Council Meeting Notes: Nov. 2, 2009

6 pm Study Session

As soon as the mayor called the meeting to order, Council Member Stebner announced that Rule 10 of the council rules allow the senior council member to run the study session. He immediately handed that duty to Council Member Albertson. Albertson asked several questions, which Kevin Rochlin (EPA) told him would be addressed during his presentation.

Mr. Rochlin gave a PowerPoint presentation, where he pointed out that although the clean up number for this project was at the high end of their acceptable range, it is still protective of human health and the environment. There was a strong community outcry against any yard clean up, which EPA was required to take into consideration when they make their decision. But given the large size of the clean up area, this number meant dirt could be replaced rather than relying primarily on an educational program as the state had done with their program.

Their program includes an educational program for soils that fall between the state’s lower number and the level at which yards are reconstructed. The vast majority of properties in Ruston have had new soil installed that is below the state clean up level. The program has been going for 15 years, but there is still work to be done.

EPA has oversight people watching activity at the smelter property, and air monitors at the edge of the property. The monitoring has not shown any problems. The agency will resample some yards to check for the possibility of recontamination once the work is complete. Mr. Rochlin expressed concern that the pictures of dust he has seen do not show any problem – or are shots taken on the same day that dust was deliberately manufactured by cars spinning their tires. He also stated the sample numbers provided by Albertson do not follow prescribed protocol for this project and cannot be relied upon.

After the presentation, Albertson asked many more questions, as did Council Member Stebner. Audience member Bill Walker was allowed to ask two questions, but no one else was allowed to speak. Jim Wingard stood up as the meeting was ending to protest that only one point of view was allowed and noted his long history in the area with no adverse health impacts.

There was much, much more discussion. As always, please attend the meeting to get all the details that may be of interest to you personally.

7 pm Regular Meeting

Council Member Hunt had contacted the mayor to let him know she was out of town. After the opening formalities, the agenda was approved after adding Resolution 451. The minutes were approved after Council Member Albertson had the sentence struck where someone during public comment felt he was not acting in a trusting manner as a councilman.

General Public Comment
Jim Wingard disagreed with how EPA was so aggressively questioned at the study session.
Kevin Moser reported that he is working with the town electrician on Stack Hill lighting. He wants new light fixtures installed.
Dick Peterson did not like light pollution.
I protested Albertson’s false statements about me at the last meeting.
Tom Kryger wanted a citizens task force to review Ordinance 1302 and all the issues related to the utility code rather than the current proposal that only addressed part of the problem.
Fire Chief Don Torbet asked that both fire ordinances be passed immediately.
Mike Cohen noted that the town had required twice as many lights on Stack Hill as needed. These new fixtures are better than the old ones.

Executive Session was moved to the end of the meeting.

Business
1. Resolution No. 456 - Authorizing the Mayor to appoint Police Sergeant Kunkel as Chief of Police for the Town of Ruston: The mayor explained that he felt Kunkel had proven himself (10 years with Ruston), shown great attitude; what he may lack in experience he makes up for in dedication. The resolution was approved 4-0.

2. Ordinance No. 1298 – Adopting the 2006 International Fire Code (Second Reading): passed 4-0 with no discussion

3. Ordinance No. 1300 – An Ordinance of the Town of Ruston Providing for an Ad Valorem Tax Levy for the year 2010 (First Reading): Council Member Stebner was concerned that the town is not doing enough to collect all the taxes due and did not support this ordinance. Council Member Hedrick confirmed this is the normal tax levy done each year. The clerk said if it was not passed by the end of November the town would not collect any property tax.

4. Ordinance No. 1301 – Ordinance amending Chapter 5.01A and 5.01A.230 of the Ruston Municipal Code for Fire Inspections (First Reading): The town attorney said that businesses would have the option of hiring their own fire inspection. The business license will require a fire inspection. Council Member Huson pointed out that most of Ruston’s businesses are home based, not in commercial buildings. The language will be changed to reflect only commercial structures. Because of the changes, there will be a second reading rather than being passed tonight as requested by the fire chief.

5. Ordinance No. 1302 – Ordinance amending Chapter 17.01A of the Ruston Municipal Code pertaining to residential utility deposits (First Reading): Albertson agreed with Mr. Kryger and wants the town to look at how other jurisdictions collect deposits. The mayor confirmed he had looked at several before putting this together. Hedrick said this would not solve the problem with bad debt, that problem would always be around. Stebner felt that landlords were making money from their rentals and leaving the taxpayers holding the bag when the tenant did not pay their bills. He wanted the landlords to get together and come up with a solution. Huson suggested a study session to discuss the issue further from 5:30 til 6 pm before the next council meeting on Nov. 16th.
6. Resolution 451 – Ratifying the labor agreement between Ruston and its non-police employees: passed 4-0 with no discussion

Mayor’s Time
Hopkins said he had informed The Commencement management at 7:30 am that morning that their exterior lighting did not meet the town’s dark sky requirement. He is working to amend the town’s process so these problems are identified earlier. The loan has been approved for the sewer project. The engineers are preparing their costs and begun testing the soil in the areas where they are going to work. He noted that Tacoma is requesting a new sewer contract, but it is not due until 2013. There are two options; retail (Tacoma takes ownership of all the system except the main trunks – which Ruston keeps and must maintain) or wholesale like we have now. He said Tacoma mistakenly thought they would own all the sewer lines in the Point Ruston development.

Hopkins noted the report from the new building inspector services was available. He liked the new format. He said the monthly staff meetings were going well. He noted the road closures coming up soon. He thanked Albertson for how he questioned EPA during the study session. He will schedule EPA to give an update quarterly.

Council Time
Stebner noted that the town electrical planner is doing an excellent job.

Huson had no comment.

Hedrick was glad to have Kunkel on board as the new police chief. The sewer loan was great news. He noted that the mayor did much of the work to make that happen. He felt we had the right person in that seat for this time in our history.

Albertson hoped The Commencement would address the lighting issue quickly. He wanted to know if Point Ruston had paid the town’s costs for the bond counsel yet (the clerk will confirm). He was not happy with EPA’s answers at the study session. He wants a health study done in Ruston on cancer and heart attack rates.

The meeting moved into executive session for 20 minutes to discuss litigation. When the meeting convened again, it was immediately adjourned.