Council Meeting Notes: March 1, 2010

The mayor called the meeting to order at 7:05 with all elected officials present. The agenda was approved with no changes and the minutes from the previous meeting were approved. Council Member Hunt was reminded after reviewing the minutes that some residents have not paid sewer connection fees. She wanted an update on which homes still needed to pay. Mayor Hopkins was not sure that research would show them all, but a study session was coming up to discuss the probability that the homes on 49th between Baltimore and Orchard may not have been charged. Any newer homes will be tracked more closely and charged from now on.

Public Comment
No one had anything to say.

Business
1. Ordinance 1306, Chronic Nuisance Activities, 2nd reading: Council Member Hedrick noted that "mayor's designee" should be listed rather than "directors" on page 6. Hunt confirmed that the police will be enforcing the terms on the ordinance. Council Member Hardin noted that "city" should be replaced with "town". He also asked for clarification on some of the language, which lead to more changes to the ordinance. Hedrick noted this was the second time he'd worked on trying to find a solution for the problem at "this location". He had worked with several mayors and police chiefs, and this time the town needed to take the problem seriously in his opinion. Hardin noted that this ordinance applies to everything in town and encouraged the town to use caution with the power this ordinance gives. After amending the ordinance, it was approved 5-0.

2. Ordinance 1307, Unauthorized discharges into Ruston's sanitary sewer system, 1st reading: This was recommended by the town engineer as a way to address any problems uncovered during smoke testing. Jerry Morrissette gave an update on the smoke testing schedule and handed out a sample door hanger that will be used to notify home owners about the testing. The cost for printing the tags will be about $600 additional plus the man-hours to hang them. The mayor will organize volunteers to hang the notices.

Town attorney Britton brought the focus back to the current ordinance, noting that this will give the town authority to force homeowners to make repairs if problems are found. Hardin wanted to know what the process would be if something is found. Morrissette said the town would advise the homeowner of the steps needed to correct the problem, along with the appropriate timeline to make the corrections.

The mayor said Tacoma is now charging Ruston based on an assumption there is infiltration of storm or other unauthorized discharges into the sewer. Once these corrections are done, Tacoma will hopefully lower their rate. Sherri Forch wanted to ask a question from the audience but was not allowed to do so. The council waived a second reading and passed the ordinance immediately with a vote of 5-0.

3. Resolution 464, Admending the agreement with Morrissette for the smoke testing: Passed with no discussion 5-0.

4. Resolution 465, Agreement with USArchives for current and new documents: The agreement will cover 5 subscribers, each with a number of guest users at a cost of $1,500 set up costs and $3,000 per year. Hardin pointed out that the letter the mayor signs will need to be updated before he signs so it only reflects the current and future documents, not scanning the old documents. Hardin felt the price USArchives is charging was too high for storage. The mayor said they are also providing the interface service. Hardin still thought the cost was too much, but the council was pleased that agendas, recordings of meetings and other materials will be available on the web. The resolution passed 5-0.

5. Discussion of Land Use Attorney: The mayor felt there were some potential disagreements coming up with the Point Ruston development and he wanted to be sure the town was taking all appropriate steps as the process moves along. He noted that Point Ruston had sued the town twice before and he wants to avoid a third if possible. He talked to AWC (the town's insurance carriers) and he was hopeful they would cover some of the cost for a special attorney. He will probably be proposing a budget revision to cover this work.

Hedrick said that his two years on the council had shown him how much time goes into trying to keep the town out of court. He agreed with this idea "given the seemingly disappointing and change in behavior with a certain developer here in town in the last few months and the actions they have taken...." He noted that Ruston settled out of court with AWC money based on AWC's recommendations with this developer before, which he felt made them culpable. Britton noted this was a different matter - a different part of the development, not Stack Hill. Hedrick was still concerned about the potential for being sued by the same developer "who thinks he's found a golden pot to get money out of it" should mean AWC had a vested interest in protecting it (the money). Britton encouraged the town move forward regardless of AWC's help. Hedrick and others will encourage AWC to help Ruston.

Hunt wanted to see the town move forward with hiring a land use attorney. Hardin wanted to know if the town could use a City of Tacoma land use attorneys since much of this development project lies in Tacoma. There was no answer given.

6. Discussion of Easter Egg Hunt/Breakfast: Huson confirmed that the median will not be torn up with the street light project over Easter weekend. He announced the egg hunt will be held on Saturday the 3rd of April, the day before Easter. The mayor's wife, Sherri Forch and maybe Patti Hardin along with the local seniors will host a continental breakfast inside town hall along with the hunt for the kids. Donations of candy or money can be made at town hall. Last year over 3,000 eggs were stuffed and given out. The town will put an announcement in the next newsletter. Sherri Forch said she will announce a "stuffing party" for anyone who wants to help prepare the eggs (usually the two Saturday's before the hunt at town hall).

Claims and Payroll
Hunt asked about the bill for $3,300 for work on two lights on Stack Hill. The mayor informed her the bill was for work at The Commencement, using the developer's deposit to get the correct lights installed. Hunt asked that someone ensure the correct fixture was being installed after the problem on Stack Hill last time. Claims and payroll were approved 5-0.

Mayor's Time
The town planner may have a recommendation for part-time code enforcer for use half a day when needed at $40 per hour. It would save the town planner's time for other tasks.

The mayor noted he had sent an email to the council about Ruston's email system with LESA. He thought the town may have new tenant in school building soon, a company called Tetra Tech who is doing remediation for EPA. He also noted that some residents are finding the costs for undergrounding their utilities are much higher with Qwest and Comcast than other services. The mayor said he is researching why and will want to update the franchise agreements with some of these vendors.

He also mentioned the Adirondack Chair art project. Collett Judd (a local artist and planning commissioner) explained the project to the council. The mayor mentioned the town is considering the idea of getting power to the median to light the chairs at night. Judd said there is discussion of having folks who live on Winnifred volunteer to take the chairs into their yard at night to prevent vandalism.

Council Time
Huson had no comment.

Hedrick had no comment.

Hunt mentioned that Comcast agreement with Ruston had probably expired. Rainier Communication Commission has a new agreement that Comcast had agreed to and suggested Ruston use that new template for a new agreement with them as well.

Hardin updated the council on his research on upgrading the town's office electronic equipment.

Kristovich had no comment.

The meeting adjourned about 8:15 pm.