2002, 10-17 Candidates Meeting Minutes ti
City of Spokane Valley
City Council Candidates Meeting
New Valley Sheriff's Substation, first floor
Thursday, October 17, 2002 - 6 p.m.
The City Council Candidates Meeting was called to order by the volunteer Facilitator,
Gregg Dohrn, and commenced at 6:09 p.m. A quorum was present.
All 14 of the City Council candidates were present at the meeting:
Diana Wilhite — Position 1 Gary Schimmels — Position 4
Deanna Hormann — Position 1 Richard (Rich) Munson — Position 5
Ed Mertens— Position 2 Joan McCurdy — Position 5
Steve Taylor — Position 2 Janine Eldredge-Underdahl — Position 6
John G. Kailas — Position 3 Mike Flanigan — Position 6
Mike DeVleming — Position 3 Dick Denenny — Position 7
Dick Collins — Position 4 Louis Sims — Position 7
Opening Remarks
Gregg Dohrn extended a warm welcome to all in attendance. He explained that the purpose
of these Candidate Meetings is to lay the groundwork for the establishment of the new City
,and commended all of the 14 Candidates for their demonstrated leadership and spirit of
cooperation to date in dealing with administrative issues that would serve the community as
well as the elected Council prior to the Election, and that this was time well spent.
Meeting Topics of Discussion:
1. Tour of the new Valley Sheriff's Substation (12710 East Sprague Avenue)
Sheriffs Captain Cal Walker led a group tour of this new facility and was thanked.
2. Approval of the Minutes from October 10, 2002 (held at Redwood Plaza)
A motion was made by Mike DeVleming and was seconded by Dick Collins that the
Minutes be approved, and the motion unanimously passed.
3. Presentation by Stan Finkelstein from Association of Washington Cities
(AWC), Olympia, Washington
Dick Denenny introducer Stan Finkelstein, Executive Director, who gave a thorough
presentation on ACW's services. Carol Greene, Director, Local Government Personnel
Institute, was also in attendance. AWC is a non-profit membership organization with
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39 employees. They assist all 230 cities and towns in Washington State in a variety of
ways, including publications and resources, technical assistance, educational training,
legislative representation, and several member programs such as property and liability
insurance and employee benefits. They would be willing to give us bids for property
liability and other insurance services, should that be requested.
Since 1990, there have been 15 new incorporations and the City of Spokane Valley
(with a population of 81,000+) is the largest incorporation in the State's history, and
most likely one of the five largest incorporations in the United States in last decade.
The only exception is the City of Centennial (near Denver, Colorado), which
incorporated a year ago with a population of 110,000. Generally, most cities
incorporate with populations from 2,500 to 50,000. Issues addressed included:
- Interim Financing and Budgeting - Possible avenues for immediate funding are
financial institutions or Spokane County (on an interest basis). He recommends
examining all options by finding out from other large jurisdictions when they
incorporated as to what their resources were and by contacting financial institutions
for financial assistance at very low interest rates. During the interim transition period,
there will be no taxes imposed and no revenue flows due to the passage of I-695,
although the law does recognize the need for interim funding and provides for the
issuance of tax-exempt anticipation notes. Virtually all new cities have started with
interim funding and had no bank account or revenue flow (including sales tax,
property tax, State-shared revenues, and the like); however, our City has a very good
income tax base.
Additionally, a facility will need to be secured and good-condition office furnishings
and supplies will need to be procured (the Administration & Finance Transition
Committee has already thoroughly researched). Three budgets will need to be
adopted prior to the incorporation, including an immediate budget for the remainder
of 2002; the second budget, from January 1, 2003 through the incorporation date;
and thirdly, the incorporation date through December 31, 2003.
Immediate budget (for the remainder of 2002). This would include immediate
needs such as consulting services, staffing, hiring the interim City Attorney, interim
City Manager, interim support staff, and other services necessary to facilitate the
transitional process.
January 1, 2003, to the official incorporation date of February 28 or
March 31, 2003 (he favors the latter). There is limited time to develop the first
year's actual operational budget when the City has been incorporated. The law
provides that this budget must be developed at least 60 days before the
commencement of the period in which the City will be operational. This budget for the
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first 9 or 10 months is very critical, as it will be a reflection of the vision that everyone
has in creating the new City.
The opening of any effective budget presentation is a "budget message,"which lays
out a budget that will meet the needs of the citizens and a common understanding of
the Council-Manager form of government. Policymaking decisions of the elected
government should reflect the desires of the community, with their visions for the
future and would also include a mission statement, goals, and values. Utilizing these
four elements, the budgets should be designed with these things in mind to reflect the
needs of the citizens; and to keep in mind that the world will not change overnight
during this transition time. The budget message should also discuss how the City will
evolve over time, explains the budget document, outlines the sources of revenue,
fiscal and expenditure policies of the City, and longer-term visions in terms of capital
improvements. The first budget will probably not have many capital expenditures. It is
important to not underestimate budgets. Determine what services will be provided for
in the budget. Some examples of this are: law enforcement protection, local services,
enhanced roadway maintenance, law enforcement, library service, public works, land
use, parks. Then decide what is the Vision of the City of Spokane Valley, what do you
want to be in 5, 10, 20 years from now? One way to do this is to bind the people
together with a common thread for a shared vision.
He suspects that the City will contract out for most services (as do most other new
cities), at least initially. It is his understanding that there have been a series of
ongoing discussions and relationships with the Spokane County Sheriff's Department
for services; it is probable that a law enforcement department cannot be created right
away. Establishing an identity and City presence is very, very critical to the transition
process; the focus of attention should be on determining a City Hall facility and City
police vehicles with a City logo.
- Optimal dates for incorporation: Most cities in the recent past have chosen
either August 31 or February 28, due to the following reasons: (1) They can impose a
property tax on the first month of any month of the year (in any of the 12 months);
and (2) Capture a larger share of the allocation of the Motor Vehicle Excise Tax for
State-shared revenues (includes motor fuel tax allocations and liquor taxes) when it
was in place.
However, due to changes of the law, jurisdictions must then perhaps choose another
date. Services such as law enforcement and street services need to be provided for on
the date of incorporation. This could be paid with property tax receipts. Therefore, Mr.
Finkelstein recommends a March 31, 2003, incorporation date. Sales tax would take
effect on April 1 and significant property taxes would start being received sometime in
late April and May. The County gives us 40% of the property tax and the City is then
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relieved of certain service obligations. It is advantageous to time everything in such a
way that these revenues are received in 60 days to receive this 40%.
The decision as to which date is chosen for incorporation does not need to be made
right away, only after the Council is formally elected. When the interim staff is on
board, have them examine all of the fiscal implications of which date is better. He
suggested that the interim staff could talk to local service providers and see if there
are contract advantages for either February 28 or March 31, 2003.
Incorporation creates a major dislocation, without question, for the County. He
recommends negotiating how that the transition will occur in terms of costs and timing
of services.
The process of incorporation is extraordinarily intense, with many long hours! He
mentioned two newly incorporated cities that chose to include the citizenry in their
decision-making process, but only through the transition process. However, there
could be a downside, with the development of expectations as to outcomes.
Collaboration involves a lot of compromise and understanding in governmental
decisions. Recognize that there is a distinction between the making a public policy and
the implementations of that policy.
- Lessons learned with other newly incorporated cities — He feels that the City
of Spokane Valley is the best-financed City to be incorporated since 1990, especially
due to the relative lower cost of living than in the Puget Sound area and will not have
to rely on additional taxes. There should be no noticeable changes in the near future
for services that are currently being provided.
The transition process is very intense! There will be an incredible number of
ordinances and resolutions to be passed. One suggestion he has is getting the
transitional plans from other large cities that have incorporated in the recent past is by
asking Bob Jean (University Place), Steve Anderson (Kenmore), and the Cities of
Federal Way and SeaTac.
There will be many new responsibilities, have confidence in your colleagues, delegate
responsibilities, and put the burden on the shoulders of your interim staff. All contracts
are negotiable with the public works contract, law enforcement, parks, fire district,
during the first year, and every other sub element, including the legal aspects of
incorporation, etc. Creating subgroups within the community and/or Council will help
to understand particular disciplines. The elected Council should decide whether or not
to involve the citizenry in these transition decisions.
Key elements of transition — Hire the best staff people you can find! He
recommended the staffing services from Waldron Resources or the Prothman
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Company. The Interim City Council can define the job responsibilities for the interim
City Manager. After incorporation, the law defines the responsibilities of the City
Manager. An exception to this is extending an interim position for up to 60 days after
incorporation with narrowly defined responsibilities. Find someone who you have
confidence in and who understands the nature of municipal government. Whether or
not this is the right candidate on a full-time basis after incorporation will need to be
determined. There may be a difference between interim managers (most likely semi-
retired or in transition) and permanent managers.
Most important transition decision in the first year of operation — Establish a
realistic compensation program for staff in the first year, determine what are the
appropriate levels of compensation. Carol Greene from their office can provide a
statewide salary schedule or by obtaining a salary scale from MRSC. Turnover of
staffing happens if the benefits are not good. Have confidence and respect in your
staff, giving them appropriate compensation.
Opinions/advice he received from Bob Jean, Linda Montgomery, and others, regarding
incorporations in other larger cities. Their suggestions included:
Decide early on what do you want our City to be and develop a vision. There
should be an agreement with the common vision between the Council and the
citizenry.
Keep track of all people who were involved in transition process who were not
elected to office. May want to have them serve as volunteers in your committee(s).
Be realistic about your revenue forecast.
Make sure to spend enough money to hire the right consultants. Spend the money
wisely, but get the best level of service.
Establish a positive and good working relationship between the citizens, Council
and staff. Act as agents of the citizenry. Represent what the citizens are concerned
about, what are their expectations, what are the political realities? Reflect what it
is the community is all about.
Recognize between policy-making and politics. Hard feelings may result when there
is a blurring of the roles between staff and the elected officials, please be
professional.
Prioritizing — Establish reasonable priorities that reflect your shared vision of what
your responsibilities are in terms of making policy and be realistic, identify priorities
and don't fail to communicate to the staff, otherwise there may be unexplained
expectations and people will flounder.
City Managers have to make sure whole system works; they will get calls at home
during the night. The Mayor Pro Tern from University Place said it was the greatest
experience ever personally encountered, it's like raising a child from infancy to full
maturation, the process is intense, rewarding and actually worked with a positive
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outcome. Bob Jean from University Place recommended that the community be
actively involved during the transition process and keep them up-to-date on a periodic
basis through the press and community forums, and every other mechanism where
the public can be involved. He says if we create citizens advisory committees, they are
advisory only for the governmental authority. Expectations can be created if
recommendations don't materialize.
Bob Jean uses a term called "chunking"- creating manageable levels of work. Look at
economies of scale and how you can get the maximal value for the investment.
Develop a realistic and flexible budget, insulate yourself from budget dislocations.
Build up enough reserves to weather an economic dislocation. Insulate yourself from
that. Sales tax heavily impacted.
Rich Munson asked what is the average size, as far as populations, of self-insuring
cities for property liability and for an employee benefit program? Right now there is no
fully self-insured property liability and cautions against it, due to massive lawsuits, and
you don't want to deal with that. The City might want to explore self-insurance after a
while. Look initially at a municipal pool for rates, whether their's or Washington Cities
Insurance Authority (very competitive rates).
For employee benefits, Mr. Finkelstein recommends contacting Regence here in town
for an indemnity program, as they set up premium rates. If the premium rate
generates $90M a year, it costs $87M to provide the benefits and administration costs,
and they get back $3M. If the premiums cost $92M, they pay out of reserves the $2M
and they have $25 in managed reserves and $200 million in asset reserves that are
unmatched. Mr. Finkelstein would be happy to provide us with some people who are
knowledgeable in this area. He mentioned that he also has available a series on their
risk management program. When the City is fully staffed down the road, it might want
to look at alternative forms of employee benefit coverage. He said that larger cities
such as Seattle and Yakima do self-insure, but there is a recent change in the law that
requires the additional coverage for retirees, so the City may not want to do this until
a reserve is built up.
A question was asked from a gentleman in the audience. Mr. Finkelstein was thanked
for his very good presentation and asked him about an oral description of a critical
path for drop dead dates for the citizens and the citizens who are running for office,
and he wanted to know if there is a printed version of this critical path available. If it's
available, he thinks it would be very helpful. Mr. Finkelstein replied that there are
transition plans for Kenmore and University Place (Steve Anderson from Kenmore has
it and it is very well done) and recommends contacting them.
Mr. Finkelstein concluded by saying that AWC provides free membership to all new
Cities in their first year of incorporation and entitles them to attend all of AWC's
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various events and conferences, including a conference in Spokane in June 2003.
Mr. Dohrn thanked him for his presentation and added that AWC has the research
various materials, legislative support, and the ability to call them to get questions
answered is outstanding. Mr. Finkelstein's email address is: stanf( )awcnet.orq.
4. Banking Services for the City
Diana Wilhite introduced representatives in the audience from the following banks,
who presented a brief overview of their banking services: Bank of America, Farmers &
Merchants, State National Bank, US Bank, Washington Trust, Wheatland Bank, and
Sterling Savings Bank.
Mike Flanigan asked Farmers & Merchants Bank about revenues and taxes on the
banks for companies that are headquartered outside of this area and asked if they
would lose tax revenue. F&M pays a B&O tax to State and pay an employment-based
tax to the City as part of their licensing, something that the City of Spokane Valley
may or may not decide to do a business license but the City of Spokane has it. They
have no sales tax per se on their products, so they pay the Federal Government and
the State for B&O taxes.
5. Presentation of Possible Consulting Services by Dawn MacNab and Fred
Pabst, Waldron & Company, of Seattle, Washington
Dick Denenny introduced Ms. MacNab and Mr. Pabst. They gave a presentation to
discuss the possibility of contracting for interim consulting services with the City. They
stressed taking an approach of partnering and finding out the needs/requirements of
our city. Waldron is one of the oldest executive search firms specializing in public
sector and nonprofit organizations and have been in business for over 20 years,
serving a number of other city incorporations with offices in Seattle, Portland,
Scottsdale, and Salt Lake City. They have worked with the cities of Woodinville and
Burien, as well as other city startups.
Ms. MacNab expressed her congratulations. She stressed the importance of quality
and integrity by having a great partnership-type relationship with them. They want to
get to know who we really are by utilizing a teamwork approach. What type of culture
is being created? What is it we want in a candidate? When this has been decided, then
they can provide us with candidate options and listen to our particular needs before
they prescribe. They want to make sure that our needs are met with the right
individual and they don't want to make assumptions about what we might need. She
offered that they would be willing to start the interim city manager search and would
pay their salary and expenses if they received the full city manager search to show
goodwill and their interest in a partnership.
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Mr. Pabst said there are various processes involved with searching for a permanent
city manager search. First, they would listen to our needs. They would want to meet
with the Council members to get information such as: what are the issues, what is
critical, why did we incorporate? A profile can then be made for a position specification
and they would start networking with candidates who meet our specifications. There
are various recruiting methods, what kind of search do we want?
A cover letter would include supplemental packet information with specific questions
that are screened for the top candidates. Waldron offers a 2-year guarantee with the
candidate we select and if, for whatever reason, they leave for any reason, they would
still honor this guarantee.
The interview phase would be designed with all of us in mind, in an agreed-upon
process, and identify the people that will be the best competitive candidates. They
would schedule the candidates for an interview. Background checks, reference checks,
educational references, and press screens are all conducted to insure there are no
surprises later on in the process. It's a matter of who we think would be the best
person for this position and determining if that person would be successful. They
recommend starting the permanent search as quickly as possible. How long does the
search take? Normally it takes 90 days, from start to finish, to get through the final
interviews. They mentioned they would like to meet some people who were against
the incorporation effort to gather more information.
Rich Munson asked about the process for interim staffing. They would present three or
four individuals and are working for us and with us, not hiding flaws. They want to
make sure the candidate match is a very good one, whether for an interim or
permanent position. They would start with an interim person and then launch into the
full search for permanent staff.
Once the Interim City Manager has started working, they will then determine the
interim team. The City Manager's salary will be offered on a gratis basis and they are
willing to float the payroll until the permanent positions are handled and said they
have the financial backing.
Mike DeVleming asked if they had brought any examples of what we are looking at.
They had not, because they explained they don't know all of the particulars for the
specific positions. There are many unknown variables, but would be willing to get the
information to the Council Candidates in a few days.
Rich Munson asked them about how can we talk and when? They would like some
budget numbers. Ms. MacNab responded by asking if the City wants to contract with
certain positions such as fire, police, parks, etc.? Mr. Munson would like to see a
standard package for both the interim services and permanent searches. Ms. MacNab
said they would follow up with this information via email and include some references.
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Dick Denenny asked about the candidates for City Manager, when do we want them to
come over? They replied that we would decide and then determine whom we would
like to interview. The compensation rate is a standard percentage of 25%, although
travel is a wildcard. They were thanked for their presentation.
6. Attorneys Interested in Providing Law Services to the City
Diana said she has received various proposals from local attorneys, all of which had
different interest level in legal services. To date, she has received written proposals
from the following attorneys:
1- Witherspoon Kelley Davenport &Toole — Stanley Schwartz, interim and possibly
some opportunity for permanent attorney services
2- Jim Sloane — interested in providing interim services on a consulting/collaborating
basis with whoever is chosen or in supporting primary interim attorney;
3- Rocco Treppiedi- interim consultation and teammate interim services;
4- Preston Gates & Ellis — Michael Ormsby. Contract lawyers who specialize with
municipal finance and bonding issues;
5- Feltman, Gebhardt, Greer & Zeitmantz —John R. Zeimantz, contract for outside
litigation services;
6- Larry Winner— interim and/or permanent City Attorney;
7- Cary P. Driskell — end of transition period and leaning towards the permanent
City Attorney position. He will provide more information later.
8- Lukins & Annis— provided a one-sheet of information and will get information
later; looking at outside services. Wants to make sure there are no conflicts of
interest; more information may be forthcoming.
9- Paine Hamlin- Diana to call them.
10- Herman, Herman &Jolly — recommended. Diana to follow up.
Mr. Dohrn recommended discussing the next steps at next week's Candidates
meeting.
7. Next Candidate Meeting Date/Time
The next Candidate meeting is scheduled for Thursday. October 24. at 5
p.m.. at Freeway Center, 11604 East Indiana. The District Courts will be
making a presentation starting at 5 p.m. It is requested that all candidates,
be present no later than 6 p.m. for the general meeting.
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8. IFollowuD Items
Swearing-in Ceremony Date —The Communications Transition Committee is
planning this event at the DoubleTree Hotel in the Valley. A starting time of either 7 or
7:30 p.m. on November 20 was suggested. Gary Schimmels explained the oath of
office certificate, that it could be administered with the duly authorized
representative(s), such as a Judge or the County Auditor. Mr. Dohrn suggested the
verification of this information and the sequence of events should be followed up with
Jessica Suiter at the Valley Chamber.
How many judges will be there be to help with the Swearing-In Ceremony?
Cary Driskell suggested that a few Spokane Valley Superior Court Judges would be
honored to be asked, and the Communications Committee should contact them. Ed
Mertens, Louis Sims, and Gary Schimmels suggested asking Judge Mike Patton.
Stanley Schwartz said that there was an inadvertent error on the last page of his firm's
proposal where the fees were quoted, as the transition period was misquoted and
should have read "November through March" instead of May through August.
9. Good of the Order/New Business:
• Diana Wilhite mentioned that the Valley Senior Citizens Center has invited the
Candidates to come talk with them on October 22 during the lunch hour (starting
around 11:30 a.m.); and October 29 was also suggested as an additional date in
case not all Candidates could be present on the 22nd. Diana will call them back to
follow up.
• There was a brief followup discussion on the presentation for contract services
presented earlier in the evening by Waldron & Company. It was decided to give
them a second chance for a presentation of their services, to be fair. They will wait
for the followup email.
There will be a Court Presentation starting at 5 p.m. on October 24 at the Freeway
Center. At 6 p.m. there will be a tour of the facility with the meeting following (all
candidates please be there by 6 p.m.!). Rich Munson wanted to know what they
will be discussing and Cary Driskell mentioned that the Courts Committee
Transition Team (which his is a member of) has been gathering information from
other municipalities in terms of a laundry list for different services to be contracted
for with number of different things, to help figure out what well want to take and
then decide the costs, etc.
• Mike DeVleming asked for donations for the Recording Secretary's out-of-pocket
office supply expenses.
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Adjournment
There being no further business, the meeting was adjourned at 9:23 p.m.
Respectfully submitted,
Karin Bosworth
Recording Secretary
Approved on
Followup Items:
1- Diana Wilhite to call attorneys firms of Paine Hamlin and Herman, Herman & Jolly
2- Mike Flanigan to call Jessica Suiter at the Chamber for more information about the
Swearing-in Ceremony that the Communications Transition Committee is planning
3- Diana will coordinate with the Valley Senior Center regarding opportunities for the
Candidates to meet with the Seniors on October 22 and 29 around the lunch hour
******************
Court District presentation at 5 p.m., at Freeway Center on 10-24-02 (optional for
Candidates)
Agenda Items for Candidate Meeting on October 24, 2002 -
starting at 6 PM, Freeway Center
1- Tour of Freeway Center— 6 p.m.
2- Continue discussions regarding City Attorneys
3- Further discussion on Contract Services
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the leading law firms in the Northwest. We are a full-service law firm with our main office
in Spokane, Washington and a branch office in Coeur d' Alene, Idaho. We employ over
forty(40)attorneys who are licensed to practice in Washington,Idaho,Oregon,Montana and
other western states.
The firm is rated"AV"which is the highest ranking given by Martindale Hubbel law
• directory. Many of our lawyers are recognized in their chosen fields in the Best Lawyers of
America and Who's Who in American Law. Throughout our history, members of our firm
have and continue to be leaders in various national, state and local bar associations. Our
lawyers are frequent and active authors and participants in continuing legal education
seminars for fellow attorneys.
We have the privilege of representing and performing work on behalf of numerous
clients with various needs and objectives. Our clients include municipal corporations,
special purpose districts, utility providers, financial institutions, profit and non-profit
business organizations and individuals. Witherspoon Kelley devotes time to the civic and
Diana Wilhite and
Spokane Valley City Council Candidates
October 17, 2002
Page 2
philanthropic community of the inland Northwest. We are general counsel to numerous non-
profit economic, medical, sport, entertainment and education entities.
II. ATTORNEY QUALIFICATIONS.
One of the primary reasons that Witherspoon Kelley is uniquely qualified to serve the
needs of the City of Spokane Valley is the skill and experience possessed by the firm
attorneys. The Witherspoon Kelley municipal law group consists of attorneys who have
practiced municipal law for a number of years. The following are brief biographical sketches
of the principal lawyers who would be involved in representing the City of Spokane Valley.
Resumes will be provided upon request.
Stanley M.Schwartz is the contract City Attorney for the cities of Liberty Lake and
Airway Heights. For the City of Liberty Lake, Mr. Schwartz performed the
interim/transitional work which led to the successful incorporation of the City in 2001.
Airway Heights is a Council/Manager form of government which, coincidentally, in 2001
transitioned from the Strong Mayor to CounciVManager form of government. This
necessitated'the revision and enactment of numerous ordinances, resolutions and policies.
For both cities, duties include general counsel services,. preparation of resolutions,
ordinances,contracts and other matters which relate to the conduct of City business. General
litigation services, except insurance defense, are also provided.
Mr. Schwartz also represents Williams Lake Sewer District, which is a special
purpose district(municipal corporation)of the State of Washington. Williams Lake is in the
process of developing a sewer system. Municipal issues include finance, public
procurement, public bidding, property acquisitions, and environmental compliance.
Recently, Mr. Schwartz was hired by Grant County as Special Counsel to provide land use
and environmental law services including related litigation.
in 1984, Mr. Schwartz graduated from Gonzaga University School of Law and in
2000 joined Witherspoon,Kelley,Davenport&Toole. For fifteen years,Mr. Schwartz was
employed by the City of Spokane as an Assistant City Attorney representing the city
departments ofengineering and construction services,capital programs,real estate,economic
and community development, zoning and planning, environmental programs, waste water
management and transportation. Mr.Schwartz began his employment with the City as a City
Prosecutor practicing before the Municipal and District Courts. During his tenure with the
City, Mr. Schwartz was involved in the development of many significant public and private
projects.
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Diana Wilhite and •
Spokane Valley City Council Candidates
October 17, 2002 -
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Mr. Schwartz worked in the Council-Manager form of government. He served five •
Mayors and worked with four City Managers and was responsible for drafting City
ordinances, preparing contracts between public and private parties (including interlocal
agreements)representing the various City utilities in their municipal or developmental issues
and structuring and completing numerous real estate transactions. In Mr. Schwartz's
representation of the City, he was involved in eminent domain actions, environmental law
proceedings, formation and assessment proceedings for LID's, annexation and numerous.
land use matters.
Stacy A. Bjordahl, Associate(Washington State Bar Applicant), obtained her law
degree in 2001 from Gonzaga University School of Law,graduating magna cum laude. Her
previous experience included working for Spokane County as a land use planner in both the
current and long range planning divisions from 1992 to 2000. She obtained the position of
Senior Planner and was involved in developing the Spokane County Growth Management
Comprehensive Plan. As a current planner, she had considerable experience working with
zoning and other development regulations and serving as the staff representative to the
Planning Commission. Her practice at Witherspoon Kelley is primarily focused in the area
of land use, real estate, environmental and municipal law.
Toward the end of the interim period, the City should consider hiring a staff City
Attorney. We believe it would be of great benefit to the City of Spokane Valley if the staff
City Attorney participated in the formation of the new city. This involvement would provide
an excellent foundation for the City Attorney including understanding issues which must be
resolved during the start up and first full budget year. It is proposed that during the month
of March 2003, the City of Spokane Valley consider employing Cary Driskell as the City
Attorney. Mr.Driskell will work with Mr.Schwartz in completing the interim work and may
rely upon Witherspoon Kelley for future services, as needed. The following is a brief
biography of Mr. Driskell:
Cary P. Driskell currently practices law for the Spokane County Public Defender's
Office. From mid-1996 to mid-2002,Mr.Driskell had a busy land use practice in the Valley,
where he was a partner in the firm ofTrunkenbolz I Rohr I Driskell,PLLC. While there,Mr.
Driskell represented many clients with cases involving the Growth Management Act, the
Public Records Act, the Shorelines Act, Spokane County's Comprehensive Plan, numerous
permitting issues, sewer issues, building code and zoning code interpretation, annexation,
and other local issues.
Mr. Driskell is very active in the community. He organized and operates a program
for at-risk youth in area middle schools for six years; he serves on the Gonzaga School of
Law's Board of Advisors;has been a guest instructor at the law school;has taught continuing
Diana Wilhite and
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Spokane Valley City Council Candidates
October 17, 2002 -
Page 4
legal education courses on the Public Record Act, and the Growth Management Act;
represents Spokane County on various Washington State Bar Association committees,
including the Court Rules and Procedures Committee. In view of his continuing efforts,Mr.
Driskell was named Washington State Young Lawyer of the Year for 2001 by the
Washington State Bar Association. Although Mr.Driskell no longer qualifies as a"young"
lawyer, he continues to mentor young lawyers, as well as volunteer in their public service
programs.
Mr.Driskell also worked hard for this community by serving as the Campaign Chair
for Valley Yes. His efforts, along with hundreds of other volunteers, made this new city
possible. Mr. Driskell wants to continue to work for the city he helped build. Copies of his
resume and list of accomplishments are available upon request.
III. ORGANIZATION AND BACKGROUND ON
NON-CHARTER CODE CiTY.
A. City Council.
•
. The City of Spokane Valley will be organized as a "non-charter code"City. The
legislative body (City Council) is given the authority to define the functions, powers and
duties of its officers and employees and fix their compensation. The City Council may adopt
. and enforce ordinances regulating its local affairs including the imposition of penalties and
a fines for violation of such ordinances. The City may acquire, improve, maintain,protect,
regulate and improve property including the operation and supply of utility and municipal
services. Significantly,the City Council may exercise any of its powers or functions jointly,
or in cooperation with,other governmental bodies pursuant to the Interlocal Cooperation Act.
The Interlocal Cooperation Act essentially allows the City of the Valley to enter into
contracts with other jurisdictions in order to provide services and facilities which serve the
needs of City ofSpokane Valley residents. The Interlocal Agreement,like any contract,must
be negotiated and contain the terms and conditions which reflect the understanding between
•
the parties. The principal requirement of an Interlocal Agreement is that it be for a public
purpose and within the authority of a non-charter Code City. Contracted services may
include police, fire, street maintenance, planning and zoning services, building and code
enforcement,utility services, finance and accounting,tax collection,municipal court,library
services and animal control.
Diana Wilhite and
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October 17, 2002 -
Page 5
B. Interim Services.
State law provides for an interim period which is defined as: the time after the newly
elected officials have been sworn into office and the official date of incorporati on established
by the City Council. During the interim period,ordinances and resolutions to set up the City
are enacted. The City may also enter into service contracts with other jurisdictions
(Interlocal Agreements) to facilitate transition to the new form of government. It is'
important to know that during the interim period,the City and its governing body must abide
by the laws relating to open meetings, conflict of interest, immunity, public records and as
appropriate statutes related to publication of notices and ordinances, designation of an
official newspaper, liability insurance and matters relating to public contracts and bidding.
The City may also acquire needed facilities,supplies,equipment and staff during the
interim period as if the City or town were in existence. The City of Spokane Valley, under
the Council-Manager form of government may employ a interim City Manager who shall
have administrative powers and duties as are delegated by the governing body. The interim
City Manager is appointed to serve until the official date of incorporation with the City
Council having the right to extend the appointment of the interim manager for up to 90 days.
C. Work Fromm.
The following is a summary (and not all of) the general legal matters to be
accomplished. The actual work program is in the form of a matrix which contains the legal
matter to be accomplished, responsibility, anticipated council meeting date and the date of
completion.
A. Resolutions.
1. Adopting Council Rules of Procedure.
2. Expressing appreciation to Transition Committees and Accepting
Reports.
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3. • Establishing Time, Place and Date of Regular
Meetings.
4. Official Date of Incorporation.
5. Official Newspaper.
6. Designating Bank.
7. Governmental Investments.
8. General Insurance.
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Spokane Valley City Council Candidates
October 17, 2002 -
Page 6
B. Ordinances.
1. General Administration.
a. Appoint Interim Staff.
b. Bonds and Oaths.
c. Create Offices (City Manager, City Clerk, City Attorney, Police
Chief).
d. Bonds and Oaths.
e. Appoint Interim Staff.
f. Indemnification.
g. Records Maintenance.
h. Ordinance on City Benefits.
C. Finance.
a. Payment of Claims.
•
b. Create Accounting Funds.
c. Sales, REET, Property and other taxes.
d. Interim Budget.
e. Government Loans.
D. Buildine Services.
a. Adopt Codes (building, mechanical, etc.)
b. Public Works.
c. Street, Curb and Sidewalk Standards.
d. Franchises.
E. Planning/Zoning.
a. Comprehensive Plan.
b. Zoning Code, Subdivision Code, etc.
c. Zoning Map.
d. Environmental Procedures.
e. Land Use Procedures.
1. Plan Commission.
g. Hearing Examiner.
Diana Wilhite and
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October 17, 2002 -
Page 7
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F. Public Safety.
a. Traffic Code.
b. Criminal Code.
c. Infractions.
d. Parking.
e. Nuisance.
f. Animal Control.
g. Emergency Services.
G. Miscellaneous.
a. Fire Service.
b. Library Services.
H. Contracts.
a. Attorney Services.
b. Consultant Services. .
c. Engineering Services.
d. Interlocal Agreements.
e. Police.
f. Street Maintenance.
g. Signs and Signals.
h. Surface and Stormwater.
i. Municipal Court.
j. Jail.
k. Animal Control.
The above summary,is not intended to be exhaustive,but rather an overview of some
of the matters that must be enacted by the new City during the interim period.
IV. STATEMENT OF FEES.
Witherspoon Kelley proposes to provide legal counsel to the City of Spokane Valley
through a contractual arrangement. Mr. Schwartz will act as interim City Attorney
performing the duties prescribed by statute and ordinance. Based upon our past work and
experience, Witherspoon Kelley is extremely qualified to represent the City of Spokane
Valley in its municipal matters.
Diana Wilhite and
Spokane Valley City Council Candidates
October 1 7, 2002
Page 8
We recognize the City of Spokane Valley would be an important client for our firm.
Our fees are competitive and representative of the area typically ranging from $120.00 to
$220.00 per hour depending upon the lawyer and the work. Mr. Schwartz's regular billing
rate is$175.00 per hour with municipal fees ranging from S 130.00 to $150.00.
For the transitional period(May through August),Mr.Schwartz's rate will be offered
at$140.00 per hour. Recognizing that funds for the City will be in short supply prior to the
official date of incorporation,payment of a portion of the fees can be deferred. It is difficult
to estimate the attorney time involved in preparing the City of Spokane Valley for
incorporation. There will be meetings with various public entities,negotiating and drafting
of agrreements, resolutions and ordinances and attending City Council meetings. To give a
general estimate, I anticipate two and one-half days per week will be devoted to your work.
This assumes the Council is meeting weekly and an experienced staff/consultant is retained.
Mr.Driskell is willing to commence his employment with the City of Spokane Valley
in March 2003. Mr. Driskell would be designated the City Attorney and would receive a
salary in an approximate range of$65,000.00 per year. Mr. Schwartz would assist Mr.
Driskell in continuing the incorporation work and acting as Special Counsel for the City of
Spokane Valley on matters delegated by the City Manager or City Attorney. We believe this
transition will offer a seamless beginning for the new City of Spokane Valley. Mr. Driskell
has, for a number of years, practiced law in the Valley, is familiar with many of the issues
facing the new City especially in the-area of land use and development, and will prove to be
an asset to the Council and their constituents.
Thank you for the opportunity to be of service.' If you have any questions or would
like to meet and discuss matters in this letter, please contact me.
Sincerely yours,
WITHERSPOON, KELLEY, DAVENPORT
&TOOL E, A.S.
Ey �t7sSt ley wartz
SMS/lae
Additional information on Witherspoon Kelley can be obtained from our website .
which is found at www.wkdtlaw.com. The information contained in this proposal is confidential
and proprietary. We respectfully request, this letter and its contents, be kept confidential by the
addressees.
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FELTMAN,G>BHARDT,GREER,&ZEIMANTZ,P.S.
1400 PAULSEN CENTER
W.421 RIVERSIDE AVE.
SPOKANE,WASHINGTON 99201-0495
509-838-6800
FAX#509-7443436
IDAHO OFFICE:
RICHARD C. FELTMAN+ 1200 IRONWOOD,SLUE 303
FRANK J. GEI3FIARDT• COEUR IYALERE,IDAHO 83314
ROBERT F. GREER• 203661.63'88
JOHN R. ZJIIMANIZ
LISA J.DICKINSON• Please Respond To: SPOKANE
•Admitted In Wulm,gton sad Idaho
+Admitted in Wastisin ,Din and Idaho
October 9, 2002
Ms. Diana Wilhite
617 N. Helena St. •
Spokane, WA 99202
RE: City of Spokane Valley
Proposal for Legal Services
Dear Diana: -
Thank you for calling me to inquire whether our firm has an interest in providing legal services for the
new city of Spokane Valley.
From our conversation, I understand that the candidate group has three current areas of interest: first, pro
bono legal services from now up to the general election; second, work after the general election through
incorporation; and finally, work post-incorporation.
We also discussed whether the city would at some point be contracting for outside counsel. It seems
likely. that the city will have a need for the assistance. of outside counsel, particularly in matters of
litigation. Our firm (A-V rated by Martindale Hubbell), provides general legal services and advice to
many businesses and entities on an ongoing basi-3 and has extensive experience in all types of litigation.
We would welcome the opportunity at some point either now or after the election to make a proposal or
discuss with the candidates or council members outside counsel services that we can provide.
Very Truly Yours,
John • 10.
JRZ:thp
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ROCCO N. TREPPIEDI, ATTORNEY AT LAW 5008 West Navaho Avenue
Spokane, WA 99208
(509) 466-7415 (H)
(509) 624-2212 (B)
SUMMARY OF QUALIFiCATiONS
Extensive experience as Senior Assistant City Attorney and Managing Attorney within the
Government and Private Sectors, A proven record of adding value to the organizations utilizing
litigation skills, client relations skills and teamwork.
ADMITTED TO PRACTICE
Washington
United States Supreme Court
United States Court of Appeals: Ninth Circuit
United States District Court: Eastern District of Washington.
PROFESSIONAL EXPERIENCE
PERKINS COLE, LLP - Spokane, WA April 2000 - 2002
Of Counsel
Responsible for quality control, mentoring of associates, supervision of staff, client relations and
own caseload.
OFFICE OF THE CITY ATTORNEY - Spokane, WA 1981 —April 2000
Senior Assistant City Attorney (`87- `00)
Responsible for quality control, training, case strategy, various administrative duties, and
maintaining own caseload; designated advisor to the Police Department and Police Chief,
Assistant City Attorney ('81 - `87)
Responsible for representing and advising various departments, commissions, boards and
officials before various courts, boards, etc_; drafted ordinances, contracts, various legal
documents; Served as City Prosecutor from 1981 - 1983.
SPOKANE LEGAL SERVICES CENTER- Spokane, WA 1976 - 1981
Managink Attorney (`80- `81)
Responsible for supervision, quality control, training, case strategy, implementation of program
priorities and various administrative duties, Supervised four attorneys, two interns, two
paralegals and maintained own case load.
Staff Attorney/Legal Intern/Laiv Clerk (`76- `80)
Litigated a variety of cases, approximately 50% of which were family law.
ROCCO N. TREPPTEDI, Attorney at Law (509) 466-7415 Page 2
LEGAL AND UNDERGRADUATE EDUCATION
Gonzaga University School of Law
Juris Doctor, May 1978
Activities: Program Director of 1977 Conference on Unfair Trade Practices
John Jay College of Criminal Justice, City University of New York
Bachelor of Science, Criminal Justice, June 1975
Activities: Baseball Team, Student Newspaper
Queens College, City University of New York
Two Years, Accounting Major
Activities: Baseball Team
CIVIC ACI'IVI:TIES
Current
Spokane School District No. 81, Board of Directors, Member, President 1998-99, (term expires
Nov. 15, 2003)
Interplayers, Board of Directors, Member (term expires Dec. 30, 2002)
Washington SIDS Foundation, Volunteer since 1980, Past President/Vice President,
Member on National Level of Resource Review and Resolution Committees
Exchange Club of Downtown Spokane, President of Foundation
Previous
Spokane Legal Services Center, Board of Directors, Member 1982-88,Past President
Project Self Sufficiency, Board of Directors, Member, Past Chairman
DSHS Task Force on Day Care Legislation, Advisory Member
DSHS Task Force on Juvenile Code Legislation, Member
References provided upon request
List of representative cases provided upon request
.
CURRICULUM VITAE
JAMES C. SLOANE
2008 East 30th Avenue
Spokane, WA 99203
(509)536-6090
Education & Career James C. Sloane is a member of the Washington State Bar and is admitted to
Accomplishments practice in the Federal Courts.of the State of Washington, the Ninth Circuit Court
of Appeals and the United States Supreme Court. He received his B.A. from the
University of.Washington in Political Science, in 1966 and his J.D. from Gonzaga
University School of Law in 1970. Mr. Sloane was awarded numerous academic
honors in Law School and was ranked third in his Law School graduation class.
Law Clerk After graduation Mr. Sloane was appointed as Law Clerk to the Honorable Charles
United States L. Powell, United States District Judge for the Eastern District of Washington, for
District Court a one-year term.
(1970)
Assistant City Attorney In 1972, Mr. Sloane was appointed as an Assistant City Attorney for the City of
City of Spokane Spokane, and has worked almost exclusively in the area of municipal law since that
(1.972-1.977) time. Mr. Sloane was primary legal counsel for the City Department of Public
Works and Utilities, and in that capacity, assisted in the development of, and
defended legal challenges to, numerous City projects including: the acquisition and
development of Riverfront Park for Expo `74, the expansion of the City's regional
waste water treatment plant, the expansion of the City's solid waste landfill
facilities, the extension of City sewer and water utility services to serve
unincorporated areas adjacent to the City, and the establishment of numerous
sewer and water utility local improvement district projects.
City Attorney In 1978, Mr. Sloane was appointed City Attorney for the City of Spokane, and
City of Spokane served in that capacity until January of 2001, when he retired from city
(1978-2001) employment at the time of the transition to the strong mayor form of government.
During his tenure as City Attorney, Mr. Sloane was involved in the development of
all major City public works, park, and library projects. Mr. Sloane was directly
involved in the negotiation of interlocal agreements with Spokane County providing
for the extension of the City's sewer and water utility system to serve areas outside
the City of Spokane; the joint development of the Regional solid waste disposal
system, to serve all of Spokane County; and supervised the negotiation of all
electric power, telephone, natural gas, and cable T.V. franchises. Mr. Sloane was
responsible for developing the legal foundation for all major City actions and
defending those actions against legal challenge in the State and Federal Courts. In
2001, following his retirement, Mr. Sloane received the Ernest H. Campbell Award
from the Washington State Association of Municipal Attorneys for outstanding
contributions in the field of Municipal Law.
Of Counsel Upon his retirement from the City of Spokane, Mr. Sloane joined Perkins Cole,
Perkins Coie Lt,t': L.L.P., of counsel, and now works with a variety of the firm's municipal clients in
(2001 to present) the state of Washington, including cities, counties, special purpose districts, and
public development authorities, assisting in the development of a number of large
municipal public works projects, including the development of a municipal arena in
the City of Everett, and the proposed extension of a monorail system in the City of
Seattle.
[09901-000 l fK.A022690.008
RESUME
LARRY WINNER
October,2002
P.O. Box 824$
Spokane,WA 99203-0248
(509)838-4870
winnerclaneearthlink.net
Functional Summary
In 31+years in the Legal Department of the City of Spokane, I became acquainted, if not
familiar, with virtually every aspect of the operations of a midsize city government.
During the 1970s I was the principle advisor to the planning and zoning authorities.
During this period the appearance of fairness doctrine was emerging from Supreme Court
rulings. I wrote the procedures for conducting quasi-judicial hearings in land use and
other contested case matters for various boards and commissions, as well as the city
council. This role also included writing, interpreting and enforcing related building and
fire codes and I was the architect of the code enforcement program. I was a principle
author of the first ordinance to implement the Environmental Policy Act. I wrote
numerous opinions regarding the Open Public Meetings Act.
I crafted the structure and process for complying with the Public Records Act. It was
determined that compliance with the statute's requirements for an index of records and a
designated public records official would be on a department-by-department basis and 1
met with people in even' department learning what they do and how their records and
made and kept. I was a principle advisor on records management.
That familiarity with the inner workings of the government was useful when it was
determined that the city needed a code of laws. I oversaw an analysis of every general
ordinance of the city compiled in loose-leaf books. I determined that the vast majority of
the city's ordinances were legally invalid, either as a matter of substantive content or
because of the process of enactment or both. So I wrote or supervised the first Spokane
Municipal Code. Drafts were circulated among the department heads and when the
project was finished, the city had a code that actually reflected the way the city operated.
1 remained editor-in-chief of the code and oversaw its placement on the city's web page.
i wrote a handbook for drafting ordinances.
I worked on every Charter amendment proposal since the 1960s, both individual
initiatives and several government-sponsored comprehensive overhauls. The basic law
of initiative and referendum is set forth in the City Charter. To fill in the gaps and
provide detail the city appointed a citizens' committee to draft an implementing
ordinance. 1 was staff support for that effort. The ordiance that resulted calls for the
legal department to prepare ballot titles and summaries of initiative proposals and to
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evaluate their validity. i was the person assigned to those tasks. i was the office expert
on elections.
Another citizens'committee was formed to study the process of city council meetings.
As staff support to that committee I collected and compared rules of procedures for a
dozen or so other cities and ended up writing the rules of procedure for the Spokane City
Council.
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As advisor to agencies during public meetings, in addition to rendering legal opinions, I
often needed to explain the law or the process to members of the public without speaking
legalese.
Employment Summary
1970—2002 From Attorney Ito Chief Assistant and Senior Assistant City Attorney for
the City of Spokane.
Other than doing performance appraisals of the support staff and resisting workers'
compensation claims, I have not worked in employment law. Otherwise, I have done it
all, from misdemeanor prosecution and land use regulation to budget administration and
acting city attorney. i do not consider myself a litigator, although I have handled a few
tort claims, because most of my court appearances involved writs and other special
proceedings and appeals. I was the supervising attorney for Stan Schwartz when he was
a Rule 9 intern and supervisd his first jury trial. i received the fairly rare Outstanding
Employee award for my work in developing the first municipal code of laws. I worked
with City Attorney Jim Sloane in the transition from the council-manager to the strong
mayor form of government.
1987— 1990 Spokane County Superior Court arbitrator.
1976-1976 Adjunct professor of law at Gonzaga Law School, teaching municipal
corporations.
1970— 1976 Limited private practice "on the side," involving matters with little court
time, such as collections, wills and probate, and uncontested marriage dissolutions.
1970 Free-lance law clerk between law school and the results of the bar exam.
Education Summary
1958 — 1962 West Valley High School, Spokane Valley.
1962 - 1966 Gonzaga University, Spokane, Washington and Florence, Italy. Was in
the Honors Program on partial scholarship. Graduated with a major in philosophy,
minors in English and political science.
1966— 1970 Gonzaga Law School. Regular 4-years course at night on partial
scholarship. Moot court finalist, Heidelmaster.
Accreditations
Washington State Bar Association. On various committees and sections over the years.
Currently inactive since retirement in July of 2002.
United States District Court for Eastern Washington.
Professional Associations
Spokane County Bar Association. Intermittent member, various committees.
National Institute of Municipal Law Officers. Intermittent member.
Washington State Association of Municipal Attorneys. Member for 31+years, several
stints on board of directors, held several offices including president, various committees,
most recently the amicus curiae committee.
Volunteer and Civic Involvement
Not a regular member of any recognized civic or fraternal organization. Besides the usual
chaperoning of field trips, school carnival committees, driving sports teams, gathering
pledges for a church building campaign, working for Habitat for Humanity, I have
provided legal counsel to the Holy Names Music Center at Fort Wright, Music for Youth
and the Spokane Youth Symphony.
I have made educational presentations for the WSU Engineering Department, at
orientation seminars for newly elected officials sponsored by the Association of
Washington Cities, and to a variety of groups on a variety of subjects through the bar
association's speakers' bureau.
I have volunteered as a horn player for the Whitworth and Conzaga symphonic
band/symphony orchestra and with a liturgical music ensemble at my church. i am a
member of the Spokane Horn Club which furnishes music in parks, shopping centers,
churches, hospitals and nursing homes and to benefit public radio and other community
organizations. 1 am a member of the Project Joy senior orchestra which provides music
similarly.
Publications
If one does not count the Spokane Municipal Code and the thousands of opinions and
other documents I wrote as a city attorney, my only.publications are papers presented to
the Washington State Association of Municpal Attorneys on the subjects of police
• records, land use regulation and legal ethics.
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