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2012, 03-13 Regular Meeting Minutes MINUTES City of Spokane Valley City Council Regular Meetings Formal Meeting Format Tuesday,March 13,2012 Mayor Towey called the meeting to order at 6:00 p.m. Attendance: City Staff: Tom Towey,Mayor Mike Jackson, City Manager Gary Schimmels,Deputy Mayor Cary Driskell, City Attorney Dean Grafos,Councilmember Neil Kersten,Public Works Director Brenda Grassel, Councilmember Mark Calhoun,Finance Director Chuck Hafner,Councilmember John Hallman, Community Dev. Director Ben Wick, Councilmember Kelly Konkright,Deputy City Attorney Arne Woodard, Councilmember Mike Stone,Parks &Recreation Director Scott Kuhta,Planning Manager Carolbelle Branch,Public Information Officer Christine Bainbridge, City Clerk INVOCATION: Pastor Manuel Denning of Fountain Ministries gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Towey led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all councilmembers were present. APPROVAL OF AGENDA: It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: nia COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Hafner: explained he attended several STA (Spokane Transit Authority) meetings where they continue to discuss their reorganization plan; went to the Health Board Meeting where they discussed some budget cuts, and said nothing has been finalized yet. Councilmember Grassel: no report. Deputy Mayor Schimmels: reported that he attended an STA Committee meeting, as well as an SRTC (Spokane Regional Transportation Council)meeting last week. Councilmember Grafos: said he went to the City's Finance Committee meeting where they discussed street preservation and of the idea of moving about $2 million from the general fund into road preservation, and of the idea of setting up a separate fund in the general fund with about a 6% match for road preservation, and said those things will be forth coming to full council; said he and Councilmember Grassel went to a Spokane Remodelers business meeting where they discussed permitting and what's happening in the City and how things have changed, and said the changes in permitting are very positive; attended the State of the County's presentation by Commissioner Mielke who mentioned their budget challenges, roads, and the proposal for a regional animal facility in Spokane Valley. Councilmember Wick: no report. Councilmember Woodard: said he participated in the "City Hall at the Mall" and said this is a good way to get access to the public, went to the HCDAC (Housing and Community Development Advisory Committee) meeting where they discussed CDBG (Community Development Block Grant) funds; and attended the Spokane Valley Chamber Transportation meeting at the Valley Hospital Education Center where the topic was economic development. Council Regular Meeting 03-13-2012 Page 1 of 7 Approved by Council:03-27-2012 MAYOR'S REPORT: Mayor Toomey reported that he attended the Valley Chamber Government Action Committee meeting at the Spokane Valley Hospital, and said City Manager Jackson and Community Development Director Holtman did a terrific job presenting the economic future of Spokane Valley; he went to the Argonne Corridor Improvement Project Meeting where staff did a presentation on the Knox and Montgomery intersections improvements and said they heard from citizens concerned about neighborhood truck traffic on Knox; he attended Commissioner Mielke's County address which included an explanation of the governments of the various jurisdictions; and attended the Girl Scout Leadership 100th birthday. PUBLIC COMMENTS: Mayor Towey invited general public comments. Rick Scott, 7107 E 5th Avenue, Spokane Valley: said he is a member of the Power Coalition which is prevention outreach, and said next week they are submitting for a drug-free community support program grant; that last year this Council wrote a Ietter in support of their submittal of the grant application, and said he would like council to consider doing a letter again this year; and he mentioned some of the goals of the community drug-free program; and he apologized for the lateness of this request. In response to Mayor Towey's question concerning the time frame, Mr. Scott said they would like to mail their grant application by next Wednesday as it must be in Washington, D.C. by Thursday. Mayor Towey asked Council if they would concur to have Mr. Jackson draft such a letter for Mr. Scott and the Councilmembers concurred. Mr.Jackson said he would draft that letter. John Bury, 818 West Riverside Avenue, Spokane: said he speaks on behalf of three business owners, Peters Hardware,Dave's Bar&Grill,and Ichabods Sports &Grill; said Mr.Thompson has been traveling across the museum property since childhood; he said hundreds of people a day have passed across that museum property to get to those three businesses as the business entrances are on the back of the property; he said the Museum property was quit claimed by Spokane Valley City Council to the Spokane Valley Legacy Foundation in March,2004; and he asked Council to look at City Resolution 04-003 which contains reversionary clauses; and said after this property was deeded to the Museum, the Museum got upset with all the traffic driving through and put up a huge fence and concrete barricades and no one can get through. He said as a result of that,there was a trial asking the courts to open it up; he said these three business owners presented records showing that their business dropped 11 to 17% in gross sales the day those fences and barricades were installed and said Dave Thompson fired nine people from his restaurant because he didn't have the sales. Mr. Bury said a petition was signed by hundreds of people upset about the fence and that it creates an eyesore. Mr. Bury said they were upset that the Museum has taken on goods on consignment while "chopping off sales"to these three businesses; and then selling the articles and splitting the proceeds 50/50; he said this is a competing business and those three businesses got chopped off. He asked Council to re-examine the issue to see if it was Council's intent if the access could be blocked off to these three businesses. Mayor Towey asked Mr. Bury if they went to Court. Mr. Bury explained that they went to Superior Court with this issue, and the Judge decided that they had proven three of the five elements necessary to keep that open and he said those two items are now on appeal to the Court of Appeals. Patricia Leach, 12815 E. Maxwell, Spokane Valley: said she is a small daycare provider and has done childcare for about thirty years; she said that the State and DEL (Department of Early Learning) have created more rules and regulations in the State's WAC (Washington Administrative Code) and the changes create undue costs and create burdens that the daycare owners will never be able to satisfy; she said the new WACS go into effect March 31, 2012; and according to some of these regulations, her window is now eleven inches too high, although the height has been no problem for over twenty years; she said the legislature tried last January to sneak in a ten-year goal of putting children in the school system beginning in infancy; she said these regulations discourage daycares and the regulations are not fair to those providers like her who work eleven-hour days with no overtime, no health care, and no retirement; and said these regulations create undue stress. Councilmember Grassel asked for clarification of what Ms. Leach is asking, and she replied she is asking if there is any way this Council could work with the daycare operators in perhaps a letter, to help get these regulations postponed. In response to Council Regular Meeting 03-13-2012 Page 2 of 7 Approved by Council:03-27-2012 Councilmember Woodard's question concerning whether the rules are building regulations, Ms. Leach said some of the rules are; and said they want some of the regulations changed. Mayor Towey said it is his understanding that these are replacement legislations instead of adding new rules which is explained in a ninety-page document; he said he has not seen the document yet and therefore couldn't say if he would or would not support this; but said Council could send a letter asking the DEL to re-evaluate their stance on this legislation and take into consideration the economic impact. Deborah Thurber, 7620 E. Maxwell: said she is the President of the Eastern Washington Family Child Care Association; that in Spokane Valley there are 51 in-home daycares and 29 centers; and said the Department of Early Learning is looking into re-writing the regulations for centers and daycares; she said some centers closed because they can't meet the current code; and said the regulations for the in-home daycares take effect the end of this month; she said one of the regulations is there must be nine inches of pea-gravel in the playgrounds, and said the schools don't even adhere to that regulation; and said each regulation means more expense. Councilmember Woodard asked if Council could get a report on the new regulations. Mr. Jackson said staff can forward the information to council; that the letter that has been suggested would probably be the best we can do in the given timefratne, but as an information item, could provide some information to Council; and said it is the Washington Administrative Code, and therefore,the best thing we can try to do is convince the Department of Early Learning to take a second look at this. Councilmember Woodard asked if there are building codes where to allow some discretion that would help some of these businesses while we are trying to get some postponement in the meantime. Mayor Towey asked if there was any objection in asking City Manager Jackson to draft a Ietter requesting the DEL to take another look at these regulations and consider the economic impact it would have throughout Washington; and councilmembers voiced no objection. Mary Jo Pascel, 11504 B. Frederick Avenue, Spokane Valley: said she is a director of a child care center; and they are having problems with the DEL concerning background checks; that the daycare provider must submit a background check every three years and the DEL rules have changed concerning what could disqualify someone to work in daycares; and said it appears old traffic fines are now something that would disqualify someone and she asked for assistance in informing the DEL what they can and cannot judge in this regard. City Attorney Driskell said this isn't something typically the City would get involved in; that this is overseen by the Department of Early Learning; and when they make a determination, the person at issue has an appeal right to an Administrative Law Judge, who acts in a review capacity to determine whether the DEL was acting outside the scope of their authority; and said that is where the remedy would lie. Ms. Pascel mentioned that her employee in this case has contacted a private attorney; and Mr. Driskell said it appears her legal counsel is helping her work through the legal issues; but that this is not an issue that this City has a right to be involved in legally. Michelle Lowell, 1623 S. Pines Road: said she has been in daycare business for twenty-seven years; she is licensed; and commented on the new regulations from DEL and that she cannot comply with those regulations; that she cannot have swings or climbing equipment; and said she is required to install a fire door at the bottom of the stairway to her home; which she said is a heavy door,would be a safety issue as the children would not be able to navigate the door, and said she would need the Fire Marshall to come out to her business, as well as the City's building code people; and said if she adhered to some of the regulations, it would actually put her in violation of some of her neighborhood covenants. Mayor Towey said he appreciates Ms. Lowell's comments and concerns, and he reiterated that Council just agreed to write a letter to DEL and said that will occur. Shannon Bervi, 3424 E.Euclid, Spokane: she thanked Council for their support in the willingness to write the letter; and she said the childcare facilities are afraid; that they have three options: they can close, or try to come into compliance, or wait to be closed. She said if this Department closes a childcare facility, the Council Regular Meeting 03-13-2012 Page 3 of 7 Approved by Council:03-27-2012 background would be disqualified, which would disqualify people from daycare jobs, nursing jobs, and possibly teaching in Church Sunday Schools or Church camps. Mayor Towey said he hopes Council's letter will do some good. Councilmember Hafner suggested sending copies of the letter to the Governor and others, and Councilmember Woodard suggested adding the County Commissioners to the list of those who would get a copy of the letter. Tim Benn, 3424 E. Euclid Avenue: said he has been in touch with thousands of providers over the last few months; he ran his own business; said it appears the State Department is completely violating the law and asking people for medical records in violation of the HIPPA Laws; and are closing down businesses even without the new WACS. Lynda Fralich, 4836 S. Progress Court, Veradale: said she wanted to address the unlimited advertising of alcohol establishments, and Mayor Towey said that issue will be forthcoming, and that she could comment at that time. Spencer Lowell, 4113 N. McDonald Road, Spokane Valley: said he is in support of the childcare providers as a casualty of the State Department they referenced; said he was a caregiver for Valley Pines Retirement Home, which was closed because he had a concealed gun permit;he said he had the necessary credentials and qualifications for that position and likewise to have the concealed gun permit; said the Department of Early Learning has given him a criminal background although lye's never been arrested; he said "these people" can do whatever they want; that because of this situation, he has been banned from contact with the elderly or children, and said he can't get a job in Washington State, and that he will have to move from Washington state eventually;he said he doesn't know what this Council might be able to do as this is a State matter, but said he wanted Council to be aware of this; and said CPS has these powers as well and they help dispensed his concealed carry permit; and he pleaded for anyone's assistance as he doesn't have money for an attorney; and he encouraged Council to help the daycare people fight the Department of Early Learning. Debbie Moheit, 12225 E 18th Avenue, Spokane Valley: said she has been a licensed childcare provider in Spokane Valley for the last ten years and has been in the childcare business for the last thirty years; she commended Council for their support in the issues with DEL; said there is a strong undertow toward eliminating providers as the WAC regulations are fiscally impossible to adhere to. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a.Approval of the following claim vouchers: VOUCHER LIST DATE VOUCHER NUMBERS; TOTAL AMOUNT 02/17/2012 25208-25259; 214120075 $187,919.86 02/24/2012 25260-25286 $85,968.77 02/24/2012 25287-25320 $198,997.75 02/29/2012 5397-5400 $747.00 03/02/2012 25321-25335; 229120027 $1,524,691.52 03/02/2012 25336-25356 $19,579.22 03/06/2012 3841-3843; 3858; 3869; 25357-25362 $234,212.53 03/07/2012 25363 $38,416.84 GRAND TOTAL 52,290,533.49 b. Approval of Payroll for period ending February 29,2012: $373,873.68 c. Approval of Minutes of February 21, 2012 Special Joint Meeting with Planning Commission d.Approval of Minutes of February 28,2012 Formal Format Council Meeting It was moved by Deputy Mayor Schinrrnels, seconded and unanimously agreed to approve the consent agenda. Council Regular Meeting 03-13-2012 Page 4 of 7 Approved by Council:03-27-2012 NEW BUSINESS: 2. Second Reading Proposed Ordinance 12-010, Signage and Sale of Alcohol—Kelly Konkright After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to approve ordinance 12-010 adopting Spokane Valley Municipal Code 5.25 relating to alcohol beverage signing. Deputy City Attorney Konkright explained that this is the third time this has been before Council, and he gave a quick overview of the proposed changes; and said if council approves this ordinance, it will exempt those with liquor licenses within the City from the outdoor advertising restrictions. There were some questions from Council regarding the impact of this issue and Mr. Konkright said that this doesn't affect the City's other sign regulations; that this maintains the status quo of what was in effect before March 2010 when the Liquor Control Board introduced this new regulations; he said between March 2010 and now they have not been enforcing this, that the Board is in the process of educating the business owners, and will probably within the next few weeks begin to issue warnings, then proceed with citations. Mr. Konkright also explained that the initial policy's goal was to minimize youth access and exposure to alcohol advertising as a way to respond to prevention concerns from community members. In response to further Council questions, Planning Manager Kuhta said this addresses signs inside the building, and that the City's code does not regulate any signs within an establishment. Mayor Towey invited public comment. Lynda Fralich, 4836 S. Progress Court, Veradale: read her letter in regard to allowing unlimited advertising of alcohol; said she is a member of the Greater Spokane Substance Council, the Spokane County Substance Advisory Board and Youth Board; and said she has been a substance abuse prevention educator for over thirty years; she teaches decision making for minors and prevention, a class where twelve to twenty year olds are sent by the courts because of their involvement in substance abuse; and said part of that education includes dissecting advertising as it has been very influential; and said one of the reasons people get mixed messages is due to the saturation of product advertising; she said many schools are near businesses that sell alcohol and that the message to use alcohol is deliberately"out there" to be seen by kids who are product consumers; she said businesses profit from the advertising without consideration of where that money comes from; and she urged Council to consider the efforts of parents, schools and organizations which are being undermined by over advertising; and said the money spent on treatment and rehab is a direct result of those mixed messages; she challenged council to ask themselves how will this better the City of Spokane Valley, how will this be good for our kids and the community, and is this the new image Council wants for this city. She said the guidelines from prior to March 2010 are there for good reasons,and the saturation is for profit. Angela Smith, 1102 S, Raymond Road: said she is a representation of Complete Independent Youth, and is an intern at Day Break and works with adolescents trying to maintain sobriety from substances such as alcohol; and that she works in the elementary schools to educate them about the dangers of substance use; said she finds it difficult to educate the children when there are so many enticements to drink; and she gave some data on survey results of children and substance availability and use;and said allowing there to be no regulations on the amount of businesses advertising could increase substance abuse and increase crime; and said people are enticed by the advertisements as they are triggers for certain people, and mentioned the captivating neon signs. Hazel Hatcher, 10420 E. Cimarron, Spokane Valley: said for the last ten years the citizens have voted to enhance the valley by putting in new shrubbery; and said when you add beer or alcohol signs on the streets, it will deter from the goal of trying to make a beautiful city; said kids are attracted to signs and she voiced her concern about teen drivers; said the rule was put in because someone must have gotten carried away with too many signs; and said four signs is ample; and she urged council to vote in the best interests of the City. Linda Thompson, 10913 E. 46th Avenue: said she is with the Greater Spokane Substance Abuse Council; she said she works with the Liquor Control Board to advocate for limited signage as part of the effort to Council Regular Meeting 03-13-2012 Page 5 of 7 Approved by Council:03-27-2012 stop the privatizing of alcohol in Washington, and as part of the effort to stop the normalization of alcohol; she said research shows how young people perceive drinking and the availability, and the signage is most often provided by the alcohol industry; she said research shows if we can limit advertising we can limit underage drinking; and she urged council not to pass this ordinance. Debbie Moheit, 12225 E. 18th Avenue: said she has two adult sons that have chosen alcohol in their life and that it never occurred to her that a sign might be a part of their choice; and she asked, how do we control all the things that people are attracted to; and she said hopefully people will be attracted to the sign of the cross. There were no further public comments. Council discussion included mention by Councilmember Hafner and Mayor Towey that they would not support the ordinance as signs are intended to support a product; with other councilmembers explaining they support Greater Spokane Substance Abuse Council but feel alcohol is a choice and signs are a property rights issue. It was also mentioned this issue could always be re-addressed in the future. Vote by Acclamation: In Favor: Deputy Mayor Schi nmels and Councilmembers Grassel, Grafos, Wick and Woodard. Opposed: Mayor Towey and Councilmember Hafrter. Motion carried. At 7:50 p.m.,Mayor Towey called for a short recess; he reconvened the meeting at 8:00 p.m. 3. Second Reading Proposed Ordinance 12-011 Amending Chapter 22.70,Landscaping—Karen Kendall After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to approve Ordinance 12-011 amending sections of Spokane Valley Municipal Code 22.70. Standing in for Assistant Planner Kendall, Community Development Director Hohman explained the background of this ordinance; said some changes are to clarify language while others are to correct some errors such as in the clear view triangle issues; and other language increases flexibility such in the barbed wire regulations; and he went over the history of this and mentioned the numerous times this has come before the Planning Commission and the Council, including the opportunity for a public hearing before the Planning Commission, and said the Planning Commission's recommendation is for approval. Mr. Hohman also stated that we inherited the existing code from the County, which allowed barbed wire in a few zones; said when the code was revised in 2007, use was restricted to industrial zones, but that staff realizes sometimes a barbed wire fence would be desired for security purposes. Mr. Holtman advised Council they need to be comfortable with this and said these regulations would apply to any current proposal and any new development. Mayor Towey invited public comment; no comments were offered. Councilmember Woodard said that several weeks ago he mentioned he had a nonconforming barbed wire fence, and said he doesn't have one that is accessible to the public; that he has to look at the issue on how has the public seen his views,that perception is a reality and therefore, he said he would abstain from any further discussion on the barbed wire issue and will abstain from voting on the issue, and he left the dais. Councilmember Grafos said the newspaper brought up this issue, and said his fence is not in nonconformance, and that he feels he can vote on this without an ethical lapse. Vote by Acclamation:In Favor: Mayor Tolney, Deputy Schivmtel's, and Cotntcilmembers Hafiter, Grassel, Grafos, and Wick. Opposed:None. Motion carried Councilmember Woodard returned to the room and to the dais. ADMINISTRATIVE REPORTS: 4. Governance Manual Discussion—Chris Bainbridge,Mike Jackson City Clerk Bainbridge briefly went over some of the changes previously agreed to, and mentioned the latest changes per previous council discussion. Councilmember Wick suggested that the section on page 6 and on page 9 concerning making presentations to council be worded the same; and also asked about adding an ethics statement, policy or assumptions. Councilmember Grassel said she had no objection to adding a section on ethics, but would like to see some draft language to get a feel for what CounciImember Wick is suggesting. City Manager Jackson said he will get the Governance Committee together and discuss some draft language. It was Council consensus to add that draft language for council review, make the other recommended changes, and to bring this back as an action item on the March 27 council agenda. Council Regular Meeting 03-13-2012 Page 6 of 7 Approved by Council:03-27-2012 5.Advance Agenda—Mayor Towey For a future council meeting, Councilmember Grassel suggested a full review of the animal control contract and current proposal, including costs each year. Council concurred. Councilmember Grafos asked if the City Attorney would address the issue with the Museum to determine what the original intent was for the museum and for that access, and City Manager Jackson said staff will gather that information from a historical viewpoint and provide the information to Council. Mr. Jackson also mentioned the desire to form an economic development committee, and said lie, Community Development Director Holunan, and Councilmembers Wick and Grassel met to discuss this issue including having a specific set of tasks for such a committee, and said within the next few weeks, will bring council a report on the process and what was discussed at that meeting. Councilmember Hafner asked about the road preservation budget topic and Mr. Jackson said the pavement management plan is slated to be brought to council in the near future, and immediately after that discussion, another discussion will follow on the finance committee's proposal to set aside some of our ending fund balance, adding that Mr. Calhoun will be leading that discussion. Mr., Jackson added that he will be pleased if we can keep our policies intact. Councilmember Grafos said he spoke with Mr. Jackson about council's approval of the claim vouchers, and that they would like more information on which department these claims are being charged to, and asked if the vouchers could be coded or sorted by department.Mr. Jackson said Finance Director Calhoun has been working on the financial reporting to improve our format even more; and said part of that depends on what the software will do for us; but that we are working to make those vouchers more informational. Councilmember Hafner suggested the Department Directors give an oral monthly or quarterly report to keep council and citizens informed. Mr. Jackson said that the Police Department is scheduled to do that at the April 10 meeting. There was council consensus to cancel the April 3 Council meeting. The tentative joint meeting with the City of Spokane was also mentioned, and City Clerk Bainbridge said she is still working to confirm the date and time. Deputy Mayor Schimmels asked when Commissioner French was going to give a presentation on solid waste and Mr. Jackson said they are bringing the task force back together, as he understands they are still looking at several options. INFORMATION ONLY The (6) Union Pacific Railroad Agreement for Pines Road Crossing Improvement, and (7) Safe Routes to Schools Call for Projects were for information only and were not reported or discussed. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:50 p.m. E ,T somas B.TO"vey, ayor � r Christine Bainbridge, City Clerk Council Regular Meeting 03-13-2012 Page 7 of 7 Approved by Council:03-27-2012 GENERAL PUBLIC COMMENT SIGN-IN SHEET G J SPOKANE VALLEY CITY COUNCIL MEETING DATE: March 13, 2012 GENERAL CITIZEN COMMENTS YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTE: Please sign in if you wish to make public comments. NAME TOPIC OF CONCERN YOUR COMPLETE TELEPHONE PLEASE PRINT YOU WILL SPEAK ADDRESS ABOUT �c Cot" Dal Cornmu4 (12.4/10 7 E. S4-1-1 [ S (1 Gei_z U. 636S '�;— G46 ,n1,02Y 6),(0,91201/ f ,)> >a�f.211 .rC ,,4vtA-4 Ili-3 21s Vo-C r YV` 4-,Nc/R. rre / a4 t47,e,,e� s , 7-L. • _ L.,,,t)14 (.'11,,r ss.„..., Please Mote that once information is entered on this forvn, it becomes a public record subject to public disclosure. - ,, CITY O "3� poliane __ \ ii1ey 1 707 E.Sprague Ave. • Suite 106 • Spokane Valley,WA 99206 (509)921-1000 • Fax(509) 921-1008 • cityhall @spokanevalley.org March 8,2011 Linda Thompson Greater Spokane Substance Abuse Council (GSSAC) 8104 E. Sprague Avenue Spokane Valley,Washington 99212-2900 RE: Drug Free Communities Support Program Grant Application for Prevention Outreach—the West Valley and Edgecliff Response! Coalition On behalf of the City of Spokane Valley,I am pleased to write this letter of support for the Greater Spokane Substance Abuse Council's (GSSAC) application to the Office of Substance Abuse and Mental Health Services Administration(SAM[I.SA) for the Prevention Outreach the West Valley and Edgecliff Response! (POWER!) Coalition. The City of Spokane Valley has been a part of this coalition for many years through the active participation of Councilman Bill Gothmann when it started as the Edgecliff Weed and Seed Program. Having this coalition continue to implement strategies in the Edgecliff and West Valley areas to reduce substance abuse and the related crime as well as build strong community collaboration benefits our whole city. As Mayor of the City of Spokane Valley,I recognize the importance of reducing substance use among our youth, and in turn adults, and building strong collaborations • among all sectors in our community the goals of the Drug Free Communities Support Program. Again, GSSAC and the POWER! Coalition have our support. Since r, Mayor Thomas E. Towe 3/760,,G. Lel"?6", 1 HAVE DONE CHILD CARE FOR APPROX. THIRTY YEARS CARING FOR MANY CHILDREN AND FORMING LASTING BONDS THE WITH REVIOUS CHILDREN I HAVE THEIR RAISED AS THE HAVE YEARS HAVE GONE FOR THE CHILDREN O BY THE STATE AND DEL HAVE CREATED MORE RULES AND REGULATIONS, AS WE MEET THOSE OBLIGATIONS MORE RE COS S AND RULES. THE NEW WACS THAT O INTO EFFECT ON FIND OURSELFS WITH MO MARCH . 28 WACS CREATE THESE W YEARS TO A TOTAL OF APPROX. 497 WACS. THE COST APPROX. 287 WACS THE AND CONSTANT CHAN DAY CARES THAT WE WILL NEVER BE ABLE TO ME ET AS W HEN WE SATISFY THESE THEN MORE WILL BE WRITTEN. IF YOUR WINDOW WAS RIGHT HIGHER FOR TW NNE ALLOWED AND NOW NEED A PLATFORM THERE MINE RE SO MANY RULES INCHES HIGHER THA THAT IT'S ALMOST OF HIS YEAR TO SNEAK IN A 10 YEAR GOAL OF PUTTUNG CHILDREN IN TRIED ON JAN 13TH OF THE SCHOOL SRUE FROM I BELIEVE THESE CONSTANT CHANGING O F RULES IS TO DAY CARES TO AFTER MANY LONG YEARS AND DEDICATION. HOUSE BILL K NOT FAIR TO US WHO WORK II HOUR DAYS NO OVERTIME NO HEALTH CARE NO RETIREMENT BUT PROVIDERS THE TO QUIT BECAUSE OF COSTS AND REGULATIONS. WE DON'T GET RICH IN CHILD CARE TO QU CART;AND I FEEL THAT Tl�HC N WE SHOULD ONLY WORRY ABOUT CHILD CARE AND CREATE UNDUE STRESS ?S7:-1 I C`/6-‘? j ' ti ()-,, .1/ JANUARY 16TH, 2012 OPPOSITION TO HOUSE BILL 2448 I FIND IT INTERESTING THAT THE {LEGISLATURE} FINDS THAT CHILDREN WHO HAVE HIGH-QUALITY PRESCHOOL OPPORTUNITIES ARE MORE LIKLEY TO SUCCEED. IN YOUR BILL YOU WANT TO BRING IT DOWN TO FREE AND ALL DAY PRE SCHOOL FOR THREE AND FOUR YEAR OLDS DEPENDING ON THE PARENTS INCOME.YOU FIND IN YOUR [wisdom}THAT SUPPOSEDLY BY PUTTING THIS AGE GROUP INTO THE SCHOOL SYSTEM THE CHILD WILL SUCCEED. HAVING BEEN TOLD FOR THIRTY YEARS OR MORE THAT MONTESSORE AND EARLY LEARNING PROGRAMS WOULD GIVE CHILDREN A BETTER CHANCE AT LEARNING AND HAVING PEOPLE WHO SIT IN OLYMPIA WITHOUT PROVIDING CARE FOR CHILDREN IN THEIR EARLY DEVELOPMENTAL YEARS DECIDING WHATS BEST FOR CHILODREN AND THEIR DEVELOPMENT TO ME IS HYPOCRITICAL. IF THESE PROGRAMS WERE SO SUCCESSFUL THERE WOULD NOT BE ALL THESE CHILDREN IN THE SYSTEM NOW TFIAT ARE BEHIND IN LEARNING. YOU EVENTUALLY WANT TO BRING IT INTO BIRTH THROUGH CHILDHOOD SCHOOLING. STATE WIDE AND NATIONALLY OUR STUDENTS IN THE K-12 ARE NOT HAVING GREAT GRADUATION RATES AND ARE NOT UP TO STANDARDS IN A LOT OF SUBJECTS I FEEL YOU AND THE EARLY LEARNING ADVOCATES SHOULD CONCENTRATE ON THE CHILDREN IN THAT AGE GROUP. SLOWLY THE STATE IS TRYING TO TAKE CONTROL OF THE CHILDREN FROM BIRTH ON SO THAT THEY CAN IMPLEMENT THEIR IDEAS OF EARLY DEVELOPMENT THE WAY THEY WANT CHILDREN TO LEARN. I'M SURE TFIAT IN YOUR RESEARCH YOU'VE ALSO FOUND THAT FROM DIRTI I TO FIVE YEARS CHILDREN GET THEIR EMOTIONAL STABILITY AND FEELINGS OF SECURITY. AND YET YOU PEOPLE SITTING THERE WITH ALL YOUR{WISDOM] AND BACKED BY EARLY LEARNING GROUPS THAT PUT YOUR LAWS AND REGULATIONS ABOVE THE PARENTS AND PRIVATE DAY CARES AND DAY CARE CENTERS KNOW BEST FOR A PARENT AND THEIR CHILD OR CHILDREN. SOME THREE YEAR OLDS AREN'T EVEN COMPLETLEY TRAINED IN THE POTTY STAGE AREAS OF THEIR LIVES.I FEEL THAT THE N.E.A AND THE STATE ARE USING CHILDREN THAT BENEFIT THE TEACHERS UNIONS AND ALSO PROVIDES MORE MONEY FROM THE FEDERAL GOVERNMENT THAN THEY CARE ABOUT BIRTH TO FIVE YEAR OLDS. CHILDREN NEED HUGS, CHILDREN NEED A HOME ATMOSPHERE WHEN POSSIBLE, PLAYTIME NOT SCHOOL TIME, BONDING AND GIVING WITH OTHER CHILDREN IN A HOME ATMOSPHERE WHILE PARENTS WORK IN THEIR EARLY YEARS. AS FOR THE STATE DECIDING WEATHER A CHILD IS BETTER OFF UNDER THEIR GUIDENCE YOUR HISTORY ALONE REFUTES THE FACTS. THERE ARE PROBLEMS WITH THE TEACHING QUALITY OF SOME TEACHERS AND THE STATES DESIRE IN MY OPINION TO TAKE AWAY EARLY YEARS AND SCHOOLIZE THE CHILDREN TO ME IS EVIDENCE THAT THOSE MAKING THESE LAWS HAVE NOT PRACTISED THE CARE OF SMALL CHILDREN DAY IN AND DAY OUT AND YEAR AFTER YEAR. WITH ALL THE PROBLEMS OF TRYING TO GET ADEQUATE FUNDING FOR K-12, I FIND IT INTERESTING AND I WONDER JUST WHOSE INTEREST THIS BILL HELPS. CHILDREN AND PARENTS OR THE STATE WHO WOULD REQUIRE MORE TEACHERS AND MORE FUNDING. IT IS MY OPINION THAT THE STATE IS MORE INTERESTED IN THEIR RESEARCH THAT THE STATE KNOWS BEST RATHER THAN THE EMOTIONAL WELL BEING OF THE CHILDREN BIRTH THROUGH FIVE. DAY CARES PROVIDE LEARNING TIME BUT ALSO PROVIDE {HOME TIME ATMOSPHERE} THAT IS MORE BENEFICIAL TO THESE YOUNG CHILDREN THAN STATE LEARNING TIME CHILDREN NEED TO BE A CHILD BEFORE THE STATE TAKES CONTROL OF THEIR LIVES IN MY OPINION AND THATS WHY OLDER CHILDREN DROP OUT AND DON'T GRADUATE. RIGHT NOW BECAUSE PARENTS ARE TOLD THAT THESE CHILDREN NEED STATE SPONSORED SCHOOLING AND PRESCHOOLS AND IF AGES ARE LOWERD EVEN MORE KIDS WILL BE ME BORED IN THEIR UPPER SCHOOL YEARS EVEN SOONER THAN THE DROP OUT RATE AND ALLURE RATE SHOW NOW. r PROVIDER lL e ,-- --ct-e:�_ ------ DATE OTHER SUPPORTERS IN OPPOSITION OF THIS BILL Save Our Services i_ - [1 M. Alt M 6*UP. IL. Department of Early Learning's Revised Child Care Washington Administrative Codes take effect March 31, 2012 ✓ Some facilities are already closing their doors, or are limiting their services in anticipation of those WAC's. ✓ Over 29.2 facilities lost statewide in 2011 due to DEL's over-regulation ✓ Due to the Economic Impacts, these revised VVAC's will impose CLOSURE on small minority business owners ✓ Financial impact statements were done, but these statements do not even closely reflect the actual costs to comply ✓ Many of these revised WAC's contradict local city, building, and fire codes ✓ Licensors are not qualified to interpret building and fire code and are recommending hazards to comply with codified ignorance PLEASE CANCEL THE DEPARTMENT OF EARLY LEARNING WAC'S .o` ~ /�V , 42 .S ' j1JYU"`�+, 1 i ir, Y71,014 ,;c � v /77,c; 1 o6, Rep.John.Ahern Restricting rules on in-home day care centers There is a quiet takeover of private,in-home day care centers statewide. It began with the state standing over the shoulder of these child care providers.It has grown to the systematic shutdown of these family-owned businesses across the state owned by caring individuals who want to provide a safe and fun atmosphere for children in their own homes. The Department of Early Learning(DEL) has been putting a great deal of effort into being an enforcement agency.Sometimes to such an extent that agency rules are coming into direct conflict with state laws and city codes. I have heard stories from many day care providers who feel harassed by a bureaucracy that is creating answers in search of problems.The state must absolutely ensure children are cared for in safe environments by people who are responsible and will not harm them or put them in harm's way. However,the DEL is going much farther than this as it seeks to expand its own publicly-run"early learning" centers which will run in direct competition with private, family-owned day care centers. Expansion of authority In a full revision of agency rules set to go into effect March this year,the DEL has increased its rulebook from about 60 pages to 92 pages.With these rules,the agency gains power to cite,fine and eventually,shut down day care providers.If they continue writing rules, they have more ways to fine and write up the providers. If they continue with fines and citations, they effectively put these private-sector providers out of business. Considering the fact that the agency's early learning centers may be expanded to an entitlement program (with House Bill 2448 in the state Legislature),it provides motive for DEL to run private and in-home day care providers out of town.The agency is changing licensing and professional development requirements to further add burdens on private providers. An arrogant attitude State agencies should remember their bosses are taxpayers,not the other way around. Since 2007,I have had problems with state employees overseeing day care operations.At that time,Department of Social and Health Services inspectors fined a day care provider because her kitchen was not immaculate. I asked the agency employees if they had showed her how to clean the kitchen to their specifications,rather than simply fining the woman. I was told they simply did not have time for that.As a small business owner,I suggested the agency treat day care providers as if they were customers:with honey, rather than vinegar. Unfortunately,the arrogant attitude has carried to the fairly new Department of Early Learning.They are disrespectful and demanding to private-sector folks who work hard to provide a safe,educational and happy environment for children. Restricting rulemaking In 2011, 1,410 new permanent rules were adopted and 2,692 rules were revised.The number one issue the public wants the Legislature to address is the lack of jobs and the burdens on employers in this economy. Placing rule after rule on small businesses are definitely burdens that stifle job growth and the ability of businesses to run efficiently. One recent rule addresses"fall zones" on playgrounds at home day care centers.It requires that there be nine inches deep of pea gravel or bark beneath swing sets.This goes beyond the requirement for city parks and public schools.While the impact statement states the new rule would cost day care centers several hundred dollars,one day care provider estimates it would cost his business about$15,000 to move the current equipment,dig up a large amount of dirt,and replace with one of the approved materials. I sponsored House Bill 2755 to prevent the Department of Early Learning from implementing any new agency rules that would harm small business..With each new or modified rule,agencies are required to complete an economic impact statement.Under this proposal,if licensed day care providers could incur additional costs under the rule,the agency is prohibited from moving forward with that rule. Perhaps the Legislature needs to help the DEL remember who it works for by restricting its authority.The current rule enforcement practices of inspectors are only serving to strangle the employers who fund their paychecks. Instead of racing to the top,the actions of the DEL are only a race to the bottom. ### State Rep.John Ahern represents the Err'Legislative District He lives in Spokane. • r/ ?. C E `' E . CO C 0 - 0 C CO w V C ff,L G Q1 n r U h G7 .� j R U C .c C? '-c _ µ b 5` U0 .0C a BO G • t: a0 ,, 0 ;,, Up › es SY V)-0 a V c -J cc}i- 0 1-^ c c uS e u Q 03 4Ei O *�, 0 Is u.I et; E;; o s5 t4 o ;J q) q C CI c 4- ,_ -0p cC -° O > '� Q � TJ © -C . co ACC � n 'EE - arcs o � r r_ a `� 0CL Ci v Sl C� 7 E «�� j R W c5 A 0 O C, 0 C cd! 2 (50 -a g 0 E -0 a uS C U 0 .' RS w '- l7 0c004-. F O ''" RS 0 11 -J 0 O a ta P c a.1 0)a= C ,,C - . U y d t c 10 f o 0 i' L , e e S] x C ° E t ` Il1 . Vi k o 5' 07 o.c 7 5 E a 3 '2 r 0) U r c r� 0 G e EL ID — ta U L C R E ID L r N L, e a }' i �?Q A3 r U c sb $ U C t 4 w 7 E -O ) C C a ,_] 03 j. r � :v C to a t � n c � 0 s c , m w 04 - ' au a P a 8 +r, 0� ..- c -C_ ' C _p o y j 0 M im .c"2 ci c a ct › ®0 m ii a v ill- M- ° Iil 0 0 ..8 to a u ` U` 0`71 d rl D Uj: i O . UD1 O U >4- , [a r_ f !.-"_ C , ry Q t4 C 0— i aL w C3 C A U c p •�, an ? != C3 L. L7 4 --' W e co 'y as car ai U9 �s n C Z9 C Q� m Q o c� �,.r E r� L. w.. co Eve' > Lv, 0E0IDE d- t� 0 ti wv >-a � cac>i M. '42441 o 0-, co rCa Da .ca 0- � s ? a =-C v .c c 5 ` a•' �. F° 1L I ❑ () b 6 r IL O 5 .0 U I- s d) - at > .-. :�- 1. > U V ` .. v = .._- ec U) UJ U) ..r j - m c s� a a 1 '`~ = CI) .Q O = a W cz V w y.., = r =", CC t/) L © . O `� 4 ct = : - cC —, . © la c.j � C) = > v v 0,A = J '> =1 ,! MCI J !.4 iii •. ..1 /�I .1=1 L4 10. VII JOHN F. BURY Attorney At Law City of Spokane Valley 11707 E. Sprague Murphy, Bantz & Bury, P.L,L.C. 818 West Riverside Avenue Suite 106 631 Lincoln Building Spokane Valley, WA Spokane,Washington 99201 Subject: Heritage Museum blockage of parking and access (509) 838-4458 jfb@mbblegal,net Fax (509) 838-5466 In 2004 the city transferred the Opportunity Township Hall to tie pakanevaliey�.e FOUnaat an for i. The Opportunity Business District was never consulted and discovered it three years later. The business district is asking the city council explore the following: A. Was it the intent of the City of Spokane Valley to have decades of access and parking denied for all Opportunity Business District members when this transfer was done. In doing so please consider the following ramifications of that: 11-17% reduction in gross revenue and sales taxes immediately after access denied Creating an additional hazard in alley access with a number accidents recorded to date. Loss of 9 full/part time employees, some single mothers. Disruption of not only the business district but the neighborhood in general Creating an eyesore that for all appearances resembles a prison camp Lack of maintenance to existing asphalted area-drilling holes-created sink holes-asphalt removed-general neglect of the property Did no background checks on individual/individuals involved for criminal activity before transfer B. In addition, is it the City Of Spokane Valley's intent to use tax dollars to fund the legal defense of the Heritage Museum either directly or through covert requests for monies (calling it something else) in 2012 and thus doing further damage to the local businesses. Attachments from Superior Court case 10-2-00799-1 Deed Criminal records B month DVR available on request showing little or no activity from the public and particularly only one school bus recorded in 2011-refutes exaggerated claims of a sea of buses and children. Bank/eBay records showing questionable transfers of museum funds and gift for personal gain. Sincerely f r Gary Peters Dave Thompson Pat McIntyre Peters Hardware Dave's Bar& Grill Ichabods Sports& Grill ry A r� t P.1 504'382 Page 1 12 43111/2OO4 64141 II OK F E, C H ILE C Spokane Ce, 14A AFTER RECORDING RETURN TO: WITHERSPOON, KELLEY,DAVENPORT&TOOLE PS 422 WEST RIVERSIDE AVE., SUITE 1100 SPOKANE, WA 99201 QUIT CLAIM DEED THE GRANTOR, CITY OF SPOKANE VALLEY, a municipal corporation; , for and in consideration of One Dollar($1.00)and other good and valuable consideration,conveys and quit claims to THE GRANTEE, SPOKANE VALLEY LEGACY FOUNDATION; the following described real estate, situated in the County of Spokane, State of Washington, including any interest therein which grantor may hereafter acquire: ru a Lots 10 and 11 in Block 165 of OPPORTUNITY as per plat thereof recorded in Volume"K"of Plats, page 20; ow Situate in the County of Spokane,State of Washington. Tax Parcel No.: 45211.0110 and 45211.0111 Automatic Reversion: Grantee shall use the property in conformance with City of Spokane Valley Resolution No, 04-003 which is incorporated into this deed as if fully set forth herein, Resolution No. 04-003 contains a statement of intent and conditions relating to the transfer and use of the above property, Resolution ▪ No. 04.003 shall not be merged into this deed and shall survive closing. • Title to the above property shall automatically revert back to Grantor if the conditions of Resolution No, 04-003 are violated. For the purpose of title notice through this deed, the conditions are summarized as follows: if Grantee discontinues or otherwise fails to (1) use the Property as a museum,(2)dissolves or discontinues its corporate or proprietary existence,(3)loses its tax exempt 'y 5043821 Page, 2 of 2 On 1/204 04:1g S 111 t , 1(11 [ Spokane Co, i,9 status,(4)violates the conditions of Spokane County Resolution 96-1054,(5)voluntarily morta es or liens the property, or(6)acts contrary to the representations in Resolution No,04-00 �''�`'�' ro�� automatically revert back to Grantor. *O ,• ' P°A1:7::":161�' �°•s Dated ` �.v ' all, AL 200 1HC4EiPOfiJVTEO ; ^C r ch 31,20003 CITY I - . •1 • VALLEY 1*.. :.P• .`._ '0•49.41-/INGI',.0 .4 By: , mlitto City Manager STATE OF WASHINGTON) )•ss COUNTY OF Spokane ) On this /0_day of /n ,2004,before me,the undersigned,allotary Public'nand for the State of Washington,duly commissioned and sworn,personally appeared,David Mercier,to me known to be the City Manager of the City of Spokane Valley,a municipal subdivision of the State of 'Washington, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal subdivision,for the uses and purposes therein mentioned,and on oath stated that he is authorized to execute said instrument,and that the seal affixed is the seal of the City of Spokane Valley. IN WITNESS WHEREOF, I have here,I y hand and affixed my seal the day and year first above written r ..r J ir— ,ra.-._6//ice •-NOTARY PUBLIC in and for the State I -•- \Ne 1 11y�;r` of Washington,residing at Spokane Va ley 't•,.••••�•..Q4�, Rr� My commission expires: d f 0z r d gt..... ` e� t4OT4 pG,r) 0-;;A\ e�`p_�_J..+,rig F oil Pusuo i 1 i O/y, fir•.•.•• ,...,,,,v.,