Name: City Council Regular Meeting
Uploaded: 2026-09-08T00:00:00Z
Duration: 1 h 47 min 5 s
Description: And so when flock is utilized out in the county to help support investigating a crime, although our guys might have supported that call or whatever it was, we can't necessarily track the camera use.

[0:02] There we are on the record. Good evening, ladies and gentlemen. It is Tuesday, September

[0:07] the 8th, 2026, 6 p.m. calling this meeting to order. Please stand for the pledge.

[0:19] The pledge is to the flag of the United States of America and to the Republic for which it

[0:26] stands, one nation under God, indivisible with liberty and justice for all.

[0:37] Thank you

[0:41] for joining us ladies and gentlemen clerk Jackie can you do roll call please council member Mercer, your council member Jenkins, your council member Cortes, council member Sanchez, your council member Lucano, your council member Beckin, council member Kellogg,

[1:00] All.

[1:10] City administrator. Shaw here.

[1:17] I got scared. Okay. City attorney. Good one.

[1:22] Yeah. Building official. All's very here.

[1:26] Finance director. Yoast here. Police Chief Marcus.

[1:30] Public Works director groom here.

[1:34] Public Works assistant director Coleman here.

[1:38] Mayor. We're all here.

[1:40] Thank you, Jackie. Council, I'm seeking a motion to approve the agenda.

[1:47] If you approve the agenda.

[1:49] Second.

[1:51] Second.

[1:52] To approve the agenda. All those in favor signify by saying aye.

[1:56] Aye.

[1:57] Opposed, same sign. Thank you.

[2:01] We do not listen to participation.

[2:08] we're moving on to item number six, Mayor and City Council reports, and I may we start with you.

[2:15] Anything?

[2:16] Okay.

[2:17] Cap.

[2:17] Good night, thank you.

[2:19] Steve.

[2:21] That says I kind of disappointed in our parade.

[2:24] It seemed like I'm short.

[2:26] Can you pull your microphone down?

[2:28] Maybe I don't want you to hear me.

[2:30] Well, I would love to hear you, sir.

[2:33] a little disappointed in our parade. It seemed like it was awful short and if we hadn't had

[2:38] 20 plus fire trucks in there, they would have been a real short parade. Also, where were the

[2:45] pooper scoopers?

[2:48] Still there. Road is being cleaned up by the chamber we are told today and tomorrow.

[2:55] It's all been squished into the road by now.

[2:59] That's all I had.

[3:00] Okay.

[3:01] Thank you.

[3:03] Really?

[3:05] Well, I enjoyed the parade short though it was, and there was a lot of fire trucks and

[3:10] the sound really hurt people's ears.

[3:13] I can't imagine wearing hearing aids and having those.

[3:16] Anyway, it was a nice parade, and I was glad to see some of us in the parade, Mr. Jenkins.

[3:23] Anyway, that's all.

[3:26] I just wanted to extend my thanks to Rachel and Marty.

[3:31] There was a grant opportunity that came up through the Mid-Columbia Forestry Council

[3:35] to cover the full cost of removal of mature tree and need of removal.

[3:43] And they additionally will offer the replanting of up to three trees to replace that mature

[3:52] So Rachel and Marty moved on identifying a candidate tree very, very quickly and submitting

[3:58] the information for it.

[4:00] It was a very time sensitive grant.

[4:02] I think everything needs to be in by this Friday.

[4:04] But it looks like it's going to happen.

[4:06] I just spoke with them this afternoon.

[4:08] And it looks like everything is good to go.

[4:12] So thank you for moving on that so quickly.

[4:14] And I think it will result in five figures of savings for the city.

[4:21] Thank you. Thank you, Marissa. And Marty and Rachel? No, nothing. I don't have anything for

[4:30] this evening either. So let's move on to item number. Well, actually we do have two proclamations.

[4:41] You and we have two guests here to receive that. We do have two guests and we're going to start with

[4:48] Debbie and fetal alcohol spectrum disorder awareness month, and Rachel just to let you know, Debbie and I already did the photo opportunity with Jackie.

[5:00] Okay.

[5:01] And our proclamation reads, as such, whereas fetal alcohol spectrum diseases, F-A-S-D affect as many as one in 20 school aged children in the United States,

[5:17] can lead to lifelong challenges in communication, cognitive growth, and daily functioning, and

[5:24] whereas FAST is a preventable condition caused by prenatal alcohol exposure, yet thousands of

[5:33] individuals and families live with its effects every day and deserve access to reliable information,

[5:40] compassion, compassionate support, appropriate services, and understanding within our communities

[5:46] and whereas with FASD may experience individuals with FASD may experience mental health, emotional

[5:57] regulation, sensory processing and other brain-based challenges making compassionate individual, individualized

[6:05] support essential and whereas behaviors can communicate unmet needs or reflect brain-based

[6:13] differences, emphasizing understanding accommodation and support rather than judgment or stigma

[6:19] and whereas early identification, coordinated medical, mental health, educational and community

[6:27] Community sports can improve outcomes and help individuals with FASD thrive and, whereas,

[6:35] expanding research community education and cross-agency collaboration is essential to improving

[6:42] prevention efforts, strengthening advocacy, reducing stigma, and ensuring individuals

[6:48] with FASD can thrive throughout their lifespan with dignity and opportunity.

[6:54] Now, therefore be it resolved that I, Gary V. Garmaire of the City of Brasger, Washington

[7:00] and the City Council do hereby proclaim September 26th to be fetal alcohol spectrum disorder

[7:08] awareness month and September 9th, 2026 as FASD Awareness Day and encourage our community

[7:19] to promote awareness, prevention, understanding, inclusion, and compassionate support for

[7:26] individuals and families affected by FASD.

[7:37] I just wanted to say a few words about FASD that many of you may not know.

[7:43] It is the largest developmental disability in the world.

[7:46] One in seven pregnancies is affected by alcohol.

[7:52] The stats on that proclamation are actually inaccurate.

[7:55] Now, they've been updated to one in 14 people are affected by an FASD, so we all know

[8:01] somebody that has FASD.

[8:04] And I wanted to share just thank you.

[8:08] This comes with a trigger warning because it ties into suicide and mental health issues

[8:13] as well.

[8:14] And I have my sense permission to share this.

[8:17] So a big trigger warning here.

[8:18] My son Wyatt, who I adopted when he was four months old, is a single man living with an FSD.

[8:27] His birth mother drank only four drinks before she knew she was pregnant, yet he is highly affected.

[8:33] He lives in poverty, his vulnerable through to his brain differences,

[8:37] and was sexually assaulted because someone lured him away from his employment on his break from his job

[8:42] up as he shared his sports card collection on social media group and he's very trusting.

[8:50] The following day started a downward mental health cycle of suicide attempts and virtually

[8:54] no supporter help from anyone.

[8:56] He recently spent six weeks in Sacred Heart Hospital Psych overflow ward which was a whole

[9:01] other horror in itself.

[9:03] He desperately wants to heal and have a part-time job again either working with dogs, he's

[9:07] a skilled dog handler or in another grocery store he used to work at Yokes in Kenwak as

[9:12] he loves to help people and give them one of them his contagious smiles.

[9:19] And that's just a nugget of one of millions of people all across the world.

[9:23] There's 18 million in the U.S. alone with an FSD but only about 1% of those are diagnosed

[9:29] because of misinformation, stigma, etc.

[9:33] So thank you everybody.

[9:34] It's good to see Debbie. Best wishes to Wyatt and thank you.

[9:43] Have another

[9:44] Proclamation. And this is regarding National Suicide Prevention Awareness Month.

[9:50] And the Proclamation reads as such.

[9:53] Whereas September is National Suicide Prevention Awareness Month.

[9:59] And whereas the World Health Organization states that suicide is a serious public health problem.

[10:05] However, suicides are preventable with timely evidence based and often low-cost interventions,

[10:14] and whereas information on suicide prevention and treatment are especially important given

[10:20] the challenging times we are living in, which according to the Center of Disease Control

[10:26] has led to an increase in mental illnesses, including anxiety and depression and individuals,

[10:33] and whereas everyone should have access to high-quality intervention mental health services and

[10:40] treatments in hopes of improved mental health and whereas normalizing conversations around mental health

[10:48] and suicide provides safe and constructive environments for individuals to discuss their feelings,

[10:56] symptoms, plans, diagnoses and treatment without fear of judgment by others.

[11:01] and whereas, it is essential that we learn how we can help others in our community by

[11:08] recognizing the signs of suicide identification knowing the questions to ask and knowing the

[11:16] national and regional resources available to refer individuals to and whereas recognizing

[11:23] the impact that mental illness and suicide has on the loved ones in our community is imperative.

[11:30] Now, therefore it be resolved that I Gary V. Arminger, the City of Prosper Washington and

[11:36] the City Council do hereby proclaim September 2026 as Suicide Prevention Awareness Month

[11:44] for the City of Prosper, and urge all citizens to play a role in suicide prevention and promoting

[11:52] mental wellness in our community.

[11:57] We have genesis here from foster thrive to accept the proclamation and say a few words.

[12:05] Okay.

[12:07] Yes, so just very briefly.

[12:08] Suicide prevention is something that is very personal to me because I lost an uncle to suicide.

[12:14] So that loss is a reminder of why these conversations matter in why we can't be afraid to talk about mental health.

[12:21] And the work that we do during suicide prevention month is about more than just bringing awareness.

[12:27] It's about making sure our students and families in our community as a whole know that they are not alone.

[12:33] That asking for help is okay and that there is always someone willing to listen.

[12:37] If what we do helps even one person feel seen, supported, or hopeful enough to keep going, then this work really matters.

[12:44] And once again on behalf of CrossFit Tribe we really want to thank you guys for always supporting our initiatives.

[12:49] Right here, Tinnis, we're going to do a picture of the

[13:21] main field.

[13:35] Please,

[13:40] the next action item is tied.

[13:43] Okay, so you'll notice that we moved an action item up after number 6

[13:50] because this action item is attached to the proclamation that I just read.

[13:59] And so the action item is regarding bridge lighting requests on the suicide prevention week.

[14:07] There is a motion in front of us if there's any comments.

[14:13] Have a lighting scheme.

[14:16] Yes, so the color for suicide prevention month is teal.

[14:22] And so the request from process thrive to help with awareness is to light the Wayne Country Bridge.

[14:30] Teal Colored.

[14:33] Any questions or comments?

[14:35] Motion to approve the request to eliminate the one country road bridge lights in Teal

[14:40] for September 8 to 14, 2026, and recognition of National Suicide Prevention Week.

[14:48] There is a motion and second to approve the request to eliminate one country road bridge.

[14:54] All those in favor signify by saying aye.

[14:57] Aye.

[14:57] I'll pose same side.

[15:00] Motion passes. Thank you, council. Aye.

[15:06] Council, we are on item number eight. This is city administrator reports and comments. Rachel, do you want to go first? Are we going to invite chief up? Yes. I actually will have chief Dameron and deputy chief Clara come up and do their presentation before I launch into my updates for council.

[15:27] I'm on up, gentlemen.

[15:29] Gentlemen.

[15:30] So in the last council meeting, I had mentioned that we had requested the fire chief to come

[15:37] up and speak about his biannual report and also offer the opportunity for councils.

[15:43] There were any questions about the incident.

[15:46] Yep.

[15:47] Our last fire incident.

[15:48] Well, thank you for having me.

[15:50] First, I just wanted to introduce my deputy chief.

[15:53] It's his name is Rubio Clara. If you haven't met him, he's a prosecutor graduate and he's been in the fire service for close to 20 years and I'm lucky to have them part of our team, so.

[16:09] We'll get into the biennial report.

[16:13] This year was call volume wise. It's probably going to be close to the average, I would say.

[16:21] We've had a couple of busy months, but we've had a few slow months.

[16:24] Our staffing levels, not much has changed.

[16:29] Last year, we were a student resident short, most of the year we had one quit, or get

[16:35] a job halfway through the year, so this year we're going to be, right now we're fully

[16:41] staffed.

[16:42] We have three new ones, new student residents.

[16:44] our volunteer numbers are steady and we should bring on two to three new

[16:50] recruits. One of the things we've also done is we've brought because it's

[16:55] such a time commitment to go through a recruit academy is at least three

[17:00] three months it starts this week and it goes to December and then they have

[17:05] about six weeks of hazmat training and then another month of wildland

[17:10] training. So it takes a tremendous amount of time to go through all of those things. So this summer

[17:16] we've started to bring on what we call a single-role firefighter. So if somebody only wants to do EMS

[17:23] then they can come on, they don't have to go through all that stuff. We have single-role EMS people,

[17:29] we have single-role wildland people, and then the full flage that they go through all the things

[17:35] they'd be able to do everything. But our numbers are not much different from the last time we talked.

[17:43] Call volume, like I said, it's been steady but I think we're going to be close to

[17:48] that 815. We were still busy June. We were close to 100 calls July. We were close to 100 calls.

[17:59] So just really busy, a city of

[18:05] Prosser. I think we're going to be close to the same.

[18:07] Last year, we had 430 of our calls.

[18:10] We're in the city limits.

[18:12] And right now we're about 278.

[18:15] So major incidents.

[18:20] This is kind of different.

[18:21] There are many things you've seen these before.

[18:25] Normally, we might have a structure fire in there.

[18:27] But every major incident that we've had has been a natural cover fire this year.

[18:33] And so that's good that we haven't had any structure fires or commercial buildings like that.

[18:38] But it's I've never seen that before. So it's just goes, you know, apart from the course or what we've been doing.

[18:45] The actual cover fire is does everybody know or am I?

[18:48] It's just a, you know, cheatgrass or sagebrush or weeds.

[18:53] in the back. Okay. Yeah. Thank you.

[18:59] Mutual aid. This is going to be we're going to get busier

[19:02] and busier with this. One of the things that we do in Benton County, Franklin County,

[19:08] while the wall of counties is that any major incident we automatically will start to send apparatus

[19:16] before we didn't do that. We would wait till they called. Now we're on an automatic dispatch.

[19:24] So, a lot of these big fires that might not even be in our area, we will try to send

[19:29] if we have an apparatus, we will try to send it there within about an hour response.

[19:35] So, I think that number will just steadily climb over the next few years.

[19:42] State mobilization, there's only five and some of these are local.

[19:47] this year we were so busy in the June and July that we didn't send our we didn't sign up our

[19:56] apparatus every week and so we were just felt like we were we needed to keep them here. One of the

[20:04] things that we do in Benton County, Franklin County and Walla Walla County is we have we call it the

[20:10] southeast region strike team and so every week somebody signs up and there's six apparatus on that

[20:18] and so every week we pull from six different agencies and send that to one of these large fires.

[20:26] So every large fire you've seen, Spokane, Walla Walla, even Arth that we had here like that strike team is

[20:35] what goes. When that happens, one of the things that really, if we have a unit out on a seven-day

[20:45] assignment, that's just one less for us. And so it's really hard to send it, you know,

[20:50] the intensity has a fire and we sound on there. Now we're down to maybe two, three units. And so we

[20:56] try to help everybody, but the state moved this year. We were just a little, a little light on that,

[21:01] just wanted to keep them home. So turn out times, I don't think we can get any faster on that.

[21:11] We're slowing down by two seconds. So you know that is our guys take a really a lot of pride in

[21:21] that number right there. So the response time, that's a pretty good time too because our district

[21:27] is 176 four miles and so on average are we were there in five minutes and 37 seconds and so that's

[21:39] at least the first unit so feel pretty good about that too.

[21:46] Like I said we're last year we're

[21:47] down residents but so those hours you see they probably should be about not quite double that but

[21:57] we were just light on, we've done a really good job of getting our volunteers and residents

[22:04] hired to other jobs. And when that happens, we just lose somebody. And so we're always

[22:11] in a constant rotation of people right now. I have seven residents or volunteers that

[22:17] are on hiring lists are already been hired last year. We had two or three. So we take

[22:24] a lot of pride in that, but it does kind of, we train them up and then they leave, so we've

[22:28] started over.

[22:31] I don't know if there's, oh yeah. I think last time I was here, this question

[22:39] came up what we did and I just wanted to point out there's a few things. It seems like

[22:45] at least every couple of weeks we're doing something in the community. These are just a few

[22:53] examples but I would say probably on a you know two to three times a month we're

[22:59] out depending on weather and depending on the function but so a lot higher than

[23:05] that but we try to any we don't turn anybody down for public education and then

[23:13] the fire break program or dozer we've done we did painted heels that was a little

[23:19] late, we ran into some problems with property. We couldn't get a hold of some property owners,

[23:23] and there's still one little section that we couldn't get a hold of them in time. The

[23:28] those are lines we need to do those before June, like May 15th is like, and we did them this

[23:34] year in June, but we risk sparked in a fire by doing that. And so, we try to get them done before

[23:40] May 15th. But we added the gun range last year, then the Hayden Homes, we do that little section.

[23:48] and so we're willing to do really any property

[23:53] as long as it's done in the springtime.

[23:56] So that's really not on that,

[24:00] but we wanna talk a little bit about the fire we had.

[24:05] Yes.

[24:06] So the fire ended up being almost 40,000 acres.

[24:11] It started on the satis and then probably about eight hours

[24:16] it traveled 20 almost 21 miles that lightning chief it was a lightning strike. The

[24:23] Yakima nation had it stopped at about 30 to 40 acres. Those are lines around it

[24:29] everything and that wind came up and pushed it over the line and then we were

[24:35] off to the races. We went probably early afternoon we sent a rebellion myself in

[24:43] our dozer and another unit we went to mapped in to try to help them stop it

[24:49] before it went over Glade Road but at that point that we had already seen a

[24:56] neighboring district's command vehicle get burned over we had a private

[25:00] tractor get burned up that sent the operator to Harborview so we were really

[25:05] that we knew this fire was moving really fast and so we we started dozer line

[25:13] kind of east of Glade Road and we had seven aircraft working with us to drop in

[25:21] retardant water drops and then unbeknownst to us the fire had already gone

[25:28] over the ridge so what we were fighting the aircraft left to go on the south

[25:34] side of the ridge and so once that happened we knew we couldn't catch it we could

[25:38] just see it it was just traveling faster than we could move and so we got all our

[25:43] units and went back to Prosser. Our dozer had a mechanical failure so they had to go back and fix it

[25:50] while the fire was still not quite in our fire district.

[25:56] So at about 530 I think I called for

[26:01] evacuations because district five on top of the hill had already lost a home and it was already

[26:08] passed Lincoln grade or close to that. And one of the things that happened was since

[26:16] that fire was already there. And to keep in mind how fast this fire was moving, on top

[26:23] of the ridge they had seven tractors pulling huge discs. Two of those tractors are what

[26:28] it's called a speed disc and they do like 20 miles an hour and they couldn't catch it.

[26:34] And so, once we knew that was happening, we called for evacuations, 530 I believe, and

[26:44] I also called for a strike team, additional strike teams.

[26:49] We got one right away.

[26:52] The other two, because Benton 5, up on the hill, already had a strike team.

[26:58] Our other strike team, the Southeast region, is already on a fire, and we get, so now

[27:02] there's three strike teams local. So we've really, there's no, there's no more. So I talked to what we

[27:11] call e-rock emergency radio operation center. And so I needed more apparatus. It's at night. I have no

[27:20] aircraft. They don't fly at night. And so they pulled the strike team from Walla Walla and another one

[27:26] from Kittitast County and that's why some people we've seen a delay in

[27:32] apparatus getting here but they had an hour and a half drive and they both of

[27:36] those came off other fires. So you know we had the maximum what we're gonna get

[27:43] out of our region. One of the things that kind of hampered us too is normally we

[27:46] get units out of Yak 5 which is our neighbor to the west but they're already on a

[27:54] fire, a big fire. And so they have no one to send us. And so once once we saw the fire

[28:03] come over the ridge that's going to come into our district, then we had to kind of

[28:10] gear up on the first defense. And we had I think, I think we had about 10 apparatus. And

[28:18] we had like 15 more coming. And so the fire, when it came over the ridge, it was on those

[28:30] other houses, the first row of houses under five minutes. And then it jumped southward

[28:36] gap. And it was like at Rachel's house in under three minutes. But it so it didn't give

[28:41] us enough time to get back around. We did have, I think there was four units like on

[28:48] Rachel's road and they all said we got to go we're going to get burned up so they

[28:54] aired on the side of safety and they they came back to the main road. Went

[28:59] through another couple little hills and then all of a sudden the wind kind of

[29:03] just died down and then we kind of got a handle on it and but that wind was just

[29:10] southward gap I was parked on it and it didn't stop normally a fire will bump

[29:13] maybe an amber will go across. These flames were probably 50 feet long and it just went from one side of the road to the never never even slowed down.

[29:22] And so it's a very rare fire that you know nobody's seen that.

[29:29] But once we got a weather window, community came up a little bit, then we got those dozer lines in it and then I just took a little while as a little frustrating.

[29:41] but there's not much you can do in a wind event like that, even I really wanted to burn

[29:51] what we call a backburn off a southward gap road, but the wind was so blowing so hard

[29:59] if we would have started...

[30:00] Well, there, that fire would have jumped the road before we could stop it. Now we've got two different problems.

[30:06] And so, you know, one of the biggest things, and, you know, I'm going to go to Rachel's neighborhood, but one of the biggest things we've talked about, we, you know, flyers, things I got as defensible space. You know, the homes, especially up in that area, you know, we've got to have a buffer zone to give ourselves a chance. One of the things that, you know, when that fire was going through,

[30:29] our units were just leapfrogging from house to house they might not have been

[30:34] there very long but they were just looking at every single thing and then go

[30:37] into the next one and put in whatever out and go into the next one putting them

[30:41] whatever out and and the whole meantime trying to stay safe so yeah it was a

[30:48] challenging but whether whether helped us a little late but but it still helped

[30:56] us. So I have a question. Yep. Actually, I have two questions. Uh, he does

[31:01] Hermiston, or you Matilla, I ever come over and help because, you know, those guys

[31:05] are what 40 minutes away? Are they? Uh, no, we don't have a mutual aid

[31:08] agreements. Um, I think, uh, Benton County Fire District 6 in Patterson has a

[31:13] mutual aid agreement with them, but no, no one else does. They, uh, I think they do

[31:18] because they're so close to it and they don't have anybody else. Um, but we don't, um,

[31:23] I just wondered if that might be helpful to have a relationship.

[31:26] Yeah, there's, I don't know exactly, but it was something about crossing state lines

[31:30] and insurance issues and things like that.

[31:35] Okay, the second question is, a couple years ago, we did a rotary tour.

[31:38] The rotary group did a tour of the fire station, and I grew up with farm equipment, so

[31:44] and I know it's very expensive.

[31:46] Somebody mentioned, I thought they said one of those new fire trucks cost $500,000, is that

[31:52] the little ones. The little ones? Yeah, the big ones are a million.

[31:55] I was telling somebody in the parade yesterday, I said yeah, those things they cost. I think

[31:58] they did. Yeah, so a type, what we call a type five, the, the ones that look like they'd

[32:03] go off road. Right. Those are about now 350,000 up. Um, a type one engine that would put out

[32:10] a house fire, um, right now they're over a million dollars in a four year wait. And so,

[32:17] I don't think the public understands how expensive those are. Yeah, we, so in 2022,

[32:22] we bought two of those Type 5s and two Type 1s and I think the price on our Type 1 was 579,000

[32:30] and within two, three years it went double, almost and it's kind of crazy and then the weight is

[32:38] three to four years by the time you place the order. Well, thank you guys for all you do.

[32:43] Yeah, so so my question so I was I say behind on that is my neighborhood all evacuated and I wanted somebody in the neighborhood in case of you know people coming through and stealing things and and so watching through the night is a long night.

[33:05] in that little gorge behind Haydenhomes.

[33:09] And it looked to me that there may have been a line

[33:12] that was cut, and then maybe it hopped over that,

[33:16] and then stopped where it did.

[33:19] Was there a line, were there two lines?

[33:22] Where you saw was, so the line that came,

[33:24] the first line that they put in,

[33:26] dropped the fire, and it was backing down the hill.

[33:30] But there was all that unburned fuel to the west.

[33:34] So what we did is we brought in a dozer line kind of along one of those walking paths.

[33:40] Yeah, that did the job that walking path down below close to Hayden-Homes down.

[33:45] And then we burned that whole section of fuel off.

[33:48] We had a good weather window.

[33:50] And so even when we were lighting that fire, like the wind's not blowing very hard.

[33:56] And the flames were probably 10 feet over the dozer.

[34:02] with no wind so you can imagine what there's wind but we needed to burn that big

[34:07] pocket of unburned fuel out while we had the opportunity because what we

[34:11] didn't want to happen is some wind shift and now that fire just takes off and

[34:15] goes back to the west of all the unburned fuel so we just did a big burn out

[34:20] operation it took a hour or so and just to tie them all in together and that

[34:26] way there's no way it can go anywhere well you did an excellent job really

[34:30] appreciate on what you did. Is there is there any problems on any of these fires lately where

[34:37] and you guys were good about staging people on the on the corners to prevent looters from coming in?

[34:44] Is that is that ever a problem? I think on this type of not really. I mean maybe if it was like

[34:49] extended multiple days but I mean even that night like you barely see anything because it's still

[34:56] smokey. It's still, you know, the, uh,

[35:02] Professor, please, PCSO, they did a really good job. There's lots of them there. Um,

[35:07] making sure that everything was, um,

[35:11] nice. Yeah. But I won't point when, when we were staged, um,

[35:15] I think I had 10 deputies standing behind me after we did all the evaluations. They went through

[35:20] and made, um, to make sure to give us a confirmation of what they've done.

[35:28] You keep the looters out.

[35:32] Good. Thank you.

[35:34] One thing I will kind of add to that is at five o'clock that night.

[35:44] The fire went what we call state mobilization.

[35:48] So the state has agreed that this is a big fire that they're willing to start sending resources.

[35:55] So at five o'clock at night that started.

[35:57] but it takes time so you probably saw some units from a camis or from the

[36:03] coast that's that strike team and one of the things with this and they were

[36:07] there till Wednesday morning so from they got their Sunday they took over at 10 a.m.

[36:14] they were housed at the Armory and Grandview I would say there was

[36:19] probably 200s and some firefighters and this fire's not just our little

[36:26] section, but it's the whole thing. Those three days, it was about 1.9 million to make sure

[36:33] this thing was out and, you know, a couple hundred firefighters and apparatus and aircraft

[36:39] and lots of different jurisdictions there. So I was really happy that they agreed to that.

[36:46] And it takes a big burden off us because we're already out there for almost a day.

[36:53] And so when

[36:56] helps.

[36:59] You had mentioned that in the spring time you do a preventative dozer line around the

[37:05] neighborhoods but sometimes there is difficulty getting property owner permission for that.

[37:14] Yeah so there was um so one of the on painted hills there's one little section that ties into

[37:23] Lincoln grade that property a few years ago it was owned by somebody and there was this they wanted us to put them on their insurance and a bunch of different things and so we were not going to do that.

[37:37] Then it sold and then we had a hard time getting hold of that person before we could before it dried out too much where we couldn't go do it.

[37:46] So we're going to have to start way earlier and see if it's allowed.

[37:49] There is, I think Nick worked on a little bit on the far east side of town,

[38:01] Corde Hors Lane. There's a property on there on the eastern side that they weren't

[38:08] too thrilled about having a dose of line through their property. So if that happens,

[38:13] there's not much we could do about that, but we'll do it wherever we can to,

[38:17] wherever people own the property that are willing to let us do it and it's not

[38:21] just those lines we have a disc we can disc it to one of the problems is some

[38:25] of this is big sagebrush so we end up we almost need to be able to mo it before

[38:33] we disc it if not we just make a big mess and we push five-foot sagebrush into a

[38:38] big pile that's gonna be even worse but we are working we're gonna try to figure

[38:43] out all these neighborhoods how we can help them and then any individual homeowners if they have

[38:51] property that they want us to put a disline in or come talk to them. You know, we're always

[38:57] willing to do that. We've done it a few times. We've sent out flyers every year, every house south

[39:01] of Highway 22 and it kind of explains and we have in there a pre-contiltation visits, you know,

[39:07] will come out and tell you how to do it. We've had a few. I think we're going to have a lot more

[39:13] So, but-

[39:14] And in the event of an emergency, there's no permission needed.

[39:17] Oh, I couldn't have an emergency.

[39:19] We'll just do what we need to do and, yeah, so, yep.

[39:26] Aiden Hicks is going to thrive in a little business going.

[39:30] Yeah, one of our paid firefighter, him and

[39:33] him, and actually, there's two of them.

[39:34] They started a business and they do just that.

[39:37] If you have, it's just a fire mitigation, and they'll come out and give you a quote, do everything, and so they've been busy.

[39:52] Any other questions?

[39:54] Council.

[39:57] Well, gentlemen, thank you.

[39:58] Thank you for your efforts.

[40:08] Okay, Rachel, you have like six items you want to bring.

[40:13] Lethara, I'll start with saying thank you again to Chief Dameron and Deputy Chief Clara

[40:22] for the work that they did for the fire.

[40:24] And our neighborhood is taking them up on their invite to come and speak to our neighbors

[40:33] about defensible spaces and those are lines for particularly for the property owners at the top of the hill and a community reservoir and so they offer that for free and we are definitely taking them up on that.

[40:47] That's the first fire since I've been there and it was quite traumatic.

[40:51] A couple of updates for Council last week. I talked about we were going to potentially move the family pictures or the group photos of Council to October, but we have since moved that to November 3rd. So I'm hoping that that works for everyone.

[41:12] Other items on my list for you is that Fall Soccer is kicking off this weekend at Foundation

[41:20] Bible Church. Our public works guys have been doing a great job of getting the fields

[41:25] and everything ready, and so I want to extend my gratitude to them. We have 354 kiddos registered

[41:32] for this fall and the age group is from 4 to 13 years old. So great program. Speaking of

[41:42] grades, I thought the parade was great this weekend. That was so fun. I wasn't supposed to be in

[41:48] the car and then I was in the car. So thanks to mayor.

[41:55] And thank you to our public work staff. They

[41:57] They also helped in making sure that that was a successful event.

[42:02] What else do I have for you?

[42:05] Oh, I also wanted to let you know the records grant that Miss Jackie and Kendall have been

[42:11] working on along with our grant staff member, her name is Megan.

[42:17] They closed the grant out, so we are going to be closing that out with Tony.

[42:22] It was a great success.

[42:23] there was many records that were brought into compliance.

[42:29] You might have noticed, but we posted two vacancies, two board vacancies.

[42:36] So we have an LTAC board that has a receiver and a collector positions that are open.

[42:44] So we posted that, and we also have posted the vacancy and recruitment efforts for the tree committee.

[42:51] So as a reminder to council, that is six citizens, one council member and staff members.

[42:58] Both of those boards, the applications will be remain open, will be receiving them through

[43:05] October 2nd.

[43:07] If you are interested, please see the mayor or a comment.

[43:14] I'm getting an arborist on there like trees.

[43:19] It is a requirement in the code.

[43:21] Yes. You are welcome. What else do I have to tell you about? Oh, I wanted to let you know

[43:31] that we have submitted the draft comprehensive plan to the state to the Department of Commerce

[43:37] as part of the requirement. The state has 60 days to review and provide any comments. Once that

[43:45] That time period is concluded and they've sent any comments back to us.

[43:49] We will continue with scheduling the public hearings, with the Planning Commission and

[43:54] then we'll bring that forward to Council, so that will be coming very soon.

[43:59] And then lastly, I wanted to let you know, as part of my continued education for my city

[44:06] administrator, city manager accreditation program, there is a conference coming up in California.

[44:13] It's through the International City County Managers Association and it will be the first time that this conference is this close.

[44:24] It's an international conference, so the next time it'll be on this side of while the coast will be in 2030 and it'll be in Tacoma.

[44:34] So, you might have seen in the budget and finance committee packet and in the expenditures my travel expenses for that.

[44:43] So, just letting you know that. Any questions?

[44:48] Any questions, Council?

[44:49] You're going to hear from me a lot for tonight's items as well.

[44:55] Moving on, we're Council, we're on item nine.

[45:00] Seeking a motion to approve the consent agenda items. Move to approve, consent agenda items, A through C.

[45:09] Moved and seconded to approve, consent, agenda items, A through C. All those in favor signify by saying aye.

[45:17] Opposed, same sign. Motion passes. Thank you, council. We have several action items. And we will start with board of adjustments.

[45:29] position. We had four applicants and two withdrew and we interviewed two. Go ahead, Rachel.

[45:39] Okay. So we did. We have four applicants, two withdrew. We Mayor and I conducted two interviews.

[45:47] And after those interviews, Mr. Mayor selected Harold Lewis to appoint to the Board of Adjustments.

[45:55] And so the information about Harold's application and our recommendation is in the packet and Harold is here tonight.

[46:05] Any questions?

[46:08] It's a three.

[46:10] You're thankful for Harold's interest in serving on this board.

[46:19] There's a recommendation for approval in the packets.

[46:22] I'd like to make a motion to confirm the appointment of Harold Lewis to the Board of Adjustment position number one with the term ending on January 1, 2027.

[46:34] 29 second question.

[46:38] On the ending date, go ahead.

[46:40] Yeah, the summary statement 29 my apologies, yeah motion this is 27, which was right. I think the the noted noted should be 29 in the motion. Yes, I'll make an amendment to the all amendment my motion.

[47:02] It's been moved and seconded to confirm the appointment of Harold Lewis to the Board of

[47:08] Adjustment, position number one with the term ending on January 1st, 2029.

[47:14] All those in favor signify by saying aye.

[47:17] Aye.

[47:17] Opposed, same sign?

[47:19] Motion passes.

[47:22] Congratulations.

[47:24] Next up, we're going to square a manual, let them know.

[47:28] So we will schedule the oath of office with Ms. Jackie and then we'll begin the training requirements for you.

[47:38] Thanks, Harold. Thanks for coming out this evening too.

[47:42] Councilor, we're on item number B, declaration restrictive covenant and Rachel, go ahead.

[47:51] So this item is being brought forward for Council's consideration.

[47:55] This is part of the approvals associated with Merlot Meadows phase one.

[48:00] this particular lot, lot 29, is a property that is required to be subject to

[48:06] recorded for restricted, restrictive covenants to ensure that the property is

[48:11] developed, conveyed and occupied as affordable housing for a minimum of 20

[48:16] years. So, Hayden Holmes contacted me. They have this ready and the requirements I

[48:26] have provided the supporting documentation in the packet for Council's review.

[48:32] It was originally established through the resolution that's in the packet also.

[48:39] Are there any questions I can answer about this?

[48:43] Questions or comments, Council?

[48:46] Okay.

[48:46] Very good.

[48:47] We have a motion in front of us.

[48:51] We can approve the Declaration of Restricted.

[48:53] Covenant with Hayden's homes for the property located at 342.

[48:58] How do you pronounce it?

[49:00] Aeon.

[49:00] I would Aeon.

[49:04] Aeon?

[49:06] Hey, whatever.

[49:07] Avenant, browser.

[49:08] Washington, 99350.

[49:11] An authorized city administrator shot assigned the declaration.

[49:14] Second.

[49:15] It's been moved and seconded to approve the motion of declaration of restrictive covenant with Hayden Homes.

[49:22] All those in favor signify by saying aye.

[49:25] Aye.

[49:26] Opposed same sign?

[49:28] Motion passes.

[49:32] Item number C is regarding, it's actually a request for excused absences.

[49:42] It's reading leave of absence but if you look at the motion, it is to approve absences.

[49:51] Rachel? Yes. So, earlier this month, Council member Cortez had contacted me and had requested

[50:03] for an excuse absence for the month of September and the majority of October from the Council

[50:13] and the Budget and Finance Committee. So, I reviewed the Council rules of procedures policy,

[50:19] along with RCW-35A-12 and determined from that that although the city council rules of

[50:31] procedures policy states that the city clerk or the mayor can approve, excuse the request

[50:39] for approved or unexcused absences, the RCW trumps that and the RCW states that responses

[50:49] ability resides with the council.

[50:52] And so I had a conversation with council member Cortez, the, her request is in writing.

[51:00] It's included in the packet with the explanation for her request.

[51:07] And I also received, I asked our city attorney to provide us an opinion about that.

[51:17] I put the opinion letter in the packet as well for Council's review and included the rules

[51:24] of procedures policy in the packet.

[51:29] The section 4 speaks specifically about unexcused absences.

[51:37] So the way that the RCW reads is that the council has to decide whether or not the use

[51:52] or not excuse. Any three consecutive excuse, unexused absences results in a vacancy of the

[51:59] position.

[52:02] So, just to clarify,

[52:07] when a council member is typically absent, they will

[52:11] request on a single absence, request the clerk or the mayor to excuse and then it's taken

[52:19] under consideration and it's officially excused when it shows in the minutes that it's excused.

[52:28] In this case, the RCW states that if it's three or more consecutive absences and it's not

[52:37] the clerk or the mayor, it is counsel. Right. And Felix has asked the counsel to excuse.

[52:46] Right. And in this instance, she had missed the September 1st, and then of course today,

[52:55] and the 22nd, those are three consecutive meetings already. So by the time we get to October,

[53:01] we're looking at, if the council doesn't approve, then it's a vacancy of the position.

[53:11] And it's important to note that Councilmember Cortes also serves on the Budget and Finance

[53:15] Committee as well.

[53:18] So she would be, is missing those meetings.

[53:23] So the ask is September the 8th, 22nd, 29 October, 6th, and October the 13th.

[53:31] The first.

[53:32] in the first, September the first.

[53:35] Yeah, she missed the first meeting of the month.

[53:38] And so that is the ask.

[53:41] And in the packet is there.

[53:44] Felix Felix has that.

[53:46] Okay.

[53:47] Yeah, sure.

[53:53] There is a motion in front of us, council.

[53:59] Yes sir.

[54:00] What is the legal definition of excused and unexcused absence?

[54:05] Well, City Attorney, good one, and I discuss that, and you will see in there that there is no clear definition for excused or unexcused.

[54:19] And maybe Ben can speak to that a little bit more.

[54:23] in? Yes, an excuse absence is an absence that's excused by the council. There isn't a specific

[54:37] thing that would make it excused. The legislature has left that open to that to the legislative

[54:45] body to determine what they collectively considered to be an excused absence.

[54:59] That's what it's

[55:00] left of.

[55:03] I have a question, Mayor. Go ahead, Bill.

[55:08] Okay, so I understand what's going on and I do

[55:13] have a concern in that in the future if one of us or another council like my

[55:22] granddaughter she has different things going on that I would like to go see if they

[55:29] happen on Tuesday night I won't do it but if if you're able to be excused for

[55:37] doing it, and it's not a family illness.

[55:43] And I really would like to be to support her,

[55:47] to go to her events. And I'm just concerned what presidents we might be setting. That's

[56:00] my concern. I'm not saying that I'm opposed to Felix doing what she's doing. It's not a

[56:05] personal thing with Felix. It's just I'm just thinking of precedence. Okay. Thank you. Any other questions or comments council?

[56:19] If you want to counsel back in the dark ages.

[56:25] One of the things that I realized when I signed up to go on council was I was going to miss some stuff, some family stuff. And I did.

[56:35] And I think when you sign up for this, you should realize that going in.

[56:40] If you don't realize that going in,

[56:45] you need to fix it.

[56:47] And the way to fix it is, unfortunately, attend the council meetings

[56:51] so you don't hit the three meetings in a row.

[56:55] She's missing five meetings.

[56:58] She could skip one of her daughter's games to keep out of where there's any question.

[57:05] or she could take her iPad with her and listen to the thing online we do have

[57:10] that capability now. When I started this you either tend to the meeting you

[57:14] didn't there was no online thing.

[57:18] I

[57:21] think that if we're gonna miss five

[57:23] meetings we really need to look at resigning if you want my opinion.

[57:31] Julie? So the

[57:35] The Budget and Finance Committee, how many council members are on that committee?

[57:42] Three and an alternate.

[57:43] Three and an alternate.

[57:44] And it would be two and an alternate.

[57:45] Correct.

[57:47] We accept for last council meeting that it was out of town somewhere and so we had one and

[57:56] we didn't have the finance committee.

[58:01] To be at least two people at the meeting or we need to have the court on.

[58:06] Correct.

[58:06] And

[58:11] that would have been considered an unexcused absence.

[58:17] Your question, we haven't had this presented this many in a row, but typically when council

[58:29] members are gone, they'll typically notify Rachel.

[58:34] Rachel's not the clerk any longer.

[58:37] It is Jackie.

[58:38] And so the request goes to either Jackie or myself.

[58:43] And lots of times it's happened, you know, it'll happen on the phone.

[58:48] Sometimes it's last minute, things come up, emergency, and so on and so forth.

[58:53] And then we determine the clerk or the mayor determines whether it's excused or not.

[59:01] But as I said, then it's excused when it's official in the minutes.

[59:09] In unexcused absence, simply in the past has been noted in the meeting minutes if the

[59:15] council member neglects to inform me mayor or the clerk that they're just not going

[59:21] to be there.

[59:22] Then that constitutes an unexcused absence.

[59:25] I did want to mention that when I met with Council Member Cortez, we did talk about the implications of meeting this many many meetings, particularly as we're launching into the budget and what that would look like it is.

[59:43] If I could give you a couple different scenarios, scenario one of council decides that this is excused and she comes back at the October 27th meeting.

[59:54] She would have had missed a number of budget meetings and discussions and all of the other

[1:00:00] Justice that council does, she would either need to recuse herself from voting on the budget or get herself up to speed by reviewing the council packets and audio after the fact. So we did talk about that. I did also offer to her, remind her that the meetings she could participate virtually and she declined that. That was not something that she was interested in.

[1:00:29] in doing she very much so expressed that her priority is her daughter and her soccer

[1:00:35] games and she was not interested in entertaining that. The game start right at 6 p.m.

[1:00:47] So we talked through a couple different scenarios and ultimately she asked that the decision is left

[1:00:56] to counsel if it's excuse or unexcused.

[1:01:01] Any other questions or comments counsel?

[1:01:07] Okay, we have a motion in front of us.

[1:01:28] Well, we don't have a motion in front of us.

[1:01:33] In, do you have some advisement?

[1:01:41] The,

[1:01:44] I mean, if the motion is not made

[1:01:48] and there is no action taken on this particular subject,

[1:01:55] then things would just run status quo, which means if a council member were to not show

[1:02:03] it for three consecutive meetings, then they would vacate that unless before one of those

[1:02:08] meetings, that council member called and asked for an excuse, an excused absence because

[1:02:16] because that is still in play if the council were to either vote for or against this, whichever

[1:02:25] way passes. I mean, if the council were to vote for all the excuses absences, there would

[1:02:30] be no need for that council member to call in for an excused absence. If the council decided

[1:02:37] to vote against this motion or not be in favor of approving these. The council member

[1:02:47] in question could still call in at some point and ask for an excused absence rather than

[1:02:54] all of these absences being excused.

[1:02:59] So that's up to that council member taken into that council

[1:03:04] members and youngs.

[1:03:07] Very well.

[1:03:09] Is today's meeting the third?

[1:03:11] Today would be the second, an excuse absent.

[1:03:15] I have a question. So on the committees, I am listed as the alternate for the budget and finance committee.

[1:03:25] If I were to get put into that position as the non-alternate and the primary, could we revert back to it if she came back?

[1:03:34] Or can we just make that the case or how does that work?

[1:03:39] You would remain the alternate and you would just step in in her absence.

[1:03:44] And then when she returns, she returns to her committee duties.

[1:03:50] Would that still defeat the purpose of this person taking back over and then still needing

[1:03:55] to get up to speed, right?

[1:03:57] But it might be easier that way.

[1:03:59] Or the purpose of budget and finance committee meeting that would be an acceptable solution for the budget or excuse me for the council she would be missing a tremendous amount of information.

[1:04:15] So in the event that council doesn't take action tonight and we move forward and the next meeting on the 22nd would be the third meeting that would be missed.

[1:04:25] the position would be vacated and I would then have to publish that we have a vacancy on the

[1:04:33] city council and do very similar to how we handle other boards and commissions. We would post it for

[1:04:40] 30 days. We would receive applications and council would interview and then appoint. And the

[1:04:48] The appointment would last through Councilmember Cortez's term when the next regular election

[1:04:56] cycle comes through, then that person, if they're still interested, would have to run for

[1:05:00] election.

[1:05:03] I have one more question.

[1:05:04] Yes, ma'am.

[1:05:05] So I'm looking at this.

[1:05:06] First, 8th.

[1:05:12] It's 1, 2, 3, 4 and 5.

[1:05:15] So I

[1:05:18] recognize that the motion stated the 29th when we don't have a meeting on the 29th,

[1:05:25] it should have read.

[1:05:25] But yeah, it should have read September 1st, September 8th, and September 22nd, and

[1:05:32] October 6th, and October 13th.

[1:05:35] She will return for the last meeting in October if that's acceptable to Council.

[1:05:40] But everybody get that.

[1:05:44] Maricella and Bill, did you hear that last bit?

[1:05:48] that it should be listed in the motion as September the 1st, 8th, 22nd, strike the 29th

[1:05:58] and October 6th and the 13th, if that makes any difference.

[1:06:03] Now, still five meetings.

[1:06:07] Any other comments on this council?

[1:06:11] If not, I didn't hear motion.

[1:06:14] Then we can just let it run through and at the end of three it'll be considered fake

[1:06:25] it.

[1:06:25] They can.

[1:06:25] Correct.

[1:06:26] All right.

[1:06:28] Hearing no other comments from Council, then let's move on.

[1:06:33] We are on item 11A, Flock Safety Cameras and Rachel.

[1:06:41] Yeah.

[1:06:42] What is it about?

[1:06:43] It is about the flock safety cameras.

[1:06:49] Lock is getting a lot of bad press right now.

[1:06:51] Lock is getting a lot of bad press.

[1:06:54] Lock is getting a lot of tension.

[1:06:57] I've reviewed Rachel's, this is a discussion item.

[1:07:02] And this discussion item will undoubtedly go past this evening.

[1:07:07] Correct.

[1:07:07] And Rachel's presentation is basically a balanced presentation, pros and cons and so on and so forth, no action tonight and I'm certain it'll come back to us.

[1:07:24] Yes, that is the intent.

[1:07:29] So, excuse me, this presentation isn't in your packet but I'm happy to send it to you like I did with Ben's presentation last week.

[1:07:39] I put together a few slides to just help provide the framework for the discussion.

[1:07:44] So earlier this year, Council had directed me to deactivate the 20 flock cameras that

[1:07:51] we have and that is still in place and so I put together a little bit of the history

[1:07:58] of how we got the cameras where we're at today and then point to your email if you didn't

[1:08:07] see on Friday evening I put together a response to a citizen's request about a number of questions

[1:08:14] that she had regarding the flock safety cameras and so I'll reference some of that material

[1:08:20] that I included in that response. So first the flock safety cameras came to us and came to

[1:08:29] City Council for consideration late 2023 and early 2024. The city had an opportunity to go

[1:08:39] after the grant dollars. Clip stands for Community Law Enforcement Partnership Program. We were

[1:08:46] successfully awarded about $245,000. We earmarked 133 of that specifically for the cost of the camera

[1:08:58] system. So we put in 20 cameras. In addition to that there was an expense this year for

[1:09:05] 65,000 that was for costs associated with the annual licensing fees. Then as you will recall,

[1:09:13] there were some records, lawsuits, public disclosure issues that were happening within the date.

[1:09:21] I had brought forward a recommendation to counsel that we consider looking at that ultimately counsel

[1:09:27] directed me to deactivate the cameras and so that is what leads us here today

[1:09:32] and I promise that I would bring this back to Council for Budget Discussions.

[1:09:38] So I want to provide a quick overview on the purpose for tonight's discussion

[1:09:45] is I want to be able to give you a balanced framework for you to be able to

[1:09:50] make an informed decision about whether or not we should continue with the

[1:09:54] contract or let the contract expire and remove the cameras ultimately.

[1:10:03] So, a number of things have happened within the state where there's been some changes

[1:10:08] in the law that have changed how we handle the... I'm going to call them throughout this

[1:10:17] presentation, the ALPR which stands for automated license plate reader cameras, and I'm hoping

[1:10:26] at the end of this that you all as counsel will be able to make an informed decision

[1:10:31] about what to do about this. So as Mayor said, this is for discussion only. Lots of questions

[1:10:36] can be asked during this presentation, and then we'll bring it back.

[1:10:41] So for 2027, we have included $65,000 to fund the use of the license plate reader cameras.

[1:10:55] We go to the next slide, please ma'am.

[1:10:59] However, that is council's discretion. So a couple of things.

[1:11:04] What the system does and what it does not do. So the cameras capture images of passing vehicles and

[1:11:13] license plates. They record vehicle characteristics, the date, the time, and the camera location, and

[1:11:21] only authorized users are able to search the system with legitimate investigations. They can

[1:11:27] provide investigative leads and stolen vehicle hit and runs, missing persons, and serious crimes.

[1:11:33] What they do not do is they are not a facial recognition camera. They don't identify a driver or a

[1:11:42] registered owner, and they're not intended for speed enforcement.

[1:11:47] Under our current Washington law, the agency must be tied to an authorized purpose for

[1:11:51] safeguards.

[1:11:53] If you have specific questions about how the cameras are utilized, Mr. Chief is here and

[1:11:59] can answer those.

[1:12:02] Next.

[1:12:06] There are a couple things to consider about reactivating the cameras.

[1:12:12] us. So these here on this slide are intended to provide you a list of pros. This is an investigative

[1:12:24] tool. They assist our law enforcement with investigating crimes. They help with stolen

[1:12:33] vehicles and suspects, missing and endangered persons. And there's also a regional component

[1:12:40] to this. So we are one of many agencies in our region that uses block cameras and our law

[1:12:47] enforcement agency along with all of the others can communicate with one another about when the

[1:12:52] bad guys cross into city limits.

[1:12:57] There's also a philosophy to this that the technology can be used

[1:13:01] as an additional tool to law enforcement. It's not a replacement for officers or witnesses or

[1:13:08] or traditional investigations, it is a tool.

[1:13:14] Ones or the disadvantages to reactivating the cameras

[1:13:18] is there is a lot of conversation out in the public

[1:13:22] about privacy and having cameras that record vehicle

[1:13:28] movement even when the driver is not suspected of a crime.

[1:13:34] We also need to take into consideration

[1:13:37] that having these cameras could have unintended use

[1:13:43] and expand into broader monitoring.

[1:13:48] There's data security and vendor risks

[1:13:51] that we need to take into consideration.

[1:13:53] The city is solely dependent upon the vendor

[1:13:57] for having our data.

[1:14:00] The cameras are not the city's property.

[1:14:04] We only allow flock to place the cameras in the city's right of way.

[1:14:10] We don't own the equipment at all.

[1:14:12] We are simply entering.

[1:14:13] We have entered into a land use license with them.

[1:14:17] There's a lot of discussion as many of you know about public trust and lawful surveillance.

[1:14:25] It's a consideration.

[1:14:27] The cost is $65,000 and roughly $300 annually.

[1:14:34] Typically, we budget for a 5% increase for software use over the years.

[1:14:42] And technology is not a substitute for measurable outcomes.

[1:14:47] So we, as staff, should be able to provide to you that this tool is providing meaningful

[1:14:56] will investigate a value to our police department.

[1:15:00] In addition, I spoke about earlier. There's updated rules that Washington State has passed that any agency that uses these cameras must comply with.

[1:15:16] So you have your list of pros and cons.

[1:15:20] The items that has been changed since we have deactivated the cameras in January. So in March of this year, the State Senate Bill 6.0

[1:15:32] 002, it's under chapter 239, created a statewide framework for the use of the cameras.

[1:15:40] I didn't include all of the information in the packet about the rules, but there are

[1:15:45] a number of compliance regulations that we have to follow if we are going to continue

[1:15:53] to use them.

[1:15:55] One of the compliance requirements is that we register our cameras with the Washington State Attorney General's Office.

[1:16:05] We have done that, even though the cameras are deactivated, we completed that requirement in July of this year.

[1:16:15] date to the rules is that we cannot retain the data any longer than 21 days.

[1:16:26] The vendor almost or excuse me, the vendor must also provide controls preventing unauthorized

[1:16:32] sharing or access to include non-authorized federal immigration agencies and the vendors

[1:16:40] may not change sharing permissions without the agency's knowledge.

[1:16:44] So, as many of you know, that was an issue that occurred late last year.

[1:16:50] In addition, any agency that is utilizing the license plate readers must adopt governing

[1:16:58] policies and provide training to staff by December 1st of 2027.

[1:17:05] Those policies are subject to state approval, and they must be submitted accordingly.

[1:17:11] So

[1:17:17] what I'm hoping tonight is that council's decision is based on the value of the system

[1:17:23] specifically to process and not just what other cities are doing.

[1:17:27] You'll see in another slide I did capture what some of the other cities around us are

[1:17:32] doing and but I'm hoping that the decision tonight or the direction is that it's based on

[1:17:39] the value that's specific to process.

[1:17:40] My recommendation would be that we ask the chief and his staff to put together a performance

[1:17:48] report, where we can look at the number of investigations that this software has helped

[1:17:54] assist in, if there were stolen vehicles that were located, if there were arrests or charges

[1:18:01] that were supported by utilizing this software, that we can point back to that and show a clear

[1:18:07] picture of how this actually helped our police department.

[1:18:14] Would you go back on the screen on that screen, maybe 1, 2, 3, 4th vendor point.

[1:18:22] 4th vendor point.

[1:18:23] And there must provide controls for providing unauthorized sharing access, including access

[1:18:27] by unauthorized federal civil immigration agency.

[1:18:31] Is ICE considered authorized or unauthorized?

[1:18:34] Unauthorized.

[1:18:35] They are unauthorized.

[1:18:36] Unauthorized.

[1:18:37] So the information files go in here and they want information we don't give it to them.

[1:18:42] That is correct.

[1:18:43] That is the state law.

[1:18:45] Third one down.

[1:18:46] We're taking a longer than 21 days, subject to specific statutory exception.

[1:18:51] Those exceptions would be, for instance, if there's an active investigation going on.

[1:18:56] So they can keep the reporting correct.

[1:18:58] And then my next question is, and I think that's, we've always had this question is, who...

[1:19:08] No, so that is part of the rules that has recently changed is that there was a lot in the state about what is defined as a public record and what is not in the state ultimately actually I'm going to ask Ben to speak to this one specifically because there was some a Lakewood case law where Lakewood appealed and then one.

[1:19:32] the case. Ben, can you speak to that one? Sorry, I put you on the spot.

[1:19:37] No, because I didn't hear the question. She wasn't close enough to the microphone.

[1:19:42] Sorry.

[1:19:45] What are you saying?

[1:19:45] Record versus can an average citizen request the license plate readers report?

[1:19:57] they can request anything they want. Whether or not they will be able to

[1:20:08] receive that is a different story. Typically, that in Lisa Washington State is

[1:20:15] considered personal private information, so that would not necessarily be

[1:20:24] accessible to the public. Part of the reason is, well, there are a number of reasons, but

[1:20:34] similar to health or private information that could identify a person from the public

[1:20:41] who is not under investigation or during an active investigation are things that can be

[1:20:50] redacted in those responsive records, but

[1:20:59] if there was a license plate that was allowed

[1:21:10] to go through in a responsive record, if that license plate was attached to personal

[1:21:19] identifiable information, for instance, my name, my address, my license plate, that would

[1:21:26] be a very likely opportunity for someone to file a complaint because there was information

[1:21:39] given that should not have been given by whatever the jurisdiction was that gave out that information.

[1:21:47] So, I mean, it longs for a short to say that none of that information will get out or that it can't, it shouldn't.

[1:21:55] But those things do happen.

[1:22:01] Oh, really?

[1:22:02] So it's not definite, no.

[1:22:05] Yeah, I mean, there's various ways.

[1:22:09] Yes,

[1:22:12] but those ways also, I mean, it's similar to health information if it gets out.

[1:22:18] it could slip by and get out, but then there is a lot of liability that comes with that.

[1:22:26] So part of the update in the Senate Bill 60002 is that it defined license plate information

[1:22:34] as no longer what is considered public information and not disclosed for the general public.

[1:22:41] That obviously came in effect after Council directed me to deactivate the cameras, so that's new.

[1:22:52] Also new in the rules is that only law enforcement that is authorized to request that information can obtain that information.

[1:23:03] So we locally have permissions that we can put in place within the system.

[1:23:08] Chief can say, for instance, that he only wants to share the information with our regional

[1:23:15] law enforcement, meaning out of state law enforcement can't just request the information.

[1:23:21] It has to be for an active identified investigation for law enforcement purposes only.

[1:23:28] So Chief can say, I select the city of Kennewick, the city of Richland and Benton County Sheriff's

[1:23:34] Office to share the information with if they request.

[1:23:36] So that's part of the changes that came in to play earlier this spring as well.

[1:23:42] Go ahead, Julie.

[1:23:43] Yes.

[1:23:44] Oh.

[1:23:44] I think you've had it sound a person.

[1:23:46] Okay, with that statement then.

[1:23:50] If you're picking on Kenwick,

[1:23:52] if Kenwick has permission to utilize earth lock.

[1:23:56] And they want to give it non-authorized.

[1:23:59] Can they do that?

[1:24:00] No.

[1:24:02] State one.

[1:24:03] That is it.

[1:24:05] Sorry, go ahead then.

[1:24:08] I think the big piece of that that may not be understood is any of those organizations

[1:24:18] can request the information.

[1:24:20] The state has said, all right, cities, you are not to give that information out.

[1:24:27] So if ICE or Texas State Patrol calls, if they are not authorized, and some of those

[1:24:35] Authorizations are the state to say, I believe most of those are just federal agencies.

[1:24:43] But the state may also have, this is what I don't recall fully, is may also have said

[1:24:51] if those agencies allow federal agencies access to their information, then they are unauthorized.

[1:24:59] And so that is where the state has stepped in and said, this is what we are not going

[1:25:08] to allow.

[1:25:09] And that is outside agencies, specifically federal agencies, access to these records

[1:25:17] through our jurisdictions.

[1:25:22] I think this is a non authorized federal civil and immigration agency.

[1:25:27] How come they keep arresting people?

[1:25:30] Perhaps they're getting leads elsewhere. I'm not sure that we can answer that question.

[1:25:37] Not using flock.

[1:25:39] Yeah, it's not coming from Washington.

[1:25:41] Well, presumably it's not coming from Washington.

[1:25:46] Jurisdiction's flock camera information.

[1:25:49] Yes, that's an important note that this is specific to Washington state law.

[1:25:53] I have a question. So I thought we already voted that we wanted to get rid of

[1:26:00] a flock cameras. So are we bringing this back up? Or I guess I'm not sure.

[1:26:05] So when we spoke in January, the direction at that time was to deactivate the

[1:26:13] cameras. And then I committed to bringing this back to council prior to

[1:26:18] council budget discussions. We have a contract with them until November

[1:26:25] of this year. When we had initially discussed that two year renewing that two year contract,

[1:26:32] we had some members of the community who came and spoke to us about their concerns about the

[1:26:36] cameras and at the time the concerns that the residents had and some of the council members had

[1:26:46] were that other agencies outside of our police department could potentially have access to the data

[1:26:53] And we were told that absolutely not, only our police department can look into the data

[1:27:00] and only to investigate a suspected crime.

[1:27:05] And since that time, we have found out that not only did a federal agency access the data

[1:27:11] without our police department being aware of it, but a Texas Sheriff's Office out of Johnson County,

[1:27:19] Texas access process data looking for a woman who had had an abortion in Texas which is illegal

[1:27:26] in Texas and they were looking for her and they looked for her in our database without the knowledge

[1:27:31] of our police department. Not just our other tri-city agencies as well. So I'm concerned we had

[1:27:40] these questions they were answered and then we saw activity completely to the contrary of what had

[1:27:48] been answered to us to suage our concerns. So to me, it seems like more about that. I'm not

[1:27:56] understanding. Meaning we had asked, can this data be used by anybody other than our police

[1:28:01] department? They said, no, absolutely not. And then we found out that it was used by multiple

[1:28:04] agencies outside of our police department. If you recall what I reported during that time,

[1:28:10] what occurred is there was a software update. And through that software update, there was

[1:28:15] I don't know how to describe this very well, other than to say a switch was toggled on during

[1:28:23] the update that was not in control of our, it was not in our control. When that was made aware,

[1:28:33] I brought that to you guys and that's when you told me to deactivate. So we were told by

[1:28:39] a block that that was not something that could happen.

[1:28:42] It happened through an update, a software update.

[1:28:47] There was, there was, there was, they have put safeguards

[1:28:50] in place.

[1:28:51] The vendor has told us that that would not happen again.

[1:28:55] The safeguards considering we were concerned

[1:28:57] about the exact thing that ended up happening,

[1:29:00] the safeguards could have and should have been in place

[1:29:02] already and they were not.

[1:29:04] So, we are spending $3,000 per camera per year just to use the software just to rent the service.

[1:29:15] I think the track record is poor here, and I feel like those funds could potentially be used

[1:29:22] in a better way within our justice funds. There's other things that we can do with that.

[1:29:32] We can put

[1:29:32] that towards preventative youth recreation, like there's many other things that we can do to improve

[1:29:37] public safety in our community that doesn't involve giving this company with a poor track record

[1:29:42] more of our public dollars. Yes. When that report came out from the researchers that you dab

[1:29:49] that put the article together, they were able to obtain the information through a records request.

[1:29:54] That's how they identified, that's how we were made aware that essentially our data was breached.

[1:30:00] It was not something that internally we had any control of or were even made aware of by flock itself. So yes, I'm an agreement. I have a question, Gary. Go ahead, Bill. Okay. So, so what what the plan is before we before we vote on it in in council is is to get a report from from the chief and and get all get all the information that's available.

[1:30:30] available as far as as far as what the floor camera are our vote itself. I think I think that that will be imperative in order for me to reconcile what's what's going on here anyway.

[1:30:45] And when are we anticipating that to be done?

[1:30:49] That is up for discussion tonight. So that's part of the next slide is I have a decision matrix in there.

[1:30:57] You guys direct me if that's something that you are interested in in order to come to an informed decision.

[1:31:05] Then I will work with chief and his staff to get that information.

[1:31:09] I can tell you it is no small task.

[1:31:12] No, this is important, there is a lot of people in the community that don't want anything

[1:31:19] to do with it because of the privacy issues.

[1:31:23] And like Maricella just said, if it happened before, it can happen again.

[1:31:29] So all that has to be taken into play, but we certainly need to know the positive information

[1:31:35] as in what it's done and what it can do.

[1:31:55] Okay, so we talked about the recommendations, the conditions that the transitions. I think we went over that. The decision matrix. I don't need to read that to you.

[1:32:06] So, you know, there's pros and cons again listed and the factors, the things that we need

[1:32:13] to take into consideration.

[1:32:14] Public safety, privacy, legal compliance, the cost associated with it.

[1:32:18] Public trust, we've heard from a number of citizens both here in the council meeting written,

[1:32:25] as well as our social media.

[1:32:27] And I can say that that's true of all of the agencies that are using this type of software.

[1:32:35] So if we can skip forward to what the other cities are doing, so I just took a quick look at some of some of the cities.

[1:32:47] So the city of Tuck Willa ultimately decided to renegotiate their contract with flock and aligned it with the house bill with the new changes or excuse me, the Senate bill.

[1:32:59] Brenton did the same. They described block cameras or the automated license plate recognition as an investigative tool that emphasized access controls audits and deletion requirements and ever it the same on the contrary. Redmond decided to suspend all of their use of the cameras and terminate its contract and its entirety their council voted 70.

[1:33:29] role. Walla Walla, very similar to Procer, deactivated or suspended their cameras in January

[1:33:39] and have not removed their equipment to date, very similar to us.

[1:33:47] And exactly is the contract over November 1 or November 30?

[1:33:51] Oh, I think I included it in the information that I provided to miss.

[1:34:04] I pulled out. I don't

[1:34:05] I don't know if it's November 1st or November 30th,

[1:34:08] but for some reason, November 26th is sicking in my mind.

[1:34:12] Thanks for giving me your hungry.

[1:34:13] I know.

[1:34:14] I don't even know if it's going to be fine.

[1:34:18] Just curious, because if we want to get that report

[1:34:20] and it takes a long time, do we, you know?

[1:34:23] Correct.

[1:34:24] Yeah, I will definitely have that day.

[1:34:26] It's in front of me.

[1:34:27] I'm skimming the agreement.

[1:34:29] But the requirement to terminate the contract

[1:34:33] Act is 30 days prior to, so it's coming up very quick.

[1:34:38] Two weeks.

[1:34:42] I'll get that date for you.

[1:34:44] Okay, so that is that,

[1:34:49] okay, so Council reactivates the cameras.

[1:34:54] The consideration would be $55,000 for 2027, and we would have to go through a number of

[1:35:03] requirements to come in compliance with the new Senate bill and also put together a policy

[1:35:09] that we would bring forward to Council for approval as well. That ultimately goes to the state

[1:35:14] for approval. If we canceled it, we would not include the 65,000 specifically for this and

[1:35:23] Council could opt to redirect those funds to another Council priority as Council member Sanchez

[1:35:29] suggested and we could consider and investigate or excuse me investing in

[1:35:35] alternatives for public safety.

[1:35:42] I put together a number of questions for

[1:35:45] council to consider when making this decision. Those questions are in front of

[1:35:51] you. I'll read them if you want. I don't think we have answers to them Rachel. I

[1:35:57] I sure don't know.

[1:36:00] Number one.

[1:36:00] I agreed.

[1:36:01] Yeah.

[1:36:01] So I think we need the Chiefs report.

[1:36:07] And one other thing.

[1:36:09] I just want to mention,

[1:36:10] Tuck Will and Renton.

[1:36:12] I worked with the Seattle Transportation.

[1:36:15] And there's some very serious criminal activity going on in those communities.

[1:36:19] So, you know, I can see the benefit.

[1:36:21] And I know we've got issues here as well.

[1:36:24] But those two towns have some really serious.

[1:36:28] So I can see where that would be.

[1:36:29] Probably a big benefit to them.

[1:36:31] So, I don't think those are necessarily comfortable to prosper.

[1:36:35] Yes.

[1:36:37] Agreed.

[1:36:39] Rachel, when would we put a timeline on the report, the data from FLOC, from the place department?

[1:36:52] So, as I mentioned, getting this report and this data is not easy, particularly,

[1:37:02] early because as I mentioned earlier, the bad guys don't know when they cross city limit

[1:37:08] lines, right?

[1:37:09] And so some of the times when flock has been utilized by, for instance, Benton County

[1:37:16] Sheriff's Office, our agency provides a lot of backup to Benton County Sheriff's Department.

[1:37:24] And so when flock is utilized out in the county to help support investigating a crime, although our guys might have supported that call or whatever it was, we can't necessarily track the camera use.

[1:37:43] So it will require staff to go through a number of records and a number of

[1:37:48] of investigations to pull that data.

[1:37:54] So I would defer to Chief to talk about his staff's capacity

[1:37:59] to pull that, and I would also invite Chief

[1:38:02] to come up and speak about his recommendation

[1:38:05] for his department about the software.

[1:38:08] I think part of the data we were looking for come up, Chief,

[1:38:12] is anything specific that was.

[1:38:19] where the cameras were actually used, the data.

[1:38:24] First, do you guys have any questions from me?

[1:38:28] Here's a question when I was just speaking to,

[1:38:33] is there data available from our block database

[1:38:37] that you can draw a bright line from a particular crime

[1:38:44] or a particular offense that happened and that we can go right to the database and say we used

[1:38:52] flock for this particular crime or investigation. Not that I know of. I don't think we have a search

[1:39:01] mechanism that can just automatically capture that information, but I'll talk to Christy. She's

[1:39:07] to know it all on that. She'll be the one to clearly answer that question.

[1:39:10] All right, because my thinking is, and you go to Christie and do the question, my thinking

[1:39:15] is that flock hasn't been used a lot, correct me if I'm wrong?

[1:39:21] You're correct about that.

[1:39:22] In the, as a tool to solve crimes or be part of investigations.

[1:39:31] That's right.

[1:39:32] Okay.

[1:39:32] By the time all 20 cameras were made operational and the time frame that Council directed

[1:39:39] us to deactivate them was less than a year. So, not a whole lot of... When we discussed it,

[1:39:46] I remember one of the incidents that was reported to us as a plus, like hay flock helped us to

[1:39:52] solve this crime, was the... There was theft of some sort of a recreational vehicle, like an ATV

[1:39:59] or a four-wheeler snowmobile, something like that. But the recreational vehicle was from

[1:40:05] house outside of city limits, but that that was presented to us as like look it

[1:40:10] helped us to track down this stolen item and we were able to get it back to

[1:40:16] its owners.

[1:40:19] Why is the city paying 65,000 a year to me that didn't seem like a

[1:40:25] good use like a good tradeoff like it's a lot of money that we're putting in.

[1:40:33] I'm

[1:40:33] that crime didn't even happen within city limits.

[1:40:37] Another one that caught a little bit more limelight,

[1:40:40] of course, was the illegal dumping at Jubilee Ministries.

[1:40:43] And that was a very

[1:40:48] case that we could point

[1:40:50] to the use of flock cameras to help solve the crime.

[1:40:53] What I'm the point that I was making is,

[1:40:59] I don't think it's gonna be terribly complicated

[1:41:02] to do this report because there's not a very many instances

[1:41:05] where there's a bright line drawn to the use of these cameras.

[1:41:09] It is complicated, Rachel is correct to sift through all that information,

[1:41:15] but I don't think that we're going to see a big report

[1:41:20] that outlines flock with investigations and crimes.

[1:41:27] Anyway, we've got to have a line around the time frame.

[1:41:30] We've got to have the information and that's why I said,

[1:41:33] If it's November the first, it's coming right up, you know that doubt has got to get to to council now kind of interrupted you chief my apology you have an opinion on this or opinions.

[1:41:53] I spoke to Chrissy today, Scott or rate and Tom Forsyth on this.

[1:42:00] There's a lot of negative, negative publicity around the misuse of flock by law enforcement.

[1:42:08] And right now, the consensus of the police department of those three other individuals

[1:42:14] is that we do not move forward with flock.

[1:42:18] All right.

[1:42:19] My idea behind it is, I'd rather put that money towards patrol officers instead of

[1:42:27] technology. I believe that's where the money needs to be located.

[1:42:32] Well, any questions for Chief or comments?

[1:42:37] Thank you.

[1:42:41] Thank you. Thank you, Chief.

[1:42:44] All right. Did you have any other slides to go through Rachel?

[1:42:48] No.

[1:42:50] So what we're looking for from Council is some direction.

[1:42:59] on, and what I've heard so far is, let's look at some data, let's look at some reporting.

[1:43:06] Well, a lot of my decision is going to be going off of the chief.

[1:43:09] Yes.

[1:43:10] His recommendations, to be honest with you.

[1:43:13] Okay.

[1:43:13] So it depends on that data.

[1:43:17] If it's different than what the chief wants, or recommends, I guess it's a better word.

[1:43:29] It's going to be hard for me to go against the will of the chief.

[1:43:32] Very well.

[1:43:33] First data.

[1:43:34] I mean, he couldn't think of anything.

[1:43:35] I'll talk to this head that was like, oh, wow.

[1:43:37] Look at what you brought.

[1:43:38] You brought the biggest one up.

[1:43:40] Thank you, Bill.

[1:43:41] See ya.

[1:43:42] Jubilee.

[1:43:43] Yeah, that was big deal.

[1:43:46] All right.

[1:43:51] Any recommendations on directions to get to a decision council?

[1:43:58] I don't think I need to see report from the police department.

[1:44:03] The either.

[1:44:05] Could we say it on that time if we're not inclined?

[1:44:09] If I crime.

[1:44:13] I'm hearing three council members count. What was your? I don't need a report. Okay. That's four. I don't need flock.

[1:44:21] You don't need flock. All right. So this was discussion. Yes. And we will bring back an action item for you.

[1:44:34] you guys ready to take action. Sounds like it to me. Okay, very good. We'll bring that back at the next council meeting and I'll work with Tony to potentially allocate the 65,000 and bring options for you guys that'll come through the budget discussions.

[1:44:56] I thought it was the right minute.

[1:44:57] There you go.

[1:44:58] So the funds for the-

[1:45:00] Our criminal justice funds and council is currently reserving all of those dollars for the police station project. So we will allocate or we continue to reserve those for the police station project until that is complete. Very good. There probably will be some more input from the community. It's pretty, it's pretty passionate on both sides. But regardless of that, we will bring forward an action item.

[1:45:29] for council. Julie. I'm sorry. So we had a drone fly right over the back of our building the

[1:45:38] other day. And I guess all this brings up for me. Is that legal to do? I thought you couldn't do

[1:45:45] that. I drones in the city of browser over private property.

[1:45:52] I am not aware of anything in the PMC

[1:45:55] that would preclude drones from flying around.

[1:45:58] Okay.

[1:45:59] Also, if somebody is sunbathing, like we have young women that play out there and sunbathe

[1:46:04] that's legal.

[1:46:06] Well?

[1:46:06] Do you know if it's against the law?

[1:46:18] Do you want to come repeat yourself, John?

[1:46:20] Sorry.

[1:46:21] Sorry.

[1:46:21] Expectation of privacy.

[1:46:23] So, the question is, is there anything on the books that would prohibit drones from flying

[1:46:32] over private property?

[1:46:33] I don't believe so. I'm not an expert on private phones at all, but at this point I do not think so because otherwise we get constant calls on that.

[1:46:45] Yeah.

[1:46:47] Thank you.

[1:46:48] Yeah.

[1:46:53] All right.

[1:46:54] Council. Thank you. Is there anything else for the good of the order? Hearing none, then we shall

[1:47:03] Ella, I'm sure.

[1:47:04] Thank you.

City Council Regular Meeting

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