CITY OF SOUTH BEND - COUNCIL MEETING - January 23, 2017

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1-2. CALL TO ORDER AND PLEDGE OF ALLEGIANCE

The council meeting was called to order by Mayor Struck at 5:30 pm followed by the Pledge of Allegiance. Members present: Councilor Williams, Councilor Neve, Councilor Webber, Councilor Hall, City Supervisor Houk, Police Chief Eastham and Clerk/Treasurer Roberts. Wyatt Kuiken was absent. (Excused)

3. APPROVAL OF AGENDA, CONSENT AGENDA, AND APPROVAL OF MINUTES

A motion was made by Councilor Neve to approve the Agenda, the Consent Agenda and the minutes of the January 9, 2017 regular meeting. The motion was seconded by Councilor Webber. Vote: Ayes-4, Noes-0, Absent-1

Vendors - Check #42703 thru Check #42729 - $28,731.17

4. CORRESPONDENCE

None

5. MAYOR PRO TEM APPOINTMENT

Mayor Struck requested an appointment for Mayor Pro Tem for 2017. Councilor Webber made a motion to retain Councilor Hall as Mayor Pro Tem for 2017. The motion was seconded by Councilor Williams. Vote: Ayes-4, Noes-0, Absent-1

6. 2017 CUSTODIAL SERVICES AGREEMENT

Mayor Struck presented the 2107 Custodial Services Agreement noting that there were no changes from the previous year except for the dates. Councilor Williams made a motion to accept the 2017 Custodial Services Agreement as presented. The motion was seconded by Councilor Neve. Vote: Ayes-4, Noes-0, Absent-1

7. 2017 CITY SUPERVISOR/BUILDING INSPECTOR PERSONAL SERVICES CONTRACT

Mayor Struck presented the 2017 City Supervisor/Building Inspector Personal Services Contract noting that the only changes, other than the dates, to the contract were Page 4: 2 – Building Inspector. Yearly salary was reduced to $6,000 (from $24,000) and gross receipts were increased to 20% (from 10%).

Councilor Hall made a motion to accept the 2017 City Supervisor/Building Inspector Personal Services Contract as presented. The motion was seconded by Councilor Neve. Vote: Ayes-4, Noes-0, Absent-1

8. 2017 CLERK/TREASURER PERSONAL SERVICES CONTRACT

Mayor Struck presented the 2017 Clerk/Treasurer Personal Services Contract noting that the only changes, other than the dates, to the contract was the addition of duties K – O on Page 2.

Councilor Hall made a motion to accept the 2017 Clerk/Treasurer Personal Services Contract as presented. The motion was seconded by Councilor Williams. Vote: Ayes-4, Noes-0, Absent-1

9. 2017 CHIEF OF POLICE PERSONAL SERVICES CONTRACT

Mayor Struck presented the 2017 Chief of Police Personal Services Contract noting that the only changes were the dates. Councilor Hall made a motion to accept the 2017 Chief of Police Personal Services Contract as presented. The motion was seconded by Councilor Webber. Vote: Ayes-4, Noes-0, Absent-1

10. 2017 PARKS CARETAKER CONTRACT

Mayor Struck presented the 2017 Parks Caretaker Contract noting that the only changes were the dates. Councilor Hall made a motion to accept the 2017 Parks Caretaker Contract as presented. The motion was seconded by Councilor Neve. Vote: Ayes-4, Noes-0, Absent-1

11. 2017 CITY PROSECUTING ATTORNEY CONTRACT FOR PROFESSIONAL SERVICES

Mayor Struck presented the 2017 City Prosecuting Attorney Contract for Professional Services noting that the only changes were the dates. Councilor Hall made a motion to accept the 2017 City Prosecuting Attorney Contract for Professional Services as presented. The motion was seconded by Councilor Webber. Vote: Ayes-4, Noes-0, Absent-1

12. 2017 CONTRACT FOR LEGAL SERVICES FOR INDIGENT CRIMINAL DEFENDANTS

Mayor Struck presented the 2017 Contract for Legal Services for Indigent Criminal Defendants noting that the city’s previous Indigent Criminal Defense attorney, Nancy McAllister, was recently appointed as South County District Court Judge. South County Court dates conflict with South Bend Municipal Court dates so a new Indigent Criminal Defense attorney, Jonathan Quittner, has been selected for South Bend Municipal Court. The monthly fee of $700 was also increased to $725.

Councilor Williams made a motion to accept the 2017 Contract for Legal Services for Indigent Criminal Defendants as presented. The motion was seconded by Councilor Webber Vote: Ayes-4, Noes-0, Absent-1

13. ITEMS FROM THE PUBLIC

None

14. DEPARTMENT HEAD REPORTS
  • Police Chief Eastham gave a brief overview of the happenings in his department since the last council meeting. He noted that winter is a fairly slow time.

    Police Chief Eastham noted that after the civil service testing on Tuesday, January 9th and the oral boards on Wednesday, January 18th there are three individuals on the hiring roster. Two on the entry level roster and one on the lateral roster. Number one on the entry level roster is Patrick Jo who currently lives in Bellevue, but his parents own The Inn in South Bend. Second is Rikki Coma whose dad is Rick Coma. Sarah Boggs is the lateral applicant. Her husband is Arlie Boggs, an officer for Raymond Police Department. Police Chief Eastham plans to make a hiring decision by the end of the week. Councilor Hall asked if he requires a two year commitment. Police Chief Eastham explained that the doesn’t have them sign anything but he does ask for a three year commitment not including the six months spent at the police academy.
  • City Supervisor Houk explained that the crew has been busy working on the streets and alleys since the rain and freezing weather.
  • City Supervisor Houk reported the garbage truck is having some oil cooler issues which has put oil through the system. The city is waiting for an estimate, but it is expected to cost around $1,000 to repair. City Supervisor Houk explained that the garbage truck is starting to fall apart and will need to be replaced within the next year before it stops running completely or requires a great deal of money to repair.
8. MAYOR’S REPORT
  • Mayor Struck reported about her time at AWC’s Mayor’s Exchange which was held in Olympia on January 17th and 18th. There were 90 Mayors in attendance. This is an opportunity for mayors to meet with various legislators and present their concerns, funding issues, unfunded or underfunded needs and/or things that are currently in the legislature that are important to cities. Mayor Struck, Mayor Logan from the City of Othello and Mayor Cronce from the City of Shelton met with Senator Sheldon to talk about the Centennial Fund that currently has 50 million set aside for grants for infrastructure. They encouraged Senator Sheldon to help keep that funded as infrastructure is crucial and unfunded for so many small cities.
  • Other things that are currently being looked at are revising the Public Records Act (PRA) for electronic records requests and allowing municipalities to charge for those types of requests. Some kind of PRA dispute resolution – how they were obtained, what was obtained, did the requested get what they asked for, etc. One thing being considered might possibly be mediation. Something less expensive for municipalities vs the complainant. Grant funding for technology investment – for record retention software. A lot of the costs associated with a public records request (PRR) is maintaining information in a format that is easy to access and distribute to people, but that type of software is expensive.
  • FAST Act which is Federal Highway Funds – which is currently funded at $75 million over five years. This is not Washington Department of Transportation so it really doesn’t affect us, unfortunately. One thing that they did cover was the “Roughness Index” which showed how, if you work to maintain your roads with chip sealing, etc. how much longer your roads will last compared to no maintenance at all.
  • There was a discussion about President Trump’s pledge of a Trillion dollars for infrastructure. In his first 100 days his plan is to get 140 billion from private investors with tax credit incentives. In the next 100 days he would lay out a large infrastructure package.
  • The Public Works Trust Fund has been swept. The way things stand right now even the payments that come in from current loan payments will be swept as they come in. The Association of Washington Cities (AWC) are currently trying to at least keep the payments that come in to help rebuild the fund, but AWC has been told that all of the money is needed to pay for the McCleary Decision.

(The McCleary decision stems from a lawsuit filed in 2007 by school districts, local teacher unions, community groups and the McCleary and Venema families. The plaintiffs won in trial court, and again in 2012 before the state Supreme Court.

Standing outside the courtroom Wednesday, Stephanie McCleary held a photo of her son Carter, who was a young boy when the case began. Carter is now a senior in high school. As the case has plodded along, other children of the McCleary and Venema families have graduated.

“I’m hopeful that maybe this is the time that we’ll be able to move forward,” said Stephanie McCleary. But, she added later: “I really didn’t expect to be here, sitting next to … adult children, when we started this lawsuit.”

Since the 2012 decision, lawmakers and Inslee have boosted state spending on school-bus transportation, materials and operating costs, and moved to provide all-day kindergarten and reduce class sizes in kindergarten through grade 3.

But it left what’s arguably the hardest task for last — pay for teachers and other school employees.

The education funding task force formed by the Legislature last session is expected to draft a plan for fully funding basic education by the start of the 2017 legislative session, which begins in January. That will come after the task force receives a detailed analysis from an independent consultant on teacher pay and how much is now covered by school districts through local property-tax levies.

Sen. Christine Rolfes, D-Bainbridge Island, said she hopes both Democrats and Republicans can come up with a plan that has bipartisan support.

Inslee is also expected to release a McCleary plan when the governor’s office rolls out its proposed budget in December.

For those who have watched the case unfold over the years, a resolution on school funding can’t come soon enough.

“I think the merry-go-round analogy [made by Ahearne] was very good,” said Kim Mead, president of the Washington Education Association, the state’s largest teacher’s union. We’re waiting for the merry-go-round to stop.”)

  • Mayor Struck noted that she will be going to AWC’s City Action Days next month – February 15th and 16th. Held annually during the legislative session, City Action Days is AWC’s two-day legislative conference to educate statewide decision makers about city priorities and push the city agenda forward.
16. COUNCIL COMMENTS
  • Councilor Williams asked if there was any money set aside to purchase a garbage truck. Clerk/Treasurer Roberts explained that the garbage fund currently has $45,000 set aside in capital outlay for a down payment or to help with loan payments. City Supervisor Houk noted that in 2018 the city would be looking at purchasing a new garbage truck with a lifting arm. The city would also be required to purchase the garbage cans that work with this type of system. The cost would be in the range of $250,000 and would require a loan. Mayor Struck explained that the majority of the L & I claims that the city has had over the years stem from the garbage truck and the wear and tear it has on a person’s body lifting so many cans (approximately 900) per week, not including pushing dumpsters around.
  • Councilor Neve presented City Supervisor Houk with a large set of bolt cutters which were given to her by Citizen Richard Glover. Mr. Glover advised Councilor Neve that he had witnessed an incident where first responders were unable to enter a trailer because it was paddle locked and the first responders didn’t have the equipment to cut the lock so he wanted to provide them with the bolt cutters for future use. City Supervisor Houk advised he would pass them on.
  • Councilor Webber complimented Sargent Stigall for responding to a call that Councilor Webber’s husband Jamie had made regarding people loitering around Bud’s Lumber one evening. Sargent Stigall took the time to call Jamie back and give him an update about the call. It was very much appreciated. Good Job Sargent Stigall.
  • Councilor Hall mentioned that in December he had been in city hall talking with Mayor Struck and City Supervisor Houk who had been trying unsuccessfully to get ahold of the Department of Fish & Wildlife (DFW) regarding some dead trees at the boat launch. Later that day City Supervisor Houk was finally able to get ahold of someone from DFW and since that time the city crew has taken care of the dead trees. Good job!
17. EXECUTIVE SESSION – LABOR NEGOTIATIONS

Prior to adjourning to Executive Session Mayor Struck advised that no decisions would be made. Mayor Struck called the Executive Session to order at 5:58 PM for 10 minutes for the purpose of labor negotiations. Councilor Williams, Councilor Neve, Councilor Webber, Councilor Hall, City Supervisor Houk, Police Chief Eastham and Clerk/Treasurer Roberts were in attendance.

Mayor Struck reconvened the meeting at 6:04 pm.

Executive sessions are done in accordance with RCW 42.30.080

18. ADJOURNMENT

The meeting was adjourned at 6:04 PM to meet again at 5:30 PM on Monday, February 13, 2017 for the next regularly scheduled meeting at South Bend City Hall.