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in Canada

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31st.

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» He said Canada, but maybe it was on the
way to their last floor.

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Right.

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The time is 7 PM on September 8th and I
call this meeting of the Battleground

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City Council to order. Uh please stand
if you can for the Pledge of Allegiance.

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I pledge algiance to the flag of the
United States of America and to the

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republic for which it stands
under God, indivisible with liberty and

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justice for all.

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[clears throat]

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» All right,

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clerk, can you call roll, please?
Mayor Overhozer,

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» present.
>> Deputy Mayor Vale,

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» present.
>> Council member Kypers,

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» present.
>> Council member Mson,

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» here.
>> Council member Ferrer,

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» present.
>> And council members McCoy and Bowman are

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both absent this evening.
>> Mayor, I'll make a motion to move um to

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excuse council member McCoy and council
member Bowman.

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» Second.
All right, we have a motion and a

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second. Call for the vote. All those in
favor? I

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» I. Any opposed? Hearing none. Passes
unanimously.

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» All right, we'll move on to summary
reports and presentations. Uh, council

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members, do we have any reports?
>> Yes,

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» I have. Uh,
council member Mson, you're up.

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» Uh, two of them. Uh we just uh exited
our second or third budget advisory

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committee meeting tonight. Um got some
good information out of there. Uh the

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second thing I'm going to have for
council member reports is council

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members. This is to advise the council
that an ethics complaint has been filed

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concerning a member of the city council.
The complaint has been received and will

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be reviewed in accordance with chapter
42.23 23 RCW, the city ethics code and

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applicable policies and procedures.
Mayor, if you wouldn't mind setting a

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committee review meeting.
>> You betcha. More than happy to do that.

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All right. And we have council member
Kypers.

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» Yes. Thank you, Mayor. Just a quick
update. The governance manual review

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committee has continued to meet. We will
be meeting again this coming Thursday,

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day after tomorrow. And we continue to
uh move along on um the review of all

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the various segments. It's going to be a
pretty heavy lift because there's a lot

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of um substantive changes that we're
looking at. Uh we'll continue to update

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through bi-weeklys, but we will have the
final draft for council to review all

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the recommendations and the changes um
at the end of well our target is

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December, but frankly it's going to be a
push to get it done. We we have a lot to

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cover and we meet for an hour. So
that's the update.

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» Thank you, Council Member Kypers. Any
additional

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council member reports this evening?
Hearing none, we will move on to the

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mayor's report. Um,
I actually don't have anything to report

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on this evening. Um,
the one thing that I'll uh state is that

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I will be scheduling the ethics
committee meeting. Um I'm not going to

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set the date and time here on the dis
but we'll get that scheduled with our

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ethics committee which is uh council
member Mson myself and council member

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Kypers. Um
and I will uh get that done here soon.

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So I don't know if I need to do I need
to set a date from the dis for that.

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» No, Mr. Mayor.
>> So okay.

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All right.
And do we have any presentations this

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evening?
Oh, got blank on that one. Good. And we

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will move on to the agenda approval. Um,
does any council member wish to amend

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the agenda this evening?

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Hearing none, I'll call for a motion.
>> I move to approve the meeting agenda as

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presented.
>> Second.

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» Right. We have a motion and a second.
All those in favor? I

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» I.
>> Any oppose?

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Hearing none.
Agenda is approved.

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Look at us. We're sailing away. All
right. We'll move on to citizen

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communications. I will now open the
meeting for citizen communications.

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At this time, as authorized, under the
council's adopted rules, the mayor may

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adjust both the individual speaking time
and overall length of the constituent

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comments period to ensure the orderly
and efficient conduct of the meeting.

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Due to the number of individuals wishing
to speak this evening, each speaker will

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have three minutes and the total public
comment period will last no more than 30

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minutes. This portion of the meeting is
a limited public forum to receive input

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from the public. It is not intended for
dialogue with the council. To help

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maintain an orderly and efficient
meeting, please avoid conduct that

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disrupts the proceedings. This includes
speaking out of turn, exceeding the time

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limit, creating loud or coordinated
demonstrations such as applause,

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00:17:20,160 --> 00:17:27,520
cheering, jazz hands, or other visible
or audible interruptions, calling out

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from the audience, or otherwise
preventing others from being heard.

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While all viewpoints are protected under
the First Amendment, obscene language,

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00:17:33,520 --> 00:17:40,720
derogatory remarks, personal attacks, or
campaign speeches can create

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disturbances that interfere with the
orderly conduct of the meeting. Speakers

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are therefore asked to present their
comments in a manner that allows the

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meeting to proceed efficiently and
respectfully. Threatening behavior,

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intimidation, or any conduct that
substantially interrupts, delays, or

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00:17:56,240 --> 00:18:03,440
interferes with the meeting may result
in removal from the chambers to protect

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the safety and order of the proceedings.
If your remarks relate to an item

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00:18:06,000 --> 00:18:12,240
scheduled for a public hearing, please
wait to provide your comments during

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that designated hearing period. All
comments should be directed to the

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mayor. The council may not be able to
respond to individual comments and may

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refer citizens to a staff member for
assistance.

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If due to time constraints you are
unable to provide verbal comment this

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evening, please submit written comments
to the clerk's office with the title

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00:18:30,880 --> 00:18:37,679
public comment for dispersement to
council. The deputy city manager has

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placed his cards at the podium. Please
feel free to take one if you would like

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to contact him with any questions.
If you have printed materials to submit

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for the record, please hand them to the
city clerk seated directly to the right

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of the podium. Thank you for your
cooperation and participation in the

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council meeting this evening.

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And uh clerk, are there any members of
the public on Zoom that wish to public

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uh comment remotely?
>> No, Mr. Mayor.

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» All right. Thank you very much.

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First up, we have Stephanie Adams.

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Good evening, council members and staff.
I rise to voice my deep concern over the

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Christian nationalist steps that this
council has recently taken. Governing a

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diverse city requires maturity,
pluralism, and respect for the law.

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Unfortunately, recent actions by members
of the council feel less like civic

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leadership and more like a middle school
locker room.

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There's a very rigid us versus them type
of mentality,

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an obsession with dominance,
and a refusal to tolerate the beautiful

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diversity of our community.
When you use your public office to

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privilege one specific religious
viewpoint, you treat everybody else as

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an outsider who doesn't belong. I would
venture to guess that most of our

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citizens don't meet with your approval.
I don't care about your vision for

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battleground.
The majority of us actually find it

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abhorrent.
Our city is not a playground click. We

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deserve mature leaders who represent all
constituents,

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protect the separation of church and
state, and focus on real issues rather

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than focusing on dividing us. Thank you.
>> Thank you, Stephanie. Next up, Colleen

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Eubanks.

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Good evening, council members, honorable
mayor, you're all honorable. Thank you.

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I just want to say first of all, thank
you for what you are doing to help

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Battleground Mobile Home Community and
um uh we just thank you. I sent a public

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comment for public dispersement that
kind of gives a a status as to where

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we're at right now. And uh we're in need
of of a few resources. So I would ask

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that you would consider those comments.
They're very brief and um give

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consideration and if you have any
information, give me a call. I would

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really appreciate that. Again, thank you
very much for all that you're doing.

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Thank you, Colleen.
Next up, Jessica Cole.

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Hello, council. I'm Jessica Cole. At the
last council meeting, there were not any

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Long View counselors in attendance like
we've seen repeatedly over the last

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several months. Unfortunately, there was
a Kel Kelso council uh member here and

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we have one from Kelso and uh Long View
counselors represented here tonight. Um,

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that council counselor is frequently
pictured with current and former Long

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View counselors who have attended our
contentious meetings, including some

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involving firing Chris Swanson when she
was Long View City Manager and some who

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were here when um, Battleground City
Council fired her. After the meeting, I

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watched the council counselor talk in
the city hall parking lot with

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counselors Ferrer, Mson, and Deputy
Mayor Vale. Miss Veil continued talking

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to quite some time with the council
counselor. When Dave Terry took a

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picture of them, Miss Vale addressed us
by name and then when I looked over, it

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appeared as if she was recording with
her phone. And I'm starting to wonder if

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being recorded by my own city counselors
is going to become a regular thing. It

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is especially frustrating because Miss
Vale is my city counselor. Yet, when

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I've tried to speak with her by phone,
she told me she would only communicate

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with me in writing for transparency.
Yet, apparently, lengthy parking lot

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conversations with an elected official
from Kelsa is different. Anyone can

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attend our public meetings, but
Battleground has enough outside

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involvement and controversy.
I'd rather see our counselors focus on

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battleground city residents,
battleground issues,

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and the work that you all were elected
to do here

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on that topic. Over the last two weeks,
I've been trying to get hold of the

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mayor by text, phone, and voicemail, but
never received a response.

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And I just wanted to touch on some
public things. Um Trent Richardson's

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memorial that happened recently. um one
of our local churches open their doors

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to have that happen so a lot of
community and family and friends and

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teammates and classmates could come and
I'm just really appreciative for all

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that did all people involved and the uh
young adults that put on his um

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vigil earlier. There was a cool flyin at
the airport. I never heard of it. It was

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a second year. Thank you so much for
everyone that that let us hang out in

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your yard at the airport here in
Battleground National Night Out. Thank

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00:24:33,039 --> 00:24:39,840
you to Lieutenant Keller for um working
around and getting it um rescheduled

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because of the fires. And it was great
to have at our new uh the new location

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um between Cam Academy and Chief. And um
I really appreciate Alicia coordinating

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the um historical walking tour with
Clark County Historical Museum. It was

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really great. And just so you know, I
might know something about G

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battleground that you all don't know
now. So I I'm willing to share. Thank

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you so much.
>> Thank you, Jessica.

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Next up, David Terry.

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» Everyone, David Terry. I'm a
battleground resident. Uh,

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[clears throat] I wanted to just go over
some of the greatest hits of this

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council since uh, the mayor's taken the
goble in January 2026. We're through

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eight months of of uh, work now. Uh,
proclamation inconsistencies and

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favoritism allegations, denial of a
previously accepted proclamation. Mayor

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00:25:36,880 --> 00:25:43,919
Overhaltzer unilaterally declined to
issue a June 2026 Pride Month

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proclamation despite committee members
submitting drafts nearly identical to

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other proclamations that have been
accepted. Perceived selective

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representation, the council's fast
stocking of proclamations for the

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National Day of Prayer, support for
federal immigration enforcement, nuclear

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families,
and [clears throat]

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resolutions containing condemning um
Antiva. It's been a total waste of time.

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And one of those meetings cost us over
$37,000 according to the uh uh assistant

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city manager at the time. Council
meeting invocations at first amendment

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00:26:15,360 --> 00:26:21,600
friction introduction of meeting
invocations. In August 2026, the council

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00:26:19,520 --> 00:26:25,440
voted to institute formal prayer
invocations at the beginning of council

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meetings. This has triggered immediately
uh community protests, warnings from

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civil liberty uh oriented people and
even our own clergy in this in this

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town. Uh, seems crazy to me, but we're
we're doing it anyway. Uh, the abrupt

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termination of city manager Chris
Swanson. Special surprise meeting with

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00:26:42,799 --> 00:26:50,400
24 hours notice. The council voted 4 to
three uh to terminate the city manager

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without cause. Just two days prior, the
council had completed an annual

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00:26:51,840 --> 00:26:58,400
performance review uh granting her a pay
increase in positive feedback. This

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00:26:56,720 --> 00:27:04,320
again makes no sense. I have no idea
what the hell you people are thinking.

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00:27:00,320 --> 00:27:08,000
potential open meetings act exposure. Uh
opposing counselors and residents

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00:27:06,000 --> 00:27:13,840
publicly questioned how the four vote
block could be done with no meetings. I

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00:27:11,679 --> 00:27:18,480
mean this seems very this seems very
suspicious to all of us out here and

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that could cause more litigation.
Significant financial liability by

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00:27:20,880 --> 00:27:28,799
firing Chris without cause. The city
triggered a cont contractual severance

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of 12 months pay deferred compensation.
uh then that's going to go get close to

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00:27:30,960 --> 00:27:38,080
a half a million dollars by the time we
take someone else. And this was all for

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the good of the city you all voted for.
Uh I read in the paper that now the

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city's been notified of a pending
lawsuit from our former city manager. So

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that could even drive the cost into the
millions in either defense costs or

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00:27:49,440 --> 00:27:55,840
court awarded costs. Now that's going to
be on your guys's tab. That's our tax

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money.
We we lost our We said bye-bye to our

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00:27:57,919 --> 00:28:04,320
legal representation. We said bye-bye to
our lobbyists. We said bye-bye to our

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strategic planning consultant. I mean,
it makes us look like we're not a good

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00:28:06,159 --> 00:28:12,880
city to work with. Um uh and then I I
just want to say, are you guys going to

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start working for us or are you going to
just keep burning down our city? We

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00:28:14,799 --> 00:28:21,720
cannot understand what the heck you're
doing. Thank you.

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00:28:18,320 --> 00:28:21,720
» Thank you, David.

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00:28:22,000 --> 00:28:27,120
» All right, that will conclude citizens
communication.

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00:28:27,440 --> 00:28:32,279
And we will move on to the consent
agenda.

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00:28:33,679 --> 00:28:41,799
Does any council member believe any
items need to be withdrawn from the

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00:28:37,679 --> 00:28:41,799
consent agenda this evening?

213
00:28:44,480 --> 00:28:53,679
I'll um make a motion to remove item M
from the consent agenda

214
00:28:51,440 --> 00:28:56,640
and uh
pass the rest of it. Yeah.

215
00:28:55,760 --> 00:28:59,440
» Okay.
>> Second.

216
00:28:57,360 --> 00:29:04,240
» We have a motion and a second to remove
M. All those in favor of removing M from

217
00:29:02,159 --> 00:29:07,279
the consent agenda.
>> I.

218
00:29:05,840 --> 00:29:11,360
» Any oppose?
>> Nay.

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00:29:08,000 --> 00:29:16,679
» We have one nay. Okay. And then we have
uh

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00:29:12,960 --> 00:29:16,679
Deputy Mayor Vale.

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00:29:17,279 --> 00:29:23,679
So M is removed.
>> Thank you, Mr. Mayor. Um I wanted to

222
00:29:21,279 --> 00:29:29,760
make a motion to remove items I through
L, but it appears um there may have been

223
00:29:26,559 --> 00:29:33,000
a motion made to um remove M and pass
all remaining.

224
00:29:33,919 --> 00:29:39,600
» Yeah.
>> Um

225
00:29:35,520 --> 00:29:49,200
» that happened. the clerk. Um, I heard a
motion to remove item M, a second, and

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00:29:43,760 --> 00:29:55,039
then a vote to remove item M, but not a
um approval of the remaining items on

227
00:29:51,919 --> 00:30:00,240
the consent calendar or agenda.
>> So, I believe you can.

228
00:29:57,279 --> 00:30:01,919
» So, we're still removed them.
>> Okay,

229
00:30:00,720 --> 00:30:08,080
» perfect. Thank you for the
clarification. I would like to make a

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00:30:03,760 --> 00:30:11,799
motion to remove items I, J, K, and L
from the consent agenda.

231
00:30:12,880 --> 00:30:18,960
» I'll second that.
>> All right. We have a motion and a second

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00:30:16,320 --> 00:30:23,520
to remove I, J, K, and L.
>> Uh, just point uh just to clarify, you

233
00:30:21,120 --> 00:30:27,279
don't want H, which is also part of the
grace. No. Okay. Make it sure.

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00:30:25,520 --> 00:30:30,720
» I don't believe so. Is that
>> No, just the items. Yeah. I through L,

235
00:30:29,440 --> 00:30:33,520
please.
>> Are we in discussion? We are in

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00:30:32,799 --> 00:30:37,520
discussion. Yeah.
>> So, just so I'm clear, we're going to

237
00:30:35,120 --> 00:30:39,919
remove I through L, but what about M?
>> M's already been removed.

238
00:30:38,960 --> 00:30:45,360
» Okay. Just making sure.
>> So, if we're in discussion, why are we

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00:30:41,919 --> 00:30:49,520
um asking these to be removed?
>> I would like further consideration on

240
00:30:47,120 --> 00:30:54,240
each I through L to be discussed
individually.

241
00:30:51,039 --> 00:31:01,840
» And I through L I will be recusing
myself from based on the rightway

242
00:30:58,559 --> 00:31:06,640
agreement. Okay.
All right. All those in favor of

243
00:31:03,679 --> 00:31:10,480
removing I, J, K, and L from the consent
agenda,

244
00:31:08,159 --> 00:31:11,919
uh,
say I.

245
00:31:11,360 --> 00:31:14,960
» I.
>> I.

246
00:31:12,640 --> 00:31:21,200
» Any opposed?
Hearing none. Motion passes unanimously.

247
00:31:18,640 --> 00:31:27,120
And let's hear a motion to pass the
remainder A through H.

248
00:31:25,360 --> 00:31:30,240
» So moved.
>> Second. We have a motion to pass the

249
00:31:28,720 --> 00:31:32,559
remainder of the consent agenda A
through H. Do we have a second?

250
00:31:31,919 --> 00:31:35,520
» Second.
>> Oh, we got a second. Thank you, Council

251
00:31:34,320 --> 00:31:43,320
Member Kypers.
>> All those in favor? I.

252
00:31:38,240 --> 00:31:43,320
» Any opposed? Hearing none.

253
00:31:43,760 --> 00:31:51,440
And uh should we consider I through L
first or M and continue in the order of

254
00:31:50,640 --> 00:31:58,000
the removal?
>> In the order of removal.

255
00:31:52,880 --> 00:32:03,320
» Okay. So, we will consider item M first.
That is the interim city manager

256
00:31:59,840 --> 00:32:03,320
employment agreement

257
00:32:03,600 --> 00:32:10,720
and uh let's hear discussion on that.
>> Do we have legal online?

258
00:32:08,799 --> 00:32:13,039
Hillary is there. Yeah.
>> Okay. Sorry about that.

259
00:32:11,679 --> 00:32:17,279
» I'm here.
>> Miss Evans, a couple questions on um

260
00:32:15,919 --> 00:32:22,720
well, I'm going to start with my first
question. Looking at the contract that

261
00:32:19,919 --> 00:32:26,480
was presented to us. Um, and excuse me
for dragging this out a little bit, but

262
00:32:25,279 --> 00:32:31,200
I don't really have a whole lot of
opportunity to reach out to you. Um, as

263
00:32:29,519 --> 00:32:36,799
there's a chain of command and how we
can communicate with you. Uh, one of the

264
00:32:33,360 --> 00:32:43,600
items on that contract uh, offer was a
contingency of time. Do you normally see

265
00:32:40,480 --> 00:32:48,559
in interim city manager contracts where
the recipient of the contract is setting

266
00:32:46,399 --> 00:32:52,799
a definitive time to it or are they
typically open-ended?

267
00:32:50,960 --> 00:32:56,720
Um, I've seen it done both ways.
Certainly, some people who take an

268
00:32:55,120 --> 00:33:01,679
interim job do not want to leave their
full-time gig for an extended period of

269
00:32:59,519 --> 00:33:05,600
time. So, it's usually the employees
choice if they're truly acting as

270
00:33:03,120 --> 00:33:09,600
interim and they don't want to abandon
their duties in their full-time job.

271
00:33:07,360 --> 00:33:13,842
I've seen it before. It's not typical.
It's not It's not the usual, but usually

272
00:33:11,919 --> 00:33:16,960
people want to be at the higher pay rate
[laughter]

273
00:33:14,720 --> 00:33:19,919
for as long as they can, but it it can
go both ways,

274
00:33:18,559 --> 00:33:24,159
» right? Mayor, I have another question,
but I'll round table wait my turn.

275
00:33:22,320 --> 00:33:28,360
» Thank you, Council Member Mson. Any
further discussion from anyone?

276
00:33:31,360 --> 00:33:43,720
» Um, I have a question for Hillary as
well. Hillary, um, you saw the original

277
00:33:37,760 --> 00:33:43,720
draft of the agreement, correct?

278
00:33:43,760 --> 00:33:49,360
» I did.
>> You did not.

279
00:33:46,880 --> 00:33:52,720
» No, I did. I I believe I saw a version
of it. Yes.

280
00:33:50,720 --> 00:33:58,320
» Yeah. And were there any uh red line
edits that you made as recommendations

281
00:33:55,840 --> 00:34:06,000
for that agreement?
>> It's possible. I don't remember. Um

282
00:34:02,640 --> 00:34:09,440
I can look it up and get back to you. Um
you know, I've reviewed this as it's

283
00:34:08,000 --> 00:34:13,119
written and there's nothing that stands
out to me as

284
00:34:11,599 --> 00:34:17,359
unusual.
Um,

285
00:34:15,440 --> 00:34:22,240
I'm scrolling through it now on my other
screen.

286
00:34:19,679 --> 00:34:30,839
I don't remember if there was anything
that I suggested that wasn't accepted.

287
00:34:26,399 --> 00:34:30,839
» Okay, thank you.

288
00:34:31,040 --> 00:34:36,679
» And Rob, can you offer any clarification
on that

289
00:34:37,040 --> 00:34:43,919
» about which question? Um my question was
legal had a chance to review that

290
00:34:43,599 --> 00:34:46,639
correct?
>> Yes.

291
00:34:44,560 --> 00:34:50,000
» And were there any edits that you know
of that were made to that uh recommended

292
00:34:49,040 --> 00:34:54,399
agreement or
>> not not that I recall if there's one in

293
00:34:52,399 --> 00:34:57,920
particular you have in mind?
>> No, I'm just making sure that we had

294
00:34:55,919 --> 00:34:59,760
legal fully review it and that that was
your recollection as well.

295
00:34:58,880 --> 00:35:03,000
» Understood.
>> Thank you.

296
00:35:03,119 --> 00:35:09,359
Okay. Uh oh, we have council member
Ferrer. You're up.

297
00:35:07,599 --> 00:35:14,000
» Yeah. Sorry, I'm a little slow tonight.
Couple hours sleep. Well, I just I had

298
00:35:11,839 --> 00:35:18,640
some
like some concerns that I wanted to have

299
00:35:16,640 --> 00:35:24,160
addressed and I don't know when would be
the best time to talk about those

300
00:35:22,160 --> 00:35:32,960
concerns considering like you said, we
don't have an the ability to, you know,

301
00:35:28,480 --> 00:35:38,720
talk to legal or I'm used to us being in
executive board sessions where we talk

302
00:35:35,280 --> 00:35:44,720
about us as a board. we talk about what
our you know what we like what we don't

303
00:35:42,160 --> 00:35:48,560
like you know before we come and just
decide to

304
00:35:46,000 --> 00:35:55,119
» well um I'll just clarif I'll help to
clarify this as much as possible uh when

305
00:35:51,599 --> 00:36:02,160
I consulted our clerk
um and legal about whether an executive

306
00:35:57,520 --> 00:36:10,000
session qualified for this it did but it
only qualified on the competency and

307
00:36:05,440 --> 00:36:15,359
merit of the of potential employee for
the interim. It did not uh cover any

308
00:36:13,440 --> 00:36:19,119
kind of compensation
or benefits or anything like that. That

309
00:36:17,520 --> 00:36:22,079
would need to happen in a public
meeting.

310
00:36:20,480 --> 00:36:26,640
» So,
just to help clarify and if you need

311
00:36:24,480 --> 00:36:31,200
further clarification before you ask
your question, you're more than welcome

312
00:36:28,160 --> 00:36:32,320
to consult Hillary or legal now. You're
in a meeting.

313
00:36:32,000 --> 00:36:35,760
» Yeah.
>> To see if that direction can be given.

314
00:36:34,320 --> 00:36:42,400
Well, because we just got done doing
this with the um the Clark County

315
00:36:39,599 --> 00:36:48,880
Mosquito Board and we did everything in
executive session when we discussed the

316
00:36:44,960 --> 00:36:54,079
contracts and if everybody on the board
was accept you know they accepted that

317
00:36:52,320 --> 00:36:59,040
everything that was in the contract that
was our time to talk about it. We went

318
00:36:56,640 --> 00:37:03,280
and had a special meeting specifically
for that. So it's this is just kind of

319
00:37:01,440 --> 00:37:08,400
weird to me. It makes me feel a little
uncomfortable that we don't have the

320
00:37:05,359 --> 00:37:15,640
opportunity to talk, you know, openly,
you know, and voice our concerns. Um,

321
00:37:12,640 --> 00:37:15,640
yeah.

322
00:37:16,160 --> 00:37:24,000
Um,
legal uh Hillary or Liz, either one. Do

323
00:37:21,920 --> 00:37:29,200
you guys do you guys have any
recommendations to offer on that as far

324
00:37:25,920 --> 00:37:33,920
as an executive session? whether it
would again maybe you can help me

325
00:37:32,640 --> 00:37:39,119
recall.
>> Sure. There are very few exceptions to

326
00:37:36,240 --> 00:37:44,079
the OPMA unfortunately. Um it's by
design. You'll see a lot of councils in

327
00:37:41,839 --> 00:37:48,160
this awkward situation of discussing
contract terms in open session. The only

328
00:37:46,480 --> 00:37:51,599
exceptions are is if you're worried
about potential litigation resulting

329
00:37:50,079 --> 00:37:56,000
from one of these contract provisions,
we could make the straightfaced argument

330
00:37:53,520 --> 00:38:00,640
that an executive session is warranted.
Um, another another thing is if you're

331
00:37:58,960 --> 00:38:05,440
reviewing performance of a current
employee. So, if you have concerns

332
00:38:03,200 --> 00:38:10,480
about, you know, the qualifications of
your interim, certainly. Um, and then

333
00:38:07,760 --> 00:38:14,560
just generally speaking, um, I I don't
know how you generally do it, but if you

334
00:38:12,480 --> 00:38:18,000
have reviewed the agenda and you have a
concern with something on the agenda,

335
00:38:16,400 --> 00:38:21,040
you're always welcome to shoot me an
email. And I don't need know if you

336
00:38:19,359 --> 00:38:26,400
should go through Rob to do that, but
certainly um, it's preferable to get

337
00:38:24,079 --> 00:38:30,320
these questions answered prior to open
session and in a one-on-one email or

338
00:38:28,480 --> 00:38:33,040
phone call with me um, because that
would retain the attorney client

339
00:38:31,520 --> 00:38:36,320
privilege and potentially answer your
concerns. So, just for future reference,

340
00:38:34,400 --> 00:38:39,960
I know it doesn't help you now, but
those are my thoughts.

341
00:38:48,960 --> 00:38:55,839
» I'm going to mirror what council member
Fer stated as we've been instructed

342
00:38:53,520 --> 00:39:01,119
before that we don't have access to our
previous legal team. uh if we have that

343
00:38:59,119 --> 00:39:06,960
ability and I could pose some of my
questions to her via email um so I can

344
00:39:04,720 --> 00:39:13,000
have a better understanding, I would it
would help me in my process, my thought

345
00:39:08,960 --> 00:39:13,000
process working through this.

346
00:39:15,440 --> 00:39:25,119
Yeah,
understood. Um is there any further

347
00:39:21,200 --> 00:39:29,599
discussion on this? I have Deputy Mayor
B.

348
00:39:26,720 --> 00:39:32,960
» Thank you, Mr. Mayor, um, as most of you
know, we've had another candidate that's

349
00:39:31,440 --> 00:39:38,640
potentially interested or that is
interested in the city manager position

350
00:39:34,960 --> 00:39:43,359
and is also interested in consideration
potentially of the interim position.

351
00:39:40,952 --> 00:39:47,280
[clears throat] And so, um, my thoughts
would be before we enter into this

352
00:39:45,359 --> 00:39:51,920
contract, I would like more time to be
able to speak with this individual and

353
00:39:49,680 --> 00:39:55,280
find out if that would be, um, the
direction that this council would like

354
00:39:53,280 --> 00:40:02,320
to take. I know that that there was a
vote uh that asked for uh deputy city

355
00:39:58,880 --> 00:40:07,119
manager uh Barrier to to take this
position. Um but if we have another

356
00:40:04,800 --> 00:40:12,320
candidate that's able to this might also
be um preferable at this time. So I

357
00:40:11,119 --> 00:40:17,920
wanted just at least to bring that
before council. I think it's probably

358
00:40:16,079 --> 00:40:27,760
worth pointing out that we did have a
motion and it passed I believe 5 to two

359
00:40:24,800 --> 00:40:36,400
uh to retain Rob as an interim city
manager pending uh agree agreed upon

360
00:40:32,160 --> 00:40:40,240
terms. Um and that is why we're looking
at this now is as we're reviewing this

361
00:40:38,960 --> 00:40:48,000
interim city manager [clears throat]
employment agreement. So, if we want to

362
00:40:44,800 --> 00:40:54,800
um change that,
that would probably require somebody um

363
00:40:51,920 --> 00:40:58,960
rescending their vote or
reconsidering the motion. Again,

364
00:40:57,119 --> 00:41:04,839
terminology is lost on me on this one.
Liz, maybe help me out. But,

365
00:41:01,839 --> 00:41:04,839
um

366
00:41:05,040 --> 00:41:14,359
that would require us to make some kind
of action. Otherwise,

367
00:41:10,240 --> 00:41:14,359
we have already had a motion.

368
00:41:14,560 --> 00:41:22,800
If I'm correct, Liz.
>> Yes. Just reviewing my notes, Mr. Mayor.

369
00:41:21,359 --> 00:41:28,720
» I think it'd be
>> so um

370
00:41:25,280 --> 00:41:34,560
» either to resend or to reconsider
requires that a council member who voted

371
00:41:31,280 --> 00:41:38,640
on the prevailing side make that motion.
Um,

372
00:41:36,480 --> 00:41:44,720
both require a second and can be made by
any council member.

373
00:41:41,119 --> 00:41:49,040
Uh, a motion to resend is out of order
if the original vote has already led to

374
00:41:46,960 --> 00:41:53,359
an action or event that cannot be
undone.

375
00:41:50,800 --> 00:41:57,440
Um,
a motion to reconsider may be made

376
00:41:55,760 --> 00:42:04,000
either during the same council meeting
in which the original motion was decided

377
00:42:00,000 --> 00:42:13,000
or at the next council meeting.
So, um, it is likely that it would need

378
00:42:07,680 --> 00:42:13,000
to be a motion to resend.

379
00:42:14,000 --> 00:42:17,880
» Thank you, clerk.

380
00:42:18,000 --> 00:42:24,400
» Council member Kypers.
>> Thank you. Um,

381
00:42:22,480 --> 00:42:29,280
I'm concerned about the direction that
we're going here. I think that

382
00:42:27,520 --> 00:42:37,040
um
we have not taken the time as a council

383
00:42:32,400 --> 00:42:42,400
that we should take to evaluate where we
are as a council and where we are as a

384
00:42:39,359 --> 00:42:50,000
leadership uh and where we are with our
overall management of the city. Uh we

385
00:42:46,560 --> 00:42:56,880
made a decision to uh we made we voted
to bring Rob on as the interim. we

386
00:42:54,000 --> 00:43:03,680
approved that. I think that we need some
time to um establish maybe a committee

387
00:43:01,520 --> 00:43:10,720
that's going to look at the hiring
process. Um I'm happy to see that we

388
00:43:07,200 --> 00:43:14,640
have an applicant, but we still need to
um we can't just throw somebody in into

389
00:43:12,880 --> 00:43:20,960
a position
and then work as we've always worked.

390
00:43:19,119 --> 00:43:26,880
And I think that we need to have some
time to um give ourselves the ability to

391
00:43:24,640 --> 00:43:29,920
work through some things as a council to
have some conversations around

392
00:43:28,400 --> 00:43:37,599
priorities
and so that whomever we're bringing on

393
00:43:33,040 --> 00:43:43,359
um in this next position as city manager
is given a strong foundation to work

394
00:43:40,560 --> 00:43:48,640
from. They have set goals and they know
where we want them to head and we've not

395
00:43:45,280 --> 00:43:54,720
had that conversation yet. I think that
um

396
00:43:50,560 --> 00:44:00,400
I I think that Rob is doing a a great
job keeping us going as the interim and

397
00:43:57,599 --> 00:44:04,160
that we just need to continue that and
give ourselves the time to go through

398
00:44:02,319 --> 00:44:08,720
whatever the process is going to be.
Whether we're going to move forward with

399
00:44:06,720 --> 00:44:11,680
hiring another company to help us with
that, if we're going to do it

400
00:44:09,760 --> 00:44:17,520
internally, whatever, we haven't had a
chance to com have a conversation about

401
00:44:14,480 --> 00:44:22,319
what this is. So, unless
the four of you have some ideas on what

402
00:44:20,160 --> 00:44:28,400
you want to do, I I would like to be
part of that conversation and um

403
00:44:26,240 --> 00:44:32,359
just stabilize us a little bit before we
start bringing in new people.

404
00:44:34,560 --> 00:44:43,440
Thank you, Council Member Kers.
Um okay, so

405
00:44:41,040 --> 00:44:48,319
we still have this agreement in front of
us. Is there any further discussion that

406
00:44:46,640 --> 00:44:51,319
we would like to have involving this
agreement?

407
00:44:54,640 --> 00:45:03,760
» Okay.
Hearing none, um I would

408
00:44:59,920 --> 00:45:09,839
» well I would like to table it because to
be able to the next meeting so I'm able

409
00:45:06,640 --> 00:45:13,920
to address my concerns with the
attorney.

410
00:45:11,680 --> 00:45:15,680
That that's what I would be asking for.
Is that

411
00:45:14,640 --> 00:45:18,560
» that's your motion?
>> Yeah, that would be my motion.

412
00:45:17,119 --> 00:45:22,720
» Second. So,
>> just to cl Okay, just to clarify, we

413
00:45:21,280 --> 00:45:25,440
wouldn't want to table. I think we'd
want [clears throat] to postpone.

414
00:45:23,680 --> 00:45:28,160
» Postpone. Is that the one that goes just
to the next meeting? Cuz I just I just

415
00:45:26,800 --> 00:45:34,960
want to the next meeting.
>> Table is to the next meeting. Postpone

416
00:45:31,119 --> 00:45:37,680
is to allow for it to be even after the
next meeting.

417
00:45:35,280 --> 00:45:41,359
» I was confused. I thought table was
indefinite unless you set a time and

418
00:45:39,359 --> 00:45:45,920
postpone was to the next meeting. My
apologies. So, okay, we have a motion

419
00:45:43,920 --> 00:45:51,920
and a second to table the meeting or
table this topic until the next meeting

420
00:45:49,119 --> 00:45:55,839
to give council time to
um communicate with our legal council on

421
00:45:54,319 --> 00:45:59,200
this uh agreement.
>> Uh the clerk requests who was the second

422
00:45:58,240 --> 00:46:06,079
on that motion.
>> It was council member Mson.

423
00:46:02,640 --> 00:46:09,839
» All those in favor? I
>> All opposed?

424
00:46:07,200 --> 00:46:14,960
» Nay.
Hearing the motion passes

425
00:46:12,960 --> 00:46:17,280
three to one.
>> Can I just ask a question?

426
00:46:16,640 --> 00:46:20,880
» Yeah.
>> Oh, you look confused. [clears throat]

427
00:46:19,760 --> 00:46:23,359
» That would be four to one.
>> It's It's four to one. I didn't vote.

428
00:46:22,960 --> 00:46:29,760
Oh.
>> Oh, you abstain, mister.

429
00:46:26,800 --> 00:46:34,079
» Um, this question is for Rob. How would
be the best way you'd like me to do

430
00:46:31,599 --> 00:46:38,480
that? Should I go through you? Should I
email the attorney my questions? Or what

431
00:46:36,560 --> 00:46:42,160
would you prefer, sir? If if you'd
prefer to speak directly with Hillary

432
00:46:40,240 --> 00:46:44,000
and and she's okay with that, I don't
have a concern with it.

433
00:46:43,200 --> 00:46:47,599
» Okay. Okay.
>> Hillary.

434
00:46:46,000 --> 00:46:49,760
» I saw thumbs up from Hillary. She's got
a thumbs up.

435
00:46:48,160 --> 00:46:53,119
» All good.
>> And if you guys need Hillary's contact

436
00:46:51,520 --> 00:46:55,359
information, uh, we can have it shared
with council.

437
00:46:54,160 --> 00:46:57,119
» Yeah, I'd like to get that, please.
>> I can share that with you.

438
00:46:56,480 --> 00:47:01,520
» Me as well.
>> Thank you, Rob.

439
00:46:58,480 --> 00:47:09,839
» All right. Now we will move on to review
items I, J, K, and L uh from the consent

440
00:47:06,000 --> 00:47:15,440
agenda. For this, I will recuse myself.
Uh so do me a favor. Somebody run this

441
00:47:13,520 --> 00:47:20,720
meeting.
Uh well, I think she might recuse

442
00:47:17,599 --> 00:47:24,960
herself as well. So
um Brian, do you mind running this?

443
00:47:22,319 --> 00:47:29,760
Sure. Taking point on that. And uh just
not

444
00:47:26,960 --> 00:47:34,400
Okay.
Um, if I may interject, u, Mayor

445
00:47:32,800 --> 00:47:42,000
Overhozer,
um, should both of you recuse, this item

446
00:47:38,400 --> 00:47:46,640
cannot actually be passed because there
will not be a

447
00:47:44,079 --> 00:47:51,200
» quorum present.
>> Well, then maybe we need to

448
00:47:49,200 --> 00:47:54,400
» perhaps you
>> uh Well, first of all, I'd say it'd be

449
00:47:53,119 --> 00:47:57,839
good if all of our council members
showed up to our meetings, but

450
00:47:55,839 --> 00:48:00,480
» yeah. Uh, did you have something you
want to say?

451
00:47:58,480 --> 00:48:05,599
» I do. Um, I would just like to ask
Legal's input. Uh, I know that I want to

452
00:48:03,359 --> 00:48:11,520
be fully transparent as well with all
decisions that are made. Um, but, uh, my

453
00:48:08,800 --> 00:48:18,560
husband works for a company that's, uh,
affiliated with these four, um, I

454
00:48:15,520 --> 00:48:23,520
through L, uh, these four property
owners. Um and so uh just for the sake

455
00:48:22,000 --> 00:48:29,680
of transparency, I was planning to
recuse myself. Although at the same

456
00:48:25,760 --> 00:48:35,440
time, he's not in any position to be um
to gain anything financially. Uh any um

457
00:48:33,520 --> 00:48:41,839
any
promotions or anything else. Um the

458
00:48:38,000 --> 00:48:46,720
decision to um to accept or deny these
would have no bearing on his employment.

459
00:48:44,319 --> 00:48:52,160
Um so we're completely separate. Um, and
so, uh, does legal advise that I would

460
00:48:49,680 --> 00:48:55,599
need to rescend myself in this
particular situation or am I able

461
00:48:54,000 --> 00:49:02,160
because I can make a decision that is
neutral to remain at the meeting for

462
00:48:58,559 --> 00:49:06,480
these items. So, I don't have any of
your

463
00:49:03,920 --> 00:49:10,960
city specific rules and pro procedures
for council, but what I can say is when

464
00:49:08,400 --> 00:49:13,599
it comes to state law, uh, you've
probably all heard about this in

465
00:49:12,160 --> 00:49:18,559
training, but it was probably a while
ago. uh you're prohibited from entering

466
00:49:16,240 --> 00:49:24,640
into a contract in which you have an
interest. An interest is something that

467
00:49:22,319 --> 00:49:27,960
you personally would benefit for. If you
look at RCW42330,

468
00:49:29,760 --> 00:49:40,000
it does not apply to contracts where the
officer has a relative unless you have

469
00:49:35,680 --> 00:49:45,200
an interest in the earnings of that. So,
um, and if you did, there's a process

470
00:49:43,520 --> 00:49:50,160
that we would go through called a remote
interest, which would determine whether

471
00:49:47,119 --> 00:49:56,079
or not you'd be able to recuse yourself
and the contract could still proceed.

472
00:49:52,079 --> 00:49:59,520
Um, but if that's not the case, um,
unless there's something specific to

473
00:49:58,000 --> 00:50:04,160
Battlegard, unless you guys have adopted
a more strict set of rules for yourself

474
00:50:02,000 --> 00:50:08,079
than has the state, I think you're okay
to proceed.

475
00:50:06,079 --> 00:50:10,880
But I love the transparency. I always
like to put those things out in the

476
00:50:09,359 --> 00:50:13,359
record just so people know what's going
on and then go ahead and vote if you'd

477
00:50:12,319 --> 00:50:15,280
like.
>> Thank you, Hillary.

478
00:50:14,240 --> 00:50:21,920
» Thank you.
>> Okay, so I will recuse myself from this

479
00:50:18,960 --> 00:50:24,960
uh discussion and vote and I will leave
it in the good hands of Deputy Mayor

480
00:50:23,920 --> 00:50:28,920
Veil. Thank you.
>> Thank you. Excuse me.

481
00:50:32,319 --> 00:50:37,920
» I did.
>> I switched seats just as Mayor

482
00:50:36,240 --> 00:50:42,079
Overholster said I didn't have to, but I
thought it would be embarrassing to go

483
00:50:39,200 --> 00:50:48,319
back to my own seat. Okay, so um so
we're going to be discussing items I, J,

484
00:50:44,800 --> 00:50:53,119
K, and L, which is uh Southeast Grace
Avenue phase 2 rideaway purchase

485
00:50:50,559 --> 00:50:58,880
approval at Battleground Main Property.
Item I,

486
00:50:55,680 --> 00:51:05,040
item J, Southeast Grace Avenue phase 2
rideofway purchase approval battleground

487
00:51:01,280 --> 00:51:10,240
property 10. Item K, Southeast Grace
Avenue phase 2 ride-of-way purchase

488
00:51:07,280 --> 00:51:16,319
approval battleground property 13. And
item L, Southeast Grace Avenue phase 2

489
00:51:14,079 --> 00:51:20,040
ride-of-way purchase approval, Main
Street Theater Restoration.

490
00:51:20,800 --> 00:51:24,160
Any discussion?

491
00:51:24,480 --> 00:51:32,319
I've looked through uh looked through it
for the second time today. I don't have

492
00:51:29,760 --> 00:51:36,880
any heartburn with it. [clears throat]
>> I mean, I have I'm curious to know why

493
00:51:34,640 --> 00:51:40,400
you
or is that the only reason why you

494
00:51:38,000 --> 00:51:44,359
pulled them? Oh,
>> yep. That was the only reason

495
00:51:44,400 --> 00:51:52,319
» Yeah. So, no further discussion. I will
entertain a motion for approval.

496
00:51:50,240 --> 00:51:57,520
» So, move. Second.
So, we have a motion uh from council

497
00:51:54,800 --> 00:52:01,040
member Ferrer
and second from council member Kypers.

498
00:51:59,920 --> 00:52:01,760
All in favor?
>> I

499
00:52:01,359 --> 00:52:06,079
» I
>> I

500
00:52:03,200 --> 00:52:12,480
» I. Any opposed?
Motion passes.

501
00:52:08,400 --> 00:52:15,640
Uh with four votes.
Thank you.

502
00:52:26,720 --> 00:52:35,599
Scary back there. It's dark. Like it.
Kidding. Um. All right.

503
00:52:34,079 --> 00:52:41,280
So,
get down here. We're through all the

504
00:52:37,119 --> 00:52:44,880
motions. All right. Business. Uh, clerk.
Uh, are there any communications

505
00:52:42,880 --> 00:52:48,160
submitted regarding business items that
have not yet been provided to the

506
00:52:46,319 --> 00:52:54,000
council? If so, could you read those
comments prior to council discussion?

507
00:52:51,599 --> 00:52:59,119
» None have been submitted, Mr. Mayor.
>> Thank you.

508
00:52:55,839 --> 00:53:03,839
All right. City Manager, executive
search presentation.

509
00:53:01,440 --> 00:53:05,760
Introduce Deputy City Manager Rob
Farrier.

510
00:53:04,640 --> 00:53:11,200
» Thank you, Mr. Mayor, members of
council. At your last meeting on August

511
00:53:08,240 --> 00:53:14,640
17th, council directed staff to obtain
uh requests for proposals from executive

512
00:53:13,119 --> 00:53:18,720
search firms for the city manager
recruitment. Attached to the staff

513
00:53:16,880 --> 00:53:24,000
report on this matter are seven
proposals we've received uh for that

514
00:53:21,200 --> 00:53:29,040
recruitment. There are multiple options
that are available to the city council.

515
00:53:26,079 --> 00:53:34,480
Um for example, you could select you
could direct staff to um contact one of

516
00:53:32,160 --> 00:53:38,640
the selected firms and move forward with
obtaining an agreement for an executive

517
00:53:36,000 --> 00:53:43,920
search. uh given the gravity and the
importance of what your undertaking

518
00:53:40,480 --> 00:53:48,960
would be uh you may decide to agendaize
it and add it to a further agenda at a

519
00:53:46,240 --> 00:53:57,119
future meeting for further discussion or
you could take no action whatsoever. Um

520
00:53:53,599 --> 00:54:00,880
the uh proposals were attached and um if
you have any questions feel free to let

521
00:53:58,640 --> 00:54:04,240
me know tomorrow. Our HR manager is here
as well and just let us know I have

522
00:54:02,800 --> 00:54:06,240
questions.
>> Thank you.

523
00:54:04,559 --> 00:54:10,960
» Thank you Rob.
Um, well, looks like we're entering into

524
00:54:08,559 --> 00:54:14,319
discussion on this. Uh, Council Member
Mson,

525
00:54:12,000 --> 00:54:18,559
» I'll keep it brief. Rob, I'd like to
have more discussion in our bi-weeklies.

526
00:54:16,640 --> 00:54:22,960
I do have some concerns about hiring
outside consultants. I would like to

527
00:54:20,960 --> 00:54:27,520
find out through the bi-weeklys what the
temperature of the council is to see if

528
00:54:25,359 --> 00:54:31,280
uh as council member Kypers brought up
tonight being

529
00:54:29,359 --> 00:54:34,720
thoughtful and thorough in what we
discuss on and how we move forward

530
00:54:33,200 --> 00:54:39,760
whether we're going to do this internal
or we're going to do this external. So

531
00:54:37,599 --> 00:54:44,720
um I did see some of the I saw the
numbers that were in the packet and

532
00:54:42,559 --> 00:54:47,599
there's a pretty big disparity also the
locations of where these firms are at.

533
00:54:46,559 --> 00:54:51,920
So, I'd just like to have more
discussion with you and find out what

534
00:54:50,079 --> 00:54:56,559
your bi-weeklys are like with council,
where they're at.

535
00:54:54,000 --> 00:54:59,359
» Okay. Uh, if the rest of the council
members feel that same way, we'd be

536
00:54:57,839 --> 00:55:07,440
happy to put it on the next bi-weekly
agenda and solicit input at that time.

537
00:55:04,400 --> 00:55:11,119
» Any further discussion?
>> I No, I I agree with that.

538
00:55:09,280 --> 00:55:16,400
» I'll say something just real briefly.
First of all, uh thank you Tamara for

539
00:55:14,800 --> 00:55:21,440
putting that all together, reaching out
to the firms and and consolidating the

540
00:55:19,599 --> 00:55:26,800
responses, putting that together. Some
very robust feedback that we got. I I

541
00:55:24,319 --> 00:55:35,280
was uh pleasantly surprised and pleased
with seven firms coming back. All some

542
00:55:31,119 --> 00:55:39,200
proposals lengthy by the way. Um and I
did read through most of those. Uh I

543
00:55:37,440 --> 00:55:45,680
feel like we have some pretty solid
candidates uh for a recruiting firm

544
00:55:41,760 --> 00:55:50,000
available to us. I agree uh with that
being said that we should run this

545
00:55:47,920 --> 00:55:56,079
through some bi-weekly for further
discussion and and counsel. I also to be

546
00:55:54,000 --> 00:56:01,359
honest wouldn't feel comfortable making
a decision tonight on that based on our

547
00:55:59,359 --> 00:56:06,480
uh missing two of our council members in
person um tonight. And I think that is a

548
00:56:04,000 --> 00:56:12,720
big decision that um everyone should
have the chance to weigh in on. So um or

549
00:56:09,200 --> 00:56:17,200
at least have their um their piece said
during bi-weekly so we can get a

550
00:56:14,240 --> 00:56:20,960
temperature. So uh
I think a thumbs up will probably do to

551
00:56:18,960 --> 00:56:22,480
give direction to staff to go ahead and
present that.

552
00:56:21,760 --> 00:56:28,559
» Thank you.
>> Thank you, Rob.

553
00:56:25,440 --> 00:56:34,640
» All right. Next up, now we're getting
into the meat here. Sidewalk maintenance

554
00:56:31,280 --> 00:56:39,200
presentation. Big stuff. Uh, I'd like to
introduce uh, Deputy City Manager Rob

555
00:56:37,119 --> 00:56:42,480
Barrier and public works director Mark
Hersy. Take it away, gentlemen.

556
00:56:41,280 --> 00:56:46,240
» Thank you, Mr. Mayor, members of
council. At a prior meeting, the city

557
00:56:44,240 --> 00:56:49,920
council had requested staff to make a
presentation on sidewalk maintenance

558
00:56:48,240 --> 00:56:55,359
here in Battleground, including an
overview of relevant codes and

559
00:56:52,240 --> 00:56:59,440
operational practices. Um the city has a
long history of requiring property

560
00:56:57,520 --> 00:57:04,799
owners to maintain sidewalks that are
abudding their property. Uh, for

561
00:57:01,680 --> 00:57:09,440
example, uh, ordinance 95-769,
which was adopted in 1995,

562
00:57:07,760 --> 00:57:14,240
um, included specific language that
stated, "Whenever any street or public

563
00:57:11,359 --> 00:57:17,440
way in battleground, um, has been
improved by the construction of a

564
00:57:15,520 --> 00:57:20,799
sidewalk along either side thereof, the
duty, burden, and expense of the

565
00:57:18,960 --> 00:57:24,880
maintenance, cleaning, repair, and renew
renewal of such sidewalk shall devolve

566
00:57:22,559 --> 00:57:28,799
upon the owner of the property, private
property directly, but in the sidewalk."

567
00:57:27,959 --> 00:57:35,040
[gasps]
Further uh in RCW that's the revised

568
00:57:31,440 --> 00:57:40,720
code of Washington um this in this in
the municipal code we've uh we've

569
00:57:38,640 --> 00:57:45,040
codified portions of the RCW related to
sidewalk maintenance specifically

570
00:57:42,799 --> 00:57:49,520
chapters 3568
uh and 3570 which authorize cities to

571
00:57:47,440 --> 00:57:56,400
assess the cost of repairing sidewalks
on the abuing property owner.

572
00:57:53,599 --> 00:57:59,920
When you look at RCW, uh, it describes
the legal framework by which code

573
00:57:58,640 --> 00:58:04,559
cities, which includes the city of
Battleground, may define obligations for

574
00:58:02,240 --> 00:58:08,319
sidewalk maintenance, specifically
3568010,

575
00:58:06,720 --> 00:58:14,480
which was first adopted by the state of
Washington uh 80 years ago, almost in

576
00:58:10,480 --> 00:58:19,359
1949. It says that any city or town uh
is authorized to construct, reconstruct,

577
00:58:16,480 --> 00:58:24,240
and repair sidewalks, gutters, and curbs
along and driveways across sidewalks

578
00:58:22,319 --> 00:58:28,880
and to pay the cost thereof from any
available funds or to require the abuing

579
00:58:27,680 --> 00:58:35,119
property owner to construct the
improvements at owner's own cost or

580
00:58:30,799 --> 00:58:40,640
expense subject to limitations of RCW.
current practice here in the city has

581
00:58:36,880 --> 00:58:46,319
been to implement um both BGMC, the
municipal code and RCW chapters as they

582
00:58:43,200 --> 00:58:50,799
relate to maintenance of sidewalks. Um
to that end, staff typically sends out a

583
00:58:48,640 --> 00:58:53,599
notice to the affected property owner uh
regarding their responsibility to

584
00:58:52,160 --> 00:58:59,440
maintain damaged sidewalks. That
includes a photograph of the damage. Um

585
00:58:56,640 --> 00:59:04,000
it also includes specs uh for repair of
the work. um and a statement that they'd

586
00:59:02,319 --> 00:59:07,440
be required to get a permit from the
city to repair the sidewalk, which is at

587
00:59:05,920 --> 00:59:12,559
no cost, if I'm remembering that
correctly. Um

588
00:59:10,400 --> 00:59:16,079
we have not uh we have not followed
through on that because of the concerns

589
00:59:14,400 --> 00:59:21,040
expressed by council members about this
practice. And so this evening, we are

590
00:59:18,480 --> 00:59:24,720
asking uh council to provide staff with
your guidance and your direction on how

591
00:59:22,799 --> 00:59:28,400
you would like us to address this moving
forward.

592
00:59:26,400 --> 00:59:34,480
staff's opinion is that the model we
have right now seems to work. Um, and we

593
00:59:31,359 --> 00:59:39,839
would like to see it continue as is, but
that's not our call. That's your call.

594
00:59:36,480 --> 00:59:44,240
And so we would um leave it at that and
open it up from your questions. Thank

595
00:59:41,359 --> 00:59:48,880
you.
>> Thank you, Rob. Uh, first up we have

596
00:59:47,200 --> 00:59:53,280
Council Member Mson.
>> Well, thank you, Mayor. So Rob, this

597
00:59:51,040 --> 00:59:57,040
just kind of repeating what I said uh
when we were looking at code updates

598
00:59:54,880 --> 01:00:01,599
before, more specifically in the
northwest quadrant of our city. There

599
00:59:59,200 --> 01:00:06,240
was a period of time where uh require
tree there was a certain tree required

600
01:00:03,599 --> 01:00:10,160
by the city to the developer during the
construction. And those trees are what

601
01:00:07,839 --> 01:00:14,720
has caused a lot of damage. Again,
putting the burden on the uh homeowner

602
01:00:13,200 --> 01:00:17,839
for something that they didn't have a
choice of. The only choice they had was

603
01:00:16,400 --> 01:00:24,319
buy the house they could afford or don't
buy the house they could afford.

604
01:00:20,000 --> 01:00:30,160
Um, I would be open to exploring some
options for those property owners and

605
01:00:26,960 --> 01:00:35,040
some some relief to get the concrete
fixed, whether that comes from, you

606
01:00:32,480 --> 01:00:40,000
know, state grants if they become
available. um you know, are they

607
01:00:37,359 --> 01:00:44,720
lowincome families, senior citizens on
fixed incomes? Where where can some

608
01:00:42,160 --> 01:00:50,880
assistance come in to help uh impose
that safety mechanism to get those

609
01:00:47,760 --> 01:00:56,160
sidewalks repaired? If uh in a perfect
world, if we weren't looking at that

610
01:00:54,319 --> 01:00:59,920
specific quadrant of our city and it was
just a you know everything was done the

611
01:00:57,760 --> 01:01:06,559
right way, I would get more of an
imposition on the code to if a property

612
01:01:03,359 --> 01:01:10,480
owner damaged it, you know, for whatever
reason. I I would get that. But there's

613
01:01:08,559 --> 01:01:13,359
a lot of lot of houses over there that
they didn't have a choice on that tree

614
01:01:11,839 --> 01:01:19,280
that got put in, but they got left with
the benefit of it. So, I'm all in favor

615
01:01:16,319 --> 01:01:23,839
of just leaving it as it is. But I would
uh entertain some idea or some, you

616
01:01:22,160 --> 01:01:30,079
know, some options if there was some
kind of a relief for those homeowners to

617
01:01:27,520 --> 01:01:33,920
get that repaired, you know, essentially
out of no cost of their pocket.

618
01:01:32,559 --> 01:01:37,760
» Uh just so I understand, are you
suggesting that we look to see if

619
01:01:35,359 --> 01:01:43,839
there's available funds from other
sources that could then be tapped to

620
01:01:39,680 --> 01:01:48,400
help um homeowners, property owners um
pay for that cost? Yeah, I think I think

621
01:01:46,799 --> 01:01:51,359
if we're going to present it that and
you said stated it very well. I'm

622
01:01:50,000 --> 01:01:54,640
stuttering here because I feel like I'm
lack of sleep too, but you stated it

623
01:01:53,119 --> 01:01:58,720
very well. I think there would be the
contingencies though. Um again, you

624
01:01:56,799 --> 01:02:01,520
know, were you a property owner that
bought during this time and this tree

625
01:02:00,160 --> 01:02:06,640
was planted and this is what's caused
the uplift in the concrete. I wouldn't

626
01:02:03,520 --> 01:02:10,400
want to see um resources just being
handed out. You know, say somebody

627
01:02:08,319 --> 01:02:14,559
poured a
RV pad and didn't follow it right and

628
01:02:12,640 --> 01:02:18,880
they damaged the concrete. That's not
something I think that, you know, we

629
01:02:16,400 --> 01:02:22,640
should use the funds for. But, uh,
again, there's I I'll use my neighbor

630
01:02:20,960 --> 01:02:26,319
for example. She had three of those
trees on her property and it was

631
01:02:24,240 --> 01:02:29,599
uplifting the concrete in those three
spots. She's on a fixed income. She

632
01:02:28,079 --> 01:02:34,640
can't afford to have a contractor come
in and repair that.

633
01:02:31,920 --> 01:02:38,240
So, I would be interested to see what
kind of funding ideas that you and the

634
01:02:36,720 --> 01:02:43,760
staff can come up with to look at some
of that remedy. Other than that, I'd

635
01:02:39,760 --> 01:02:47,520
like to see it just stay how it is.
Council member Kypers.

636
01:02:44,960 --> 01:02:52,880
» Thank you. Uh, so can I get
clarification? Was this a specific tree

637
01:02:50,400 --> 01:02:55,920
that was planted that is no longer being
planted?

638
01:02:54,400 --> 01:02:58,000
Okay.
Because

639
01:02:57,520 --> 01:03:01,680
» Mark,
>> thank you, Mark. Yes.

640
01:03:00,240 --> 01:03:04,839
» Sorry, you can't hear my head rattle.
That is

641
01:03:05,040 --> 01:03:13,359
» so because I mean obviously in all the
new subdivisions there's trees planted.

642
01:03:10,400 --> 01:03:17,119
Some of them are dying. You know,
there's expectation that they be

643
01:03:15,359 --> 01:03:21,760
rectified.
The HOA may or may not have any

644
01:03:19,760 --> 01:03:26,000
responsibility. You know, there's all
these different um situations. So, I was

645
01:03:24,559 --> 01:03:32,079
just trying to understand where that
was. I agree that if this was a specific

646
01:03:29,119 --> 01:03:39,359
tree planted that obviously was going to
be problematic and we've got people who

647
01:03:35,680 --> 01:03:45,119
can't afford to take that on um then
yes, if there's ways that we can provide

648
01:03:41,680 --> 01:03:49,599
any assistance um in general, I support
the process. I don't

649
01:03:48,000 --> 01:03:57,039
see any reason to change what we're
doing other than um I support um Council

650
01:03:53,599 --> 01:04:00,160
Member Mson's recommendation.
>> Thank you, Council Member Kypers. Deputy

651
01:03:59,039 --> 01:04:05,599
Mayor Bale.
>> Thank you, Mr. Mayor. Um and I just

652
01:04:02,640 --> 01:04:09,119
wanted to um offer some transparency for
public that's watching or those in the

653
01:04:07,200 --> 01:04:13,440
gallery. Um, and please correct me if
I'm wrong, Mark, but my understanding is

654
01:04:10,960 --> 01:04:18,319
that there was a specific tree that was
being planted and that there are collars

655
01:04:16,079 --> 01:04:22,720
that are put in the ground that help to
prevent the tree roots from spreading

656
01:04:20,640 --> 01:04:28,240
now. And so when we have trees that are
put in the ground, we don't have um the

657
01:04:25,599 --> 01:04:31,920
same issue currently. And so this was in
the past a specific type of tree that's

658
01:04:30,240 --> 01:04:36,640
no longer being used. So, the
neighborhoods that impacted that are

659
01:04:33,440 --> 01:04:39,599
impacted negatively by this um are few
and far between, but it's still

660
01:04:38,079 --> 01:04:44,400
something that council is concerned
about because we don't want people to be

661
01:04:41,760 --> 01:04:52,720
having to pay I mean tens of thousands
of dollars possibly to fix concrete. Um

662
01:04:49,280 --> 01:04:57,920
» yeah, so from the late 90s to I'd say
the late 2000s, there was a specific

663
01:04:55,520 --> 01:05:02,720
tree that was required. Um, and what
you're talking about is the root barrier

664
01:04:59,760 --> 01:05:06,480
that was not a requirement. So nowadays
we have a large list that was

665
01:05:04,640 --> 01:05:11,039
specifically designed by a landscape
architect that has expertise in this

666
01:05:08,880 --> 01:05:17,280
sort of thing. Um, so they selected
trees that are more specific to small

667
01:05:15,200 --> 01:05:20,480
planner strips like we have. Plus, we
require the root barrier. And it's not

668
01:05:19,280 --> 01:05:24,720
to say you're not going to have an
escaping route. You know, there are

669
01:05:22,000 --> 01:05:29,280
going to be one-offs. But um compared to
where it's almost every tree in the area

670
01:05:26,960 --> 01:05:33,039
that Brian's talking about, you know, it
it's going to be very far and few

671
01:05:31,359 --> 01:05:37,760
between.
And just a quick follow-up question, um

672
01:05:34,880 --> 01:05:43,760
I'm sure we do in our planning also have
code um or suggestions that state if

673
01:05:41,119 --> 01:05:47,039
those particular trees die that they're
replaced then with trees that that do

674
01:05:46,000 --> 01:05:50,319
conform.
>> Yeah. Any tree you replace, you have to

675
01:05:48,799 --> 01:05:54,240
replace with the current and you have to
do it to current standard. So you have

676
01:05:52,160 --> 01:05:57,960
to add the um root barrier.
>> Perfect. Thank you,

677
01:05:58,480 --> 01:06:02,039
» Council Member Ferrer.

678
01:06:08,880 --> 01:06:18,680
» No, the way the code is written is this
is in chapter

679
01:06:14,319 --> 01:06:18,680
3569 of RCW.

680
01:06:19,920 --> 01:06:26,160
It states uh whenever a portion not
longer than one block in length of any

681
01:06:23,760 --> 01:06:30,559
street in any city is not improved by
the construction of a sidewalk thereon

682
01:06:28,000 --> 01:06:36,480
or the sidewalk thereon has become unfit
or unsafe for purposes of public travel.

683
01:06:33,839 --> 01:06:40,400
Uh and the city council of such city by
resolution finds the improvement of such

684
01:06:38,000 --> 01:06:43,680
a portion of such street such street by
the construction or reconstruction of

685
01:06:41,760 --> 01:06:47,599
sidewalk is necessary for public safety
and convenience. The duty, burden,

686
01:06:46,160 --> 01:06:51,520
expense of constructing or
reconstructing such sidewalk shall

687
01:06:49,839 --> 01:06:57,119
devolve upon the property directly
abuing upon such portion as provided

688
01:06:54,799 --> 01:07:02,079
except as a couple of callouts. And one
of those call outs, council member

689
01:06:59,039 --> 01:07:06,799
Ferrer, is that a an abuing property
owner would not be charged with any cost

690
01:07:04,079 --> 01:07:11,680
of construction or reconstruction in
excess of 50% of the valuation of such

691
01:07:09,520 --> 01:07:16,000
abuing property exclusive of the
improvements thereon. according to the

692
01:07:14,079 --> 01:07:19,680
valuation last placed upon it for the
purposes of general taxation. So what

693
01:07:17,520 --> 01:07:23,520
that means I read that and if I read
this wrong Hillary correct me if a

694
01:07:21,760 --> 01:07:28,000
property not the building the location
there on but the property itself is

695
01:07:24,960 --> 01:07:33,559
asset say $10,000 the maximum amount
that could be assessed to the property

696
01:07:29,280 --> 01:07:33,559
owner will be half of that $5,000.

697
01:07:34,079 --> 01:07:39,440
So that's the property alone, not the
building, the

698
01:07:38,000 --> 01:07:41,760
» the dirt essentially, not the
constructions of of the improvements

699
01:07:40,960 --> 01:07:46,079
there on,
>> which is a lot better than I heard it in

700
01:07:44,160 --> 01:07:48,319
the beginning. I'm like, well, $500,000
house, you get

701
01:07:46,880 --> 01:07:53,039
» Yeah. typically if you have a house like
that, $500,000, the dirt itself might be

702
01:07:50,400 --> 01:07:58,240
only worth $100,000. And the followup to
that is it was the new language that we

703
01:07:56,319 --> 01:08:03,359
had discussed as council where we
addressed those concerns prior to what

704
01:08:01,280 --> 01:08:08,319
everybody's mentioned to this evening on
the dis is that there was leans on the

705
01:08:05,920 --> 01:08:11,839
property that you could do but with the
language as it is written now is can you

706
01:08:11,200 --> 01:08:15,200
still
>> that can still happen. What'll happen is

707
01:08:13,599 --> 01:08:19,920
if the city were to send out a notice to
a property owner and the property owner

708
01:08:17,359 --> 01:08:23,520
for whatever reason um decided they
didn't want to improve, they didn't want

709
01:08:21,440 --> 01:08:27,279
to reconstruct the sidewalk, then the
city could go in on its own dime and it

710
01:08:25,600 --> 01:08:30,719
could do the improvements and the cost
related to that would be structured as a

711
01:08:29,199 --> 01:08:34,239
lean, which would be on the property.
And so the city would not recoup those

712
01:08:32,319 --> 01:08:36,960
costs until the property change hands at
some point in the future,

713
01:08:35,600 --> 01:08:42,319
» right, when they decide to
>> and and it would be a lean far down on

714
01:08:39,679 --> 01:08:46,719
the totem pole of leans, so to speak.
And so it's it's a mechanism. It's a

715
01:08:44,880 --> 01:08:49,600
tool that the city could use to recoup
its cost, but it doesn't guarantee that

716
01:08:48,319 --> 01:08:50,719
you're actually gonna see money at the
end of the day.

717
01:08:50,159 --> 01:08:56,480
» Okay.
>> I will point out that for the city to

718
01:08:52,880 --> 01:08:58,400
repair a sidewalk is far more cost than
it is for a homeowner to have a

719
01:08:57,920 --> 01:09:02,719
contractor
>> typically. Yes.

720
01:09:00,640 --> 01:09:08,960
» Um [clears throat] couple questions I
have. I've waited nice and patiently

721
01:09:05,040 --> 01:09:13,279
because um Mark uh you might know this.
You had mentioned the late 90s to the

722
01:09:10,799 --> 01:09:18,159
late 2000s is when those types of trees
were put in without the root barrier. Do

723
01:09:15,600 --> 01:09:24,080
you know the date when the code was
changed to add root barrier?

724
01:09:21,120 --> 01:09:28,319
Is it somewhere around the late 2000s?
I think it was after that, but we had

725
01:09:26,159 --> 01:09:32,159
the stretch where we had the economy
tank. So, while it wasn't a standard,

726
01:09:30,640 --> 01:09:34,640
there wasn't anything getting built
either. So, um

727
01:09:34,000 --> 01:09:37,520
» that makes sense.
>> I could find out the date. I don't have

728
01:09:36,159 --> 01:09:44,480
it off the top of my head.
>> Okay, very good. Um, couple spitball

729
01:09:40,480 --> 01:09:49,440
ideas I have here. Um, and I I'm asking
this out loud even though I probably

730
01:09:46,239 --> 01:09:54,960
already know the answer. um for like our
downtown revitalization, we're offering

731
01:09:51,679 --> 01:09:58,560
a certain amount of money towards uh new
facade

732
01:09:56,640 --> 01:10:03,600
um in conjunction with a business owner
that wants to repair that facade, but

733
01:10:01,679 --> 01:10:08,480
there's quite a bit of paperwork that is
involved and they have to use um certain

734
01:10:06,560 --> 01:10:12,239
type of contractor
uh

735
01:10:10,080 --> 01:10:17,440
prevailing wage contractor so that it
falls under the city's guideline of use

736
01:10:14,159 --> 01:10:22,880
of a contractor. Correct. Um, I'm
wondering if we might be able to offer

737
01:10:19,040 --> 01:10:28,960
something to uh property owners in the
same way that if they have a sidewalk

738
01:10:26,320 --> 01:10:35,679
repair that is needing to be done and it
falls within the late 90s to late 2000s

739
01:10:32,880 --> 01:10:41,600
when these types of trees were put in.
Could we offer that as a as some kind of

740
01:10:38,400 --> 01:10:45,679
fund to help fund that repair or what
you think? potentially you could

741
01:10:43,440 --> 01:10:50,880
organize a program. You're able to help
the poor and the infirm and so if they

742
01:10:48,239 --> 01:10:54,640
met certain income thresholds that would
classify them under that. There is the

743
01:10:53,280 --> 01:10:58,320
potential that we could do something
like that. I know that there are other

744
01:10:56,640 --> 01:11:02,719
programs amongst the state and even
other states that do have programs about

745
01:11:00,560 --> 01:11:06,880
sidewalks because this isn't this isn't
just a battleground issue. It's a very

746
01:11:04,480 --> 01:11:10,719
prevalent issue across. So we can look
and see what those programs look like

747
01:11:08,480 --> 01:11:15,360
and come back with some options. But
that would be one just off my head that

748
01:11:12,800 --> 01:11:20,400
you could do easily. It does caveat it
though that $1 makes any project a

749
01:11:17,840 --> 01:11:25,280
public dollar. So it would fall with all
of the same rules as if we were doing

750
01:11:22,400 --> 01:11:28,320
it, which brings in the prevailing wage
and so forth. And don't think you'd have

751
01:11:26,800 --> 01:11:32,800
to go out to bid because it'd be under
our threshold, but you would still have

752
01:11:30,239 --> 01:11:37,199
to do prevailing wage. I mean, I I think
I would be curious in seeing what that

753
01:11:34,640 --> 01:11:41,520
would look like as far as a a program
for residents that fall under a a

754
01:11:40,000 --> 01:11:46,640
certain threshold [clears throat]
economically.

755
01:11:43,120 --> 01:11:51,199
Um, and what that would look like as far
as a program. I do understand that, you

756
01:11:49,760 --> 01:11:56,480
know, if if they're meeting a certain
criteria that maybe there would be a

757
01:11:53,679 --> 01:12:00,400
certain amount of funds or uh some kind
of sponsorship program like that. uh

758
01:11:58,560 --> 01:12:06,320
potentially I think that could be really
beneficial.

759
01:12:02,159 --> 01:12:10,080
Um Council Member Mson,
>> uh Mayor, I just wanted to show some

760
01:12:08,320 --> 01:12:13,120
support to your thought process on that.
I just want to make sure that there's

761
01:12:11,440 --> 01:12:17,520
not going to be any perceivance of
gifting of public funds. But I would

762
01:12:14,880 --> 01:12:23,840
like to see if after we work through
budget this year and if you know Megan

763
01:12:22,080 --> 01:12:30,159
does a fantastic job as she always does
and we find some couch cushion money um

764
01:12:26,880 --> 01:12:34,880
that especially for the low income
for the lowincome fixed income families.

765
01:12:33,120 --> 01:12:38,480
Uh I'm looking at Google Street Maps
right now because I can just think of a

766
01:12:36,080 --> 01:12:42,560
dozen of them that I'm you know where I
know there's damage. I I would support

767
01:12:40,239 --> 01:12:48,480
something like that.
Um maybe even so much as to go on

768
01:12:45,600 --> 01:12:51,600
incomebased as well if you know somebody
has maybe a little more means they can

769
01:12:50,000 --> 01:12:56,080
at least get a reduced rate if they're
interested in fixing it.

770
01:12:53,679 --> 01:13:00,640
» Agreed.
All right. Well, we've uh got some staff

771
01:12:59,040 --> 01:13:04,400
direction, I believe. Is there anybody
else that'd like to comment on this?

772
01:13:02,560 --> 01:13:07,760
» If if I may, just to confirm what I've
heard. What I've heard is keep the

773
01:13:05,840 --> 01:13:13,520
program as it is, but come back with
potential options, programs that could

774
01:13:10,159 --> 01:13:18,000
help help people who to reduce their
cost. Do I hear that correctly?

775
01:13:16,400 --> 01:13:22,960
» Yeah, that's that's one of the two
options.

776
01:13:18,560 --> 01:13:26,719
» Okay. Yeah. Whether it be a I think just
to paraphrase, and not to put words in

777
01:13:24,960 --> 01:13:31,920
your mouth, uh, Council Member Mson was
looking for outside grant funding, um,

778
01:13:29,920 --> 01:13:37,199
state or federal or something. Uh, that
would be a grant funding opportunity.

779
01:13:33,679 --> 01:13:40,159
I'm more talking about a a city program
that would help fund that as well.

780
01:13:38,800 --> 01:13:43,199
» Very well. Thank you.
>> Thank you.

781
01:13:41,920 --> 01:13:49,440
All right. I feel like we've wrapped
that up nicely. We will move on to the

782
01:13:45,760 --> 01:13:53,840
Gordy Jolma Family Natural Area. Uh and
I'd like to introduce public works

783
01:13:51,040 --> 01:14:00,440
director Mark Hersig again.
>> Thank you, council. Give me one second.

784
01:13:55,600 --> 01:14:00,440
I can quick presentation to share.

785
01:14:21,120 --> 01:14:29,199
All right, I'm just going to quickly
talk about the uh Gordy Jolma family

786
01:14:25,360 --> 01:14:35,199
natural area access easement. Um so I'll
give an introduction um talk about where

787
01:14:31,760 --> 01:14:41,199
we're talking about um what the county's
specific request is um to a conclusion

788
01:14:38,320 --> 01:14:45,679
and then some time for questions. Um, so
I'm sure you're all familiar with, but

789
01:14:42,960 --> 01:14:50,960
the county purchased the former Cedars
Golf Course. Um, they're working on a

790
01:14:48,480 --> 01:14:55,971
master plan for it. Um, essentially
it'll be a natural area with a bunch of

791
01:14:53,280 --> 01:15:00,320
walking trails. Um, the creek
[clears throat] will get kind of put

792
01:14:57,679 --> 01:15:05,199
back to its natural state. Uh, so a lot
of those ponds that were built with the

793
01:15:01,760 --> 01:15:12,080
golf course will go away. Um, and so
that's kind of their overall plan. Um

794
01:15:09,520 --> 01:15:17,040
they're specifically uh talking to us
about an access through the Cedars

795
01:15:14,320 --> 01:15:21,360
Landing subdivision. Um so that lies
just north of the old golf course. Um

796
01:15:19,920 --> 01:15:24,880
and then you can see in the picture
there, there's a little star. Um the

797
01:15:23,360 --> 01:15:29,679
city actually owns a storm water
facility there and that's what we'll be

798
01:15:26,640 --> 01:15:33,199
talking about. Um so the county's
request, they're requesting an access

799
01:15:31,600 --> 01:15:39,120
easement through city storm water
facility. You can see that um the parcel

800
01:15:36,480 --> 01:15:44,159
we own is in blue and then the area that
they're uh talking about is highlighted

801
01:15:41,360 --> 01:15:48,000
in black. Um so it would just be along
the path area of the storm water

802
01:15:46,080 --> 01:15:52,800
facility. It wouldn't actually be the
storm water facility piece. Um

803
01:15:51,040 --> 01:15:57,920
essentially the easements over areas
that have already been paved and these

804
01:15:55,040 --> 01:16:02,080
areas are already uh used as pedestrian
pathways. So, there's a trail system

805
01:15:59,840 --> 01:16:07,920
through that subdivision. Um, and they
would just be using a portion of that.

806
01:16:05,679 --> 01:16:13,440
Uh, so in conclusion, the county needs
an easement from us to provide access to

807
01:16:10,320 --> 01:16:18,000
the Gordy Jolma area. Um, the area
they're asking for is already used for

808
01:16:15,280 --> 01:16:22,800
pathways. Uh, and the county has made an
offer to us for that easement. We'll

809
01:16:20,000 --> 01:16:26,800
discuss that in executive session, but
any non-cost related questions I want to

810
01:16:25,360 --> 01:16:30,880
make sure we talk about in an open
meeting. So, if you have any questions

811
01:16:28,560 --> 01:16:35,280
related to that, um, feel free to ask
them. Now,

812
01:16:33,679 --> 01:16:38,320
» really, it just boils down to it's just
I'm providing access for that

813
01:16:36,719 --> 01:16:41,320
neighborhood to get into there.
>> Correct.

814
01:16:44,000 --> 01:16:50,719
Not seeing anyone queue in. I uh I just
have one question. Do you foresee any

815
01:16:49,040 --> 01:16:54,880
adverse effects to our storm water
facility by the work the county is

816
01:16:52,320 --> 01:16:59,679
proposing to do? No. As far as I know,
they're generally just going to use

817
01:16:56,320 --> 01:17:03,600
what's there. Um, I have not had Hillary
review the easement yet, but I will have

818
01:17:01,920 --> 01:17:08,320
that done assuming we want to move
forward and uh make sure there's no

819
01:17:06,000 --> 01:17:11,320
impact to our access to the storm water
facility.

820
01:17:11,440 --> 01:17:15,719
» All right. Thank you, Mark.

821
01:17:16,719 --> 01:17:24,640
» All right. Moving on. We have ordinance
number 2026-18

822
01:17:22,400 --> 01:17:28,159
municipal code amendments and I would
like to introduce finance and

823
01:17:26,239 --> 01:17:31,199
information services director Megan
Lowry.

824
01:17:29,120 --> 01:17:34,960
» Good evening council. Before you you
have the opportunity to consider the

825
01:17:32,719 --> 01:17:40,080
ordinance 2026-18
which would modify chapter 3.04 of our

826
01:17:37,840 --> 01:17:44,800
municipal code. We had originally
established the economic stabilization

827
01:17:42,080 --> 01:17:50,080
fund and insurance fund back when we
were in a recession and we wanted a

828
01:17:47,199 --> 01:17:54,159
separate fund for savings ultimately.
And while we're still being fiscally

829
01:17:52,000 --> 01:17:58,000
prudent, it does create additional
administrative burden and financial

830
01:17:55,840 --> 01:18:02,080
presentation issues. So, we are
requesting to remove those two funds and

831
01:18:00,239 --> 01:18:06,560
fold those funds back into the general
fund, which then would just go towards

832
01:18:03,840 --> 01:18:09,520
our general fund reserve. So, at this
time, staff is requesting we set a

833
01:18:08,239 --> 01:18:12,520
public hearing for those code
modifications.

834
01:18:13,360 --> 01:18:21,159
» Very good. Um, I would ask that Liz read
the ordinance title, please.

835
01:18:22,400 --> 01:18:29,920
» Ordinance number 2026-18,
an ordinance of the city of

836
01:18:27,520 --> 01:18:34,960
Battleground, Washington, repealing
Battleground Municipal Code 3.04.010

837
01:18:33,440 --> 01:18:41,800
010
Insurance Reserve Fund, repealing

838
01:18:37,199 --> 01:18:41,800
Battleground Municipal Code 3.04.050,

839
01:18:42,159 --> 01:18:52,600
economic stability fund, directing a
fund balance transfer, and providing for

840
01:18:47,600 --> 01:18:52,600
severability and an effective date.

841
01:18:53,120 --> 01:19:01,440
» Thank you, clerk. Um, all right, we have
comment period discussion. I have uh

842
01:18:59,360 --> 01:19:05,360
Council Member Mson.
>> Thank you, Mayor. Um Megan, I don't want

843
01:19:03,600 --> 01:19:11,040
to speak on your behalf. I'm excited to
see this before us. Um but you can maybe

844
01:19:08,080 --> 01:19:16,080
share enlighten us that by removing this
fund, it takes that constraint and

845
01:19:12,800 --> 01:19:19,280
increases our reserve fund from
I don't have the numbers in my head

846
01:19:17,440 --> 01:19:21,600
right now. It increases it by what
percentage again

847
01:19:20,880 --> 01:19:26,400
» roughly?
>> So what we currently have for our

848
01:19:24,239 --> 01:19:31,520
resolution related to the general fund
reserve is 90 days. I believe we have

849
01:19:29,600 --> 01:19:37,679
had a request moving forward to have
more of a target of 120 days. So going

850
01:19:33,679 --> 01:19:41,280
from 25% to 33% ultimately reserve
because again an economic downturn you

851
01:19:40,080 --> 01:19:44,880
want to make sure you have sufficient
funds to maintain operations. So this

852
01:19:43,120 --> 01:19:49,920
just assists with that and maintaining
that target. So there'll be a follow-up

853
01:19:46,880 --> 01:19:55,280
resolution that council can consider of
adding the 120 days instead of the 90

854
01:19:53,040 --> 01:20:00,880
days as an optimal target for our
general fund reserve.

855
01:19:57,679 --> 01:20:07,920
Okay. Thank you. So, mayor, um just kind
of a little bit on this, when we had our

856
01:20:04,080 --> 01:20:12,239
last big economic downturn, we um we
didn't have enough reserves and

857
01:20:09,920 --> 01:20:16,640
unfortunately there we lost some great
staff members due to it. Megan, thank

858
01:20:14,640 --> 01:20:22,960
you for doing this. This is a pretty big
deal, I think. Um, this this protects

859
01:20:21,040 --> 01:20:28,719
our staff in a way that it keeps the
city moving fluidly in the event of any

860
01:20:26,560 --> 01:20:33,280
the next economic downturn. I think it's
very responsible of this council to have

861
01:20:31,360 --> 01:20:38,320
those reserves set in place so that we
can act accordingly when the time comes.

862
01:20:36,239 --> 01:20:42,159
Thank you.
>> Thank you, Megan. Thank you, Council

863
01:20:40,080 --> 01:20:47,920
Member Mson. Any further discussion on
this? I'll just say I'm a big fan of

864
01:20:45,280 --> 01:20:53,360
Dave Ramsey and an emergency fund is
huge and uh speaking from a city

865
01:20:50,239 --> 01:20:57,520
standpoint, 120 days is something we can
aspire to, but 90 days is great, but

866
01:20:55,360 --> 01:21:01,840
it's good to see the constraints come
off of these funds and the

867
01:20:59,440 --> 01:21:06,880
administrative uh tasks that are
involved with it. So, um I will call for

868
01:21:05,760 --> 01:21:12,800
a motion.
>> All right, mayor. I'll move to set a

869
01:21:10,080 --> 01:21:19,280
public hearing for the next regular city
council meeting of well not this October

870
01:21:15,920 --> 01:21:25,719
5th. Yeah. And um October 5th regular
city council meeting to um regarding

871
01:21:22,000 --> 01:21:25,719
ordinance number 2026-18.

872
01:21:26,239 --> 01:21:28,480
» Yeah.
>> 18.

873
01:21:28,080 --> 01:21:31,440
» 18.
>> Yeah. I said 18, did I not? 18.

874
01:21:30,880 --> 01:21:37,400
» My bad.
>> I was going to keep going. Sorry. No,

875
01:21:33,360 --> 01:21:37,400
you go ahead. I'm reading down.

876
01:21:40,480 --> 01:21:47,600
Okay,
we have a motion and we have a second.

877
01:21:45,679 --> 01:21:51,120
Uh, all those in favor?
>> I.

878
01:21:48,560 --> 01:21:59,760
» Any opposed?
Hearing none. Motion passes unanimously.

879
01:21:55,040 --> 01:22:05,120
Now we'll move on to ordinance 2026-9,
municipal code amendments.

880
01:22:02,400 --> 01:22:08,719
Uh, and I'd like to introduce again
Megan Lowry.

881
01:22:06,719 --> 01:22:13,920
» Thank you. So, this code amendment is
related to the adjustment of utility

882
01:22:10,880 --> 01:22:18,960
bills in chapter 13.05100.
What this does is it modifies the

883
01:22:15,920 --> 01:22:24,400
language a little bit to remove the city
manager ultimate signing authority on

884
01:22:22,320 --> 01:22:27,760
any sort of utility bill adjustments,
giving that to the finance director. So,

885
01:22:26,000 --> 01:22:31,520
correcting that language as well as
clarifying some language in our actual

886
01:22:29,840 --> 01:22:36,320
adjustment. It was written very
specifically which has caused

887
01:22:34,719 --> 01:22:40,880
some concerns with the auditor related
to interpretation of what the original

888
01:22:38,000 --> 01:22:46,400
intent was of the leak adjustment. So
this brings it forward to put the onus

889
01:22:44,400 --> 01:22:53,679
on the finance director for that and
give some ability of working through

890
01:22:49,920 --> 01:22:58,960
that with residents.
So with that, we would ask for a hearing

891
01:22:56,800 --> 01:23:04,199
to be set
for October 5th.

892
01:23:04,960 --> 01:23:11,400
» Very good. Thank you, Megan.
>> Any discussion on this?

893
01:23:11,440 --> 01:23:18,800
I think anything that gets us less
scrutiny from the auditors is a good

894
01:23:16,560 --> 01:23:23,840
thing and and makes it easier for people
to get some relief on their utility

895
01:23:21,360 --> 01:23:29,360
bills if say their water man is leaking
and they find it the hard way when you

896
01:23:25,440 --> 01:23:33,360
get the bill. So, um
clerk, could you read the ordinance

897
01:23:30,960 --> 01:23:39,600
title, please?
Ordinance number 2026-9,

898
01:23:36,960 --> 01:23:44,800
an ordinance ordinance of the city of
Battleground, Washington, amending

899
01:23:41,840 --> 01:23:47,800
Battleground Municipal Code section
13-05-10

900
01:23:48,000 --> 01:23:54,000
0
adjustment of utility bills and

901
01:23:51,840 --> 01:23:58,080
providing for severability and an
effective date.

902
01:23:56,080 --> 01:24:04,560
» Thank you, Liz.
And I will uh entertain a motion. I'll

903
01:24:02,320 --> 01:24:08,639
move to
set the public hearing for October 5th,

904
01:24:06,960 --> 01:24:16,000
2026
to amend ordinance number 2026-9

905
01:24:12,080 --> 01:24:19,040
municipal code amendments.
>> Second.

906
01:24:17,120 --> 01:24:24,719
» All right, we have a motion and we have
a second by Deputy Mayor Vale. Any

907
01:24:22,719 --> 01:24:28,239
discussion?
>> Hearing none. Call for the vote. All

908
01:24:26,719 --> 01:24:31,280
those in favor?
>> I.

909
01:24:29,120 --> 01:24:36,080
» Any opposed?
Hearing none.

910
01:24:33,520 --> 01:24:39,840
Motion passes. All right. On to
administrative reports. Are there any

911
01:24:37,840 --> 01:24:44,560
administrative reports from staff this
evening? Thank you, Mr. Mayor. Just very

912
01:24:41,920 --> 01:24:49,440
quickly, uh last Tuesday we had our
first session of BGU, Battleground

913
01:24:46,560 --> 01:24:54,080
University. This is the fourth year that
we've done this program here in

914
01:24:50,639 --> 01:24:59,199
Battleground. Um it's a full class. We
have 25 students that are part of the

915
01:24:55,760 --> 01:25:02,560
class. Um, and it provides um, our
residents uh, an opportunity to learn a

916
01:25:01,120 --> 01:25:05,679
little more about the ins and outs of
municipal governance. The way you

917
01:25:04,639 --> 01:25:08,800
describe it is everything you want to
know about government, but we're afraid

918
01:25:06,880 --> 01:25:14,719
to ask, taking some of the mystery out
of city hall. And so, uh, we will have

919
01:25:11,920 --> 01:25:19,600
classes roughly, uh, every two weeks,
uh, during off councsil weeks. So, our

920
01:25:17,120 --> 01:25:24,400
next class will be next week. Uh, we'll
be here in city hall. Um, and we'll talk

921
01:25:22,719 --> 01:25:28,719
about finance and then after that'll be
public works and then community

922
01:25:26,159 --> 01:25:33,520
development and our last class that'll
get us into October towards the end of

923
01:25:31,120 --> 01:25:38,080
October and that'll be over at uh PD and
it'll be public safety. And so we'll

924
01:25:35,840 --> 01:25:42,560
have uh an opportunity for our students
to see um all the ins and outs of the

925
01:25:40,960 --> 01:25:45,360
police department, maybe get tased while
they're at it if they're

926
01:25:43,760 --> 01:25:49,600
» there's interested in that in that kind
of thing. Uh, and then our first meeting

927
01:25:47,920 --> 01:25:54,239
here in no in November, as long as
you've attended four out of the five

928
01:25:51,440 --> 01:25:57,120
classes, you graduate. And so I
encourage all of our students, and

929
01:25:55,520 --> 01:26:01,040
there's at least one student I see in
the audience right now who happens to be

930
01:25:58,719 --> 01:26:05,120
one of my neighbors. Uh, and there's a
former student I'm looking at right now

931
01:26:02,639 --> 01:26:10,960
who is a BGU grad. There's two two BGU
grads. I believe there's a BGU grad on

932
01:26:07,679 --> 01:26:15,120
the Diet than the Deas, as I recall. So,
uh, it's it's pretty cool. And so, um,

933
01:26:14,000 --> 01:26:19,679
if you'd like to come out and take a
look and and and visit a class, you're

934
01:26:17,760 --> 01:26:25,600
more than welcome to. That concludes our
report. Thank you.

935
01:26:21,840 --> 01:26:30,080
» Love it. BTU is awesome.
Big fan. All right,

936
01:26:28,639 --> 01:26:32,800
we will move on to council
communications.

937
01:26:31,679 --> 01:26:37,679
Are there any council member
communications this evening?

938
01:26:35,199 --> 01:26:41,920
Council member Mson, you are up.
>> All right. So, this is something I can

939
01:26:39,920 --> 01:26:47,760
speak near and dear to my heart to. I'd
like to congratulate Natalie Worthy in

940
01:26:44,880 --> 01:26:52,480
her appearance at Miss America.
Um, she represented our state well. She

941
01:26:50,400 --> 01:26:57,360
represented our county well, and she
represented Battleground well. Um, I

942
01:26:55,360 --> 01:27:02,320
would also like to note her director,
Sherry, uh, is fantastic at helping

943
01:27:00,480 --> 01:27:07,920
young women succeed in this program.
Sherry's, uh, legacy is pretty robust

944
01:27:05,360 --> 01:27:11,280
when it comes to Clark County and
specifically Battleground. Again, I

945
01:27:09,600 --> 01:27:17,199
would know. Uh, so I just want to
congratulate Natalie and Sherry on their

946
01:27:14,000 --> 01:27:20,520
appearance this last weekend.
Very good.

947
01:27:21,199 --> 01:27:29,199
Not seeing any additional
communications. I will just throw one

948
01:27:25,600 --> 01:27:35,520
out there. Uh it's a little preliminary,
maybe a a cart before the horse, but

949
01:27:32,080 --> 01:27:42,320
congrats to Battleground PD uh for 100%
compliance with the A or WPC's

950
01:27:40,000 --> 01:27:48,480
reacreditation process. I know they're
still not quite through the gates yet,

951
01:27:44,880 --> 01:27:54,639
but uh 100% compliance after they went
through all of our process, procedures,

952
01:27:51,040 --> 01:27:59,760
interviewed our officers. Um and I'm
pretty sure they're thorough and uh just

953
01:27:57,520 --> 01:28:04,760
congratulations to the entire PD and
everything they're doing down there. Job

954
01:28:01,440 --> 01:28:04,760
well done.

955
01:28:05,760 --> 01:28:13,000
All right.
Now I will announce that pursuant to

956
01:28:10,000 --> 01:28:13,000
RCW42.30.1101B,

957
01:28:16,320 --> 01:28:22,800
the city council will enter an executive
session to consider the selection of a

958
01:28:20,320 --> 01:28:27,120
site or the acquisition of real estate
by lease or purchase when public

959
01:28:25,040 --> 01:28:30,400
knowledge regarding such consideration
would cause a likelihood of price

960
01:28:29,040 --> 01:28:37,080
increase.
The session will last 10 minutes

961
01:28:33,280 --> 01:28:37,080
commencing at 8:20

962
01:28:38,320 --> 01:28:46,000
to end at 8:30
with no action to follow. After the

963
01:28:44,639 --> 01:28:49,960
executive session, we'll call the
regular meeting back to order.

964
01:41:36,000 --> 01:41:42,800
Thanks, sir. Hut.
>> Thank you, clerk.

965
01:41:40,480 --> 01:41:49,679
Uh, the next regular city council
meeting will be held on Monday,

966
01:41:44,560 --> 01:41:56,239
September 21st, 2026 at 7 p.m. No study
session is currently scheduled.

967
01:41:53,119 --> 01:41:59,840
» And I would like to adjourn at 8:30.
>> Uh, Mayor Overholder, I believe. No, we

968
01:41:58,719 --> 01:42:01,520
already did both.
>> Oh,

969
01:42:01,040 --> 01:42:04,000
» yeah.
>> We asked Hillary. She said it was okay

970
01:42:03,119 --> 01:42:06,480
to do it.
>> Thank you, Mr. Mayor.

971
01:42:05,600 --> 01:42:09,880
» Thank you.
>> And we're adjourned.