MEETING OF THE CITY OF CONNELL , WASHINGTON
CONNELL, FRANKLIN COUNTY , WASHINGTON

April 10, 2006  

The Workshop of the City Council of the City of Connell was called to order by Mayor Walton at 6:35 pm in the City Hall.

ROLL CALL

PRESENT:       Mayor Gary Walton , Mayor Pro Tem Ron Boyer, Councilmembers Monica Pruett , Rhonda Quinton, Kent Mosbrucker, and Jim Klindworth.

STAFF:            City Administrator Art Tackett, City Attorney Terry Tanner, and Deputy City Clerk-Treasurer Maria ChavezPeña.

VISITORS:      Phil Riche, Canfield & Associates; Bob Vanderbilt, Ed Poe Insurance Agency; and Kathy Bingham, Franklin County Graphic . 

 

ORDER OF BUSINESS

CANFIELD AND ASSOCIATES

Phil Riche, Director of Claims & Litigation for Canfield & Associates, provided that Canfield and Associates was a third party administrator who in turn worked for the Cities Insurance Association of Washington .  Canfield & Associates was governed by a board of directors elected by the members in the pool and were held accountable for every cent spent. Mr. Riche’s specific job was to run the claims and litigation department and work with attorneys who defended and represented cities within the pool.  Currently there were about 110 cities and approximately 150 associate members (water districts, fire districts, irrigation districts).  Also provide insurance to several school pools, county pool and a non profit claims pool.  Usually handled about 250 to 300 claims a month. Once a claim was received it was assigned to an adjuster.  The adjuster then made contact with the insured and claimant, usually within 24 hours.

Mr. Riche provided that he had served as a councilman in Ephrata and while serving on the council he had been sued by a developer who had gone through the process to plat his land and was getting ready to develop it.  The developer had done everything laid out for him. Mr. Riche voted against letting him proceed and got named in a lawsuit. 

Mr. Riche advised that when decisions were made as a council, decisions needed to be based on legal rights.  Legal rights were not always the same as to what one thought was morally right or right in general. Decisions had to be based on the process that had been laid out by the City.

There was also no insurance coverage for the lawsuit because the city’s attorney had advised them prior to the vote that legally the developer had done everything that was required to develop the property and that they would be denying his civil right.  Mr.Riche advised that when council did that intentionally they got outside of their insurance coverage. The outcome was that they ended up paying the developer $20,000 in addition to letting him develop. 

Types of insurance coverage included:

E & O (errors and omission also known as public official’s liability coverage) - E & O covered any decision made as a result of the day to day job on behalf of the City.

G & L (general liability coverage) – Provided coverage if doing something on behalf of the city and caused damage to someone or physically harmed someone.

The City’s policy covered each individual up to $10 million for any action, with an aggregate of $20 million for that occurrence but there were ways to get outside of the coverage.

Arbitrary & Capricious – Even though you knew it was not legally the right thing to do you did it anyways.  If City Attorney advised you something was wrong and you did it anyways. No coverage would be provided for acts that were Arbitrary & Capricious. 

Mr. Riche advised that if the attorney that the city employed were to give council advice that they did not want to follow the recommendation would be to get a second opinion from another attorney. 

From a legal perspective Council would not want to do anything against what the City Attorney recommended without getting a second opinion.

Breach of Contract – When an agreement was made with someone to provide something in exchange for something else and Council backed out. Coverage was not usually provided when there was a Breach of Contract.

E & O coverage extended to Councilmembers serving on other boards and were representing the City.

In regards to Council input on settling a case Mr. Riche advised that the Mayor and City Administrator were kept informed of what was happening on the case.  Council and Mayor would be invited to court hearings and would also have a chance to offer their opinion on the claim.

Mr. Riche advised that their Risk Management department had samples of Hold Harmless Agreements that the City could use for other entities who wished to use city facilities.  The Hold Harmless Agreement would not be of any value if an organization were not identified or if there were no Certificate of Insurance.

Relating to liquor coverage, there were some stipulations and recommendations on how to run a beer garden that Canfield and Associates provided.

Canfield and Associates provided risk management inservices and facility reviews (shop, parks) at no extra charge. Mr. Riche would provide a list of inservices to staff.  

            Mayor Walton suggested reviewing the list and setting a workshop for a future date. 

WORKSHOP ADJOURNED

Mayor Walton adjourned the workshop at 7:18 and recessed the meeting until 7:30 pm .

REGULAR MEETING RECONVENED

The regular semi-monthly meeting, of the City Council of the City of Connell was called to order by the Mayor at 7:30 pm in the City Hall and was opened with the Pledge of Allegiance.

 

ROLL CALL

PRESENT:       Mayor Gary Walton , Mayor Pro Tem Ron Boyer, Councilmembers Monica Pruett , Rhonda Quinton, Kent Mosbrucker, and Jim Klindworth.

STAFF:            City Administrator Art Tackett, Public Works Director Pat Munyan , Chief of Police Rick Rochleau, and Deputy City Clerk-Treasurer Maria ChavezPeña.

VISITORS:      Jim Riddell, Thomas Fisher, Ron Brandner, Burl Booker, Carol Lindner; Herman Woo, Chamber of Commerce; Scott Frakes, CRCC;  Alan Schroeder, Anderson Perry and Assoc; and Kathy Bingham, Franklin County Graphic .

CORRESPONDENCE

1)         Department of Ecology – Reminder that the Burn Ban would go into effect Jan 1, 2007 for residential and land clearing burning in all urban growth areas in the state.

            City Administrator Tackett noted that he was working with County staff on getting compost boxes to give out.

2)         WA State Liquor Control Board – Liquor license renewal for Town & Country Lanes.  No objections were heard.

3)         Franklin County Emergency Management – Invitation to a Pandemic Flu Workshop May 9th.

4)         WA State Dept. of Ecology – Provided a Certificate of Recognition to the City of Connell as the newest member of the Mid-Columbia Community to have joined the Annual Mid-Columbia Earth Month and Community Cleanup events.

CONSENT CALENDAR

Councilmember Klindworth requested a clarification of the minutes of March 27 page 7 to reflect that the new bill that was passed into legislation, the new Schoesler Law, would allow the City to file a form with the Department of Ecology.  This form would allow the City not to have to pump the irrigation wells in order not to lose those water rights.

Motion: Councilmember Mosbrucker moved to approve the Consent Calendar as listed with the clarification;

a)      Minutes of the March 27, 2006 Regular Council Meeting

b)      Warrant Register 4/03/06 for $145.44

c)      Warrant Register 4/6/06 for $1,470.08

d)      Warrant Register 4/10/06 $78,158.83

e)      Payroll  of  4/10/06 for $10,816.38

f)        Motion to approve the Interlocal Agreement with Franklin County for Administering HB 2060.

            Councilmember Quinton seconded motion.  Motion carried unanimously.

CITIZEN COMMENT/NON-AGENDA ITEMS

Ron Brandner inquired as to having the citizen comment portion after the meeting. 

Mayor Walton advised that the Citizen Comment portion was to allow citizens to bring forth an item for discussion and to allow for that item to be placed on the agenda for action.

Burl Booker inquired as to Council’s preference on comments being made during the meeting from members of the audience.

Mayor Walton advised that according to state law (Open Public Meetings Act RCW 42.30) the City was not required to allow the participation of the public during the regular meeting unless it was a public hearing. 

Katherine Bingham invited Council to the Spring Fling on April 29th.

Mayor Walton noted that there would be dumpsters set up April 22nd through April 30th.

Burl Booker noted that he had an empty lot in Brentwood that could be used for the placement of a dumpster if needed.

Staff would look into getting a shredder to shred branches.

Councilmember Boyer advised that he had received a complaint in regards to the heavy semi truck traffic on West Elm.  There was a ‘No Trucks’ sign posted at Elm. Trucks were being parked along the road.

Public Works Director noted that Elm Street was designed to hold truck traffic and that trucks were allowed on West Elm for Sand & Gravel and Broberg and that either the City should enforce the sign or take it down.

Councilmember Klindworth expressed that City Administrator Tackett had done a good job in putting in an Activity & Project Status Report in the Agenda packet.

 

APPROVAL OF AGENDA

Mayor Walton made the following addition to the Agenda:

            14 a) Spring Fling Street Closure

Motion: Councilmember Pruett moved to approve the agenda as amended. Councilmember Quinton seconded motion.  Motion carried unanimously.

ORDER OF BUSINESS

CHAMBER REQUEST FOR 4TH OF JULY

             Herman Woo, Chamber President, discussed plans for the 4th of July celebration and requested permission to hold a beer garden at Pioneer Park.

            Councilmember Boyer inquired if Chamber had insurance coverage that would cover them during the beer garden and encouraged Mr. Woo to contact the Lions Club who possibly could provide insurance coverage.

            Mayor Walton advised that the City would be receiving information from Canfield and Associates on stipulations and recommendations on running a beer garden and would be getting back to Mr. Woo.

Motion: Councilmember Klindworth moved to table the Chamber request until more information was received from Canfield and Associates.  Councilmember Mosbrucker seconded motion, motion carried unanimously.

 

DOC INFRASTRUCTURE UPDATE

            Alan Schroeder of Anderson Perry reported on the following:

            Wastewater: The wastewater evaluation report was nearly completed. The project would double the size of the existing facility.

            Mr. Schroeder provided a handout on the Wastewater System Design Criteria for the CRCC Expansion and a flow chart of the existing treatment and irrigation system.

            Mr. Schroeder discussed that the water pipeline that was going in would follow the road to the Wastewater Treatment Plant.  Currently the road had some bumps in it.  The road would be smoothed out now and graded so that the waterline could be placed in the right spot in the shoulder.  When the road was developed in the future more rock would be added and then asphalted. 

            Scott Frakes, CRCC Superintendent, expressed that the firm that was awarded the bid would come before Council and would also be at a community meeting to answer questions.

 

DOC OFFENDER WORK CREW

            City Administrator Tackett advised that there was a major change in the contract of a 32% increase in the hourly rate. Another issue was the stricter supervision requirements.  Supervision requirements were significantly different than 12 years prior when the City first entered into the agreement. 

            Public Works Director Munyan commented that inmates were very beneficial on big projects but not so much on day to day operations. Time frame for inmates on crews had been reduced which created more work having to retrain inmates each time a new one was brought on.

            Scott Frakes, CRCC Superintendent, noted that the increase was due to the cost to insure prisoners.  

            Mayor Walton suggested setting up a meeting with Mr. Frakes and City staff to go over the contract. Councilmember Boyer and Councilmember Mosbrucker would also be at the meeting.

 

REAL ESTATE COST

            City Administrator Tackett reported that the Real Estate Committee met and established prices for City property.

            City Administrator Tackett also reported that the plat map for the property south of US Bank had been reviewed by Avista and a change was made to the easement from 6 feet to 10 feet.

 

MEETING RECESSED AND RECONVENED

Mayor Walton recessed the meeting for a two minute break at 8:37 .  The meeting was reconvened at 8:39 .

Prices were established as follows:

          1. Parcel 106-670-088:        4.68 acres @ $10,000 per acre = $ 46,800 
                                                 1 year to begin development

           2. Catholic Church Lots:       $1.5 per square foot

                  Parcel 106-692-046           $18,259

                  Parcel 106-692-055           $18,259

                  Parcel 106-692-091           $18,259

                  Parcel 106-692-082           $18,259

                  Parcel 106-692-064           $13,257

                  Parcel 106-692-073           $25,332

                  Total                               $111, 625          

           

            3. Commercial lots:                   $ .75 per square foot

                 Block #1

                 Parcel 109-880-042            $57,015

                 Parcel 109-880-051            $51,720

                 Parcel 109-880-060            $67,687

                 Block #2

                 Parcel 109-880-097           $40,893           

                 Block #3

                 Parcel 109-880-104            $65,580

Motion: Councilmember Klindworth moved to set the minimum price for the property as listed and discussed.  Councilmember Pruett seconded motion.  Motion carried unanimously.  

 

MEMORANDUM OF UNDERSTANDING WITH NFSD

            City Administrator Tackett reported that he had met with NFSD.  It was agreed to add a Councilmember to the review group to go over the memorandum.

            Councilmember Pruett agreed to be on the review group.

            Council discussed maintenance of the property. 

This item would be brought back to Council.

           

INTERLOCAL AGREEMENT WITH FRANKLIN COUNTY

            City Administrator Tackett advised that this Interlocal Agreement was a rough draft.  There were several concerns with the Agreement that needed to be looked into.

            The fee was based on a percentage of the construction cost.  Since the original agreement the construction cost had gone up. 

            Councilmember Klindworth indicated he would prefer to see a dollar amount, instead of a percentage, and that it should be based on the original agreement amount.

            Councilmember Klindworth also indicated some concern with the termination clause.

            Attorney Tanner agreed to provide language for default.

 

RESOLUTION NO. 2006-05 – AMENDMENT TO THE SIX YEAR TIP

Motion: Councilmember Pruett moved to approve Resolution No. 2006-05 adding the interchange to the Six Year TIP. Councilmember Mosbrucker seconded, motion carried unanimously.

 

SPRING FLING STREET CLOSURE

Deputy Clerk Treasurer Pena requested street closure for the two blocks between Franklin and Borah for the Spring Fling on April 29th between 9:00 am and 4:00 pm .

Motion: Councilmember Pruett moved to authorize street closure for the Spring Fling.  Councilmember Quinton seconded motion, motion carried unanimously.

COMMITTEE / DEPARTMENT REPORTS

 

PLANNING COMMISSION – City Administrator Art Tackett

1)         There would be a Planned Unit Development training session for the Planning Commission on April 11.

CITY HALL – Deputy Clerk-Treasurer Maria ChavezPeña

1)         The audit for the 2004-2005 FY had begun.

PUBLIC WORKS – Public Works Director Pat Munyan

1)                   Received dirt from LambWeston for the park thanks to Councilmember Boyer.

2)                  Gearing the parks and pool up for spring.

POLICE DEPARTMENT REPORT – Police Chief Rick Rochleau

1)                  Officer Quinton was taking a rifle instructor class.

2)                  Officer Kuehny would be taking training in defensive tactics.

3)                  Continuing to work with junk vehicles.  Would bring in a list of cars to be surplused.

CITY ADMINISTRATOR’S REPORT – City Administrator Art Tackett

1)                  Would be getting the Commercial Plat recorded, after which the parcels would be available for sale.

2)                  Spoke to Jack Olsen and Doreen Gagger in regards to prison impact fees.

3)                  Spoke to Department of Ecology regarding water rights relinquishments, would be providing a form the City would need to complete and submit.

4)                  Received a request from Connell Grain Growers to place 8 grain bins on each side of Adams Street . Would like to come up with some alternatives that would be better suited.

5)                  Jim Riddell inquired if Council would like to meet with him and go out to the farm to look at what had been done and look through maps and plans.  Would need to advertise as a special meeting.

6)                  Economic Summit scheduled for May 6th.

MAYOR’S REPORT – Mayor Gary Walton

1)                  Citizen Advisory Committee May 4th.

Councilmember Klindworth noted that more research would be done on the Quiet Zone designation for the railroad.

Councilmember Mosbrucker voiced his appreciation of the status report done by City Administrator Tackett and requested Public Works also provide a status report on some of the projects being done.

 

MEETING ADJOURNED

There being no further business to be heard before the City Council, Mayor Walton adjourned the meeting at 9:35 pm .