03-08-16 MinutesYELM CITY COUNCIL REGULAR MEETING
TUESDAY, MARCH 8, 2016 MINUTES
Mayor Harding called the meeting to order at 6:00 pm.
2. Roll Call Present: JW Foster, Molly Carmody, Bob Isom, Tad Stillwell, Tracey
Wood, Joe DePinto and Russ Hendrickson.
3. Agenda Approval
16-030 MOTION BY RUSS HENDRICKSON APPROVING THE AGENDA AS
PRESENTED. CARRIED.
4. Special Presentations -
Student of the Month - Brianna Feller
Brianna Feller is a strong student who also attends South Puget Sound
Community College. She hopes to earn her AA degree at the same time she
graduates from Yelm High School. At the high school, Brianna serves as senior
ASB Treasurer and volunteers to help others whenever possible. Brianna
coordinated other student's fundraisers as a leadership event and organized other
students to help. The money raised by her efforts will offset the costs of
leadership camp for future student leaders. Brianna has volunteered to help train
new Treasurers to work with the ASB office. Outside of school, Brianna works at
Casa Mia and enjoys riding horses. She plans to attend Arizona State University
next fall with the goal of studying Communications.
5. Public Comment - no comment
6. Consent Agenda
Minutes - Regular Meeting February 23, 2016 & Study Session February 24,
2016
Payables - Checks #66364 - #66449 Totaling $1,198,896.32
16-031 MOTION BY RUSS HENDRICKSON APPROVING THE CONSENT AGENDA AS
PRESENTED. SECONDED BY TRACEY WOOD. Councilmember Stillwell asked
about the status of the Yelm Community Center and possible litigation. Mayor
Harding stated we are not in litigation at this time but there are some punch list
items that have not been completed and we have legal counsel helping us with the
terms of the contract with Steitz Construction. When this process started there
were quite a few items that the contractor needed to complete and now we are
down to about a dozen items. The City will be seeking a cost reimbursement from
the contractor and complete those items ourselves. Councilmember DePinto asked
if the legal counsel is on a retainer with the City. Mayor Harding explained that we
have a City Attorney and we have special counsel, which is the firm Foster Pepper.
Councilmember DePinto asked if they are on retainer then what are we specifically
hiring them to do. Mayor Harding explained that the firm Foster Pepper is used for
a number of different issues but there is no pending litigation at this time regarding
the Community Center. Councilmember Carmody voiced concerns for the bills
regarding Bean, Gentry and Wheeler, which is the firm where our City Attorney
Brent Dille works and asked if the bills listed in the voucher report is paid monthly
or every two weeks and asked Mr. Dille's hourly rates. Mr. Dille explained that the
agreement with the City of Yelm is for 180 hours annually at a reduced municipal
rate and the prosecution rates is a fixed rate. There is no retainer, the hourly rate
is $205 (normally $325 hourly), and charges a reduced rate of $125 per hour for
travel time. Councilmember Carmody asked why Mr. Dille is attending the Council
meetings on a regular basis now when he did not attend regularly in the past. Mr.
3/8/16
Dille stated he was asked to attend. Mayor Harding stated that normally City
Attorneys attend the Council meetings and in the past, we have saved money by
not having an Attorney present. Over the last couple of months, there has clearly
been a need for legal counsel to attend the meetings to advise the Council and
Mayor. Councilmember Carmody asked Mr. Dille when the last time he read
Robert's Rule of Order and if he considered himself an expert on the matter.
Councilmember Isom called Point of Order stating legal counsel has been asked to
attend the meetings. Councilmember Carmody does not feel that legal counsel is
necessary at the meetings and that the money could be better spent elsewhere.
Mayor Harding stated it is an operational decision to have counsel at the meetings
and not a grilling session.
16-032 COUNCILMEMBER WOOD MOVED TO TABLE THIS DISCUSSION TO A STUDY
SESSION. SECONDED BY RUSS HENDRICKSON. Discussion followed on the
procedure of the motion.
COUNCILMEMBER WOOD RETRACTED HIS MOTION TO MOVE TO A STUDY
SESSION.
MAYOR HARDING CALLED FOR THE QUESTION. ALL THOSE IN FAVOR OF
APPROVING THE VOUCHERS AYES -FOSTER, ISOM, STILLWELL, WOOD AND
HENDRICKSON. OPPOSED-CARMODY. ABSTAIN ED- DEPINTO. MOTION
CARRIED.
7. Public Hearing - none scheduled
8. New Business - none scheduled
9. Old Business - none scheduled
10. Mayor and Council Initiatives
Councilmember Foster attended the Chamber of Commerce State of the City
Address Luncheon. Yelm Dollars for Scholars Auction was a success again this year
bringing in approximately $125,000. Councilmember Foster thanked the
community for the support.
Councilmember Carmody will be going on a tour of the Intercity Transit System
in April.
Councilmember Wood attended the State of the City Address at the Chamber
Luncheon.
Councilmember DePinto asked for clarification on the need to have legal counsel
attend the Council meetings. Mayor Harding stated that there are new
Councilmember's and thought it would be helpful to have Mr. Dille attend to assist
with any procedural issues and advise the Council and Mayor in an unbiased
manner. Most cities have their legal counsel attend their meetings.
Councilmember Hendrickson attended the Yelm Emergency Operations Board
meeting where they discussed Alert Sense and upcoming training on the new
system. Councilmember Hendrickson also attended the Chamber State of the City
Luncheon.
Mayor Harding thanked the Council for attending the State of the City Luncheon
today and stated it was well received. Mayor Harding also attended the After Hours
3/8/16
Lions meeting to discuss Prairie Days and the operational aspects of the new
Community Center for that event.
11. Executive Session - none scheduled
12. Correspondence included -
Yelm Area Chamber of Commerce News March 2015
Enewsletter from Congressman Denny Heck -2016 U.S. Service Academy
Information Nights in the 10th Congressional District March 28-31, 2016
March Chamber Forum & Luncheon: State of the City, March 8, 2016 11:30am-
lpm
13. Adjourned at 6:23 pm.
-Z�C'�4 -
Ron HardingkMayor
3/8/16
Attest:
Lori Mossman, Deputy City Clerk