Council Meeting Notes: Oct. 20, 2008

As always, I encourage everyone to attend the meetings themselves. These summaries are not intended to comprehensive or official; they simply reflect what I found interesting or important. ~ Karen

The meeting began on time with a flag salute and some changes to the agenda. The minutes from the last council meeting were approved with some edits.

The police report was given by Chief Reese. A copy is now available on Ruston Reports. Of interest; the department is working with Point Ruston and Tacoma on some serious threats made in graffiti on billboards around town. The chief called them potential domestic terrorism. She asked that residents report any suspicious behavior, especially around the fence line of the property.

There have been a couple of applications and inquires about the chief position. The Department of Corrections work crew will clear out the area east of the playfield as their first project. One of our volunteer fire fighters is updating the Ruston web page with a focus on the public safety information. The police department is collecting old cell phones for 911 emergency use. Drop off donations at the police station (downstairs in the school building).

The fire department had 6 medical aid calls in September. Their average response time so far in 2008 is under 3 minutes. Chief Torbet mentioned a new hazmat team that has formed that may provide emergency response at a lower rate than the town had paid previously.

The council then recessed into executive session to discussion potential litigation. When they reconvened, they discussed the mayor position (read here for details).

Next, the mayor read Ordinance 1271, an emergency settlement for legal claims by former police chief Jim Reinhold. There will be public comment at the next council meeting, along with a budget amendment to appropriate the settlement payment. After some discussion, the town attorney went to work putting together a resolution that could be passed tonight signaling the council’s approval of the settlement (apparently action was needed immediately to satisfy the terms of the agreement).

Since there was nothing in writing provided at the meeting, I have transcribed what the mayor read here:

“…Ordinance number 1271, an ordinance of the Town of Ruston, Pierce County, Washington authorizing an emergency expenditure for settlement for legal claims.

Whereas the Town of Ruston has incurred significant expenses defending itself against legal claims brought by its former chief of police Jim Reinhold and will incur much greater expense if the parties proceed with further litigation, regardless of the result and

Whereas the relief sought by former chief Reinhold, if granted, would have a catastrophic effect on town finances and would expose the town to the prospect of further legal claims against it and

Whereas an agreement for a monetary settlement has been reached between the Town of Ruston and former chief Reinhold that if adopted will allow the town to eliminate the risk of catastrophic financial and legal consequences with a manageable impact on town finances and

Whereas time is of the essence in the approval of the agreement between the parties and

Whereas the council finds an expenditure of $125,000 by the Town of Ruston is necessary to take advantage of the above described settlement agreement and eliminate the risk and cost of further legal action against the town at the town’s (unclear) does not contain significant funds (unclear) and

Whereas the Town Council of the Town of Ruston finds that for the reasons set forth above a public emergency exists and constitutes a threat to the town finances and that an expenditure of $125,000 is required to meet said emergency and

Whereas prior to passage of the following measure on November 3, 2008 the town council provided an opportunity for public comment on said measure and

Whereas pursuant to the Revised Code of Washington 35.33.091 and 35.33.121 the town council has authority to authorize emergency expenditures by ordinance and to decrease or recall unexpended balances from one budgetary fund and re-appropriate said unexpended balances to another budgetary fund if passed by a majority plus one of the council and

Whereas the following measure was enacted on November 3, 2008 by a majority plus one of the council

Now therefore be it ordained by the council of the Town of Ruston Washington:

Section 1. The town clerk Treasurer is directed to recall $125,000 in unexpended monies from the surplus property fund and re-appropriate said $125,000 to the claims fund. The mayor of the Town of Ruston is hereby authorized to negotiate and execute on behalf of the Town the final settlement agreement with former chief Reinhold pursuant to the CR2A settlement agreement between the parties and the town clerk treasurer is hereby authorized to make payment in the amount of $125,000 from the town’s claims fund in satisfaction of said final settlement.

This ordinance shall become effective immediately upon adoption of the council, approval by the mayor and publication as required by law.

Ordinance 1267 (wage increase for police officers) passed 5-0.

Ordinance1268 (Stack Hill amendments) was discussed. Council Member Albertson was opposed because 1) view corridors are important, 2) process was improper and 3) there was exparte contact with the developer. Council Member Hedrick felt the correct process had been used by starting over and sending the amendment through the entire process again with the planning commission and a hearing. He felt the town was not giving up a view corridor since the proposed home will be the same height as the native soil would have been under the view corridor Albertson wanted to impose. Hedrick was pleased this vote tonight would keep one less issue out of the courtroom.

Council Member Hunt said she would not excuse herself from the vote and that she had not had any improper contact with the developer. She saw no point in flexing the town’s muscle just because they could, no one benefits when the house will be lower than the original grade. She did not think it was right to harass the developer. She noted that Albertson had never spoken to her personally and his statements were based on hearsay.

Council Member Stebner said the developer should play by the rules rather than try to change them. He thought the council should represent the town, so he would be voting against the amendment. The final vote was 3-2 with Albertson and Stebner voting no.

Resolution 434 (legal settlement similar to Ordinance 1271) was read and approved 4-0 with Albertson abstaining for ethical reasons (he did not elaborate).

Ordinance 1266 (rental of town facilities) was approved 5-0. The town attorney noted the area currently used as The Commencement sales center should be available for public use by March 2009.

Ordinance 1269 (adding a general penalty) was given its first reading. This penalty would apply to any violation that does not have a penalty or has one that is unenforceable.

Ordinance 1270 (dog park) had its first reading. Hunt mentioned an idea suggested by her neighbors; have the dog area keyed so only Ruston residents could use it for a $25 annual fee – after their dog license had been confirmed. Stebner did not think it was a problem to let people and dogs use the same space on the playfield grass.

Resolution 432 (requiring the home addresses of anyone giving public comment) passed 5-0.

Resolution 433 (surplus used police car and fire truck) passed 5-0.

Hedrick gave the background on how the proposed town engineer was chosen by former mayor Everding and himself. They both scored this firm highest using separate systems. The town planner mentioned he had checked the references. Hunt wanted to confirm they had grant writing experience. Hedrick noted they are familiar with the state fund that gives low-interest loans for things like sewer utilities. The mayor will prepare a supplemental budget for the rest of 2008 and have a resolution ready at the next meeting to finalize this selection.

Claims and payroll passed 4-0 with Albertson abstaining (no reason given).

Public Comment:
Deb Kristovich supported having a separate dog park. Lyle Hardin thought the council meetings were running very efficiently. He supports having a public process for the mayor appointment and he hoped the same public comment would be used if a council appointment would be needed (if the mayor appointment caused an opening on the council).

Edie Tallman liked the idea of the dog park just for town residents. Sherrie Forch thanked the council for their vote on Stack Hill. She changed her mind in view of the facts. Council members with their minds made up regardless of the facts did not serve the community well. She was also concerned about the liability of the dog park and supported Hunt’s proposal.

Mark Shots was concerned about the cops shooting a dog in the park. Jim Wingard noted he was a Ruston taxpayer and gave his residence address. He noted his long family history in Ruston (before the town even incorporated) and his concern for the community.

Mayors Time:
Huson has been working with The Commencement on rent and utility issues and with Point Ruston on the re-location of Bennett Street, among other issues. He and the clerk should have the 2009 budget proposal at the next meeting.

Council Time:
Stebner wanted the sewer for the whole town addressed by the new engineer. Huson suggested a study session on the issue. Stebner did not like having the dog park for only Ruston residents. Since we don’t pay Metro Park taxes, he felt we owed access to the larger community.

Hedrick had met with Point Ruston on public safety issues. AWC will be helping with a risk assessment for public safety and insurance rating (two separate issues). The analysis will hopefully be done by next spring. The council is also working on what Point Ruston should pay for future costs (beyond increased the tax revenue).

Albertson noted that he felt Huson had always wanted Tacoma to provide public safety services on the Point Ruston site. He felt sewers, paving alleys and replacing the street lights were priorities. He felt there should be an analysis of when the town reserves would run out. Ruston should be talking to Tacoma about having them take over when the inevitable (in his mind) happens.

Hunt agreed that the town needs a 5-10 year plan. She clarified the proposal on the dog park came from a brainstorming session with two of her neighbors, not from her alone.

The meeting adjourned about 9:35 pm. As the meeting was breaking up, Marla Miller let everyone know she spotted a coyote behind her house on 49th this week. Everyone was encouraged to watch their pets closely.