agreement.
CITY OF EAST WENATCHEE COUNCIL MINUTES SEPTEMBER 10, 2013
9 COUNCIL REPORT(S)
Councilmember Barnhart asked if the damage to the rotunda floor had been turned over to the Insurance
Agency. City Attorney Devin Poulson, stated that it had not.
Councilmember Detering reported the following:
• Four individuals were nominated to be on the Chamber of Commerce Board this year.
• The East Wenatchee Noon Networking Business group had a lot of suggestions regarding the
downtown area.
• He attended the Ribbon Cutting Ceremony for the Goodwill expansion.
The following reports/minutes were submitted in writing prior to the City Council meeting.
• Councilmember McCourt — minutes from the Regional Support Network Governing Board
meeting held on August 5, 2013.
ADJOURNMENT
7:30 p.m.
• Dana Barnard
City Clerk
•
4
J
4
CITY OF EAST WENATCHEE
CHECK REGISTER
2013 PAYABLES
8-Oct-13
CHECK NUMBERS: 39443-39488
OIDED CHECKS: 39430
DEPARTMENT/FUND
ACCOUNT NUMBER
AMOUNT
1274.39
50.00
28097.66
Current Expense Fund:
001 001 000
General Government Department_
001 000 000
001 000 001
Legislative Department
Municipal Court Department
001 000 110
8,130.62
001 000 120
001 000 140
001 000 141 _
_ 001 000 142
001 000 145
001 000 160
001 000 151
001 000 180
534.58
376.04
City Clerk Department
Internal Services Department
Finance Department
Civil Service
7,593.90
84.34
2,068.95
2,837.92
Legal Service
Central Services Department
Police Department
001 000 210
001 000 230
Detention (Jail Services)
001 000 250
Engineering Services
001 000 315
505.92
Planning Department
001 000 580
779.93
Code Compliance Department
001 000 590
Agency Disbursements
001 001 000
-
52,334.25
beet Fund.
ttNFDES
050 000 310-050 000 313
55,942.54
4reet
Maintenance
101 000 420
18,678.12
Street Administration
101 000 430
422.73
Street General
101 000 000
Street Construction
101 000 950
-
Street Fund Total
75,043.39
Other Funds:
Comm Dev Grants Fund
102 000 000
Library Fund
112 000 000
174.92
Drug Fund
114 000 000
Criminal Justice Fund
116 000 000
East Wenatchee Events Board
117 000 000
2,128.05
Street Improvement Fund
301-000-000
781,894.57
Capital Improvement Fund
314 000 000
-
Other Funds Total
784,197.54
911,575.18
Grand Total All Funds
r
e _ Fund Transaction Summary
001-000-000-
Current Expense
$50.00
001-000-001-
Sub -Department
$28,097.66
001-000-110-
Sub -Department
$8,130.62
001-000-120-
Sub -Department
$534.58
001-000-140-
Sub -Department
$376.04
001-000-145-
Sub -Department
$7,593.90
001-000-151-
Sub -Department
$84.34
001-000-180-
Sub -Department
$2,068.95
001-000-210-
Sub -Department
$2,837.92
001-000-315-
Sub -Department
$505.92
001-000-580-
Sub -Department
$779.93
001-001-000-
Department
$1,274.39
050-000-312-
Sub -Department
$50,805.81
050-000-313-
Sub -Department
$5,136.73
101-000-420-
Sub -Department
$18,678.12
101-000-430-
Sub -Department
$422.73
112-000-000-
Library Fund
$174.92
117-000-115-
Sub -Department
$5.42
117-000-400-
Sub -Department
$2,122.63
301-000-000-
Street Improvement Fund
$781,894.57
Count: 20
$911,575.18
• Execution Time: 25 second(s) Printed by EASTWENATCHEE\ASchulz on Page 1 of 1
East Wenatchee - Fund Transaction Summary
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•
i CITY OF EAST WENATCHEE
NICK A. GERDE, FINANCE DIRECTOR
- J 271 91H STREET NE o EAST WENATCHEE, WA 98802
PHONE (509) 886-4507 • FAX (509) 886-6109
October 8, 2013
Mayor and City Councilmembers
Subject: Recommendations for 2013 Budget Amendments
The following 2013 budget amendments will need to be made prior to the
end of the year;
1. Re -distribute the original allocation of property taxes to the funds
which need to be supported. This will not change the amount of the
Is property tax estimates, but rather the appropriation by fund.
2. Increase the capital expenditure budget in the Street Fund to allow
for purchase of the new lawn mower. The amount of the purchase
allocated to the Street Fund is $15,000. Council was previously
apprised of and approved this expenditure.
3. Increase the Street fund operational budget by a total of $40,000,
including $25,000 to labor/benefits and $15,000 to snow/ice supplies.
I will prepare the appropriate documentation for consideration at the next
Council meeting on October 22, 2013.
Vcede
Finance Director
40
,I
•
CITY OF EAST WENATCHEE
NICK A. GERDE, FINANCE DIRECTOR
271 9TH STxLLI, NE a EAST WENATC1 IEE, WA 98802
PHONE (509) 886-4507 • FAX (509) 886-6109
October 3, 2013
Mayor & City Council
Subject: Attached Worksheets Reflecting the Preliminary Budget for 2014
The attached worksheets include the following:
Preliminary Budget for 2014:
This schedule reflects budgeted financial activity by fund for 2014.
Please note the items that have been highlighted in yellow. The
comparison of beginning cash and ending cash for the year reflects a
decrease, with the resulting estimated end of the year balance of
$2,452,711. Please recognize the following:
1. The Preliminary Budget is the culmination of the Department Heads
of the City developing their spending plans for 2014, with
presentations and review by the Budget Committee.
2. Coordination of the Finance, Public Works and Community
Development functions of the City developing the Street Improvement
and Capital Improvement budgets for revenue and estimated costs.
3. The Finance Director developed revenue estimates for the 35 to 40
revenue sources of the City, some of which were coordinated with
Department Heads responsible for their generation and/or receipting,
eg. (business licenses, planning fees, checking fees, Municipal Court
revenue, etc.).
4. Budget guidelines, input and review were provided by the Mayor.
The operating margin has been calculated as an indication of operations
without the impact of capital projects. Generally, the margin represents the
scope of the difference between normal recurring .revenues and
expenditures. This difference can also be characterized as the
r
conservatism in estimating revenues and the historical pattern of operating
. less than, but very close to operating budgets.
Preliminary Budget for Street Project Status for 2013:
The preliminary budget for 2014 also includes estimated revenues and
costs for street improvement projects that are scheduled for completion in
2014, and the resultant estimated City match. The match also includes the
sources of revenues that are allocated to satisfy the match. Please note
that I have listed the two purchases of property scheduled for 2014 in the
Capital Improvements Fund.
The Budget Committee will meet on October 171" to discuss and deliberate
over the 2014 Preliminary Budget. If you should have questions about the
status of the Budget or any items that you want the Budget Committee to
consider, please communicate these issues by contacting Mayor Lacy or
bring them up at the Council Meeting on October 8tn
--�a
Nick Gerde
Finance Director
Attachments: as noted
City of East Wenatchee, Washington
2014 Preliminary Budget Worksheet By Fund
•
2014 Preliminary Budget
Beginning
Add:
Less:
Balance
Budgeted
Budgeted
Jan 1, 2014
Revenue.
Expenditures
General Fund
2,236,769
6,357,954
6,672,577
Street Fund
75,437
723,500
753,250
CD Grants Fund
25,568
130,065
130,065
Library Fund
2,609
3,000
4,000
Hotel/Motel Tax Fund
44,002
38,400
25,000
Drug Fund
956
500
-
Criminal Justice Fund
24,841
14,400
-
Events Fund
13,304
125,350
134,550
-
Bond Fund
7,491
197,407
197,893
Sub -total from Operations
7,590,576
7,917,335
Street Improvements Fund
263,768
1,751,053
1,800,704
Capital Improvements Fund
446,105
472,000
791,000
Sub -total from Capital Projects
2,223,053
2,591,704
ER&R Fund
7,331
-
-
Trans Benefit District Fund
62,552
185,000
128,000
Ending
Balance
Dec 31, 2014
1,922,146
45,687
25,568
1,609
57,402
1,456
39,241
4,104
7,005
214,117
127,105
7,331
119,552
Total 3,210,733
9,998,629 10,637,039 2,452,771
Reconciliation Schedule:
Results from Operations Revenue
7,590,576
Expenses
7,917,335
Deficit
(326,759)
Allocation of Property Taxes to Capital
650,000
• Adjusted Operating Margin
323,241
I
CITY of EAST WENATCHEE
2014 BUDGET YEAR
•
STREET PROJECTS - PRELIMINARY BUDGET
BUDGETED
ESTIMATED
CITY
PROJECT
COST - 2013
REVENUE
MATCH
9TH STREET PRESERVATION
544,848
471,293
(73,555)
15TH STREET PRESERVATION
287,156
248,390
(38,766)
FRENCH STREET IMPROVEMENTS
425,000
195,160
(229,840)
CITY-WIDE SAFETY PROJECT
225,000
225,000
-
VMP GRANT TO 9TH - ENGR
100,000
86,500
(13,500)
TRAFFIC SIGNAL 9TH & VMP ENGR
54,000
46,710
(7,290)
TBD RESIDENTIAL STREET PROJECT
128,000
128,000
-
KENROY PARK N. JAMES PROJECT
26,700
-
(26,700)
•
PED/CYCLE ACCESS LOOP TRAIL
10000
-
(10,000)
VMP FACADE PROJECT
30000
-
(30,000)
�J
Sub - Total 1,830,704 1,401,053
PROPERTY TAX ALLOCATION SUPPORT
111►D11.7-3 e\01 Z010c
CAPITAL IMPROVEMENT PROJECTS:
WSDOT PROPERTY PURCHASE 370,000
GATEWAY PROPERTY PURCHASE 391,000
(429,651)
(49,651)
r
From:
City of East Wenatchee
Send Bill and Affidavit of Publication
To:
Teresa Allen
Office of the City Clerk
Finance Department
271 9th Street NE
City of East Wenatchee
East Wenatchee, WA 98802
271 9th Street NE
East Wenatchee, WA 98802
Date:
09/24/201 3
From:
Dana Barnard
To:
Legal Advertising
E-Mail:
dbarnard@east-wenatchee.com
Company:
Wenatchee World
Phone:
509-884-951 5
Subject:
Notice of Public Hearing
Publish:
September 27, 2013
Pages
1 x
PLEASE CONFIRM RECEIPT OF THIS E-MAIL
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT the East Wenatchee City Council and the Douglas County Board of Commissioners will
hold a joint special meeting on Tuesday, October 8, 2013 to conduct a public hearing beginning at 6:00 PM at the East
Wenatchee City Hall, Council Chambers, 271 9th St. NE, East Wenatchee, Washington to consider the following proposals
relating to the Surface and Storm Water Management Utility Codes for the City and County:
A. Amendment to Douglas County Code (DCC) sections: DCC 19.40.210(C)(1) to update the code to reflect the
current service charge per equivalent service unit (ESU).; DCC 19.40.210(E) to modify the effective date of
service charge credits; DCC 19.40.220 (A), (B), and (D) to modify billing date, due date and date of delinquency
of the service charge.
• B. Amendment to East Wenatchee Municipal Code (EWMC) sections: EWMC 13.10.210 (C)(1) to update the code
to reflect the current service charge per equivalent service unit (ESU).; EWMC 13.10.210(C)(2)(e) to modify the
effective date of service charge credits; EWMC 13.10.220 (A), (B), and (D) to modify billing date, due date and
date of delinquency of the service charge.
The public is invited to attend the public hearing, at the date, time, and location noted above, and provide comment on the
proposals described above. Materials pertaining to the proposal under consideration may be reviewed, during regular
business hours, at the office of the East Wenatchee Public Works Department, 271 9th St. NE, East Wenatchee, WA, 98802,
Phone 509.884.1829 or the Douglas County Department of Transportation and Land Services, 140 191h St. NW, Suite A, East
Wenatchee WA 98802, Phone 509.884.7173.
•
Page 1 of 1
SIGN IN ONLY IF YOU WISH TO MAKE COMMENTS DURING THE PUBLIC HEARING
0 A PUBLIC HEARING
Residents of East Wenatchee and other interested parties are invited to
comment on amendments to the East Wenatchee Municipal Code
Sections: 13.10.210(C)(1) to update the code to reflect the current service
charge per equivalent service unit; Section 13.10.210(C)(2)(e) to modify
the effective date of service charge credits; Section] 3.10.220(A), (B), and
(D) to modifv billina date. due date and delinauencv of service charae.
Storm Water October 8, 2013
PRINT NAME SIGNATURE ADDRESS
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9
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COUNCIL AGENDA BILL #
PRESENTER:
POSITION:
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
13-10-01 AGENDA ITEM # 1
Brandon Mauseth
Associate Engineer
AGENDA DATE: October 8, 2013
DEPARTMENT: Public Works
TITLE:
First reading of an Ordinance of the City of East Wenatchee updating the billing procedures for its
Stormwater Utility by amending portions of Chapter 13.10 of the East Wenatchee Municipal Code
BACKGROUND/HISTORY:
On September 24, 2013, City Council approved Resolution No. 2013-17 amending an existing Interlocal
Agreement with the Douglas County Treasurer to perform billing and collection services on behalf of the City
for our Stormwater Utility.
The proposed ordinance will amend the City's East Wenatchee Municipal Code (EWMC), Chapter 13.10
Surface and Storm Water Management Utility Code to reflect those revisions. Please refer to the attached
ordinance for specific language changes.
The specific updated sections of the EWMC are;
13.10.060 Authority and powers
13.10.110 Development Standards
Reference to East Wenatchee Municipal Code
13.10.210 Rates and charges
C. Service Charges, Credits and Exemptions
1. Service Charges. (Following approved increase in 2009)
2. Credits
d. Reference to East Wenatchee Municipal Code
e. Effective date of service charge credit
13.10.220 Billing practices, refunds and collection.
A. Billing Date
B. Due Date
D. Penalties and Interest on Delinquency
13.10.310 Enforcement
13.10.330 Implementation
A
Page 1 of 2
•
0
•
EXHIBITS:
• Ordinance No. 2013-07
RECOMMENDED ACTION:
• Elevate the Ordinance to second reading and adopt the Ordinance.
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
ACTION TAKEN:
Motion Made By:� eC
Councilmember Collings
Councilmember Johnson
Councilmember McCourt
Councilmember Barnhart
Passed: Failed:
Second By:tC
Councilmember Raab
Councilmember Buckner
Councilmember Detering
Mayor Lacy (in case of tie)
Page 2 of 2
City of East Wenatchee, Washington
Ordinance No. 2013-07
An Ordinance of the City of East Wenatchee
updating the billing procedures for its
Stormwater Utility by amending portions of
Chapter 13.10 of the East Wenatchee Municipal
Code.
1. Alternate format.
1.1. Para leer este documento en otro formato (espanol,
Braille, leer en voz alta, etc.), pongase en contacto con
el vendedor de la ciudad al alternatformat@east-
wenatchee.com, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format
(Spanish, Braille, read aloud, etc.), please contact the
City Clerk at alternateformat@east-wenatchee.com, at
• (509) 884-9515, or at 711 (TTY).
2. Authority. RCW 35A.11.020 and RCW 35A.12.190
authorize the City Council to adopt ordinances of all kinds
to regulate its municipal affairs and appropriate to the
good government of the City.
THE CITY COUNCIL OF THE CITY OF EAST
WENATCHEE DO ORDAIN AS FOLLOWS:
3. Amendment. The City Council amends Chapter 13.10 of
the East Wenatchee Municipal Code as set forth in
Exhibit A.
4. 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.
5. 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.
• City of East Wenatchee
Ordinance 2013-07
Page 1 of 3
• 6. 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 this day of
, 2013.
The City of East Wenatchee,
Washington
By
Steven C. Lacy, Mayor
Attest:
Dana Barnard, City Clerk
Approved as to form only:
Devin Poulson, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Published: _
Effective Date:
• City of East Wenatchee
Ordinance 2013-07
Page 2 of 3
•
Summary of Ordinance No. 2013-07
Of the City of East Wenatchee, Washington
On the day of
, 2013, the City
Council of the City of East Wenatchee, Washington approved
Ordinance No. 2013-07, the main point of which may be
summarized by its title as follows:
An Ordinance of the City of East Wenatchee
updating the billing procedures for its
Stormwater Utility by amending portions of
Chapter 13.10 of the East Wenatchee Municipal
Code.
Upon request, the City will mail a full text of this Ordinance.
Dated this day of , 2013.
Dana Barnard, City Clerk
• City of East Wenatchee
Ordinance 2013-07
Page 3 of 3
Ordinance No. 2013-07 Exhibit A
• Chapter 13.10
SURFACE AND STORM WATER MANAGEMENT UTILITY CODE*
Sections:
13.10.010 Title.
13.10.020 Findings.
13.10.030 Purpose.
13.10.040 Definitions.
13.10.050 Utility creation.
13.10.060 Authority and powers.
13.10.070 Utility program elements.
13.10.080 Administration.
13.10.090 Program coordination.
13.10.100 Operations and maintenance.
13.10.105 Administrative support.
13.10.110 Development standards.
13.10.200 Funding.
13.10.210 Rates and charges.
13.10.220 Billing practices, refunds and collection.
13.10.225 Alternative collection procedure.
13.10.300 Inspection and right of entry.
• 13.10.310 Enforcement.
13.10.320 Appeals.
13.10.330 Implementation.
*Prior legislation: Ord. 98-7.
13.10.010 Title.
This chapter shall be known as the "surface and storm water management utility code" and shall
be referred to in this chapter as the "code." (Ord. 99-8 § 1, 1999)
13.10.020 Findings.
A. Surface water and storm water runoff and drainage within the service area must be controlled
in a manner that mitigates damage to property, erosion of soil and restriction of natural or
manmade watercourses due to unrestricted sedimentation.
B. The current level of funding available to the city for surface water and storm water
management is not adequate to meet current and future needs to protect lives and private and
public property from damage.
C. Existing surface water and storm water runoff and drainage facilities must be adequately
maintained, operated and replaced through a funding program that is fair and equitable.
•
Ordinance No. 2013-07 Exhibit A
• D. All developed real property within the service area contributes runoff that impacts the surface
water and storm water management system and should participate financially in the
development, operation, maintenance, operation and administration of the surface and storm
water management system.
E. The extent of a parcel's impervious surfaces and rate of surface water and storm water runoff
from such parcel are primary factors determining the parcel's contribution to flow rate and
quantity of runoff and impacts upon the surface water and storm water management system.
(Ord. 99-8 § 1, 1999)
13.10.030 Purpose.
The purpose of this code is to promote and protect the public health, safety, and welfare by
establishing a comprehensive approach to surface and storm water management pursuant to
Chapter 35.67 RCW. This code seeks to protect life and property from storm, waste, flood and
surplus surface waters; to protect water quality by preventing siltation, contamination and
erosion of waterways; to protect aquifers; to protect fish; to assure compliance with federal and
state surface water management and water quality requirements; to increase public education
and citizen involvement; and to encourage the preservation of natural drainage systems. (Ord.
99-8 § 1, 1999)
13.10.040 Definitions.
The following definitions shall apply throughout this code:
A. "Administrator" means the East Wenatchee city engineer or designee.
B. "Basin plan" means a plan and all implementing regulations and procedures including but not
limited to capital projects, public education activities, land use management regulations adopted
by ordinance for managing surface and storm water quality and quantity management facilities
and features within individual subbasins.
C. "Best management practices" or "BMPs" means physical, structural, and/or management
practices that, when used singly or in combination, prevent or reduce pollution of water.
D. "CIP" means the storm and surface water management capital improvement plan adopted by
the city and county.
E. "City" means the area within the city of East Wenatchee, Washington.
F. "City council" means the legislative authority of the city.
G. "CFHMP" means the 1995 Douglas County Comprehensive Flood Hazard Management Plan, as
may be amended, adopted by the city and county pursuant to Chapter 86.26 RCW.
0
Ordinance No. 2013-07 Exhibit A
H. "Comprehensive plan" means the Douglas County Comprehensive Flood Hazard Management
Plan.
I. "County" means the unincorporated areas of Douglas County, Washington.
J. "Detention" means the short-term storage of surface water and storm water drainage runoff
that is collected and then released at a predetermined rate.
K. "Developed" means a parcel that has impervious surface area.
L. "Duplex" means one building containing not more than two dwelling units permitted and/or
used to house not more than two families living independently of each other and including all
necessary household functions of each such family.
M. "Engineer" means a professional civil engineer, currently licensed by the state of Washington.
N. "Equivalent service unit" or "ESU" means 2,750 square feet of impervious surface area.
O. "Facility" or "facilities" means any facility, improvement, development, property or interest
therein, that is made, constructed or acquired for the purpose of controlling, or protecting life or
property from, any storm, waste, flood or surplus waters wherever located within the county or
city.
P. "Gravel" means all graveled surfaces available for use as roads, driveways or other access
ways for vehicular traffic, vehicle parking, storage, and staging and holding areas.
Q. "Highways" means all impervious ways, lanes, roads, streets, boulevards and/or places open
as a matter of right to public vehicular travel.
R. "Impervious surface" means the horizontally projected surface area of all nonvertical surfaces,
including all buildings, manufactured units or other structures, and the surface area of all
asphalt, concrete, gravel, oil mat, bituminous or other finished surfaces.
S. "Interlocal agreement" means the Interlocal Cooperation Agreement between Douglas County
and City of East Wenatchee for Storm and Surface Water Management, the execution of which
was authorized by the Douglas County board of commissioners by Resolution No. 98-12 adopted
on March 17, 1998, and the execution of which was authorized by the city council of the city of
East Wenatchee by Resolution No. 98-003 adopted on March 16, 1998, and all amendments,
modifications, and clarifications to this agreement.
T. "Management team" means the committee established by the interlocal agreement between
the city and the county, as now exists or may be hereafter amended.
isU. "Natural waters." [Reserved].
r
Ordinance No. 2013-07 Exhibit A
V. "Obligation" or "obligations" means those loans, bonds, warrants, or other indebtedness
issued or obtained to own, operate or maintain facilities.
W. "Owner" or "owner of record" means all persons or entities holding fee title to land by a
recorded deed or holding title as the purchaser under a recorded real estate contract.
X. "Parcel" means a state, county or city public right-of-way, or a unit of land segregated for tax
purposes.
Y. "Retention" means the long-term storage of surface water and storm water drainage runoff
that is collected and released into the ground by means of percolation and/or into the air by
evaporation.
Z. "Service" means storm and surface water control and disposal facilities, improvements,
operations and maintenance, including all related planning and administration furnished within
the service area.
AA. "Service area" means the area within the incorporated limits of the city of East Wenatchee,
Douglas County, Washington.
BB. "Service charge" means the charge levied on a parcel pursuant to this code.
• CC. "System" means the entire system of surface water and storm water management facilities.
DD. "Undeveloped parcel" means a parcel that has no impervious surface area.
EE. "Utility" means the surface and storm water management utility created by this code.
FF. "Watershed action plan" means a local watershed planning process to identify the problems,
needs, and action steps to reduce nonpoint pollution, enhance water quality, and protect
beneficial uses. (Ord. 10-10 § 3, 2010; Ord. 02-12 § 1, 2002; Ord. 99-8 § 1, 1999)
13.10.050 Utility creation.
A surface and storm water management utility is hereby created and established to implement
comprehensive surface and storm water management within the service area. (Ord. 99-8 § 1,
.x,
1999)
13.10.060 Authority and powers.
The utility shall have theaLithe sSubject to approval by the city council, the utility may
exercise all lawful powers necessary and appropriate for the construction, purchase,
condemnation, acquisition, maintenance, management, operation and regulation of surface
water and storm water runoff and drainage systems, including without limitation, all lawful
powers to fix, alter, regulate and control the rates, charges and conditions for the use thereof.
(Ord. 99-8 § 1, 1999)
Ordinance No. 2013-07 Exhibit A
13.10.070 Utility program elements.
The utility shall establish a program that includes the following elements: basin and watershed
planning, education, capital improvements, operations and maintenance, monitoring, source
control, and fish protection.
A. Basin and Watershed Planning. Develop, coordinate, and implement basin and watershed
action plans to control surface and storm water runoff in the city.
B. Education. Develop and implement a program to educate the public about land use and
human activities that impact water quality and surface water management and develop citizen
involvement programs to monitor streams and implement restoration programs consistent with
approved basin and watershed action plans.
C. Capital Improvements. Develop a six -year capital improvement program, which defines the
utility's activities related to the acquisition, construction, replacement, or renovation of facilities
or equipment needed to address surface and storm water management objectives. The utility
shall submit the capital improvement program to the city council for review and approval and
shall annually submit a plan and budget for implementation.
D. Operations and Maintenance. Develop and implement an operations and maintenance
program, including inspection and enforcement, to assure that public facilities are functional and
effective. The utility shall only operate and maintain publicly owned facilities.
E. Source Control. Develop and implement a source control program to improve water quality.
The source control program shall reduce herbicide and pesticide usage, strengthen on -site
sewage system connections, moderate risk waste control and wellhead protection programs, and
strengthen the use of BMPs. The utility may provide financial assistance through low interest
loans, grants, and cost sharing for the restoration of streams, repair of on -site sewage disposal
systems, and agricultural practice improvements.
F. NPDES Municipal Storm Water Permit Compliance. Development, implementation and
administration of a storm water management program in compliance with the Department of
Ecology Phase II municipal storm water permit including annual reporting as required to the
Washington State Department of Ecology. Minimum program elements include:
1. Public Education and Outreach. Distribution of educational materials to the community
about the impacts of storm water discharges to water bodies and steps the public can
take to reduce pollutants in storm water.
2. Public Involvement and Participation. Create and provide opportunities for the public
to provide input regarding development and implementation of the storm water
program.
0
Ordinance No. 2013-07 Exhibit A
• 3. Illicit Discharge Detection and Elimination. Detection and elimination of non -storm
water discharges to the storm water system.
4. Construction Site Storm Water Runoff Control. Reduce pollutants in storm water from
construction activities.
5. Post -Construction Storm Water Management for New Development and
Redevelopment. To ensure that controls to prevent or minimize water quality impacts
are in place.
6. Pollution Prevention and Good Housekeeping for Municipal Operations. Operation and
maintenance procedures to reduce pollutant runoff from municipal operations. (Ord. 09-
20 § 3, 2009; Ord. 02-12 § 2, 2002; Ord. 99-8 § 1, 1999)
13.10.080 Administration.
The East Wenatchee Public Works department administers the utility
administered by the East W -.4.-L..-e .-4.-eet .,,.....,_t ffi,-f9t. The administrator has aFid the ty
eRgiReeF shall have the authority to implement the program as provided in this code. No
provision of this code shall prevents the county, other city departments, or special districts from
adopting, administering, or enforcing other ordinances and regulations to protect surface and
storm water quality not in conflict with the provisions of this code. (Ord. 10-10 § 4, 2010; Ord.
is 02-12 § 3, 2002; Ord. 99-8 § 1, 1999)
13.10.090 Program coordination.
The utility shall coordinate surface and storm water management programs and services by
forming interlocal or operating agreements with other departments, governmental entities or
special districts in order to achieve a comprehensive approach to surface water management.
The utility shall endeavor to eliminate or reduce duplication and to achieve maximum program
benefits in the most cost efficient manner. The administrator must eit; ctFeet sHperiRteFid nt
shall annually submit an operating plan, budget and written report to the city council for review
and approval. (Ord. 99-8 § 1, 1999)
13.10.100 Operations and maintenance.
The city of East Wenatchee shall operate and maintain the utility in accordance with the terms of
the interlocal agreement. (Ord. 99-8 § 1, 1999)
13.10.105 Administrative support.
The utility shall pay reasonable administrative support services provided by the county assessor,
county treasurer, county prosecuting attorney, any city department, city attorneys, or city
engineer based upon actual costs and as approved by the management team. (Ord. 99-8 § 1,
1999)
• 13.10.110 Development standards.
i
Ordinance No. 2013-07 Exhibit A
• The provisions of East Wenatchee Municipal Code Chapter 13.30
20.34 as the same exists ner- , h.-..-eafteF be amended are by this reference made a part of
this code as if set forth in full herein. (Ord. 99-8 § 1, 1999)
13.10.200 Funding.
The utility shall be funded by rates and service charges. The utility and any participating
municipality, agency, department or special district may solicit additional funds through grants or
loans, in order to supplement program funding. All utility funds shall be deposited into a special
fund with the Douglas County treasurer designated as the "Joint Operating Fund of the Greater
East Wenatchee Storm Water Utilities" maintained by the county treasurer. (Ord. 99-8 § 1,
1999)
13.10.210 Rates and charges.
A. Rate Structure Policy. The utility rate structure shall be based upon the amount of impervious
surface area within each parcel, as measured and established by this chapter.
B. ESU Standards and Calculations. The service charge levied against a parcel shall be based
upon the ESUs contained within such parcel as of January 1st each year. The following ESU
standards and calculations shall apply within the service area:
1. A detached single-family residence shall equal one ESU.
0 2. A duplex shall equal one ESU.
3. A triplex or fourplex shall equal two ESUs.
4. For all other parcels, the ESUs shall be calculated by dividing the total area in square
feet of impervious surfaces by 2,750 square feet and rounding the quotient to the
nearest whole number; provided, that no developed parcel shall contain less than one
ESU.
5. Undeveloped parcels shall not contain an ESU.
6. Changes to impervious surfaces or development of a previously undeveloped parcel
shall not affect the parcel's ESU standard or calculation until January 1st of the year
following commencement of construction of the changes.
C. Service Charges, Credits and Exemptions.
1. Service Charges. A service charge of 45.00$35-98 per ESU shall be levied annually
against each developed parcel within the service area. The se Fyiee ch- Fge sh-,II OREFease
ECES1�� aFy 1, Mil.
9
Ordinance No. 2013-07 Exhibit A
• 2. Credits. Parcels having storm water facilities that are designed, constructed and
maintained to the standards of Douglas County Code Chapter 20.34, as the same exists
now or may hereafter be amended, shall be entitled to a credit using the following
formula:
a. For facilities that are a combination of public facilities and private facilities, the
owner may be eligible to receive a service charge credit equal to 20 percent of the
service charges levied against such parcel.
b. Facilities that are entirely located on private property and maintained privately
shall be eligible for a service charge credit equal to 50 percent of the service
charges levied against such parcel.
c. Parcels having facilities designed as multiple -use facilities shall be entitled to an
additional service charge credit equal to five percent of the service charges levied
against such parcel.
d. To qualify for a service charge credit:
i. The owner must provide documentation from an engineer retained by the
owner at the owner's expense that the facilities are designed and constructed
. in accord with the standards of East Wenatchee Municipal Code Chapter
13. . .30-Deuglas Geunty Cede GhapteF 20,34, all facilities have been properly
maintained in accordance with East Wenatchee Municipal Code Chapter
13. - .30-Deuglas Geunty Gede GhapteF 20.34, and that the facilities are capable
of accommodating all surface water and storm water generated by the design
storm specified in East Wenatchee Municipal Code Chapter 13.30as
,
ii. The owner must sign a right of entry and inspection agreement that grants
the county and city the right to enter onto the parcel to inspect the facilities
and verify all information submitted by the owner's engineer;
iii. The owner's documentation and engineer's information shall be verified and
approved by the city; and
iv. When requesting credit for multiple use facilities, the owner must provide
documentation that the facilities have been dedicated to and accepted for
public use.
e. The service charge credit shall become effective on December 315c
and applicable to the following service charge billing; provided,
that all requirements are completed prior to October 1st of the current year.
•
Ordinance No. 2013-07 Exhibit A
• 3. Exemptions.
a. An owner currently residing on the owner's single-family residence parcel who
qualifies for the senior citizen exemption provided for in RCW 84.36.381 applicable
to real property taxes shall be exempt from the service charges.
b. An owner of property that donates an easement or right-of-way to the city of
East Wenatchee storm water facilities shall be eligible for an exemption from the
service charge for development existing at the time the donation occurs. The
exemption shall not apply to development that occurs following the donation. (Ord.
09-20 § 4, 2009; Ord. 02-12 § 4, 2002; Ord. 99-8 § 1, 1999)
13.10.220 Billing practices, refunds and collection.
A. Billing Date. Service charges shall be billed by March of each year.
B. Due Date. Service charges shall be due and payable to Douglas County on or before April 30tn
August 3 of the year billed and are delinquent thereafter.
C. Refund, Credit and Adjustment Requests. The administrator or his/her designee may authorize
a refund, credit, or other adjustment of a service charge determined to be the result of an error,
miscalculation, or mistake upon receipt of a request from the owner. The owner's request shall
• be in writing and clearly state the nature and basis of the request. The administrator or his/her
designee shall investigate the request and determine if a service charge refund, credit or other
adjustment is due. The administrator's or his/her designee's determination shall be in writing and
clearly state the basis for authorizing or denying the request. The administrator's or his/her
designee's determination shall be issued and mailed to the owner within 60 days after receipt of
the request. The administrator or his/her designee may not authorize any request for a refund,
credit or adjustment that is received more than one year after the date the service charge was
billed. The amount of any refund, credit or adjustment authorized by the administrator or his/her
designee shall not include any interest.
D. Penalties and Interest on Delinquency. Service charges not paid by April 30th ^.«~ "=} of
the year billed shall be delinquent. The city adopts the alternative lien procedure provided by
RCW 35.67.215. Delinquent service charges shall bear interest at the rate of eight percent per
annum from the date due until paid.
E. Liens. Pursuant to RCW 35.67.215 and Chapter 35.67 RCW, the city shall have a lien for
delinquent service charges, interest and penalties against the parcel that is the subject of the
service charge billed. The lien shall be superior to all other liens and encumbrances, except
general taxes and local and special assessments of the county. The lien shall be effective for a
total not to exceed one year's delinquent service charges without the necessity of any writing or
recording of the lien with the county auditor. The administrator or his/her designee shall
0
Ordinance No. 2013-07 Exhibit A
• periodically certify delinquencies to the county auditor, at which time the liens shall attach. (Ord.
02-12 § 5, 2002; Ord. 2000-13 § 1, 2000; Ord. 99-8 § 1, 1999)
13.10.225 Alternative collection procedure.
As an alternative to the procedure set forth in EWMC 13.10.220 and 13.10.310, the city may
attempt collection of delinquent service charges, interest, and penalties through a private
commercial collection business. In the event the city pursues collection pursuant to this
alternative procedure, the city may terminate this alternative collection effort at any time and
utilize the procedures set forth in EWMC 13.10.220 and 13.10.310. (Ord. 02-12 § 6, 2002)
13.10.300 Inspection and right of entry.
Whenever it becomes necessary to examine the surface and storm water management
characteristics of or improvements to a particular parcel for the purposes of implementing or
enforcing this code, the administrator or his/her designee may enter upon any parcel at
reasonable times in accordance with the following procedures:
A. If such parcel is occupied, the administrator or his/her designee shall present identification
credentials, state the reason for entry, and request entry.
B. If such parcel is unoccupied, the administrator or his/her designee shall locate the owner or
other person having charge or control of the property, state the reason for the entry and request
• entry.
C. Unless the owner or person in control of such parcel consents to entry, the administrator or
his/her designee, prior to entry, shall obtain a search warrant as authorized by the laws of the
state of Washington. (Ord. 99-8 § 1, 1999)
13.10.310 Enforcement.
Pursuant to Chapter 35.67 RCW, the city may commence a lien foreclosure action in the Douglas
County superior court. Costs associated with the foreclosure action, including but not limited to
advertising, title reports, and city and county personnel costs, shall be added to the lien upon
filing of the foreclosure action. In addition to the costs and disbursements provided by law, the
superior court may allow the city or the county a reasonable attorney's fee. The lien shall be
foreclosed in the same manner as the foreclosure of real property tax liens. (Ord. 99-8 § 1,
1999)
13.10.320 Appeals.
Any decision or determination of the administrator or his/her designee made pursuant to this
code may be appealed to the city of East Wenatchee board of adjustment as provided for in RCW
35A.63.110(4). The appeal shall be in writing signed by the appellant and be filed within 14 days
after issuance of the decision appealed, together with all applicable fees. The notice of appeal
shall contain a concise statement identifying the decision being appealed, the name and address
• of the appellant, the specific reasons why the decision of the administrator or his/her designee is
Ordinance No. 2013-07 Exhibit A
• erroneous, and the specific relief sought by the appellant. The appeal to the city of East
Wenatchee board of adjustment shall be an open record public hearing. An appeal of the decision
of the city of East Wenatchee board of adjustment shall be filed in the Douglas County superior
court within 21 days after the issuance of the decision or the decision of the city of East
Wenatchee board of adjustment shall be final. (Ord. 99-8 § 1, 1999)
13.10.330 Implementation.
The City authorizes and directs Tthe administrator, eity stFeet s.,peFi..tel9de 4, and the city
community development director aFe each alltheFmzed ,Rd direeted to establish administrative
policies and procedures to implement this code and as may be reasonable and necessary to
perform under the interlocal agreement. (Ord. 99-8 § 1, 1999)
•
0
COUNCIL AGENDA BILL*
PRESENTER: Lori Barnett
TITLE: Director
13-10-02
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
AGENDA ITEM #
AGENDA DATE:
DEPARTMENT:
October 8, 2013
Community Development
TITLE:
Public hearing regarding Ordinance 2013-06 adopted by the City Council on August 13, 2013 imposing a moratorium
on the establishment of certain marijuana -related facilities; defining certain marijuana -related terms, and entering
legislative findings.
BACKGROUND / HISTORY:
MORATORIUM ORDINANCE 2013-06
NOTICE OF PUBLIC HEARING
Notice is hereby given that the East Wenatchee City Council will conduct a public hearing at their October 8, 2013
meeting, beginning at 6:30 P.M. in the East Wenatchee City Hall Council Chambers, at 271 9th St. NE, East Wenatchee,
WA to consider the following:
On August 13, 2013 in accordance with the provision of RCW 35A.63.220, the City Council of the
City of East Wenatchee, Washington adopted Ordinance 2013-06 imposing a 6 month moratorium
on the establishment of certain marijuana -related facilities; defining certain marijuana -related terms,
and entering legislative findings. The City is required to hold a public hearing within 60 days of
adoption of an emergency moratorium.
All interested persons are encouraged to attend the public hearing, at the date, time, and location noted above, and to
provide written and/or oral comments. Address written comments in advance of the meeting to Dana Bamard, City
Clerk, at East Wenatchee City Hall, 271 91h Street NE, East Wenatchee, WA 98802. Phone 509.884.9515 and fax
509.886.6233 or via e-mail at dbamard@east-wenatchee.com. Materials pertaining to the proposal under consideration
may be reviewed at the City Clerk's Office in East Wenatchee City Hall during regular business hours. To obtain materials
in an alternate format, please contact the City Clerk at 509.884.9515.
It is the City of East Wenatchee's policy to assure that no person, with a disability or on the grounds of race,
color, national origin or sex, is excluded from participation in any city activity. We invite any person with special
needs, including handicap accessibility or interpreter services, to contact the City Clerk at 509.884.9515 at least 48
hours before the meeting to discuss any special accommodations which may be necessary. Citizens with hearing
impairments may call the Washington Relay Service TDD line at 800 833-6388.
EXHIBITS:
Ordinance 2013-06
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:
,� vp�- f -1,
Second By:
Councilmember Raab
Councilmember Buckner
Councilmember Detering
Mayor Lacy (in case of tie)
ern
City of East Wenatchee, Washington
Ordinance No. 2013-06
An Ordinance of the City of East Wenatchee
imposing a moratorium on the establishment of
certain marijuana -related facilities; defining certain
marijuana -related terms, and entering legislative
findings.
1. Recitals
1.1. The City of East Wenatchee ("City") is a non -charter code city,
duly incorporated and operating under the laws of the State of
Washington.
1.2. By recently amending Chapter 69.51A RCW, the legislature
expanded the scope of certain activities involving the use of
marijuana for medical purposes, including the ability of
"qualifying patients" to create and participate in "collective
gardens" for the purpose of producing, processing, transporting,
and delivering marijuana for medical use, subject to certain
conditions.
1.3. In 2012, the voters of the state of Washington passed Initiative
502.
1.4.I-502 authorizes the issuance of marijuana producer,
processor and retailer licenses, subject to the proviso that
retail sale and certain acts of producing and processing
marijuana in accordance with 1-502 and implementing
regulations shall not be a criminal or civil offense under
Washington state law, and subject to the further proviso that
no such license shall be issued shall not issue a license for any
premises within one thousand feet of the perimeter of the
grounds of any elementary or secondary school, playground,
recreation center or facility, child care center, public park,
public transit center, or library, or any game arcade
admission to which is not restricted to persons aged twenty-
one years or older.
• City of East Wenatchee
Ordinance 2013-06
Page 1 of 6
1.5. I-502 requires the Washington State Liquor Control Board
("WLCB") to adopt rules establishing the procedures and
criteria for the licensing and operation of marijuana producers,
processors and retailers by December 1, 2013.
1.6. The WLCB has published proposed rules.
1.7. Marijuana production, processing and retailing uses and
facilities authorized by Initiative 502 must be addressed in the
City's zoning code, but the impacts of these uses are still largely
unknown, and the regulations that the City will need to address
are uncertain pending the WLCB's formal adoption of licensing
regulations and procedures.
1.8. The City Council deems it in the public interest to impose a
moratorium for a period of six months in order to investigate
this issue further and obtain regulatory clarity and guidance
from the WLCB's rules.
2. Authority. RCW 35A.11.020 and RCW 35A.12.190 authorize the
City Council to adopt ordinances of all kinds to regulate its
municipal affairs and appropriate to the good government of the
City.
40 THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO
ORDAIN AS FOLLOWS:
3. Definitions. As used in this ordinance, the following terms have
the definitions set forth below:
3.1. "Marijuana" or "marihuana" means all parts of the plant
Cannabis, whether growing or not, with a THC concentration
greater than 0.3 percent on a dry weight basis; the seeds
thereof, the resin extracted from any part of the plant; and
every compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds or resin. The term does not
include the mature stalks of the plant, fiber produced from the
stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or
preparation of the mature stalks (except the resin extracted
therefrom), fiber, oil, or cake, or the sterilized seed of the plant
which is incapable of germination.
City of East Wenatchee
Ordinance 2013-06
Page 2 of 6
3.2. "Marijuana processor" means a person licensed by the state
liquor control board to process marijuana into useable
marijuana and marijuana -infused products, package and
label useable marijuana and marijuana -infused products for
sale in retail outlets, and sell useable marijuana and
marijuana -infused products at wholesale to marijuana retailers.
3.3. "Marijuana producer" means a person licensed by the state
liquor control board to produce and sell marijuana at wholesale
to marijuana processors and other marijuana producers.
3.4. "Marijuana -infused products" means products that contain
marijuana or marijuana extracts and are intended for
human use. The term "marijuana -infused products" does not
include useable marijuana.
3.5. "Marijuana retailer" means a person licensed by the state
liquor control board to sell useable marijuana and marijuana -
infused products in a retail outlet.
4. Moratorium. As allowed by RCW 35A.63.220 and RCW
36.70A.390, the City Council enacts a zoning moratorium
prohibiting the acceptance, processing, or approval of any license,
• permit, or other ministerial or discretionary approval authorizing
the licensing, establishment, maintenance, or continuation of
any use of property by a marijuana producer, marijuana
processor, or marijuana retailer, or for use by any person for the
production, processing, and/or retailing of marijuana.
5. Marijuana Production, Processing and Retailing
Prohibited. Pursuant to the moratorium imposed in Section
4, marijuana production, processing and retailing as defined in
Section 3 are hereby designated as prohibited uses in the
City of East Wenatchee while this ordinance is in effect. In
accordance with the provisions of RCW 35A.82.020, the City will
not issue a business license to any person for marijuana
production, processing or retailing, and any permits issued for
any of these uses in error or based on a vague and/or misleading
application description during this moratorium are null and
void, and without legal force or effect.
City of East Wenatchee
Ordinance 2013-06
Page 3 of 6
6. Refer for Review to Planning Commission. Upon receipt of
sufficient information or guidance on this issue, the City Council
must identify an appropriate time to refer the issue to the East
Wenatchee Planning Commission for review and
recommendations.
7. Transmittal. As required by RCW 36.70A.106, the City Council
directs the City Clerk to transmit this interim Ordinance to the
Washington State Department of Commerce.
8. Recitals Adopted as Findings of Fact. The City Council
adopts as its preliminary findings of fact the recitals set forth
above. The Council may adopt additional findings in the event
that additional public hearings are held or evidence is presented
to the City Council.
9. 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.
10.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.
11.Effective Date. This Ordinance becomes effective five days after
the date its summary is published. To remain in effect, however,
the City Council must hold a public hearing regarding this
Ordinance within 60 days.
Passed by the City Council of East Wenatchee, at a regular meeting
thereof on this day of AALCi VA( , 2013.
CITY OF EAST WENATCHEE, WASHINGTON
By
Ste
City of East Wenatchee
Ordinance 2013-06
Page 4 of 6
. ATTEST:
0
Dana Barnard, City Clerk
as to form only:
41
Sevin Poulson, City Attorney
Filed with the City Clerk: 13
Passed by the City Council:
Published: l I
Effective Date:
City of East Wenatchee
Ordinance 2013-06
Page 5 of 6
• Summary of Ordinance No. 2013-06
Of the City of East Wenatchee, Washington
On the Illb day of )' )2013,
the City Council of the City of East Wenatchee, Washington approved
Ordinance No. 2013-06, the main point of which may be summarized
by its title as follows:
An Ordinance of the City of East Wenatchee
imposing a moratorium on the establishment of
certain marijuana -related facilities; defining certain
marijuana -related terms, and entering legislative
findings.
Upon request, the City will mail a full text of this Ordinance.
Dated this e day of L4 2013.
61-�
Dana Barnard, City Clerk
City of East Wenatchee
Ordinance 2013-06
Page 6 of 6
4
City of East Wenatchee
Community Development Department
271 - 9T" STREET NE (D EAST WENATCHEE, WA 98802
E-mail Transmittal
Date:
To:
9/23/2013
Le al Ads From: Lori Barnett
Company-
Wenatchee World
Phone:
509.884.5396
E-mail. Ibarnett@east-wenatchee.com
Subject:
Notice of Public Hearing City Council
Please publish the following notice once on: September 26, 2013
Please send bill and affidavit of publication to: Teresa Allen
Finance Department
City of East Wenatchee
271 9th Street NE
East Wenatchee, WA 98802
MORATORIUM ORDINANCE 2013-06
NOTICE OF PUBLIC HEARING
Notice is hereby given that the East Wenatchee City Council will conduct a public hearing at
their October 8, 2013 meeting, beginning at 6:30 P.M. in the East Wenatchee City Hall Council
Chambers, at 271 9th St. NE, East Wenatchee, WA to consider the following:
• On August 13, 2013 in accordance with the provision of RCW 35A.63.220, the
City Council of the City of East Wenatchee, Washington adopted Ordinance
2013-06 imposing a 6 month moratorium on the establishment of certain
marijuana -related facilities; defining certain marijuana -related terms, and
entering legislative findings. The City is required to hold a public hearing within
60 days of adoption of an emergency moratorium.
All interested persons are encouraged to attend the public hearing, at the date, time, and
location noted above, and to provide written and/or oral comments. Address written
comments in advance of the meeting to Dana Barnard, City Clerk, at East Wenatchee City
Hall, 271 91h Street NE, East Wenatchee, WA 98802. Phone 509.884.9515 and fax
509.886.6233 or via e-mail at dbarnard@east-wenatchee.com. Materials pertaining to the
proposal under consideration may be reviewed at the City Clerk's Office in East Wenatchee
City Hall during regular business hours. To obtain materials in an alternate format, please
contact the City Clerk at 509.884.9515.
It is the City of East Wenatchee's policy to assure that no person, with a disability or on the
grounds of race, color, national origin or sex, is excluded from participation in any city activity.
We invite any person with special needs, including handicap accessibility or interpreter
services, to contact the City Clerk's at 509.884.9515 at least 48 hours before the meeting to
discuss any special accommodations which may be necessary. Citizens with hearing
impairments may call the Washington Relay Service TDD line at (800) 833-6388.
0
SIGN IN ONLY IF YOU WISH TO MAKE COMMENTS DURING THE PUBLIC HEARING
0 A PUBLIC HEARING
regarding Ordinance 2013-06 adopted by the City Council on August 13,
2013 imposing a moratorium on the establishment of certain marijuana -
related facilities; defining certain marijuana -related terms, and entering
legislative findings.
Marijuana moratoruim October 8, 2013
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Council Agenda Bill #
Presenter:
Position:
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
13-10-03
Devin Poulson
City Attorney
Agenda Item #
Agenda Date:
Department:
5
October 8, 2013
Legal
Title:
A Resolution of the City of East Wenatchee, Washington adopting the City of East
Wenatchee Policy for Compliance Regarding Americans with Disabilities Act of 1990
and Section 504 of the Rehabilitation Act of 1973
Background:
As required by the City's Voluntary Compliance Agreement, the City needs to adopt
a a policy to ensure compliance with the requirements of the ADA and Section 504.
Exhibits:
Resolution 2013-18.
Recommendation:
Staff recommends that the City Council move to approve the Resolution
Financial Data:
Expenditure Required Amount Budgeted Appropriation Required
$ N/A $ N/A $ N/A
Action Taken:
Motion Made By: 7�DUtCY-,Aq Qr_
Councilmember Collings
Councilmember Johnson
Councilmember McCourt
Councilmember Barnhart
Passed: Failed:
Second By: ct)
Councilmember Raab
Councilmember Buckner
Councilmember Detering
Mayor Lacy (in case of tie)
Page 1 of 1
City of East Wenatchee, Washington
Resolution No. 2013-18
A Resolution of the City of East Wenatchee, Washington
adopting the City of East Wenatchee Policy for Compliance
Regarding Americans with Disabilities Act of 1990 and
Section 504 of the Rehabilitation Act of 1973
1. Alternate format.
1.1. Para leer este documento en otro formato (espanol, Braille,
leer en voz alta, etc.), pongase en contacto con el vendedor de la
ciudad al alternateformat@east-wenatchee.com, al (509) 884-9515
o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish,
Braille, read aloud, etc.), please contact the City Clerk at
alternateformat@east-wenatchee.com, at (509) 884-9515, or at
• 711 (TTY).
2. Authority.
2.1. 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.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO
RESOLVE AS FOLLOWS:
3. Adoption. The City Council adopts the City of East Wenatchee Policy
for Compliance Regarding Americans with Disabilities Act of 1990
and Section 504 of the Rehabilitation Act of 1973 attached as Exhibit
A.
4. Severability. If a court of competent jurisdiction declares any
provision in this resolution to be contrary to law, such declaration
shall not affect the validity of the other provisions of this Resolution.
City of East Wenatchee
Resolution 2013-18
Page 1 of 2
r�
u
5. Effective date. This Resolution becomes effective immediately.
Passed by the City Council of East Wenatchee, at a regular meeting
thereof on this day of , 2013.
The City of East Wenatchee,
Washington
By
Steven C. Lacy, Mayor
Attest:
Dana Barnard, City Clerk
Approved as to form only:
Devin Poulson, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Effective Date:
City of East Wenatchee
Resolution 2013-18
Page 2 of 2
Resolution 2013-18 Exhibit A
•
0 Page 1 of 15
City of East Wenatchee
Policy for Compliance Regarding
Americans with Disabilities Act of 1990 and
Section 504 of the Rehabilitation Act of 1973
Adopted October 5, 2013
Resolution 2013-18
Resolution 2013-18 Exhibit A
Contents
• 1.
Alternate Format..............................................................................................................................3
2.
Subject Title.......................................................................................................................................
3
3.
Purpose.................................................................................................................................................3
4.
Organization Affected.....................................................................................................................
3
5.
References............................................................................................................................................3
6.
Definitions...........................................................................................................................................4
7.
Policies..................................................................................................................................................5
8.
Responsibilities..................................................................................................................................7
9.
ADA Grievances - Complaint Procedure................................................................................
7
10.
Section 504 - Compliance (Federal Grants)........................................................................
9
11.
Section 504 - Recipient Defined..............................................................................................
9
12.
Section 504 - Coverage..............................................................................................................10
13.
Section 504 - Prohibitions against Discrimination......................................................10
15.
Section 504 - Section 504 Coordinator Responsibilities.............................................13
16.
Section 504 - ADA Coordinator Responsibilities...........................................................14
• 17.
Section 504 Contractor Assurance Compliance
- of ......................................................14
18.
Section 504 - Notice to Participants and Applicants of Program ...........................14
19.
Section 504 - Complaints..........................................................................................................14
20.
Forms and Documents..............................................................................................................15
0 Page 2 of 15
Resolution 2013-18 Exhibit A
1. Alternate Format.
1.1. Para leer este documento en otro formato (espafiol, Braille, leer en voz alta,
etc.), pongase en contacto con el vendedor de la ciudad al
alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud,
etc.), please contact the City Clerk at alternateformat@east-wenatchee.com,
at (509) 884-9515, or at 711 (TTY).
2. Subject Title.
Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973
Compliance.
3. Purpose.
The City wishes to reaffirm its policy and practice that its physical facilities,
programs, services, and activities are accessible to members of the public,
including qualified individuals with disabilities.
4. Organization Affected.
4.1.Americans with Disabilities Act (ADA) — All City Departments, Divisions,
Offices and Agencies.
4.2. Section 504 of the Rehabilitation Act of 1973 — City departments
receiving federal funding for specified programs, services and activities.
5. References.
5. 1. Americans with Disabilities Act of 1990 (ADA).
5.2. Section 504 of the Rehabilitation Act of 1973, as amended (Section 504).
5.3. Chapters 2.42, 49.60, and 70.84 of the Revised Code of Washington (RCW).
5.4. Washington State Building Code: International Building Code as adopted
by the City.
5.5.Regulations promulgated under Section 504 include those by the U.S.
Departments of Agriculture (7 CFR 156), Education (34 CFR 104), Health
and Human Services (45 CFR 84), Justice (28 CFR 42), Interior (43 CFR 17),
Housing and Urban Development (24 CFR 8), Labor and Transportation
(49 CFR 27) implementing the ADA and Section 504 Requirements.
5.6. Regulations promulgated by Washington State agencies implementing
is
Page 3 of 15
Resolution 2013-18 Exhibit A
. state disability non-discrimination laws.
6. Definitions.
6.1. Barrier -free design: Design that gives users the opportunity for
movement without restriction. By using principles of barrier -free design,
people with disabilities can participate fully and avail themselves equally of
the opportunities to benefit from City programs and services.
6.2. Disability Transition Plan for Physical Facilities: A written plan updated
annually which outlines identified physical barriers and a schedule of
activities to remove those barriers and improve program accessibility. By
definition, a transition plan must contain:
6.2.1. Identify physical barriers that limit accessibility to city programs,
activities and services;
6.2.2. Outline of the methods the City will use to remove the barriers and
make the facility more accessible;
6.2.3. The schedule for the necessary steps to achieve improved compliance;
and
6.2.4. The name of the management staff responsible for the plan's
implementation.
6.3.Overall Program Accessibility: The ADA requires that programs as a whole
be accessible to people with disabilities, and requires the City to
account how the program's elements work together as a whole and how
services are delivered.
6.4. Qualified individual with disability: An individual with a disability who
meets the essential eligibility requirements for the receipt of services or the
participation in program or activities provided to the public by the City, with
or without reasonable modifications to rules, policies, or practices, the
removal of architectural or communication barriers, or the provision of
auxiliary aids and services. (Section 504 of the Rehabilitation Act of 1973, as
amended, 42 U.S.C. Section 12131 et seq., 28 CFR Part 35, the Americans
with Disabilities Act of 1990, and RCW 49.60).
6.5. Self -evaluation: The evaluation of policies, practices, and physical features to
identify potential barriers to accessibility and corrective actions to reduce or
eliminate those barriers.
6.6. Usability: Within facilities constructed before Congress passed the
ADA, some architectural elements may not meet current codes and
• Page 4 of 15
Resolution 2013-18 Exhibit A
• requirements for accessibility. If a barrier to access by people with
disabilities does not result, the facility is usable and complies with
this policy. In other cases, though requirements of the applicable laws,
codes, and regulations have been met, a barrier may exist to a
qualified individual with a disability. In such cases, it may be
necessary to modify the element in the facility to make the facility
usable by qualified individuals with disabilities providing that such
change and/or alteration do not result in an undue financial burden.
7. Policies.
7.1.As required by Title II of the ADA, the ADA's implementing regulations,
Section 504, WAC 51-50, and RCW 49.60 (collectively called the "disability
non-discrimination laws"), no qualified individual with a disability will, on
the basis of such a disability, be subjected to discrimination or be excluded
from participation in, or denied benefits of the services, programs, activities
or physical facilities which the City provides to the public.
7.2.All City departments and employees must comply with the provisions of
the disability non-discrimination laws regarding access applicable to
programs, activities, services, and physical facilities.
7.3.To the extent possible, the City will ensure that physical facilities are
is usable by qualified individuals with disabilities. Where physical facilities
cannot be made usable, the City will ensure that overall program
accessibility.
7.4.Physical facilities owned by City must comply with the applicable
regulations on barrier -free design and physical accessibility.
7.5.If the City constructs new facilities, the facilities must comply with
applicable regulations on barrier -free design and physical accessibility.
7.6.If the City renovates existing facilities, the renovated facilities must comply
with applicable regulation on barrier -free design and physical accessibility.
7.7. The City will hold public meetings will be held at accessible locations and in
such a manner that qualified people with disabilities are able to fully
participate.
7.8.The City may not discriminate against qualified people with disabilities in
participation on boards, commissions, or on advisory and planning
committees.
7.9.All City offices and programs are accessible to users of TTYs
Is Page 5 of 15
Resolution 2013-18 Exhibit A
• (teletypewriters) by using the Washington Relay Service.
7.10. The City must provide written notice on all documents distributed to
the public on how to request alternate formats. At a minimum, the notice
must state, "For alternative formats, contact the City of East Wenatchee
City Clerk — 271 9th St. NE, East Wenatchee, WA (509) 884-9541; 711 (TTY)
email: alternativeformat@east-wenatchee.com.
7.11. The City will afford individuals with disabilities accompanied by
service animal's access to all City facilities, programs, services, and activities
as are open to other members of the public, unless the service animal's
presence or behavior creates a fundamental alteration to the program or
service being provided or presents a direct threat to safety. In addition, as
a matter of policy, not compliance, City will afford access to individuals and
their accompanying services animals -in -training will be subject to the
conditions and limitations established by law and applicable to individuals
with disabilities and their service animals.
7.12. Upon advance request, the City will take reasonable steps to
furnish appropriate auxiliary aids and services (e.g., assistive listening
devices, sign language interpreters, Braille) to afford a qualified individual
with a disability an equal opportunity to participate in and enjoy the
benefits of the City's services, programs, activities, and physical facilities.
Primary consideration will be given to the requests of the qualified
individual with a disability unless another equally effective accommodation
is available, or the use of the means requested would result in a
fundamental alteration of the service, program, and activity or in undue
financial or administration burden.
7.13. All City contractors, except contractors providing tangible goods,
must comply with Section 504/ADA Disability Assurance of Compliance,
unless an accessibility waiver is obtained.
7.14. All City departments administering Section 504 contracts whereupon
the contractor, other than another government entity, provides programs,
services, or activities to the public, must require the contractor to comply
with the Section 504/ADA requirements applicable to governments. The
contracting City department must monitor respective contracts for
compliance with Section 504/ADA.
7.15. The City will adopt and follow a procedure for prompt and
equitable resolution of grievances alleging discrimination on the basis of
disability in the City's provision of programs, services, and activities, and
access to physical facilities.
is Page 6 of 15
Resolution 2013-18 Exhibit A
• 8. Responsibilities.
8.1. The Mayor's Office is responsible for ensuring the City's compliance with
disability non-discrimination laws regarding access. Under the law, the City
is required to have at least one designated ADA coordinator. The Mayor is
instructed to appoint an ADA Coordinator to facilitate the City's efforts to
comply with disability non-discrimination laws regarding access.
8.2.Department heads and elected officials must cooperate with the ADA
Coordinator to ensure compliance with the requirements of disability
non- discrimination laws regarding access, and with this policy and related
procedures. Compliance -related activities include documenting:
8.2.1. Disability accessibility accommodations made within their
departments;
8.2.2. Participation in the evaluation of programs, services, activities,
and physical facilities to identify potential barriers to accessibility;
8.2.3. The preparation of necessary Disability Corrective Action Plans
and/or Disability Transition Plans; and
8.2.4. The coordination of budget approval to implement such plans.
8.2.5. The ADA Coordinator will provide technical assistance to City
personnel on disability access issues.
8.2.6. The ADA Coordinator must establish and implement internal
grievance procedures to receive and resolve grievances from the public
alleging non-compliance with disability non-discrimination laws
regarding access.
8.2.7. The ADA Coordinator must also develop such other policies and
procedures necessary to improve accessibility of programs, services,
activities, and physical facilities of City government.
9. ADA Grievances — Complaint Procedure
9.1. City o f East Wenatchee Grievance Procedure — Purpose — The
grievance procedure established herein addresses concerns regarding Title
II of the ADA and Section 504 of the Rehabilitation Act of 1973, as it
applies to City programs, services and activities. The grievances procedure
may be used to file a complaint alleging:
9.1.1. Policies of the provision of services, activities, programs, or benefits
provided by City.
0 Page 7 of 15
Resolution 2013-18 Exhibit A
• 9.1.2. Discrimination of Section 504 of the Rehabilitation Act of 1973.
9.1.3. Structural and parking accessibility issues on City owned or controlled
property.
9.1.4. Note: The City will investigate employee complaints as required by
applicable labor contracts and the City's Manual of Personnel Policies
and Procedures.
9.2. Complaint Procedure and Format.
9.2.1. A complaint should be in writing and should contain the following
information: Complainant's name, address, email address, phone
number; date and location of alleged incident of discrimination; and a
description of the alleged incident of discrimination. Upon request, the
City will make alternative means of filing complaints, such as personal
interviews or a tape recording of the complaint, available to a person
with disability.
9.2.2. A complaint form is available on the City's website and at City Hall,
271 9th St. N.E., East Wenatchee, WA 98802.
9.3. Complaint Filing.
9.3.1. A complainant should submit the complaint as soon as possible but
no later than 30 calendar days after the alleged incident.
9.3.2. A complaint may be mailed to the City at the following address: ADA
Coordinator, East Wenatchee City Hall, 271 9th St. N.E. East
Wenatchee, WA 98802.
9.3.3. A complaint may be sent to the City at the following email address:
adacoordinator@east-wenatchee.com.
9.4. Complaint Review
9.4.1. Within 30 calendar days after receipt of the complaint, the ADA
Coordinator will contact the complainant to discuss the complaint and
the possible resolutions.
9.4.2. Within 30 calendar days of the contact, the ADA Coordinator will
respond in writing, and where appropriate, in a format accessible to the
complainant. The response will explain the position of City and offer
options for substantive resolution of the complaint.
9.5. Complaint Review Process.
0 Page 8 of 15
Resolution 2013-18 Exhibit A
• 9.5.1. If the response by the ADA Coordinator does not satisfactorily resolve
the issue, the complainant may appeal the decision of the ADA
Coordinator within 15 calendar days after receipt of the response to the
Mayor.
9.5.2. Within 15 calendar days after receipt of the appeal, the Mayor will
meet with the complainant to discuss the complaint and possible
resolutions.
9.5.3. Within 15 calendar days after the meeting the Mayor will respond in
writing, and, where appropriate, in a format accessible to the
complainant, with a final resolution of the complaint. The Mayor may
utilize mediation to resolve complaints.
9.6. Complaint Retention.
9.6.1. The City will keep all complaints received b y t h e A D A
C o o r d i n a t o r, a 11 appeals t o t h e Mayor, all responses from the ADA
Coordinator, and all responses by the Mayor for at least three years.
10. Section 504 — Compliance (Federal Grants).
10.1. Section 504 of the Rehabilitation Act of 1973 seeks to ensure that
• entities receiving federal funding or grants do not discriminate against
persons with disabilities. Periodically, the City receives federal funding to
support its programs, services and activities.
10.2. 24 CFR PART 8 — SECTION 504 — "No otherwise qualified
individual with a disability in the United States.... shall, solely by reason of
her or his disability, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program, service of activity
receiving Federal financial assistance or under any program or activity
conducted by any Executive agency or by the United States Postal Service".
11.Section 504 — Recipient Defined.
11.1. Regulations define "recipient" as any State or its political
subdivision, any instrumentality of a State or its political subdivision, any
public or private agency, institution, organization, or other entity, or any
person to which Federal financial assistance is extended for any program or
activity directly or through another recipient, including any successor,
assignee, or transferee of a recipient, but excluding the ultimate
beneficiary of the assistance. An entity or person receiving housing
assistance payments from a recipient on behalf of eligible families under a
housing assistance payments program or a voucher program is not a
is Page 9 of 15
Resolution 2013-18 Exhibit A
isrecipient or sub -recipient merely by virtue of receipt of such payments [24
CFR 8.3].
12. Section 504 - Coverage.
12.1. Section 504 covers all programs, services and activities of
recipients of federal assistance, including, for example:
12.1.1. Outreach and public contact, including contact with program
applicants and participants.
12.1.2. Eligibility criteria.
12.1.3. Application process.
12.1.4. Admission to the program.
12.1.5. Tenancy, including eviction.
12.1.6. Service delivery.
12.1.7. Employment policies and practices.
13.Section 504 — Prohibitions against Discrimination.
13.1. To guarantee the opportunity to participate, Section 504 prohibits a
recipient from denying a qualified individual with disabilities the
opportunity to participate in, or benefit from, the housing, aid, benefit, or
service
13.2. To guarantee equality of benefits, Section 504 prohibits a recipient
from failing to afford a qualified individual with disabilities the
opportunity for equal participation and benefit.
13.3. To guarantee equality of opportunity, Section 504 prohibits a recipient
from failing to provide a qualified individual with disabilities a
program or service that affords the same opportunity to benefit as that
afforded others.
13.4. To guarantee no unnecessary difference or separateness, Section 504
prohibits a recipient from providing different or separate housing, aid,
benefits or services on the basis of disability unless providing such is
necessary to provide housing or benefits that are as effective as that
provided to persons without disabilities.
13.5. To guarantee no assistance to entities that discriminate, Section 504
prohibits significant assistance to an agency, organization or person that
is Page 10 of 15
Resolution 2013-18 Exhibit A
• discriminates on the basis of disability in any aspect of a federally
assisted activity.
13.6. To guarantee an opportunity to serve on boards, Section 504 prohibits
a recipient from denying a qualified individual with disabilities the
opportunity to participate as a member of planning or advisory boards.
13.7. To guarantee no denial of right to a dwelling, Section 504 prohibits a
recipient from denying a dwelling to an otherwise qualified buyer or renter
because of a disability of that buyer or renter or another prospective tenant.
13.8. To guarantee no discriminatory limitation of benefits, Section 504
prohibits a recipient from Limiting in any other manner a qualified
individual with disabilities in the enjoyment of any right, privilege,
advantage, or opportunity afforded to others.
13.9. To guarantee integrated settings, Section 504 prohibits a recipient
from Providing programs or services to qualified individuals with disabilities
in settings that are unnecessary separate, segregated or restricted.
14.Section 504 — City Responsibilities.
14.1. To comply with Section 504 on federally funded projects
administered by the City, it must:
14.1.1. Appoint a Section 504 coordinator.
14.1.2. Take steps to ensure effective communication with applicants,
beneficiaries, and members of the public. [24 CFR 8.6]
14.1.3. Take steps to ensure that employment activities, including job
announcements, recruitment, interviews, hiring, work assignments,
promotions and dismissals, do not discriminate on the basis of disability.
[24 CFR 8.10 — 8.13]
14.1.4. Ensure that all non -housing programs are operated in a manner that
does not discriminate on the basis of disability and that new construction
and alterations of non -housing facilities are made accessible in
accordance with applicable standards. [24 CFR 8.21]
14.1.5. Operate existing housing programs in a manner that does not
discriminate on the basis of disability, and take steps, as needed, to
ensure that existing housing programs are readily accessible to and
usable by persons with disabilities. Develop and implement a transition
plan to assure compliance. [24 CFR 8.241
0 Page 11 of 15
Resolution 2013-18 Exhibit A
14.1.6. Provide reasonable accommodations which may be necessary for a
person with a disability to use or participate in the program, service or
activity; unless the recipient can demonstrate that the accommodation
will result in an undue financial and administrative burden or a
fundamental alteration in the nature of the program, service or activity.
A reasonable accommodation is an adaptation or modification to a policy,
program, service, or workplace which will allow a qualified person with
a disability to participate fully in a program, take advantage of a
service, or perform a job. Reasonable accommodations may include, but
are not limited to, adjustments or modifications to buildings, facilities,
dwellings, and may also include provision of auxiliary aids, such as
readers, interpreters, and materials in accessible formats. [24 CFR
8.4, 8.11,8.20, 8.21, 8.24, 8.25, 8.33]
14.1.7. Pay for a reasonable accommodation needed by the individual (e.g., a
ramp to a unit) unless providing that accommodation would be an undue
financial and administrative burden or a fundamental alteration of the
program. [24 CFR 8.4,8.11, 8.20, 8.21, 8.24, 8.25, 8.33]
14.1.8. Ensure that all new construction of housing facilities is readily
accessible to and usable by person with disabilities, and meets the
requirements of applicable accessibility standards. [24 CFR 8.22 and
• 8.32]Ensure that substantial alterations, when undertaken, meet the
requirements for new construction. [24 CFR 8.23(a)] Ensure that all
other alterations, to the maximum extent feasible, meet the
requirements of the applicable accessibility standards. [24 CFR 8.23(b)]
14.1.9. Conduct any required needs assessments (for recipients who are
public housing agencies) to determine the extent to which the housing
needs of persons with disabilities are being met in the recipient's
program and in the community. [24CFR 8.25]
14.1.10. Distribute accessible dwelling units throughout projects and
sites and make such units available in the same ranges of sizes
and amenities to provide housing choices for persons with disabilities
that are the same as those provided by others. [24 CFR 8.26]
14.1.11. Adopt suitable means to ensure persons with disabilities are
made aware of the availability of accessible units and to maximize use of
accessible units by individuals needing the features of these units. [24
CFR 8.27]
14.1.12. Conduct any required self -evaluations of programs, services,
and activities to determine if they are programmatically and
0 Page 12 of 15
Resolution 2013-18 Exhibit A
• physically accessible to persons with disabilities, and involve persons
with disabilities in these evaluations. [24 CFR 8.51]
14.1.13. Recipients with 15 or more employees — designate an employee
to ensure the recipients' programs, services and activities meet the
requirements of Section 504; adopt a grievance procedure to effect due
process standards and prompt and equitable resolutions of complaints.
[24 CFR 8.53]
14.1.14. Recipients with 15 or more employees — notify
participants, beneficiaries, applicants and employees of their
nondiscriminatory provisions. [24 CFR 8.54]
14.1.15. Maintain records and reports of efforts to meet the
requirements of Section 504, and keep these records on file so that
they are available if a complaint is filed, or if {a Federal compliance
office} conducts a compliance review. [24 CFR 8.55]
15. Section 504 — Section 504 Coordinator Responsibilities.
15.1. Assure t h at the City complies with all grant requirements through
developing, implementing and monitoring processes.
• 15.2. Creates and insures that appropriate communication of complaint
procedures for the public, employees and service recipients are posted or
made known.
15.3. Creates and implements effective communication mechanisms to
acquaint participants, beneficiaries, applicants and employees of rights
under all grants.
15.4. Assures that sub -recipients comply with all grant requirements and
that sub -recipients have complaint and compliance procedures in place.
15.5. Investigate complaints filed under Title VI of the Civil Rights Act of
1964 as amended, Section 504 of the Rehabilitation Act of 1973, Civil
Rights Restoration Act of 1987, and the Americans with Disabilities Act of
1990, relating to any program or activity administered by City, as well as to
sub -recipients, consultants and contractors.
15.6. Serves as the department liaison with grantor agencies on
compliance issues including on -site compliance monitoring activities.
15.7. Works with the ADA Coordinator as needed when grant requires ADA
compliance.
0 Page 13 of 15
Resolution 2013-18 Exhibit A
0 15.8. Maintain all related files and reports.
16.Section 504 - ADA Coordinator Responsibilities.
16.1. The ADA Coordinator will assist the 504 Coordinator with ADA
compliance issues pursuant to Federal grant compliance requirements.
Responsibilities include but may not be limited to:
16.1.1. Direct complaints and inquiries regarding grants to the
appropriate City departments.
16.1.2. Assist the Section 504 Coordinator with complaints and
investigations regarding alleged non-compliance of grant mandates.
16.1.3. Prepare ADA accessible surveys for inspections.
16.1.4. Assist with ADA inspections when requested.
16.1.5. Serve as a resource on ADA issues
17.Section 504 - Contractor Assurance of Compliance.
17.1. Contractors, sub -contractors and entities participating in Section 504
programs will be required to show compliance with the ADA and Section 504
• regulations. The City has established a recording procedure for all Section
504 contractor participants. Assurance of compliance documentation will be
required. Documentation includes:
17.1.1. Section 504 of the Rehabilitation Act of 1973 & ADA - General
information.
17.1.2. ADA Self -Evaluation Questionnaire.
17.1.3. Checklist for Readily Achievable Barrier Removal.
17.1.4. Assurance of Compliance Form.
17.1.5. Corrective Action Plan.
17.1.6. Notice to Program Applicants.
18.Section 504 - Notice to Participants and Applicants of Program.
Where possible, the Section 504 Coordinator will distribute and post (or have
posted) a notice to applicants and participants, that the program, service or
activity is federally funded and must meet the mandates of Section 504.
19. Section 504 - Complaints
0
Page 14 of 15
Resolution 2013-18 Exhibit A
Persons with disabilities who believe they have been subjected to
discrimination prohibited by Section 504 may file a complaint with the ADA
Coordinator or with the U.S. Department of Justice. If the complaint alleges
discrimination in housing, a person may also file a complaint with the U.S.
Department of Housing and Urban Development. To file a complaint, contact
should be made with:
City of East Wenatchee
Office of the Mayor
271 9th St. N.E.
East Wenatchee, WA 98802
U.S. Department of Justice
950 Pennsylvania Avenue N.W.
Civil Rights Division, Disability Rights — NYAVE Washington D.C. 20530
Fair Housing HUD
U.S. Department of Housing and Urban Development
Seattle Federal Office Building
909 First Avenue, Room 205
Seattle, WA 98104-1000
. 20.Forms and Documents.
The listed forms and documents are available on the City's website at east-
wenatchee.com and through the Office of the Mayor:
• Notice Under the Americans with Disabilities Act
• City Grievance Procedure Under the Americans with Disabilities Act
• Citizen Request for Reasonable Accommodation Form
• Citizen Complaint Form — Programs, Services, Facilities and Activities
• Section 504 — General Information
• Section 504 — Notice: Section 504 of the Rehabilitation Act of 1973
• City Employee Request for Reasonable Accommodation
• City Reasonable Accommodation Policy
• Section 504 — Federal Complaint Form
• Section 504 — Self -Evaluation Review Form
• Section 504 — Assurance of Compliance
• Section 504 — Checklist for Existing Facilities
• Transition Plan
0 Page 15 of 15
•
0
Council Agenda Bill #
Presenter:
Position:
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
13-10-04
Devin Poulson
City Attorney
Agenda Item #
Agenda Date:
Department:
6
October 8, 2013
Legal
Title:
A Resolution of the City of East Wenatchee, Washington adopting a Section 504
grievance procedure.
Background:
As required by the City's Voluntary Compliance Agreement, the City needs to adopt
a Section 504 grievance procedure. The attached resolution spells out how a person
may file a complaint that a City service or program does not comply with Section
504
Exhibits:
Resolution 2013-19.
Recommendation:
Staff recommends that the City Council move to approve the Resolution
Financial Data:
Expenditure Required Amount Budgeted Appropriation Required
$ N/A $ N/A $ N/A
Action Taken:
Motion Made By: V11, n
Councilmember Collings
Councilmember Johnson
Councilmember McCourt
Councilmember Barnhart
Passed: Failed:
Second By: f 4&
Councilmember Raab
Councilmember Buckner
Councilmember Detering
Mayor Lacy (in case of tie)
Page 1 of 1
.
•
City of East Wenatchee, Washington
Resolution No. 2013-19
A Resolution of the City of East Wenatchee, Washington
adopting a Section 504 grievance procedure.
1. Alternate format.
1.1. Para leer este documento en otro formato (espanol, Braille,
leer en voz alta, etc.), pongase en contacto con el vendedor de la
ciudad al alternateformat@east-wenatchee.com, al (509) 884-9515
o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish,
Braille, read aloud, etc.), please contact the City Clerk at
alternateformat@east-wenatchee.com, at (509) 884-9515, or at
711 (TTY).
2. Authority.
2.1. 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.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO
RESOLVE AS FOLLOWS:
3. Adoption. The City Council adopts the Section 504 Grievance
Procedure attached as Exhibit A.
4. Severability. If a court of competent jurisdiction declares any
provision in this resolution to be contrary to law, such declaration
shall not affect the validity of the other provisions of this Resolution.
5. Effective date. This Resolution becomes effective immediately.
Passed by the City Council of East Wenatchee, at a regular meeting
thereof on this day of , 2013.
City of East Wenatchee
Resolution 2013-18
Page 1 of 2
• The City of East Wenatchee,
Washington
40
By
Steven C. Lacy, Mayor
Attest:
Dana Barnard, City Clerk
Approved as to form only:
Devin Poulson, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Effective Date:
City of East Wenatchee
Resolution 2013-18
Page 2 of 2
.
Resolution No. 2013-19 Exhibit A
•
CITY MY EAST WENATCHEE
SECTION 504 GRIEVANCE PROCEDURE
It is the policy of the City of East Wenatchee not to discriminate on
the basis of disability.
The City of East Wenatchee has adopted an internal grievance
procedure providing for prompt and equitable resolution of
complaints alleging any action prohibited by Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) of the U.S. Department of
Health and Human Services regulations implementing the Act.
Section 504 prohibits discrimination on the basis of disability in any
program or activity receiving Federal financial assistance. The Law
and Regulations may be examined in the office of Devin Poulson,
Section 504 Coordinator, 271 9th St. N.E., East Wenatchee, WA
• 98802, (509) 884-9515, who has been designated to coordinate the
efforts of the City of East Wenatchee to comply with Section 504.
Any person who believes she or he has been subjected to
discrimination on the basis of disability may file a grievance under
this procedure. It is against the law for the City of East Wenatchee to
retaliate against anyone who files a grievance or cooperates in the
investigation of a grievance.
Procedure:
• Grievances must be submitted to the Section 504 Coordinator
within (insert timeframe) of the date the person filing the
grievance becomes aware of the alleged discriminatory action.
• A complaint must be in writing, containing the name and
address of the person filing it. The complaint must state the
problem or action alleged to be discriminatory and the remedy
or relief sought.
Page 1 of 2
Resolution No. 2013-19 Exhibit A
• • The Section 504 Coordinator (or her/his designee) will conduct
an investigation of the complaint. This investigation may be
informal, but it must be thorough, affording all interested
persons an opportunity to submit evidence relevant to the
complaint. The Section 504 Coordinator will maintain the files
and records of the City of East Wenatchee relating to such
grievances.
• The Section 504 Coordinator will issue a written decision on the
grievance no later than 30 days after its filing.
• The person filing the grievance may appeal the decision of the
Section 504 Coordinator by writing to the Mayor within 15 days
of receiving the Section 504 Coordinator's decision. The Mayor
must issue a written decision in response to the appeal no later
than 30 days after its filing.
• The availability and use of this grievance procedure does not
prevent a person from filing a complaint of discrimination on
the basis of disability with the U. S. Department of Health and
Human Services, Office for Civil Rights.
The City of East Wenatchee will make appropriate arrangements to
• ensure that disabled persons are provided other accommodations, if
needed, to participate in this grievance process. Such arrangements
may include, but are not limited to, providing interpreters for the
deaf, providing taped cassettes of material for the blind, or assuring a
barrier -free location for the proceedings. The Section 504 Coordinator
will be responsible for such arrangements.
E
Page 2 of 2
•
•
•
Council Agenda Bill #
Presenter:
Position:
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
13-10-05
Devin Poulson
City Attorney
Title:
Appointment of ADA Coordinator
Agenda Item #
Agenda Date:
Department:
7
October 8, 2013
Legal
Background:
As required by the City's Voluntary Compliance Agreement, the City needs to
appoint an ADA Coordinator. The Mayor has appointed the City Attorney to serve
in this capacity.
Exhibits:
Recommendation:
Staff recommends that the City Council move to approve the Mayor's appointment.
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: ( 1(3 Failed:
Second By:
Councilmember Raab J
Councilmember Buckner
Councilmember Detering
Mayor Lacy (in case of tie)
Page 1 of 1
0
CITY OF EAST WENATCHEE
Appointment as
the ADA Coordinator
of the City of East Wenatchee
Appointment
I, Mayor Steven C. Lacy, appoint the City Attorney to serve as the ADA Coordinator of the City of
East Wenatchee to serve for a term from October 1, 2013 to December 31, 2017.
DATED this day of , 2013.
Mayor Steven C. Lacy
• ATTESTED BY:
CITY CLERK DANA BARNARD
11
V
• Council Agenda Bill #
Presenter:
Position:
.7
•
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
13-10-06
Devin Poulson
City Attorney
Title:
Appointment of Section 504 Coordinator
Agenda Item #
Agenda Date:
Department:
October 8, 2013
Legal
Background:
As required by the City's Voluntary Compliance Agreement, the City needs to
appoint a Section 504 Coordinator. The Mayor has appointed the City Attorney to
serve in this capacity.
Exhibits:
Recommendation:
Staff recommends that the City Council move to approve the Mayor's appointment.
Financial Data:
Expenditure Required Amount Budgeted Appropriation Required
$ N/A $ N/A $ N/A
Action Taken:
Motion Made By: V
Councilmember Collings
Councilmember Johnson
Councilmember McCourt
Councilmember Barnhart
Passed: Failed:
Second By:�GI
Councilmember Raab
Councilmember Buckner
Councilmember Detering
Mayor Lacy (in case of tie)
Page 1 of 1
r�
u
CITY OF EAST WENATCHEE
Appointment as
the Section 504 Coordinator
of the City of East Wenatchee
Appointment
I, Mayor Steven C. Lacy, appoint the City Attorney to serve as the Section 504 Coordinator of the
City of East Wenatchee to serve for a term from October 1, 2013 to December 31, 2017.
DATED this day of , 2013.
Mayor Steven C. Lacy
• ATTESTED BY:
•
CITY CLERK DANA BARNARD
Certification and Appointment to the Civil Service Commission of the City of East Wenatchee.
�J
AO I CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
COUNCIL AGENDA BILL # 13-10-07 AGENDA ITEM # 9
PRESENTER:
Lori Barnett
AGENDA DATE: October 8, 2013
POSITION: Director DEPARTMENT: Community Development
TITLE:
Subrecipient Agreement with the Columbia Valley Housing Association to award the 2011 and 2012 Community
Development Block Grant (CDBG) funds for the homeownership assistance program.
BACKGROUND/HISTORY:
The 2011 CDBG Annual Action Plan allocated $45,000 for housing assistance for home purchasers (goal of 4
homes). The 2012 CDBG Annual Action Plan allocated $16,275 for housing assistance for home purchasers (goal of
1 home). The plan was to use a competitive process to award the funds to a housing service provider and have that
agency run the program. Staff was recently informed by HUD staff that we are not required to go through a
competitive process to select a housing service provider to administer this program. CDBG guidelines permit a
Grantee (the City) to simply contract with an eligible non-profit or public housing authority as a subrecipient. The
subrecipient would then be responsible for administering the Homeownership Assistance Program using CDBG
Program Year funds from 2011 and 2012.
The Housing Authority does not have a homeownership assistance program. The Housing Authority created the
Columbia Valley Housing Association (CVHA), a private non-profit, many years ago so they would have greater
flexibility in obtaining funds and offering programs. CVHA operates independently and they have been offering home
owner assistance programs for many years using various funding sources.
CVHA, using the City's CDBG Program funds, will provide direct assistance to eligible low and moderate -income
buyers to help them purchase existing housing units that are for sale on the open market within the East Wenatchee
city limits or within the unincorporated area of Douglas County located within the Urban Growth Area. Funds will be
granted to eligible individuals in an amount sufficient to make the home affordable and may include:
a. Payment of all or part of the premium (on behalf of the purchaser) for mortgage insurance required up -front
by a private mortgagee. (This would include the cost for private mortgage insurance.)
b. Payment of any or all of the reasonable closing costs associated with the home purchase on behalf of the
purchaser.
c. Payment of up to 50% of the down payment required by the mortgagee for the purchase on behalf of the
purchaser.
d. Homebuyers must have household incomes at or below 80% of the Area Median income as published
annually by the Department of Housing and Urban Development.
The program is a deferred loan. If the homeowner stays in the house and continues to qualify, the loan is eventually
forgiven. Flyers describing their existing programs have been included with this packet along with a copy of the
subrecipient agreement.
EXHIBITS:
1. Agreement Between City of East Wenatchee and Columbia Valley Housing Association for East Wenatchee
CDBG Homeownership Assistance Program
2. Homeownership Opportunities flyer
3. Down Payment Assistance Program Guidelines - 2013
RECOMMENDED ACTION:
Staff respectfully requests that Council approve the contract and authorize the Mayor to sign it.
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$ 61,275 $ 61 ,275 $ N/A
ACTION TAKEN:
Motion Made By:
Councilmember Collings
Councilmember Johnson
Councilmember McCourt
Councilmember Barnhart
Passed: Failed:
•
Second By: (, (� Lce
Councilmember Raab
Councilmember Buckner
Councilmember Detering
Mayor Lacy (in case of tie)
Exhibit 1
00 AGREEMENT BETWEEN CITY OF EAST WENATCHEE
AND
COLUMBIA VALLEY HOUSING ASSOCIATION
FOR
EAST WENATCHEE CDBG HOMEOWNERSHIP ASSISTANCE PROGRAM
THIS AGREEMENT, is made and entered into this day of , 20.
between the City of East Wenatchee ("Grantee") and Columbia Valley Housing
Association ("Subrecipient").
RECITALS
WHEREAS, the Grantee has applied for and received funds from the United States
Government under Title I of the Housing and Community Development Act of 1974,
as amended (HCD Act), Public Law 93-383;
WHEREAS, the Annual Action Plans prepared and adopted for 2011 and 2012
allocated funds for homeownership assistance; and
WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in
utilizing such funds;
NOW, THEREFORE, it is agreed between the parties hereto that;
I. SCOPE OF SERVICE
' A. Activities
The Subrecipient will be responsible for administering a Homeownership
Assistance Program using CDBG Program Year funds from 2011 and 2012 in
a manner satisfactory to the Grantee and consistent with any and all
applicable Federal, state, and local rules and regulations as a condition of
providing these funds. Such program will include the following activities
eligible under the Community Development Block Grant program:
Program Delivery
Provide direct assistance to eligible low and moderate -income buyers to
purchase existing housing units, to be used for permanent housing, that are
for sale on the open market within the East Wenatchee city limits or within
the unincorporated area of Douglas County located within the Urban Growth
Area as depicted on Exhibit A to this Agreement.
Activity # 1 Homeownership Assistance: The Subrecipient will grant funds
to eligible individuals in an amount sufficient to make the home
affordable per underwriting guidelines of the participating
lending institution. Such assistance must comply with the
requirements of Title 24 Housing and Urban Development
section 570.201(n) and may include:
0
is
f
a. Payment of all or part
purchaser) for mortgage
private mortgagee. (This
mortgage insurance.)
Exhibit 1
of the premium (on behalf of the
insurance required up -front by a
would include the cost for private
b. Payment of any or all of the reasonable closing costs
associated with the home purchase on behalf of the
purchaser.
c. Payment of up to 50% of the down payment required by the
mortgagee for the purchase on behalf of the purchaser.
d. Homebuyers must have household incomes at or below 80%
of the Area Median income as published annually by the
Department of Housing and Urban Development.
e. All existing housing to be acquired using the Homebuyer
Assistance Program must be decent, safe, sanitary, and in
good repair, and meet local ordinances and zoning at the
time of acquisition. If the property is new construction it
must have a Certificate of Occupancy issued prior to
Homebuyer Assistance and loan closing.
f. The Subrecipient must comply with the U.S. Department of
Housing and Urban Development Lead -Based Paint
Regulations (24 CFR Part 35) issued pursuant to the Lead -
Based Paint Poisoning Prevention Act (42 U.S.C. Sections
4821-4846, et seq.) and the Residential Lead- Based Paint
Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856)
requiring elimination of immediate lead -based paint hazards
in residential structures; and notification of the hazards of
lead -based paint poisoning to purchasers and/or owners of
residential structures constructed prior to 1978. Properties
must pass the lead -based paint visual inspection (if home
built prior to 1978). The Subrecipient will be responsible for
conducting a visual inspection of any homes built prior to
1978 to identify any potential issues with lead -based paint.
Should the visual inspection identify potential issues, the
prospective buyer will be informed, and the buyer and/or
seller shall be responsible for all lead -based paint testing,
required repairs using safe work practices or a certified lead -
based paint abatement firm, and a clearance exam.
General Administration
The Subrecipient is responsible for program marketing, intake and screening
of prospective homebuyers, thorough buyer underwriting, income calculation
and documentation, executing required agreements with buyers,
recordkeeping, and ensuring long-term compliance. The Subrecipient must
Subrecipient Agreement: CVHA Homeownership Assistance Program
-2-
CDBG PY2011 and 2012
.,
Exhibit 1
establish and maintain administrative, financial, reporting, and record
keeping systems consistent with the requirements of the federal Community
Development Block Grant program. These activities generally consist of the
following elements:
a. Verify income eligibility of all recipients and maintenance of
income eligibility records.
b. Verify that the property will be used as the home buyers
primary residence.
c. Establish adequate financial and record keeping systems for
the project.
d. Comply with applicable civil rights requirements.
e. Maintain written procurement procedures.
f. Submit payment requests and supporting documentation to
the City of East Wenatchee.
g. Resolve all monitoring issues, if identified.
h. Submit CDBG Performance Reports, when requested.
B. National Obiectives
All activities funded with CDBG funds must meet one of the CDBG program's
' National Objectives: benefit low- and moderate -income persons; aid in the
prevention or elimination of slums or blight; or meet community development
needs having a particular urgency, as defined in 24 CFR 570.208.
The Subrecipient certifies that the activities carried out under this
Agreement will meet the following National Objective:
The proposed activity qualifies as an L/M Limited Clientele direct
benefit since only low- and moderate -income persons will be eligible for
the homeownership assistance program.
C. Levels of Accomplishment — Goals and Performance Measures
The Subrecipient agrees to provide the following minimum levels of program
services:
Activity Total Units/Year
Homeowner Assistance Payments 5
The unit of measurement is the number of East Wenatchee low- and
moderate- income households assisted.
D. Staffing
The Subrecipient must commit to staffing for the CDBG Program:
Any procurement of professional service contracts must meet the
requirements of federal, state, and local laws, and this contract.
Subrecipient Agreement: CVHA Homeownership Assistance Program CDBG PY2011 and 2012
-3-
Exhibit 1
f
E. Performance Monitoring
The Grantee will monitor the performance of the Subrecipient against goals
and performance standards as stated above. Substandard performance as
determined by the Grantee will constitute noncompliance with this
Agreement. If action to correct such substandard performance is not taken by
the Subrecipient within a reasonable period of time after being notified by
the Grantee, contract suspension or termination procedures will be initiated.
II. TIME OF PERFORMANCE
Services of the Subrecipient must start on the 21st day of October, 2013 and
end on the 17th day of March, 2014. The term of this Agreement and the
provisions herein must be extended to cover any additional time period
during which the Subrecipient remains in control of CDBG funds or other
CDBG assets.
III. BUDGET
Line Item Amount
Homeownership Assistance Grants $56,275
Program Operations* $ 5,000
TOTAL $61,275
*Program Operations includes direct program support costs (i.e.
program supplies/materials, salaries for staff members providing
direct program services).
In addition, the Grantee may require a more detailed budget breakdown than
the one contained herein, and the Subrecipient must provide such
supplementary budget information in a timely fashion in the form and
content prescribed by the Grantee. Any amendments to the budget must be
approved in writing by both the Grantee and the Subrecipient.
IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the
Grantee under this Agreement shall not exceed $61,275. Drawdowns for the
payment of eligible expenses shall be made against the line item budgets
specified in Paragraph III herein and in accordance with performance. If
applicable, expenses for general administration shall also be paid against the
line item budgets specified in Paragraph III and in accordance with
performance.
Payments may be contingent upon certification of the Subrecipient's financial
management system in accordance with the standards specified in 24 CFR
84.21.
Subrecipient Agreement: CVHA Homeownership Assistance Program
-4-
CDBG PY2011 and 2012
M
Exhibit 1
V. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail
(postage prepaid), commercial courier, or personal delivery or sent by
facsimile or other electronic means. Any notice delivered or sent as aforesaid
shall be effective on the date of delivery or sending. All notices and other
written communications under this Agreement shall be addressed to the
individuals in the capacities indicated below, unless otherwise modified by
subsequent written notice.
Communication and details concerning this contract shall be directed to the
following contract representatives:
Grantee
Lori Barnett
Community Development Director
East Wenatchee City Hall
271 9ch St. NE
East Wenatchee, WA 98802
Phone: 509.884.5396
Fax: 509.886.6113
E-mail: lbarnett@east-wenatchee.com
Subrecipient
Sherri Schneider
Executive Director
Columbia Valley Housing Association
1555 S. Methow Street
Wenatchee, WA 98801
Phone: 509.264.6776
Fax: 509.663.4761
E-mail: sherri@cvhousing.org
VI. SPECIAL CONDITIONS
Venue and Law
' Unless preempted by federal law, the laws of the State of Washington govern
the interpretation, construction, and enforcement of this Agreement. The
venue for any dispute regarding the terms of this Agreement is Douglas
County Superior Court. In the event of a lawsuit between the parties to this
Agreement, the substantially prevailing party shall be entitled to recover
judgment against the other party for reasonable attorney's fees and other
costs either at trial or on appeal.
VII. GENERAL CONDITIONS
A. General Compliance
IJ
The Subrecipient agrees to comply with the requirements of Title 24 of the
Code of Federal Regulations, Part 570 (the U.S. Housing and Urban
Development regulations concerning Community Development Block Grants
(CDBG)) including subpart K of these regulations, except that (1) the
Subrecipient does not assume the recipient's environmental responsibilities
described in 24 CFR 570.604 and (2) the Subrecipient does not assume the
recipient's responsibility for initiating the review process under the
provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with
all other applicable Federal, state and local laws, regulations, and policies
governing the funds provided under this contract. The Subrecipient further
agrees to utilize funds available under this Agreement to supplement rather
than supplant funds otherwise available.
Subrecipient Agreement: CVHA Homeownership Assistance Program
-5-
CDBG PY2011 and 2012
Exhibit 1
B. "Independent Contractor"
Nothing contained in this Agreement is intended to, or shall be construed in
any manner, as creating or establishing the relationship of
employer/employee between the parties. The Subrecipient shall at all times
remain an "independent contractor" with respect to the services to be
performed under this Agreement. The Grantee shall be exempt from payment
of all Unemployment Compensation, FICA, retirement, life and/or medical
insurance and Workers' Compensation Insurance, as the Subrecipient is an
independent contractor.
C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the Grantee
from any and all claims, actions, suits, charges and judgments whatsoever
that arise out of the Subrecipient's performance or nonperformance of the
services or subject matter called for in this Agreement.
D. Workers' Compensation
The Subrecipient shall provide Workers' Compensation Insurance coverage
for all of its employees involved in the performance of this Agreement.
E. Insurance & Bondine
The Subrecipient shall carry sufficient insurance coverage to protect contract
assets from loss due to theft, fraud and/or undue physical damage, and as a
10 minimum shall purchase a blanket fidelity bond covering all employees in an
amount equal to cash advances from the Grantee.
The Subrecipient shall comply with the bonding and insurance requirements
of 24 CFR 84.31 and 84.48, Bonding and Insurance.
F. Grantee Recognition
•
The Subrecipient shall insure recognition of the role of the Grantee in
providing services through this Agreement. All activities, facilities and items
utilized pursuant to this Agreement shall be prominently labeled as to
funding source. In addition, the Subrecipient will include a reference to the
support provided herein in all publications made possible with funds made
available under this Agreement.
G. Amendments
The Grantee or Subrecipient may amend this Agreement at any time
provided that such amendments make specific reference to this Agreement,
and are executed in writing, signed by a duly authorized representative of
each organization, and approved by the Grantee's governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release the
Grantee or Subrecipient from its obligations under this Agreement.
Subrecipient Agreement: CVHA Homeownership Assistance Program
-6-
CDBG PY2011 and 2012
Exhibit 1
The Grantee may, in its discretion, amend this Agreement to conform with
Federal, state or local governmental guidelines, policies and available
funding amounts, or for other reasons. If such amendments result in a
change in the funding, the scope of services, or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be
incorporated only by written amendment signed by both Grantee and
Subrecipient.
H. Suspension or Termination
In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this
Agreement if the Subrecipient materially fails to comply with any terms of
this Agreement, which include (but are not limited to) the following:
1. Failure to comply with any of the rules, regulations or provisions
referred to herein, or such statutes, regulations, executive
orders, and HUD guidelines, policies or directives as may
become applicable at any time;
2. Failure, for any reason, of the Subrecipient to fulfill in a timely
and proper manner its obligations under this Agreement;
3. Ineffective or improper use of funds provided under this
Agreement; or
4. Submission by the Subrecipient to the Grantee reports that are
10 incorrect or incomplete in any material respect.
t
In accordance with 24 CFR 85.44, this Agreement may also be terminated for
convenience by either the Grantee or the Subrecipient, in whole or in part, by
setting forth the reasons for such termination, the effective date, and, in the
case of partial termination, the portion to be terminated. However, if in the
case of a partial termination, the Grantee determines that the remaining
portion of the award will not accomplish the purpose for which the award was
made, the Grantee may terminate the award in its entirety.
VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to
adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with
OMB Circulars A-122, "Cost Principles for Non -Profit Organizations".
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These principles shall be applied for all costs incurred whether charged
on a direct or indirect basis.
B. Documentation and Record Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal
regulations specified in 24 CFR 570.506, that are pertinent to the
activities to be funded under this Agreement. Such records shall
include but not be limited to:
a. Records providing a full description of each activity
undertaken;
b. Records demonstrating that each activity undertaken
meets one of the National Objectives of the CDBG
program;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition,
improvement, use or disposition of real property acquired
or improved with CDBG assistance;
e. Records documenting compliance with the fair housing
and equal opportunity components of the CDBG program;
f. Financial records as required by 24 CFR 570.502, and 24
CFR 84.21-28; and
g. Other records necessary to document compliance with
Subpart K of 24 CFR Part 570.
2. Retention
The Subrecipient shall retain all financial records, supporting
documents, statistical records, and all other records pertinent to the
Agreement for a period of four (4) years. The retention period begins on
the date of the submission of the Grantee's annual performance and
evaluation report to HUD in which the activities assisted under the
Agreement are reported on for the final time. Notwithstanding the
above, if there is litigation, claims, audits, negotiations or other actions
that involve any of the records cited and that have started before the
expiration of the four-year period, then such records must be retained
until completion of the actions and resolution of all issues, or the
expiration of the four-year period, whichever occurs later.
3. Client Data
The Subrecipient shall maintain client data demonstrating client
eligibility for services provided. Such data shall include, but not be
limited to, client name, address, income level or other basis for
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to determining eligibility, and description of service provided. Such
information shall be made available to Grantee Monitors or their
designees for review upon request.
4. Disclosure
C�
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The Subrecipient understands that client information collected under
this contract is private and the use or disclosure of such information,
when not directly connected with the administration of the Grantee's
or Subrecipient's responsibilities with respect to services provided
under this contract, is prohibited by the Public Records Act as set forth
in Chapter 42.56 RCW unless written consent is obtained from such
person receiving service and, in the case of a minor, that of a
responsible parent/guardian.
5. Close-outs
The Subrecipient's obligation to the Grantee shall not end until all
close-out requirements are completed. Activities during this close-out
period shall include, but are not limited to: making final payments,
disposing of program assets (including the return of all unused
materials, equipment, unspent cash advances, program income
balances, and accounts receivable to the Grantee), and determining the
custodianship of records. Not withstanding the foregoing, the terms of
this Agreement shall remain in effect during any period that the
Subrecipient has control over CDBG funds, including program income.
6. Audits & Inspections
All Subrecipient records with respect to any matters covered by this
Agreement shall be made available to the Grantee, grantor agency,
and the Comptroller General of the United States or any of their
authorized representatives, at any time during normal business hours,
as often as deemed necessary, to audit, examine, and make excerpts or
transcripts of all relevant data. Any deficiencies noted in audit reports
must be fully cleared by the Subrecipient within 30 days after receipt
by the Subrecipient. Failure of the Subrecipient to comply with the
above audit requirements will constitute a violation of this contract
and may result in the withholding of future payments. The
Subrecipient hereby agrees to have an annual agency audit conducted
in accordance with current Grantee policy concerning subrecipient
audits and OMB Circular A-133.
C. Reporting and Payment Procedures
1. Program Income
Any program income derived from this Homeownership program shall
be retained by the Subrecipient. The use of program income by the
Subrecipient shall comply with the requirements set forth at 24 CFR
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570.504. By way of further limitations, the Subrecipient may use such
income during the contract period for activities permitted under this
contract.
2. Indirect Costs
No indirect costs shall be charged to this program.
3. Payment Procedures
The Grantee will pay to the Subrecipient funds available under this
Agreement based upon information submitted by the Subrecipient and
consistent with any approved budget and Grantee policy concerning
payments. With the exception of certain advances, payments will be
made for eligible expenses actually incurred by the Subrecipient, and
not to exceed actual cash requirements. Payments will be adjusted by
the Grantee in accordance with advance fund and program income
balances available in Subrecipient accounts. In addition, the Grantee
reserves the right to liquidate funds available under this contract for
costs incurred by the Grantee on behalf of the Subrecipient.
4. Progress Reports
The Subrecipient shall submit regular Progress Reports to the Grantee
in the form, content, and frequency as required by the Grantee.
D. Procurement
1. Compliance
The Subrecipient shall comply with current Grantee policy concerning
the purchase of equipment and shall maintain inventory records of all
non -expendable personal property as defined by such policy as may be
procured with funds provided herein. All program assets (unexpended
program income, property, equipment, etc.) shall revert to the Grantee
upon termination of this Agreement.
2. OMB Standards
Unless specified otherwise within this agreement, the Subrecipient
shall procure all materials, property, or services in accordance with the
requirements of 24 CFR 84.40-48.
3. Travel
The Subrecipient shall obtain written approval from the Grantee for
any travel outside the metropolitan area with funds provided under
this Agreement.
E. Use and Reversion of Assets
The use and disposition of real property and equipment under this
Agreement shall be in compliance with the requirements of 24 CFR
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Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable,
which include but are not limited to the following:
1. The Subrecipient shall transfer to the Grantee any CDBG funds
on hand and any accounts receivable attributable to the use of
funds under this Agreement at the time of expiration,
cancellation, or termination.
2. Real property under the Subrecipient's control that was
acquired or improved, in whole or in part, with funds under this
Agreement in excess of $25,000 shall be used to meet one of the
CDBG National Objectives pursuant to 24 CFR 570.208 until
ten (10) years after expiration of this Agreement. If the
Subrecipient fails to use CDBG-assisted real property in a
manner that meets a CDBG National Objective for the
prescribed period of time, the Subrecipient shall pay the
Grantee an amount equal to the current fair market value of the
property less any portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or
improvement to, the property. Such payment shall constitute
program income to the Grantee. The Subrecipient may retain
real property acquired or improved under this Agreement after
the expiration of the ten-year period.
3. In all cases in which equipment acquired, in whole or in part,
with funds under this Agreement is sold, the proceeds shall be
program income (prorated to reflect the extent to that funds
received under this Agreement were used to acquire the
equipment). Equipment not needed by the Subrecipient for
activities under this Agreement shall be (a) transferred to the
Grantee for the CDBG program or (b) retained after
compensating the Grantee [an amount equal to the current fair
market value of the equipment less the percentage of non-CDBG
funds used to acquire the equipment].
IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR -
ONE HOUSING REPLACEMENT
The Subrecipient agrees to comply with (a) the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended
(URA), and implementing regulations at 49 CFR Part 24 and 24 CFR
570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the
Residential Anti -displacement and Relocation Assistance Plan under section
104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d)
governing optional relocation policies. [The Grantee may preempt the
optional policies.] The Subrecipient shall provide relocation assistance to
displaced persons as defined by 24 CFR 570.606(b) (2) that are displaced as a
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direct result of acquisition, rehabilitation, demolition or conversion for a
CDBG-assisted project. The Subrecipient also agrees to comply with
applicable Grantee ordinances, resolutions and policies concerning the
displacement of persons from their residences.
X. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply with local and state civil rights
ordinances and with Title VI of the Civil Rights Act of 1964 as
amended, Title VIII of the Civil Rights Act of 1968 as amended,
Section 104(b) and Section 109 of Title I of the Housing and
Community Development Act of 1974 as amended, Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Act of
1990, the Age Discrimination Act of 1975, Executive Order 11063, and
Executive Order 11246 as amended by Executive Orders 11375, 11478,
12107 and 12086.
2. Nondiscrimination
The Subrecipient agrees to comply with the non-discrimination in
employment and contracting opportunities laws, regulations, and
executive orders referenced in 24 CFR 570.607, as revised by Executive
Order 13279. The applicable non-discrimination provisions in Section
109 of the HCDA are still applicable.
3. Land Covenants
This contract is subject to the requirements of Title VI of the Civil
Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In
regard to the sale, lease, or other transfer of land acquired, cleared or
improved with assistance provided under this contract, the
Subrecipient shall cause or require a covenant running with the land
to be inserted in the deed or lease for such transfer, prohibiting
discrimination as herein defined, in the sale, lease or rental, or in the
use or occupancy of such land, or in any improvements erected or to be
erected thereon, providing that the Grantee and the United States are
beneficiaries of and entitled to enforce such covenants. The
Subrecipient, in undertaking its obligation to carry out the program
assisted hereunder, agrees to take such measures as are necessary to
enforce such covenant, and will not itself so discriminate.
4. Section 504
The Subrecipient agrees to comply with all Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794), which prohibits discrimination against the
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to individuals with disabilities or handicaps in any Federally assisted
program. The Grantee shall provide the Subrecipient with any
guidelines necessary for compliance with that portion of the
regulations in force during the term of this Agreement.
B. Affirmative Action
1. Approved Plan
f
The Subrecipient agrees that it shall be committed to carry out
pursuant to the Grantee's specifications an Affirmative Action
Program in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. The Grantee shall
provide Affirmative Action guidelines to the Subrecipient to assist in
the formulation of such program. The Subrecipient shall submit a plan
for an Affirmative Action Program for approval prior to the award of
funds.
2. Women- and Minority -Owned Businesses (W/MBE)
The Subrecipient will use its best efforts to afford small businesses,
minority business enterprises, and women's business enterprises the
maximum practicable opportunity to participate in the performance of
this contract. As used in this contract, the terms "small business"
means a business that meets the criteria set forth in section 3(a) of the
Small Business Act, as amended (15 U.S.C. 632), and "minority and
women's business enterprise" means a business at least fifty-one (51)
percent owned and controlled by minority group members or women.
For the purpose of this definition, "minority group members" are Afro-
Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage
Americans, Asian -Americans, and American Indians. The Subrecipient
may rely on written representations by businesses regarding their
status as minority and female business enterprises in lieu of an
independent investigation.
3. Access to Records
The Subrecipient shall furnish and cause each of its own subrecipients
or subcontractors to furnish all information and reports required
hereunder and will permit access to its books, records and accounts by
the Grantee, HUD or its agent, or other authorized Federal officials for
purposes of investigation to ascertain compliance with the rules,
regulations and provisions stated herein.
4. Notifications
The Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other
contract or understanding, a notice, to be provided by the agency
contracting officer, advising the labor union or worker's representative
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of the Subrecipient's commitments hereunder, and shall post copies of
the notice in conspicuous places available to employees and applicants
for employment.
5. Equal Employment Opportunity and Affirmative Action
(EEO/AA) Statement
The Subrecipient will, in all solicitations or advertisements for
employees placed by or on behalf of the Subrecipient, state that it is an
Equal Opportunity or Affirmative Action employer.
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs X.A, Civil
Rights, and B, Affirmative Action, in every subcontract or purchase
order, specifically or by reference, so that such provisions will be
binding upon each of its own subrecipients or subcontractors.
C. Employment Restrictions
1. Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or
personnel employed in the administration of the program for: political
activities; inherently religious activities; lobbying; political patronage;
and nepotism activities.
2. Labor Standards
The Subrecipient agrees to comply with the requirements of the
Secretary of Labor in accordance with the Davis -Bacon Act as
amended, the provisions of Contract Work Hours and Safety Standards
Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and
local laws and regulations pertaining to labor standards insofar as
those acts apply to the performance of this Agreement. The
Subrecipient agrees to comply with the Copeland Anti -Kick Back Act
(18 U.S.C. 874 et seq.) and its implementing regulations of the U.S.
Department of Labor at 29 CFR Part 5. The Subrecipient shall
maintain documentation that demonstrates compliance with hour and
wage requirements of this part. Such documentation shall be made
available to the Grantee for review upon request.
The Subrecipient agrees that, except with respect to the rehabilitation
or construction of residential property containing less than eight (8)
units, all contractors engaged under contracts in excess of $2,000.00
for construction, renovation or repair work financed in whole or in part
with assistance provided under this contract, shall comply with
Federal requirements adopted by the Grantee pertaining to such
contracts and with the applicable requirements of the regulations of
the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing
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the payment of wages and ratio of apprentices and trainees to journey
workers; provided that, if wage rates higher than those required under
the regulations are imposed by state or local law, nothing hereunder is
intended to relieve the Subrecipient of its obligation, if any, to require
payment of the higher wage. The Subrecipient shall cause or require to
be inserted in full, in all such contracts subject to such regulations,
provisions meeting the requirements of this paragraph.
3. "Section 3" Clause
a. Compliance
Compliance with the provisions of Section 3 of the HUD Act of
1968, as amended, and as implemented by the regulations set
forth in 24 CFR 135, and all applicable rules and orders issued
hereunder prior to the execution of this contract, shall be a
condition of the Federal financial assistance provided under this
contract and binding upon the Grantee, the Subrecipient and
any of the Subrecipient's subrecipients and subcontractors.
Failure to fulfill these requirements shall subject the Grantee,
the Subrecipient and any of the Subrecipient's subrecipients and
subcontractors, their successors and assigns, to those sanctions
specified by the Agreement through which Federal assistance is
provided. The Subrecipient certifies and agrees that no
contractual or other disability exists that would prevent
compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3"
requirements and to include the following language in all
subcontracts executed under this Agreement:
"The work to be performed under this Agreement
is a project assisted under a program providing
direct Federal financial assistance from HUD and
is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as
amended (12 U.S.C. 1701). Section 3 requires that
to the greatest extent feasible opportunities for
training and employment be given to low- and very
low-income residents of the project area, and that
contracts for work in connection with the project be
awarded to business concerns that provide
economic opportunities for low- and very low-
income persons residing in the metropolitan area
in which the project is located."
The Subrecipient further agrees to ensure that opportunities for
training and employment arising in connection with a housing
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rehabilitation (including reduction and abatement of lead -based
paint hazards), housing construction, or other public
construction project are given to low- and very low-income
persons residing within the metropolitan area in which the
CDBG-funded project is located; where feasible, priority should
be given to low- and very low-income persons within the service
area of the project or the neighborhood in which the project is
located, and to low- and very low-income participants in other
HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction
and abatement of lead -based paint hazards), housing
construction, or other public construction project to business
concerns that provide economic opportunities for low- and very
low-income persons residing within the metropolitan area in
which the CDBG-funded project is located; where feasible,
priority should be given to business concerns that provide
economic opportunities to low- and very low-income residents
within the service area or the neighborhood in which the project
is located, and to low- and very low-income participants in other
HUD programs.
The Subrecipient certifies and agrees that no contractual or
other legal incapacity exists that would prevent compliance with
these requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization or
representative of workers with which it has a collective
bargaining agreement or other contract or understanding, if any,
a notice advising said labor organization or worker's
representative of its commitments under this Section 3 clause
and shall post copies of the notice in conspicuous places
available to employees and applicants for employment or
training.
C. Subcontracts
The Subrecipient will include this Section 3 clause in every
subcontract and will take appropriate action pursuant to the
tract upon a finding that the subcontractor is in violation of
regulations issued by the grantor agency. The Subrecipient will
not subcontract with any entity where it has notice or knowledge
that the latter has been found in violation of regulations under
24 CFR Part 135 and will not let any subcontract unless the
entity has first provided it with a preliminary statement of
ability to comply with the requirements of these regulations.
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D. Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this
Agreement without the prior written consent of the Grantee thereto;
provided, however, that claims for money due or to become due to the
Subrecipient from the Grantee under this contract may be assigned to
a bank, trust company, or other financial institution without such
approval. Notice of any such assignment or transfer shall be furnished
promptly to the Grantee.
2. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any
agency or individual in the performance of this contract without
the written consent of the Grantee prior to the execution of such
agreement.
b. Monitoring
The Subrecipient will monitor all subcontracted services on a
regular basis to assure contract compliance. Results of
monitoring efforts shall be summarized in written reports and
supported with documented evidence of follow-up actions taken
to correct areas of noncompliance.
C. Content
The Subrecipient shall cause all of the provisions of this contract
in its entirety to be included in and made a part of any
subcontract executed in the performance of this Agreement.
d. Selection Process
The Subrecipient shall undertake to insure that all subcontracts
let in the performance of this Agreement shall be awarded on a
fair and open competition basis in accordance with applicable
procurement requirements. Executed copies of all subcontracts
shall be forwarded to the Grantee along with documentation
concerning the selection process.
3. Hatch Act
The Subrecipient agrees that no funds provided, nor personnel
employed under this Agreement, shall be in any way or to any extent
engaged in the conduct of political activities in violation of Chapter 15
of Title V of the U.S.C.
4. Conflict of Interest
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The Subrecipient agrees to abide by the provisions of 24 CFR 84.42
and 570.611, which include (but are not limited to) the following:
a. The Subrecipient shall maintain a written code or
standards of conduct that shall govern the performance of
its officers, employees or agents engaged in the award and
administration of contracts supported by Federal funds.
b. No employee, officer or agent of the Subrecipient shall
participate in the selection, or in the award, or
administration of, a contract supported by Federal funds
if a conflict of interest, real or apparent, would be
involved.
C. No covered persons who exercise or have exercised any
functions or responsibilities with respect to CDBG-
assisted activities, or who are in a position to participate
in a decision -making process or gain inside information
with regard to such activities, may obtain a financial
interest in any contract, or have a financial interest in
any contract, subcontract, or agreement with respect to
the CDBG-assisted activity, or with respect to the
proceeds from the CDBG-assisted activity, either for
themselves or those with whom they have business or
immediate family ties, during their tenure or for a period
of one (1) year thereafter. For purposes of this paragraph,
a "covered person" includes any person who is an
employee, agent, consultant, officer, or elected or
appointed official of the Grantee, the Subrecipient, or any
designated public agency.
5. Lobbying
The Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of it, to any person for influencing or
attempting to influence an officer or employee of any
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;
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
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attempting to influence an officer or employee of any
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, it will complete and submit
Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions; and
C. It will require that the language of paragraph (d) of this
certification be included in the award documents for all
sub -awards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative
agreements) and that all Subrecipients shall certify and
disclose accordingly:
d. Lobbying Certification
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 is a
prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S.C. 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.
6. Covvright
If this contract results in any copyrightable material or inventions, the
Grantee and/or grantor agency reserves the right to royalty -free, non-
exclusive and irrevocable license to reproduce, publish or otherwise use
and to authorize others to use, the work or materials for governmental
purposes.
7. Religious Activities
The Subrecipient agrees that funds provided under this Agreement
will not be utilized for inherently religious activities prohibited by 24
CFR 570.2000), such as worship, religious instruction, or
proselytization.
XI. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following requirements insofar as
they apply to the performance of this Agreement:
- Clean Air Act, 42 U.S.C. , 7401, et seq.;
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• - Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251,
et seq., as amended, 1318 relating to inspection, monitoring, entry,
reports, and information, as well as other requirements specified in
said Section 114 and Section 308, and all regulations and guidelines
issued thereunder;
- Environmental Protection Agency (EPA) regulations pursuant to 40
CFR Part 50, as amended.
B. Flood Disaster Protection
is
In accordance with the requirements of the Flood Disaster Protection Act of
1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located
in an area identified by the Federal Emergency Management Agency (FEMA)
as having special flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained as a condition of financial
assistance for acquisition or construction purposes (including rehabilitation).
C. Lead -Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential
structures with assistance provided under this Agreement shall be subject to
HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35,
Subpart B. Such regulations pertain to all CDBG-assisted housing and
require that all owners, prospective owners, and tenants of properties
constructed prior to 1978 be properly notified that such properties may
include lead -based paint. Such notification shall point out the hazards of
lead -based paint and explain the symptoms, treatment and precautions that
should be taken when dealing with lead -based paint poisoning and the
advisability and availability of blood lead level screening for children under
seven. The notice should also point out that if lead -based paint is found on
the property, abatement measures may be undertaken. The regulations
further require that, depending on the amount of Federal funds applied to a
property, paint testing, risk assessment, treatment and/or abatement may be
conducted.
D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as
amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800,
Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this
agreement.
In general, this requires concurrence from the State Historic Preservation
Officer for all rehabilitation and demolition of historic properties that are
fifty years old or older or that are included on a Federal, state, or local
historic property list.
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XII. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the
Agreement shall not be affected thereby and all other parts of this Agreement
shall nevertheless be in full force and effect.
)III. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are
included for convenience only and shall not limit or otherwise affect the terms
of this Agreement.
XIV. WAIVER
The Grantee's failure to act with respect to a breach by the Subrecipient does
not waive its right to act with respect to subsequent or similar breaches. The
failure of the Grantee to exercise or enforce any right or provision shall not
constitute a waiver of such right or provision.
XV. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Grantee and
the Subrecipient for the use of funds received under this Agreement and it
supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral, or written between the Grantee and the
Subrecipient with respect to this Agreement.
• IN WITNESS WHEREOF, the Parties have executed this contract as of the date
first written above.
•
10
Attest
Grantee
City of East Wenatchee
LIM
Subrecipient
Columbia Valley Housing
Association
Steven C. Lacy, Mayor Board President
Dana Barnard, City Clerk Federal I.D. #
Approved as to form
Devin Poulson, City Attorney
Subrecipient Agreement: CVHA Homeownership Assistance Program
-21-
CDBG PY2011 and 2012
Exhibit 2
HOMEOWNERSHIP OPPORTUNITIES
0 Achieve The Dream of Owning Your Own Home
Down Payment
Assistance Program
• Deferred loan to
help with down
payment and
closing costs
• Available in
Chelan and
Douglas counties
• Up to $25,000
Community Land
Trust Program
• You choose the
home you want to
buy
• The Land Trust
buys the land to
keep price lower
• Available in
Wenatchee
• Up to $40,000
To Qualify with the Columbia Valley Housing Association for Assistance:
1. You must be able to secure a mortgage or loan through a bank, mortgage broker or
• through USDA Rural Development low -interest loans.
2. You must have acceptable credit through a lender.
3. You must plan on attending a first-time homebuyers seminar.
4. Down payment assistance funding will be available beginning April 31, 2012, so contact
your bank soon to see if this program could help you buy your own home!
To qualify, applicants must earn below 8o% of the area median income for
your family size established by HUD for Chelan and Douglas Counties:
i Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person
$32,900 $37,600 $42,300 $46,950 $50,750 $54,500 $58,250 $62,000
Columbia Valley Housing Association
Sherri Schneider - Executive Director /\
1555 South Methow Street Phone: 509.663.7421 Reception/Espanol
Wenatchee, WA 988o1 Fax: 509.663.4761
OPPOR
orroa
sherri@cvhousing.org
sherri@cvhousing.org Phone: 509-264-6776 Direct
CVHA does not discriminate on the basis of race, color, national origin, sex, religion, sexual orientation, age, political beliefs, disability,
mental or familial status, or any other legally protected status.
Please contact Sherri to see if you qualify. Applications are available at the address, above which is located in the Housing Authority's office.
Exhibit 3
1555 S.9Kethow Street
ColumbidValrey Wenatchee, TWA 98801-9417
WrceptionlEspanoi; (509) 663-7421
• Direct: (509) 264-6776
J L ousing Association Emailsheryi@cvhousing.org
Down Payment Assistance Program Guidelines - 2013
Columbia Valley Housing Association (CVHA) is a local non-profit organization with a mission
to promote affordable housing and homeownership for all throughout Chelan and Douglas
counties. CVHA provides homebuyer education, counseling, and financial assistance to families
earning 80% or lower of the area median income levels. Our goal is to build self-sufficiency,
community pride, and family wealth through the stability and security of owning a home.
CVHA's down payment assistance program provides a secondary loan to income -qualified
families for closing costs, down payments, or simply to make up the difference between what
they have qualified for through a lender and the actual cost of a safe and suitable home. This
program helps families keep mortgage payments affordable and then retains that affordability for
future families by restricting resale of these homes in the community.
Funding for assistance is available on a first -come -first -served basis depending on a personal
interview, verification of the homebuyer's income, and their ability to qualify for a primary
mortgage through a bank, credit union, mortgage broker, or other financial institution such as
• USDA Rural Housing. Potential homebuyers must have acceptable credit and successfully
complete a certified First -Time Homebuyer Education course.
1. CV14A serves households earning 80% of the area median income (AMI) or lower
according to annual HUD income limits for the Chelan -Douglas county area.
2. Typical down payment assistance amounts range from $5000 - $20,000, depending on
funding available and funder restrictions. This assistance can normally be used as needed
by the borrower for closing costs, down payment, and/or principal reduction.
3. Financial assistance is structured as a low -interest (3% simple), deferred -payment loan
usually in second or third position to the primary lender. Funding is provided at closing
as a cashier's check to the title company listed on the Purchase and Sale Agreement.
4. Repayment of this loan is automatically deferred for the first five years to give new
homeowners time to stabilize and build up savings. If income increases significantly after
five years, repayment begins in affordable monthly amounts as low as $25. If
homeowner is on disability, other low fixed income, or income does not increase
significantly, repayment will continue to be deferred every five years for up to 25 years.
Homeowners may voluntarily begin making payments at any time without penalties.
5. Loan is legally secured with a Deed of Trust and Promissory Note. CVHA attorneys will
invoice a flat fee of $500 to be paid at closing for filing of documents with title company.
0 11 DPA loan guidelines, updated 8/1/2013
Exhibit 3
. 6. Initial loan terms for the primary mortgage must be for a 30-year fixed interest rate, with
total mortgage payments (PITI) no more than 35% of gross monthly income. Some
lenders require an additional down payment of 3.5% for FHA -insured mortgages, even
though CVHA is HUD -certified as a provider of secondary loans for down payment.
•
7. CVHA can provide the names of various financial institutions that have approved our
Down Payment Assistance Program. The homebuyer may choose any realtor they wish
or choose from a list of realtors who are already familiar with CVHA's homeownership
programs. If the sale of the home is facilitated by CVHA without the use of a realtor, a
2% commission is charged.
8. Potential homebuyers are responsible to have the house inspected by a licensed home
inspector before purchasing the home (typically $250-$400) and to provide CVHA with a
copy of the inspection report.
9. Potential homebuyers are also responsible for paying the deposit (earnest money) of
$500-$1000 to the seller upon acceptance of their offer and signing of the Purchase and
Sale Agreement.
10. The homeowners must live in the home themselves (owner occupied). None of CVHA's
assistance programs fund rental properties or other income properties.
11. Restrictions and Conditions:
a. Full repayment of any CVHA loan is due upon sale of the property or refinancing
of the primary mortgage. CVHA loan can be resubordinated if refinance pays no
cash out.
b. Deed restrictions are attached to the property for 25 years requiring that that
homeowner must sell to another low-income family at 80% or lower of the area
median income. This restriction remains in effect even if all loans are repaid and
serves to keep affordable homes out of the rental market and affordable to low- to
moderate -income families.
If you have questions or need additional information, please contact Sherri Schneider by email at
sherria,cvhousing_org or call 509-663-7421 (reception) or 509-264-6776 (cell).
Columbia Valley Housing Association does not discriminate on the basis of race, color,
national origin, sex, religion, sexual orientation, age, political beliefs, disability, mental or
familial status, or any other legally protected status.
2 1 DPA loan guidelines, updated 8/1/2013
Revised text for Action Item 9
Subrecioient Aareement — CDBG
establish and maintain administrative, financial, reporting, and record
• keeping systems consistent with the requirements of the federal Community
Development Block Grant program. These activities generally consist of the
following elements:
a. Verify income eligibility of all recipients and maintenance of
income eligibility records.
b. Verify that the property will be used as the home buyers
primary residence.
c. Establish adequate financial and record keeping systems for
the project.
d. Comply with applicable civil rights requirements.
e. Maintain written procurement procedures.
f. Submit payment requests and supporting documentation to
the City of East Wenatchee.
g. Resolve all monitoring issues, if identified.
h. Submit CDBG Performance Reports, when requested.
B. National Objectives
All activities funded with CDBG funds must meet one of the CDBG program's
• National Objectives: benefit low- and moderate -income persons; aid in the
prevention or elimination of slums or blight; or meet community development
needs having a particular urgency, as defined in 24 CFR 570.208.
The Subrecipient certifies that the activities carried out under this
Agreement will meet the following National Objective:
The proposed activity qualifies as an L/M Limited Clientele direct
benefit since only low- and moderate -income persons will be eligible for
the homeownership assistance program.
C. Levels of Accomplishment — Goals and Performance Measures
The goal for households to be served under this program is 4 in the 2011
Annual Action Plan and 1 in the 2012 Annual Action Plan. The Subrecipient
agrees to provide homeownership assistance services based upon that general
goal.
D. Staffing
The Subrecipient will commit to assign staff as necessary to carry out the
provisions of this contract for the CDBG Program. Any procurement of
professional service contracts must meet the requirements of federal, state,
and local laws, and this contract.
•
Subrecipient Agreement: CVHA Homeownership Assistance Program CDBG PY2011 and 2012
-3-
S cl b m i �ed � 0k,4rLe
RIVERCOM 911
RiverCom Administrative Board
Wenatchee City Council Chambers, 129 South Chelan Avenue, Wenatchee, WA 98801
Meeting Minutes
Wednesday, September 11, 2013
Administrative Board Members Present: DRAFT
Dale Snyder, Commissioner, Douglas County (Chairman)
Tony Veeder, Councilmember, City of Wenatchee (Vice -Chairman)
Keith Goehner, Commissioner, Chelan County
Wayne Barnhart, Councilmember, City of East Wenatchee
Brian Pulse, EMS Director, Cascade Medical Center
Ex-Officio Members Present:
Brian Burnett, Sheriff, Chelan County Sheriff's Office
Harvey Gjesdal, Sheriff, Douglas County Sheriff's Office
Tom Robbins, Chief, Wenatchee Police Department
Keith Vradenburg, Mayor, City of Entiat
Rinita Cook, Regional Training Coordinator, North Central Emergency Care Council
RiverCom Personnel Present:
Jim Fosse, Director
Criselia Grupp, Administrative Services Manager
Jerry Corder, IT Manager
Josh Humphrey, Radio Systems Technical Manager
Staci Engler, Confidential Administrative Assistant
Others/Audience Present:
Curt Lutz, Director, Chelan County Jail
Dee Gutierrez, RiverCom Guild President
Jim Brown, Technical & Support Services Manager, Wenatchee Police Department
Stan Smoke, Chief, Wenatchee Fire & Rescue
Karen Goodwin, Chief Accountant, Douglas County
Dick Gormley
A. CALL TO ORDER -Chairman Snyder called the meeting to order at 9:03 AM and led the Pledge of
Allegiance.
B. WELCOME AND INTRODUCTIONS.- Chairman Snyder welcomed those present and attendees
introduced themselves.
C. APPROVAL OF AGENDA —The agenda was approved as presented.
RiverCom 911: Administrative Board Meeting — September 11, 2013 Page 1
D. STANDING AGENDA
1. Consent Agenda
a. RiverCom Administrative Board Meeting Minutes, August 14, 2013
b. Bid Opening Minutes: Installation of Communications Building at Moses Stool Radio Site,
August 15, 2013
c. Payroll and Benefits for August 2013 in the amount of $ 245,788.37
d. September 2013 Vouchers in the amount of $42,983.16 for payment on September 11,
2013
i. Maintenance and Operations Account $ 26,737.38
ii. General Communications Tax Account $ 10,597.29
iii. Communications Tax Capital Projects Account $ 5,648.49
A MOTION was made by Board Member Barnhart to approve the Consent Agenda. Board
Member Pulse seconded the motion. The motion passed unanimously.
2. Board Chair Report —There was no report.
3. Director's Report
Director Fosse reported on the following items:
a. Association of Washington Cities — HQ Campaign
RiverCom employee's are currently participating in the annual AWC Health Questionnaire
(HQ) Campaign as a wellness program activity. Employee response surpassed the minimum
required 50% participation rate within the first month of a 3-month campaign. The
minimum participation rate is required to be eligible for the AWC WellCity award that
provides a 2% discount on medical insurance premiums. The completion of the HQ
Campaign also qualifies RiverCom for a $170.00 wellness mini -grant.
b. Association of Washington Cities — Self-Insuran
The Association of Washington Cities Employee Trust Benefit has been approved to become
self -insured for medical insurance. RiverCom will need to adopt a resolution and sign an
Interlocal Agreement with AWC before November 15, 2013 to remain as participants with
the AWC program. Sample documents were distributed to the Board; final documents will
be prepared and submitted to the Board for adoption at the October 9, 2013 Board
meeting.
Director Fosse also noted that AWC had previously anticipated a 10% increase for 2014
medical insurance premiums. AWC is now indicating that there will be a 0% increase as a
result of the change to self -insured status. However, it is unknown at this time what impact
this will have on future premiums. A further discuss took place about the change.
c. Lower Badger Property
Director Fosse and Administrative Services Manager Grupp recently met with Steve
Crossland and Shawn Fitzpatrick of Fitzpatrick Surveying, PLLC to discuss the status of the
Lower Badger property. We are now waiting on preliminary drawings to prepare a draft
40 proposal.
RiverCom 911: Administrative Board Meeting —September 11, 2013 Page 2
4. Radio Site Reports
01 a. RiverCom continues to work on resolving transmission issues in the Rock Island area and is
planning to add a transmit feature on the receive site. Director Fosse will also be following
up with ADCOMM Engineering on the status of an engineering study and recommendation.
b. The Stehekin community has expressed their desire for installation of radio communications
at their Community Center. Director Fosse initiated a conversation with the Board about
the possibility of providing communications at Stehekin. Further discussion took place. The
Board requested a staff report and recommendation from RiverCom before further
considering the matter.
c. Sheriff Burnett and Dick Gormley have been in discussions about installing a radio at
Stehekin as a way to improve emergency communications. Director Fosse added that he
was willing to provide resources to assist with installation and set-up, but that someone
from a fire department would need to attend to and be responsible for any radio
equipment to make sure the equipment is accounted for and maintained in good working
order. There were further questions about what agency RiverCom would dispatch out if a
call did come in and who would be accepting any liability issues. Director Fosse asked the
Board about their thoughts on procuring a flat -rate contract with Stehekin rather than an
Interlocal Agreement. After further discussion, the Board stated that they would like
Stehekin to prepare a proposal and present to the Board.
5. Staffing Report
a. Emergency Services Dispatcher Positions
• RiverCom now has four (4) vacant Emergency Services Dispatcher positions
• One Emergency Services Dispatcher resigned effective August 31, 2013 following
maternity leave.
• Two (2) ESD candidates continue to move forward through the pre -employment
process.
• ESD interviews are scheduled for October 2, 2013. RiverCom continues to advertise for
the positions in an effort to fill all vacancies.
b. Operations Manager Position
Interviews for the Operations Manager position were conducted on September 4, 2013. A
total of eight (8) interviews were conducted; four (4) candidates moved forward to a one-
on-one Director interview the following day; he expects to make a final decision at the end
of the week. Director Fosse especially thanked the individuals who served on the interview
panel.
6. State E911 Office Report
a. RiverCom has received the State E911 State Contract for Chelan County and did not receive
funding for a new replacement phone system as requested. Director Fosse plans to meet
• with the new State E911 Unit Manager next week while at Camp Murray to talk about
RiverCom's need for a new phone system.
RiverCom 911: Administrative Board Meeting — September 11, 2013 Page 3
•
•
•
7. Monthly Financial Reports
Financial reports were provided to the Board
on the following items:
Administrative Services Manager Grupp reported
2013 YTD Expenditures: As of August 30, 2013, actual expenditures were recorded as follows:
2013 YTD Expenditures
Maintenance and Operations Account
.__......._....._._.._..-- ..._._......__
Capital Projects Account
Equipment Replacement Account
Communications Tax Account
TOTALS:
s+ Dollar Amount % of Budget
2,262,475 56.25%
-0- 0%
22,856 91.43%
638,054 fi
27.57%
2,923,385 44.89%
2013 YTD Revenue: As of August 30, 2013, actual revenue received was recorded as follows:
2013 YTD Revenue
Outside Revenue and Grants
Local E911 Excise Tax
Agency Assessments
Communications Tax Revenue
Dollar Amount
% of Budget
115.27%
334,661
665,351
67.28%
1,619,430
67.73%
1,416,369
75.62%
Site Leases
8,901
13.51%
...... .........
Outside Revenue and Grants (Capital)
224
-
TOTALS:
4,044,936
72.06%
8. Operations Report
a. Director Fosse reported that RiverCom will be staffing up during at certain times during
Oktoberfest in Leavenworth, WA.
9. Committee Reports —There were no reports
E. OLD BUSINESS
1. Bid Award —Installation of Communications Buildine at Moses Stool Radio Site
A bid opening took place on August 15, 2013 for bids received for the installation of a
communications building at the Moses Stool radio site. RiverCom received one (1) bid from Day
Wireless Systems in the amount of $335,800.44 (without sales tax). Director Fosse noted that
RiverCom provided bid specifications to three (3) vendors per their request, but that Day
Wireless was the only vendor to respond. The bid has been reviewed and Director Fosse made
a recommendation that the bid be accepted.
A MOTION was made by Board Member Barnhart to award the bid for the Installation of a
Communications Building at the Moses Stool Radio Site to Day Wireless Systems in the amount
of $335,800.44 (without tax). Board Member Veeder seconded the motion. The motion passed
unanimously.
RiverCom 911: Administrative Board Meeting — September 11, 2013 Page 4
F. NEW BUSINESS
1. Resolution 2013-1: A Resolution to approve and adopt an amended budget to account for
• additional expenditures out of the RiverCom 2013 Annual General Operating Budget.
The resolution accounts for $50,466.00 in additional funding that was previously provided by
the State E911 program; the funds were specifically awarded and received for the purchase of a
Spectracom Clock Synchronizer and Nice Logging Recorder.
A MOTION was made by Board Member Goehner to approve and adopt the budget Amendment
per Resolution 2013-1. Board Member Barnhart seconded the motion. The motion passed
unanimously.
2. 2014 Annual Budget — Preliminary Presentation
The 2014 Preliminary Annual Budget was provided to Board members for review. Director
Fosse and Administrative Services Manager Grupp conducted a preliminary budget review
meeting with Karen Goodwin on September 5, 2013. Goodwin stated that she had no concerns
with the budget. There were no further questions or comments from Board members or
attendees. The final budget will be presented for approval at the October Board meeting.
G. CORRESPONDENCE AND INFORMATIONAL ITEMS
• Administrative services Manager Grupp will attend the Washington Finance Officers
Association Conference September 17-20, 2013 in Tulalip, WA.
• Director Fosse will attend the State E911 Advisory Committee Meeting September 19, 2013
• at Camp Murray, WA.
• Director Fosse, Administrative Services Manager Grupp, and Confidential Administrative
Assistant will attend a Public Safety Testing meeting on September 20, 2013 in Yakima, WA.
H. GOOD OF THE ORDER
• An in depth discussion took place about the costs for private ambulance services.
I. ADJOURNMENT
With no further business, the regular meeting of the Board was adjourned at 10:08 AM.
Minutes Respectfully Submitted,
Staci Engler
Confidential Administrative Assistant
RiverCom 911
ATTEST:
Jim Fosse, Director Date
Secretary to the Board
RiverCom 911: Administrative Board Meeting — September 11, 2013 Page 5
• RiverCom 911 Administrative Board Members:
49
Chairman Dale Snyder, Commissioner, Douglas County
Vice Chairman Tony Veeder, Council Member, City of Wenatchee
Keith Goehner, Commissioner, Chelan County
Wayne Barnhart, Council Member, City of East Wenatchee
Brian Pulse, EMS Director, Cascade Medical Center, RiverCom 911 Operations Group
RiverCom 911: Administrative Board Meeting — September 11, 2013 Page 6
Wenatchee Valley Transportation Council
Confluence Technology Center
285 Technology Center Way, Wenatchee DRAFT
September 12th, 2013 — 9:00 A.M. to 11:00 A.M.
MEETING MINUTES
ATTENDEES:
Richard DeRock, Link Transit
Frank Kuntz, City of Wenatchee
Russell Clark, City of Rock Island
Ken Stanton, Douglas County
Steve Lacy, City of East Wenatchee
STAFF: Jeff Wilkens, Executive Director
Kathy Bruno, Clerk of the Board
Nick Manzaro, Transportation Planner
Patrick Walker, Transportation Planner
Bill Haven, NCRTPO Liaison
Paul Mahre, WSDOT
Keith Goehner, Chelan County
Mark Spurgeon, Port of Douglas County
0 GUESTS: Joel Walinski, City of Leavenworth Steve King, City of Wenatchee
Terry Mattson, WSDOT
Teri Hickey, WSDOT HQ
Dan Frazier, City of Wenatchee
Paula Cox, Chelan County
Kirk Berg, WSDOT
Eric Howe, RH2 Engineering
Doug Bramlette, Douglas County
Randy Asplund, RH2 Engineering
Gary Owen, City of Wenatchee
Greg Herkenrath, Pacific Engineering
Angie Davis, WSDOT HQ
John LaBree, City of Brewster
Shiloh Schauer, Wenatchee Valley Chamber of Commerce
1) CALL TO ORDER & INTRODUCTIONS
The meeting was called to order by Chair Richard DeRock at 9:00 a.m. Introductions were
made around the room.
2) AGENDA REVIEW & APPROVAL
The meeting agenda and the consent agenda items were unanimously approved together on a
motion by Frank Kuntz and 2nd by Ken Stanton. The consent agenda included the August 8th, 2013
minutes, checks numbered 262763-262768 for August in the amount of $2,112.49, checks numbered
1
263567-263580 for September in the amount of $16,966.18 payroll in the amount of $31,914.94 for
August, and the Monthly Financial Report for July 2013.
3) CONSENT AGENDA
The consent agenda
4) OPEN PUBLIC COMMENT
There was no public comment.
5) BUSINESS ITEMS
5(a) Adoption of FY 2014 Indirect Cost Rate
The FY 2014 Indirect Cost Rate proposed was adopted on a motion by Steve Lacy and 2nd by Mark
Spurgeon.
6) REPORTS & DISCUSSION ITEMS
6(a) Metro Area Truck Route Study
Larry Toedtli from The TranspoGroup gave a progress report and informational presentation to the
board regarding the Metro Area Truck Route Study, and asked for comments from the board. Larry
• explained that the next stage is to look at conceptual changes and stated that Transpo & RH2
Engineering will be working closely with WSDOT for this portion. The council advised the consulting
team to focus on gathering input from the freight users and the Technical Advisory Committee, and
0
not the general public for this study, although it was suggested to have informational meetings with
the Wenatchee Downtown Association and the Wenatchee Valley Chamber of Commerce.
6(b) Preliminary 2014-2017 Transportation Improvement Program
Jeff Wilkens stated that the preliminary Regional TIP project list is a 4-year list of federally funded
projects. Jeff reported that the Okanogan County and WSDOT rural projects were approved at the
RTPO meeting yesterday. TAC will be discussing the final draft list of projects at their next meeting
and final Regional TIP will be presented for board approval in October.
6(c) MPO/RTPO Membership & Governance Update
Jeff Wilkens explained that there had been a lengthy discussion at the RTPO meeting regarding
reorganizing the NCRTPO down to Chelan and Douglas counties. Jeff Wilkens was directed to
organize a sub -committee to work through the details, and bring back a final governance
recommendation that would retain the three -county region, but become one governing board rather
than two.
2
6(d) Senate Transportation "Listening Tour"
• Jeff Wilkens reported that there will be a Senate "Listening Tour" on September 23rd at the Chelan
County PUD starting at 6:00 p.m. The direction from the board was to enforce the idea that we need
a revenue package now, and that the proposed "Prevailing Wage" and "Environmental Permitting"
reforms are supported by WVTC.
6(e) Director's Report & Member Roundtable
Due to lack of time, there were no reports.
6(f) Executive Session
The board went into Executive Session at 10:46 a.m. for the Executive Director's performance review,
and returned from the Executive Session at 10:56 a.m. There will be a salary comparison conducted
of other MPO/RTPO directors around the state, with another Executive Session scheduled next month
to review the Executive Director's salary.
NEW BUSINESS/ADJOURN
The meeting was adjourned at 10:57 a.m.
• APPROVED ON October 10, 2013
ATTEST:
Richard DeRock, Chairman
Jeff Wilkens, Executive Director
Title VI and Americans with Disabilities Act (ADA) Notice to Public
It is the Wenatchee Valley Transportation Council's (WVTC) policy to assure that no person shall, on the
grounds of race, color, national origin or sex, as provided by Title VI of the Civil Rights Act of 1964, be
excluded from participation in, be denied the benefits of, or be otherwise discriminated against under any
federally funded programs and activities. All meeting sites are accessible to persons with disabilities.
Accommodations for people with disabilities can be arranged with advance notice. Any person, who
believes his/her Title VI protection has been violated, may file a complaint with the WVTC Title VI
Coordinator at (509) 663-9059.
Saturday, October 26, 2013 i4#
"See a need, do a good deed" 0 ft.
Spend time Saturday, October 26* doing a good deed... MADE A
large or small... that makes a difference in our DIFFERENCE DAY
community or in the lives of the people in it . NATIONAL DAY of DOING GOOD
KICKOFF at Pybus Market, Saturday, October 26 at 8 am
Meet at the Market, gather your group and head for your project.
yoRestore a Hiking Trail Collect food for the food bank
Bake bread for a neighbor
Paint over grafitti I., Visit or shop for
a shut-in '- Write a letter to a friend
Recycle Start a neighborhood
c n
compost pile Hold a free car wash bi Pick up
litter or trash W Teach someone a second language Organize a
neighborhood crime watch N Make house repairs for the elderly or
disabled . Build a playground ■ Provide babysitting for a young family
■ Collect clothing for the needy 0 Tutor a child
■ Plant trees or flowers in public places
make ■ Entertain at a nursing home
■ Clean a creek ■ Pledge to
volunteer in the community
■ Constructa wheelchair ramp■ Donate supplies to a shelter. Winterize
the home of seniors ■ Sew a quilt for someone special
■ Where there's a
need ... Do a good
deed!! Di"fference
(�, For more information, please visit wenatcheemkdd.com
0)*If you can't participate on Saturday for religious reasons, please do a
project on Sunday, October 27. This flyer donated by The Wenatchee World
THANKS FOR MAKING A DIFFERENCE!
Join any of these 2013 community projects
For information on these or new projects not in this listing, visit wenatcheemUd.com
Annual Freeze and Feed at Women's Resource Center (WRC): Drop off easily -prepared foods (for children and adults with limited cooking facilities) for use in er
months, and new/gently used coats and blankets at 20 Adams St. ("The Blue House"). Also donate holiday foods for Thanksgiving and Christmas Food Bank. Donate
10 am to 4 pm. Tanya Bradford, 662-0121 ext. 11. tanya_bradford2000@yahoo.com
Art on the Avenues: Clean the sculptures around the city and parks of Wenatchee. Meet at 9 am at the Performing Arts Center (PAC) fountain on Wenatchee Avenue. Bring
clean, soft rags. Joy Jasinek, 470-7655. joyjazz@gmail.com. artontheavenues@gmail.com
Bikes for Kids: Donate bikes that need little or no repair; donate money for tubes and tires. Donate a bike or get a bike. Chuck Riibe, 679-9475.
Buddy Walk for Down Syndrome Awareness: Walk to support and increase awareness for Down Syndrome, 10 am at Walla Walla Park, Wenatchee. Official walk for
National Down Syndrome Society. Amy Garrison, 509-393-5404. amygarrison5@gmail.com. www.buddywalk.org
Celebrate New Walla Walla Park Mural: Attend the 10 am unveiling of the new mural painted at Walla Walla Park handball courts by Special Needs Social Program
participants. Meet the artists 10 am to 2 pm at the park. Sarah Fitzgerald, 888-3283. sfitzgerald@wenatcheeWA.gov
Catholic Family & Child Services (CFCS)Nolunteer Chore Services: Assist low-income elderly and disabled adults. Paint, clean, minor house repairs, yard work, do
many small group projects in the Wenatchee Valley. Amber Bryant, 662-6761. abryant@ccyakima.org
Camp Fire's Zanika Lache, Lake Wenatchee: Clean up camp, make repairs, carpentry, cut wood, remove brush, and more; 9 am to 4 pm; muffins & lunch provided. Bring
gloves, brooms, shovels, axes, rakes, chainsaws. Register in advance. Overnight lodging available. Camp is at 16400 Cedar Brae Rd, Lake Wenatchee. Theresa Samuelsen,
663-1609, or 1-800-548-8884. campfire@nwi.net. Facebook.com/campzanika
Cancer Care of NCW/Our House: Clean up outside Our House,1708 Castlerock Ave., from 9 am to 1 pm. Bring work gloves and clippers. Also donate paper towels, soups,
snack foods, or small cans of juice. Becky Elwell, 663-6964 or 663-3377. cancare2@nwi.net
Chelan -Douglas CASA: Create/fill Christmas stockings given to foster children during the holidays. Pick up patterns at 431 Douglas St. Arlene Grover or Sue Baker,
662-7350. arleneg@nwi.net or cdcasa@nwi.net
Chelan -Douglas Land Trust Projects: Reseed eroded trails at Saddle Rock 9 am to 3 pm. Bring gloves, shovels, rakes, wheelbarrows; wear sturdy shoes and protective
clothing. Bring water/snacks. RSVP Hanne Beener at 667-9708. hanne@cdlandtrust.org, wvvw,cdlandtrust.org
Diaper Drive - Junior Service League: Donate $$, diapers, baby wipes and baby formula for area families in need, 10 am to 2 pm, at Albertsons, WalMart, and both Food
Pavilions (Wenatchee & East Wenatchee). Lorena Villela, 670-8575. Ivillelal974@hotmail.com
Ferry Street Clean Up: Pick up trash, pull and spray weeds, paint over graffiti on Ferry Street 8:45 am to noon. Park on Methow St. across from the Ferry Street Market. Also
need a truck to haul away organic waste. Dave Williams, 630-6253 or 665-3634, wenatcheeduo@gmail.com
Food Bank Food Drive (NCW Association of Realtors): Drop off non-perishable food for 3 food banks in the Greater Wenatchee Valley. 9 am to 2 pm at Grocery Outlet,
1616 N. Wenatchee Ave. (for Salvation Army), Martin's Market (for Cashmere Food Pantry), or Dan's Market (for Leavenworth Community Cupboard). Doug Morger, 670-2342.
dmorger@eaglehomemortgage.com
Food Drive: Donate food to Leavenworth Community Cupboard at Smallwood's Harvest, Peshastin. L-Bow the Clown performs Oct. 26. 548-4196
Free Yard Sale: Haul it off, and it's yours! Annual free public giveaway of clothing, appliances, furniture, household items, bedding. 7 am to 2 pm. Foothills Foursquare Church,
315 S. Mission St. Denise Langlois, 663-8761. foothills4square@gmail.com
Habitat for Humanity: Work in yard 8 am to noon at 144 S. Terminal Ave. Bring work gloves/water bottle. Contact Jen Pearson -Gale, 509-393-8897.
Haven of Hope: Donate cleaners, paper products, laundry and kitchen products as well as trash bags, liquid laundry detergent, fabric sheets, and feminine hygiene items at
202 S. Franklin Ave. Paint for the porch is also needed. Irene Bazan, 664-6866 or 264-0953. Irene@hhmwen.org
Homeless Education Program: Donate classroom supplies as well as new backpacks, coats, socks & undergarments and/or $$. Drop off during regular business
235 Sunset St., Wenatchee. Complete list: contact Suzanne Stanton, 663-8161 ext. 33330. stanton.s@mail.wsd.wednet.
Lighthouse Christian Ministries and Disciple House: Landscape (bring tools) and prep house for painting at Disciple House, 744 N. Grover, East Wenatchee. Donate
cleaning supplies, bleach and paper products for Lighthouse, 526 S. Wenatchee Ave. Shawn Arington, 509-859-2115.
Mustard Seed Neighborhood Center: Clean up playground, parking lot & yard, and light clean inside at this non-profit preschool 9 am to 2 pm. Snacks provided. Bring
pruners, rakes, shovels and gloves to 1007 Malaga Ave. Mark Seman, 928-925-7617. mark@HMSArchitectures.com
New Life Adoptions Pasta Dinner: Order "Chicken Fettucine Dinner for 2" for $30 in advance and pick up on Oct. 26 from 3-5 pm. Reheat and dinner is served and you've
,'made a difference" for orphans in Washington State. Place order with Mike Magnotti, 699-1866. maddog@nwi.net
Ohme Gardens Projects: Prepare an area at Ohme Gardens for planting next spring, sort seeds, thin, weed or work on lawn and trail projects, 8 am to noon. Projects for
every skill level. For information and tools needed, call Mike Short, 662-5785. ohmegardens@charter.net
Packing Friendship: Donate canned and packaged foods at WalMart to distribute to elementary school children for weekend consumption. Collection sponsored by churches
in Wenatchee and East Wenatchee. Kay Berdan, 670-0722, or Lana Salvina, 884-3103.
Quilting for Foster Kids: Make and/or donate a quilt or quilt top for foster children or donate supplies or gift cards. High school seniors and older. Work party 9 am to 2 pm
and drop-off donations anytime at 908 Malaga Ave., Wenatchee. Leitha Weller, 470-6076. leitharcomedy@hotmail.com
Quilts of Valor: Make quilts honoring those touched by war 10 am-4 pm Sat/Sun (Oct 26,27) at Chelan Co. PUD auditorium.Lori Kutch, 669-1638.
Riverview Kiwanis: Donate warm clothing at collection 10 am-2 pm at Washington Park. Char Toliver, 509-264-0933, Elaine Hensley, 662-6439.
Salvation Army Lodge Clean Up: Clean up and winterize from 9 am-4 pm at 1205 S. Columbia St. Bring gloves. Delvin Schorzman, 884-2010.
Share -A -Bear: Donate new or gently used adult "huggable size" teddy bears and names of people who would like them for delivery to "forgotten" age groups. Drop off
anytime at 1035 Ninth St., Wenatchee. Faith Godbey, 663-3701. faithgodbey@charter.net
12th Teachers Make A Difference Book: Call with your story about a teacher who has made a difference in your life to be included in a book with a "message of hope."
Orders for books will be taken; proceeds go toward scholarships. Eldene Wall, 665-2629. eldenew@ncesd.org
Washington State Music Teachers Association: Attend concerts by students given at retirement homes. For times call Teri Rappe, 663-4121.
Warm Coats, Warm Hearts: Wenatchee Valley Coats for Kids is collecting new and cleaned coats, hats, gloves & scarves for kids preschool to high school. Donations are
made through the Wenatchee and Eastmont schools. Drop off donations Oct. 26. More details on Facebook and Twitter @WVCoatsforKids. Andrea Andrus, 509-387-0929.
aandrusl 2@gmail.com.
Wenatchee Central Lions: White Cane Day 7 am to 5 pm Friday, Oct. 25. Donate eyeglasses, hearing aids and $$ to Lions' Sight Foundation and Golden Ears at Albertson's
and Starbucks, Wenatchee. John Evenson, 206-920-8198. jgevenson46@hotmail.com
Wenatchee Valley Humane Society: Drop off cat litter, kitten food, chewies, rawhides, canned dog food and gift cards 11 am to 3 pm at the shelter, 1474 S. Wenatchee
Ave. Jill Leonard, 662-9577, ext. 415. jleonard@wenatcheehumane.org
Winter Clothing/Coat Giveaway: Free winter clothing/coats at J Russell, 517 S. Wenatchee Ave., distributed until gone by church members of Serve Wenatchee Valley
ServeFest. Bob Shepherd, 663-4673. www.servewenatchee.org
WRAC 60-Day Challenge: Donate money (goal is $10,000 in cash and goods) for local charity by supporting one of several 8-week fitness and fundraising teams. a
team during October and support a team on Oct. 26. Tammi Flynn, 670-8834. tammi@wrac.org ca r
YMCA Water Lily Calendar: Pick up an invitation Oct. 26 at Pybus Market to attend the Nov. 16 autograph and release party at the YMCA of the Water Lily 2014 .
Proceeds from the $10 calendar support youth scholarships at the YMCA. Rana Wilcox, 667-1436. Judy Brown, 663-8346 or Mary Kintner, 663-7667. lynnrana@nwi.net