Town of Rockford B&O Utility Tax Ordinance No. 13-07

TOWN OF ROCKFORD
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 13-07

 

AN ORDINANCE OF THE TOWN OF ROCKFORD, SPOKANE
COUNTY, WASHINGTON IMPOSING A UTILITY TAX TO PROVIDE REVENUE FOR THE GENERAL FUND, ESTABLISHING AN EFFECTIVE DATE THEREOF, AND REPEALING ORDINANCE 13-05.

WHEREAS, the basic Town service levels would be greatly reduced without a new source of revenue;

WHEREAS, the Town Council finds it necessary to enhance revenues for the purpose of providing additional funds into the General Fund for increasing expenses;

WHEREAS, the Town Council has determined that the public interest is best served by the implementation of a 6% utility tax on all electrical bills;

WHEREAS, the State of Washington, pursuant to RCW 35.21.870, has authorized towns to raise revenue for the privilege of conducting certain utility businesses in the Town and use said revenues to maintain the services, duties, and obligations of the Town;

WHEREAS, the Town Council will annually review the budget to determine if the additional funds generated by the utility tax are still required for the specified purpose or the need to change the rate implemented; and

WHEREAS, the Town Council desires to repeal Ordinance No. 13-05 for the purpose of amending the effective date of the utility tax described herein

NOW, THEREFORE, be it ordained by the council of the Town of Rockford, Washington, as follows:

Section 1: Repealed. Ordinance No. 13-05 is hereby repealed in its entirety.

Section 2: Utility tax. The tax provided for in this Ordinance shall be known as the "utility tax" and is levied upon providers of electrical energy business within the Town effective on November 15, 2013.

Section 3: Use and Accountability of Tax Proceeds. All revenues collected under this Ordinance shall be deposited in the General Fund and as the Town Council directs, shall be used for the expenses in the General Fund and for possible inter-fund transfers to other funds that are in need of additional revenue due to expenses.

Section 4: Definitions. In construing the provisions of this ordinance, except when otherwise declared or clearly apparent from the context, the following definitions shall be applied:

A. "Business" means and includes all activities engaged in with the object of gain, benefit or advantage to the taxpayer or to another person or class, directly or indirectly.

B. "Electrical Energy Business" means the business of operating a plant or system for the generation, production, distribution or furnishing of electrical energy for hire or sale and/or for the wheeling of electricity.

C. "Gross income" means the value proceeding or accruing by reason of the transaction of the business engaged in and without deduction on account of the cost of the property sold, the cost of materials used, labor costs, interest, discount, delivery costs, taxes or any other expense whatsoever paid or accrued and without any deduction on account of losses, except as otherwise provided for in this ordinance. Gross income does not include charges which are passed on to subscribers or customers by a taxpayer pursuant to tariffs required by regulatory order to compensate for the cost to the taxpayer of the tax imposed by this ordinance.

 

D. "Person or Persons" means persons of either sex, firms, co-partnerships, corporations, limited liability companies, and other associations, whether acting by themselves or through servants, agents or employees.

 

E. "Quarterly period" means a three-month period beginning the first day of the following months: January, April, July and October.

 

F. "Taxpayer" means and includes any person, firm, entity, or corporation liable for the utility tax imposed by this ordinance.

 

G. "Tax year" or "taxable year" means either the calendar year or the taxpayer's fiscal year when permission is obtained from the Town to use a fiscal year in lieu of a calendar year.

 

H. "Town" means the Town of Rockford, Washington.

 

I. "Value proceeding or accruing" means the consideration, whether money, credits, rights or other property expressed in terms of money, actually received or accrued.

 

The terms shall be applied, in each case, on a cash-receipts or accrual basis according to which method of accounting is regularly employed in keeping the books of the taxpayer.

 

Section 5: Imposed--Amount. There is levied and there shall be collected from every person, firm or corporation engaged in the business activities hereinafter set forth, for the act or privilege of engaging in such activities within the Town, a tax to be known as a "utility tax" in the amounts to be determined by the application of rates herein stated against gross income, as follows:

 

A. Upon every person, firm or corporation engaged in or carrying on an electrical energy business for sale, delivery or distribution of electricity services, a tax equal to six percent (6%) of the total gross income derived from the sales of electricity services to users within the Town's boundaries.

 

Section 6: Deductions. In computing the tax levied under this ordinance, there shall be deducted from the gross income any income derived from transactions in interstate or foreign commerce or from any business which the Town is prohibited from taxing under the Constitutions of the United States or the state of Washington.

 

A. Adjustments made to a billing or customer account in order to reverse a bill or charge that was not properly a debt of the customer.

 

B. Uncollectible debts written off the taxpayer's books during the tax year. If subsequently collected, the income shall be reported for the period in which collected.

 

Section 7: Quarterly installments--Due date. The tax imposed by this ordinance shall be due and payable in quarterly installments. Remittance shall.be made 011 or before the thirtieth (30th) day of the month next succeeding the end of the quarterly period for which the tax accrued, that is on January 30th,  April 30th, July 30th and October 30th of each year. The remittance shall be made to the Town and accompanied by a return on a form to be provided and prescribed by the Town. On the return the taxpayer shall be required to swear or affirm that the information therein given is full and true and that the taxpayer knows the same to be so.

 

Section 8: Delinquency penalty--Collection. If payment of any fee or tax due under this ordinance is not received by the Town on or before the day it becomes due, there shall be added a penalty in interest as follows:

 

A. One to forty days delinquency, ten percent (10%) of such delinquency;

 

B. Forty-one to seventy days delinquency, fifteen percent (15%) of such delinquency; and

 

C. Seventy-one or more days delinquency, twenty percent (20%) of such delinquency.

 

Any tax due under this ordinance and unpaid, and all penalties thereon, shall constitute a debt to the Town and may be collected by court proceedings, which remedy shall be in addition to all other remedies. In any such proceedings the Town shall be entitled to recover all collection costs including reasonable attorney fees.

 

Section 9: Overpayment. Any money paid to the Town through error or otherwise not in payment of the tax imposed hereby or in excess of such tax shall, upon request of the taxpayer, be credited against any tax due or to become due from such taxpayer hereunder or, upon taxpayer's ceasing to do business in the Town, be refunded to the taxpayer.

 

Section 10: Recordkeeping.--Inspection. It shall be the duty of every person, firm or corporation subject to the provisions of this ordinance to keep and preserve for a period of five (5) years such books and records as will accurately reflect the amount of gross income from which can be determined the amounts of any fee or tax for which there may be liability under the provisions of this ordinance. The term "books and records" as used in this section, includes the taxpayer's copies of federal excise tax returns, State of Washington excise tax returns and copies of excise tax audits made by the United States or the State of Washington, and furnished to such person, firm or corporation if any. The taxpayer's books and records shall be opened for examination at all reasonable times by the Town or a duly authorized representative.

 

Section 11: Administration--Rules. The Town is authorized to adopt, publish and enforce, from time to time, such rules and regulations for the proper administration of this ordinance as shall be necessary.

 

Section 12: Annexation--Copies of ordinance provided. Whenever the boundaries of the Town are extended by annexation, all persons, firms and corporations subject to this ordinance will be provided copies of the annexation ordinance by the Town within 30 days of said annexation proceeding if possible.

 

Section 13: Violation--Penalty. Any person, firm or corporation subject to this ordinance who fails or refuses to make such tax return or to pay such tax when due, or who makes any false statement or representation in or in connection with any such application for such tax return, or who otherwise violates or refuses or fails to comply with the provisions of this ordinance, or with any rule or regulation promulgated hereunder, is guilty of a misdemeanor.

 

Section 14. Referendum Procedure. A referendum petition with respect to this ordinance may be filed with the Town Clerk within seven days of the passage of this ordinance.

 

The referendum procedures set forth in RCW 35.17.240 through 35.17.360, as hereafter amended, shall apply, with the following additions and amendments as required by RCW 35.21.706:

 

A. Within ten days of the filing of the petition, the Town Clerk will confer with the petitioner concerning the form and style of the petition, issue and identification number, and secure an accurate, concise and positive ballot title from the Town Attorney;

 

B. The petitioner shall have thirty days in which to secure the signatures of not less than 15% of the registered voters of the Town, as of the last municipal general election, upon petition forms which contain the ballot title and full text of this ordinance;

 

and

 

C. The Town Clerk shall verify the sufficiency of the signatures on the petition, and if sufficient valid signatures are properly submitted, shall certify the referendum measure to the next election ballot within the Town, or at a special election as provided pursuant to RCW 35.17.260(2).

 

Section 15: Repeal- severability. Any ordinance or parts of ordinances in conflict herewith are hereby repealed. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason declared or held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.

 

Section 16: Effective Date. This ordinance shall be published in the official newspaper of the Town and shall take effect and be in full force five (5) days after the date of publication.

 

PASSED by the Town Council on 9/4/1/3
        Micki I. Harnois, Mayor

ATTEST:
John M. Goyke, Town Clerk/Treasurer  

APPROVED AS TO FORM:
_______________________
Town Attorney 

Rockford Town Council September 4, 2013 Meeting Minutes

Rockford Town Council

September 4, 2013

7:00 pm

NOTE TO PERSONS REVIEWING THIS DOCUMENT: THIS IS NOT A VERBATIM TRANSCRIPT. WHILE AN ATTEMPT HAS BEEN MADE TO DOCUMENT PERTINENT POINTS, THESE MINUTES CONTAIN ONLY A SUMMARY OF THE DISCUSSION AND VOTING.

Mayor Micki Harnois called the meeting to order after the Pledge of Allegiance was recited at 7:00 pm.  Council members present were:  Carrie Roecks, Clint Stevenson, Dave Thompson, and Travis Glidewell.  Brenda Gambrel, Deputy Clerk and John Goyke, Clerk/Treasurer/Public Works Operator were also present.

The regular Town Council meeting was called to order at 7:04 pm.

Planning and Zoning

Mayor Harnois announced that the Planning and Zoning Commission had met last Wednesday, August 28, 2013 and asked for a report regarding the meeting.

Howard Brutschy stated that the Planning and Zoning meeting minutes were unavailable at this time, but proceeded to inform the Council on the happenings of the meeting.  The Council was updated on the permitting process.

Howard Brutschy also reported on the development across from Steve Meyer regarding the interest in drilling a well by property owner Pam Keys, Planning and Zoning found nothing in the Ordinance stating that you cannot drill a well on your property.  He stated that if you are in town and have water service and want to drill a well you are welcome to do so.

Planning and Zoning also discussed the zoning for agricultural production and/or processing of marijuana.  It was affirmed by Howard Brutschy that the Washington State Liquor Control Board at this point, indicates that they will not have any of their rules out until November 4, 2013 at the earliest.  He acknowledged that a precedent may have already been set by people selling vegetables at the Farmer’s Market.

Mayor Harnois addressed the building permit submitted by Peggy Fricks regarding the installation of a fence.  Peggy Fricks stated that the new section of fence will be connecting with the existing fence that is already in place.  Carrie Roecks asked if anyone from Planning and Zoning had been up to look and the fence.  Howard Brutschy stated that he had and everything checks out.

ACTION

Clint Stevenson made a motion to accept Margaret Fricks fence permit as presented to be constructed on 411 E. Lee Street; seconded by Dave Thompson.  The motion carried.

Spokane Regional Health District:  e-cigarettes

Mayor Harnois handed out a packet from SRHD regarding information and regulations concerning e-cigarettes.  The packet contained the ordinance that Spokane County had adopted.  Mayor Harnois stated that this was the regulation prohibiting the sale of e-cigarettes to minors.  She also affirmed that Freeman School District has an existing policy stating that e-cigarette devices are not allowed on the school grounds along with other tobacco related items.  There will be a discussion at the next meeting regarding this issue.

LDS Community Service

Mayor Harnois reminded the Council that Latter Day Saints Church from Painted Hills will be coming down on September 14, 2013 to do a clean up around town.  They will be cleaning up before the fair, paying special attention to the detour routes, down town, the park, and the fair grounds.  They will be painting, weed eating, and anything they can to spruce up the town for fair weekend.  There are some organizations that will be present to prepare them lunch.  They will be in town from 8:00am to about 1:00pm.

Mayor’s Comments:

The Mayor thanked Vicki for manning the office last Tuesday. 

Primmer Land Contract for use by Town for the Southwest Reservoir

Carrie Roecks stated that there was a good consensus regarding the Primmer water reservoir agreement and that the changes were now in the hands of Jody Cornwall.

Jody Cornwall reported that the Primmer’s attorney has a legal obligation to send the contract to the Town’s attorney.  She stated that she would be emailed a copy of the contract and would email a copy to the Council.

 
Carrie Roecks reported that one of the requests from the Primmers’ was to add as an additional insured because it’s the Town’s property on their property.  Carrie Roecks proceeded to read aloud the notice to evidence of coverage which explained that AWC cannot add the Primmers without that holder but would be covered under the blanket policy.

Spokane County Comprehensive Plan

Mayor Harnois reported to the Council that Spokane County is currently updating a portion of their comprehensive plan to include parks and law enforcement.  They want to change the current plan which states; 1.01 officers per 1,000 of population and 3.04 jail beds per 1,000 of population to say, provide police and jail services consistent with federal regulations and to adequately serve and protect the citizens of Spokane county.  Mayor Harnois stated that Spokane County Planning Commission will hold a public hearing September 12, 2013 at 9:00 am if anyone is interested in attending.

Cougar Corridor

Mayor Harnois informed the Council that the Town will be part of the Cougar Corridor this year, promoting home games for WSU.  Pamphlets, posters, and flags will be handed out to the various businesses around town to show support.

Marijuana Law Update

Mayor Harnois updated the Council on new rules set forth by the Liquor Control Board.  They are looking at having 18 retail outlets in Spokane County that will sell marijuana.  They will continue to recognize the 1,000 foot radius from schools, parks, daycares, and community centers.  Mayor Harnois stated that the 1,000 foot radius is measured from sidewalks or roads.  Also mentioned by Mayor Harnois, was the maximum size of a building for growing being 30,000 sq. ft.  The Liquor Control Board estimates that permits will start being issued in December and stores will begin to open up in the spring.

Steve Meyer reported that Colorado voted to not make it legal for small towns to sell within their city limits.  He feels that it would be a good idea to get an ordinance in place so that the sale of marijuana could not happen within the Town’s limits.  The Mayor stated that this was one of the issues that the Planning Commission was working on, but that they had to have their regulations in order first. 

Carrie Roecks acknowledged that the business license issue needed to also be resolved so that anyone wanting to operate a business which sells marijuana would have to come before the Mayor and Council to obtain a license.

Chuck Collison asked if the Town had considered the tax generated with only 18 outlets selling in Spokane County.  He stated “I mean we’re selling pot not meth.”  Carrie Roecks agreed that it definitely would bring in lots of sales tax, but feels that the Rockford community is not ready to accept this matter.

Robert Tollefson inquired about selling hemp based products at the Exxon.

Committee Reports:

John Goyke reported that we will be forced into a new water test schedule in October.  He is not sure what the cost will be at this point.

Approval of Minutes

ACTION

Clint Stevenson made a motion to accept the August 21, 2013 regular Council minutes as presented; seconded by Carrie Roecks.  The motion carried.

The special meeting minutes from August 29, 2013 will be corrected and ready for approval at the September 18, 2013 meeting.

Approval of Claims

ACTION

Clint Stevenson made a motion to pay check #’s 12156-12181 in the amount of $11,893.05 as presented; seconded by Dave Thompson.  The motion carried.

Claims             12156-12181                           $11,893.05

Old Business

Rock Creek Dredging

Travis Glidewell stated that he had made contact with Cynthia Wall regarding the dredging of Rock Creek.  He stated that there are grants available but did not recommend seeking one this late in the year.  Carrie Roecks stated that she feels we should still clean a portion of Rock Creek this year.  The Mayor informed the Council that a Jarpa permit would be required.  John Goyke and Micki Harnois will fill out the paperwork.

Community Service Committee

Mayor Harnois reminded the Council that this was the position on the CDBG application regarding the community service vacancy.  She stated that they need someone for the second Thursday of every month from September to July at 4:00 pm. 

Town Reader Board

Dave Thompson and Ivan Willmschen are still working on the reader board.  Mayor Harnois asked if they would like some help from an Eagle Scout.  Dave Thompson stated that would be fine.

Website

Mayor Harnois affirmed that nothing has been happening with the website, but that Andrew Coumont had emailed again.  Mayor Harnois then asked what had been decided about Andrew Coumont’s contract.  Carrie Roecks replied that nothing was decided because he was supposed to meet with the Council but never showed up.  Carrie Roecks was concerned about paying the monthly fee for the lack of service being received.

Frontier Internet Proposal

Mayor Harnois addressed the new business proposal for internet service  provided by Frontier.  It was acknowledged that the first proposal was incorrect due to the amount of lines that would be in use.  The updated proposal would be for 3 business lines for $79.97 and internet $19.99 making the total per month $99.96.  This is double the original quoted proposal of $46.99 due to a mistake on the part of Frontier Communications.

ACTION

Dave Thompson made a motion to accept Frontiers proposal for $99.96 per month excluding taxes and Carrie Roecks will talk to them regarding their original proposal; seconded by Clint Stevenson.  The motion carried.

New Business

New Office and Employee Hours
Mayor Harnois announced the new office hours starting September 16, 2013 will be Monday, Wednesday, and Friday open to the public from 9:00 am to 4:00 pm, closed from 12:00 pm to 1:00 pm for lunch, Tuesday and Thursday the office will be closed.  Brenda Gambrel will be here 4 days a week and Alene Felgenhauer will be here Tuesday, Wednesday, and Thursday mornings to assist.

6% Avista Utility Tax

Mayor Harnois addressed ordinance 13-07 utility tax on Avista electric sales.  She informed the Council that the Town’s attorney had stated that the ordinance would need to be looked over again because it requires 60 days to pass between the enactment of a tax on utility providers and the effective date on the collection of the tax.  The updated effective date is November 15, 2013.  Clint Stevenson stated that the date on the ordinance was wrong and Avista wanted it rewritten.

Clint Stevenson wanted it on record as saying the Town should not be billed a second time by the Town’s attorney on the repeal of 13-05 and the rewriting of the new ordinance.

ACTION

Clint Stevenson made a motion to adopt ordinance 13-07 proposing a utility tax to provide revenue to the general fund and to repeal ordinance 13-05; seconded by Carrie Roecks.  The motion carried.

Ivan Willmschen asked where the interest was going from Avista.  Mayor Harnois answered that the money was not in Avista’s hands long enough to collect interest, this coming from Paul Kimmel of Avista Corp.  Carrie Roecks suggested that we keep it quarterly for now and change it at a later date.

 
Attorney Representation:  Primmer Agreement
Carrie Roecks mentioned making a decision about whether or not the Town’s attorney will continue to represent them regarding the Primmer agreement.  Mayor Harnois reminded the Council that the representing attorney was a municipal land use attorney and the goal in mind was to protect the Town.  Clint Stevenson stated that if the Council is unhappy with the new attorney’s contract that we send it back

ACTION

Clint Stevenson made a motion to discontinue the services of the Town attorney and retain the services of Darwin Grewe; seconded by Carrie Roecks.  The motion carried

Mayor Harnois reiterated that once the Council is presented with the new agreement from Darwin Grewe, that if at that time, it needs to be reviewed by the attorney again it will be sent back with any comments or concerns.

Business Licenses

Mayor Harnois affirmed that currently if anyone wants a business license the cost is $10.00.  Carrie Roecks was questioning if you could have a bigger fee to begin with and then have the $10.00 be a renewal fee.

Jody Cornwall inquired if door to door solicitors are required to get a business license and who enforces that.  Mayor Harnois stated that they can be turned into the state for operating without a business license and that all the Mayor and Council can do is make the citizens aware of that.  Chuck Collison stated that this issue pertains to the Green River Ordinance.  Mayor Harnois stated that the collection for business licenses had not been on the books as being collected since Carrie Roecks left City Hall as the Clerk, but that they had just recently found out.

Public Works

John Goyke stated that everything was fine.

Mayor Harnois gave praise to the staff for meeting the deadlines for billing, meter readings, and Council packets.

Public Comment

Jody Cornwall suggested spending the $50.00 Best Buy gift card on a microphone. 

Executive Session

Mayor Harnois announced that the meeting would adjourn to executive session at 8:44 pm.  The Council then moved into executive session to discuss employee wages, training, critical time in the budget period, the auditor’s visit, and the clerk-treasurer role.

The Council came out of executive session at 9:37 pm

The regular Council meeting the reconvened at 9:37 pm.

It was the consensus of the Council and Mayor that it would be permitted for the staff to work 5 days a week if needed especially for training.  There was also discussion regarding a wage increase to $13.00 per hour for employee Brenda Gambrel.

ACTION

Dave Thompson made a motion to approve the wage increase for employee Brenda Gambrel to $13.00 per hour; seconded by Clint Stevenson.  The motion carried.

The meeting adjourned at 9:45 pm.

__________________            ______________________
John M. Goyke                         Micki Harnois
Clerk/Treasurer                         Rockford Mayor

Palouse City Council Agends September 10, 2013 + Skate-park Drawings

PALOUSE CITY COUNCIL AGENDA

Regular Council Meeting

Palouse City Hall – 120 E. Main Street

September 10, 2013, @ 7:00 pm

CALL TO ORDER: 

ROLL CALL:

APPROVAL OF MINUTES:  Regular Council Meeting of August 27, 2013

PUBLIC WORKS REPORT: 

 
POLICE REPORT: 

OLD BUSINESS:

Skate-park - Aaron Flansburg:  review drawings of proposed skate-park at Palouse’s city park.
 

 

 

 

 

NEW BUSINESS:

COMMITTEE REPORTS/REQUESTS:

• Parks, Cemetery & Buildings
• Water & Sewer           
• Policy & Administration
• Police Fire & Safety
• Streets & Sidewalks
• Finance, Property & Equipment
• Personnel & Pool 

OPEN FORUM:

MAYOR’S REPORT:

ALLOW PAYMENT OF BILLS:

ADJOURN:

The Palouse City Hall is accessible to persons with disabilities.  Persons requiring special accommodations should, before 5:00 PM the Monday preceding the Council Meeting, contact the City Clerk at 120 E. Main Street, PO Box 248, Palouse, WA  99161, or 878-1811 or cityclerk@palouse.com.

 

Palouse City Council Public Hearing & Regular Coucil Meeting Minutes July 9, 2013

Palouse City Council

Public Hearing &

Regular Council Meeting

July 9, 2013

 

CALL TO ORDER:  Mayor Echanove called the Council Meeting to order at 7:00 PM.

 

ROLL CALL:  Council members present:  Senja Estes; Tim Jones; Connie Newman, Bo Ossinger, Rick Wekenman and Alison Webb.  Absent: Norm Schorzman. Also present:  Police Chief Jerry Neumann; Clerk-Treasurer Joyce Beeson; Public Works Dwayne Griffin and Marc Arrasmith.  Public present: Aaron Flansburg, Heather McGehee, Kristin Jones, Heidi Fluegel, Garth Meyer, Katie Cooper, Jens Hegg and Bruce Beeson.

 

PUBLIC HEARING:

2014 Revenue sources – Mayor Echanove opened the public hearing and recapped council discussion from the last meeting concerning options for 2014 revenue sources.   Palouse resident Aaron Flansburg voiced his support of a levy lid lift.  With no further comment from the public, Mayor closed the public hearing and opened council discussion.

 

The Mayor explained how a voter approved levy lid lift works.  The general levy in 2013 was approx. $2.49 per $1,000 valuation.  The city has the capacity of collecting $3.10 per $1,000.  By law, cities are able to increase only 1% of the total amount levied each year without going out to the voters.  Over the years, as valuations change and only 1% increases are taken, the rate per thousand continues to drift down below capacity.  Currently 65% of the levy stays in the General Fund and 35% is receipted to the Street Fund.

 

The Joint Fire Board and the Council Police Fire & Safety committee have expressed concern for their aging vehicles and being able to meet equipment safety requirements.   They have set a goal of having $150,000 available to them over the next 10 years to meet the capital needs of the fire department.  Councilmember Wekenman explained that with this being a joint department, Rural fire district 4 residents would also contribute $150,000 to share in the total costs.   Resident Aaron Flansburg asked if this decision would include allocating a certain amount to the fire equipment needs.  Mayor explained that the discussion tonight was about revenue, but yes, if a levy lid lift were to be approved by the voters, a resolution could be approved by council dedicating 10% of the general levy to the Fire Equipment Capital fund to meet the goal of the fire department.  It would also help the General Fund in supporting current needs such as bringing back the police officer from 75% to 100%, restoring the employee salaries reduced two years ago, maintaining our parks and cemetery, and contributing into our vehicle and equipment needs.  Several Councilmembers voiced their support for putting the levy lid lift on the November ballot.

 

Councilmember Ossinger MOVED to proceed with the necessary paperwork to put the levy lid lift on the November ballot.  Councilmember Jones seconded the motion.  Discussion – Councilmember Wekenman pointed out that a property valued at $100,000 would be levied an additional $60 a year above the 2013 levy amount.  The motion carried unanimously.

 

Voter approved special levies – Discussion began on the Swim pool maintenance & operation special levy for $28,000.

 

Councilmember Jones MOVED to continue with the special pool levy at $28,000. Councilmember Ossinger seconded the motion.  Discussion- Councilmember Newman would still like to have community input on charging a fee at the door in addition to the levy.  Councilmember Jones said it has been looked into and it seems that the costs associated with collecting a fee may exceed the benefit.  Motion carried unanimously.

 

The special levy for street improvements is currently $40,000.  This amount is barely enough to oil the gravel roads, crack seal, and rebuild 1 block a year.  Five or six years ago, it would have done 4 blocks.   Councilmember Jones said the finance committee met and recommends that the Street levy stay at 40k this year but consider an increase next year.  Councilmember Newman would like to see an incremental increase every year to keep up with costs. Mayor Echanove asked if council would consider a 10% increase, bringing it to $44,000.

 

After further discussion, Councilmember Webb MOVED to continue with the special street improvement levy and increase the dollar amount by 10% to $44,000.  Councilmember Newman seconded the motion.  The motion carried unanimously.

 

APPROVAL OF MINUTES:  Councilmember Newman MOVED to adopt the minutes of the Regular Council Meeting of June 25, 2013.  Councilmember Wekenman seconded the motion and the motion carried unanimously.

 

PUBLIC WORKS REPORT:   Superintendent Griffin reported that the gravel roads were oiled and the TIB pavement preservation project for overlay is underway.  The variable frequency drive was installed on the booster pump.  The pool is operating fairly well with the new chlorine system installed.  The compost area has been busy and going well.  The town of Garfield will be borrowing our grader and an hourly rate will be determined.

 

POLICE REPORT:  Chief Neumann reported an increase in traffic issues and domestic calls but for the most part all is fairly normal for this time of year

 

OLD BUSINESS: 

Discussion of proposed Skatepark and location options - Mayor updated council that since the last meeting, Aaron Flansburg staked out a site between the pool and basketball courts and held a meeting there for discussion and community input.  Councilmember Newman said that the skatepark group has been working toward the goal of building a park for 10 years.  Her question to council is, if a site is approved, is the city interested in including and maintaining it as a city park?  With all the potential location explored throughout town, the best option is the city park.  The floor was turned over to Aaron Flansburg.  He handed out a site map (attached) that showed two options at the city park.  Option # 1 is the site between the pool and bb court.  Option # 2 is north of the parking lot and between the walkway to the pool and the play area with the large slide.  Aaron has been gathering info on each site – With # 1 an access would need to be maintained to allow Public Works and emergency access to the pool area and also access for Avista Utilities.  Option # 2 would be close to the parking lot and the walkway to the pool.  Aaron reads several comments from interested people abut the 2 options.  The majority of them leaned to site # 1.  Excerpts of several letters were read with the majority in support of the skatepark.  He also received a pledge from Pepsi through Idaho Beverage to donate $2,000 if it is built in the city park.  Council discussion and comments from the public ensued.  Outlining some of the points that were made

·        Aaron-Maintenance on concrete is rare with the only routine maintenance would be emptying trash cans.

Site # 1 is most preferred because the design would include flat concrete that could be used for access to the facilities and infrastructure.  So far, $5,900 has been raised plus the $2,000 pledge if located in the city park.  Estimated cost to build is about $10,000 because he would partner with a company that has experience in building skateparks with salvaged and recycled material. 

·        Councilmember Wekenman would like to see drawings of what this would look like and voiced concern of more green space taken from the park.

·        Councilmember Jones voiced support for the skatepark and said that maintenance costs would go down since that area would not be mowed or watered.  PW pointed out that sprinkler would still have to be installed to water the grassy strips around it.

·        Public comment both for and against-Bruce Beeson supports keeping the park as is and listed other parks and programs that the city couldn’t support and had to reduce.  Kristin Jones-skateparks had a positive impact on their children and would like to see this as another option in town of things for kids to do. Heather McGehee agreed.  Jens Hegg supports the skatepark and prefers site # 1 since the basketball courts have seen only a small amount of vandalism.

·        PW Griffin and Arrasmith have concerns of vandalism like is evident at the City of Pullman skatepark.  Allen Davis, Pullman PW recommends that it needs to be visible, not near buildings and a day park only with no lights.  Site # 1 is fairly hidden, is next to the pool building and lit at night.  Also concerns of future maintenance.

 

Mayor Echanove took the floor.  Attorney Bishop has suggested to the Mayor that Aaron Flansburg take out a performance bond at some point.  Councilmember Newman would like to see drawings also but would need to have a preliminary site first to plan around.

 

Councilmember Newman MOVED that council give preliminary approval for option # 2 with the contingency that artist’s rendering are made available in the next 60 days, that the group’s funds are shown to be there for phase one, that a performance bond is in place and that the design is reviewed and approved by our insurance carrier.  Councilmember Ossinger seconded the motion.  Discussion - Councilmember Jones questioned why not options # 1.  Chief Neumann pointed out that option # 1 would be harder to secure, patrol, and access.

 

The Mayor urged council to vote this down tonight with so many unanswered questions.  Councilmember Newman said there are many unknowns but they cannot be answered without a potential site.  Councilmember Estes asked Aaron if drafts could be provided of both sites.  Yes, they may be rough but site is the most critical issue in design.

 

Councilmember Ossinger asked for an amendment to the motion to not include a performance bond at this time with so many undecided elements.  Amended MOTION that council give preliminary approval for option # 2 with the contingency that artist’s rendering are made available in the next 60 days, that the group’s funds are shown to be there for phase one and that the design is reviewed and approved by our insurance carrier. With two no votes, Councilmember Wekenman and Councilmember Webb, motion carried.

 

Update of Palouse Cove Road possible name change  Mayor Echanove reported that he was unable to talk with the county about this yet.  The name change would affect about 16 residents in Palouse who have been through the process once already.

 

COMMITTEE REPORTS/REQUESTS: 

Water & Sewer-Connie Newman, Chair:  Councilmember Newman has set up a workshop with our audit manager Debbie Pennick.  It is set for July 23^rd at 5:30.  This is training specific to governmental services finance and budgeting.

Streets & Sidewalks-Senja Estes, Chair:  Out next meeting will include a public hearing for the Six-year Transportation Improvement Plan.

 

ALLOW PAYMENT OF BILLS:  Councilmember Ossinger MOVED that the bills against the city be allowed.  Councilmember Webb seconded the motion and the motion carried unanimously.

With no motion to excuse tonight’s absence of Councilmember Schorzman, his absence is considered unexcused.

 

ADJOURN:  Councilmember Jones MOVED to adjourn.  Councilmember Webb seconded the motion and the motion carried unanimously.  The council meeting adjourned at 8:58 PM.

The following checks are approved for payment:

Payroll Paid  Ck. # 4956 – 4983 & EFT  $39,972.98

Claims Paid  Ck. # 4984 – 5007 & EFT   $25,437.23 

APPROVED: ___  ATTEST: _____

August 6, 2013 Palouse Planning Agenda, Palouse, Washington

 
Palouse Planning Agenda
August 6, 2013

7:00 pm

I. Call to order
II. Roll call
III. Approval of minutes from last meeting
IV. Old business
V. New Business
VI. City Council Matters
VII. Work Session
      



VIII. Public Forum



IX. Adjournment

 

Rockford, Wash., Town Council May 1, 2013 Meeting Minutes

 Rockford Town Council

May 01, 2013

7:00 PM

 

Mayor Micki Harnois called the meeting to order after the Pledge of Allegiance was recited. Council members present were: Larry Van Every, Dave Thompson, and Clint Stevenson and absent was Thomas Smith but excused. John Goyke Clerk/Treasurer/Public Works Operator was also present.

Mayor comments:

Saturday May 4^th there will be a town wide clean up day event; it will start at 10:00 Am and continue until 2:00 Pm. On May 11^th there will be the annual Town Chipping event being held at the Rodeo Arena area from 9:00 AM to 3:00 PM.

 

Dave Thompson’s, Larry Van Every’s, Steve Meyer’s vacant council position and the Mayor’s position are all up for election this term.

 

The Mayor met with a developer’s consultant for a senior’s housing project in Rockford. 

Committee Reports:

Tree City USA Committee

The tree’s for the park will be acquired and planted on May 02, 2013 in the Park. The Tree ceremony will be May 04^th and three trees will be dedicated in Brad Marlow’s, Doug Pratt’s and Don Davis’s memory. The Town will remove some of the dead and dying trees in the fall the town may need a man lift to reach the tops of the trees.

April 17 Minutes

Larry Van Every made a motion to approve the minutes. Clint Stevenson seconded the motion, passed voice vote.

 

Ivan Willmschen pointed out on page four, line 156 that the Sheriff’s Contract price reads $250,000.00 and it should read $25,000.00, the Clerk/Treasurer said that he would make a note of the incorrect number.

 

Checks

Clint Stevenson pointed out that the Agricultural Building, Old Restrooms, Food Booths, Main Fair Building, Fair Office and the White Shed accumulate power charges that the Town is covering, but the clubs that use the building do not pay a fee or cover the costs that the town is expending on the buildings. Clint Stevenson felt that the various clubs that use the buildings should be paying the power bills for those buildings and the town should not be paying the bills.

 

Clint then made a motion to pay checks 11970 through 11999 for a total of $31,802.43, with payroll of $4,530.33 and claims of $27,272.10 and voiding check 11994 due to a misprinted amount on the check. The motion was seconded by Dave Thompson, motion passed with a voice vote.

 

Planning and Zoning

P and Z Chairman Howard Brutschy said that there was a development question on a proposed building development on B Street. There was a question about water pressure and water supply to the proposed development site. The proposed development may have three to six houses with approximately 1800 square feet per home. Another issue that may have to be addressed is unvacating several of the streets; this process will have to be researched.

 

There was some discussion about putting in a booster station for the project, the developer wanted to know if he installed the booster station would there be a reduction in the hook-up fees. There was further discussion of the cost of a booster station; it was estimated that if the town installed a booster station it may cost up to $60,000.00 dollars, if the contractor put in the booster station it may be done cheaper. There was further discussion about what this development would be classified as, would it be a development, a subdivision, is it just one acre or eighteen lots, would lot line adjustments be appropriate, could the developer charge other projects that tie into the booster station as late comers fee?

 

Clint Stevenson remembered that the ordinances stated that a late comer’s fee could be charged up to seven years after the improvement was installed. The hydrant that is installed at the end of the line on B Street does not have enough pressure or flow that is required for a fire hydrant.

 

Steve Meyer felt that if a housing development ties into the water line on B Street he should receive a late comer’s fee as he was the one that installed the line at his cost.

 

Old Business

Arena

No Further information was presented.

 

Sheriff Contract

No Further information was presented.

 

Sewer Ordinance

Ivan Willmschen asked what the ordinance was about, as he had not seen a copy of it.

 

Larry Van Every said he was happy with the ordinance.

 

Clint Stevenson made a motion to pass Ordinance 13-01, Larry Van Every seconded the motion, motion passed with a voice vote.

 

Andrew Fricke Alley Vacation

The issue has been sent to the Town Attorney for review. Steve Meyer wanted to know if the issue could be resolved with a variance, the Mayor said no. The Mayor said that she would call the Town Attorney on May 2^nd to find out what the attorney had discovered regarding how to precede.

 

Shoreline Master Plan Update

The Mayor gave a brief overview of the maps and designations of the Shoreline Plan; she further explained that the plan allows for the maintenance of the creek for flood control. She further explained that the engineers are looking at the RCW that allows the Town to maintain the creek two miles up stream and two miles down stream from the town for flood control.

 

Larry Van Every felt the plan should be reviewed by the Planning and Zoning Board.

 

The handouts that the Mayor had presented to the Council were copied and handed to the P and Z Chairman Howard Brutschy.

 

Town Mowing

Jenifer Cecil said that she was willing to volunteer to mow in one of the parks. Currently Bill Harnois and the Creed’s are volunteering to mow and have been mowing the parks.

 

Stan Seehorn felt the Town tractor could be used to mow, but he felt the Town tractor was not ideal for the Park/Fair Grounds area. He further stated that he could look at the mowing deck for the Town tractor to assess what would be needed to fix it so it could be used to mow the parks.

 

Larry Van Every feels that the Town needs to get the word out to get more volunteers and that the citizens need to talk to each other and encourage people to volunteer.

 

USDA Grant/Loan

The USDA loan/grant was discussed; the council discussed the interest on the loan.

 

The email from Rick Rose was discussed. Larry Van Every wanted to know why there was so much confusion on the terms of the loan and he wanted to know where the confusion was coming from. There was discussion concerning the engineer and what the engineer thought was a five year versus a ten year term on the loan.

 

It was the consensus of the council to move forward with the loan and see what the exact terms are concerning the interest and payback before accepting it.

 

Manhole cover in front of Hurds

Stan Seehorn said that the broken manhole cover in front of Hurds is dangerous and may cause tire damage an automobile drives over it. He felt that it should be replaced and suggested that the state should be contacted to see if they would fix it.

 

Missile Base Road Funding

Stan Seehorn wanted to know when the money would be coming in to fix Missile Base Road; he also wanted to know if the State DOT was going to pay to have it fixed. The Mayor said that money will be available soon and the State WA DOT will not accept the responsibility to fix it.

 

Local Business Licenses

Larry Van Every wanted to know why the town does not issue and control what type of business licenses are issued in the Town.

 

The Mayor explained that currently there are over 200 businesses licensed from Rockford and that the administrative costs of issuing those business licenses would be too high.

 

Carrie Roecks said that there used to be an ordinance that controlled solicitors and that issuing a business license is as easy as issuing a dog tag.

 

The Mayor explained that anyone can get the list of businesses for Rockford off of the State Web site.

 

Larry Van Every felt that it would be worth the Towns time to issue the business licenses in Rockford so as to better control what type of businesses come to Town. He felt that business’s such as the head shop could have been controlled if the Town issued the business licenses.

 

The Mayor said that the Town had to be careful restricting businesses like the head shop because there has to be a legitimate reason to restrict a business.

 

Steve Meyer said that the Town could control what type of business’s came to Town with an ordinance.

 

Stan Seehorn wanted to know how much revenue the Town was receiving from the 200 registered businesses in town.

 

The Mayor said all these questions could be answered by visiting the State DOR site.

 

Fire Department Insurance

Stan Seehorn wanted to know who the contact person was for the Fire Department insurance, he wants to review the policy with a qualified insurance representative.

 

Larry Van Every wanted to know when the last time was that the Fire Department Insurance was reviewed.

 

Stan Seehorn was not sure when the last time was that the policy was reviewed.

 

The Clerk/Treasure gave the contact phone number to Stan Seehorn for the AWC Insurance Policy Coordinator.

 

New Business

Town of Rockford Property Sale

No Further information was presented.

 

Six Year Street Plan

The council will discuss it at the next meeting.

 

Town Work Shop to discuss Budget and Utility Taxes

The Mayor announced that the work shop shall take place on June 18^th at 6:30 Pm in the Fair Building at the park.

 

Larry Van Every wanted to know if the Avista Utility Tax will be discussed. The Mayor informed him that it will be on the agenda.

 

Sherri Tyler wanted to know how the Town will inform the people of the meeting.

 

The Mayor said that it will be posted on the reader board and it will be advertised in the Town News Letter.

 

Contract for a Web Master

Larry Van Every felt that this can be done in house with the town’s own server. Larry Van Every said if the Town had its own server the Clerk/Treasurer could upload the information as needed to the Town Web Site. Larry Van Every also said that if the Town ran the web site itself the Town could offer the service to the Nonprofit Organizations in the Town. He felt that the cost to the Town to run their own web site would be $6.00 per year.

 

Sheri Coumont said that the current web masters are still interested in running the web site and that they are capable of getting the work done.

 

Dave Thompson felt that the web site should be maintained by the Town.

 

The Mayor felt that the current web masters were quick to respond when updates were needed.

 

The issue will be further discussed at the next meeting as no action was taken.

 

NPDES Permit

The permit was handed out for review.

 

Medical Marijuana Sales

The Mayor handed out examples of Medical Marijuana Sales ordinances restricting the sales and business licenses. She explained that the Valley has five or six dispensaries and Cheney has lifted the ban on dispensaries.

 

Larry Van Every wanted to know who assumes the risk of the dispensary.

 

The Mayor explained that the Jurisdiction is taking the risk, and the owners of the dispensary are taking a risk.

 

No action was taken on this issue.

 

Public Works

Ivan Willmschen explained that the Lions Club looked at the bleachers and felt that they can be refurbished to meet code, and will pass a compliance test if fixed. It was the consensus of the Council until the bleachers are fixed that they be removed from service and placed at the Town Shop.

 

Ivan Willmschen asked if the Town had a culvert to install at the park. The Clerk/Treasurer/Public Works Operator said that the Town does not currently own a culvert to be installed at the park.

 

Carrie Roecks said that the Town should install a French Drain around the park.

 

It was discussed that if the ditch around the park is not fixed that those that attend the car show will not attend it this year.

 

Cathy Creed said that the car show is important for the Town.

 

Steve Meyer said that the Town could fix the ditch around the park by placing fabric down in the ditch and then filling it with large river rock to create a French Drain. He felt that the town could buy two yards of rock and some fabric to accomplish the task.

 

The council felt that the public works operator should contact Rick Hauf to get a quote for the rock and report back at the next meeting.

 

The Clerk/Treasurer/Public Works Operator informed the council that the Geiger Work Crew had been in Town cleaning sidewalks and streets, and that the Rockford Youth Club had been cleaning sidewalks in the Down Town area.

 

The Clerk/Treasurer/Public Works Operator informed the council that this would be the last week for discharge at the lagoons as pond three was almost empty.

 

Steve Meyer said the Town needs to pick up the large asphalt chunks along the road and break them up and put them in the potholes. He then said the Town needs to rent a large asphalt heating machine to heat the road and the patches and then roll the roads to get rid of the pot holes.

 

Public Comment

Robert Tollefson: Does not feel that the Town should pay to install a Booster Station and that if a Booster Station is installed that the developer should not get a discount. He further wanted to know who was going to pay for the electricity to run the booster station.

 

Carrie Roecks: The minutes on Line 167 regarding the Fricke Alley vacation did not say that the town attorney would be reviewing the issue. She further wanted to know if the bleachers are fixed can they stay on the town insurance. The Clerk/Treasurer Public Works Operator asked if the bleachers are refurbished will the Lions Club take possession of them and put them on their insurance. Carrie Roecks said that the Lions Club does not want the Bleachers on their insurance. Ivan Willmschen said that the bleachers benefit the Town and the Town should take care of them and the insurance. The Mayor explained that if the Bleachers are refurbished they can stay on the Town Insurance. The Mayor said that she looked into the price of new bleachers and that would cost the town approximately $6400.00

 

Ivan Willmschen: The town needs to look into getting a new insurance company.

 

Carrie Roecks: Felt that there is a public perception issue with the current staff; she was told that someone saw the part time Maintenance Operator Jerame Clark mowing the flood control dikes and that he hit several rocks while mowing and that is why the mower is broke. Carrie Roecks further stated that people saw him mowing over trees with the mower deck. The Public Works Operator/Clerk Treasurer said that the mower deck was not broken because of the use by Jerame Clark, and it was explained that Jerame Clark was spoken to about mowing rocks.

 

Clint Stevenson: said that the Town needs to get the current water specifications up to date and that the Council will have to make a decision about development because the current regulations are out of date.

 

Cathy Creed:  Wanted to know when the new rates for the Trailer Court were passed, it was explained that she has never missed a council meeting and did not hear about the rates being passed in an open council meeting. The Council explained that they did vote on the issue in an open Council meeting.

 

Larry Van Every: Discussed that it has been an interesting time getting along with people, reminded everyone that there is an open council position and that some of the people that are attending the meeting tonight should run for the position. Larry Van Every said that he likes a good argument and good representation is key, it is really important to make the wills and desires of the people known.

 

Bill Creed: Read the Open Public Meeting Act law to the council and for the record.

 

Steve Meyer: Last meeting the Council violated the open public meeting act when they adjourned the meeting and then held a discussion on the new head shop and what needs to be done about it. Steve Meyer asked what the Council was trying to hide from the public by not having the discussion in an open public meeting. The Mayor explained that the Council is not trying to hide anything. Steve Meyer then explained that when the council was at the table there was a quorum present, by adjourning the meeting, remaining at the table and then discussing new business the Council is conducting a meeting, and because the meeting was officially closed the Council is Violating the open public meetings act.

 

Phil Evans: Explained the penalties for violating the open public meeting act, he said that the State can issue fines and even prison time for violating the law.

 

The Mayor then adjourned the meeting at 8:55 PM.

______________________        _______________________

John M. Goyke                                      Micki Harnois
Clerk/Treasurer                                    Rockford Mayor