Special City Council Meeting 05/20/2020 07:30 PM 149 Hodgden Street S, Tenino, WA 98589

WORK SESSION

• 1.Council approval of Ordinance 910, City of Tenino COVID-19 Recovery Grant Program, was contingent upon State Auditor's Office (SAO) "approval" which meant they would review the proposed program and provide any concerns about legal and audit requirements. On Thursday, May 7, 2020, a conference call between C/T Millard and several members of the SAO, including their legal manager, indicated the SAO has concerns about the program.  C/T Millard prepared a brief email (attached) summarizing the conversation and provided the email to both Mayor Fournier and City Attorney Hughes.

  Mayor Fournier has acknowledged the SAO's concerns and wishes to move forward with the grant program as conceived, provided the ordinance is amended to make clear the Council's finding that COVID-19 Recovery assistance provided by the City is a function of providing for the "poor and infirm" as authorized by the Constitution of the State of Washington.  City Attorney Hughes is willing to certify the ordinance complies with the required form with respect to the gift of funds question provided the City Council:

  1.  Votes to approve the program only after the Council discusses each of  SAO's concerns, and the risks associated with each concern after full disclosure,

  2.  Is satisfied that each concern is or will be adequately addressed by the City, including any potential conflicts of interest,

  3.  That the City Attorney’s approval as to form only relates to the language of the ordinance being satisfactory to address the gift issue, not whether the program as administered will ultimately satisfy gift issue since this depends on successful implementation of financial controls assuring city funds are spent in accordance with the program,

  4.  Understands the City Attorney does not offer any opinion about financial controls needed administer the program, as this is outside his area of expertise,

  5.  And the Council is updated about the program at each council meeting not less than monthly, including the concerns raised by SAO.

  Ordinance 910A is the Administration's attempt to address the nexus issue, the unfunded liability issue, and to include the ability to apply the grant proceeds to a Citizen's utility account.
  
  

CALL TO ORDER

AGENDA APPROVAL

CONSENT CALENDAR

• 2.Payroll EFT's in the amount of $52,413.21 and Claims Checks #29091 through #29121 and other EFT's in the amount of $488,567.06 for a grand total of $540,980.27.

  Recommended action:  Move to approve payroll EFT's in the amount of $52,413.21 and Claims Checks #29091  through #29121 and other EFT's in the amount of $488,567.06 for a grand  total of $540,980.27, as presented.

• 3.Liquor & Cannabis Board Applications/Renewals

  Applications:  None

  Renewals:  Landmark Tavern.

OLD BUSINESS

• 4.RCW 90.50, Shoreline Management Act of 1971, requires cities with shorelines to develop and implement a Shoreline Master Program (SMP) in order to "insure the development of these shorelines in a manner which, while  allowing for limited reduction of rights of the public in the navigable  waters, will promote and enhance the public interest. This policy  contemplates protecting against adverse effects to the public health,  the land and its vegetation and wildlife, and the waters of the state  and their aquatic life, while protecting generally public rights of  navigation and corollary rights incidental thereto.

  The City's SMP is due for it's periodic review in June of 2020.  The State Department of Ecology has authorized grants in an amount to cover the necessary time and materials to complete the required review.  Applying for such a grant is also a request to extend the time required for review by one (1) year.  Tenino's contracted Planning Agency, SCJ Alliance, has a qualified individual who has assisted other municipalities within the state of Washington to complete the reviews using the proceeds of the Ecology grant.

  Recommended action:  Move to authorize the Administration to submit a grant application for the purpose of completing the required Periodic Review of the City of Tenino's Shoreline Master Program.

ORDINANCES

• 5.Ordinance 910, COVID-19 Recovery Grant, was duly adopted on April 28, 2020.  However, subsequent events have shown the need to amend the Recovery Grant Program to more clearly describe the nexus between COVID-19, economic hardship, and the performing of fundamental government functions in order that the grant not be considered a gifting of public funds; and to authorize the use of the grant funds to credit grant recipient's utility accounts.

  Ordinance 910A would repeal and replace Ordinance 910 in its entirety and should be subjected to the same scrutiny as Ordinance 910 relative to addressing the concerns of the City Attorney and State Auditor's Office. 

EXECUTIVE SESSION

• .This executive session is to be held under the provisions of  RCW 42.30.110 (1) (a) (ii), To consider, if in compliance with any required data security breach disclosure under RCW 19.255.010 and 42.56.590, and with legal counsel available, information regarding the infrastructure and security of computer and telecommunications networks, security and service recovery plans, security risk assessments and security test results to the extent that they identify specific system vulnerabilities, and other information that if made public may increase the risk to the confidentiality, integrity, or availability of agency security or to information technology infrastructure or assets.

  The session will not begin until all other business has been conducted and will last approximately 30-45 minutes.   No "final action" (as that term is defined by RCW 42.30.020) shall be taken.
  
  

ADJOURNMENT