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REGULAR COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
PRELIMINARY AGENDA
November 17, 2020
7:00 PM
Page
A. CALL TO ORDER
Zoom Meeting Call-In Information
https://zoom.us/j/6456100804?pwd=OGVwVVRKQVFBQlZXb1IrS05mV0pvdz09
Phone Number: 1 (253) 215 8782
Meeting ID: 645 610 0804
Passcode: 845510 1. Pledge of Allegiance/Welcome
B. ROLL CALL
C. AGENDA CONFIRMATION 1. REMOVE G-2 Annual Amendments of QMC Chapter 10.08 and Chapter 20.38
I-2 Ordinance 20-551 – Adopting Annual Amendments of QMC Chapter 10.08 and Chapter 20.38
D. CONSENT AGENDA 1. Approval of Warrants - Payroll & Claims. 3 - 8 2. Council Meeting Minutes of November 3, 2020.
E. PUBLIC COMMENT
F. PRESENTATION
G. PUBLIC HEARING 1. 2021 Budget 2. Annual Amendments of QMC Chapter 10.08 and Chapter 20.38
H. RESOLUTIONS 9 - 29 1. 20-539 – Setting Public Hearing for B.A.S. Quincy LLC Development Agreement
30 - 35 2. 20-540 – Amending Public Records Disclosure Policy and Procedures
I. ORDINANCES 36 - 39 1. 20-550 – Adopting 2021 Ad Valorem
2. 20-551 – Adopting Annual Amendments of QMC Chapter 10.08 and Chapter 20.38
J. COUNCIL BUSINESS 40 - 43 1. Shamrock Paving, Inc. Pay Estimate #4 – B Street SE and C Street SE Improvements Schedule
B
44 - 46 2. POW Contracting Change Order #1 – C Street SE Improvements Schedule A
47 3. 2021 Budget Workshop
K. REPORT OF OFFICERS AND DEPARTMENTS 1. Mayor's Report
Page 1 of 47
2. Councilmembers - Committee Reports 3. Staff Reports
L. EXECUTIVE SESSION
M. ADJOURNMENT - CONTINUE TO
*ALL MATTERS LISTED WITHIN THE CONSENT AGENDA HAVE BEEN DISTRIBUTED TO EACH MEMBER OF THE QUINCY CITY COUNCIL FOR REVIEW, ARE CONSIDERED TO BE ROUTINE, AND WILL BE ENACTED BY ONE MOTION OF THE COUNCIL WITH NO SEPARATE DISCUSSION. IF SEPARATE DISCUSSION IS DESIRED, THAT ITEM MAY BE REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA BY REQUEST.
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110320 Minutes Page 1
CITY OF QUINCY
COUNCIL MINUTES
November 3, 2020
Mayor Worley called the meeting to order at 7:00 p.m.
Mayor Worley led the Pledge of Allegiance and welcomed the audience.
VIA ZOOM: Mayor Paul Worley; Councilmembers Tom Harris, David Day, Andrew Royer, Josey
Ferguson, Dylan Kling, Luke Garrison and Sonia Padron; City Attorney Danielle Marchant;
Administrator Pat Haley; Municipal Services Director Carl Worley; Police Chief Kieth
Siebert; Finance Officer/City Clerk Nancy E Schanze; Interim Fire Chief Tony Leibelt;
Quincy Port District Commissioners Brian Kuest and Pat Connelly; zero press (0) and two
(2) guests.
AGENDA CONFIRMATION
Motion by Councilmember Harris, seconded by Councilmember Day to approve the agenda as presented.
Motion carried unanimously.
CONSENT AGENDA
Motion by Councilmember Harris, seconded by Councilmember Ferguson to approve the consent agenda as
presented.
1. 2020 Claim Warrants #44110 through #44154 in the amount of $720,458.84; Payroll Warrants #129343
through #129362 in the amount of $287,737.36; Treasurer’s Checks - None; Advanced Travel Checks -
None; Electronic Payments from October 20, 2020 to October 31, 2020 - None.
2. Special Council Meeting Minutes of October 13, 2020.
3. Council Meeting Minutes of October 20, 2020.
4. Approve and authorize the Mayor or designee to execute the NASPO ValuePoint LLC Contract
Purchasing Entity Agreement for special pricing on Verizon Wireless products and services.
Motion carried unanimously.
PUBLIC COMMENT
None
PRESENTATION
None
PUBLIC HEARING
2021 Ad Valorem
Mayor Worley opened the public hearing to receive comments on the proposed 2021 Ad Valorem Tax at 7:03
pm. There being no comments for or against, Mayor Worley closed the public hearing at 7:04 pm.
2021 Preliminary Budget
Mayor Worley opened the public hearing to receive comments on the proposed 2021 Preliminary Budget at
7:04 pm. There being no comments for or against, Mayor Worley closed the public hearing at 7:05 pm.
Page 1 of 6
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110320 Minutes Page 2
RESOLUTIONS
20-537 – Delegating Authority to Business Licensing Services
Motion by Councilmember Harris, seconded by Councilmember Royer to adopt Resolution 20-537, a
resolution of the Council of the City of Quincy, Washington, delegating authority to the Washington State
Department of Revenue, Business Licensing Services, to extend the expiration of business licenses and to
waive late penalties for business licenses. Motion carried unanimously.
20-538 – Setting Public Hearing for Annual Amendments of QMC Chapter 10.08 and Chapter 20.38
Motion by Councilmember Harris, seconded by Councilmember Ferguson to adopt Resolution 20-538, a
resolution setting Public Hearing for November 17, 2020 to take comment on the Annual Amendments to the
City of Quincy Municipal codes Chapter 10.08 and Chapter 20.38.
Councilmember Garrison questioned what was changing in the code and Municipal Services Director Worley
stated that it will make things more flexible for a mixture of housing, allowing some assisted living units
within R-1’s under certain conditions. In making the allowance, definitions in the code needed to be updated
to accommodate the district use chart. It makes it more flexible for a variety of housing in R-M and R-1.
After discussion, motion carried unanimously.
ORDINANCES
None
COUNCIL BUSINESS
Grant County EDC 2020 Municipal Services Agreement
Motion by Councilmember Harris, seconded by Councilmember Day to approve and authorize the Mayor to
execute the 2020 Municipal Services Agreement with Grant County Economic Development Council at a
cost not to exceed $7,500 for 2020.
Councilmember Ferguson asked what this program does for the City and why it has been since 2018 since
we’ve been a part of it? Administrator Haley stated that he was unsure of the history of the agreement and
believed the final year was in 2018, which meant it would have originated in 2013. Grant County Economic
Development Council is an agency that serves all of Grant County to provide economic development in
various communities and throughout the County. This is a part of our support to help this organization
survive. Councilmember Kling questioned how the City came up with the amount of $7,500 instead of the
$15,000 they were asking for. Finance Officer/City Clerk Schanze informed Council that the City committed
to $15,000 a year for five years for a total of $75,000 and then the City would go back to the $7,500 a year.
The City Council felt that they could do the five-year commitment because Quincy was doing well with
businesses coming in. GG&F recommended we go with the $7,500 until we know how the City finances will
be. Councilmember Garrison asked how the agency benefited the City and Finance Officer/City Clerk
Schanze stated that they are the ones that have brought businesses to look at locating in the County and it is
a benefit to the County has a whole. Administrator Haley added that in an indirect way if an employer is
located in another location it is not improbable that people from Quincy would work there. What is good for
the County, in a way, is good for Quincy.
After discussion, motion carried unanimously.
Port District IWTP Transfer
Administrator Haley informed Council that in November of 2019, the City provided the Port of Quincy with
a Memorandum of Understanding to pursue alternate means of disposing the wastewater from the Industrial
User Group to accomplish the mandate by USBR for removal of the discharge into the West canal by
September 22, 2022. Subsequently, the Port has submitted a Transfer Agreement to acquire the treated
wastewater for the creation of a utility that would supply this water for irrigation on unimproved lands north
of the City. The Transfer Agreement has several modifications and contingencies that would be necessary
before the Port could acquire the water, including dates that have not yet been inserted in the document.
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110320 Minutes Page 3
These modifications, along with the dates, are being completed by the Port of Quincy, and the finalized
version of the Transfer Agreement will be presented at an upcoming meeting for the Council’s consideration.
Councilmember Ferguson asked what does irrigation on unimproved land north of Quincy mean and
Administrator Haley stated it means it is outside of the irrigation district boundaries. Councilmember
Ferguson added that it could be improved land if the water were brought to their location and Administrator
Haley said yes. If you need irrigation water and you reside within the irrigation district you would get it from
them, this would provide water for those that are outside the boundaries.
Councilmember Garrison asked why the City is not doing the utility when it was thrown out there when the
City was originally told they needed to get out of the canal. The City was told it was not going to happen and
now someone else is doing it and it is okay. Administrator Haley stated that the City has the responsibility
to get out of the canal and over the last ten or so years they have searched for alternate means to do it. There
have been trial and error and the ASR Well was thought to be the plan where all the water could go but this
option, along with all the other options, turned out to be economically unfeasible. The last time the Port
District was looking at this option they were planning to acquire the Industrial Treatment Plant, which would
require a larger economic cost to them and more legal involvement. This agreement is a way of “acquiring
our garbage”, we are throwing away the water or disposing of the water and they are saying they will take the
water and pay for the expense to go up north to the lands that are unimproved and put in all the infrastructure
and negotiate all the contracts for the sale of that water to help with the costs to the system. In the process, it
solves the problem for the City and opens up agricultural lands that are currently unimproved which creates
more opportunity for growth in the industrial wastewater classification. Councilmember Garrison asked why
the City was not selling the water to the Port, this is not trash water, and it cost a lot to get it where it is.
Administrator Haley informed Council that the industrial users group have already paid for the treatment of
the water so the water as it is treated, the requirements for us to discharge it into the canal, they have paid for.
The City has to get rid of it and if we were to go with the ASR well we would have to treat it to a ground
water standard, which would have cost us a lot more money and the discharge is a problem we have been
working on for many years. It has no value to us since the industrial users group has already paid to treat it;
at this point, they are taking the water off our hands and finding a solution to discharging it. Councilmember
Kling asked if the City accrued any costs and Administrator Haley stated the costs were paid for by the
industrial users group; Lamb Weston, Quincy Foods and Amway. The water is treated to the level of the
permit to discharge into the canal. If we go to another direction of discharging, we will have to get it permitted
and treat it at that level. The industrial users group will have to pay for the treatment and it gives the industrial
users group a chance to solve where that water is going to go. It is not a profit making thing but a cost
recovery thing. Councilmember Royer explained to Council that it is a pass through by the ratepayers in the
industrial users group. Councilmember Garrison stated that the Reuse Construction fund total revenues is
$2.5 million dollars with $47 million dollars budgeted. Administrator Haley stated that the Reuse facility is
different from the Industrial treatment facility. The City has three waste streams, municipal, industrial and
reuse. The reuse is different, that wastewater is currently going to the municipal plant, and we are not allowed
to continue that so they had to come up with an alternate method for treating it so they are trying to create a
closed loop system. Bob Davis provided a lot of information about that in his presentation where they treat
it and send it back around for cooling. The industrial water is just food processing water, can be used for land
application with a permit, and will need to be treated to that permitted level. Councilmember Ferguson
commented that in the presentation there was a conflict where they would have a 180M gallons or 600M
gallons for a pond and that is a pretty large gap and if you are this far through why has that not been nailed
down. Administrator Haley stated that part of the transfer agreement has a bunch of contingencies in it and
they have to meet all the contingencies before the agreement is consummated. They do not get the water until
they meet all the standards and one is a 30% design, and that is scheduled to come in December or January
depending on the engineers. They have spent about a quarter million dollars in engineering costs just to get
to this point and the transfer of the water agreement lets them know that they have a product they can go to
landowners who might want to buy the water and the winter storage pond, which will take the water so there
will be product there. They are not going to build the pipe and hope they can acquire the water. It is a
beginning step of a multiple step project. Councilmember Ferguson stated that ultimately, they would have
to treat to ground water level, why can the Port do this and not the City. Administrator Haley stated they are
creating another utility and essentially the utility is going to have customers that will be a big revenue, $30-
$40 million dollars in a revenue bond that the Port will acquire to pay for the infrastructure and the revenue
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110320 Minutes Page 4
bond will be covered by the IUG. They will be on the hook for the bond so any water that is sold will go
toward the debt service to pay for the whole structure. Councilmember Garrison asked how much money
they are anticipating making and Administrator Haley stated that the Port is not in the business of making
money, they would be fortunate to cover their costs. It gives the food processing industry a solution to the
problem so that they can grow. Councilmember Ferguson stated that three years ago the Port was going to
buy the whole process and backed out. Why are we not pursing this a little more to bail us out, why are we
relying on them to bail us out? Administrator Haley stated that we have been exploring this for over ten
years; he has only been here for a year and a half so there is a lot of history and a lot of money that has been
spent on this by weighing different options. Feasibility studies, anything we could do, send it down to Ancient
Lakes, Baird Springs, a number of options and you have to consider the feasibility of doing it. The Port said
they do not want to be in the wastewater business but they will take the water and run the utility, they agreed
to take on the problem. The Port’s motive is the economic survivability of the industrial users group because
that is really their mission; they are involved in economic development and helping stimulate the economy.
This allows it to happen and allows the food processors to grow because they would not be limited by the
amount of discharge they are allowed to have. It would be great if the bureau changed its mind and we could
continue to discharge into the canal. Councilmember Garrison asked why the data centers are not taking the
water and using it. Administrator Haley stated that the data centers are on their own system. They cycle
through their system several times and then blow it back since there are high concentrations of salt and other
minerals that will damage their equipment. The blended water is made up of potable water. The industrial
users group can only use potable water so it has to come out of the ground and they use 57% of all the water
that we pump. The residential and commercial use 33% and the data centers only use 10% of the water. The
City got an agreement with the bureau and irrigation district to use M&I water which is not potable. The food
processors have the sanitation and food processing sides so close together, so all the water has to be potable.
Councilmember Royer clarified that 57% of the water is what the industrial user’s use that is made up of the
food processors, not data centers, residential or commercial users. Councilmember Kling stated that a lot of
this we heard on the 20th and it is too early to bring it back when he understood they were waiting for a
response from the Department of Ecology (DOE) and others. The City should not move quickly just to get it
done and added that he believes PU&E has not met since the presentation at the last Council Meeting.
Councilmember Kling added that he felt this was a little rushed and Council has not been given enough
information. Administrator Haley stated that there is a clock ticking and it is 2022, this has been a dozen
years the City has been working on it and you cannot just bring in DOE and tell you here is your permit.
They need engineering reports and hydrogeological reports. Councilmember Kling stated that at the last
meeting it was said the DOE would come back with a response in a couple of weeks and that is what we were
waiting for. Administrator Haley stated that the engineering firm, Landau, is fully engaged with the DOE for
this process of land application. They will have to do more with the water than just throw it on the ground.
It will have to be blended with M&I water from the canal so that it finds it dilution level sufficient for ground
application or they will have to pay for additional treatment. Any consumable crops have a highly specified
level of treatment necessary and since they are going through the expense of putting the water up there, they
are going to want to grow the most premium crop. It is a multi-year process to get it permitted and approved
and the Port needs affirmation that if they meet all the contingencies then they will have water to use for their
system. Councilmember Ferguson stated that he would like affirmation with some numbers and dates on
paper before we move forward. Administrator Haley stated that this is just informational so the final draft
with all the contingencies will be submitted at an upcoming Council Meeting for your consideration. Mayor
Worley asked if the industrial user groups are talking about expanding and discharging more than they have
to get that cleared through DOE too so they can pump the water wherever they want but they are still only
going to be allowed to discharge X amount of water. Why would they not get that part of it fixed before they
decide to pump it anywhere. Just because it is pumped over the hill does not mean their discharge limit is
going to double. Administrator Haley stated that he cannot speak for the corporate decisions but Lamb
Weston was competing with Hermiston for a modification of their new plant and because the City had not
solved the wastewater problem, it went to Hermiston. There are issues with international sales of their
products can no longer be shipped out of Portland so they have to be shipped out of Seattle which makes
Quincy the better location so they have given the Quincy growth and development the higher priority. It is a
$30-$40 million dollar project and they have spent a quarter of a million already. They will likely stop any
additional work if the City chooses not to participate in the transfer agreement. Councilmember Garrison
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110320 Minutes Page 5
asked what happens if the City chooses to participate, they start going forward with their plan and the plan
cannot succeed, then what happens to the water. Administrator Haley stated that the City would then get
permission from the USBR for the deadline to be extended, the problem comes back into our hands, and we
will have to figure it out. They are taking the problem off our hands and if it fails, it is back in our hands.
Administrator Haley stated that he, along with the Port, have been meeting with USBR, giving updates and
based on the progress the USBR has allowed us permission to keep going. If they see progress then they
might allow us to extend the deadline but they want to see pipe in the ground.
POW Contracting Pay Estimate #2 – C Street SE Improvements Schedule A
Motion by Councilmember Ferguson, seconded by Councilmember Garrison to approve Pay Estimate #2 to
POW Contracting in the amount of $238,750.00, plus sales tax in the amount of $19,577.50 for a total
payment amount of $258,327.50 for the C Street SE Improvements Schedule A project. Motion carried
unanimously.
Tommer Construction Co., Inc. Pay Estimate #1 – ASR Well Site and Access Driveway Improvements
Motion by Councilmember Garrison, seconded by Councilmember Harris to approve Pay Estimate #1 to
Tommer Construction Co., Inc. in the amount of $230,972.38, plus taxes in the amount of $3643.25, less
retainage in the amount of $11,548.62 for a net payment due of $223,067.01 for the ASR Well Site and Access
Driveway Improvements project. Motion carried unanimously.
Tommer Construction Co., Inc. Substantial Completion ASR Well Site and Access Driveway
Improvements
Motion by Councilmember Garrison, seconded by Councilmember Harris to declare the ASR Well Site and
Access Driveway Improvements project substantially completed as of October 16, 2020. Motion carried
unanimously.
Apollo, Inc. Release of Retainage – Neutralized Brine Waste Conveyance Systems
Motion by Councilmember Harris, seconded by Councilmember Ferguson to authorize City Staff to release
the retainage withheld from Apollo, Inc. in the amount of $56,175.53 for the City of Quincy Neutralized
Brine Waste Conveyance System project. Motion carried unanimously.
Apollo, Inc. Release of Retainage – Industrial Reuse Water Utility Improvements – CLA Pipeline
Extension
Motion by Councilmember Harris, seconded by Councilmember Ferguson to authorize City Staff to release
the retainage withheld from Apollo, Inc. in the amount of $28,600.32 for the Industrial Reuse Water Utility
Improvements – CLA Pipeline Extension project. Motion carried unanimously.
Freese Excavation, LLC Contract – Quincy Water Reuse Utility Infrastructure Improvements
Motion by Councilmember Kling, seconded by Councilmember Ferguson to approve and authorize the Mayor
to execute a small works contract with Freese Excavation, LLC in the amount of $32,199.90, plus applicable
taxes, for the Quincy Water Reuse Utility Infrastructure Improvements project. Motion carried unanimously.
2021 Budget
Mayor Worley asked if there was a day next week to continue the meeting via zoom for the 2021 Budget
Workshop. Council concurred to meet Monday at 5:00 pm.
REPORT OF OFFICERS AND DEPARTMENTS
Mayor's Report
Mayor Worley thanked everyone and the citizens for their patience with all the projects around town and for
wearing masks and being as safe as they can.
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110320 Minutes Page 6
Councilmembers - Committee Reports
Trunk or Treat
Councilmember Ferguson informed Council that the Trunk or Treat around the Port was a big success.
Staff Reports
Fire
Interim Fire Chief Leibelt informed Council that there have been some administration changes in their office,
the ladder truck has been tested and still has the same twist when it was tested and the Fire District resident
program is full.
Police
Chief Siebert informed Council that the Police Department did a food drive last weekend and they collected
1,000 lbs. of foods plus $300 cash donation for the Quincy Food Bank and November 17th they will be running
around handing out Thanksgiving Dinners. They raised about $8,000 for Thanksgiving Dinners and
Christmas Shop with a Cop.
Municipal Services
Municipal Services Director Worley informed Council that Chris Overdorf, SCJ Alliance, is working on the
Master Park Plan and he is looking to have something a little more in detail in the next two to four weeks.
MSD Worley has been attempting to coordinate SCJ Alliance with Burger Partnership, the two entities doing
the design and conceptual work for our City. MDS Worley added that he met with a couple interested
skateboarders to get involved in the pump track / skate park development.
Finance
Finance Officer/City Clerk Schanze informed Council that four members of the Senior Center wanted to
attend the public hearing to formally request Council consider their budget request and encouraged Council
to read through their request to be discussed at the budget workshop.
EXECUTIVE SESSION
Mayor Worley called for an executive session at 7:56 pm to discuss Personnel per RCW 42.30.110(1)(g) for
a time not to exceed 45 minutes with no action to follow. Mayor Worley extended the executive session at
8:41 pm for 15 minutes. Mayor Worley extended the executive session at 8:56 pm for 15 minutes. Mayor
Worley called the regular session back to order at 9:11 pm.
ADJOURNMENT
Motion by Councilmember Garrison, seconded by Councilmember Day at 9:12 pm to continue the meeting
to Monday, November 9, 2020 at 5:00 pm. Motion carried unanimously.
Paul Worley, Mayor Nancy E Schanze, Finance Officer/City Clerk
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c. Street signs must be in place, ?re apparatus access completed to theInternationalFire Code standards, and ?re hydrants shall be ?ow tested by aWashington State Licensed ?re sprinkler contractor. Flow test results shall besubmitted to the ?re department.
1. Streets signs are in place on the existing roadway, but would beupdated at the time of the completion of future roadimprovements.
2. Adequate ?re access roads are currently available and anadditional ?re hydrant was addedfollowing annexation.
d. Provisions have been made for all public dedications,and/or easements.
e. Monumentation of all exterior site corners shall be provided.
The site is zoned General Industrial and meets the de?nition of an integrated site.(QMC 19.18.040(2))
Appropriate easements and maintenance agreements for shared facilities, includingbut not limited to, circulation, parking, utilities and landscaping,shall be provided.
When taken as a whole, and not considering any interior lot lines, the integrated sitemeets all the zoning and subdivision requirements.
Modi?cations to the minimum zoning standards for individual lots located within theintegratedsite, including setbacks, parking, landscaping, lot area and lot dimensionare not detrimental to the public health, safety and welfare, do not adverselyaffectthe rest of the integrated site or other properties in the vicinity.
The common improvements necessary to serve any particular phase of developmentsatisfy the zoning and subdivision requirements for that phase.
The circulation system shall incorporate appropriate provisions for safe pedestrianactivity from parking to the building within each individual Tract. (QMC19.I8.0-40(7)).-
1. QMCI5.-44.011(B) exempts the G-I Zone fromsidewalks. A safepedestrian circulation system shall be incorporated within the site.
The sign regulations shall be applied to the integrated site as a whole.I . A single multi-tenant monument or freestanding sign may be
installed at each end of the site access road directing tra?ic to theinterior lots ofthe BSP.
2. Individual signs may be installed on individual lots in accordancewith QMC20.50 and the International Building Codes.
3. All signs shall be installed in accordance with the (Sign Code) QMC20.50 and the International Building Codes.
The yard requirements of the International Building Code are satis?ed.
Decision Approval of PreliminaryBinding Site Plan -3-
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AGENDA ITEM: H - 2
AGENDA TITLE: Resolution 20-540 – Amending Public Records Disclosure Policy and Procedures
DATE: November 17, 2020 ACTION REQUIRED: ORDINANCE______ ___ COUNCIL INFORMATION_____ ____ RESOLUTION____X_ ___ OTHER_____ __ __ MOTION_____X ____ EXPLANATION: This proposed Resolution amends the City’s current Public Records Disclosure Policy and Procedures to adopt by reference, the Sunshine Committee’s list of exemptions available to the City to utilize when processing request for public records. The Policy amendment adds a section authorizing the Public Records Officer to create, implement, and amend as needed, internal procedures for staff to follow when responding to requests. The internal procedures will be more informational and more of a step-by-step process for staff to refer to. There are also minor adjustments that include renaming the section pertaining to third party notices from “Protecting right of others” to “Third Party Notification” and including the City’s website as a recommended method for submitting a public records request. FISCAL IMPACT: None BARS CODE: ALTERNATIVES: Do not approve. STAFF RECOMMENDATION: Staff recommends approval. COUNCIL COMMITTEE RECOMMENDATION: This item will be discussed at the GG&F Committee meeting on November 17, 2020. MOTION: I move to adopt Resolution 20-540, a Resolution amending the Policy and Procedure for responding to requests for public records under the Public Records Act.
Page 30 of 47
RESOLUTION 20-540 Page - 1 -
CITY OF QUINCY, WASHINGTON
RESOLUTION NO. 20-540
A RESOLUTION AMENDING THE POLICY AND PROCEDURE FOR RESPONDING TO REQUESTS FOR PUBLIC RECORDS UNDER THE PUBLIC RECORDS ACT
WHEREAS, the City Council adopted Resolution 17-414 on August 2, 2017, which adopted the Public Records Disclosure Policy and Procedure (“Policy”) for responding to requests for public records under the Public Records Act;
WHEREAS, the City Council adopted Ordinance 17-495 on August 2, 2017, removing the City’s Policy from QMC 2.60 and instead adopting it by Resolution 17-414 on August 2, 2017;
WHEREAS, the City Council adopted Resolution 19-464, amending Resolution 17-414 and the Policy to address requests for Police Accident Reports on February 5, 2019;
WHEREAS, the City Council adopted Resolution 20-504 on January 7, 2020, amending Resolution 19-464 and the Policy to include a section authorizing the Public Records Officer, or designee, to waive costs associated with public records requests that are $5.00 or less; and
WHEREAS, the City’s staff has proposed the Policy be amended as set out in Exhibit “A” to update the recommended methods of submittal for public records requests, adopt by reference lists of exemptions as required by RCW 42.56.070(2) and delegate authority to the Public Records Officer to update sources for lists of exemptions as needed, and to delegate authority to the Public Records Officer to create and amend, as necessary, internal procedures for responding to public records requests. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Quincy, Washington as follows: Section 1. The Policy for responding to requests for public records under the Public Records Act set out in Exhibit “A” is hereby approved and adopted in its entirety. Section 2. If any section, clause, or provision of this Resolution or its application to any person or circumstance is declared by the court to be invalid, the remainder of this Resolution or the application of the provision to other persons or circumstances shall not be affected. Section 3. This Resolution shall take effect upon adoption.
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RESOLUTION 20-540 Page - 2 -
ADOPTED by the City Council of the City of Quincy, Washington, this 17th day of November, 2020.
Paul Worley, Mayor ATTEST: Nancy E. Schanze, Finance Officer/City Clerk Approved as to form: OFFICE OF THE CITY ATTORNEY Danielle R. Marchant FILED WITH THE CITY CLERK: November 13, 2020 PASSED BY THE CITY COUNCIL: November 17, 2020 EFFECTIVE DATE: November 17, 2020 RESOLUTION NO.: 20-540
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RESOLUTION 20-540 Page - 3 -
Exhibit “A”
CITY OF QUINCY PUBLIC RECORDS DISCLOSURE
POLICY AND PROCEDURE Authority and Purpose. The purpose of this Policy and Procedure (“Policy”) is to establish the procedures the City of Quincy ("City") will follow in order to provide the public full access to public records (“Records”), pursuant to the Public Records Act, RCW 42.56 ("Act"). The purpose of the Act is to provide the public full access to Records concerning the conduct of government, mindful of individuals' privacy rights and the efficient administration of government. The Act requires the City to "provide full access to public records," "protect records from damage or disorganization," "prevent excessive interference with other essential functions of the City," provide "fullest assistance" to requestors, and provide the "most timely possible action" on Records requests. This Policy provides information to persons (“Requestors”) wishing to review Records and establish processes for both Requestors and the City staff designed to best assist Requestors in obtaining such access, without unduly interfering with the City's operations. If this Policy does not directly or completely address a situation presented by a particular Request, the City will interpret this Policy according to the Act, the intent of the Act, and consistent with its interpretation by the Courts, and with the Model Rules adopted by the Washington Attorney General at Chapter 44-14 WAC. Contact information. The City is organized as a Code City, utilizing the Mayor/Council form of government. The City's appointed Public Records Officer is the City Administrator, who will oversee compliance with the Act but may delegate actions to other members of the City's staff. A Requestor wishing access to Records, or seeking assistance in making a Request may contact the Public Records Officer: PO Box 338, Quincy, WA 98848 (509) 787-3523 (office) [email protected] Availability of Records. Records are available for inspection and copying during the City’s normal business hours of the City, from 9:00 a.m. to 4:00 p.m. Records must be inspected at the offices of the City. Due to the size of the City's office staff, and the nature of the City's records and filing, the City reserves the right to treat a Request as being a request for a copy of Records. Therefore, a Request may not result in an immediate access to Records, and the Requestor may be requested to return at a later time during normal business hours, at the discretion of the Public Records Officer. Requests for Public Records. The City recommends a Requestor make their request in writing on the City’s request form, or by letter, or e-mail, or through the City’s website, addressed to the Public Records Officer and includeing the following information:
a. Name of requestor; b. Address of requestor; c. Other contact information, including telephone number and any e-mail address; d. Identification of the requested Records by reference to names, title, subject matter, and time frames, or
other means adequate for the Public Records Officer to locate the requested Records; and e. The date of the Request.
The Public Records Officer will accept Requests containing the above information by telephone, or in person. If the Public Records Officer accepts such a Request, they will confirm the Request and the substance of the Request in writing. Records v. Information. The Act requires the City to provide access to “identifiable records”, not information. Therefore, the City is not obligated to create a record to satisfy a Request. Further, the City’s ability to provide Records is directly influenced by the clarity and accuracy of the Request. The Act does not allow a Requestor to search through the City’s files for records which cannot be reasonably identified or described to the City. Further, Requests are not interrogatories, and the City is not required under the Act to conduct legal research for a Requestor. The City may seek a clarification of an objectively "unclear" Request. If the Requestor fails to clarify an unclear Request, the City will not respond further to the Request and will deem the request abandoned; provided that the
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RESOLUTION 20-540 Page - 4 -
City will respond to all portions of the Request where clarification is not needed. Costs; Deposits; Payment. The Requestor must pay the cost of copying, but not searching for, Records. The charges for photocopies and electronic copies are established within the City’s Rate Resolution as set out in RCW 42.56.120(b). The City may determine that it may be less disruptive to the City's operation to send original records to a certified commercial copying center to fulfill a Request, and the Requestor shall pay the cost of this commercial copying. The Requestor shall also pay the actual cost of any digital storage media or device provided by the City, container or envelope used, and postage or delivery charge to mail the Records. The City may impose a customized service charge if information technology expertise is required. Prior to the City undertaking the copying of Records, the Requestor shall, at the City’s request, deposit up to 10% of the City’s reasonable estimate of the cost of copying the Records. Prior to receiving the Records, the Requestor shall pay the balance City’s cost of copying. Acknowledging receipt of Request. Within 5 business days of receipt of a Request the City will do one or more of the following: a. Make the Records available for inspection or copying; b. Send copies of the Records (assuming payment has been made); c. Provide a reasonable estimate of when Records will be sent; d. Request clarification; or e. Deny the Request. Protecting rights of othersThird Party Notification. If the requested Records contain information that may affect rights of others and may be exempt from disclosure, the City may, prior to providing the Records, give notice to such others, so as to make it possible for them to assert their respective rights, such as seeking an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the Request. Affording one the right to assert a right to protect the dissemination of Records may delay the provision of the Records. Records exempt from disclosureWithholding Confidential or Exempt Information. The City shall make available for public inspection and copying all public records unless the record falls within the specific exemptions of the Public Records Act or other statute which exempts or prohibits disclosure of specific information or records. RCW 42.56.070(1). There are hundreds of exemptions in state and federal law that may apply to public records maintained by the City. The City looks to the list of exemptions that the Washington State Code Reviser provides to the Sunshine Committee on an annual basis. That list is available on the Sunshine Committee’s website https://www.atg.wa.gov/sunshine-committee. The City adopts this list by reference, as it now appears or is hereafter amended, to meet the requirement to publish and maintain a list of exemptions under RCW 42.56.070(2). The Public Records Officer has the authority to amend or supplement the list; as necessary, and to amend this policy to provide the most recent website address where the list is contained. In the event that responsive records contain information that is exempt from public disclosure, the City shall redact the exempt information and release the nonexempt information and a brief explanation justifying the redaction. Public records that are not subject to disclosure under state law, that are described as exempt by chapter 42.56 RCW, or that are required to be withheld by any other law, are exempt from disclosure. If the City believes that a Record is exempt from disclosure and should be withheld, the City will identify the specific exemption and explain why the Record or a portion of the Record is being withheld. If only a portion of a Record is exempt from disclosure, the City will redact the exempt portions, provide the non-exempt portions, and indicate to the Requestor why portions of the Record were redacted. Delivery of Requested Records. Unless otherwise agreed, the City will provide the copies of the Records via US Mail, at the Requestor’s cost. For requests of large volumes of records, the City will make the records available at the requestor’s cost. Closing of Request. When the inspection of the Records is complete and all requested copies are provided, the City will close its file on the Request. When the Requestor either withdraws a Request or fails to fulfill their obligations to inspect the records or pay the deposit or final payment for the requested copies, the City will close the Request and so advise the Requestor. Review of Denials. A Requestor may petition the Public Records Officer for review of any decision made by the City in response to a Request. The petition shall be in writing and include a copy of the City’s decision. The Public Records Officer shall refer the petition and any other relevant information to the City Attorney, who will immediately consider the petition and either affirm or reverse the decision within 2 business days following the City’s receipt of the petition. Any person may obtain court review of denials of Requests at the conclusion of 2 business days after the initial denial regardless of any internal administrative appeal.
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RESOLUTION 20-540 Page - 5 -
Police Accident Reports. Pursuant to Ch. 46.52 RCW, a request for a Police Accident Report will not be deemed a Request for Records under this Policy or the Act if the Requester certifies, in writing, to the City that the Requester is an “interested party.” If the Requester does not certify that they are an “interested party” then their Request for a Police Accident Report will be processed under this Policy. The City has developed a form that a Requester may complete for the certification. For purposes of this Policy, “interested party shall mean any party authorized to receive a copy of an accident report as authorized in RCW 46.52.080 or RCW 46.52.083, as they now appear or are hereafter amended; and “Accident Report” shall mean any accident report or supplemental report required by Chapter 46.52 RCW, as it now appears or is hereafter amended.
Internal Procedures. The Public Records Officer has the authority to create and implement internal procedures for staff to follow when responding to public records requests that are consistent with this policy. Furthermore, the Public Records Officer has the authority to amend the internal procedures as necessary.
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Date November15,2020
ContractTitle C StreetSE Improvements— Schedule
Contract# QPW-19015-A
ChangeOrder#
CWY0»,,.._
ChangeProposedbyContractor.
OriginalContractAmount $530,600.00 (plustaxes)
CurrentContractAmount $530,600.00 (plustaxes)
ChangeOrder# 1 $69,800.00
EstimatedContractTotalAfterChange $600,400.00 (plustaxes)
OriginalContractDays 70Calendardays toSubstantialCompleti
PrimeContractor‘ PipeofWashingtondba POWContracting
ChangeOrderbyEngineerunderthe tennsofthe GeneralConditionsofthe Speci?cations
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